206-25 Resolution Authorizing Professional Services Agreement with Nishuane 4929-8265-3028 v.1.pdf

206-25 September 8, 2025 RESOLUTION AUTHORIZING PROFESSIONAL SERVICES AGREEMENT WITH THE NISHUANE GROUP FOR PLANNING AND ZONING CONSULTING SERVICES WHEREAS, N.J.S.A. 40:55D-24 empowers the planning board of a municipality to “employ, or contract for, and fix the compensation of … experts as it may deem necessary” and further provides that “the governing body shall make provision in its budget and appropriate funds for the expenses of the planning board”; and WHEREAS, West Orange Municipal Ordinance §25-46.6 provides that the Planning Board may employ or contract for the services of experts and other additional staff and services as the Board shall deem necessary and proper to aid in the performance of its duties, the Board’s expenditures for such staff and services shall not exceed the amount appropriated by the Council in the municipal budget; and WHEREAS, West Orange Municipal Ordinance §25-46.7 describes the powers and duties of the Planning Board, all of which require the input of advice and guidance from a professional planning expert, including planning advice on c variance applications associated with site plan and subdivision submissions (N.J.S.A. 40:55D-25), zoning ordinance amendments and new zoning ordinances promulgated by the Council to determine if such proposed ordinances are in compliance with the Master Plan (N.J.S.A. 55D-26), and review of capital projects (N.J.S.A. 55D-31) ; and WHEREAS, N.J.S.A. 40:55D-71 provides that the governing body shall make provisions in the budget and appropriate funds for the expenses of the board of adjustment which include experts that the board of adjustment shall deem necessary, not exceeding the amount appropriated by the governing body; and WHEREAS, West Orange Municipal Ordinance §25-47.7 describes the powers and duties of the Zoning Board of Adjustment which include applications for land use where expert planning testimony is necessary and indispensable to assist the board in their duties; and WHEREAS, the Planning Board and Zoning Board of Adjustment of the Township of West Orange have expressed by adopted resolutions the appointment of an expert planner, The Nishuane Group, as necessary experts to assist each of the respective boards in carrying out their duties required by both the MLUL and the Township of West Orange Municipal Ordinances; and WHEREAS, West Orange Municipal Code §25-55 provides that

each of the respective boards in carrying out their duties required by both the MLUL and the Township of West Orange Municipal Ordinances; and WHEREAS, West Orange Municipal Code §25-55 provides that the Planning Board and/or Zoning Board of Adjustment shall require fees and escrow deposits …and such funds shall be utilized to pay the cost of professional fees, including for engineering, legal, planning and/or traffic experts, concerning an application for development submitted by an applicant”; and