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RESOLUTION OF AN “IF AND WHEN” AGREEMENT ASSOCIATED WITH A PASSAIC COUNTY PLANNING BOARD APPLICATION FOR A BANQUET HALL.
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WHEREAS, the Passaic County Department of Planning and Economic Development is in receipt of a proposed Agreement (attached hereto) relating to premises located at 38 Lackawanna Avenue, Block 131; Lots 1 & 4, Totowa, New Jersey 07512 (hereafter “Property”) for the construction of a banquet hall; and
WHEREAS, The Grand (hereafter “Applicant/Owner”), whose address is 38 Lackawanna Avenue, Totowa, New Jersey 07512, applied to the Passaic County Planning Board (hereafter “Board”) under File No. SP-23-045 for site plan approval for the Property; and
WHEREAS, a Site Plan, originally dated April 26, 2022, revised on March 11, 2024, (“Site Plan”), prepared by J. Michael Petry, P.E., was summitted to the Board, received a review letter (hereafter “Site Plan Review Letter” attached hereto) withholding approval of the application, subject to certain terms and conditions as set forth therein; and
WHEREAS, the Site Plan Review Letter, specifically requires the Applicant to enter into an agreement to install a sidewalk at a later date, if and when requested by the Passaic County Planning Engineer (hereafter “County Engineer”) or the Board, at no cost to the County; and
WHEREAS, the site has frontage along Lackawanna Avenue (CR 632) in Totowa. There is no existing sidewalk along the Lackawanna Avenue frontage of the site; and
WHEREAS, this Agreement was required by the Planning Board to allow for the County to request the installation of a sidewalk at a future date; and
WHEREAS, the sidewalk would be installed by the property owner if and when requested by the County and at no cost to the County; and
WHEREAS, the attached Agreement has been reviewed by staff and the most recent Planning Board Review Letter is also attached for reference.
WHEREAS, the Applicant/Owner shall confer and cooperate with the County with respect to all maintenance decisions concerning the foregoing; and
WHEREAS, this matter was discussed at the July 31, 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 “If and When” Agreement by and between The Grand and the County of Passaic, as set forth above.
JDP August 13, 2024