September 5, 2012

public hearing, all exhibits introduced by the Applicant, and all terms and conditions of this Resolution. wn The Applicant shall pay all outstanding taxes, application fees, technical review fees, inspection fees and performance guarantees that may be required hereunder and/or by applicable law. The Applicant shall pay any additional fees or escrow deposits which may be due and owing within thirty (30) days of notification or this approval may be withdrawn. 6. Applicant shall obtain approval from the West Orange Historical Preservation Commission and/or such other similar bodies which shall have jurisdiction over the project. 7. Applicant shall comply with all recommendations made by the Board’s Planner and Engineer. 8. Applicant shall submit a parking anagement plan which will include parking, circulation, gate access, marking of the 90 retail spaces and other aspects of the operation of the parking garage subject to the review and approval of the Board Engineer. Applicant shall create additional spaces in the southeast corner of the lowest level of the parking garage and shall move handicapped parking spaces closer to the walkway access to Main Street; and should provide a divided entry to the garage. 9. Applicant to address the comments of the West Orange Fire Sub-Code official in his letter dated May 8, 2012. 10. Upon issuance of Certificates of Occupancy for 168 of the units in Phase I Applicant shall provide an updated traffic study to the Board and the Township Engineer. If the Township Engineer then determines that (i) traffic conditions are unfavorable, (ii) traffic conditions would be improved by the institution of a jitney service serving the project to the area of the project, then the Applicant shall either (i) pay monies annually to the Township for the purpose of having the Township jitney service stop near the project to serve the project and its surrounding area, said monies to be in an amount similar to the amounts paid by others for such service, or (ii) provide its own private jitney service. The Township Engineer may at any time thereafter request an updated traffic study from Applicant for the purpose of evaluating whether there exists a continued need for jitney service. For the purposes hereof “jitney service” shall mean transportation by bus and/or van to the public train station in either Orange, South Orange or Montclair

exists a continued need for jitney service. For the purposes hereof “jitney service” shall mean transportation by bus and/or van to the public train station in either Orange, South Orange or Montclair of the type and frequency similar to that provided by the Township of West Orange at this time. Included within any traffic study conducted by the Applicant shall be an evaluation and recommendation whether Charles Street should be converted to a one-way street. 11. Applicant to submit revised plans to include all changes made during the hearing and approval process. 12. Applicant to submit an engineer’s estimate in accordance with the Infrastructure Construction Agreement with the Township. NAPLANNING. BRD\WP\MINUTES\2012\9-5-2012 Minutes.doc 7