A.
All developments shall conform to design standards encouraging sound
development patterns within the Village. Where an Official Map and/or
Master Plan have been adopted, the development shall conform to them.
B.
Character of the land. Land identified in the Master Plan as critical
areas or having severe or moderate soil characteristics, particularly
as the land relates to flooding, improper drainage, shallow depth
to water table, steep slopes, rock formations, utility easements or
similar features, shall not be used as buildable areas unless adequate
and acceptable methods are formulated by the developer to solve the
problems by methods meeting this chapter and all other regulations.
A.
Within any residential district, no building with permitted professional
office or other home occupation shall be constructed or altered so
as to be inharmonious with the residential character of the adjacent
residential areas.
For fire, rescue and other emergencies, all principal buildings
in all districts shall be clearly identified as to house or street
number by means of an unobstructed sign clearly visible and legible
from the main abutting street.
Concrete curbs shall be installed along all streets. The standard
curb section shall be 10 feet in length, with preformed expansion
joint material on not more than twenty-foot centers and shall be set
in accordance with approved lines and grades, and radial curbs shall
be formed in a smooth curve. Chord segments are prohibited. The finish
shall be a smooth float finish with corners rounded. Concrete curbs
shall be six inches by nine inches by 18 inches (six-inch exposed
face), using Class B concrete having a twenty-eight-day compressive
strength of 4,000 pounds per square inch, and shall be air entrained.
No driveway curb cut shall exceed 16 feet maximum. The curbing shall
be designed to provide barrier-free curb ramps constructed in accordance
with the "Design Standards for Curb Ramps for the Physically Handicapped"
of the New Jersey Department of Transportation.
All streets shall be designed to accommodate storm drainage
along streets. Any system shall be adequate to handle all water which
originates within the development and beyond, calculated on the basis
of maximum potential development as permitted under this chapter.
No water shall be diverted so as to overload existing drainage systems
or create flooding or the need for additional drainage structures
on other lands without proper and approved provisions being made for
taking care of these conditions, including off-tract improvements.
A.
A fifty-year storm curve shall be used in computing stormwater runoff.
B.
The pipe size shall be determined by acceptable engineering design
procedures but not be less than 15 inches in diameter.
C.
Drainage inlets shall be located as directed by the Municipal Engineer,
but generally at intervals of not more than 400 feet or such shorter
distances as required to prevent the flow of surface water from exceeding
six cubic feet per second at the drainage inlet. Access manholes shall
be placed at maximum 500-foot intervals throughout the system and
at pipe injunctions.
D.
Storm drainpipes running longitudinally along streets shall not be located under curbing. Where storm drain pipes are installed outside of streets, easements or rights-of-way shall be required in accordance with § 96A-30.
E.
Storm drainpipes shall be laid to the exact lines and grades approved
by the Municipal Engineer. Specifications for manholes, inlets and
storm drains shall follow the New Jersey Department of Transportation
Standard Specifications for Road and Bridge Construction, 2019, as
amended.
F.
Where any development is traversed by a watercourse or drainage ditch, a drainage right-of-way easement shall be dedicated to the Village conforming substantially with the lines of such watercourse. A minimum of 15 feet beyond the bank top on at least one side shall be provided for access to the drainage right-of-way. (See § 96A-30.)
G.
All developments shall incorporate on-site stormwater facilities that will result in stormwater leaving the property at the same rate that existed prior to the development. All measures shall comply with the soil erosion and sediment control provisions in § 96A-43. Grading shall direct drainage away from all buildings, prevent the collection of water in pools and avoid the concentration of stormwater from one lot to another.
H.
Where the amount of runoff determined by the Municipal Engineer is
sufficient to justify detention of peak flow, one or more detention
basins shall be required. Each detention basin shall have a capacity
to accept all surface water directed to it from a six-inch rain in
24 hours, with outlets to permit complete draining of the maximum
capacity of the detention basin in not more than 36 hours.
Easements shall be along the side and/or rear property lines
where possible, shall not be less than 15 feet wide, shall be dimensioned
on the plat and shall be identified as follows: "_____ easement granted
to the Village of Ridgefield Park as provided for in the Ridgefield
Park Development Regulations Ordinance."
A.
An environmental impact report shall be submitted for each preliminary
subdivision, preliminary site plan and use variance that meets the
following criteria:
(1)
Any multifamily development with a minimum of 50 dwelling units.
(2)
Any retail or commercial development proposing a minimum of 25,000
gross square feet.
(3)
Any office development proposing a minimum of 50,000 square feet.
(4)
Any industrial or warehouse development proposing a minimum of 75,000
square feet. The approving authority may, however, require the submittal
of an environmental impact report if circumstances or conditions dictate
such submittal, in the opinion of the authority.
B.
This report shall include:
(1)
A description of the development, specifying what and how it is to
be done during construction and operation, and practical alternate
plans to achieve the objective(s).
(2)
An inventory of on-site environmental conditions and an assessment
of the probable impact of the development upon them: water supply;
geology; soils and properties thereof, including capabilities and
limitations; sewerage; topography; vegetation; noise characteristics
and levels; land use; storm water management, traffic, visual impacts
and aesthetics. Air and water quality shall be described with reference
to standards of the New Jersey Department of Environmental Protection.
(3)
The report shall also discuss the impacts on the local and migratory bird populations from the proposed building glass and provide mitigation efforts in accordance with the Bird Protection Ordinance (§ 96A-47).
(4)
A list and the status of the approvals needed from federal, state
or county agencies, including comments of these governmental agencies.
(5)
An evaluation of any adverse environmental impacts which might not
be able to be avoided, including air and water pollution, noise, sedimentation
and siltation, increase in Village services and consequences to the
Village tax structure.
(6)
A description of steps to be taken to avoid or minimize adverse environmental
impacts during construction and operation, including maps, schedules
and other explanatory data.
(7)
Notwithstanding the foregoing, the approving authority may waive
all or part of an environmental impact report if sufficient evidence
is submitted to support a conclusion that the development will have
a slight or negligible environmental impact or that the complete report
need not be prepared to evaluate the environmental impact of the development.
Hydrants shall be installed on water mains at intervals directed
by the Fire Chief and Fire Commissioner in accordance with the standards
of the National Board of Fire Underwriters. Hose connections shall
conform to existing hydrants. Fire alarms shall be placed at or near
street intersections and be of a type used throughout the Village.
