2024.01.26 FILED Complaint

SOM-L-000117-24 01/26/2024 3:58:08 PM Pg 1 of 32 Trans ID: LCV2024230195
HEROLD LAW, P.A.

Robert F. Simon, Esq. (009461992)
25 Independence Boulevard
Warren, New Jersey 07059
Telephone: (908) 647-1022
Attorneys for Plaintiffs
SUPERIOR COURT OF NEW JERSEY

GAURAV PATEL, PAYAL JOSHI, LAW DIVISION
WAQAS REHMAN, UROOJ REHMAN, SOMERSET COUNTY
BRIAN KRAWITZ, BROOKE KRAWITZ,
LEN SOLED, ALEXIS SOLED, VEERAJ DOCKET NO.: SOM-L-
JADEJA, PRIYA JADEJA, JERRY ELSON,
VALDEMI DA SILVA, ANA CLAUDIA
DA SILVA, PASQUALE M. SAVINO and CIVIL ACTION
RITA SAVINO,
COMPLAINT IN LIEU OF
Plaintiffs, PREROGATIVE WRITS
vs.
TOWNSHIP OF BERNARDS and RIDGE

BASEBALL CLUB, a New Jersey Nonprofit
Corporation,
Defendants.
Plaintiffs, GAURAV PATEL, PAYAL JOSHI, WAQAS REHMAN, UROOJ REHMAN,
BRIAN KRAWITZ, BROOKE KRAWITZ, LEN SOLED, ALEXIS SOLED, VEERAJ JADEJA,
PRIYA JADEJA, JERRY ELSON, VALDEMI DA SILVA, ANA CLAUDIA DA SILVA,
PASQUALE M. SAVINO and RITA SAVINO, (together, “Plaintiffs”), by way of Complaint
against Defendants, the TOWNSHIP OF BERNARDS (the “Township”), and RIDGE
BASEBALL CLUB (the “Ridge Baseball” or the “Lessee”) (collectively, “Defendants”), say:
NATURE OF ACTION
1. This action in lieu of prerogative writs challenges the Township’s December 12,
2023 arbitrary, capricious, unreasonable, and unlawful adoption of Ordinance #2539, “An
Ordinance to Authorize the Renewal of the Leasing of Property to the Ridge Baseball Club, Inc.
(“Ridge Baseball Club” or “Lessee”), For a Period of an Additional Twenty Years for a Nominal
Consideration”, a true and accurate copy of which is attached hereto as Exhibit “A”.
2. Ridge Baseball sought to amend its lease with the Township for that certain parcel
of land formerly known as Block 178.01, Lot 4, now known as Block 92.04, Lot 4, Township of
Bernards, Somerset County, New Jersey, (the “Property”), for an additional twenty (20) years,
commencing May 14, 2024, and expiring May 14, 2044.
JURISDICTION
3. This Court has subject matter jurisdiction over Plaintiffs’ claims in this Complaint
as all real property at issue is located wholly within the State of New Jersey, County of Somerset,
and pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1, et seq. (the “MLUL”); the Local
Lands and Buildings Law, N.J.S.A. 40A:12-1 et seq. (the “LLBL”); and, New Jersey Court Rule
4:69.
THE PARTIES
4. Plaintiffs, GAURAV PATEL and PAYAL JOSHI, are individuals, residents of the
Township of Bernards, and owners of real property located at 3 Fenwick Place, Basking Ridge,
New Jersey.
5. Plaintiffs, WAQAS REHMAN and UROOJ REHMAN, are individuals, residents
of the Township of Bernards, and owners of real property located at 7 Fenwick Place, Basking
Ridge, New Jersey.
6. Plaintiffs, BRIAN KRAWITZ and BROOKE KRAWITZ, are individuals,
residents of the Township of Bernards, and owners of real property located at 11 Fenwick Place,
Basking Ridge, New Jersey.
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7. Plaintiffs, LEN SOLED and ALEXIS SOLED, are individuals, residents of the
New Jersey.
8. Plaintiffs, VEERAJ JADEJA and PRIYA JADEJA, are individuals, residents of the
New Jersey.
9. Plaintiff, JERRY ELSON, is an individual, a resident of the Township of Bernards,
and the owner of property located at 26 Wedgewood Drive, Basking Ridge, New Jersey.
10. Plaintiffs, VALDEMI DA SILVA and ANA CLAUDIA DA SILVA, are
individuals, residents of the Township of Bernards, and owners of real property located at
3540 Valley Road, Basking Ridge, New Jersey.
11. Plaintiffs, PASQUALE M. SAVINO and RITA SAVINO, are individuals,
residents of the Township of Bernards, and owners of real property located at 3544 Valley Road,
