Township Council Meeting — Packet

e. No permit to use or open any street, except for emergency work, shall be issued to any person within a ten-year period after the completion of the construction of a capital project relating to such street requiring resurfacing or reconstruction unless such person demonstrates that the need for the work could not have reasonably been anticipated prior to or during such construction. Notwithstanding the foregoing provisions, the Municipal Engineer may authorize the issuance of a permit to open a street within such ten-year period upon a finding of necessity therefore. 11

Township of West Orange, NJ b. Conditions. Permittees shall be responsible to contact the Department of Engineering for Municipal Engineer to determine whether a street is scheduled to be rebuilt under a street reconstruction project. c. Application. 1. Permittees shall include on the application the justification for any street opening activities on protected streets. 2. The permittee shall attach the "Protected Street Opening Permit Application attachment" to the Street Opening permit application prior to obtaining the permit. d. No backfill of any opening or excavation on a protected street shall be performed unless the permittee notifies the Department of Engineering at least 48 hours prior to the scheduled start time for the backfill. In no case shall the permittee commence the backfill prior to the scheduled start time. For the HMA base and surface course, the permittee shall fax/email its daily paving schedule to the Department of Engineering prior to commencing work. In addition, during the backfill and compaction phase of the work, permittees must provide, on site, a certified compaction tester from an approved laboratory or a licensed certified tester to test that the compaction of the backfills is in accordance with the Department of Engineering’s rules and specifications. Upon completion of temporary restoration measures, a thirty-day settlement period shall be observed. Upon completion of the settlement period, final (permanent) restorations shall be completed within 10 working days, or as directed by the Department of Engineering should the final restoration period fall within the winter season. e. The Department of Engineering may inspect any phase of the work, including but not limited to initial excavation, backfill and compaction, performance of required cut backs, and final restoration. f. A certification issued by a New Jersey licensed professional engineer shall be provided to the Municipal Engineer within 30 days of completion of work on protected streets. The certification shall state that the type of work performed was as described in the permit application, and that all phases of the restoration were performed in accordance with the Township rules and specifications. g. Permittees shall be responsible for the proper repair of the street opening or excavation for a period of three years from the date of completion or for the

h the Township rules and specifications. g. Permittees shall be responsible for the proper repair of the street opening or excavation for a period of three years from the date of completion or for the duration of the protected street guarantee period, whichever is longer. h. Where street openings cannot be confined to within four feet of the curb line, including the required cut back, and/or within the sidewalk area, full curb to curb roadway restoration 12

Township of West Orange, NJ shall be required where protected street status has been in effect for 48 months or less, unless otherwise directed by the Municipal Engineer. i. In the event a permanent restoration pavement installed in violation of the provisions of paragraph 1 of this paragraph d settles more than two inches below the surrounding existing surface during the life of such permanent restoration, this shall be deemed a failure of the backfill compaction, in which case, the permittee shall remove all of the failed backfill, down to the subsurface facility, and install new, properly compacted backfill and the final finish should be infrared for a smooth trench. j. In those circumstances where a non-emergency linear opening or excavation is performed on a street where protected streets status has been in effect for a period of ten years or less, then the permittee shall be required to perform full curb to curb roadway restoration on the protected street, plus curb-to-curb repaving of another street in the area, as designated by the Municipal Engineer with the consent of the Mayor and Council. The length of the repaving of the additional street shall be substantially equivalent (as determined by the Municipal Engineer) to the length of the restoration of the protected street that was opened/excavated within this ten -year period. § 20-1.9 Violations and Penalties Any person who shall violate any of the provisions of this ordinance, or take part in or assist in any violation, or who shall violate or fail to comply with any order or regulation made under the provisions of this ordinance, or shall make any excavation or store any material within the line of any municipally controlled road or street in the Township of West Orange, except as allowed by permit under the provisions of this ordinance, shall severally for each and every such violation or noncompliance, respectively, not otherwise provided for, be liable to the maximum penalty as per N.J.S.A. 40:49-5 as follows:    The Township Council may prescribe penalties for the violation of ordinances it may have authority to pass, by one or more of the following: imprisonment in the county jail or in any place provided by the municipality for the detention of prisoners, for any term not exceeding 90 days; or by a fine not exceeding $2,000; or by a period of community service not exceeding 90