The objective is to minimize undesirable off-site effects. All
area lighting in places such as parking lots or for security shall
provide translucent fixtures with shields around the light source.
The light intensity at ground level shall be a maximum of one footcandle.
The total quantity of light radiated above a horizontal plane passing
through the light source shall not exceed 7.5%. For recreation purposes,
more intense lighting may be permitted. In all instances, no lighting
source shall shine or reflect into windows or onto streets and driveways.
No lighting shall be a yellow, red, green or blue beam nor be rotating,
pulsating or of other intermittent frequency.
A.
Insofar as is practical, lots shall be rectangular, lot lines shall
be straight and side lot lines shall be either at right angles or
radial to street lines.
B.
Each lot must front upon an approved paved street.
C.
Through lots with frontage on two streets are permitted, provided
access shall be to the street with the lower traffic function.
D.
Extra width for street widenings in accordance with an adopted Master
Plan or Official Map shall either be dedicated or, if not dedicated,
be anticipated by increasing the lot size in anticipation of future
right-of-way.
E.
Where there is a question as to the suitability of a lot(s) due to
rock formations, flood conditions, high-water table or similar circumstances,
the approving authority may, after adequate investigation, withhold
approval of such lots.
Monuments shall be the size and shape required by N.J.S.A. 46:23-9.12
(the Map Filing Law), as amended, be placed in accordance with said
statute and indicated on the final plat.
Before final approval, the approving authority may require the
payment of the developer's pro rata share of the following off-site
and off-tract improvements: street improvements, water system, sewerage,
drainage facilities and easements.
A.
Essential off-site and off-tract improvements may be required to
be installed or a performance guaranty furnished in lieu thereof,
with the total cost borne by the developer.
(1)
Where a development has no direct access to an improved street, water
supply or sanitary sewer, the approving authority may nevertheless
grant final approval if the developer shall acquire and improve such
street between the development and an existing improved street and,
in the case of water/sewer system(s), if the developer shall acquire
and improve such water and sanitary sewer connections between the
development and existing facilities.
(2)
Where drainage waters are diverted from the development into other
drainage systems or onto other lands or streets not adequate to accommodate
the additional waters, the approving authority may grant final approval
if the developer shall acquire, improve and dedicate to the Village
such enlarged, additional or new drainage facilities.
(3)
In lieu of the developer performing such off-site and off-tract work,
the developer may request and the governing body may enter into an
agreement for such work to be performed by the Village or its contractors
at the cost of the developer.
(4)
Where the approving authority determines that off-site and off-tract
improvements are essential to the development and the developer does
not consent to the improvements, the application shall be denied without
prejudice to a future application at such time as the conditions no
longer apply.
B.
Advisable off-site and off-tract improvements. Where the approving
authority finds that off-site and off-tract improvements would be
advisable, although not essential, and the improvements would promote
the objectives of this chapter and can be most appropriately accomplished
in connection with the development, and particularly where the improvements
would be required as a local improvement by the Village with the costs
assessed against all properties specially benefited thereby, including
the property of the developer, the following provisions shall apply:
(1)
During the processing of the application the approving authority
shall refer its recommendations for off-site and off-tract improvements
to the governing body.
(2)
If the governing body concurs, the Municipal Engineer or other authority
retained by the Village shall determine the nature of the off-site
and off-tract improvements, including the needs created by the applicant's
proposed development and the then-existing needs in the area, notwithstanding
any work of the applicant. He shall estimate the costs of such work,
including all costs to be in any local improvement ordinance and those
to be assessed to the developer and including costs for construction,
engineering, any easement or right-of-way acquisition, legal work,
advertising, contingencies, bonding and assessments.
(3)
If the governing body will not adopt a local improvement ordinance,
the final development shall be designed accordingly and the approving
authority shall proceed on that basis.
(4)
If a local improvement ordinance is adopted, the governing body shall
proceed in the following manner:
(a)
If sufficient funds are available for the initial appropriation,
the governing body may appropriate such funds and adopt such ordinance.
(b)
If sufficient funds are not available for the initial appropriation,
the governing body may determine the anticipated amount that the lands
of the applicant would be expected to be assessed.
[1]
The amount determined by the governing body shall then be deposited
by the applicant with the Village Treasurer prior to final approval
and prior to introduction of such local improvement ordinance.
[2]
Such deposit shall be made concurrent with an agreement between
the applicant and the Village concerning the uses of the deposit,
which shall include the following stipulations: that said funds shall
be used by the Village solely for the expenses of such off-site and
off-tract improvements; that such deposit may be appropriated by the
Village, with other funds of the Village, and may be co-mingled with
other appropriated funds and expended by the Village in connection
with such purposes; that if such deposit is not used by the Village
within a specified time agreed upon by the applicant, said funds shall
be returned to the applicant; that upon completion of the work by
the Village or its contractors, the properties specially benefited
by such improvement shall be assessed as provided by law, including
the property of the applicant; that the applicant's deposit shall
be credited against the assessment made upon the applicant's
property (whether or not applicant is then the owner thereof); and
that if such deposit is less than the amount ultimately assessed against
such property, then the owner(s) of said property shall pay the difference
between the deposit and such assessment or, if the deposit exceeds
the amount assessed, the excess shall be refunded to the applicant,
without interest.
[3]
Where said off-site and off-tract improvements are found by
the approving authority to be advisable and important to the sound
development of the site, but the developer is unwilling to make such
deposit as specified above, then there shall be no final approval
until funds become available for the initial appropriation required
to adopt the local improvement ordinance.
(5)
The determination of the governing body whether or not to proceed
toward the adoption of a local improvement ordinance shall be made
within 30 days after the referral by the approving authority unless
such time shall be extended with the consent of the applicant. If
the determination is not made within the designated period, the approving
authority may proceed as if the governing body had determined that
it would not adopt such local improvement ordinance.
A.
Access to and from lots. Drives shall be limited to two to any street.
The center lines of access points shall be spaced at least 65 feet
apart. Each drive shall handle no more than two lanes of traffic,
be at least 50 feet from the street line of any intersecting street
and be at least 20 feet from any property line. Curbing shall either
be depressed at the driveway or be rounded at the corners, with the
access drive connected to the street in the same manner as another
street.
B.
