Township Council Meeting — Packet

d application for development shall be submitted and proceeded upon, as in the case of the original application for development. The planning board shall, if the proposed development complies with the ordinance and [this act] P.L.1975, ¢.291 (C.40:55D-1 et seq.), grant preliminary site plan approval. c. Upon the submission to the administrative officer of a complete application for a site plan which involves 10 acres of land or less, and 10 dwelling units or less, the planning board shall grant or deny preliminary approval within 45 days of the date of [such] the submission or within [such] a further time as may be consented to by the developer. Upon the submission of a complete application for a site plan which involves more than [0 acres, or more than 10 dwelling units, the planning board shall grant or deny preliminary approval within 95 days of the date of [such] the hiips:{/pub.niteg.state.nj.us/Bills/2026/54000/261 11. HTM 2utm_source=chatept.com 6/28/26, 1140 PM Page dal a

submission or within [such] a further time as may be consented to by the developer. Otherwise, the planning board shall be deemed to have granted preliminary approval of the site plan. dA plannin: ena haces comic appeal ion fora ste plan for fhe deselopicnl of a data center shal! submit the site plan an her information received from th the State Planning Commission and_the re of Public ut ities, for review pursuant to subsection c, of section 38 of P.L.1975,_¢,291 (C.40:55D-50),_the cost of which shall be determined by municipality and charged to the developer, (cf; P.L.1984, ¢.20, s.8) 3. Section 36 of P.L.1975, ¢.291 (C.40:55D-48) is amended to read as follows: 36, a. An ordinance requiring subdivision approval by the planning board shall require that the developer submit to the administrative officer a plat and [such] any other information as is reasonably necessary to make an informed decision as to whether the requirements necessary for preliminary approval have been met; provided that minor subdivisions pursuant to section 35 of [this act] P.L.1975, ¢.29] (C.40:55D-47) shall not be subject to this section. The plat and any other engineering documents to be submitted shall be required in tentative form for discussion purposes for preliminary approval. b. If the planning board required any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application shall be submitted and proceeded upon, as in the case of the original application for development. The planning board shall, if the proposed subdivision complies with the ordinance and [this act] P.L.1975, ¢.291 (C.40:55D-1 et seq), grant preliminary approval to the subdivision. c. Upon the submission to the administrative officer of a complete application for a subdivision of 10 or fewer lots, the planning board shall grant or deny preliminary approval within 45 days of the date of [such] the submission or within [such] a further time as may be consented to by the developer. Upon the submission of a complete application for a subdivision of more than 10 lots, the planning board shall grant or deny preliminary approval within 95 days of the date of [such] the submission or within [such] a further time as may be consented to by the developer. Otherwise, the planning board shall be deemed to have granted preliminary approval

95 days of the date of [such] the submission or within [such] a further time as may be consented to by the developer. Otherwise, the planning board shall be deemed to have granted preliminary approval to the subdivision. d__A planning board that receives a complete application fora major subdivision that includes ‘evelomment ofa data center shal submit. the pia anda olher in/ouhation-sesehssi ou the developer to the State Planning Commission ar ilities, for review pursuant te cubes af ton. th af P1915 0391 (e-tbesSD-S0h £ which shal determined by municipality and charged to the developer. (cf: P.L.1984, ¢.20, s.9) Ittps://oub.njleg, state. nj,us/Bills/2026/S4000/3611_11.HTM2utm_sourceschatapt.com 6/28/26, 11:40 PM Page 5 of 8

4, Section 38 of P.L.1975, ¢.291 (C.40:55D-50) is amended to read as follows: 38. Final approval of site plans and major subdivisions. a. The planning board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by ordinance for final approval, the conditions of preliminary approval and, in the case of a major subdivision, the standards prescribed by N.J.S.46:26B-1 et seq.; provided that in the case of a planned development, the planning board may permit minimal deviations from the conditions of preliminary approval necessitated by change of conditions beyond the control of the developer since the date of preliminary approval without the developer being required to submit another application for development for preliminary approval. b. Final approval shall be granted or denied within 45 days after submission of a complete application to the administrative officer, or within [such] a further time as may be consented to by the applicant. Failure of the planning board to act within the period prescribed shal! constitute final approval and a certificate of the administrative officer as to the failure of the planning board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats. Whenever review or approval of the application by the county planning board is required by section 5 of P.L.1968, c. 285 (C. 40:27-6.3), in the case of a subdivision, or section 8 of P.L.1968, c. 285 (C. 40:27-6.6), in the case of a site plan, the municipal planning board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the county planning board or approval by the county planning board by its failure to report thereon within the required time period. ¢ The planning board shall not grant final approval of a site plan or major subdivision for development of a data center unless the planning board has submitted the plan to the State Planning Commission and the State Planning Commission has granted final approval, The State Planning Commission, in consultation with the Board of Public Utilities, shall have 45 days from the date

