Settlement of Litigation Agreement 2020

EXHIBIT C DESIGN TERMS AND CONDITIONS WEHI shall implement the following design standards in constructing the Proposed Development: 1. General a. Reduce construction waste generation through separation of construction debris on site into separate containers for disposal or recycling. At a minimum, the following items wil] be separated for recycling: i. Corrugated Cardboard ti, Clean, untreated wood iii, Scrap Metals iv. Trees removed within the Limit of Disturbance (“LOD”). v. Soils ifremoved from site, b. Recycling: Design to accommodate recycling for tenants and to allow for the separation of solid waste from recyclable materials in accordance with the . Township’s recycling ordinance. Implement a continuous education program for recycling with new tenants, existing tenants, and guests. i. Program to include: 1. Posting of signage outlining the requirements of solid waste __ disposal. 2. Posting of signage outlining the requirements of the West Orange Recycling Ordinance and program. a. Signage subject to approval of the Township prior to installation, ¢, Cigarette Smoking Policy: Prohibition of smoking within 25 feet of all entries and prohibition of smoking within residential occupancies and all common areas. 2. Site & Landscaping: a. Implement a Tree Preservation and Replacement Plan in accordance with the following parameters: i, The tree density equals 212 trees per acre, as per the Tree Study. ii. The maximum LOD shal] not exceed thirty (30) acres, as per the Zoning Amendment (“Maximum LOD”). No LOD beyond the Maximum LOD shail be permitted under any circumstances. iii, If the Maximum LOD is achieved, the maximum tree loss will be 6,360 trees (212 trees multiplied by 30 acres) (“Maximum Permitted Tree Loss”). iv. If less than the Maximum LOD is achieved (“Actual LOD”), then the actual tree loss (“Actual Tree Loss”) will be calculated by multiplying 212 trees by the Actual LOD (for example, if only 25.5 acres are disturbed, then the Actual Tree Loss will be 5,406 trees), vy. WEHI will engage in tree planting and forest regeneration in accordance with the following activities, which are designed to provide credits against the Actual Tree Loss resulting in a net gain of trees planted and forest area