Resolution Recommending Land Use Regulation Amendments #20-02

WEST ORANGE TOWNSHIP PLANNING BOARD RESOLUTION RECOMMENDING THE DRAFTING OF NEW SUBSECTIONS 25-33 AND 25-34 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF WEST ORANGE ENTITLED “LAND USE REGULATIONS” WHEREAS, the West Orange Township Planning Board (the “Board”), having retained Phillips, Preiss, Grygiel, Leheny, Hughes LLC, planning and real estate consultants to assist with the preparation of the Township’s 2019 Master Plan Reexamination, pursuant to N.J.S.A. 40:55D- 89, incorporated the input of the Township's residents and business community, through public meetings and with a majority of a quorum of the Board present at the Board’s January 8, 2020 regular meeting officially voted in favor of adoption of a re-examination report which recommended specific Plan Element Amendments; and WHEREAS, the aforementioned duly adopted re-examination report includes recommendations for amending the Township’s Land Use Regulations (Ch.25) so as to encourage the use and development of environmentally sustainable infrastructure and building design; and WHEREAS, per discussion at the Board’s May 6, 2020 regular meeting, a memorandum dated June 23, 2020 was prepared by the Board’s Planning Consultant which featured drafts of amendments to the Township’s Land Use Regulations (Ch.25); and WHEREAS, the June 23, 2020 memorandum drafts would add subsection 25-33 and subsection 25-34 of the Revised General Ordinances of the Township of West Orange, respectively; and WHEREAS, the draft of new subsection 25-33 (Exhibit A) would permit and regulate the use of “Solar Energy Systems” in all zone districts; and WHEREAS, the draft of new subsection 25-34 (Exhibit B) would permit and regulate the use of electric vehicle infrastructure in all zone districts; and WHEREAS, a quorum of the Board discussed and reviewed the merits of the draft new subsections at a regular meeting of the Board on August 5, 2020 and voted in favor of recommending that the Township Council consider drafting such amendments; and WHEREAS, pursuant to N.J.S.A. 40:55D-64 and N.J.S.A. 40:55D-26a, the Board acknowledges its ongoing duty to, upon referral from the Township Council, identify any provisions in the proposed new subsections which are inconsistent with the Master Plan and make recommendations concerning any inconsistencies and any other matters as the Board deems appropriate; NOW, THEREFORE,

the proposed new subsections which are inconsistent with the Master Plan and make recommendations concerning any inconsistencies and any other matters as the Board deems appropriate; NOW, THEREFORE, BE IT RESOLVED the Planning Board recommends that the draft of the new proposed subsections, a copy of which are attached hereto as Exhibit A, and Exhibit B, be considered for drafting by the Township Council, the final copy of the result of such consideration which shall be transmitted to the Planning Board for the Board to determine, pursuant to N.J.S.A. 40:55D-26a, whether the proposed new subsections are substantially