Access to parking and loading spaces. Access shall be by on-site
aisles to permit each vehicle to proceed to and from each space without
moving another vehicle. Parking spaces shall not be an extension of
any street right-of-way.
C.
Buffers. Parking and loading areas for 10 or more vehicles shall
be buffered from adjoining streets and single-family residential uses,
in accordance with § 96-8.
D.
Curbing. Off-street parking areas containing 10 or more spaces and
all off-street loading areas shall have concrete curbing around the
perimeter located in conjunction with an overall drainage plan. Curbing
shall be ramped in accordance with the "Design Standards for Curb
Ramps for the Physically Handicapped" of the New Jersey Department
of Transportation, with ramps opposite each aisle. Curbing shall be
located to control access from adjoining streets and prevent vehicles
from encroaching upon buffer and landscaped areas and street rights-of-way.
E.
Drainage. Facilities shall be installed in accordance with good engineering practice as approved by the Municipal Engineer and in accordance with the drainage provisions of § 96A-29. Where subbase conditions are wet, springy or of such nature that surfacing would be inadvisable without first treating the subbase, these areas shall be excavated to a depth of at least 12 inches below the proposed subgrade and filled with a suitable material, as determined by the Municipal Engineer. Where required by the Engineer, a system of porous concrete pipe subsurface drains shall be constructed beneath the surface of the paving and connected to suitable drain. Parking spaces shall not exceed a grade of 4%, and interior access drives shall not exceed 6.5%.
F.
Surfacing. Surfacing shall be approved as part of the plan approval.
Areas to experience heavy traffic shall be paved with not less than
four inches of compacted base course of plant-mixed bituminous stabilized
base course constructed in layers of not more than two inches compacted
thickness, or equivalent, and a minimum one-and-one-half-inch-thick
compacted wearing surface of bituminous concrete (FABC), or equivalent.
All shall be constructed in accordance with the standard specifications
of the New Jersey Department of Transportation.
G.
Landscaping.
(1)
Landscaping in parking areas for more than 10 cars and loading areas
shall be shown on the site plan. Trees shall be spaced so as not to
interfere with driver vision and shall have branches no lower than
six feet. All areas between the parking area and the building shall
be landscaped with trees, shrubs and ground cover. Any plantings which
do not live shall be replaced within one year or one season. A majority
of the parking areas for more than 50 cars shall be obscured from
streets by buildings, landscaped berms, natural ground elevation or
plantings, singly or in combination.
(2)
In the R-3 Multifamily and R-4 Medium-Rise Multifamily Zones, every
50 feet of parking shall be interrupted by a planting strip of four
feet (minimum).
(3)
In the OP Zone, landscaping and parking areas for more than 50 vehicles
shall have at least one tree for each 20 parking spaces. However,
no landscaping shall be required on a top level of a parking garage.
I.
Location of parking and loading areas.
(1)
No loading and parking space shall be located in any required buffer
area, and all spaces shall be set back at least two feet from street
and property lines and buffer areas to prevent any part of a vehicle
from overhanging the street right-of-way, property line or buffer
areas.
(2)
Parking spaces shall be within 200 feet of the entrance of the building
being served.
(3)
No parking shall be permitted in fire lanes, streets, driveways,
aisles, sidewalks or turning areas.
(4)
It shall be illegal to park, store or otherwise place in any setback
area required under this chapter which is adjacent to a public street
any passenger motor vehicle, commercial motor vehicle, bus, trailer,
boat, airplane, motorcycle, motor scooter or any similar type means
of conveyance. This prohibition shall not apply to legally paved areas
when the provisions of this chapter permit the parking or storing
of such vehicles but shall apply to any lawns, landscaped areas or
the like which are required by this chapter and are known as either
the front yard setback, the rear yard setback from a street, or the
side yard setback from a secondary street.
All public services shall be connected to approved public utilities
systems where they exist. The distribution supply lines and service
connections shall be installed underground, except that lots which
abut streets with existing overhead electric or telephone lines may
be supplied from those overhead lines, but the service connections
shall be installed underground. Should a road widening or an extension
of service occur as a result of the development, any replacement,
relocation or extension of existing overhead lines shall be underground.
All uses shall be provided with sewage disposal facilities by
the required extension of sewer mains and connections, as approved
by the Municipal Engineer, serving authority and, if required by law,
the New Jersey Department of Environmental Protection.
Where required, new shade trees shall be installed on each lot. Trees shall have a minimum diameter of 2.5 inches as measured three feet above the ground and be one of the following species approved by the approving authority. Trees shall be planted 30 feet apart along all streets and be located in the front of the lot in a line with other trees along the same side of the street but be at least 30 feet from streetlights and street intersections. Trees shall be balled and burlapped, nursery grown, free from insects and disease and true to species and variety. Stripping trees or filling around trees in the yard portion of a lot shall not be permitted unless it can be shown that grading requirements necessitate removal of trees, in which case those lots shall be replanted to reestablish the tone of the area and to conform to adjacent lots. Planted trees that do not live shall be replaced by the developer during the next planting season. Parking lots shall be planted as required in § 96A-43, Off-street parking and loading.
|
Sugar maple (Acer saccharum)
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Red oak (Quercus borealis maxima)
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Pin oak (Quercus palustris)
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Ginkgo (male only), (Ginkgo biloba)
|
|
Thornless honey locust (Gleditsia triacanthos inermis)
|
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London plane (Platanus acerifolia)
|
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Willow oak (Quercus phellos)
|
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Scarlet oak (Quercus coccinea)
|
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Sweet gum (Liquidambar styraciflua)
|
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Japanese pagoda tree (Sophera japonica)
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Little leaf linden (Tilia cordata)
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Sidewalks shall be installed in locations determined by the approving authority to be in the interest of public safety, considering the logical extension or improvement to existing sidewalks, probable volume of pedestrian traffic, the adjoining street classification, school bus stops and the general type of improvement intended. Where required, sidewalks shall be at least eight feet wide in a commercial zone and four feet wide in all other zones; four inches thick, except at points of vehicular crossing, where they shall be at least eight inches thick; of Class B concrete having a twenty-eight-day compressive strength of 4,000 pounds per square inch and shall be air-entrained. Where sidewalks cross curbs, curb ramps shall be provided as outlined in § 96A-28. Preformed expansion joint material shall be placed at twenty-foot intervals and where sidewalks abut curbing or a structure.