te Planning Commission and the State Planning Commission has granted final approval, The State Planning Commission, in consultation with the Board of Public Utilities, shall have 45 days from the date of submission by the planning board to review and approve or deny the site jor subdivision for the development of a data center. The State Planning Commission and Board of Public Utilities may consider the impacts and appropriateness of a proposed site plan or major “ sion with respect to the most recently_adopted State Development and Redevelopment Plan, local tand use and development resulations. and any laws. rules, regulations, or programs ve or administered by the State Planning. mission or Board of Publi iliti respectively, If the State Planning Commission does not issue an approval or denial within 45 days, the State Planning Commission shall be deemed to have granted final approval of the site Ntips:j/oub njleg. state nj usfBitts/2026/S4000/3641_ 1. HTM 2utm_sourceschatept.com 6/28/26, TAO PM Page 6 al &

plan or major subdivision (cf: P.L.2013, c,106, s.12) 5. (New section) The development of a data center, as defined in section 3.1 of P.L.1975, ¢.291 (C.40:55D-4), shall not be eligible for any economic development subsidy. As used in this section: "Economic development subsidy" means the provision of an amount of funds to a recipient business by or from a State public body with a value of greater than $25,000, including, but not limited to, any bond, grant, loan, loan guarantee, matching fund, tax credit, or other tax expenditure. "Economic development subsidy" shall not mean any contract under which a State public body purchases or otherwise procures goods, services, or construction on an unsubsidized basis, including any contract solely for the construction or renovation of a facility owned by a State public body. 6. (New section) The State Planning Commission, in consultation with the Board of Public Utilities, shall, pursuant to the "Administrative Procedure Act," P.L.1968, ¢.410 (C.52:14B-1 et seq.), adopt rules and regulations, to effectuate the purposes of subsection c. of section 38 of P.L.1975, ¢.291 (C.40:55D-50). 7. This‘act shall take effect immediately and shall apply to applications for development of data centers submitted on or after the effective date of this act. STATEMENT This bill amends the "Municipal Land Use Law" to direct a planning board to submit completed preliminary site plan or major subdivision applications for the development of a data center, as defined in the bill, to the State Planning Commission (SPC) and the Board of Public Utilities (BPU). The bill also prohibits final approval of a site plan or major subdivision for development of a data center from being granted by the planning board unless the planning board has submitted the plan to the SPC and the SPC gives final approval. The SPC, in consultation with the BPU, is to have 45 days from the date of submission by the planning board to review and approve or deny the site plan or major subdivision for the development of a data center, based on the impacts and appropriateness of the proposed site plan or major subdivision. If the SPC does not issue an approval or denial within 45 days, the SPC shall be deemed to have granted final approval of the site plan or major subdivision. The bill also provides that data centers are ineligible for any economic development

nial within 45 days, the SPC shall be deemed to have granted final approval of the site plan or major subdivision. The bill also provides that data centers are ineligible for any economic development subsidies, biips:fiaub.njleg.state.nj.us/Bills/2026/S4000/2611_I1-HTM?utm_source=chatgpt.com 6/28/26, 1:40PM Page 7 of 8

as defined in the bill. The provisions of the bill are to apply to applications for development of data centers submitted on or after the date of enactment. httos:/pub.njleg.state.nj us/Bills/2026/5 4000/3611_1.2TM2etm_sourceschatgpl.cam 6/28/76, 11:40 PIS Page Bof 8

_____-26 AN ORDINANCE AMENDING CHAPTER 25, ARTICLE I, SECTION 9.13, OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF WEST ORANGE BANNING “POP-UP” PARTIES 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, the Township has received complaints from residents in various neighborhoods throughout the Township regarding parties, events, and/or gatherings wherein the attendees have purchased tickets or wristbands for entry into residential homes within the Township. WHEREAS, the Township desires to amend Chapter 25, Article I, Section 9.13, of the Revised General Ordinances of the Township of West Orange banning “pop-up” parties to define and clarify the penalties for violations of Section 9.13, and to remove language that was inadvertently included in Section 9.13, that should have only been incorporated by reference. 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. Section 9.13 “Pop-Up Parties” 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. a. Scope and purpose. 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

mplaints 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 subsection is to provide recourse for the Township if such "pop-up" parties (defined herein) occur in the future 1