Township Council Meeting — Packet

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2955-26 AN ORDINANCE AMENDING CHAPTER 25, “LAND USE REGULATIONS,” SECTION 47.5, “ORGANIZATION,” OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF WEST ORANGE TO PERMIT SUCCESSIVE TERMS AS CHAIRPERSON AND VICE-CHAIRPERSON WHEREAS, The Mayor and Council of the Township of West Orange (the “Township”), have an interest in the efficient administration of government services; and WHEREAS, pursuant to N.J.S.A. 40:48-1, the governing body of a municipality may make, amend, repeal, and enforce such other ordinances, regulations, rules and by-laws not contrary to the laws of this State or Federal Government, as it may deem necessary and proper for the good of government, order and protection of person and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants, and as may be necessary to carry into effect the powers and duties conferred and imposed by this subtitle, or by any law; and WHEREAS, Section 25-47.5 of the Revised General Ordinances of the Township of West Orange (the “Township Code”) currently states that members of the Township of West Orange Zoning Board of Adjustment (the “Board”) may not serve successive terms as Chairperson and Vice-Chairperson; and WHEREAS, the positions of Chairperson and Vice-Chairperson require a working knowledge of Municipal Land Use Law and other complex rules and regulations; and WHEREAS, extensive experience, professionalism and familiarity with Board procedures, local residents and conditions and Township day-to-day operations are essential for Board Chairpersons and Vice-Chairpersons to lead an effective Zoning Board of Adjustment; and WHEREAS, the members of the Zoning Board of Adjustment and Township Council wish to eliminate this provision so as to allow successive terms of Board Chairpersons and ViceChairpersons. NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Township Council of the Township of West Orange, in the County of Essex, State of New Jersey, being the governing body thereof, that Section 47.5, “Organization,” of Chapter 25, “Land Use Regulations,” shall be amended as follows. Section 1. RECITALS. The foregoing whereas clauses are incorporated herein by reference and made a part hereof. Section 2. Chapter 25, “Land Use Regulations,” Section 47.5, “Organization,” shall be amended as follows.

§ 25-47.5 Organization 1. Section 25-47.5(a) of the Township Code is revised to reflect the following: a. The Zoning Board of Adjustment shall elect a Chairperson and Vice-Chairperson from its members. Each shall serve in such capacity for one year, dated from January 1 of the calendar year in which elected. Section 3. If any provision of this Ordinance or application thereof, under any circumstances, is held invalid, the invalidity shall not affect any other provisions or applications of this Ordinance that can be given effect without the invalid provision(s) or application(s) and to this end the provisions of this Ordinance are severable. All other Ordinances or parts of Ordinances inconsistent with this Ordinance are hereby repealed. Section 4. with law. This Ordinance shall take effect upon final passage and publication in accordance Susan McCartney, Mayor Susan Scarpa, Council President Karen J. Carnevale, R.M.C. Municipal Clerk INTRODUCED: March 10, 2026 ADOPTED: April 28, 2026

2955-26 TOWNSHIP OF WEST ORANGE 66 MAIN STREET, WEST ORANGE, N.J. 07052 Department of Planning and Development SUSAN McCARTNEY Tel: (973) 325-4111 Mayor Email: planningboard@westorange.org, JAMILET BAQUERIZO VITE Planning Board Secretary Dr. Robert Bagoff, Chairman Jerry Guarino, Vice-Chairman Mayor Susan McCartney Council President Susan Scarpa Ken Alper William B. Wilkes II Diana P. McGovern, Esq., Board Attorney Lee D. Klein, PE PTOE John J. Hess, PE, PP, Consulting Engineer Christopher Morgan, Sr Zayibeth Carballo, PE, Township Engineer Frank Noborine. Heyer, Gruel & Associates, Consulting Planners John Cardoza (Alternate #1) Matrix New World Engineering, Consulting Engineer Lori Kapferer (Alternate #2) Geniece Gary-Adams, Director of Planning and Development/Zoning Official Mayor and Township Council (SMccartney @westorange.org; Council@westorange.org) Municipal Building 66 Main Street West Orange, New Jersey 07052 RE: Proposed Amendment to Land Use Regulations, Section 25-47.5 (2955-26) Permitting Successive Terms and Chairperson and Vice-Chairperson of Zoning Board Dear Mayor McCartney, Council President Scarpa, and Council Members: Pursuant to N.J.S.A. 40:55D-64 and 40:55D-26, the Township of West Orange Planning Board (the “Board”) has evaluated the Proposed Ordinance Amending and Supplementing Chapter 25, Land Use Regulations, Section 25-47.5, permitting successive terms as chairperson and vice chairperson for the Zoning Board. (A copy is enclosed hereto.) After reviewing the proposed Ordinance and conferring with the Township’s Planner at the Board’s April 15, 2026, Regular Meeting, provides the following comments and conclusions. The Board notes that the Municipal Land Use Law at N.J.S.A. 40:55D-26a states: Prior to the adoption of a development regulation, revision, or amendment thereto, the planning board shall make and transmit to the governing body, within 35 days after referral, a report including identification of 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. The governing body, when considering the adoption of a development regulation, revision or amendment thereto, shall review the report of the planning board and may disapprove or change any