Basking Ridge, New Jersey.
12. Defendant, TOWNSHIP OF BERNARDS, including the Township Committee, the
Mayor, Deputy Mayor, Committee Members, the Township Administrator, the Chief Operating
Officer, and other municipal officials thereof (individually and collectively, the “Committee” or
the “Township”), is a municipal corporation of the State of New Jersey, having offices at 1 Collyer
Lane, Basking Ridge, New Jersey.
13. Defendant, RIDGE BASEBALL CLUB, upon information and belief, is a New
Jersey Nonprofit Corporation, organized under the laws of the State of New Jersey, having its
principal office at c/o Ridge Baseball Club, P.O. Box 98, Basking Ridge, New Jersey 07920.
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THE MASTER PLAN
14. Upon information and belief, the last Master Plan Reexamination Reports were
adopted in the Township in or around 2010 and 2019.
15. At this time, upon information and belief, the Township is in the process of
adopting a new Master Plan.
16. As per the goals and objectives of the existing Master Plan, beginning in the year
2000, a public visioning process identified major goals and objectives of the community that are
reinforced by the Bernards Township Master Plan, including keeping taxes stable while working
to:
a. Protect open spaces;
b. Provide adequate fire and first aid safety;
c. Control and calm traffic in town;
d. Connect neighborhoods with pathways/greenways;
e. Create accessible programs to meet the needs of youth; and
f. Protect downtown Basking Ridge, maintaining its charm.
17. One of the Land Use and Management Objectives of the Township Master Plan
include, inter alia, policies that should strive to maintain and enhance community character,
protect the integrity of existing neighborhoods and prevent the intrusion of incompatible new
development and development with densities and intensities that should be planned at levels that
do not exceed the capacity of the natural environment and current infrastructure, and growth-
inducing infrastructure should not be extended into the rural countryside.
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18. One of the Nonresidential Development Objectives contained in the Master Plan
states that nonresidential development should be planned for appropriate areas where it will be
compatible with and not adversely impact residential development within the Township.
19. Likewise, with regard to the Recreation/Open Space Objectives as set forth in the
Master Plan, the Township policy of centralizing major active recreational facilities and enhancing
neighborhood recreation should be continued.
20. In addition, Traffic and Circulation Objectives in the Master Plan include, inter
alia, that traffic demand generated by development should not exceed the existing and planned
capacity of the Township circulation system.
TOWNSHIP LAND DEVELOPMENT ORDINANCE
21. The Township’s Land Development Ordinance is codified under Chapter 21 (the
“Ordinance”) of the Township’s General Ordinance.
22. The purpose of the Ordinance as set forth in Section 21-8.1, “Purpose”, states;
In their interpretation and application, the provisions of this article

shall be held to be minimum requirements adopted for the promotion
of the public health, safety, morals and general welfare, consistent
with the purposes set forth at N.J.S.A. 40:55D-2. Any deviation
proposed from the requirements of this article shall require a
variance pursuant to N.J.S.A. 40:55D-70c or d or N.J.S.A. 40:55D-
60a.
23. Section 21-9, “General Provisions”, of the Ordinance, Section 21-9.2, “Effect of
Zoning”, states:
No land may be used and no structure may be erected, raised,

