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

son 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 commencement of the hearing. Prior to the scheduled hearing of an application, the Board's engineer and planner, the Site Plan Review Advisory Board and any other municipal agency or official required to review the application shall submit a written report to the Board with a copy to the applicant setting forth the results of the review conducted and any recommendations regarding the application. Prior to the scheduled hearing of an application, Board members shall make every effort to visit the site involved in such application. Tf the Board's agenda is full and cannot hear the application in the statutory time requirement, the Secretary of the Board may ask the applicant to sign a Consent to Continuance Form. If the applicant refuses to sign the form, the Board may deny, without prejudice, the application. 6427234

4.06 Meeting of the Professionals. Any applicant may request that a meeting be scheduled between the Board's and the applicant's professionals or experts. The applicant shall pay the fee, as outlined in the fee ordinances of the Township of West Orange, for such a meeting prior to or at the commencement of the meeting. Proof of such payment shall be included in the application's docket file. 4.07 Proof of Payment of Taxes. The applicant at the time of filing the application for development, pursuant to the requirements of all applicable ordinances of the Township of West Orange, shall file with the Board an affidavit that taxes and water and sewer assessments are currently paid and up-to-date or an application for a municipal determination of the tax and water and sewer assessment status of the property along with an affidavit certifying that any delinquent taxes and/or water and sewer assessments shall be paid upon grant of approval by the Board and that such payment shall be made a condition of the final approval granted by the Board. a. The Board's approval shall be conditioned upon the payment of all delinquent taxes and/or water/sewer assessments and such condition shall be set forth in the Board's resolution of approval and shall require that the taxes and/or water/sewer assessments be paid prior to the issuance of a building permit. b. Upon payment of the taxes and/or water/sewer assessments as aforesaid, the action of the Planning Board shall become effective and final as of the date the map, plat and/or deed was signed. c. Failure to pay such taxes and/or water/sewer assessments as aforesaid shall be deemed a denial of said application. 4.08 Notification of Board Attorney. When a hearing date has been assigned, the Board's secretary shall forward a copy of every application to the Board's attorney. The secretary shall also give notice to the Board's attorney of the time set for the hearing on said application. 4.09 Exemptions. Informal concept plan review applications shall be exempt from the formal requirements of application submissions and Board hearings. At the request of an applicant and upon payment of the required fees for formal application, the Planning Board shall grant an informal review of a conceptual plan for development for which the applicant intends to prepare and submit an application for development. The fees paid for such a

n, the Planning Board shall grant an informal review of a conceptual plan for development for which the applicant intends to prepare and submit an application for development. The fees paid for such a review shall be credited toward the fees for review of the future proposed application. Neither party shall be bound by the results of such a review in that the applicant shall not be bound by the concept plan and the Board shall not be bound by its review. ARTICLE V. HEARING PROCEDURES 5.1 Appearance by Parties. At the time of the hearing on the application, the applicant, or any other party, shall appear in person; or such person

may be represented by an Attorney-At-Law admitted to practice in the State of New Jersey. Every corporation shall be represented by an Attorney-At-Law admitted to practice in the State of New Jersey. 5.2 Dismissal Without Prejudice. The Board, on its own motion, may dismiss any action, without prejudice, if neither the applicant, nor anyone on his/her behalf, appears at the time set for the hearing of said application. Further, the Board, on its own motion, may dismiss, without prejudice any application for failure to comply with the provisions of the appropriate ordinance, these rules or for failure to comply with the "Instructions of the Planning Board." Any applicant may, at any time before the commencement of the hearing, voluntarily withdraw his/her application; in which case, the application shall be dismissed without prejudice. 5.3 Swearing of Persons Giving Testimony. All persons giving testimony at the hearing shall be sworn by the chairperson, or his designee, before giving any testimony. 5.4 Order of Presentation. When a case is called by the chairperson, the following shall be the order of presentation: ALL TESTIMONY SHALL BE UNDER OATH a. The applicant shall present him/her, shall identify him/herself and be sworn. He/she shall then indicate the relief he/she is seeking from the Planning Board. If the applicant is represented by an attorney, the attorney shall identify him/herself and the office which he/she represents, identify his/her client and then proceed with his/her opening remarks. b. The applicant or his/her attorney shall then present his/her testimony and the testimony of his/her witnesses. He/she shall also submit such documentary evidence or exhibits upon which he/she intends to rely in order to establish his/her right to the relief sought in the application. c. Prior to opening the floor to the public, and at the end of the testimony of each witness in support of the applicant, the chairman shall allow the board members and other interested parties to ask questions of the witness having just testified and may permit reasonable cross-examination by an attorney representing an objector. d. Where a group of interested parties is represented by an attorney, the attorney shall present to the Board chairperson a list of the persons he/she represents, and such persons shall participate in the proceedings only through their

ies is represented by an attorney, the attorney shall present to the Board chairperson a list of the persons he/she represents, and such persons shall participate in the proceedings only through their attorney, except that such persons may address the Board during public comment. ce At the time the applicant has submitted all of his/her evidence in support of his/her application, the attorney for any objector may then put in his/her case in support of his/her client, calling any witnesses and introducing any documentary evidence upon which his/her client will rely in his/her objection to the appeal. Each witness shall be subject to reasonable cross- examination by the applicant or his/her attorney, and the chairperson shall allow any members of the public to ask questions relating to the testimony of such witnesses. f. After all of the evidence has been presented to the Board in support of or in opposition to the relief sought by the applicant, the chairperson shall then open the floor to the public subject 6427234

