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

2.01 Chairperson. The Chairperson shall preside at all meetings and hearings of the Board; shall decide all points of order and matters of procedure governing said meetings or hearings, and perform all the duties normally pertaining to his/her office and as required by law, ordinance, or these Rules of the Board. The Chairperson or his/her designee shall swear all witnesses giving testimony before the Board. 2.02 Vice-Chairperson. The Vice-Chairperson shall preside at all Board meetings and hearings in the absence of or disqualification of the Chairperson. 2.03 Secretary. The Secretary shall, under the direction of the Chairperson generally perform the secretarial work of the Board including, but not limited to the following: a. Attend all meetings of the Board, and shall have the care and custody of all records, documents, maps, plans and papers of the Board. b. Conduct all official correspondence, and shall notify the appropriate municipal employees of all meetings of the Board and when their attendance is desired. All official correspondence shall have the Chairperson's approval. c. Take roll call votes and note the yea or nay of each member as he/she votes and also note any abstentions and the reasons therefore. d. Arrange to make a tape recording as a record of the proceedings of each hearing of the Board in accordance with these Rules and keep minutes of the proceedings of each meeting (including work meetings) and hearings held by the Board and to enter therein, with other proceedings, such resolutions and orders as are adopted by the Board. As a substitute to tape recording, any other transcribing method may be used. e. Give all notices of meetings required to be given by the Open Public Meetings Act, the Municipal Land Use Law and any other applicable law or ordinance. £, Prior to each meeting, mail and/or email to each member, all information that is required for that meeting, including the agenda, reports, correspondence, minutes, resolutions, application, etc. g. Prior to each meeting, examine all papers and forms filed, including the list of property owners and proof of service, and determine whether proper notice was given, if needed, in accordance with the Municipal Land Use Law. 2.04 Administrative Officer. The municipal official designated by the Township to act as Administrative Officer shall generally perform the following duties

ccordance with the Municipal Land Use Law. 2.04 Administrative Officer. The municipal official designated by the Township to act as Administrative Officer shall generally perform the following duties for the Board: a. Attend all meetings of the Board. b. Certify to the Board the correctness of application as to form, content and completeness. Gs Conduct all official correspondence.

2.05 All Members. Any Board member or professional representing the Board shall disqualify him/herself from proceedings involving any application in which he/she has, either directly or indirectly, has any personal, financial or other disqualifying interest as such interest is defined under N.J.S.A. 40:55D-23 and N.J.S.A. 40:55D-23.1. A member may disqualify him/herself from hearing any matter on which he/she believes he/she cannot give an impartial decision based solely on the evidence. Such member shall disqualify him/herself as soon as it becomes evident that he/she cannot participate, but in no event shall such_member_ participate in the discussion prior to_a decision, Such disqualifying interest may include, but not be limited to, the following situations: a. When the person owns property located within 200 feet of the property affected by the action, whether or not such property is located in the Township of West Orange. b. Where the applicant is related within the third degree of consanguinity to the member by blood or is the husband or wife of any person so related. c. When the applicant or his/her attorney is the employer, employee, or partner of the Board person, or is a corporation in which the Board person is a shareholder or has other financial interest. d. When the Board person has any other personal or pecuniary interest in the proceeding. Any such disqualification or statement of interest shall be made on the record at the commencement of the hearing. When a Board member is in doubt concerning a potential conflict, advice of the Board's attorney should be sought before the hearing starts. In the event the Board attorney determines that a Board member has a conflict of interest, but the Board member disagrees and refuses to recuse himself, then the Board member may be disqualified from serving by a majority vote of the Board. 2.06 New Members. All members appointed to the Board shall make themselves available prior to the first scheduled meeting afier their appointment, to the Board Attorney and members of the Board designated by the Chairperson for a briefing session to cover: a. Review of West Orange Zoning Ordinance, Municipal Land Use Law, Chapter 291 and related documents, which will be provided to them. db. Board rules and procedures, which will be provided to them. c Board's responsibilities and limitations. d. Legal aspects

e Law, Chapter 291 and related documents, which will be provided to them. db. Board rules and procedures, which will be provided to them. c Board's responsibilities and limitations. d. Legal aspects of planning. e. Conflicts of interest. All new members shall also attend the training course as required by MLUL §23.3. ARTICLE III. MEETINGS. 3.01 Regular Meetings. The regular meetings of the Board shall be held on the first Wednesday of each month, at 7:30 p.m., at the Municipal 6427234

