Council debates sidewalk gaps, easement limits and developer bond issues at Enclave

Councilors pressed the borough engineer and DPW on persistent sidewalk gaps and private‑development paving issues that affect pedestrian safety.

The engineer explained that Hackensack Water (a utility) had historically placed a moratorium on rights transfers after divesting watershed property, which has prevented the borough from obtaining an easement to connect a short segment of sidewalk. “At some point in that process, they put a moratorium on giving anybody any rights to their property,” the engineer said, explaining why the borough had been unable to secure the easement needed to finish a 50‑foot section.

Separately, residents of the Enclave submitted letters and photos documenting potholes and unfinished paving. The engineer said the project is on a temporary certificate of occupancy (TCO) for some units; a smaller landscaping bond refund request was granted while a larger development bond tied to the development agreement remains outstanding and has not been requested by the developer. The borough has put the developer on notice and reserved its rights under the development agreement, the engineer said, but cautioned that pursuing enforcement could trigger prolonged litigation.

Councilors urged clear communication with homeowners as the HOA transition approaches and recommended careful review of developer agreements before transfer of control to homeowners associations.