EX 1 PB 98 11 Highview at West Orange Resolution Adopted See Last Paragraph

to balance any negative impacts with a positive design decision in the creation of heavily landscaped areas, the placement of structures and parking features to minimize the visual impact as well as the architectural features to enhance the visual and functional environment to the residents and office employees. He further testified that the variances requested will further the Purpose of the Municipal Land Use Law (N.J.S.A. 40:55D-2). It is the intent and purpose of this act putting forth the applicable sections: a. To encourage municipal action to guide the appropriate use or development of all lands in this State, in a manner which will promote the public health, safety, morals and general welfare; ¢. To provide adequate light, air and open space; e. To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of _ persons, neighborhoods, communities and regions and Preservation of the environment; g. To provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements in order to meet the needs of all New Jersey citizens; i. To promote a desirable visual environment through creative development techniques and good civic design and arrangement; k. To encourage planned unit developments which incorporate the best features of design and relate the type, design and layout of residential,

commercial, industrial and recreational development to the particular site; Mr. Gurkovich opined with reasonable planning probability that the application may be granted without causing substantial detriment to the public good and without substantial detriment to the intent of the zone plan and scheme of the Township of West Orange. 19. The Board solicited comments from the public and there were none made and, therefore, the public portion of the meeting was closed. NOW, THEREFORE, BE IT RESOLVED, having reviewed the proposed Application and considered the impact on the Township and residents to determine whether they are in furtherance of the Municipal Land Use Law and the land use and zoning ordinances of the Township of West Orange, and having considered whether the proposals are conducive to the orderly development of the site and the general area in which it is located, the Planning Board has concluded that good cause was shown to approve the Application of Highview at West Orange, L.L.C. for Major Subdivision Approval and Preliminary and Final Site Plan Approval and did vote on June 3, 1998 to approve said Application. In addition, the Board specifically approved the request for the granting of the variances listed above for all of the special reasons set forth in the testimony of Mr. Gurkovich as indicated above and with the understanding that the Applicant has proven both the positive and the negative criteria; subject to the following conditions: General Conditions Precedent to Issuance of any Construction Permit: 1. This Resolution hereby incorporates by reference the Developer’s Agreement, attached hereto and made a part hereof. The Applicant shall comply with all obligations under the Developer’s Agreement. 2. Approval of the County Planning Board and compliance with all conditions of that approval including traffic recommendations of Harold Maltz if contained in the County Planning Board Approval. 3. Approval of the New Jersey Department of Transportation and Department of Environmental Protection for any matters within their jurisdiction. 4. Submission to the Board attorney of all permits and approvals required by the DEP.

5. Approval from the Hudson, Essex and Passaic Soil Erosion District of a soil erosion and sediment control plan. 6. If another governmental agency grants a waiver of variance of a regulation affecting this approval or the conditions attached to it then this Board shall have the right to review that issue as it relates to this approval and these conditions and modify or amend the same. Specific Conditions The Applicant shall: a. Report back to the Planning Board 1 year after full occupancy of the office building to determine whether there shall be any necessity to construct a parking deck. b. Meet with and coordinate with the Planning Director concerning landscaping particularly in the vicinity of the rear elevation of the office building and around the performing arts center. c. The Applicant shall execute, prior to the issuance of a Certificate of Occupancy, an Affidavit of Compliance certifying they have fulfilled all conditions set forth which shall be to the satisfaction of the Township Planner, Engineering Department and Building Department of the Township of West Orange, who shall be furnished with a copy of this resolution. No Certificate of Occupancy shall be issued until receipt of an executed Affidavit of Compliance approved and signed by the Zoning Official. d. Comply with the requirements of the West Orange Fire Department but it shall not be required to leave Eagle Ridge Drive open. It will, however, continue to maintain and allow access to the water service currently located in or near Eagle Rock Drive. e. Solicit suggestions from the traffic consultant, Harold Maltz, concerning protection against thru traffic on Harrington Terrace. f. Comply with Exhibit A6 for the size and Style of the Project Identification Sign. g. Consult with the Township Engineer concerning the type and style of the proposed lighting within the townhouse community. h. Comply with the requirements of the Residential Site lene Standards. 10