recommendation by a vote of a majority of its full authorized membership and shall record in its minutes the reasons for not following such recommendation. The current ordinance states: a. The Zoning Board of Adjustment shall elect a Chairperson and Vice-Chairperson from its members. Each shall serve in such capacity for one year, dated from January 1 of the calendar year in which elected. Members may not be clected to successive terms as Chairperson and Vice-Chairperson. The Township Council introduced the proposed ordinance (2955-26) at its March 10, 2026 meeting. The proposed amendment to the ordinance secks to climinate the restriction that members may to be elected to successive terms as Chairperson and Vice-Chairperson. The Board finds that the proposed amendment is consistent with the Master Plan. The Board also recommends that the current ordinance pertaining to the Planning Board §25-46.5, also be amended to eliminate the limitation on successive terms of the Planning Board Chairperson and Vice-Chairperson. Specifically, §25-46.5 states: a. The Planning Board shall elect a Chairperson and Vice-Chairperson from the members of Clas IV, each to serve in such capacity for one year dating from January 1 of the calendar ycar in which elected. Individual Class IV members may not be elected to successive terms as Chairperson and Vice-Chairperson. It is the Board’s opinion that the above recommended change to the current ordinance pertaining to the Planning Board Chairperson and Vice-Chairperson terms is consistent with the Master Plan and also should be consistent with the ordinance pertaining to the Zoning Board of Adjustment. Very truly yours, Dr. Robi Chai cc:

2970-26 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 7, TRAFFIC, SUBSECTION 7-29.1, SPEED LIMITS IN GENERAL, OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF WEST ORANGE WHEREAS, The Township Council of the Township of West Orange (the “Township”), have an interest in the efficient administration of government services and protecting and advancing the public health and safety; and WHEREAS, pursuant to N.J.S.A. 40:48-1, the governing body of a municipality may make, amend, repeal, and enforce such other ordinances, regulations, rules and by-laws not contrary to the laws of this State or Federal Government, as it may deem necessary and proper for the good of government, order and protection of person and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants, and as may be necessary to carry into effect the powers and duties conferred and imposed by this subtitle, or by any law; and WHEREAS, the Township Council of the Township of West Orange, finds it in the interest of public safety to establish Speed Limits on Mount Pleasant Avenue (CR 660 and CR 577) of 25 miles per hour for the stretch of road between Prospect Avenue and Gregory Avenue, and 35 miles per hour for the stretch of road between Gregory Avenue and Main Street; and WHEREAS, pursuant to N.J.S.A.39:4-98(b) 1 & 2, the Township desires to amend Chapter 7, “Traffic,” Section 29.1, “Speed Limits in General,” of the Township Municipal Code to change the posted Speed Limit on Mount Pleasant Avenue (CR 660 and CR 577); and NOW THEREFORE, BE IT ORDAINED, by the Township Council of the Township of West Orange, in the County of Essex, State of New Jersey, as follows: Section 1. Recitals. The foregoing whereas clauses are incorporated herein by reference and made a part hereof. Section 2. Subsection 7-29.1, “ Speed Limits in General,” of the Revised General Ordinances of the Township of West Orange is hereby supplemented and amended as follows: Note: Additions are shown in bold and underline and deletions are shown as strikethrough. Name of Street Direction Mount Pleasant Avenue Both Speed Limit 25 mph Location From Prospect Avenue to Jones Place

Mount Pleasant Avenue (CR 577) Both 25 mph From Prospect Avenue to Gregory Avenue Mount Pleasant Avenue (CR 660) Both 35 mph From Gregory Avenue to Main Street Section 3. If any provision of this Ordinance or application thereof, under any circumstances, is held invalid, the invalidity shall not affect any other provisions or applications of this Ordinance that can be given effect without the invalid provision(s) or application(s) and to this end the provisions of this Ordinance are severable. All other Ordinances or parts of Ordinances inconsistent with this Ordinance are hereby repealed. Section 4. This Ordinance is subject to the consent, by Resolution, of the Essex County Commissioners, and shall take effect upon final passage and publication in accordance with the law. NOTICE NOTICE IS HEREBY GIVEN, that the above Ordinance was introduced and passed on first reading at the regular meeting of the Township Council of the Township of West Orange, County of Essex, State of New Jersey held in the Municipal Building on the 28th day of April, 2026, and the same came up for final passage at the regular meeting of the Township Council held on the 12th day of May, 2026, at which time, after persons interested were given the opportunity to be heard concerning said Ordinance, the same was passed and will be in full force and effect in the Township of West Orange after approval by the Mayor or in accordance with law. Susan McCartney, Mayor Susan Scarpa, Council President Karen J. Carnevale, R.M.C. Municipal Clerk Introduced: April 14, 2026 Adopted: April 28, 2026

