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RESOLUTION OF AN “IF AND WHEN” AGREEMENT ASSOCIATED WITH A PASSAIC COUNTY PLANNING BOARD APPLICATION FOR TOWNHOUSES.
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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 522 Valley Road, Block 32.01, Lot 12, Clifton, New Jersey 07013 (hereafter “Property”) for the construction of townhouses; and
WHEREAS, 522 Valley Estates, LLC (hereafter “Applicant/Owner”), whose address is 164 Getty Avenue, Clifton, New Jersey 07011, applied to the Passaic County Planning Board (hereafter “Board”) under File No. SP-24-023 for site plan approval for the Property; and
WHEREAS, a Site Plan, originally dated May 22, 2023, revised on May 29, 2024 (hereafter “Site Plan”), prepared by Afton M. Savitz, 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, dated June 14, 2024, specifically requires the Applicant to enter into an agreement to provide a right-of-way dedication for the full half-width of the Master Plan right-of-way at a later date if and 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 for the full half-width of the Master Plant right-of-way property that is shown on the Site Plan, the Applicant/Owner must comply with the additional right-of-way dedication; and
WHEREAS, the site has frontage along Valley Road (CR 621) in Clifton; and
WHEREAS, Valley Road has a Master Plan right-of-way of sixty (60) feet; and
WHEREAS, the existing right-of-way at this location is fifty (50) feet; and
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 the 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 August 28, 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 522 Valley Estates, LLC and the County of Passaic, as set forth above.
JDP September 10, 2024