238-26 - 410 Main Settlement.pdf

Planning Board, Essex County, any outside agency, or any condition of approval, except as expressly provided otherwise in this Agreement. Developer shall implement all parking, traffic, access, and off-site improvement measures agreed upon by the Parties and/or required by any approval, including: a. construction and maintenance of no fewer than nineteen (19) on-site parking spaces, with the area formerly proposed as ground floor commercial space in the Prior Application to be converted to structured/underground parking; b. purchase and annual repurchase by Developer of five (5) municipal parking permits at the standard municipal rate (to the extent the permits are available for purchase), in accordance with Paragraph 1.3(e) herein; c. installation and maintenance by Developer of a pedestrian warning device for vehicles exiting the parking garage; d. maintenance of the 5.14-foot setback from Park Drive North as shown on Developer’s concept plan; e. delivery, loading, trash pickup, private hauler, rideshare, curb management, and similar operational measures required by the Planning Board or outside agencies; and f. any other traffic, parking, access, utility, or site mitigation measures required by the Planning Board, Township professionals, Essex County, or any outside agency. The Township agrees to use reasonable efforts to assist Developer in its undertakings to obtain required approvals for the parking, traffic, access, and off-site improvements described in this Section. If Developer requests the Township's assistance regarding any required approvals, such assistance will be provided by the Township at Developer's expense, and any municipal consents or approvals required for such improvements shall not be unreasonably withheld, conditioned, or delayed where the Township has authority to issue same and where issuance is consistent with applicable law. No temporary certificate of occupancy, certificate of occupancy, rental certificate, or other occupancy authorization shall be issued until all required parking, traffic, access, utility, stormwater, safety, and off-site improvements have been completed, bonded, inspected, or otherwise addressed to the satisfaction of the Township and any outside agency

rking, traffic, access, utility, stormwater, safety, and off-site improvements have been completed, bonded, inspected, or otherwise addressed to the satisfaction of the Township and any outside agency having jurisdiction, to the extent permitted by law. ARTICLE III - TOWNSHIP OBLIGATIONS 12