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RESOLUTION OF AN “IF AND WHEN” AGREEMENT BETWEEN TILCON NEW YORK INC, THE BOROUGH OF TOTOWA AND THE COUNTY OF PASSAIC, APPLICANTS/OWNERS OF 859 RIVERVIEW DRIVE, BLOCK 171, LOTS 12, 12.01, 12.02 & 13, TOTOWA, NEW JERSEY.
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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 859 Riverview Drive, Block 171, Lots 12, 12.01, 12.02 & 13, Totowa, New Jersey (hereafter “Property”); and
WHEREAS, Tilcon New York, Inc., whose address is 9 Etin Road, Parsippany, New Jersey 07054, the Borough of Totowa, whose address is 537 Totowa Road, Totowa, New Jersey 07505, and the County of Passaic, whose address is 401 Grand Street, Paterson, New Jersey 07505 (hereafter “Applicants/Owners”), applied to the Passaic County Planning Board (hereafter “Board”) under File No. SP-22-070 for an existing asphalt batch plant; and
WHEREAS, on April 23, 2024, the Board issued a conditional approval, copy attached, requiring the Applicants to satisfy several conditions, one of which is that the Applicants/Owners shall enter into an “If and When” Agreement to install a 5-foot sidewalk and a 3-foot grass strip along the Riverview Drive frontage of the site; and
WHEREAS, the Board required Applicants/Owners to enter into an Agreement to ensure Applicant’s/Owner’s compliance and performance of its obligations under the conditional approval;
WHEREAS, if and when the County requests that the Applicants/Owners to install a 5 foot side and a 3 foot strip along Minnisink Road frontage at a later date as shown on the present Site Plan prepared by Robert Benedetto, P.E., dated March 18, 2024 (hereafter “Site Plan”), the Applicants/Owners must comply with the variable right-of-way width along both Riverview Drive and Minnisink Road and any variations in right-of-way width must be indicated in the correct location along both frontages; and
WHEREAS, the Applicants/Owners shall confer and cooperate with the County with respect to all maintenance decisions concerning the foregoing; and
WHEREAS, this matter was discussed at the October 9, 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 Tilcon New York Inc, the Borough of Totowa and the County of Passaic, as set forth above.
JDP October 22, 2024