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RESOLUTION FOR AN “IF AND WHEN” AGREEMENT ASSOCIATED WITH PASSAIC COUNTY PLANNING BOARD APPLICATION TO CONSTRUCT AND DEVELOP REAL PROPERTY WITH FRONTAGE ALONG HALEDON AVENUE (CR 504) IN HALEDON, 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 396 Haledon Avenue, Block 85; Lot 6.01, in Haledon, New Jersey 07508 (hereafter “Property”) to construct a proposed restaurant; and
WHEREAS, Jeffrey Perez (hereafter “Applicant”), and Managing Member of 396 Haledon, LLC, whose address is 396 Haledon Avenue, Haledon, NJ 07508, applied to the Passaic County Planning Board (hereafter “Board”) under File No. SP-25-002 for site plan approval for the Property; and
WHEREAS, a Site Plan, originally dated September 16, 2024, revised on May 14, 2025 (hereafter “Subdivision Plan”), prepared by Jonathan R, Istranyi, P.E. (N.J. Lic. No. 51968), was summitted to the Board and 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 provide a future dedication to the County for the Haledon Avenue Master Plan Right-of-Way, if and when requested by the County Engineer or the County Board; and
WHEREAS, the parties understand and acknowledge that the Master Plan provides for a variable width right-of-way of 66 to 80 feet and is depicted on the Applicant’s Site Plan; and
WHEREAS, the Parties further understand and acknowledge that the Applicant’s Site Plan provides a variable width right-of-way in partial compliance with the Master Plan right-of-way, leaving the Applicant with providing for an additional future right-of-way dedication of 13 to 16 feet; and
WHEREAS, the parties further understand and acknowledge that, if and when, the County Engineer or the County Board demand the additional right-of-way dedication, Applicant will be required to submit a right-of-way dedication up to the Master Plan right-of-way line indicated on Applicant’s Site Plan; and
WHEREAS, the attached Agreement has been reviewed by staff and the most recent Planning Board Review Letter, dated June 16, 2025, is also attached for reference.
WHEREAS, the Applicant 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 3, 2025 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 Jeffrey Perez and the County of Passaic.
JDP July 15, 2025