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RESOLUTION AUTHORIZING AN “IF AND WHEN” AGREEMENT BETWEEN THE COUNTY OF PASSAIC AND MILKYWAY EDUCATION CENTER, INC. / PIONEER ACADEMY TO CONSTRUCT AND DEVELOP REAL PROPERTY LOCATED AT 164 TOTOWA ROAD, WAYNE, NEW JERSEY, BLOCK 501, LOT 21
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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 Passaic County Department of Planning and Economic Development is in receipt of a proposed Agreement (attached hereto) relating to premises located at 164 Totowa Road, Wayne, New Jersey, Block 501, Lot 21; and
WHEREAS, Milkyway Education Center Inc. / Pioneer Academy. (hereafter “Applicant”), whose address is 164 Totowa Road, Wayne, New Jersey, applied to the Passaic County Planning Board (hereafter “Board”) under File No. SP-23-003 for site plan approval for the Property; and
WHEREAS, a Site Plan, originally dated December 16, 2025, revised on September 2, 2026 (hereafter “Site Plan”), prepared by Daniel J. Dougherty, P.E., was submitted to the Passaic County Development Review Committee (hereafter the “DRC”) and received County DRC approval with conditions on October 7, 2026 (hereafter the “Conditional Approval Letter”) , attached hereto, withholding approval of the application, subject to certain terms and conditions as set forth therein; and
WHEREAS, the Conditional Approval Letter specifically requires the Applicant to enter into an agreement to dedicate two hundred sixty three (263) feet of its property that extends thirty three (33) feet from the right-of-way centerline towards the Project, at a later date when requested by the Passaic County Engineer or the County Board, at no cost to the County, up to the Master Plan right-of-way line of Totowa Road; and
WHEREAS, the agreement is required due to a discrepancy between the existing and Master Plan right-of-way lines along the Applicant’s frontage; and
WHEREAS, the attached Agreement has been reviewed by staff and deemed acceptable, and the most recent Conditional Approval Letter, dated October 7, 2026, is also attached for reference; and
WHEREAS, this matter was discussed at the November 5, 2026, 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 Board of County Commissioners of the County of Passaic 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 Milkyway Education Center Inc. / Pioneer Academy and the County of Passaic, as set forth above; and
LET IT BE FURTHER RESOLVED, that the Clerk to the Board, County Counsel, and the Director of the Board are authorized to take any other steps necessary to carry out the purpose of this Resolution.
ZMQ November 16, 2026