moved, extended, enlarged, altered or used for any purpose other
than a purpose permitted herein for the zone in which it is located,
and all construction shall be in conformity with the regulations
provided for the zone in which such construction is located. In
addition, no structure or lot shall be used in violation of any
requirement and/or condition of any approval granted by the
Planning Board or Zoning Board of Adjustment pursuant to this
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chapter, including any requirement and/or condition set forth on an

approved plan or within an adopted resolution that is applicable to
the structure or lot.
24. Section 21-48.2 of the Ordinance, “Site Plan Review”, states;
Except as hereinafter provided, no construction permit shall be

issued for the erection of or addition to any structure or for the
creation of any parking spaces on residential, business and industrial
properties or for the addition of driveways and/or paving on
commercial business and industrial properties until a site plan has
been reviewed and approved by the Planning Board or Zoning Board
of Adjustment, as the case may be, except that the approval of a site
plan shall not be necessary for the construction of or any addition to
a detached single- or two-family dwelling unit used solely for
residential purposes and its customary accessory building(s) nor for
the construction of an addition to an existing structure in any zone
which construction does not require the issuance of a construction
permit.
25. “Active Recreation”, as defined in the Ordinance, means: “leisure time activities,
usually formal in nature, performed with others, often requiring special equipment and/or specially
designed places, sites or fields, during which those engaged in the activity are involved in physical
exercises.”
26. “Public Open Space”, as defined in the Ordinance, means: “an open space area
conveyed or otherwise dedicated to a municipality, a municipal agency, a board of education, a
State or county agency or any other public body for recreation or conservation uses.”
27. “Public Purpose Use”, as defined in the Ordinance, means: “the use of land or
buildings by the Township of Bernards or by any other federal, New Jersey State, Somerset County
or Bernards Township governmental body including the Bernards Township Board of Education,
any volunteer fire company which has been designated by ordinance as part of the Bernards
Township Fire Department and any volunteer first aid squad which has been designated by
ordinance as part of the Bernards Township First Aid and Emergency Department.”
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28. The Property is located in the Township’s P-1 Public Purpose Zone (the “P-1
Zone”).
29. Permitted uses within the P-1 Zone include:
a. Public recreation and open space, public parks, roads and other
public purpose uses.
b. Child-care centers.
c. Farms.
30. Section 21-10.15 of the Ordinance, “Standard Nonresidential Development” states:
a. Development is permitted in accordance with the use provisions

set forth in Subsections 21-10.5, 21-10.6, 21-10.7, 21-10.8, 21-
10.8.1, 21-10.9, 21-10.9.1, and 21-10.10 for the E-1 through E-
5, B-1 and B-2, B-3, B-4, B-5, M-1, GH, and P-1 through P-5
Zones, respectively.
b. All applicable sections of Article V, Development Regulations,

shall be complied with.
c. (Reserved)
d. The maximum development shall be controlled by the minimum

lot area and frontage requirements, but in no case shall the
maximum development exceed the allowable FAR and coverage
for each zone set forth in Table 402.
31. Article V of the Ordinance, “Development Regulations”, includes, inter alia,
standards by which development of property within the Township are regulated, the purpose of
which is:
Article V sets forth regulations for the development or change in use

of all buildings or uses. A site plan or subdivision which includes a
proposal to deviate from any of the regulations contained in
Article V shall require an exception. An exception may be granted
from the ordinance requirements for subdivision and site plan
approval as may be reasonable and within the general purpose and
intent of the provisions of subdivision and site plan approval if the
literal enforcement of one or more provisions of the ordinance is
impracticable or will exact undue hardship because of peculiar
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conditions pertaining to the land in question pursuant to N.J.S.A.

