16-25
Introduced: June 26, 2025
Public Hearing: July 24, 2025
Status: Introduced
Please note: An Ordinance Authorizing the Acceptance of Certain Sanitary Sewer Facilities Constructed by or on Behalf of BH Brightview Randolph, LLC and Authorizing the Acceptance of the Bill Of Sale
- WHEREAS, N.J.S.A. 40A:12-4 authorizes a municipality to acquire capital improvements; and
- WHEREAS, N.J.S.A. 40A:12-5 requires that the acquisition of capital improvements by municipalities be accomplished by ordinance; and WHEREAS, N.J.S.A. 40A:12-5(a)(1) authorizes a municipality, by ordinance, to acquire real property by purchase, gift, devise, lease, exchange, condemnation, or installment purchase agreement; and
- WHEREAS, on December 5, 2013, the Township of Randolph (“Township”) entered into a certain Developer’s Agreement (“Developer’s Agreement”) with Shelter Development, LLC, the predecessor in title to BH Brightview Randolph, LLC (“Developer”), under the terms of which said Developer agreed to install, at its sole cost and expense, certain sanitary sewer facilities within the Township and as more particularly set forth in said Developer’s Agreement; and
- WHEREAS, the obligations set forth in the aforesaid Developer’s Agreement expressly extend to the parties “successors and assigns”; and
- WHEREAS, the Developer has completed construction of the sanitary sewer facilities, which are more particularly shown and described on the inventory of sanitary sewer improvements attached hereto as Schedule A and on the Plans and Specifications entitled Preliminary and Final Major Site Plan for Brightview Randolph, Block 111, Lots 19, 20 and 21, Township of Randolph, Morris County, New Jersey, containing 14 sheets, dated February 18, 2013, last revision date May 30, 2013, prepared by Omland Engineering Associates (“Plans and Specifications”); and
- WHEREAS, the sanitary sewer facilities completed by the Developer have been inspected by the Township Engineer; and WHEREAS, with regard to the sanitary sewer facilities described on Schedule A, all requisite tests have been satisfactorily completed and accepted by the Township Engineer, and all pertinent documents have been filed in a manner acceptable to the Township Engineer, all in accordance with the Land Development Ordinance of the Township of Randolph; and
- WHEREAS, the sanitary sewer facilities described on Schedule A have been satisfactorily completed according to the Township Engineer; and
- WHEREAS, the Developer submitted a Maintenance Guarantee with regard to the sanitary sewer facilities described on Schedule A, as set forth in the Developer’s Agreement and pursuant to Land Development Ordinance of the Township of Randolph, in a form satisfactory to the Township Attorney; and
- WHEREAS, the Township desires to accept the sanitary sewer facilities described on Schedule A and accept the Bill of Sale submitted by the Developer to convey same.
NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the Township of Randolph, County of Morris, State of New Jersey as follows:
The Township hereby accepts the sanitary sewer facilities identified on Schedule A attached hereto and constructed by or on behalf of the Developer. Such acceptance by the Township is expressly made contingent upon the successful performance by the Developer of all conditions and obligations set forth in the Developer’s Agreement and hereunder
The Mayor and Township Clerk are hereby authorized and directed to take any and all steps necessary to effectuate the purposes of this Ordinance.
The Township Engineer is hereby authorized and directed to take any and all steps necessary to file all forms with the New Jersey Department of Environmental Protection, if necessary, to activate approval and acceptance for use of the facilities by the New Jersey Department of Environmental Protection.
All ordinances of the Township of Randolph which are inconsistent with the provisions of this Ordinance are hereby repealed as to the extent of such inconsistency.
If any section, subsection clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid by any Court of competent jurisdiction, such decision shall not affect the remaining portion of this Ordinance.
This Ordinance shall take effect immediately upon final passage, approval and publication as provided by law.
Attest
Donna Marie Luciani, Township Clerk
Township of Randolph
Joe Hathaway, Mayor
Legal Notice
Township of Randolph, County of Morris
Ordinance No. 16-25
Notice is hereby given that an Ordinance entitled "An Ordinance Authorizing the Acceptance of Certain Sanitary Sewer Facilities Constructed by or on Behalf of BH Brightview Randolph, LLC and Authorizing the Acceptance of the Bill Of Sale" was submitted in writing at a regular meeting of the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, held on June 26, 2025 and was introduced, read by title and passed on first reading. A Statement of Purpose of the Ordinance is contained below. The Governing Body of the Township of Randolph will further consider the Ordinance for second reading and final passage thereof at their regular meeting to be held on July 24, 2025 at 6 p.m. prevailing time, at the Municipal Building, 502 Millbrook Avenue, Randolph, New Jersey 07869, at which time and place a public hearing will be heard thereon by the Governing Body and all parties in interest and citizens shall have an opportunity to be heard concerning said Ordinance.
Statement of Purpose of Ordinance
The purpose of the above Ordinance is to accept certain sanitary sewer facilities constructed by or on behalf of BH Brightview Randolph, LLC and to accept the Bill of Sale submitted by BH Brightview Randolph, LLC to convey same.
A copy of the full Ordinance is available to any member of the general public, without cost, at the Township of Randolph, Municipal Building, Millbrook Avenue, Randolph, New Jersey, at the Office of the Township Clerk, between the hours of 9:00 a.m. and 4:30 p.m.
Donna Marie Luciani, Township Clerk
Township of Randolph
County of Morris, State of New Jersey