All major site plans and major subdivisions shall incorporate soil erosion and sediment control programs phased according to the scheduled progress of the development, including anticipated starting and completion dates. The purpose is to control soil erosion and sediment damages to promote the public safety, fertility and health, convenience and general welfare of the community. See § 96-11.4, Floodplain regulations, of the Zoning Ordinance (Chapter 96) of the Village of Ridgefield Park, and § 96A-29, Drainage, of this chapter.
A.
Data required.
(1)
A plan establishing the means for controlling soil erosion and sedimentation
at the applicant's expense, certified by the Soil Conservation
District.
(2)
The plan shall be prepared by a professional engineer licensed in
New Jersey, except in instances where the preparation of a plan does
not include or require the practice of engineering as defined in N.J.S.A.
45:8-28, and shall contain:
(a)
Location and description of general topography and soil characteristics
on and surrounding the site, including a copy of the Soil Conservation
Service soil survey.
(b)
Proposed changes to contours, showing existing and post-construction
conditions.
(c)
Proposed measures for controlling soil erosion and sediment
during and after construction.
(d)
The sequence of installing erosion and sediment control measures,
including anticipated starting and completion dates.
B.
General design principles.
(1)
Guiding principles.
(a)
Stripping of vegetation, grading or other soil disturbance shall
be done in a manner which will minimize soil erosion.
(b)
Whenever feasible, natural vegetation shall be retained and
protected.
(c)
The extent of the disturbed area and the duration of its exposure
shall be kept within practical limits.
(d)
Either temporary seeding, mulching or other suitable stabilization
measures shall be used to protect exposed critical areas during construction
or other land disturbances.
(e)
Drainage provisions shall accommodate increased runoff resulting
from modified soil and surface conditions during and after development
or land disturbance.
(f)
Water runoff shall be minimized and retained on site, wherever
possible, to facilitate groundwater recharge.
(g)
Sediment shall be retained on site.
(h)
Diversions, sediment basins and similar structures shall be
installed, where required, prior to any on-site grading or land disturbance.
(2)
Grading and filling. All fill shall be clean fill and/or topsoil.
Grading shall be limited to areas shown on an approved plat. Any topsoil
disturbed during grading operations shall be redistributed throughout
the site.
(3)
Soil removal and redistribution. Excavation of soil, other than as
required to construct approved structures and facilities, shall be
prohibited. Any application proposing the disturbance of more than
5,000 square feet of surface area of land, as defined in the Soil
Erosion and Sediment Control Act, P.L. 1975, c. 251 (N.J.S.A. 4:24-39
et seq.), shall include the following: the means to control or prevent
erosion; providing for sedimentation basin(s) for soil that does erode
due to water; controlling drainage, dust and mud on the premises as
well as on abutting lands; preserving soil the ability of the area
to support plant and tree growth by maintenance of adequate topsoil
consisting of at least six inches of the original layer; maintaining
necessary lateral support and grades of abutting lands, structures
and other improvements; preventing pits and declivities which are
hazardous or which provide insect-breeding locations; and not altering
the physical limitations and characteristics of the soil in such a
way as to prevent the use to which the land may lawfully be put.
C.
Maintenance. All erosion and sediment control measures shall be maintained
for two years after completion or until such measures are permanently
stabilized, as determined by the Municipal Engineer, whichever is
longer.
D.
Exemptions. The following are exempt from the soil erosion and sediment
control provisions:
(1)
Land disturbance associated with the construction of a single-family
dwelling unit unless such unit is a part of a proposed subdivision,
site plan, zoning variance or building permit application involving
two or more such single-family dwelling units.
(2)
Land disturbance of 5,000 square feet or less of the surface area
of land for the accommodation of construction for which the Standard
Building Code of the State of New Jersey would require a building
permit.
(3)
Agricultural use of lands when operated in accordance with a farm
conservation plan approved by the local Soil Conservation District
or when it is determined by the local Soil Conservation District that
such use will not cause excessive erosion and sedimentation.
(4)
Use of land for gardening primarily for home consumption.
(5)
Percolation tests and/or soil borings.
A.
All developments shall be served by paved streets. Streets not shown
on the Master Plan or Official Map shall provide for the appropriate
extension of existing streets, conform to the topography as far as
practical and allow for continued extension into adjoining undeveloped
tracts.
B.
Residential development bounded by any arterial or collector street shall control access to said streets by having all driveways intersect minor streets. Where circumstance(s) may dictate that a driveway enter an arterial or collector street, the lot shall provide on-site turnaround facilities, and abutting lots may be required to use one curb cut. All lots with reverse frontage shall have an additional 25 feet of lot depth to provide a buffer area, which shall be planted with nursery-grown trees or, where topography permits, earthen berms may be created. Berms shall not be less than five feet in height, shall be stabilized by ground cover and be planted with evergreens and deciduous trees according to a landscaping plan and § 96A-40.
C.
Street rights-of-way shall be measured from lot line to lot line.
No continuation of an existing street shall be continued at a width
less than the existing street, although a greater width may be required
in accordance with the following schedule:
|
Street Classification
|
Minimum Right-of-Way Width
(feet)
|
Traffic Lanes
|
Width Between Curbs
(feet)
|
|---|---|---|---|
|
Arterial
|
70
|
4 at 10.5 feet
|
58
|
|
Collector
|
60
|
2 at 11 feet
|
36
|
|
Primary local
|
50
|
2 at 10 feet
|
34
|
|
Secondary local
|
50
|
2 at 10 feet
|
30
|
D.
No reserve strips shall be approved except where the control and
disposal of land comprising such strips has been given to the governing
body.
E.
Where a development adjoins or includes existing streets that do
not conform to widths shown on the Master Plan or Official Map or
the requirements of this chapter, additional land along both sides
of said street sufficient to conform to the rights-of-way requirements
shall be either dedicated or anticipated in the development design
by creating oversized lots in a subdivision as well as increased building
setbacks to accommodate the widening at some future date. The additional
widening may be offered to the Village and, if offered, shall be expressed
on the plat as follows: "Street right-of-way easement granted to the
Village of Ridgefield Park." If the subdivision is along one side
only, 1/2 the required extra width shall be anticipated.
F.
Local streets shall be designed to discourage through traffic, and
grades shall not exceed 10%. On arterial and collector streets, grades
shall not exceed 4%. The minimum grade shall be 0.75%. Maximum grade
on any street within 100 feet of an intersection shall be 4%.
