04082026 Ord 2955 26 Master Plan Consistency Review

1 TO: Township of West Orange Planning Board CC: Genice Gary-Adams, Director of Planning and Development/Zoning Official Jamilet Baquerizo Vite, Planning Board Secretary FROM: Malvika Apte, PP, AICP, Planning Board Planner RE: Ord# 2955-26- Master Plan Consistency Review DATE: April 8, 2026 ____________________________________________________________________________________ 1. Purpose of the memo: The purpose of this memo is to provide a review of the Master Plan implications of proposed Ordinance 2955-24, that has now been referred to the Planning Board for a Master Plan Consistency Review. 2. Statutory Basis for Master Plan Consistency Review: Under the Municipal Land Use Law ('MLUL') (N.J.S.A. 40:55D-l .1 et seq.) and more specifically (NJSA 40:55D-62), municipal jurisdiction to adopt municipal land use regulations (i.e., ordinances) rests with the Township Council. Under N.J.S.A. 40:55D-64, prior to the Council's adoption ('Second Reading') of a land use ordinance, including an amendment of an existing ordinance, the Council must refer the proposed ordinance to the Planning Board for its review. The purpose of that Planning Board review is for the Planning Board to evaluate whether the proposed ordinance is consistent with the municipal Master Plan. This process is commonly known as a Master Plan "consistency review'. Upon receipt of the referral from the Township Council, the Planning Board "shall make and transmit to the governing body, within 35 days after referral, a report including identification any provisions in the proposed development regulation, revision, or amendment which are inconsistent with the master plan and recommendations concerning these inconsistencies and any other matters as the Board deems appropriate." (NJSA 40:55D-26).