Ordinance No. 16-09

Introduced: May 9, 2016
Public Hearing: May 23, 2016
Status: Adopted

An ordinance of the Township of Vernon, County of Sussex, and State of New Jersey accepting public improvements constructed for the CVS Pharmacy development, and further accepting deeds of right-of-way dedication for portions of properties designated as Block 144.01, former Lots 1 and 4, as said lots existed prior to subdivision

WHEREAS, First Hartford Realty Corporation (“Developer”) previously received Major Site Plan and Major Subdivision approval along with Ancillary Variance Relief and Exceptions from the Vernon Township Land Use Board (“Board”) to construct a CVS Pharmacy and associated parking on property designated as Block 144.01, Lots 1, 2, 3 and 4 on the Official Tax Maps for the Township of Vernon (“Township”) more commonly known as Route 94 and Main Street (“Property”); and

WHEREAS, as a condition of approval, the Township and Developer entered into a Developer’s Agreement (“Agreement”) on April 16, 2015, as amended October 29, 2015 which provided for the development and improvement of the Property; and

WHEREAS, in accordance with the Agreement, the Developer constructed certain public improvements including Bank Street and improvements along Main Street together with associated curbing, sidewalks and lighting, as illustrated on the Preliminary and Final Major Site Plan and Subdivision Plan prepared by Dynamic Engineering Consultants, P.C. dated July 30, 2014, last revised September 15, 2015; and

WHEREAS, the Township Engineer has inspected the completed improvements and recommends that said improvements be formally accepted by Township Council; and

WHEREAS, the Agreement further required that the Developer dedicate permanent right-of-ways for property located along Main Street and for the entire length of the newly constructed Bank Street as illustrated on the Final Major Subdivision Plat filed in the Sussex County Clerk’s Office on June 22, 2015 (“Registered Map No. 1477”), and more fully described in the Deed of Dedication for Right-of-Way (“Bank Street ROW”) attached hereto as Exhibit A and Deed of Dedication for Right-of-Way (“Main Street ROW”) attached hereto as Exhibit B filed in the Sussex County Clerk’s Office on October 7, 2015 in Deed Book 3373, Pages 260 and 253 respectively; and

WHEREAS, the aforesaid deeds were duly executed by Main Street Associates, Inc. and Vernon Town Center Associates, L.L.C. as owners of their respective properties; and

WHEREAS, prior to filing, the deeds for the Bank Street ROW and Main Street ROW were reviewed and approved by the Township Engineer and Board Attorney; and

WHEREAS, the Township Council deems it to be in the best interest of the Township to formally accept the Bank Street and Main Street public improvements, and further accept the deeds of dedication for the Bank Street ROW and Main Street ROW.

NOW THEREFORE, BE IT ORDAINED, by the Township Council of the Township of Vernon, in the County of Sussex, and State of New Jersey, as follows:

  1. The Bank Street public improvements constructed in accordance with the Preliminary and Final Major Site Plan and Subdivision Plan prepared by Dynamic Engineering Consultants, P.C. dated July 30, 2014, last revised September 15, 2015 for the CVS Pharmacy are hereby accepted by the Township of Vernon.
  2. The Main Street public improvements constructed in accordance with the Preliminary and Final Major Site Plan and Subdivision Plan prepared by Dynamic Engineering Consultants, P.C. dated July 30, 2014, last revised September 15, 2015 for the CVS Pharmacy are hereby accepted by the Township of Vernon.
  3. The Deed of Dedication for Right-of-Way (“Bank Street ROW”) attached hereto as Exhibit A from Main Street Associates, Inc. for a portion of the property designated as Block 144.01, Lot 4, as such former Lot 4 existed prior to subdivision on the Official Tax Maps of the Township of Vernon Township, is hereby accepted by the Township of Vernon.
  4. The Deed of Dedication for Right-of-Way (“Main Street ROW”) attached hereto as Exhibit B from Vernon Town Center Associates, L.L.C. for a portion of the property designated as Block 144.01, Lot 1, as such former Lot 1 existed prior to subdivision on the Official Tax Maps of the Township of Vernon Township, is hereby accepted by the Township of Vernon.
  5. In the event of any inconsistencies between the provisions of this Ordinance and any prior ordinance of the Township, the provisions hereof shall be determined to govern. All other ordinances of the Township are hereby ratified and confirmed, except where inconsistent with the terms hereof.
  6. If any article, section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this Ordinance and they shall remain in full force and effect.
  7. This Ordinance shall take effect immediately upon final passage and publication according to law.

Exhibits A & B