title
RESOLUTION OF AN “IF AND WHEN” AGREEMENT BETWEEN PASSAIC COUNTY AND HOLY INSTITUTION PANAGIA SOUMELA APPLICANT/OWNERS OF 253 MARSHALL HILL ROAD, BLOCK 6404, LOT 10, TOWNSHIP OF WEST MILFORD, NEW JERSEY
body
WHEREAS, the Passaic County Department of Planning and Economic Development is in receipt of a proposed Agreement (attached hereto) relating to premises located at 253 Marshall Hill Road, Block 6404, Lot 10, Township of West Milford, New Jersey (hereafter “Property”); and
WHEREAS, a Site Plan, originally dated September 11, 2020, revised as of April 10, 2023, (“Site Plan”), prepared by J.R. Houser, P.E. (N.J. License No. 47477) of Houser Engineering LLC, was submitted for approval to the Passaic County Planning Board (“County Board”), and received County Board approval with conditions on June 18, 2024 (“Site Plan Approval”), subject to certain terms and conditions set forth therein; and
WHEREAS, the Site Plan Approval, specifically requires the Applicant to enter into an “If and When” Agreement to dedicate 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 (hereafter “County Engineer”) or the County Board, at no cost to the County; 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; and
WHEREAS, if and when the County requests that the Applicant/Owners dedicate the additional eight (8) feet of its property extending thirty-three (33) feet from the roadway centerline towards the Project that is shown on the Site Plan, the Applicant/Owner must comply with the additional right-of-way dedication; and
WHEREAS, in consideration of the County Board’s Site Plan Approval, Applicant agrees to provide a future dedication to the County for the Marshall Hill Road Master Plan Right-of-Way, if and when requested by the County Engineer or the County Board; and
WHEREAS, the Master Plan currently provides for a right-of-way of 66 feet and is depicted on the Applicant’s Site Plan; and
WHEREAS, the Applicant’s Site Plan provides a fifty (50) foot wide right-of-way in partial compliance with the sixty-six (66) foot wide Master Plan right-of-way, leaving the Applicant with providing for an additional future right-of-way dedication equal to eight (8) feet; and
WHEREAS, this matter was discussed at the March 27, 2025, meeting of the Planning and Economic Development Committee and is being recommended to the Passaic County Board of County Commissioners for approval;
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 the County of Passaic and Holy Institution Panagia Soumela, as set forth above.
ZMQ April 8, 2025