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Council and borough engineer discuss Enclave townhouse paving, bond and sidewalk gaps near Bonneville Park
Summary
Borough engineer Tom briefed council on sidewalk gaps near Bonneville Park and the Enclave townhouse development’s temporary CO, pothole repairs, and the borough’s request for engineer certification on paving; the larger development bond has not been requested and may raise transfer/HOA questions.
Borough engineer Tom gave a project update focused on sidewalk connections and ongoing issues at the Enclave townhouse development, including temporary certificates of occupancy and unresolved bond and easement matters.
On sidewalks, the engineer noted missing segments near Bonneville Park and along Lindy Place that leave short gaps: "It needs, like, a 100 feet of sidewalk there," he said, and described difficulty obtaining an easement from the utility (Hackensack Water) that would allow the borough to finish the connection.
On the Enclave project, the engineer said the townhouse portion is operating under a temporary certificate of occupancy (TCO) while the developer addresses potholes and small landscaping repairs. Council members reported residents supplied photos of potholes; the borough has asked the developer's engineer to provide a certification that paving was done to the approved drawings and industry standards before issuing a final CO. The engineer said the borough has "put them on notice" and is reserving its rights under the development agreement but has not pursued further enforcement at this time.
Council and staff discussed whether developer‑side agreements automatically become part of homeowner association covenants; the engineer said they do not automatically transfer and cautioned homeowners to review transfer terms carefully. The transcript records that a larger bond tied to the development agreement has not yet been requested by the developer, and the borough therefore retains leverage while the final bond remains in place.
No formal enforcement action or litigation decision was announced; council members noted such disputes can become protracted and that the borough must weigh benefits and risks before escalating enforcement.
The council asked staff to continue monitoring the paving certification and bond status and to keep homeowners and the borough informed about transfer timing and HOA formation.