Building/Council Chambers, 66 Main Street, West Orange, provided there is a matter to be reviewed, unless such day shall fall on a holiday, in which case the meeting shall be on the next available date. Regular meetings may be changed for special reasons upon a vote of a majority of the Board and provided the proper notice required by law is given. The first regular meeting after January 1st of each year shall constitute the annual organizational meeting of the Board. Whenever there are no matters to be considered at any regular meeting, other than the organizational meeting, the Chairperson may dispense with such meeting by notifying each member of the Board at least 48 hours in advance of the time set for such meeting and by giving notice in accordance with the Open Public Meetings Act. 3.02 Special Meetings. A special hearing, devoted exclusively to the consideration of a specific application, may be requested by an applicant. Such a hearing shall only be scheduled at the discretion of the Board Chairperson or his/her designee: The fees for such a meeting, as set forth in the fee ordinances of the Township of West Orange, shall be paid by the applicant prior to the commencement of such a hearing. Such a hearing may exceed three (3) hours duration only upon the agreement and consensus of the Board. Fees for any agreed upon extended time of the meeting shall be paid promptly after such meeting. Evidence of such additional payments shall be placed in the docket file of the application. Special meetings may be called by the Chairperson, or in his/her absence, by the Vice-Chairperson, at any time, or upon the written request of two members, providing notice thereof be mailed or given to each Member of the Board at least seven (7) days prior thereto, and public notice given in accordance with the Open Public Meetings Act. a. 3.03 Quorum. A quorum for the conducting of business shall consist of at least five (5) Members. In the absence of a quorum, the members present shall adjourn the meeting and the hearing on any motion or petition to another date. In the event a full Board is not present at any hearing, the applicant may request an adjournment until a full Board is present, without the necessity of re-service of notices or public advertisement. However, the Chairperson shall make public announcement of the adjourned date of the new hearing. 3.04 Voting.

oard is present, without the necessity of re-service of notices or public advertisement. However, the Chairperson shall make public announcement of the adjourned date of the new hearing. 3.04 Voting. When voting on any matters, except on a motion for adjournment where is not present, the following number of votes is required, so long as a quorum is present: In all matters, other than those referred to in subparagraph b, below, any action may be authorized by a majority vote of the members present at the meeting. b. When voting on an application to permit a building or structure in the bed of any street, public drainage ways, flood control basin or public area reserved on an official map, at least a majority of the full-authorized membership of the Board must vote in favor of the relief sought.

é. Ifa motion to approve an application for development does not receive the number of required votes, as hereinbefore set forth, such failure shall be deemed an action denying the application. Unless a Board member is disqualified from hearing and/or voting on a specific motion, every member shall be expected to cast a yea or nay vote on any motion before the Board. If any member of the Board feels constrained to abstain from casting a vote, the reason for such abstention shall be clearly set forth on the record and the Secretary shall note in the minutes the reasons given for such abstention. No member who participates in the hearing of a case may abstain. 3.05 Absent Members. When any hearing before the Board shall carry over One or more meetings, a member of the Board who was absent for one or more of the meetings, shall be eligible to vote on the matter upon which the hearing is conducted, notwithstanding his absence, provided that said Board member certifies, in writing, to the Board, that he/she has read the transcript or listened to a recording of the meeting for which he/she was absent. This rule shall not be construed as authorizing any hearing to be held whenever less than a quorum of the Board is present. 3.06 Order of Business. The order of business of all regular meetings of the Board shall be, subject to the Chairpersons discretion to modify, as follows: Call to order. Roll call. Statement of compliance with Open Public Meetings Act. Approval of minutes of prior meeting. Memorialization of resolutions. Motions for adjournments of any scheduled cases and any other motions. Unfinished or adjourned hearings. Hearing of new cases.* Action on any other business. Correspondence and reports. Adjournment. AT rw mea TS * No application shall be begin after 10:30 p.m., unless this rule is waived by the Board. 3.07 Open Meetings. All meetings, hearings and any action by the Board, except executive sessions pursuant to statute, shall be open to the public. 3.08 Incomplete Hearings. All incomplete hearings may be adjourned until a future date as is determined by the Board, without the necessity of re-service of notice. However, the Chairperson shall make a public announcement of the adjourned date of the next hearing. 6427234