or in any place provided by the municipality for the detention of prisoners, for any term not exceeding 90 days; or by a fine not exceeding $2,000; or by a period of community service not exceeding 90 days. The Township Council may prescribe that for the violation of any particular ordinance at least a minimum penalty shall be imposed which shall consist of a fine which may be fixed at an amount not exceeding $100. The Township Council may prescribe that for the violation of any particular ordinance at least a minimum penalty shall be imposed which shall consist of a fine which may be fixed at an amount not exceeding $100. Should any person, firm, or corporation in violating any of the provisions of this ordinance, after notice of such violation, continue such violation, each 24 hours that the same shall be continued shall be construed to constitute a separate and distinct violation. Any person, firm, or corporation who is convicted of violating the ordinance within one year of the date of a previous violation of this ordinance and who was fined for the previous violation, shall be 13

sentenced to an additional fine as a repeat offender. The additional fine as imposed upon a person, firm, or corporation for repeated offense shall not be less than the minimum or exceed the maximum fine imposed for a violation of the ordinance, but shall be calculated separately from the fine imposed for the initial conviction of violating the ordinance. Any person, firm, or corporation convicted of the violation of any provision of this ordinance may, in the discretion of the Court by which he was convicted, and in default of the payment of any fine imposed therefore, be imprisoned by the County jail or place of detention provided by the Township, for any term not exceeding 90 days, or be required to perform community service for a period not exceeding 90 days. III. 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. IV. 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. V. EFFECTIVE DATE This Ordinance shall take effect upon final passage and publication in accordance with the law. Karen J. Carnevale, R.M.C. Municipal Clerk Susan McCartney Mayor Joseph Krakoviak Council President Introduced: May 6, 2025 Adopted: May 20, 2025 2924-25 14

2924-25 LEGISLATIVE HISTORY This Ordinance amends and supplements Chapter 20 Streets and Sidewalks to supplement permit procedures and general specifications for contractors to excavate streets and sidewalks in the Township. It also outlines the requirement for applicants and contractors to provide a Public Works Contractor Registration Certificate issued by the New Jersey Department of Labor and Workforce Development at the time of applying for a road opening permit. Also, additional application procedures and requirements were added to Section 20.1C to supplement the ordinance. 15

765-25 May 20, 2025 RESOLUTION WHEREAS, unless otherwise noted herein, the holders of alcoholic beverage licenses from the Township of West Orange set forth on Exhibit A attached hereto and made part hereof, have made applications to this Township of West Orange ABC Board to renew said licenses for the 2025-2026 license term; and WHEREAS, said licenses have paid all license renewal fees and submitted the appropriate application to renew; and WHEREAS, a public hearing was held before the Township of West Orange ABC Board on May 20, 2025 and no one appeared in opposition to any license renewal; and NOW, THEREFORE, BE IT RESOLVED that the Township of West Orange ABC Board wishes to renew the following alcoholic beverage licenses set forth for the 2025-2026 license term: 0722-33-003-003 Dillon Liquors, Inc. t/a Dillon’s 0722-33-007-001 Crestmont Country Club, Inc. 0722-33-008-007 Panorama, LLC t/a Chit Chat Diner 0722-33-013-003 Castle Rock Bar & Grill, LLC t/a Castle Rock Bar & Grill 0722-33-015-001 Essex County Country Club 0722-33-017-005 S.V. Holdings, Inc. t/a Fortissimo 0722-33-028-005 Hook & Reel West Orange, Inc. t/a Hook & Reel Cajun Seafood Rest. & Bar 0722-33-041-001 Montclair Golf Club 0722-33-057-010 AMAC t/a La Primavera Trattoria 0722-33-060-009 Wilshire Hospitality Services II, LLC t/a Wilshire Grand Hotel 0722-44-011-008 Central Liquors, LLC 0722-44-023-003 Brink Liquors, Inc. t/a Brink Wines & Liquor 0722-44-030-005 Eagle Rock Liquor, Inc. t/a Quick Shop Liquors 0722-44-033-006 Valley Warehouse, Inc. t/a Lucky 7 Wine & Liquors 0722-44-034-008 West Orange News, Inc. t/a Pleasant Valley Foods & Spirits 0722-44-036-011 West Orange Wine & Liquor, Inc. t/a B&B Liquor 0722-44-054-009 Y&R Enterprises, LLC t/a St. Cloud Wine & Liquor 0722-44-056-008 Mt. Everest Corp. t/a/ Tony Corner Liquors 0722-44-062-006 Priya Enterprise, LLC t/a Valley Liquors KAREN J. CARNEVALE, RMC ABC Board Secretary Adopted: May 20, 2025 Effective: May 20, 2025 JOE KRAKOVIAK Council President/ABC Board Member