G.
Intersecting street center lines shall be as nearly at right angles
as possible, and in no case shall they be less than 75°. Approaches
to all intersections shall follow a straight line for at least 100
feet, measured from the curb line of the intersecting street to the
beginning of the curve. No more than two street center lines shall
meet or intersect at any one point, and center-line offsets of less
than 125 feet shall be prohibited; intersections shall be rounded
at the curb line, with the street having the highest radius requirement
as outlined below determining the minimum standard for all curb lines:
arterial at 40 feet, collector at 30 feet and local streets at 20
feet.
I.
Curved streets shall have a radius conforming to standard engineering
practice so that the minimum sight distance within the curb line shall
be 160 feet for a local street, 300 feet for a collector street and
550 feet for an arterial street.
J.
Changes in horizontal and vertical alignment where the algebraic
difference "A" exceeds 1% shall be connected by a curve having a length
equal to 30A for local streets and 50A for collector and arterial
streets.
K.
Dead-end (cul-de-sac) streets.
(1)
Dead-end streets of a permanent nature (where its extension is impractical
or impossible) or of a temporary nature (where provision is made for
the future extension of the street) shall provide a turnaround at
the end with a right-of-way radius of not less than 50 feet and a
curb line radius of not less than 40 feet. The center point for the
radius shall be on the center line of the associated street or, if
offset, to a point where the curb line radius is tangent to the curb
line of the approaching street.
(2)
If a dead-end street is temporary, provisions shall be made for removal
of the turnaround and reversion of the excess right-of-way to the
adjoining properties as an off-tract responsibility of the developer
creating the street extension when the street is extended.
(3)
A dead-end street shall serve no more than 20 lots or dwelling units
nor exceed a length of 500 feet.
L.
No street shall have a name which duplicates or so nearly duplicates
in spelling or phonetic sound the name of existing streets as to be
confused therewith. The continuation of an existing street shall have
the same name. The names of new streets shall be approved by the approving
authority.
M.
Streetlighting. In all major developments, streetlights shall be
installed at street intersections and approximately 200 feet apart
along one side of all streets. All service connections shall be underground.
The design and type shall conform to recent installations and be approved
by the Engineer before installation.
N.
Streets shall be constructed in accordance with the standard specifications
of the New Jersey Department of Transportation. Pavement thicknesses
shall be not less than the following.
(3)
Where subbase conditions are wet, springy or of such nature that
surfacing would be inadvisable without first treating the subbase,
these areas shall be excavated to a depth of at least 12 inches below
the proposed subgrade and filled with a suitable subbase material
as determined by the Municipal Engineer. Where required by the Engineer,
a system of porous concrete pipe subsurface drains shall be constructed
beneath the surface of the paving and connected to a suitable drain.
After the subbase material has been properly placed and compacted,
the surfacing material shall be applied.
No topsoil shall be removed from the development site or used
as spoil or fill. In addition, topsoil removed during the course of
construction shall be redistributed in the development so as to provide
equal distribution of cover to all areas of the development and shall
be stabilized by seeding and planting. At least six inches of topsoil
shall be provided on all areas not occupied by buildings or walks.
Where water is accessible from a servicing utility, the developer
shall arrange for a connection to the system to serve each use.
A.
Purpose. In order to minimize the effects on native and migratory
birds, new construction and major renovations shall incorporate design
measures to promote bird safety. These measures will help reduce the
likelihood of building collision fatalities through facade treatments
and light pollution reduction. These measures apply to both residential
and nonresidential land uses except where specified.
B.
Applicability. The requirements set forth in this section shall apply
to:
(1)
All nonresidential buildings;
(2)
All multifamily residential buildings higher than three stories;
(3)
All low-rise residential buildings with viewsheds to open space,
parks or natural areas; and
(4)
All other building construction within the Village where the amount
of glazing exceeds 40% of the building facade in the first 75 feet
of the building above grade.
C.
Design requirements.
(1)
All new construction, building additions and building alterations
shall adhere to the standards in this section. Existing single and
two-family homes are exempt from the construction requirements set
forth below.
(2)
Facade treatments. No more than 10% of the surface area of a building total exterior shall have untreated glazing between the ground and 75 feet above grade. Sliding glass doors and glass balcony railings up to 75 feet above grade shall also be treated. Examples of bird-friendly glazing treatments include the use of opaque glass, the covering of clear glass surface with patterns, the use of paned glass with fenestration patterns and the use of external screens over nonreflective glass. Additional alternatives are set forth in the publications identified in Subsection D of this section.
(3)
Occupancy sensors. For nonresidential development, occupancy sensors
or other switch control devices shall be installed on nonemergency
lights. These lights shall be programmed to shut off during nonwork
hours and between 10:00 p.m. and sunrise.
(4)
Funneling of flight paths. New construction shall avoid the funneling
of flight paths along buildings or trees towards a building facade.
(5)
Skyways, walkways, or glass walls. New construction and building
additions shall avoid building glass skyways or walkways, freestanding
glass walls and transparent building corners. New construction and
building additions shall reduce glass at tops of buildings, especially
when incorporating green roof designs.
(6)
Exceptions. The above requirements may be waived or reduced based
on an analysis of a qualified biologist or ornithologist indicating
that the proposed construction will not result in a significant collision
hazard to birds.
D.
References. Bird-friendly building design guidelines can be further
found in the following publications:
All development shall be subject to the stormwater control regulations set forth in Chapter 327 of the Village ordinances.
Where open space or common property is set aside in a development
and said land is not to be deeded to the Village, a homeowners'
association shall be established for the purpose of maintenance responsibility.
The organization shall incorporate the following provisions, which
shall be submitted and approved prior to final plat approval:
A.
Membership by all owners of property or interests in the project
shall be mandatory. Required membership and the members' responsibilities
shall be in writing between the organization and each member in the
form of a covenant, with each agreeing to liability for his pro rata
share of the organization's costs.
B.
The organization shall be responsible for liability insurance (with
the municipality carried as a named insured), taxes, maintenance and
any other obligations assumed by the organization and shall hold the
municipality harmless from any liability. The organization shall not
be dissolved and shall not dispose of any common open space or common
property by sale or otherwise except to an organization conceived
and established to own and maintain such open space or property for
the benefit of such development. Thereafter such organization shall
not be dissolved or dispose of any of its open space or property without
first offering to dedicate the same to the municipality wherein the
land is located.