40:55D-51. When site plan or subdivision approval is not required,
deviation from any of the regulations set forth herein shall not be
permitted except in accordance with the provisions of Subsection
21-5.11 of this chapter.
32. Section 21 of the Ordinance, Article V, also regulates the following:
a. Section 21-35, “Performance Standards for All Uses,” includes, inter alia,
standards for Electrical and/or Electronic Devices, Glare, Heat, Noise, Odor,
Storage and Disposal of Waste, Ventilation, and Vibration.
b. Section 21-39.1 of the Ordinance, “Parking Loading and Access”, contains
standards for, inter alia, Sizes of Parking Spaces, Loading Requirements, and
Standards for Parking, Loading and Access.
c. Sections 21-40 and 21-40A of the Ordinance, “Solid Waste Disposal” and
“Recycling Areas” respectively, contains standards for, inter alia, Access,
Location, Inclusion and Dimensions, Location, Accessibility, Design of
Containers, Signs, and Screening.
d. Section 21-41 of the Ordinance, “Lighting”, contains standards for, inter alia,
Streetlighting (sic), Parking Areas and Walkways, and the Intensity of Lighting.
e. Section 21-42 of the Ordinance, Drainage, contains standards for, inter alia,
Stormwater Management Requirements for Major Development, Calculation of
Stormwater Runoff and Groundwater Recharge, Solid and Floatable Materials
Control Standards, Safety Standards for Stormwater Management Basins,
Requirements for Site Development Stormwater Plan, Maintenance and Repair,
Stormwater Management Requirements for Minor Development and Waivers
and Exceptions.
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f. Section 21-46.3 of the Ordinance, “Design of Active Recreational Areas”,
states that “[p]lans, specifications and manufacturers' catalog cuts of any
proposed recreational improvements or equipment shall be included for the
Board's review prior to final approval of the development plan.”
33. Upon information and belief, at no time has Ridge Baseball filed a land
development application before either the Bernards Township Planning Board or the Bernards
Township Zoning Board of Adjustment concerning the Property.
THE LEASE AGREEMENTS
34. Upon information and belief, in or about 1992, Basking Ridge Little League, Inc.,
entered into a lease agreement with the Township for the lease of the Property.
35. Upon information and belief, on or about May 13, 2004, Basking Ridge Little
League, Inc., terminated the 1992 lease, and entered into a new and/or revised lease agreement
with the Township for the lease of the Property (the “2004 Lease”), under the terms of which
included the Lessee being authorized to, inter alia, the installation of signs and the use the field
lighting at the Property as follows:
15. The Little League will utilize the Musco Lighting only during the period
from April 24 to August 8 exclusively for Little League baseball and
no other purposes. The Little League will tum off the Musco Lighting
as follows:
a. Sundays-no later than 9:00 P.M.[;]
b. Fridays and Saturdays - no later than 10 P.M.[;]
c. Mondays through Thursdays when school is in session - no later

than 9:00 P.M.[; and]
d. Mondays through Thursdays when school is not in session - no

later than 10 P.M.
. . .
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17. If the Little League defaults in performance of the terms, covenants and
conditions of this Lease Agreement, including expressly paragraphs 14
to 15, then this Lease Agreement shall terminate if reasonable efforts
are not taken to cure said default within ninety (90) days after written
notice by the Township to the Little League.
36. The 2004 Lease also includes provisions stating, inter alia: Ridge Baseball is
required to maintain and improve the fields and facilities, together with parking facilities for fifty
(50) or more cars on the premises, with all improvements being done at the cost of the Lessee; that
responsibility for the fields and facilities will be borne by Ridge Baseball; requiring that all
property charges, including sewerage, water, gas, garbage, telephone and electric bills associated
with the use of the Property be paid for by Ridge Baseball; and, requiring Ridge Baseball to provide
liability insurance coverage with a combined limit of not less than $3,000,000.00 for each
occurrence, while adding the Township as a named additional insured, notwithstanding the
Township not having “any obligation for maintenance or supervision of the Fields and Facilities.”
37. The 2004 Lease does not expressly require Ridge Baseball to obtain site plan
approval for the improvements on the Property.
38. Upon information and belief, on or about November 27, 2007, Basking Ridge Little
League, Inc., entered into the First Amendment to Lease Agreement with the Township, to permit
the use of electronic score boards at the Property.
39. Upon information and belief, on or about March 25, 2008, Basking Ridge Little
League, Inc., entered into a Second Amendment to Lease Agreement with the Township,
addressing certain issues with regard to the public address system used at the Property, stating:
The Little League shall not use a public address system or other
amplifiers or loudspeakers at the Fields and Facilities, except during
(a) the opening day ceremony; (b) from Friday to Sunday during
Championship Weekend held traditionally in June, however, not
before noon on Sunday and not after 10:00 p.m. on either Friday,
Saturday or Sunday of that weekend; and (c) for medical and other
urgent emergencies.
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40. Upon information and belief, on or about November 30, 2011, Basking Ridge Little
League, Inc., entered into a Third Amendment to Lease Agreement with the Township, assigning
the Lease Agreement between Basking Ridge Little League, Inc. and the Township to the
Defendant, Ridge Baseball Club, stating:
Pursuant to Section 16 of the Lease Agreement, the Township, Little

