Settlement of Litigation Agreement 2020

protected for regeneration so that the Actual Tree Loss is reduced to less than zero: Ll. Credit for cach healthy major tree (Greater than 6” diameter) within the LOD that is protected in accordance with standard tree protection procedures during development and not removed as determined by the Township Forester, Credit for each tree planted as the result of an approved landscape plan in accordance with the definition of Major (Greater than 6” Diameter Breast Height) and Minor (Less than 6” Diameter Breast Height) trees, Require that trees be native species for full credit. Prohibit invasive species as defined by the New Jersey Department of Environmental Protection, or another approved source. Provide 4 credit for each tree planted that is a non-native species and is non-invasive. WEHI shail install thirty (30) acres of gated access deer fencing that is eight (8) feet in height in areas of the Subject Property outside of the LOD. Fenced area will be prioritized for location between the LOD and the West Essex Highlands Condominium Association (the “Association”) to maximize regrowth and to maximize native understory growth to intercept runoff. WEHI shall receive a credit against the Actual Tree Loss in an amount of 212 trees for each acre of deer fencing installed. If WEHI fulfills its obligation and installs the thirty (30) acres of deer fencing contemplated herein, then WEHI shall receive a credit against the Actual Tree Loss in the amount of 6,360 trees. a. Deer fencing will be maintained in perpetuity. It is the parties’ intent that the installation of thirty (30) acres of deer fencing alone will reduce the Actual Tree Loss to zero or less than zero. However, should the above items, including the deer fencing, fail to reduce the Actual Tree Loss to zero or less than zero, tree planting can be offered for other locations within the Township with priority to locations within the Association where trees are needed as designated by the Township Forester. If WEHI complies with the procedure set forth in this Site & Landscaping section, then WEHI shall have no further obligation regarding the xemoval or replacement of trees in connection with the construction of the Proposed Development, including but not limited to any replacement of trees or payment of fees which may otherwise be required by the Township’s Tree Protection and Removal Ordinance (Ordinance

of the Proposed Development, including but not limited to any replacement of trees or payment of fees which may otherwise be required by the Township’s Tree Protection and Removal Ordinance (Ordinance § 25-7) (the “Tree Ordinance”). The procedure set forth herein, if followed, shall serve as a substitute for the Tree Ordinance with respect to the Subject Property. . Nothing herein shall supplement: (1) the need for a landscape plan in connection with the Proposed Development to be considered and approved by the Planning Board in accordance with MLUL;