PB-21-01 West Orange Plaza Block: 152.01 Lot 1445 & 1445.05

setback (Eagle Rock Avenue) 25.7.1 Minimum 100 ft. 10.1 ft. (Mavis) 50.7 feet side yard setback (Building A) and 60 feet (Building B) 25.7.1 Minimum 75 ft. 52.5 ft. (Main 39.6 feet rear yard setback building) (Loading dock of main building) 25.7.1 Minimum 150 ft. 182 ft. (Main 90.3 feet space between building and (Existing Main buildings Verizon) Building and Building A), 38.0 feet (Building A and Building B), 54.2 feet (Building B and the Mavis Building) 25-8.1 Minimum 5 ft. Not provided 2 ft. parking setback 25.8.1a. Accessory | Not permitted in N/A Drive-up use location required front or side windows in yard required front yard 25-8.4 Maximum 4 ft. Not provided 13.5 ft. retaining wall height 25-11.9 Loading Entirely within the Not entirely within | Not entirely area/bay location structure the structure within the structure 25-11.14i Drive-up | Not permitted ina N/A Proposed in window required yard required front setback yard 25-12.10. Maximum | 20 spaces >20 spaces Up to 32 spaces parking row length without landscaped island 25-12.2 Minimum Required 1,476 1,555 1,197 number of parking spaces 25-12.3a.1. 34 (1 per 10,000 sq. | 7 12 Minimum number _ | ft. of gross floor of loading spaces area) 25-14.1c. Maximum | 18 feet Not provided 25 feet light fixture height

25-14.3 Minimum 1.5 footcandles Not provided 0.3 footcandles lighting levels in parking areas 25-15.3c.2(b) 1 per unit: N/A 8 Bldg. A Maximum number _ | 6 Bldg. A 6 Bldg. B of wall signs 4 Bldg. B 6 Bldg. B-5 2 Bldg. B-5 11 Bldg. C 3 Bldg. C (including the 3 Bldg. D clearance bar) 1 Bldg. 1M-D 13 Bldg. D (including the clearance bar) 7 Bldg. 1M-D (Target) 25-15.3¢2(d) 1 2 (2 monument 4 (1 monument Maximum number signs) sign, 3 shopping of freestanding center signs) signs 25-15.3e2.(d) Front yard Front yard Front and side Location of yards freestanding signs 25-15.3e2(d) 50 ft. (Shopping Not provided Ten (10”) feet (2 Minimum sign front | center sign) shopping center setback signs) Zero (0’) feet (1 shopping center sign) 25-15.3c2.(d) 150 sq. ft. (Shopping | Not provided 220 sq. ft. (2 Maximum sign center) signs), 260 sq. ft. area- shopping (1 sign) center sign 25-15.3c2.(d) 48 sq. ft wall sign Not provided 1M-A.7 Two Maximum sign signs at 81 sf area- shopping center sign 25-15.302.(d) 20 fi. N/A 28 fi. (2 signs), Maximum sign 36 ft. (1 sign) height- shopping center sign 25-15.3c2(d) 15 fi. N/A 16 ft. 3 signs) Maximum sign width- shopping center sign

2. Preliminary and final site plan approval is granted along with the c (2) variance approval set forth above. AND IT IS FURTHER RESOLVED that the above approval is subject to the following terms and 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 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 approvals. 2. Ifanother 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. 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 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.

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 public hearing, all 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 the 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 effect as conditions expressly set forth in this Resolution. 7. New sidewalks along Building C as suggested by Township Engineer will be installed as shown on the revised site plan exhibit. 8. A “Left turn only” sign shall be installed at the Suite D-3 drive thru lane as recommended by the Township Engineer in his report dated June 7, 2023 and as shown on the revised site plan exhibit. 9. Applicant will comply with all of the recommendations set forth by the Township Engineer in his report of June 7, 2023 with the exception of: #6- EV spaces will be installed as per State statute (In three phases), #10- already provided on the plans, and #14 relating to the Stormwater Maintenance Manual as it was already provided. 10. A note regarding the 0.3 footcandles for light poles to be added to plans. 11. Striping to be added to pavement in the rear of the Main Building to show fire lanes.

