Prior Resolutions of Approval submission

25. The plantings in the bio-retention basin are to be revised to provide a terrestrial forested community in accordance with the BMP Manual or the soil media thickness is to be increased from 18 inches to 24 inches. 26. Install additional shrubs and/or trees along the west side of the existing practice field (north of the existing field house). 27. Access to the overflow parking areas on the two existing practice fields is to be provided through the existing field house parking lot. 28. Add a note to the site plans that any existing wells to be abandoned are to be closed and capped in accordance with Health Dept. requirements. 29. As built drawings of the Subject Property improvements are to be provided to the Township at the completion of construction. The as-built plans shall include the location, vrims/grates, inverts and pipe sizes of all storm and sanitary sewers installed as part of this project; locations and general depths of the water, gas and other underground facilities; spot grades on the fields, tennis courts and parking lots to affirm general compliance with the approved site plans. 30. Review comments on the soil removal application are to be made to the satisfaction of the Board Engineer and Township Engineer. 31. Plan revisions as discussed in G. C. Stewart letter dated April 22, 2009 (responding to OBA letter dated April 20, 2009) as follows: a. Add a handicapped space in the existing parking lot by the existing field house. b. Dusk-to-dawn lighting fixtures in the proposed parking lot are subject to review by the Township Police Dept. c. All the fencing must be black clad vinyl (posts, mesh and all fittings). d. Provide additional spot grades at the field house and storage building. e. Add a note that the existing sanitary sewer is to be videotaped, providing copies to the Township -51-

and Board Engineers. Add a note that any buried structures are to be uncovered and raised to grade. Redesign the sanitary sewer from San. MH #1 to San. MH#4 to reduce depth of excavation and minimize impact on existing trees. The handicapped spaces at the proposed field house to indicate flush concrete curb with the signs in bollards. Revise the outlet structure details to provide trash racks for all orifices and provide additional dimensioning including top and bottom of structure elevations. Add details for the flared end section, batting cages and scoreboard and revise other details to address some minor items (class of concrete, size of trench grate and handicapped ramp details). Provide drains for the dugouts to storm sewer or to basin(s). Landscape plans are to be revised to show utilities, lights and fencing with any conflicts with these features to be resolved. Compliance with the parking lot tree requirements to be verified and calculations provided on the plans. A note is to be placed on the site plans that Basin 200 is classified as a Class IV dam and appropriate details are to be provided for its construction in accordance with the Dam Safety standards. Discrepancies between the storm sewer profile and’ plan are to be corrected. Selective clearing of dead and diseased trees is to be done under supervision of certified tree expert or the Township Forester. Prior to Seton Hall commencing any tree removal at the Subject Property, it must prepare and submit to the Township Planner and monitor and implement a woodland/forest management plans for the remaining wooded areas to ensure their health and vitality. -52-

34. Install a higher fence on the east end of the existing practice field (east of the existing field house) used for lacrosse practice to prevent lacrosse balls from impacting the residences on Northfield Avenue. 35. Seton Hall will comply with the U.S. Fish and Wildlife Service’s conditions with regard to the timing of the removal of trees and any other requirements of the U.S. Fish and Wildlife Service. Tree removal on the entire Subject Property is only permitted between October 1 and March 31, or other time periods sanctioned by the US Fish and Wildlife Service. 36. During the months of June, July and August, the athletic fields can only be used directly by Seton Hall Prep and its own students or athletes and not by Seton Hall coaches or third parties to conduct other athletic or sports sessions or training camps (whether for pay or not). 37. There shall be no installation of any field lights on any of the fields, whether on a permanent or temporary basis. 38. Applicant shall remove any existing field lights, which must be accomplished by no later than December 31, 2010. 39. No marching bands can practice on the Subject Property. 40. Seton Hall Prep can have no more than eight home football games per school year at the Subject Property, excluding games played by another school using the Subject Property in the event of a necessity. 41. At the Subject Property, Seton Hall Prep can conduct no more than one athletic event at the same time (with the exception of tennis and baseball), and to the extent that two or more events are scheduled at the Subject Property on the same date, there must be at least a 1.5 hour time period between the conclusion of one game of any sport and the commencement of the next game of any sport. 42. The existing path running through the northerly portion currently used as a running track shall remain in its current location, but Seton Hall must resurface the path and the side edgings to prevent any deterioration of the pathway. 43. The consolidation of the various lots into a single lot by deed filed with the Recorder of Deeds of Essex County is to be completed no later than 60 days after a final non-appealed decision of the Township Council or 60 days after the last -53-

