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RESOLUTION FOR AN “IF AND WHEN” AGREEMENT ASSOCIATED WITH PASSAIC COUNTY PLANNING BOARD APPLICATION FOR A PROPOSED TESLA SALES AND SERVICE CENTER WITH FRONTAGE ALONG RIVERVIEW DRIVE (CR 640) IN 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 545 Route 46 West, Totowa, New Jersey, Block 170, Lot 3 in Totowa, New Jersey 07512 (hereafter “Property”) for a proposed Tesla sales and service center; and
WHEREAS, Totowa UE LLC (hereafter “Applicant”), whose address is 12 E 49th Street, 44th Floor, New York, New York 10017, applied to the Passaic County Planning Board (hereafter “Board”) under File No. SP-24-032 for site plan approval for the Property; and
WHEREAS, a Site Plan, originally dated April 3, 2024, and a County Road Plan, originally dated February 7, 2025, revised on June 4th, 2025 (“County Road Plan”), attached herein, both prepared by Patrick D. McClellan, P.E., were submitted for approval to the Passaic County Planning Board (“County Board”), received County Board approval with conditions on June 12, 2025 (“Site Plan Approval”), subject to certain terms and conditions set forth therein; and
WHEREAS, the subject property has frontage along Riverview Drive, a roadway under Passaic County jurisdiction; and
WHEREAS, the Site Plan Review Letter, specifically requires the Applicant to enter into an agreement to dedicate up to eight (8) feet of its property that extends thirty three (33) feet from the roadway centerline towards the Project, at a later date when requested by the Passaic County Engineer (“County Engineer”) or the County Board, at no cost to the County; and
WHEREAS, the parties understand and acknowledge that the Master Plan provides for a right-of-way of sixty-six (66) feet and is depicted on the Applicant’s County Road 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 up to eight (8) 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 September 11, 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 Totowa UE LLC and the County of Passaic.
ZMQ September 30, 2025