12. Landscaping for parking lot islands to be as shown on the plans as approved by the Town Forester. 13. Employee parking and the placement of the EV charging stations shall be installed in accordance with the revised site plan exhibit, or as modified in the future with the prior approval of the Director of Planning and Development/Zoning Official and Township Engineer. 14, A new sidewalk will be added at the east corner on Eagle Rock (Near Verizon) reducing one parking space as shown on the revised site plan exhibit. 15. Parking lot area in front of Whole Foods- will do addition of green islands as shown on revised plans marked as A-S at the hearing of October 4, 2023. 16. The wall mounted lights in the rear of Buildings A and B shall be lowered to fifteen feet to reduce light onto residential properties as testified to by Mr. Delaney. 17. A noise barrier of some type to reduce noise from the courtyard between Buildings A & B as directed towards the residents to the north, as discussed by James Welsh, shall be installed, in addition to the additional five (5) trees shown on the revised landscape plans marked A-5. 18. A crosswalk near Jersey Mike’s and the bus stop shall be added as shown on the revised plans marked A-5. 19. There shall be no restaurants that meet the Code definition of “fast food restaurant” permitted at the site. 20. Applicant will plant and maintain majestic jade arborvitaes to screen dumpsters as shown on the revised landscape plans.

2 22. 23. 24. 25. 26. 27. 28. . The Applicant shall shorten screen wall to increase sight line for pedestrians at Building C, as shown on the revised site plan exhibit. The Applicant will conduct a video assessment on site of the sanitary sewer system and will add all new and upgraded lines if deemed necessary by the Township engineer. The Applicant shall also provide an evaluation of the sewer functionality of entire site. A fence and guard rail will be added on top of the retaining wall behind Target (noted as wall D on the plans). The sizes of the pylon signs are reduced to 260 sq. ft. (for the main larger sign) and 220 sq. ft. for the other two pylon signs. If trees or shrubbery depicted on the plans fail or die they must be replaced in kind at the first opportunity during the growing season. Applicant shall add evergreen shrubs intermittently along the length of Prospect Avenue at a height that will buffer view of the parked cars but allow for the buildings to be seen (approximately 2-3’ high) in addition to the Giant Arborvitae’s being used to screen the dumpster and drive-through areas. Applicant shall comply with the Forester’s report of October 23, 2023, with the exception that yearly evaluations will be performed by the Director of Planning and Development/Zoning Official and the Forester and not the Applicant. The Applicant must abide by the instruction of the Forester and Director of Planning with respect to their findings regarding those yearly evaluations. Applicant must maintain a sprinkler/irrigation system in the grass/landscape area that runs along Prospect Avenue in perpetuity.

29. Applicant shall list all conditions of approval onto a revised site plan to be submitted for compliance review. The undersigned secretary certifies the decision set forth herein was made by this Board on October 25, 2023, and memorialized herein pursuant to N.J.S.A. 40:55D10(g) on November 29,2023. 4 ro LLt: Poy Jamilet Baquerizo Vite, Planning Board Secretary

Vote Action Taken by the Board on October 25, 2023: Board Member Motion Second Aye Nay Abstain Absent K. Alper J. Guarino L. Klein S. McCartney C. Morgan P. Smeraldo W. Wilkes >< [>< | >< } >< ] >< J >< ] >< J >< T. Williams x S. Jensen = J. Cardoza ms R. Bagoff x x Vote on Memorialization on November 29, 2023: Board Member Motion Second Aye Nay Abstain Absent K. Alper J. Guarino L. Klein S. McCartney C. Morgan P. Smeraldo x >< [>< | >< } >< | >< J >< ] >< W. Wilkes T. Williams aia S. Jensen = J. Cardoza 7 R. Bagoff x x