League and the Ridge Baseball Club all agree to an assignment of the
Lease Agreement to the Ridge Baseball Club. Ridge Baseball Club
shall assume and be bound by all terms of the Lease Agreement.
41. On or about March 6, 2023, Ridge Baseball allegedly sought to exercise its option
to renew the Lease for an additional 20-year term, from May 14, 2024 through May 14, 2044,
along with the request for the following provisions stated in the proposed lease amendment of
same (the “2023 Lease”) (collectively, the “Lease Agreements”):
24. The term of the Lease is extended from May 14, 2024, to May 14,
2044.
25. Ridge Baseball Club shall have the option of renewing this Lease
Agreement for an additional term of twenty (20) years upon the
same terms and conditions as set forth in the Lease Agreement by
giving written notice to the Township not later than one (1) year
before the expiration date of the Lease term, provided the Township
Committee adopts such ordinance approving said lease renewal.
26. Notwithstanding anything in this Lease Agreement, as amended, to

the contrary, Ridge Baseball Club shall have the right to use the
existing field lights at the Fields and Facilities described in Section
D of the Lease Agreement only during the following periods each
year:
a. From and including April 1 to and including August 8; and
b. From and including September 1 to and including November

15.
27. All other restrictions set forth in this Lease Agreement, as amended,
governing use of the field lights shall remain unaltered and in full
force and effect. For the avoidance of doubt, the parties agree that
the daily and hourly use limitations set forth in Section D(15)(a)-(d)
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of this Lease Agreement shall apply during any and all periods when
use of the field lights is permitted.
28. Within six (6) months from the effective date of this Lease
Amendment, RBC shall install ambient noise attenuating devices
designed to reduce noise from the batting cages near Valley Road.
Such devices shall be product(s) specifically manufactured for
purposes of noise reduction and shall be installed by attaching the
product(s) directly to the fence along Valley Road immediately
adjacent to the batting cages. The noise attenuating devices installed
by RBC shall be attached to approximately 150 linear feet offence,
shall be approximately 6 feet in height.
CONTINUED USE OF THE FIELDS EXCLUSIVELY BY RIDGE BASEBALL
42. Over the course of the Leases, and pursuant to Ridge Baseball’s request for the
amendments thereto, certain members of Ridge Baseball made presentations at public hearings,
stating, inter alia, little league games do not generate much spectators; the addition of lighting
should not contribute in any way to an increase in noise or traffic; the lighting will be evaluated so
as to not interfere with neighboring property owners; and that they have mitigated traffic problems
on neighboring streets created by Ridge Baseball’s increased parking demand in excess of parking
availability on the Property, specifically, during tournament play on the Property by Ridge
Baseball.
43. Upon information and belief, since in or around 2004, Ridge Baseball has increased
the intensity of the baseball use of the Property, by increasing the size of the fields; adding field
lights, a public address system, batting cages along Valley Road, and an illuminated score board;
became a member of a different baseball league (increasing the use of the fields at the Property);
added tournaments to the Property’s baseball schedule; and has since placed a gate or chain across
the entrance to the Property, limiting the use of the Property exclusively for Ridge Baseball.
44. Likewise, meetings have been held by representatives of the Defendants, the
Township and Ridge Baseball, and neighboring property owners, concerning, inter alia, the overall
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public nuisance created by the use of the Property by Ridge Baseball, including public address
