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

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.