109-22 Developers Construction Agreement.pdf

1152-121 224456-3 4 excavation, curb removal, and road opening as well as any Township Soil Removal Permit which may be required. 2. The Developer agrees to be bound by all the terms and conditions of the Approval and applicable Township Ordinances, and to be bound by the testimony, representations, commitments, matters of fact and matters of law, as contained in the Resolution and / or which constitute the file and record of the Zoning Board, i.e., exhibits submitted in support of the application for the Approval, Zoning Board transcripts made in connection with the Approval and the Resolution. 3. The Development shall be in accordance with the MLUL, the LDO and the Residential Site Improvement Standards in effect as of the date of the Approval, except those provisions which are expressly waived by formal action of the Zoning Board as evidenced in the Resolution. It is expressly understood that unless a variance or waiver is specifically set forth in the language of the Resolution, no provision of the LDO is waived, even though there may be items on the Plans and supplementary documentation which may not be in strict compliance with the LDO. 4. Construction activity shall be prohibited on Sundays, New Year’s Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day, the first day of Rosh Hashanah and Yom Kippur. The Developer further agrees to restrict all construction activity for site work and exterior construction to the hours of 8 a.m. to 6 p.m. Monday through Friday and 8 a.m. to 4 p.m. on Saturdays (unless other more stringent restrictions have been adopted by the Township and, in which event, such stricter regulations shall apply). In addition, the Developer agrees to restrict all interior construction activity to the hours of 6:00 a.m. to 8:00 p.m., Monday through Friday, and 6:00 a.m. to 4:00 p.m. on Saturdays (unless other more stringent restrictions