2970-26 Legislative History The Ordinance, which amends the Traffic Regulations of the Township, establishes a Speed Limit of 25 miles per hour (mph) on Mount Pleasant Avenue, between Prospect Avenue and Gregory Avenue, and establishes a 35 miles per hour (mph) limit between Gregory Avenue and Main Street. These changes are implemented at the request of the Essex County Engineer prior to the installation of new speed limit signs. The Municipal Engineer, in conjunction with and having the support of the West Orange Chief of Police agreed upon the 35MPH limit from Gregory Avenue to Main Street based on the review of data on vehicular speeds and vehicular volumes along Mount Pleasant Avenue and crash data. The Municipal Engineer has determined that the criteria of the New Jersey Department of Transportation and N.J.S.A. 39:4-98(b) 1 & 2 were met to establish these Speed Limits.

2971-26 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 7, “TRAFFIC,” SECTION 32.2, “RESTRICTED PARKING ZONES,” OF THE MUNICIPAL CODE OF THE TOWNSHIP OF WEST ORANGE WHEREAS, The Mayor and Council of the Township of West Orange (the “Township”), have an interest in the efficient administration of government services; and WHEREAS, pursuant to N.J.S.A. 40:48-1, the governing body of a municipality may make, amend, repeal, and enforce such other ordinances, regulations, rules and by-laws not contrary to the laws of this State or Federal Government, as it may deem necessary and proper for the good of government, order and protection of person and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants, and as may be necessary to carry into effect the powers and duties conferred and imposed by this subtitle, or by any law; and WHEREAS, N.J.S.A. 39:4-197.7. authorizes the restricted parking zones for use by residents with disabilities; and WHEREAS, the Township desires to amend Chapter 7, “Traffic,” Section 32.2, “Restricted Parking Zones,” of the Township Municipal Code to add additional restricted zones for use by residents with disabilities and removing restricted zones no longer needed; and NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Township Council of the Township of West Orange, in the County of Essex, State of New Jersey, being the governing body thereof, that Section 32.2, “Restricted Parking Zones,” of Chapter 7 “Traffic,” shall be amended as follows. Section 1. RECITALS. The foregoing whereas clauses are incorporated herein by reference and made a part hereof. Section 2. Chapter 7, “Traffic,” Section 32.2, “Restricted Parking Zones,” is hereby amended to incorporate the following changes: Note: Additions are shown in bold and underline and deletions are shown as strikethrough. § 7-32.2 Restricted Parking Zones Residence Address No. of Spaces Location 8 McKinley Avenue 1 Beginning 280 feet west of the westerly curb line of Main Street, and extending 20 feet west. 30 Park Terrace 1 Beginning 443 feet west of the westerly curb line of Main Street, and extending 20 feet west.

9 Cross Street (2551-18) 1 Beginning 109 feet south of the southern curb line of Hazel Avenue, and extending 19 feet south. 111 Chestnut Street (2693-22) 1 Beginning 214 feet west of the point of the westerly curb line of Orange Place extended, and extending 22 feet west. Section 3. If any provision of this Ordinance or application thereof, under any circumstances, is held invalid, the invalidity shall not affect any other provisions or applications of this Ordinance that can be given effect without the invalid provision(s) or application(s) and to this end the provisions of this Ordinance are severable. All other Ordinances or parts of Ordinances inconsistent with this Ordinance are hereby repealed. Section 4. with law. This Ordinance shall take effect upon final passage and publication in accordance NOTICE NOTICE IS HEREBY GIVEN, that the above Ordinance was introduced and passed on first reading at the regular meeting of the Township Council of the Township of West Orange, County of Essex, State of New Jersey held in the Municipal Building on the 28th day of April, 2026, and the same came up for final passage at the regular meeting of the Township Council held on the 12th day of May, 2026, at which time, after persons interested were given the opportunity to be heard concerning said Ordinance, the same was passed and will be in full force and effect in the Township of West Orange after approval by the Mayor or in accordance with law. Susan McCartney, Mayor Susan Scarpa, Council President Karen J. Carnevale, R.M.C. Municipal Clerk Introduced: April 14, 2026 Adopted: April 28, 2026