766-25 May 20, 2025 RESOLUTION TOWNSHIP OF WEST ORANGE, ESSEX COUNTY, NEW JERSEY WEST ORANGE ABC BOARD WHEREAS, the Township Council of the Township of West Orange serves as the Township of West Orange Board of Alcoholic Beverage Control; and WHEREAS, an application has been filed by AMC Entertainment International, Inc., t/a AMC Theaters Essex Green 9, at 495 Prospect Avenue, West Orange, New Jersey, for renewal of its Plenary Retail Consumption License # 0722-33-066-009, for the period July 1, 2025 through June 30, 2026, the Application submitted to the Township Clerk and in compliance with New Jersey State Laws regulating the sale, consumption, and distribution of alcoholic beverages; and WHEREAS, at its regular meeting on June 29, 2010, the Township Council, sitting as the Township ABC Board, approved the person to person and place to place transfer of License No. 072233-066-009, from SHO, Inc., to AMC Entertainment International, Inc., t/a AMC Theaters Essex Green 9, at 495 Prospect Avenue, West Orange, New Jersey, subject to the following special conditions: 1. All current security and off-duty police officers shall continue in accordance with past practice and resolutions (i.e., two (2) officers on Friday, Saturday and Sunday nights); 2. The business will not establish a policy whereby people under eighteen (18) years old must be accompanied by a parent or guardian in order to be on the premises unless such condition is affirmatively removed by the Township ABC Board; and 3. To the extent that the Licensee wishes to remove Condition No. 2, they may seek such relief before the Township ABC Board and in the event the Township ABC Board refuses to remove such condition, the Licensee fully preserves all of its rights, remedies and defenses including the right to appeal to the Director of Alcoholic Beverage Control for the State of New Jersey or such other entity or authority as may have jurisdiction; and WHEREAS, after the aforesaid approval memorialized in ABC Resolution #443-10, the Licensee, AMC Entertainment International, Inc., t/a AMC Theaters Essex Green 9, expressed the strong desire to limit the admission of minors under the age of eighteen (18) years to those accompanied by a parent or guardian, citing the risks inherent in a darkened movie theater environment combined with the presence of alcoholic beverages on the premises, the New

en (18) years to those accompanied by a parent or guardian, citing the risks inherent in a darkened movie theater environment combined with the presence of alcoholic beverages on the premises, the New Jersey tradition and practice of very strict regulation of ABC Licensees, and expressing the Licensee’s firm wish and intent to comply with and foster the strict enforcement of the ABC statutes and regulations both to protect its own considerable investment in the Licensed premises, in its dine-in theater business plan, and to fulfill the underlying rationale for ABC regulations, the protection of the public health and safety; and WHEREAS, the ABC Board acknowledged and appreciated all of those concerns and considerations, as well as the benefits to the local economy of the Licensee’s investment and successful operation, and agreed to remove the earlier imposed special condition no. 2, in ABC Board Resolution 443-10, and because removal of special condition no. 2 made special condition no. 3 superfluous, agreed to remove that condition as well; and