C.
The organization shall be allowed to adjust the assessment to meet
changing needs.
D.
The organization shall clearly describe in its bylaws all the rights
and obligations of each tenant and owner, including a copy of its
covenants, model deeds and articles of incorporation. The master deed
shall state that every tenant and property owner shall have the right
to use all common properties.
E.
The articles of incorporation, covenants, bylaws, model deeds and
other legal instruments shall ensure that control of the organization
shall be transferred to the members based on a percentage of the dwelling
units sold and/or occupied and shall clearly indicate that, in the
event such organization shall fail to maintain the common open space
or common property in reasonable order and condition, the Village
may serve written notice upon such organization or upon the owners
of the development, setting forth the manner in which the organization
has failed to maintain the common open space or common property in
reasonable condition, and said notice shall include a demand that
such deficiencies of maintenance be cured within 35 days thereof and
shall state the date and place of a hearing thereon, which shall be
held within 15 days of the notice. At such hearing, the designated
Village body or officer, as the case may be, may modify the terms
of the original notice as to deficiencies and may give a reasonable
extension of time not to exceed 65 days within which they shall be
cured. If the deficiencies set forth in the original notice or in
the modification thereof shall not be cured within said 35 days or
any permitted extension thereof, the Village, in order to preserve
the common open space and common property and maintain the same for
a period of one year, may enter upon and maintain such land. Said
entry and maintenance shall not vest in the public any rights to use
the common open space and common property except when the same is
voluntarily dedicated to the public by the owners. Before the expiration
of said year, the Village Commissioners shall, upon its initiative
or upon the request of the organization theretofore responsible for
the maintenance of the common open space and common property, call
a public hearing upon 15 days' written notice to such organization
and to the owners of the development, to be held by the Village Commissioners,
at which hearing such organization and the owners of the development
shall show cause why such maintenance by the Village shall not, at
the election of the Village Commissioners, continue for a succeeding
year. If the Village Commissioners shall determine that such organization
is ready and able to maintain said open space and property in reasonable
condition, the Village shall cease to maintain said open space and
property at the end of said year. If the Village Commissioners shall
determine such organization is not ready and able to maintain said
open space and property in a reasonable condition, the Village Board
of Commissioners may, in its discretion, have the Village continue
to maintain said open space and property during the next succeeding
year, subject to a similar hearing and determination in each year
thereafter. The decision of the Village Commissioners in any such
case shall constitute a final administrative decision subject to judicial
review.
F.
The cost of such maintenance by the Village shall be assessed pro
rata against the properties within the development that have a right
of enjoyment of the common open space and common property in accordance
with assessed value at the time of imposition of the lien and shall
become a lien and tax on said properties and be added to and be a
part of the taxes to be levied and assessed thereon and shall be enforced
and collected with interest by the same officers and in the same manner
as other taxes.
A.
Before filing of final subdivision plats or recording of minor subdivision
deeds or as a condition of final site plan approval or as a condition
to the issuance of a zoning permit pursuant to Subsection d. of Section
52 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-65), or as a condition of
approval of a permit update under the State Uniform Construction Code
for the purpose of updating the name and address of the owner of property
on a construction permit, the Village shall require and shall accept
in accordance with the standards set forth hereinbelow and regulations
adopted pursuant to Section 1 of P.L. 1999, c. 68 (N.J.S.A. 40:55D-53a.
for the purpose of assuring the installation and maintenance of certain
on-tract improvements, the furnishing of a performance guarantee,
and provision for a maintenance guarantee as set forth in this section.
(1)
The developer shall furnish a performance guarantee in favor of the
Village in an amount not to exceed 120% of the cost of installation
of only those improvements required by an approval or developer's
agreement, ordinance, or regulation to be dedicated to a public entity,
and that have not yet been installed, which cost shall be determined
by the Municipal Engineer, according to the method of calculation
set forth in Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4),
for the following improvements as shown on the approved plans or plat:
(a)
Streets.
(b)
Pavement.
(c)
Gutters.
(d)
Curbs.
(e)
Sidewalks.
(f)
Street lighting.
(g)
Street trees.
(h)
Surveyor's monuments, as shown on the final map and required
by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.;
repealed by Section 2 of P.L. 2011, C. 217) or N.J.S.A. 46:26B-1 through
N.J.S.A. 46:26B-8.
(i)
Water mains.
(j)
Sanitary sewers. Community septic systems.
(k)
Drainage structures.
(l)
Public improvements of open space; and
(m)
Any grading necessitated by the preceding improvements.
(2)
The developer shall also furnish a performance guarantee to include,
within an approved phase or section of a development, privately owned
perimeter buffer landscaping, as required by the Village Code or imposed
as a condition of approval. At a developer's option, a separate
performance guarantee may be posted for the privately held perimeter
buffer landscaping.
(3)
The Municipal Engineer shall prepare an itemized cost estimate of
the improvements covered by the performance guarantee, which itemized
cost estimate shall be appended to each performance guarantee posted
by the obligor.
B.
The developer shall also submit to the Village a safety and stabilization
guarantee in favor of the Village. At the developer's option,
a safety and stabilization guarantee may be furnished either as a
separate guarantee or as a line item of the performance guarantee.
A safety and stabilization guarantee shall be available to the Village
solely for the purpose of returning property that has been disturbed
to a safe and stable condition or otherwise implementing measures
to protect the public from access to an unsafe or unstable condition,
only in the circumstance that:
(1)
Site disturbance has commenced and, thereafter, all work on the development
has ceased for a period of at least 60 consecutive days following
such commencement for reasons other than force majeure; and
(2)
Work has not commenced within 30 days following the provision of
written notice by the Village to the developer of the Village's
intent to claim payment under the guarantee.
(3)
The Village shall not provide notice of its intent to claim payment
under a safety and stabilization guarantee until a period of at least
60 days has elapsed during which all work on the development has ceased
for reasons other than force majeure. The Village shall provide written
notice to the developer by certified mail or other form of delivery
providing evidence of receipt.
(4)
The amount of a safety and stabilization guarantee for a development
with bonded improvements in an amount not exceeding $100,000 shall
be $5,000.