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-

to the commencement of each game and shall be required to remain at their posts on the Subject Property for at least 1 hour after the conclusion of the game. 18 Pfne Applicant shall place a memorial plaque in the area behind center field in the proposed junior varsity baseball field acknowledging that the Subject Property waS the former residence of General George McClellan. Said memorial plaque and t the language contained thereon shall be subject to the approval ae the West Orange Planning Director. 4 49, The Applicant shall implement the activities contained in the approved Operations & Maintenance Manual prepared for the project. The Applicant shall submit its annual report to the Township Engineer regarding these activities on or before January 31 of each calendar year for the prior calendar year. 50. Before the Applicant can commence any work at the Subject Property, the Applicant must obtain a Letter of Interpretation from the New Jersey Department of Environmental Protection delineating any wetlands on the Subject Property and/or transition areas on the Subject Property or, alternatively, the Applicant agrees to submit to the New Jersey Department of Environmental Protection any Applications to obtain any required wetlands permits. 51. The Application is subject to approval of the Essex County Planning Board. 52. The Application is subject to the approval of the Hudson Essex Passaic Soil Conservation District. 53. The Applicant agrees to offer the use of the baseball and football fields located at the Subject Property for use by the townships of West Orange, Livingston and South Orange for their high school varsity teams in the case of an emergency. 54. In addition to hiring police officers during home football games, the Applicant shall also provide parking lot attendants to assist with the overall parking during home football games, and specifically on the field that is to be used as a temporary parking lot. 55. During home football games, no left turn shall be permitted out of the north driveway onto Prospect Avenue unless directed by a police officer at that location. 56. The path running in the northerly portion of the Subject Property shall not be used by construction vehicles or -55-

construction equipment unless essential and authorized by the Township Engineer or the monitor retained by the Township to supervise the construction. 57. All stockpiling and storage of soil, materials, construction equipment, or other materials shall be restricted to areas far enough away from trees in order not to cause damage to the root systems. Any questions as to the storage of any soil, material, construction equipment or other materials shall be determined by the Township Engineer, Township Planner or the monitor retained by the Township. 58. Any fill material brought to the Subject Property during construction shall be certified as clean and suitable for use on athletic fields. Certification must be provided to the Township Engineer and monitor at least three business days prior the transport of fill to the Subject Property. Representative soil samples of the proposed fill material are to be delivered to a NUJDEP certified analytical laboratory for the analysis of the chemical parameters covered under a Priority Pollutant +40 screening. 59. Revised site plans and drawings are required to be submitted to the Planning Department before a construction permit is issued. 60. The Applicant shall record a permanent conservation easement as agreed to by the Applicant for the property below Ridge Road which is to be completed 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. 61. The use of a public address system at. the Subject. Property shall be limited to (i) during football games and/or (ii) isolated individual events held at the Subject Property, and only at normal and customary decibel levels. Moved: Bruce Buechler Seconded: Phil Neuer Those in Favor: Bruce Buechler, Gregory Bullock, William Steinhart, Mark Sussman, Phil Neuer Those Opposed: None -56-

Abstentions: None I hereby certify that the foregoing Resolution was adopted by the Zoning Board of Adjustment of the Township of West Orange at its meeting of December 16, 2010 and that said Resolution memorializes the action of the Zoning Board taken at a special meeting held on November 8, 2010 granting the approval, with conditions by a vote of 7 in favor and 0 against. December 16, 2010 : Dire Dckl RocRetts Elizabeth Rochette Board Secretary -57-

RESOLUTION ZONING BOARD OF ADJUSTMENT TOWNSHIP OF WEST ORANGE RESOLUTION ZB-08-37 Amendment WHEREAS , the Seton Hall Preparatory School (“the “Applicant” or “Seton Hall”), applied to the West Orange Zoning Board of Adjustment (“the Board") and received site plan approval with variances to add additional playing fields and new structures on its premises off of Prospect Avenue, also known as Block 81.01, Lots 1.01, 1.04, 1,05, and 1.06 and Block 82.01, Lots 1, 7, 7.01, 7.02 and 7.05, (the “Subject Property”), on the Tax Map of the Township of West Orange and located in the R-1 zone, and said approvals having been memorialized in Resolution ZB-08-37 dated December 16, 2010; and WHEREAS, the Board‘s resolution of approval was appealed by Kevin Malanga, by the filing of a suit in the Superior Court of New Jersey, Law Division, bearing docket No. ESX-L-1037-11, which named Seton Hall, the Board and the Township Forester as defendants and sought to overturn the decision of the Board; and WHEREAS, in an effort to resolve the matter the Applicant submitted another plan for the same site to the Board for approval; and WHEREAS, in accordance with Municipal Land Use Act and the decision of the court in Whispering Woods v. Middletown Township, 220 N.d. Super. 161 (Law Div. 1987), the Applicant

filed a New Application on or about October 2, 2012, and WHEREAS, the Applicant presented proof that adequate notice of the hearing on the New Application was published in the West Orange Chronicle, one of the official newspapers of the Board; and WHEREAS, the Applicant submitted proof of notice of the hearing upon all property owners within 200 feet of the property and all others required to receive notice; and WHEREAS, the New Application was heard at a public meeting of the Board held December 6, 2012; WHEREAS, the Applicant was represented by attorney Robert Cc. Williams, Esq.; and WHEREAS the Applicant presented the testimony of Charles Stewart, a licensed professional engineer, surveyor and planner in the State of New Jersey, who was accepted by the Board as an expert in the field of civil engineering, Mr. Stewart outlined the changes to the originally approved plans that resulted in no additional variances, and consisted primarily of the relocation of the Bio-Retention Basin located on the southwest side of the property adjacent to the Shillelagh Club to the area outside center field on the JV Baseball Field, resulting in the Bio- Retention Basin becoming a Detention Basin, and resulting in the saving of additional trees, and leaving an additional part of the property in a natural state, necessitating lowering of the JV baseball field by 4 feet, reducing the need to bring fill to the site, and installation of a new retaining wall, the