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RESOLUTION AUTHORIZING RIGHT OF WAY ENCROACHMENT PERMIT FOR BUILDING CORNER, EXISTING BUILDING CANOPY, AND EXISTING OVERHEAD SIGN BY WAYNE MILLS AT 686 MCBRIDE AVENUE IN THE BOROUGH OF WOODLAND PARK, NEW JERSEY PURSUANT TO N.J.S.A. 40:20-1
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WHEREAS, the County of Passaic (hereafter “County”) is a body politic and corporate pursuant to N.J.S.A. 40:18-1 and vested with all rights contained therein; and
WHEREAS, pursuant to N.J.S.A. 40:20-1 the Board of County Commissioners of the County of Passaic (hereafter “Board”) is vested with managing the property, finances, and affairs of the County; and
WHEREAS, the County of Passaic has a policy which prohibits the placement of encroachments on rights-of-way of the County of Passaic; and
WHEREAS, Wayne Mills submitted Right-of-Way Encroachment Permit Application as part of the Passaic County Planning Board application SP-24-020 for 686 McBride Avenue as required and is attached hereto and made a part hereof; and
WHEREAS, the encroachment consists of an existing building corner, existing building canopy, and an existing overhead sign which are within the County Right-of-Way which were reviewed by the Applicant’s licensed engineer or architect; and
WHEREAS, Wayne Mills (hereafter “Property Owner”), shall hold the County of Passaic and its agents and employees harmless for any damages incurred as a result of this encroachment. Upon proper notice from the County of Passaic, the Property Owner is to remove the encroachment at its expense should the County of Passaic require the use of the right-of-way for any other reason as may be required by the County of Passaic in the future; and
WHEREAS, should the Property Owner modify or abandon the need for this encroachment, the part containing the encroachment of the structures shall be removed and, thus, this encroachment permission within the County right-of-way shall cease to exist; and
WHEREAS, this matter was discussed at the December 11, 2024, meeting of the Public Works Committee and is being recommended to the Board for approval.
NOW, THEREFORE, LET IT BE RESOLVED, pursuant to N.J.S.A. 40:20-1, that the Board of County Commissioners of the County of Passaic authorizes the encroachment permit for property located 686 McBride Avenue by Wayne Mills in the Borough of Woodland Park subject to the above-stated terms and conditions.
BE IT FURTHER RESOLVED, that the aforesaid encroachment permit is not to be considered a change of policy by the County of Passaic and future requests for encroachment permit shall be considered on a case-to-case basis.
BE IT FURTHER RESOLVED, the Director, Clerk of the Board and County Counsel are hereby authorized to execute an Encroachment Agreement on behalf of Passaic County.
ZMQ December 30, 2024