2 ZBA Application

permissible appeal of a court with jurisdiction over the Zoning Board decision, whichever is earlier. 44. The recordation of a deed restriction on any further development of the existing undisturbed buffer of approximately 400 feet on the northern portion of the Subject Property, as the Applicant has consented to, prohibiting any further development in this area through December 31, 2040 only if Seton Hall or its affiliate or successor in interest is owner of the Subject Property. Said deed restriction must be filed no later than 60 days after a final non-appealed decision of the Township Council or 60 days after the last permissible appeal of a court with jurisdiction over the Zoning Board decision, whichever is earlier. 45. The Applicant must submit to the Township funds for the Township to hold in escrow adequate for the Township to retain an independent monitor to ensure compliance with the Board’s resolution approving of Seton Hall’s Application and all approved plans. The Applicant shall submit an engineer's estimate for all Subject Property improvements, including earthwork and retaining walls. This estimate shall break out the landscaping and tree removal as separate items, as these items shall be monitored by a certified tree expert. The calculation of engineering inspection fees (including the certified tree expert) will be calculated in accordance with the MLUL. The monitors, in consultation with the Township Planner and Township Engineer, shall determine how often the monitors need to be on site to provide and insure complete compliance with all approved plans and Board conditions. A pre- construction meeting shall be held among the Applicant’s representatives, the Township and their consultants and contractor(s) prior to any construction and/or clearing activity on the Subject Property. 46. The Essex County Baseball Tournament shall not be played at any field located on the Subject Property. No countywide football tournaments shall be played at the Subject Property. No county or state cross-country or outdoor track tournament or championship will be conducted at the Subject Property. No county or state soccer, lacrosse or tennis tournament or championship, which does not directly involve Seton Hall, will be conducted at the Subject Property. 47. The Applicant shall coordinate with the West Orange Police Department to hire off-duty police

championship, which does not directly involve Seton Hall, will be conducted at the Subject Property. 47. The Applicant shall coordinate with the West Orange Police Department to hire off-duty police officers to control traffic during all home football games. Said police officers shall be required to be at their posts at least 1.5 hours prior -54-