Waldwick June 10, 2009 THE VILLADOM TIMES III • Page 5 Farm Estates responsible for own garbage collection The developer of Farm Estates in Waldwick, not the municipality, is responsible for solid waste collection and other services in the development until a majority of the project is completed. Borough Administrator Gary Kratz recommended to the mayor and council recently that a memorandum of understanding be executed with developer Robert Gallo so that this and other issues are clear. “Come winter and the units are snowbound, I want Mr. Gallo to understand that it is his responsibility,” Kratz explained. Under state law, Kratz said, the town would not be responsible for services until 50 percent of the total number of units is occupied. This could be a while, he noted, considering that only 14 of the total 56 units have been built. Three of the units are now occupied, and the developer is in the process of selling the remaining units in the two buildings which are finished. Attorney Craig Bossong cited a 1996 Supreme Court decision in supporting the town’s position. In a case where a condo association had argued that a town cannot relegate the delivery of services to the developer, the court ruled that the municipality cannot be forced to provide the services when it is not receiving the taxes to pay for those services. “The question was, Is it fair for the town to eat the costs when the developer maintains control?” Bossong told the mayor and council. Councilman Frank Palladino asked why the agreement had not been signed sooner. Kratz explained that the homes were only now being occupied and that there is no requirement for it until the 50 percent threshold is reached. “The agreement can serve as the basis for the condominium association,” Kratz said. The municipality is required to provide municipal services to condominium associations the same as those provided to single family detached dwelling units. In addition to garbage collection, services include street maintenance, lighting, recycling, etc. ���������������������������������� ��������������������������������������������������� ������������������������������������������������������� ������������������������������������������������������������������������� ���������� ������������������������� The new Hospice facility at the former Villa Marie Claire in Saddle River is looking to have sanitary sewer connection through Waldwick. Borough Administrator Gary Kratz said that the borough has reached conceptual agreement with Holy Name Hospital, which now owns the former group residence for older adults and retired nuns on Saddle River Road, to interconnect into the Waldwick sewer system. The Span- Villa Marie Claire Hospice seeks sewer connection ish-style villa is being renovated into 20 units for terminally-ill patients. The $3 million project is expected to be completed by the early part of 2010. 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