CITY COUNCIL OF THE CITY OF ORANGE TOWNSHIP

PUBLIC NOTICE

 

Notice is hereby given that the following Ordinance was Introduced and passed on First Reading
on Tuesday, October 20, 2026. The Ordinance will be further considered on Second Reading
and Final Passage at the Regular Meeting of the Orange City Council to be held at City Hall, 29
North Day Street, Orange, New Jersey on Wednesday, November 4 2026 at 7:00 P.M. at which
time and place all persons who may be interested therein will be given an opportunity to be
heard concerning same. Information regarding remote access to the meeting may be found on
the City’s website at www.orangenj.gov. and Council’s website at www.orangetwpnjcc.org.
During the week prior to and up to and including the date of such meeting copies of the full
ordinance will be available at no cost and during regular business hours at the Clerk’s office or
on the Council’s website for the members of the general public who shall request the same.
2026

55-2026
AN ORDINANCE OF THE MUNICIPAL COUNCIL OF THE CITY OF ORANGE
TOWNSHIP, ESSEX COUNTY, NEW JERSEY, PURSUANT TO N.J.S.A. 40A:12-5
AUTHORIZING THE ACQUISITION OF REAL PROPERTY LOCATED AT BLOCK
5105, LOTS 1, 2, 3, 4 AND 5 ON THE CITY’S OFFICIAL TAX MAPS, COMMONLY
KNOWN, RESPECTIVELY, AS 539 NASSAU STREET, 541 NASSAU STREET, 456
SOUTH JEFFERSON STREET, 540 FOREST STREET AND 546 FOREST STREET
FROM THE PUBLIC SERVICE ELECTRIC AND GAS COMPANY FOR THE
AGGREGATE SUM OF $1.00 AND CLOSING COSTS NOT TO EXCEED $4,999.00, IN
ACCORDANCE WITH A REDEVELOPMENT AGREEMENT BETWEEN THE CITY
AND PUBLIC SERVICE ELECTRIC AND GAS COMPANY.
WHEREAS, the City of Orange Township (“City”) is a municipal corporation of the State of
New Jersey; and,
WHEREAS, N.J.S.A. 40A:12-5(a) authorizes a municipality to provide by ordinance for the
acquisition of any real property by purchase, gift, devise, lease, exchange, condemnation or otherwise, for
public purposes; and,
WHEREAS, the City and Public Service Electric and Gas Company, a New Jersey corporation
with offices at 80 Park Plaza, Newark, New Jersey, 07102 (“PSE&G”), are parties to a Redevelopment
Agreement dated December 3, 2021 (“RDA”), which provides, among other things, for the transfer of
certain real property by PSE&G to the City upon completion of the project contemplated by the RDA,
being construction of a new electrical power generation substation; and,
WHEREAS, the real property to be transferred by PSE&G to the City are contiguous parcels
designated on the City’s Official Tax Maps as: Block 5105, Lots 3, 4 and 5, commonly known,
respectively, as 539 Nassau Street, 541 Nassau Street and 456 South Jefferson Street (together, “Former
Substation Lot”); Block 5105, Lot 1, commonly known as 546 Forest Street; and Block 5105, Lot 2,
commonly known as 540 Forest Street (collectively, “Property”); and,
WHEREAS, the City and PSE&G have negotiated a Contract for Purchase and Sale of Real
Estate (“Contract”), appended hereto, embodying the terms and conditions for transfer of the Property,
under which the purchase price for the Property $1.00, subject to closing adjustments; and,
WHEREAS, the Former Substation Lot was previously used as an electrical substation, and
PSE&G performed environmental remediation of the Former Substation Lot to the Non-Residential

