Ordinance No. 21-37

Introduced: November 22, 2021
Public Hearing: December 13, 2021
Status: Pending

An Ordinance of the Township of Vernon, County of Sussex, and State of New Jersey Accepting Dedication of Upper Plateau Drive and Murphy Court

WHEREAS, Woodmont Homes, Inc. ("Applicant") applied for and received Preliminary Major Subdivision, dated August 28, 1991 and Final Major Subdivision on December 10, 2003 on Block 192 Lots 9 & 10 and Block 192.04 Lot 5; and

WHEREAS, a Developer's Agreement was entered into by Woodmont Homes, Inc. and the Township of Vernon and on April 24, 2008 for the site improvements to be completed by Woodmont Homes, Inc. for the Final Major Subdivision ("Whispering Woods'') as per the approved Final Plat dated March 23, 2008 prepared by R. Henry Huelsebusch, P.E. ("Original Agreement''); and

WHEREAS, the Original Agreement expired oil April 24, 2010 and an Extension of the Developer's Agreement was entered into by Woodmont Homes, Inc. and the Township of Vernon on January 12, 2011 ("Extension Agreement"); and

WHEREAS, Woodmont Homes, Inc. filed for bankruptcy protection in 2011; and

WHEREAS, thereafter, the site repairs remained unfinished and the Township of Vernon was forced to call the performance bond and use the funds from the bond and the additional cash bond to complete roadway drainage repairs, detention basin repairs to Basins #1 and #2, and resurface the majority of Upper Plateau Drive and all of Murphy Court; and

WHEREAS, RDR Associates purchased the interests that Woodmont Homes, Inc. held in the nine (9) remaining buildable buildable lots in Whispering Woods known as Lots 12, 13, 14, 15, 16, 17, 19, 20 and 21 in Block 192.05, (''Nine Remaining Lots''); and

WHEREAS, the Township Council entered into a Developer's Agreement with RDR Associates to provide for the completion of the remaining repairs and paving to Upper Plateau Drive and the final repairs to Basin #3; and

WHEREAS, the Whispering Woods Homeowners' Association ("WWHOA") has requested that the Township now accept the Upper Plateau Drive and Murphy Court roadways as approved by the Township; and

WHEREAS, the Township Engineer having inspected all of the improvements made in connection to the subdivision that created the Upper Plateau Drive and Murphy Court roadways has made the recommendation that the Township Committee accept both roadways and all associated improvements;

WHEREAS, the Township Council of the Township of Vernon seeks to accept the dedication of Upper Plateau Drive and Murphy Court and all associated improvements.

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:

SECTION 1. The Township of Vernon hereby accepts the dedication of the Upper Plateau Drive and Murphy Court right-of-ways and all associated roadway improvements as inspected by the Township Engineer and as constructed as part of the Final Major Subdivision per the approved Final Plat dated March 23, 2008 prepared by R. Henry Huelsebusch, P.E.

SECTION 2. Each section of this ordinance is an independent section, and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity of constitutionality of any other sections or parts thereof.

SECTION 3. Any ordinances or parts thereof in conflict with the provisions of this Ordinance are hereby repealed as to their inconsistencies only.

SECTION 4. This Ordinance shall take effect immediately upon final passage, approval, and publication by law.