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RESOLUTION AUTHORIZING A HOLD HARMLESS AGREEMENT BETWEEN THE COUNTY OF PASSAIC AND PASSAIC VALLEY WATER COMMISSION AT 800 UNION BOULEVARD, TOTOWA; BLOCK: 181, LOT: 3.
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WHEREAS, the Passaic County Department of Planning and Economic Development is in receipt of a proposed Agreement (attached hereto) by and between the County of Passaic (hereafter “County”) and Passaic Valley Water Commission, Little Falls Water Treatment Plant Residuals Handling Facility (hereafter “Applicant”) holding the County harmless for any and all stormwater, silt or debris that enters Applicant’s property from the County right-of-way; and
WHEREAS, Applicant applied to the Passaic County Planning Board (hereafter “Board”) under File No. SP-23-008 for site plan approval for construction at 800 Union Boulevard, Totowa; Block 2000, Lot 1, Totowa, New Jersey (hereafter “Property”); and
WHEREAS, the Board granted conditional approval for the application subject to the Applicant entering into a Hold Harmless Agreement, as memorialized in the Board’s February 5, 2024, correspondence (attached hereto); and
WHEREAS, the Applicant’s driveway front on Union Boulevard and Riverview Drive are CR 646 and CR 640 are both County roads; and
WHEREAS, both the site driveways along Union Boulevard and Riverview Drive driveway #2, slope into the site in excess of two (2%) percent within fifty (50’) feet of the County’s right-of-way line; and
WHEREAS, the Board has granted a waiver of this requirement on the condition that the Applicant shall enter into a Hold Harmless Agreement, indemnifying the County against any claims for damages caused by stormwater, silt, or debris that enters the site from the County right-of-way; and
WHEREAS, the Agreement has been reviewed by the County Staff and deemed acceptable; and
WHEREAS, this matter was discussed at the May 8, 2024, meeting of the Planning and Economic Development Committee and is being recommended to the Passaic County Board of County Commissioners for approval;
NOW, THEREFORE, LET IT BE RESOLVED, by the Passaic County Board of County Commissioners that the County Commissioner Director and Clerk of the Board be and are hereby authorized to execute the attached Agreement by and between the County of Passaic and Passaic Valley Water Commission, Little Falls Water Treatment Plant Residuals Handling Facility as set forth above.
LET IT FURTHER BE RESOLVED, that the Clerk to the Board, the County Counsel, the Director of the Board and the Director of the Planning Board & Economic Development are authorized to take any other steps necessary to carry out the purpose of this Resolution.
JDP May 21, 2024