3.09 Sub-committees, The Board may establish Committees, which will report to the Board on all matters directed to them for review. Such Committees may include, but not be limited to, a Subdivision Committee and a Master Plan Advisory Review Committee. All committees established pursuant to this section shall meet on a monthly basis if they have applications or matters to consider. Such Committees shall review all applications referred to them and make recommendations to the applicant and/or to the entire Board for further action. Members of such Committees shall serve for one year terms and be selected on an annual basis by the Chairperson at the reorganization meeting of the Board. Members of such Committees shall be chosen from among the Board's members and/or the Board's professional advisers or staff. Since minor subdivision applications and applications that fall under Ordinance #991-89 are exempted from the requirements of notice, as required by N.J.S. 40:55D-12, the Subdivision Committee, based on its review of the application, shall make its report to the Planning Board. If there are no questions from the Board, the Planning Board shall act on the findings of the Committee. If there are any questions, the Planning Board shall address the issues and vote on the matter. ARTICLE IV. BOARD PROCEDURES/PRE-HEARING PROCEDURES 4.01 Filing. An application for subdivision approval, site plan review, conditional use approval or any other relief over which the Planning Board has jurisdiction, shall be commenced by filing an original and 19 copies of an application, filed in accordance with the "Instructions of the Planning Board" and complying with all checklist requirements. 4.02 Filing Requirements. The applicant shall file his/her application in accordance with the Land Use Regulations of the Township of West Orange and in accordance with the checklist requirements of the ordinance. The failure of the applicant to follow the "instructions" and the checklist requirements of the appropriate ordinance will result in the application being deemed incomplete and. will delay the hearing of the same. All statutory time periods for action by the Planning Board commence to run only upon the filing of a complete application as required by the appropriate ordinances. Application forms shall be provided by the Board designee and shall be completely filled in, and

mmence to run only upon the filing of a complete application as required by the appropriate ordinances. Application forms shall be provided by the Board designee and shall be completely filled in, and shall supply any and all other information and data that may be required for the relief sought by the applicant. A checklist of required submissions shall be furnished to each applicant. All applications shall be filed on the forms provided by the Board. 4.03 Removed. 4.04 Assignment of Docket Numbers; Complete and Incomplete Applications. Upon receipt of an application by the Board secretary, the application shall be assigned a docket number, which shall, thereafter, appear on all subsequent papers filed in the case. The original copy of the application shall

be filed in the permanent case docket of the Board. The Secretary and Board Professional staff shall then review the application for its completeness, in accordance with the definition of a "complete application" as contained in N.J.S. 40:55D-3. In the event the application is found to be incomplete, the applicant shall be notified within 45 days of the filing of such application. Such notification shall be in writing and shall set forth the reasons that the application has been found o be incomplete. Upon failure to notify the applicant, in writing, that his/her application is incomplete, within the 45-day period, the applications shall be deemed complete. If the application is found to be complete, the Board secretary shall immediately issue a certificate to the developer that the application is complete, and the application shall be determined to be complete as of the day it was certified, for the purposes of commencement of time periods for action by the Board. If the application includes any requests for waivers, the certification of completeness shall be considered conditioned upon the Board's grant of the requested waiver. Should the Board deny the request for waiver, the application shall be considered incomplete as of the date of filing. 4.05 Assignment of Hearing Date; Notice. As soon as any application is deemed complete by the administrative officer in accordance with the appropriate ordinances, these rules and the Board's "Instructions," the case shall be assigned a hearing date, with public notice, if required, in accordance with N.J.S.A. 40:55D-12, and the applicant shall be notified as set forth in paragraph 3 of the Board's "Instructions." a. Where a municipal official has furnished, for a fee, applicant with a list of the property owners entitled to notice pursuant to the provisions of N.J.S.A. 40:55D-12(c), a copy of the official certification and list shall be annexed to applicant's proof of service. b. The service and publication of notices as hereinabove provided is a jurisdictional requirement, and proof of the service and publication of all required notices in accordance with these rules shall be made by affidavit of the person or persons who actually served or mailed said notices as required by law, and by the authorized official of the newspaper which published same. Such affidavit shall be submitted prior to or at the