PB 24 01 West Essex Highlands Inc Application and Relevant Documents

2.5. Planning Board Process: 2.5.1. Completeness. WEHI will complete and submit site plan and/or subdivision applications for the Subject Property, consistent with this Agreement, which applications shall be reviewed by the Township Planner and Township Engineer for purposes of determining completeness, as defined by the MLUL, and compliance with the Zoning Amendment and applicable Design Terms and Conditions. WEHI shall contemporaneously submit a copy of all application materials to the Association. In accordance with the MLUL, completeness determination by the Board must occur within forty five (45) days of submission. In addition, WEHI shail submit all plans to DeFeo & Associates, the Township’s environmental consultant, for review and comment. WEHI shall meet with DeFeo & Associates in good faith regarding the location and implementation of fencing and other items designed to regenerate the undergrowth of the Subject Property. Unless otherwise modified by the terms of this Agreement, the MLUL applies to the Township’s review and adjudication of WEHI’s applications. 2.5.2. Decision By the Planning Board. After the Planning Board determines that WEHI’s applications are complete, the Board shall schedule the public hearing on the applications. Action on the subdivision and site plan applications shall be taken in accordance with the MLUL. Ifnecessary, the Township shall ask the Planning Board to provide WEHI with a special meeting(s) for the review of the development application at WEHI’s sole cost and expense. 2.5.3. Fees. The Township recognizes that any approvals and this Agreement all contemplate the development of an “inclusionary development” within the meaning of the Mount Laurel doctrine, and WEHI shall be entitled to any benefits, protections and obligations afforded to developers of inclusionary developments, including but not limited to protections from the