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RESOLUTION AUTHORIZING A HOLD HARMLESS 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) by and between the County of Passaic (hereafter “County”) and Milkyway Education Center Inc. / Pioneer Academy (hereafter “Applicant”) to construct and develop real property on a Passaic County roadway located at 164 Totowa Road, Wayne, New jersey Block 501, Lot 21 (hereafter “Project”); and
WHEREAS, Applicant filed an Application under File No. SP-23-003 for Site Plan Approval (hereafter “Application”), and 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 and received a review letter (hereafter “Conditional Approval Letter”) granting conditional approval of the Application, subject to certain terms and conditions set forth therein, attached hereto; and
WHEREAS, the slope of the Applicant’s driveway is graded in such a manner that all stormwater, silt, and debris would flow away from the County right-of-way; and
WHEREAS, in lieu of requiring modifications to the driveway, the County Planning Board required the Applicant to enter into an agreement to protect and hold the County harmless for any and all damage caused to Applicant’s Property in connection with any stormwater, silt, or debris that enters the Applicant’s Property from the County right-of-way; and
WHEREAS, the Applicant submits the Agreement to comply with the terms of the Site Plan Approval; and
WHEREAS, the Agreement has been reviewed by County staff and deemed acceptable; and
WHEREAS, the Agreement, the referenced review letter, and the grading plan are all attached to this Resolution; 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 Hold Harmless Agreement by and between the County of Passaic and Milkyway Education Center Inc. / Pioneer Academy, as set forth above.
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