238 26 Exhibit B Affordable Housing Agmt Exhibit C Draft Ordinance

43 45 The Planning Board shall diligently process Developer's development applications following passage of the necessary zoning ordinance set forth herein, and within the time limits imposed by the Municipal Land Use Law. The Board shall expedite the processing of 410 Main’s development application in accordance with N.J.A.C. 5:93-10.1(a), adoption of the Rezoning Ordinance and within the time limits imposed by the MLUL. If necessary, the Board shall cooperate in scheduling special meetings to expedite the application to ensure that the Board acts on the development application within the time provisions set forth in the MLUL. Right to Seek Approval of Variances, Waivers, or De Minimis Exceptions The Planning Board recognizes that the zoning ordinance approval and this Agreement contemplate development of the Inclusionary Project, which is an “inclusionary development” within the meaning of the Mount Laurel doctrine, and Developer shall be entitled to any benefits, protections, and obligations afforded to developers of inclusionary developments. Nothing shall prevent Developer from applying for a waiver or bulk variance from any standard imposed by the Ordinance and/or the Township's land use and development ordinance, as applicable, and the standards set forth in the Municipal Land Use Law, the Fourth Round affordable housing regulations, or in this Agreement, or as otherwise established by law, as applicable, shall determine if Developer is entitled to this relief or from seeking a waiver or de minimis exception to any standard or requirement of the Residential Site Improvement Standards under the applicable regulations, Notwithstanding the above, the Planning Board is under no contractual obligation to grant or approve any request for a variance, waiver, or de minimis exception; however, the Township shall take all lawful and necessary steps to work with the Developer and the Planning Board to address any concerns so as to result in the terms of this Settlement Agreement being effectuated, as set forth in Section 5.2 herein. Obligation to Cooperate The Board acknowledges that, in order for Developer to construct its Inclusionary Project, it will be required to obtain any and all necessary and applicable agreements, approvals, and permits from all relevant public entities and utilities, including, but not limited to: the Township, the

it will be required to obtain any and all necessary and applicable agreements, approvals, and permits from all relevant public entities and utilities, including, but not limited to: the Township, the Township's Planning Board, Essex County, the Essex County Planning Board, the New Jersey Department of Environmental Protection, the New Jersey Department of Transportation, the applicable soil conservation district, and utility providers, including those approvals set forth in the ‘Township's ordinances and requirements imposed by the Township's land use boards. The Board agrees to use all reasonable efforts to assist Developer in its undertakings to obtain the required approvals. If Developer requests the Township's assistance regarding any required approvals, such assistance will be provided by the Township at Developer's expense. Obligation to Refrain from Imposing Cost Generative Requirements The Board agrees that the Board will not impose standards and/or requirements that have not been agreed to by the Parties and would otherwise be considered cost generative, to the extent that Developer maintains the Affordable Units, which are specifically considered to be creditworthy under the Mount Laurel doctrine, entitling the Project to such protections. Therefore, the Board will not impose unnecessary cost-generative features/requirements pursuant to N.J.S.A. 52:27D-304(v). 15