(5)
The amount of a safety and stabilization bond guarantee for a development
with bonded improvements exceeding $100,000 shall be calculated as
a percentage of the bonded improvement costs of the development or
phase of development as follows:
(6)
The Village shall release a separate safety and stabilization guarantee
to a developer upon the developer's furnishing of a performance
guarantee which includes a line item for safety and stabilization
in the amount required under this subsection.
(7)
The Village shall release a safety and stabilization guarantee upon
the Municipal Engineer's determination that the development of
the project site has reached a point that the improvements installed
are adequate to avoid any potential threat to public safety.
C.
In the event that the developer shall seek a temporary certificate
of occupancy for a development, unit, lot, building, or phase of development,
as a condition of the issuance thereof, the developer shall furnish
a separate guarantee, referred to herein as a "temporary certificate
of occupancy guarantee," in favor of the Village in an amount equal
to 120% of the cost of installation of only those improvements or
items which remain to be completed or installed under the terms of
the temporary certificate of occupancy and which are required to be
installed or completed as a condition precedent to the issuance of
the permanent certificate of occupancy for the development, unit,
lot, building or phase of development and which are not covered by
an existing performance guarantee. Upon posting of a temporary certificate
of occupancy guarantee, all sums remaining under a performance guarantee
previously furnished by the developer which relate to the development,
unit, lot, building, or phase of development for which the temporary
certificate of occupancy is sought, shall be released. The scope and
amount of the temporary certificate of occupancy guarantee shall be
determined by the Municipal Engineer. The temporary certificate of
occupancy guarantee shall be released by the Municipal Engineer upon
the issuance of a permanent certificate of occupancy with regard to
the development, unit, lot, building, or phase as to which the temporary
certificate of occupancy relates.
D.
Prior to the release of a performance guarantee required pursuant
to this section, the developer shall post with the Village a maintenance
guarantee in an amount not to exceed 15% of the cost of the installation
of the improvements which are being released.
(1)
The developer shall post with the Village, upon the inspection and
issuance of final approval of the following private site improvements
by the Municipal Engineer, a maintenance guarantee in an amount not
to exceed 15% of the cost of the installation of the following private
site improvements, which cost shall be determined according to the
method of calculation set forth in Section 15 of P.L. 1991, c. 256
(N.J.S.A. 40:55D-53.4):
(2)
The term of the maintenance guarantee shall be for a period not to
exceed two years and shall automatically expire at the end of the
established term.
E.
In the event that other governmental agencies or public utilities
automatically will own the utilities to be installed or the improvements
are covered by a performance or maintenance guarantee to another governmental
agency, no performance or maintenance guarantee, as the case may be,
shall be required by the Village for such utilities or improvements.
F.
Regulations concerning performance guarantees.
(1)
The time allowed for installation of the bonded improvements for
which the performance guarantee has been provided may be extended
by the governing body by resolution. As a condition or as part of
any such extension, the amount of any performance guarantee shall
be increased or reduced, as the case may be, to an amount not to exceed
120% of the cost of the installation, which cost shall be determined
by the Municipal Engineer according to the method of calculation set
forth in Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4) as
of the time of the passage of the resolution.
(2)
If the required bonded improvements are not completed or corrected
in accordance with the performance guarantee, the obligor and surety,
if any, shall be liable thereon to the Village for the reasonable
cost of the improvements not completed or corrected, and the Village
may either prior to or after the receipt of the proceeds thereof complete
such improvements. Such completion or correction of improvements shall
be subject to the public bidding requirements of the Local Public
Contracts Law, P.L. 1971, c. 198 (N.J.S.A. 40A:11-1 et seq.).
(3)
Upon substantial completion of all required street improvements (except
for the top course) and appurtenant utility improvements, and the
connection of same to the public system, the obligor may request of
the governing body in writing, by certified mail addressed in care
of the Village Clerk, that the Municipal Engineer prepare, in accordance
with the itemized cost estimate prepared by the Municipal Engineer
and appended to the performance guarantee pursuant to this section,
a list of all uncompleted or unsatisfactory completed bonded improvements.
If such a request is made, the obligor shall send a copy of the request
to the Municipal Engineer. The request shall indicate which bonded
improvements have been completed and which bonded improvements remain
uncompleted in the judgment of the obligor. Thereupon the Municipal
Engineer shall inspect all bonded improvements covered by obligor's
request and shall file a detailed list and report, in writing, with
the governing body, and shall simultaneously send a copy thereof to
the obligor not later than 45 days after receipt of the obligor's
request.
(a)
The list prepared by the Municipal Engineer shall state, in detail, with respect to each bonded improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed bonded improvement determined to be unsatisfactory. The report prepared by the Municipal Engineer shall identify each bonded improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory bonded improvement, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Subsection A of this section.
(b)
The governing body, by resolution, shall either approve the
bonded improvements determined to be complete and satisfactory by
the Municipal Engineer, or reject any or all of these bonded improvements
upon the establishment in the resolution of cause for rejection, and
shall approve and authorize the amount of reduction to be made in
the performance guarantee relating to the improvements accepted, in
accordance with the itemized cost estimate prepared by the Municipal
Engineer and appended to the performance guarantee pursuant to this
section. This resolution shall be adopted not later than 45 days after
receipt of the list and report prepared by the Municipal Engineer.
Upon adoption of the resolution by the governing body, the obligor
shall be released from all liability pursuant to its performance guarantee
with respect to those approved bonded improvements, except for that
portion adequately sufficient to secure completion or correction of
the improvements not yet approved; provided that 30% of the amount
of the total performance guarantee and safety and stabilization guarantee
posted may be retained to ensure completion and acceptability of all
improvements. The safety and stabilization guarantee shall be reduced
by the same percentage as the performance guarantee is being reduced
at the time of each performance guarantee reduction.
(c)
For the purpose of releasing the obligor from liability pursuant to its performance guarantee, the amount of the performance guarantee attributable to each approved bond improvement shall be reduced by the total amount for each such improvement, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Subsection A of this section, including any contingency factor applied to the cost of installation. If the sum of the approved bonded improvements would exceed 70% of the total amount of the performance guarantee, then the Village may retain 30% of the amount of the total performance guarantee and safety and stabilization guarantee to ensure completion and acceptability of all bonded improvements, as provided above, except that any amount of the performance guarantee attributable to bonded improvements for which a temporary certificate of occupancy guarantee has been posted shall be released from the performance guarantee even if such release would reduce the amount held by the Village below 30%.
