PB 24 19 TheWayMaker LLC 40 Eagle Ridge Way Draft Resolution

11 grading, final boulder walls, and landscaping consistent with the Applicant’s site plan and exhibits presented to the Planning Board; and IT IS FURTHER RESOLVED that the approval granted to TheWayMaker, LLC, 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, 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 land use approvals for the Stormwater Management System and driveway, landscaping, removal of the concrete pipe (replacing it with riprap and a minimum of two check dams), enlargement of the scour hole, and construction of the two-tiered boulder wall. 2. If another governmental entity or agency grants a waiver or a variance inconsistent with the terms of this Resolution of Approval or materially affecting the plans and/or exhibits submitted by the Applicant, which has the impact of vacating this approval of the stormwater management system or the conditions attached, 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. This condition shall not apply to the terms of the private Settlement Agreement between the Applicant and Objector.

12 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 application fees and technical review fees, attorneys’ fees for preparation of resolutions and attendance at special meetings, 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. Applicant will comply with or address all of the Planning Board Consulting Engineer’s comments and requests set forth in the report dated November 26, 2024, and revised January 8, 2025.

13 8. Applicant’s engineer will supply the full calculations used in creating the plan modifications shown on A-1 submitted to the Board. 9. In accordance with Exhibit A-1 submitted at the hearing on April 16, 2025 by expert engineer Cokeley, the Applicant will remove the elliptical pipe in its entirety and replace it with a riprap lined ditch with stone check dams and install a double sized scour hole at the end of that ditch. Should this work to remove the concrete elliptical pipe and replace same with a riprap ditch require approvals from a municipal, county and/or state government, the Applicant will diligently file for these approvals, which filings shall not delay the work proceeding under the prior permit or on the approved stormwater management system, driveway and landscaping associated with 40 Eagle Ridge Way for which permits may proceed. 10. Applicant will install additional ground cover and landscaping as shown on A-1 submitted to the Board and as approved by the Township Forester and relocate the drainage ditch as provided in Exhibit B, subject to the terms of the Settlement Agreement. 11. The Planning Board makes no findings with respect to any work or enhancements intended to be implemented on the neighboring property located at 42 Eagle Ridge Way, other than to say that the proposed landscaping and potential drainage ditch re-location is as per the Settlement Agreement with the Llewelyn Park Board of Managers, the owner of 42 Eagle Ridge Way and Applicant and enforcement of that Settlement Agreement is between those parties. 12. The landscaping and drainage improvements identified in the exhibits to the Settlement Agreement presented and signed by Richard Cohn dated April 16, 2025

14 (revised and signed by Applicant’s representative, Richard Cohn and Nicole Morrow, Chair of the Committee of Managers of Llewellyn Park on April 22, 2025 and attached hereto as Exhibit A) and shown on Exhibits A-1 and A-2 and must be satisfied by Applicant. Any work identified in the Settlement Agreement that requires NJ DEP approval shall be subject to the terms of the Settlement Agreement. Any additional agreements for improvements to Applicant’s property that may be negotiated with Llewellyn Park after the date of this Resolution and not before the Board are not part of the site plan approval herein. 13. If the Applicant relocates the stormwater drainage ditch from 40 Eagle Ridge Way onto 42 Eagle Ridge Way via an easement agreement, a copy of that easement shall be supplied to the Secretary to the Planning Board for their records. 14. The boulder wall will be reduced in height by backfilling and creating two tiered walls within the height permitted by Code in accordance with the plans submitted for which Applicant’s Engineer will be required to submit a certification that the walls can sustain the lateral soil loads due to backfill. 15. The Applicant shall list all conditions of approval onto a final site plan submission prior to the submission of the building permit. The undersigned secretary certifies the decision set forth herein was made by this Board on April 16, 2025, and memorialized herein pursuant to N.J.S.A. 40:55D-10(g) on May 7, 2025. ___________________________________ Jamilet Baquerizo Vite Planning Board Secretary

15 Vote Action Taken by the Board on April 16, 2025 Board Member Motion Second Aye Nay Abstain Absent R. Bagoff X X J. Guarino X X S. McCartney X S. Scarpa X K. Alper X W. Wilkes X L. Klein X C. Morgan ---- P. Smeraldo ---- J. Cardoza X L. Kapferer ---- Vote on Memorialization on May 7, 2025: Board Member Motion Second Aye Nay Abstain Absent R. Bagoff J. Guarino S. McCartney S. Scarpa K. Alper W. Wilkes L. Klein C. Morgan P. Smeraldo J. Cardoza L. Kapferer