to the provisions of Rule 2:2-4(d), to allow any member of the public to make any statement relative to the application before the board. Such member of the public shall be first sworn after identifying him/herself and_shall_be subject to cross-examination by the applicant or if applicant is represented by an attorney, applicant's counsel, g. Rebuttal testimony or evidence shall then be admitted in such order as the chairperson shall designate. h. All witnesses may be cross-examined by any member of the Board, the Board attorney or any interested person. i Any member of the Board may place evidence before the Board as to any relevant matter of which he/she has personal or official knowledge, strictly for the purpose of amplifying the record, including facts ascertained from a viewing of the premises in question and the general area. j. The Board may also take the testimony of any expert witness employed by it and such expert shall be’subject to cross-examination by the applicant or applicant's attorney. 5.5 Closing of Hearing; Continuances. When the applicant and all interested persons have had an opportunity to be heard, the chairperson shall determine if the hearing shall be closed. The applicant, or any other interested person, may request from the Board a continuance of the hearing for the purpose of presenting further relevant evidence. The Board, acting in its sound discretion, may either grant or deny their request. In cases where the Board feels that testimony or other evidence should be received in the public interest from any municipal, county, or state official or from any other persons, in order to assist the Board in rendering a just decision, the Board may, on its own motion, continue the hearing to another day certain for such purposes. In the absence of any request to continue the hearing, the chairperson shall declare the hearing to be closed and, thereafter, no further evidence will be received in the action, unless the matter is re-opened in accordance with these rules. In considering a request to continue any hearing, the chairperson should consider the effect of the time limits for decisions. 5.6 Evidence. The formal rules of evidence are not enforced before Planning Boards. However, no decision shall be based upon any facts not proved or on matters which are not in the record, unless they be such items of which the Board is

idence are not enforced before Planning Boards. However, no decision shall be based upon any facts not proved or on matters which are not in the record, unless they be such items of which the Board is entitled to take judicial notice. When any documents or exhibits are admitted into evidence during a hearing, they shall be marked and shall be retained by the Board as part of the permanent file. After the Board has rendered its decision and the time for the filing of any appeal has expired, the Board's secretary may return any such exhibits or documents to the person who offered them upon his/her request. 5.7 Burden of Proof. The burden of proof is on the applicant, and it is the applicant's responsibility to supply competent and credible evidence in order that the Board might determine the nature and degree of the relief if any to be granted to the applicant. The applicant must establish, to the Board's satisfaction, that he/she is, pursuant to statutory provisions, entitled to the relief being sought. Further, the applicant must establish that the relief granted will not adversely affect 10

the zone plan and scheme nor be inconsistent with the purposes of the Zoning Ordinance, in cases where the applicant is seeking a variance or conditional use. 5.8 Reports From Officers, Boards or Agencies. The Board, on its own motion, may at any time, request a written report on any particular matter from any officer, board or agency in connection with the pending case; provided, however, that a copy of any such report shall be made available to the applicant, who shall, if he/she so requests, have an opportunity to question the maker of such report as to any fact or conclusion contained therein. The Board may also refer any application to any appropriate agency for its review and report provided, however, that the applicant shall be notified of such action and shall be informed of when such agency holds its meetings so that the applicant may arrange to be present, if he/she so desires. Should the Board request such a report or make such a referral, such action shall not extend the period of time within which the Planning Board shall act, unless the applicant consents to an extension of time. 5.9 Testimony From Board's Expert Witnesses. The Board may, on its own motion, arrange to take the testimony of any expert witness engaged by it. Any interested party may contact the appointed recording service to obtain a transcript of any proceedings, at their own expense. *5.10 Policy on the Use of Recording Devices. The recording of any meeting through the use of any recording devices including audio recorders, still or video cameras, and cellular devices with audio/photo/video capabilities is subject to approval of the Chairperson based upon the following restrictions: 1. No devices shall interfere with the meeting. 2) No devices shall interfere with the Board's normal recording or transcription mechanisms. 3: No devices shall block or interfere with any member of the Board or all attendees' ability to hear and see all testimony and exhibits or any evidence. Toward this goal, all devices shall be in the third row or further back in the audience. An exception will be granted for an applicant presenting their application and who has hired a stenographer. In this case he/she may be seated in the front row during testimony. 4. No devices shall be placed on any podium or on any other surface where the Board is or may deliberate. 3. The Township, all boards and

case he/she may be seated in the front row during testimony. 4. No devices shall be placed on any podium or on any other surface where the Board is or may deliberate. 3. The Township, all boards and all members thereof shall not be responsible for any damage or malfunction to the equipment or devices. 6. No device shall block any aisle or other method of egress. 7. No devices shall be left unattended at any time. 8. The operator of such device(s) shall not interfere with the meeting proceedings. 9. These recordings will not be considered as the official transcript of the meeting. * Adopted on October 5, 2005. 11 6427234

**5.11 Suggested “Pro-forma” Conditions of Approval to be Stipulated to by Applicant. 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 land 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 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