PB-23-09 Essex County Country Club Block: 156 Lot: 1

10. developed. Therefore, and as a result of the structures lawfully existing thereon, compliance with the Code provisions would result in an undue hardship upon the Applicant. Additionally, the creation of additional parking islands, bio-retention and additional plantings will advance the purposes of the Municipal Land Use Law to prevent flood and to promote a desirable visual environment through creative development techniques and good civic design. . Also, an Applicant for these variances must show that the proposed relief sought will not cause a substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and zoning ordinance. The burden of proof is upon the Applicant to establish that these criteria have been met The Board finds that the Applicant has demonstrated that the variance will not cause a substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and zoning ordinance since the proposal creates provides more landscaping than what exists within the parking area to today and has added benefits of creating bio-retention and reducing the heat island effect. The Board further finds that the benefits of the overall proposed project significantly outweigh the detriments as the project advances the purposes of the MLUL (N.J.S.A. 40:55D-1 et. seq.) by promoting the general welfare. It decreases the existing parking deficit, reduces impervious coverage, creates more landscaped areas, provides electric vehicle parking where none had previously existed, and enhances safety by widening the driveway entrance. With respect to the negative criteria under the MLUL, the Board accepts the testimony that the proposed changes will not have any negative effect on the public

good, on the zone plan or zoning ordinance. The Board finds that the detriments of the application are significantly outweighed by the many benefits. NOW THEREFORE BE IT RESOLVED by the Planning Board of the Township of West Orange that approval for an amendment to the Final Site Plan with c variance and Soil Moving Permit to demolish the existing golf cart storage/pro shop building and to build a new golf cart building, modify and improve the parking lot, widen the driveway, create and to move soil to upgrade the golf course along with ancillary improvements is granted; and IT IS FURTHER RESOLVED that the approval granted to Essex County Country Club, is subject to the following terms and conditions: iG 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, 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 but excluding interior renovations, the Applicant shall submit to this Board, with a copy to the Board Engineer, proof that it has obtained all required governmental land use approvals. If another governmental entity or agency grants a waiver or a 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. 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 successor 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. 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 public hearing, all exhibits introduced by the Applicant, and all terms and conditions of this resolution. The Applicant shall pay all outstanding 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 the notification or this approval shall be deemed withdrawn. All notes included in the approved plans, including notes required by this Resolution, shall be deemed conditions of approval having the same force and effect as conditions expressly set forth in this Resolution. The Applicant shall comply with the Township ordinance regarding soil movement requirements. The Applicant will comply with all comments and recommendations set forth in the Planning Board Engineer’s November 28, 2023 letter by John Hess of CME Associates except those related to the comfort station.

9. The Applicant shall construct an additional planting island in the parking lot, bringing the total to four (4) planting islands. 10. The plants proposed for the parking lot islands shall be non-invasive plants and be approved by the Township Forester. 11. The Applicant shall list all conditions of approval onto a final site plan submission prior to the submission of the building permit. The undersigned secretary certifies the decision set forth herein was made by this Board on November 29, 2023, and memorialized herein pursuant to N.J.S.A. 40:55D-10(g) on December 6, 2023. AM Daa Jamilet perpen Planning Board Secretary

Vote Action Taken by the Board on November 29, 2023: Board Member Motion Second Aye Nay Abstain Absent K. Alper J. Guarino L.Klein S. McCartney C. Morgan P. Smeraldo W. Wilkes T. Williams PS [PS IPS [>< [>< | >< [<< S. Jensen J. Cardoza R. Bagoff x xX Vote on Memorialization on December 6, 2023: Board Member Motion Second Aye Nay Abstain Absent K. Alper x J. Guarino L.Klein S. McCartney C. Morgan P. Smeraldo W. Wilkes T. Williams S. Jensen J. Cardoza R. Bagoff