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Supporting Documentation · Jan 16, 2025

12 12 24 PSEG West Orange BOA ZB 24 06 PSEG 35 Mt Pleasant Ave Full Size

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Indexed text · page 49

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Page 49 1 to the new tree ordinance by virtue of the Time of 2 Application Rule? 3 A. It's actually -- it's one of the few 4 exemptions in the ordinance that -- that exempts 5 utilities. 6 I would -- I would presume that you 7 fall under that. It's my understanding that you've 8 voluntarily -- Public Service has voluntary -- 9 voluntarily subjected itself to the ordinance. 10 Q. Right. 11 So you're actually getting into my next 12 question. There are actually two important 13 provisions within the tree ordinance, one is the one 14 that you just alluded to that I'll get into in a 15 minute, but the other one is a legal measure which 16 protects applicants who are applying who are deemed 17 complete from changes in zoning. 18 And that was specifically recognized in 19 the context of this application; however, PSE&G 20 voluntarily agreed to comply with the new tree 21 ordinance in an effort to further preserve trees. 22 So you do not have any knowledge of 23 that particular applicability of the Time of 24 Application Rule? 25 A. I was -- I was aware that -- that PSE&G

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