Revision of Planning Board Rules and Regulations (Adopted and Signed)

Resolution Township of West Orange Planning Board Decided on May 5, 2021 Memorialized on June 2, 2021 Revision of Planning Board Rules and Regulations WHEREAS, the Township of West Orange Planning Board (the “Board”) has determined that amending its Rules and Regulations in the following manner would be beneficial to the Board, the Township, Applicants, and the General Public; and WHEREAS, a publicly noticed hearing was conducted on May 5, 2021; and WHEREAS, the Board reviewed and considered the following proposed suggested “Pro- Forma” Conditions of Development Application approval: 1. The Applicant shall comply with all applicable Township, County, State and Federal laws, ordinances, regulations and directives, including without limitation, obtaining all applicable local, state and federal approvals and/or permits. Without limitation of the foregoing, prior to the signing of the approved site plans, and prior to the commencement of any larid disturbance or construction, the Applicant shall submit to this Board, with a copy to the Board Engineer, proof that it has obtained all required governmental approvals. 2. If another governmental entity or agency grants a waiver or variance affecting the plans and/or exhibits submitted by the Applicant, this approval or the conditions attached to it, then the Applicant shall re-apply to this Board respecting the same and this Board shall have the right to view that issue as it relates to this approval and these conditions and modify and amend same, if appropriate. 3. In the event that any other required regulatory approval conflicts with the terms and conditions hereof, or materially alters the same, or the terms and conditions hereof are materially altered by any change in applicable law or regulation other than those municipal regulations for which change is prohibited by the Municipal Land Use Law (MLUL), or in the event Applicant or its successors or assigns construct or attempt to construct any improvement in conflict with or in violation of the terms of this approval, the Board hereby reserves the right to withdraw, amend or supplant the instant approval. 4. All construction, use and development of the property shall be in conformance with the plans approved herein, all representations of the Applicant and its witnesses during the public hearing, all exhibits introduced by the Applicant, and all terms and

ty shall be in conformance with the plans approved herein, all representations of the Applicant and its witnesses during the public hearing, all exhibits introduced by the Applicant, and all terms and conditions of this resolution. 5. The Applicant shall pay all outstanding taxes, tax liens, application fees and technical review fees, as well as any inspection fees that may be required hereunder. The Applicant shall pay any additional fees or escrow deposits which may be due and owing within thirty (30) days of notification or this approval shall be deemed withdrawn. 6. All notes included in the approved plans, including notes required by this Resolution, shall be deemed conditions of approval having the same force and effect as conditions expressly set forth in this Resolution. 7. All conditions of approval shall be listed on the final site plan; and WHEREAS, the Board’s professionals had a chance to review and approve of the above mentioned proposed pro-forma conditions; and WHEREAS, Members of the Board were given an opportunity to review the proposed conditions and to discuss them at the public meeting; and

NOW THEREFORE, the Board makes the following findings of fact, based upon the evidence presented at the public hearing, at which a record was made. i, The proposed pro-forma suggested conditions would be applicable to the extent that they do not conflict with the New Jersey Municipal Land Use Law (MLUL) or any other applicable laws. 2. The Board’s Rules and Regulations will be amended to include the proposed pro- forma conditions as suggested conditions that the Applicant will be invited to stipulate to either prior to or during the public hearing on the application. 3. None of these conditions are to be considered a waiver of any already applicable laws or regulations applicable to land use applications to the Board. 4. Many of the proposed suggested conditions are already applicable. NOW THEREFORE be it resolved by the Planning Board of the Township of West Orange: 1. The Board’s Rules and Regulations shall be amended by the Board’s Secretary to reflect the changes made and highlighted in Exhibit A starting on page 4 of this document. IN WITNESS WHEREOF, the Board has caused this Resolution to be executed by its Secretary on the 2N> OF June 2021. 4 x ( f AMA Ayn i tl) Lh r Diana L. Chandfer, Acting Secretary

Vote on Action Taken by the Board on May 5, 2021: BOARD MEMBER MOTION SECOND AYE NAY ABSTAIN ABSENT Bagoff (Ch.) Guarino Johnson Trenk Smeraldo Klein McCartney McNair Wilkes (V.Ch) Vote on Memorialization on June 2, 2021: BOARD MEMBER MOTION SECOND AYE NAY ABSTAIN ABSENT Bagoff (Ch.) Guarino Johnson Trenk Smeraldo Klein McCartney MeNair |x [>< |x Wilkes (V.Ch) Page 3 of 21

