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RESOLUTION OF AN “IF AND WHEN” AGREEMENT ASSOCIATED WITH A PASSAIC COUNTY PLANNING BOARD APPLICATION FOR A NEW SCHOOL.
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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 418 Mount Prospect Avenue, Block 55.03; Lot 1, Clifton, New Jersey 07012 (hereafter “Property”) for the construction of a new school; and
WHEREAS, St. Joseph’s RC Church (hereafter “Applicant/Owner”), whose address is 400 Mount Prospect Avenue, Clifton, New Jersey 07012, applied to the Passaic County Planning Board (hereafter “Board”) under File No. SP-24-009 for site plan approval for the Property; and
WHEREAS, a Site Plan, originally dated April 25, 2023, revised on June 20, 2024 (“Site Plan”), prepared by Dykstra Walker Design Group 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 dedicate five (5) feet of its property that extends thirty (30) feet from the roadway centerline towards the Project, at a later date when requested by the Passaic County Engineer (“hereafter “County Engineer”) or the Board, at no cost to the County; and
WHEREAS, If and when the County requests that the Applicant/Owner to dedicate five (5) feet of its property that is shown on the Site Plan prepared by Marc G. Walker, P.E., dated April 25, 2023, revised on March 20, 2024 (hereafter “Site Plan”), the Applicant/Owner must comply with the additional right-of-way dedication; and
WHEREAS, the site has frontage along Mount Prospect Avenue (CR 609) in Clifton.
WHEREAS, Mount Prospect Avenue has a Master Plan right-of-way of sixty (60) feet.
WHEREAS, the existing right-of-way at this location is fifty (50) feet.
WHEREAS, there is a five (5) foot discrepancy between the current right-of-way line and the Master Plan right-of-way line along the frontage of the property; and
WHEREAS, this Agreement was required by the Planning Board to allow for the County to request a right-of-way dedication at a future date; and
WHEREAS, the dedication would be provided 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; and
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 St. Andrews RC Church and the County of Passaic, as set forth above.
JDP August 13, 2024