(d)
If the Municipal Engineer fails to send or provide the list
and report as requested by the obligor pursuant to this section within
45 days from receipt of the request, the obligor may apply to the
court in a summary manner for an order compelling the Municipal Engineer
to provide the list and report within a stated time and the cost of
applying to the court, including reasonable attorney's fees,
may be awarded to the prevailing party.
(e)
If the governing body fails to approve or reject the bonded
improvements determined by the Municipal Engineer to be complete and
satisfactory or reduce the performance guarantee for the complete
and satisfactory improvements within 45 days from the receipt of the
Municipal Engineer's list and report, the obligor may apply to
the court in a summary manner for an order compelling, within a stated
time, approval of the complete and satisfactory improvements and approval
of a reduction in the performance guarantee for the approvable complete
and satisfactory improvements in accordance with the itemized cost
estimate prepared by the Municipal Engineer and appended to the performance
guarantee pursuant to this section; and the cost of applying to the
court, including reasonable attorney's fees, may be awarded to
the prevailing party.
(f)
In the event that the obligor has made a cash deposit with the
Village or approving authority as part of the performance guarantee,
then any partial reduction granted in the performance guarantee pursuant
to this subsection shall be applied to the cash deposit in the same
proportion as the original cash deposit bears to the full amount of
the performance guarantee, provided that if the developer has furnished
a safety and stabilization guarantee, the Village may retain cash
equal to the amount of the remaining safety and stabilization guarantee.
(4)
If any portion of the required bonded improvements is rejected, the
approving authority may require the obligor to complete or correct
such improvements and, upon completion or correction, the same procedure
of notification, as set forth in this section shall be followed.
(5)
Nothing herein shall be construed to limit the right of the obligor
to contest by legal proceedings any determination of the governing
body or the Municipal Engineer.
G.
Regulations concerning inspection fees.
(1)
The obligor shall reimburse the Village for reasonable inspection
fees paid to the Municipal Engineer for the foregoing inspection of
improvements, which fees shall not exceed the sum of the amounts set
forth hereinbelow. The Village shall require the developer to post
the inspection fees in escrow in an amount:
(a)
Not to exceed, except for extraordinary circumstances, the greater
of $500 or, except for extraordinary circumstances, the greater of
$500 or 5% of the cost of bonded improvements that are subject to
a performance guarantee under this section; and
(b)
Not to exceed 5% of the cost of private site improvements that
are not subject to a performance guarantee under this section, which
cost shall be determined pursuant to Section 15 of P.L. 1991, c. 256
(N.J.S.A. 40:55D-53.4).
(2)
For those developments for which the inspection fees total less than
$10,000, fees may, at the option of the developer, be paid in two
installments. The initial amount deposited in escrow by a developer
shall be 50% of the inspection fees. When the balance on deposit drops
to 10% of the inspection fees because the amount deposited by the
developer has been reduced by the amount paid to the Municipal Engineer
for inspections, the developer shall deposit the remaining 50% of
the inspection fees.
(3)
For those developments for which the inspection fees total $10,000
or greater, fees may, at the option of the developer, be paid in four
installments. The initial amount deposited in escrow by a developer
shall be 25% of the inspection fees. When the balance on deposit drops
to 10% of the inspection fees because the amount deposited by the
developer has been reduced by the amount paid to the Municipal Engineer
for inspection, the developer shall make additional deposits of 25%
of the inspection fees.
(4)
If the Village determines that the amount in escrow for the payment
of inspection fees, as calculated hereinabove, is insufficient to
cover the cost of additional required inspections, the developer shall
deposit additional funds in escrow. In such instance, the Village
shall deliver to the developer a written inspection escrow deposit
request, signed by the Municipal Engineer, which informs the developer
of the need for additional inspections, details the items or undertakings
that require inspection, estimates the time required for those inspections,
and estimates the cost of performing those inspections.
H.
In the event that final approval is by stages or sections of development
pursuant to Subsection a. of Section 29 of P.L. 1975, c. 291 (N.J.S.A.
40:55D-38), the provisions of this section shall be applied by stage
or section.
I.
To the extent that any of the improvements have been dedicated to the Village on the subdivision plat or site plan, the governing body shall be deemed, upon the release of any performance guarantee required pursuant to Subsection A of this section, to accept dedication for public use of streets or roads and any other improvements made thereon according to site plans and subdivision plats approved by the approving authority, provided that such improvements have been inspected and governing body shall be deemed, upon the release of any performance guarantee required pursuant to Subsection A of this section, to accept dedication for public use of streets or roads and any other improvements made thereon according to site plans and subdivision plats approved by the approving authority, provided that such improvements have been inspected and have received final approval by the Municipal Engineer.
A.
Prior to the signing and recording of a final major subdivision plat,
and in the case of a site plan application, as a condition of final
site plan approval, the developer shall enter into an agreement with
the governing body and the approving land use board if so required
by the Village or the land use board. The agreement shall be in a
form acceptable to the Village Attorney and shall include provisions
ensuring, at a minimum, that the developer shall agree to:
(1)
Abide by the terms and conditions of approval.
(2)
Construct the required improvements in accordance with the approved
plans.
(3)
Maintain the constructed improvements, including but not limited
to payment of streetlighting charges, snow removal, maintenance of
storm drainage and sewer and water facilities.
(4)
Post appropriate performance guarantees and proof of insurance, including
indemnification agreements in favor of the Village, its land use boards,
and their respective employees, officers, officials, professionals
and agents.
(5)
Construct and manage all required affordable housing units in accordance
with the requirements of the Council on Affordable Housing, the New
Jersey Courts, or any other court or agency having jurisdiction over
the Village's affordable housing obligations.
(6)
Complete and maintain appropriate landscaping in accordance with
the landscape plan submitted to the land use board.
(7)
Address all other items deemed necessary and appropriate by the Village
Attorney, Engineer, or Planner.
B.
The developer shall further agree that in the event the improvements
are not properly constructed or maintained, the Village may utilize
the cash portions of the performance guarantees to immediately address
the items presenting a safety hazard in the opinion of the Village.
C.
The developer shall reimburse the Village for the cost and expense
of preparing the developer's agreement and the filing of same
with the Bergen County Clerk in accordance with the Village's
applicable professional contract, prior to execution of same.
