January 2, 2013

was important to establish conditions because many witnesses for this type of Application are out-of-State experts; much of the evidence could be construed as hearsay. It was important for the owner to maintain the property. Chairman Bagoff said it was important for the Applicant to read the Ordinance; as a tenant, the Applicant should be aware of what was expected of the property owner. Mr, Dwyer advised the Board an Ordinance regarding the maintenance of telecommunication towers did not exist. The Board discussed preparing an inventory of all towers and antennas and a modified checklist. Conditions: 1. The Applicant shall comply with all applicable Township, County, State and Federal laws, ordinances, regulations and directives, including without limitation, obtaining all applicable local, state and federal approvals and/or permits. Without limitation of the foregoing, prior to the signing of the approved site plans, and prior to the commencement of any land disturbance or construction, the Applicant shall submit to this Board, with a copy to the Board Engineer, proof that it has obtained all required governmental approvals. 2. If another governmental entity or agency grants a waiver or variance affecting the plans and/or exhibits submitted by the Applicant, this approval or the conditions attached to it, then the Applicant shall re-apply to this Board respecting the same and this Board shall have the right to view that issue as it relates to this approval and these conditions and modify and amend same, if appropriate. 3. In the event that any other required regulatory approval conflicts with the terms and conditions hereof, or materially alters the same, or the terms and conditions hereof are materially altered by any change in applicable law or regulation other than those municipal regulations for which change is prohibited by the Municipal Land Use Law (MLUL), or in the event Applicant or its successors or assigns construct or attempt to construct any improvement in conflict with or in violation of the terms of this approval, the Board hereby reserves the right to withdraw, amend or supplant the instant approval. 4. All construction, use and development of the property shall be in conformance with the plans approved herein, all representations of the Applicant and its witnesses during the pubiic hearing, ali exhibits introduced by the

and development of the property shall be in conformance with the plans approved herein, all representations of the Applicant and its witnesses during the pubiic hearing, ali exhibits introduced by the Applicant, and all terms and conditions of this resolution. 5. The Applicant shall pay all outstanding taxes, tax liens, application fees and technical review fees, as well as any inspection fees that may be required hereunder. 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 shall be deemed withdrawn. 6. All notes included in the approved plans, including notes required by this Resolution, shall be deemed conditions of approval having the same force and NLPLANNING.BRDWYPMINUTES2013\1-2-2013 Draft Minutes.doc 7