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Clark authorizes Chase Bank developer agreement; council cites OPRA deliberative exemption for drafts
Summary
Council authorized the mayor and clerk to execute a developer agreement with 1180 Raritan LLC for a Chase Bank site and explained why the agreement draft was not released under OPRA, calling it deliberative intra‑agency material under NJ statute.
The Township Council on Aug. 18 authorized the mayor and township clerk to execute a developer agreement with 1180 Raritan LLC related to construction of a Chase Bank on a site in the Chili’s/ Hackensack Meridian parking area. Council members said the agreement memorializes planning board approvals and sets conditions for site improvements, bonds, inspections and maintenance guarantees.
Business Administrator Jim described the agreement as an implementation document that “memorialize[s] all of the approvals that went through from the planning board,” and said it is intended to record the developer’s obligations — including site improvements, stormwater maintenance, landscape and parking conditions, performance bonds, inspection and maintenance escrows and a two‑year maintenance guarantee. He added that the agreement requires compliance with permits and approvals from agencies such as Union County, the Rahway Valley Sewerage Authority (RVSA) and the New Jersey Department of Environmental Protection before permits will be issued.
Jim described the project as a roughly 3,368‑square‑foot Chase Bank with a drive‑through. The agreement requires the developer to provide as‑built drawings, maintain insurance (with the township as additional insured and a 60‑day cancellation notice), and pay inspections, bonds and required fees including sewer connection charges and affordable‑housing payments, where applicable.
Some residents had sought to view the draft agreement before council action. Council member O'Connor explained the township’s position on public‑records requests, citing the statutory deliberative exemption and noting that intra‑agency advisory and deliberative materials are exempt from disclosure under the Open Public Records Act. “It was it's a deliberative document at that point. ... Not because of the township of Clark, because that's New Jersey statute,” O'Connor said, referencing NJSA 47:1A‑1.1 and the OPRA denial reasons that include “intra‑agency advisory, consultative or deliberative material.”
Council members voted to authorize execution of the agreement. The council recorded affirmative roll call votes and approved the resolution to execute the developer agreement.