Ingestion/Dermal Soil Remediation Standards, and a Response Action Outcome (“RAO”) was
issued by a Licensed Site Remediation Professional retained by PSE&G on December 12, 2025, under
Program Interest No. 1054588 and ISRA Case No. E2024216413; and,
WHEREAS, the Contract provides that the City will acquire the Former Substation Lot as part
of the Property subject to the conditions of the RAO, including a recorded Deed Notice, a Classification
Exception Area/Well Restriction Area for groundwater established by the New Jersey Department of
Environmental Protection (“NJDEP”), NJDEP’s statutory right of access, and an Access Easement in
favor of PSE&G (collectively, “Environmental Restrictions”); and,
WHEREAS, the Contract further provides that, from and after closing: (a) the City shall
become the Primary Contact for Permit Compliance on Program Interest No. 1054588 and Soil Remedial
Action Permit No. RAP250001 (“DEP Permits”) and shall undertake the work, studies, reporting and
costs required under the RAO and the DEP Permits; (b) the City accepts the Property in “as-is, where-is,
with all faults” condition and assumes responsibility for any present or future environmental remediation
of the Property, and waives any right to require PSE&G to remediate the Property; (c) any future
development of the Former Substation Lot shall require the express written consent of PSE&G; and, (d)
PSE&G shall be notified within 5 days of any future sale of the Former Substation Lot; and,
WHEREAS, PSE&G has disclosed, pursuant to N.J.S.A. 56:8-19.2, that Block 5105, Lots 1, 3,
4 and 5 are located wholly or partially within the Special Flood Hazard Area according to Federal
Emergency Management Agency’s current flood insurance rate maps, and that Block 5105, Lot 2 has
previously experienced pooled water and drainage issues; and,
WHEREAS, Section 4(A) of the Contract conditions the conveyance upon the Municipal
Council’s adoption of an ordinance providing for acquisition of the Property in accordance with N.J.S.A.
40A:12-5; and,
WHEREAS, the Municipal Council finds that acquisition of the Property serves a valid public
purpose, and is in the best interests of the City and its residents.
NOW, THEREFORE BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE
CITY OF ORANGE TOWNSHIP, COUNTY OF ESSEX, STATE OF NEW JERSEY as follows:
Section 1 Recitals.
The foregoing recitals are incorporated herein as if set forth in full.
Section 2 Authorization to Acquire Real Property.
The City is hereby authorized to acquire from PSE&G all of PSE&G’s right, title and interest in and to
the Property. The purchase price for the Property is hereby approved in the amount of $1.00, subject to all
lawful closing adjustments, apportionments, fees, costs, and obligations allocated to the City under the
Contract. The acquisition shall be by voluntary purchase and conveyance and shall not, by virtue of this
Ordinance alone, authorize the exercise of eminent domain. Title shall be accepted in the condition and
subject to the exceptions, restrictions, easements, covenants, environmental controls, permit obligations,
and other matters set forth in the Contract and the deed delivered at closing.
Section 2 Approval of the Contract.
The Contract is hereby approved substantially in the form appended hereto, and the Mayor is authorized
to execute the Contract, and any written extension of the closing date permitted by Section 3(A) therein,
with such non-material changes as may be approved by the City Attorney.
Section 3 Environmental Obligations.
The City shall accept the Former Substation Lot subject to the Environmental Restrictions, and the Mayor
or his designee are authorized to: prepare, execute and accept the Access Easement in favor of PSE&G;
prepare, execute and submit to NJDEP, within 30 days of closing, all documents necessary for the City to

become the Primary Contact for Permit Compliance and the permittee on the DEP Permits; and,
undertake the monitoring, inspection, reporting and other obligations required under the RAO and the
DEP Permits and engage a Licensed Site Remediation Professional for that purpose in accordance with
the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.
Section 4 Authorization of Further Actions.
The Mayor and/or his designee(s) are each authorized and directed to execute, attest and deliver such
closing statements, affidavits, certificates and other documents, to accept delivery of the Deed and cause
it to be recorded in the Office of the Essex County Register of Deeds & Mortgages, and to take all such
further actions as may be necessary to effectuate acquisition of the Property in accordance with this
Ordinance, the Contract and all applicable law.
Section 5 Funding and Appropriation.
The sum of $1.00 for payment of the purchase price, plus an amount not to exceed $4,999.00 for lawful
costs associated with the acquisition (e.g., title insurance, surveys, environmental review, recording
charges, professional services, closing adjustments, permit-transfer expenses, etc.), is hereby authorized
and appropriated from Account No. , as certified by the Chief Financial Officer. Any
continuing expenses arising after closing shall be paid only from funds lawfully appropriated or otherwise
available for those purposes.
Section 6 Official Records.
Upon the recording of the Deed, the Tax Assessor and Tax Collector are directed to reflect the City’s
ownership of the Property on the City’s official tax rolls and to apportion taxes and assessments as of the
closing date in accordance with Section 12 of the Contract. Following closing, the City Clerk shall
maintain the original or an official copy of the Contract, Deed, Access Easement, Closing Statement, and
other material acquisition documents in the City’s official records.
Section 3 Severability of Ordinance Provisions.
Each Section of this Ordinance is an independent Section and any part hereof found unconstitutional, void
or ineffective for any cause shall not affect the validity or constitutionality of any other parts hereof.
Section 4 Conflicts and Inconsistencies.
All other Ordinances and parts of Ordinances that conflict or are inconsistent with this Ordinance are
hereby repealed, but only to the extent of such conflict or inconsistency.
Section 5 Effective Date.
Following final passage, this Ordinance shall take effect upon the expiration of 20 days after publication,
unless otherwise provided by the Municipal Council.
PURPOSE: To authorize acquisition of certain real property pursuant to a previously-

approved Redevelopment Agreement.

FISCAL IMPACT: ≤ $5,000.00