Township Council Meeting - Wednesday — Packet

Susan McCartney, Mayor Karen J. Carnevale, R.M.C. Susan Scarpa, Council President Municipal Clerk 3

2968-26 Legislative History The Township of West Orange (the “Township”) has received numerous complaints from residents in various neighborhoods throughout the Township regarding parties, events, and/or gatherings wherein the attendees of the events have purchased tickets or wristbands for entry into residential homes within the Township. The purpose of this Section is to provide recourse for the Township if such “pop-up” parties occur in the future and to put the public on notice that the same are prohibited as a health and safety concern for the general welfare of the public. 4

SUSAN McCARTNEY Mayor 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 Lee D. Klein, PE PTOE Christopher Morgan, Sr Frank Noborine. John Cardoza (Alternate #1) Lori Kapferer (Alternate #2) TOWNSHIP OF WEST ORANGE 66 MAIN STREET, WEST ORANGE, N.J. 07052 Department of Planning and Development Tel: (973) 325-4111 Email: planningboard@westorange.org Diana P. McGovern, Esq., Board Attorney John J. Hess, PE, PP, Consulting Engineer Zayibeth Carballo, PE, Township Engineer Heyer, Gruel & Associates, Consulting Planners Matrix New World Engineering, Consulting Engineer Geniece Gary-Adams, Director of Planning and Development/Zoning Official June 4, 2026 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, Ordinance 2968-26 Dear Mayor McCartney, Council President Scarpa and Council Members: Pursuant to N.J.S.A. 40:55D-64 and 40:55D-26a, the Township of West Orange Planning Board (the "Board") has evaluated the Proposed Ordinance Amending and Supplementing Chapter 25, Land Use Regulations, of the Revised General Ordinances of the Township of West Orange (a copy being enclosed hereto). After reviewing the proposed Ordinance amendment and conferring with the Township’s Planner at the Board’s June 3, 2026, Regular Meeting, the Board finds that the Ordinance as amended is consistent with the most recent Master Plan reexamination and plan element updates adopted in 2019. Specifically, the proposed revisions to

Mayor and Township Council Township of West Orange June 4, 2026 Page Two the ordinance provides the penalties and additional prohibited activities related to “pop-up” parties. The Board finds that the proposed ordinance is consistent with the Master Plan as one of the expressed objectives in the Township’s 2019 Master Plan Update states: While the goal of the Master Plan highlights mainly structural strategies for maintaining residential neighborhoods, such as the rehabilitation of dwellings, a critical component of improving and maintaining a strictly residential neighborhood involves managing the nature of activities which occur there. The Board finds that the proposed amendment is substantially consistent with the Township of West Orange’s Master Plan, as it provides for clearer enforcement of the ban on “pop-up parties,” which disrupt the general public welfare and the long-term character of the Township residential neighborhoods. Though the proposed ordinance amendment is consistent with the Master Plan, the Board has reservations as to the ordinance in terms of inconsistencies and ambiguities which may thwart the intended purpose of the ordinance. Specifically, the ordinance as written in paragraph c.2. states: Any person who rents or otherwise loans their property in the residential district of the Township.... This sentence is confusing as to there is no defined “residential district.” Is the purpose of the ordinance to prevent pop up parties in any residence (which would include multi-family buildings, mixed use buildings and residences that are non-conforming uses located in non- residential districts) or is the purpose to prevent pop-up parties anywhere in town?

Mayor and Township Council Township of West Orange June 4, 2026 Page Three The Board also questions the exemption language set forth in c.4. which states: Exemptions: Activities, gatherings, or other events that may constitute pop-up party under this subsection shall be exempted where the proceeds for the same shall be used for any bona fide charitable organization licensed in the State of New Jersey and/or for political contributions to any bona fide local, state, or federal campaign which has been properly registered with the appropriate authority. As there is no requirement to obtain a permit to host a charitable event or political campaign gathering, enforcement of this provision is illusory. For example, if a person hosting a pop-up party put out a collection jar for a charity or a politician and required each attendee to donate $1.00, the exemption would allow the party to continue under this ordinance. The Board also notes that the ordinance is vague as it does not establish the number of people that would constitute a “pop-up” party or the criteria that should be applied by those departments listed as having the power to enforce the ordinance before issuing a summons. The Board questions why the already existing ordinances in the Township as to noise, parking and selling alcohol and food are insufficient to accomplish the same purpose as appears to be the goal of the “pop-up” party ordinance. Though the proposed ordinance as amended is substantially consistent with the Master Plan, the Board suggests that the ordinance is significantly flawed and unnecessary and we urge the Council to engage the assistance of the Township Police Department, Township Health

