Township Council Meeting — Packet

LEGISLATIVE HISTORY There is no specific state legislation permitting rent control, but rather rent control is a permissible local economic regulation which must be tailored to address vital, emergent needs in a local housing market. Rent control ordinances are valid under the “necessary and proper” authority given to local governing bodies, as set forth in N.J.S.A. 40:48-2. See also Inganamort v. Borough of Fort Lee, 62 N.J. 521 (1973). The Township adopted a rent control ordinance (the “Ordinance”) in 1972 in order to regulate rents with respect to landlord-tenant relationships throughout the Township. The purpose of this particular legislation is to renew and re-adopt all applicable Code provisions of the Ordinance, with certain amendments. Because rent control legislation is intended to be emergent, such ordinances should be reviewed approximately every two (2) years to ensure their applicability and that they address any emerging issues. Accordingly, this legislation requires review of the Ordinance every two (2) years, rather than each and every year. Such action is valid under, among other things, N.J.S.A. 40:48-2. Furthermore, due to an unknown administrative oversight, the Township last adopted the Ordinance in 2022, which remained valid through October 2024. This legislation will make the Ordinance retroactive for the time period when it was not formally effective. This action is valid under the law as set forth in South Hamilton Associates v. Mayor and Council of the Town of Morristown, 99 N.J. 437 (1985) (“legislation that has as its rational public purpose the necessary protection of the health, safety, and welfare of the public, and is within the police power of the state or its subdivisions, may be applied retroactively”). 4815-5166-1766, v. 1

2937-2025 CALENDAR YEAR 2025 ORDINANCE TO EXCEED THE MUNICPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A: 4-45.14) WHEREAS, the Local Government Cap Law, N.J.S.A. 40A: 4-45.1 et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget to 2.5% a unless authorized by ordinance to increase it to 3.5% over the previous year's final appropriations, subject to certain exceptions; and, WHEREAS, N.J.S.A. 40A: 4-45.15a provides that a municipality may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 3.5% percentage rate as an exception to its final appropriations in either of the next two succeeding years; and, WHEREAS, the Township Council of the Township of West Orange in the County of Essex finds it advisable and necessary to increase its CY 2025 budget by up to 3.5% over the previous year's final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and, WHEREAS, the Township of West Orange hereby determines that a 3.5% increase in the budget for said year, amounting to $770,511.55 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and, WHEREAS, the Township of West Orange hereby determines that any amount authorized hereinabove that is not appropriated as part of the final budget, shall be retained as an exception to final appropriation in either of the next two succeeding years. NOW THEREFORE BE IT ORDAINED, by the Township Council of the Township of West Orange, in the County of Essex, a majority of the full authorized membership of this governing body affirmatively concurring, that, in the CY 2025 budget year, the final appropriations of the Township of West Orange shall, in accordance with this ordinance and N.J.S.A. 40A: 4-45.14, be increased by 3.5%, amounting to $2,696,790.41 and that the CY 2024 municipal budget for the Township of West Orange be approved and adopted in accordance with this ordinance; and, BE IT FURTHER ORDAINED, that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years; and, BE IT FURTHER ORDAINED, that a certified copy of this

appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years; and, BE IT FURTHER ORDAINED, that a certified copy of this ordinance as introduced be filed with the Director of the Division of Local Government Services within 5 days of introduction; and,

BE IT FURTHER ORDAINED, that a certified copy of this ordinance upon adoption, with the recorded vote included thereon, be filed with said Director within 5 days after such adoption. This ordinance shall take effect after its final passage and publication in accordance with the law. SUSAN MCCARTNEY, MAYOR JOE KRAKOVIAK COUNCIL PRESIDENT KAREN J. CARNEVALE, R.M.C. MUNICIPAL CLERK INTRODUCED: August 12, 2024 ADOPTED:

781-25 August 12, 2025 Resolution to Authorize the Extension of Pocket Liquor License No. 0722-33-037-007 ARA Kitchen Group, LLC, for the 2025-2026 License Term WHEREAS, the Governing Body of the Township of West Orange is the issuing authority for alcoholic beverage licenses within its jurisdiction; and WHEREAS, pursuant to N.J.S.A. 33:1-12.39 (P.L. 2023, c. 290), a Plenary Retail Consumption license that has not been actively used for two consecutive license terms will expire unless the municipality, in its discretion, renews the license for an additional year; and WHEREAS, Pocket License No. 0722-33-037-007, associated with ARA Kitchen Group, LLC, has been inactive since August 30, 2011; more than two consecutive license terms; and WHEREAS, the licensee, ARA Kitchen Group, LLC, has demonstrated a good faith effort to activate the license or transfer it within the additional one-year period; and WHEREAS, the Governing Body of the Township of West Orange finds that an extension for an additional year is warranted to provide the licensee with an opportunity to activate or transfer the license in accordance with the new law. NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Township of West Orange, that the pocket liquor license No. 0722-33-037-007, held by ARA Kitchen Group, LLC, be renewed for an additional one-year period for the 2025-2026 license term, subject to the conditions outlined in the new law. BE IT FURTHER RESOLVED that the Township Clerk is hereby authorized to issue the necessary renewal for the stated license period only. BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the Director of the Division of Alcoholic Beverage Control for their records and uploaded to the NJ Department of Alcoholic Beverage Control Commission POSSE Portal. KAREN J. CARNEVALE, RMC ABC Board Secretary Adopted: August 12, 2025 JOE KRAKOVIAK Council President/ABC Board Member

782-25 August 12, 2025 Resolution to Authorize the Extension of Pocket Liquor License No. 0722-33-063-005 Raghav Varma , for the 2025-2026 License Term WHEREAS, the Governing Body of the Township of West Orange is the issuing authority for alcoholic beverage licenses within its jurisdiction; and WHEREAS, pursuant to N.J.S.A. 33:1-12.39 (P.L. 2023, c. 290), a Plenary Retail Consumption license that has not been actively used for two consecutive license terms will expire unless the municipality, in its discretion, renews the license for an additional year; and WHEREAS, Pocket License No. 0722-33-063-005, associated with Raghav Varma, has been inactive since August 30, 2011; more than two consecutive license terms; and WHEREAS, the licensee, Raghav Varma, has demonstrated a good faith effort to activate the license or transfer it within the additional one-year period; and WHEREAS, the Governing Body of the Township of West Orange finds that an extension for an additional year is warranted to provide the licensee with an opportunity to activate or transfer the license in accordance with the new law. NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Township of West Orange, that the pocket liquor license No. 0722-33-063-005, held by Raghav Varma, be renewed for an additional one-year period for the 2025-2026 license term, subject to the conditions outlined in the new law. BE IT FURTHER RESOLVED that the Township Clerk is hereby authorized to issue the necessary renewal for the stated license period only. BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the Director of the Division of Alcoholic Beverage Control for their records and uploaded to the NJ Department of Alcoholic Beverage Control Commission POSSE Portal. KAREN J. CARNEVALE, RMC ABC Board Secretary Adopted: August 12, 2025 JOE KRAKOVIAK Council President/ABC Board Member