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Minutes · Sep 8, 2025

September 8, 2025

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f the premises that is open to the public for the purposes of section 5 of P.L,1999, ¢,90 (C.2C:33-27), Nothing in P.L.2024, ¢.95 (C.40:55D-164 et al.) shall be interpreted or construed as permitting ot mandating the opening, expansion, or resumption of unlimited operations of a restaurant that does not sell alcoholic beverages and the holder of a COVID-19 Expansion Permit issued by the Director of the Division of Alcoholic Beverage Control pursuant to the provisions of Special Ruling No. 2020-10 or a premises expansion permit issued pursuant to section 2 of P.L.2024, c.95 (C.40:55D-165) that is closed, whether permanently or temporarily, or operating subject to limitations on its operations, service, or hours, as a result of disciplinary or legal sanctions imposed by, or entering into a settlement agreement with, a court of the State of New Jersey, a municipal court, the New -Jersey--Department-of -Law--and. Public Safety,-the -New-Jersey—Division- of -Alcoholic--. .— Beverage Control, or a municipal governing body acting as a local alcoholic beverage control board, as applicable.

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Nothing in P.L.2024, ¢.95 (C.40:55D-164 et al.) permits the use of State-owned rights-of- way for the purposes of outdoor dining . A permit for the use of the State rights-of-way shall be issued upon application and approval of the New Jersey Department of Transportation. For the purposes of locally owned roads that intersect the State highway system, setbacks from the State right-of-way line will be 50 feet from April 1 to October 31, and 100 feet from November 1 to March 31. w. The installation and continuous use of tents, canopies, umbrellas, tables, chairs, and other fixtures on private property or public property or right of way designated by the Township pursuant to this Ordinance shall be permitted provided that the tent, canopy, umbrella, table, chairs, or other fixtures conforms to all applicable provisions of the State Uniform Construction Code and Uniform Fire Code, which have been adopted by the Commissioner of Community Affairs pursuant to N.JS.A, 52:27D-119 e¢ seg. and N.IS.A. 52:27D-192 et seq., respectively. REPEAL OF CONFLICTING ORDINANCES Any Ordinances of the Township which are in conflict with this Ordinance are hereby repealed to the extent of such conflict. Tl. SEVERABILITY Tfany part of this Ordinance shall be deemed invalid, such parts shall be severed and the invalidity thereof shall not affect the remaining parts of this Ordinance. Iv. EFFECTIVE DATE This Ordinance shall take effect upon final passage and publication in accordance with the law. The Council President stated that this is the scheduled time for the public hearing and asked the Clerk to read the ordinance by title only. The Council President asked if there was anyone who wished to be heard, ‘There was no one that wished to be heard and the public hearing on this Ordinance was closed. On motion made by Councilwoman Rudin and seconded by Councilwoman Casalino, the above referenced ordinance was adopted. Ali members present voting “Aye.” Ord. 2936-25 On. motion made by Councilwoman Casalino and seconded by Council President Krakoviak, An Ordinance Amending Chapter 15, Section 15-7 to Update the Township’s Rent Control Ordinance, was taken up on second and final reading. All members present voting “Aye.” "AN ORDINANCE AMENDING CHAPTER 15, SECTION 15-7 TO UPDATE THE TOWNSHIP’S RENT CONTROL ORDINANCE I. PURPOSE

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WHEREAS, the Township of West Orange has a rent control ordinance which has been. amended from time to time due to an ongoing and emergent need for regulation with respect to the leasing of premises and charging of rents to tenants; and. WHEREAS, from time to time the Township must consider whether the need for rent control in the Township persists; and WHEREAS, a housing shortage has existed in the Township since 1972 and has not abated; NOW, THEREFORE, BE IT ORDAINED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF WEST ORANGE, in the County of Essex and State of New Jersey, that Chapter 15 of the Township Code shall be and hereby is re-affirmed and re-adopted, and is hereby amended as follows: tL. AMENDMENTS 15-7 EFFECTIVE DATE; TERMINATION; RENEWAL. 15-7.1 Effective Date. This chapter is to take effect immediately and shall remain in full force and effect for a period not to exceed two (2) years from the effective date of October 17, 2024 and shall automatically terminate, cease and be of no force and effect unless specifically extended by the Township Council by ordinance extending the term for no more than two (2) years at a time, Any extension action shall be taken by the Township Council prior to the second anniversary date of this chapter and any subsequent extensions shall be taken prior to the respective second anniversary dates of this chapter thereafter, or any Ordinance re-adopting this chapter. (1972 Code § 17-6.1; Ord. No. 364-75 § 1) 15-7.2 Renewal. The Township Council has determined that the housing shortage which has existed in the Township has not abated. This chapter, therefore, is hereby extended for two (2) years from the effective date of this Ordinance. 15-7.3_ Retroactive Application. This chapter shall apply retroactively, in its entirety, for the time period from October 17, 2024 through the date of adoption. II. REPEAL OF CONFLICTING ORDINANCES Any Ordinances of the Township in conflict with this Ordinance are herby repealed to the extent of such conflict. TV. SEVERABILITY If any part of this Ordinance shall be deemed invalid, such parts shall be severed and the _ ~~ invalidity thereof shall not affect the remaining parts of this Ordinance. Vv. EFFECTIVE DATE 10

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This Ordinance shall take effect upon final passage and publication in accordance with the law, The Council President stated that this is the scheduled time for the public hearing and asked the Clerk to tread the ordinance by title only. The Council President asked if there was anyone who wished to be heard. There was no one that wished to be heard and the public hearing on this Ordinance was closed. On motion made by Councilwoman Casalino and. seconded by Councilwoman Scarpa, the above referenced ordinance was adopted. All members present voting “Aye.” Ordinance(s) on First Reading — None Pending Matters/New Matters/Council Discussion An Ordinance Amending and Supplementing Ordinance 25-19 IH-1 (INCLUSIONARY HOUSING) DISTRICT by eliminating the exemption of environmental regulations of the West Orange Land Use Regulations Ordinance On motion made by Councilwoman Rudin and seconded by Councilwoman Scarpa, the Council voted to approve adding the above-mentioned ordinance to a future agenda for consideration. Councilwoman Rudin, Councilwoman Scarpa and Council President Krakoviak voting “Aye.” Councilwoman Casalino voting “Nay.” The motion carries, Proposed Ordinance amending Section 3-17.1 to no longer require the Council's motion and approval before submitting proposed Resolutions or Ordinances for preparation by the Town Attorney or his/her designee for a Council meeting agenda On motion made by Councilwoman Rudin and seconded by Councilwoman Scarpa, the Council voted to approve adding the above-mentioned ordinance to a future agenda for consideration. All members present voting “Aye.” A Proposed Ordinance Amending the West Orange Municipal Code Chapter 27-Tree Protection, Removal, and Replacement to Add Section on Mandatory Removal of Tree-of-Heaven (Ailanthus Altissima) Trees, an Invasive Species Wildly Considered Noxious Weed that Greatly Damages Its Ecosystem. On motion made by Councilwoman Rudin and seconded by Councilwoman Casalino, the Council voted to approve adding the above-mentioned ordinance to a future agenda for consideration, Al members peesent voting “Aye” a1

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At 11:43 p.m., on motion made by Council President Krakoviak and seconded by Councilwoman Rudin, the Public meeting was adjourned. All members present voting “Aye.” The Minutes of this meeting are on file in the Office of the Municipal Clerk. (Ah dd Nici [eCasalind/ I Mit Hee: President Pro Tempore ‘J-€arneyale, R.M.C. cipal Cl Adopted: September 30, 2025 12

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