Mayor and Township Council Township of West Orange June 5, 2026 Page Four Department, Township Zoning Official and Township Fire Department for input before adopting the ordinance or further amending it. Very truly yours, Dr. Rovert Bagoff, D(Y.D. Chair, Township of West Orar ge Planning Board cc: Diana Powell McGovern, Esq. (Via Email) Mark Semeraro, Esq. (Via Email) Karen Carnevale, R.M.C. (Via Email) Malvika Apte, AICP, PP (Via Email) f Gerald Guarino, Vice Chair of West Orange Planning Board (Via Email) Enclosur:

2973-26 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 5, GENERAL LICENSING, ARTICLE VII CANNABIS LICENSES, SUBSECTION § 5-34.8(a) OPERATING REQUIREMENTS AND PROHIBITIONS (PERMITTED OPERATING HOURS FOR LICENSED CANNABIS ENTITIES) OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF WEST ORANGE WHEREAS, the Governing Body of the Township of West Orange recognizes that residents want the ability to purchase cannabis until 10:00 pm, Monday through Sunday; 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, it is proper for the good of government and order to have the Township’s hours of operations for cannabis sales reflect the already existing regulations for hours of operations for alcohol sales. 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. Subsection 5-34.8(a) Operating Requirements and Prohibitions (Cannabis Licenses) of the Revised General Ordinances of the Township of West Orange is hereby supplemented and amended as follows: : (strikethrough denotes deletion, bold type denotes addition): a. A Licensed Cannabis Entity may only operate during the following hours: Monday through Sunday from 8:00 A.M. through 10:00 P.M. 7:00 P.M.; Mondays, Tuesdays, and Wednesdays from 8:00 A.M. through 8:00 P.M.; and Thursdays, Fridays, and Saturdays from 8:00 A.M. through 9:00 P.M. A Licensed Cannabis Cultivator and a Licensed Cannabis Manufacturer shall not be subject to these hours of operations, except that incoming or outgoing deliveries of any kind shall only occur between the hours of 8:00 A.M. through 8:00 P.M. Section 2. If any provisions of this Ordinance or application thereof, under any circumstances, is held invalid, the invalidity shall not affect

hours of 8:00 A.M. through 8:00 P.M. Section 2. If any provisions of this Ordinance or application thereof, under any circumstances, is held invalid, the invalidity shall not affect any of the provisions or applications of this Ordinance that can be given effect without the valid provision(s) or application and to this end, the provisions of the Ordinance are severable. Section 3. All other Ordinances or parts of Ordinances inconsistent with this Ordinance are hereby repealed.

Section 4. This Ordinance shall take effect upon final passage and publication in accordance with 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 27th day of May, 2026, and the same came up for final passage at the regular meeting of the Township Council held on the 24th day of June, 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: May 26, 2026 ADOPTED: June 24, 2026

2973-26 LEGISLATIVE HISTORY This Ordinance, which amends the Cannabis Licensing Regulations of the Township, amends the permitted hours of operations for Licensed Cannabis Entities, to permit Licensed Cannabis Entities to operate only between the hours of Monday through Sundays from 8:00 a.m. through 10:00 p.m. This action is in response to a request for operating hours to be extended in the evening, which would bring the Township’s Regulations into alignment with the regulations of other nearby suburban Essex County municipalities. This action also brings the Township’s Regulations into alignment with the Township’s regulations concerning hours of operations for licensed alcohol retailers. For the avoidance of any doubt, this action does not affect Licensed Cannabis Cultivators or Licensed Cannabis Manufacturers, who, in accordance with Subsection 5-34.8(a), are not subject to these hours of operations, except that incoming or outgoing deliveries of any kind to Licensed Cannabis Cultivators or Licensed Cannabis Manufacturers shall only occur between the hours of 8:00 A.M. through 8:00 P.M.