EXHIBIT A

RULES OF PROCEDURES OF THE PLANNING BOARD OF THE TOWNSHIP OF WEST ORANGE, NEW JERSEY Revised August 29, 2005 Revised October 6, 2005 Revised July 2, 2014 Revised March 2, 2016 Revised June 2, 2021 Set “i, Adopted June 2, 2021 = WEST Diana L. Chandler, Acting Secretary ORANGE Township of West Orange Planning Board 6427234

RULES AND PROCEDURES OF THE PLANNING BOARD OF THE TOWNSHIP OF WEST ORANGE Article I, Article II. Article I. Article IV. Article V. 6427234 Table of Contents The Annual Reorganization Meeting; Selection of Officers; Order of Voting. Description of the Duties of Board Officers and Personnel. Meetings. SO. Gores) Gy Oh cB G9! fo a Regular Meetings. Special Meetings. The Requirements of a Quorum. Voting. Absent Members. Order of Business. Open Meetings. Incomplete Hearings. Sub-committees. Board Procedures/Pre-Hearing Procedures. 1. The Filing of an Application. 2: Filing Requirements. 3. Removed. 4, Assignment of Docket Numbers; Complete and Applications. al Assignment of Hearing Date; Notice. 6. Meeting with Board Professionals. Ts Filing of Certification Re: Taxes and Assessments. 8. Notification of Board Attorney. 9. Exemptions. Hearing Procedures. re on Appearance by Parties. Dismissal Without Prejudice. Swearing of Persons Giving Testimony. Order of Presentation. Closing of Hearing; Continuances. Evidence. Burden of Proof. Reports from Officers, Boards or Agencies. Testimony from Board's Expert Witnesses. Policy on Use of Recording Devices. Incomplete

ll. Suggested “Pro-forma” Conditions of Approval to be Stipulated to by Applicant Article VI. = Communications. Article VII. Final Disposition of Cases. Article VIII. Removed. Article IX. | Amendments.

ARTICLE I. ARTICLE II. 6427234 THE ANNUAL REORGANIZATION MEETING; SELECTION OF OFFICERS; ORDER OF VOTING 1.01 Annual Meeting; Election of Officers. At the first meeting of the Planning Board during the month of January, the Board shall elect, from among its members, a Chairperson and Vice-Chairperson. These officers shall serve for the calendar year and until their successors have been duly elected. 1.02 Appointment of Secretary. At said first meeting, the Board shall also appoint a Secretary, who shall be an employee of the municipality who is familiar with Planning Board matters. Such secretary shall receive compensation for his/her services and shall serve for the calendar year and until a successor has been appointed. 1.03 Appointment of Board Attorney. At the first meeting, the Board shall also appoint a member of the New Jersey Bar who is familiar with zoning and planning matters as attorney for the Board and will pay such attorney a salary agreed upon between the Board, the Township Governing Body and such person. The attorney shall serve for the calendar year and until his/her successor has been appointed. 1.04 Appointment of Officers, Staff and Experts. The Board may also appoint such other officers and/or assistants and employ such experts or staff as it may deem necessary. Such experts and staff may include, but not be limited to, a professional engineer and planner. The Township shall appoint an administrative officer. 1.05 Appointment of Committee Members. At the first meeting, the Board shall select from among its members and professionals those persons who shall serve on the Committees of the Board as established under Article Three (3) section 3.9 of these Rules. A chairperson shall be appointed for each Committee of the Board. 1.06 Determination of Roll Call. The Board may also determine the order of roll call vote for the year either by random lot or by alphabetical order of last names, except for the Chairperson, who shall always vote last. 1.07 Meeting Dates. By no later than the first meeting in January, the Board shall also determine the day(s) of the month on which the regular meetings of the Board shall be held and which days of the month shall be set aside for agenda meetings and work sessions. The Board may also decide which day of the month shall be tentatively set aside for possible special meetings. DESCRIPTION OF THE

f the month shall be set aside for agenda meetings and work sessions. The Board may also decide which day of the month shall be tentatively set aside for possible special meetings. DESCRIPTION OF THE DUTIES OF BOARD OFFICERS, MEMBERS AND PERSONNEL.