system noise, the negative impact on the character of the surrounding neighborhood due to light,
noise and traffic issues, and lack of parking and safety of residents along neighboring streets,
especially during tournaments.
45. Upon information and belief, the field lights at the Property have misaligned
fixtures, are outdated, have not been properly serviced or maintained, and adversely impact the
surrounding neighborhood with excessive glare and light spillage.
ORDINANCE #2539
46. On or about November 28, 2023, The Township Committee introduced Ordinance
#2539 on “First Reading”.
47. The alleged purpose of Ordinance #2539 and the 2023 Lease is to provide
Defendant Ridge Baseball to offer “facilities to the community and to facilitate the Lessee’s
promotion of health, safety, morals, and general welfare of the community.”
48. Ordinance #2539 authorizes the appropriate representatives of the Township to
execute the Fourth Amendment to Lease Agreement on behalf of the Township with Ridge
Baseball Club as Lessee, for the Property, for a period of twenty (20) years at a nominal
consideration of $1.00 per year, pursuant to N.J.S.A. 40A:12-14(c) and 40A:12-15(i).
49. Ordinance #2539 also authorizes the amendment of the Lease to increase and
intensify the times during which Ridge Baseball may use the lighting on the fields.
50. On or about December 12, 2023, the Township Committee conducted a regularly
scheduled public hearing on Ordinance #2539.
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51. Upon information and belief, the “public hearing” on Ordinance #2539 included
the clerk reading said ordinance by title, and the Mayor opening the hearing to the public,
whereupon three members of the public spoke as to same.
52. Likewise, the Township adopted Ordinance #2539 without first consulting, or
hearing from, inter alia, a lighting, traffic or sound expert.
53. Notwithstanding the complaints of neighbors over the years and during the hearing,
the Committee did not require any mitigation of the adverse impacts expressed by neighbors,
including Plaintiffs, caused by the use of the Property by Ridge Baseball.
54. Notwithstanding the lack of any documentary or testimonial evidence being
presented to the Committee as to Ordinance #2539, the Amendments to the Lease, and/or the
public’s displeasure with the conduct of Ridge Baseball, the Committee passed Ordinance #2539
on “Second Reading”, adopting same, authorizing the renewal of the lease of the Property for an
additional period of twenty (20) years with nominal consideration.
COUNT I
THE ADOPTION OF ORDINANCE #2539 BY THE

TOWNSHIP WAS ARBITRARY, CAPRICIOUS AND
UNREASONABLE, AND MUST THEREFORE BE SET
ASIDE.
55. Plaintiffs repeat and re-allege the allegations of the preceding paragraphs of the
Complaint as if set forth at length herein.
56. Ordinance #2539 authorized the extension of the Lease for an additional twenty
(20) years.
57. At the December 12, 2023 Township Committee public hearing on Ordinance
#2539, there were no presentations of expert witnesses produced by either the Township or Ridge
Baseball with regard to the Lease, Ridge Baseball’s previous failure to comply with the Lease
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Agreements, the Amendments to the Lease Agreement (including the expansion of its existing
use), or the public’s complaints regarding the traffic, lighting, and noise disruptions created
throughout the neighborhood as a result of Ridge Baseball’s use of the Property.
58. Neither the Township nor Ridge Baseball produced any independent investigation
or report, or held any deliberations, as to the contents and legality of Ordinance #2539, including
whether it complied with the MLUL, the LLBL, or the Township Master Plan.
59. Ordinance #2539 authorized the execution of the 2023 Lease without addressing
the previously expressed problems associated with Ridge Baseball’s use of the Property.
60. A privately used recreational park at the Property, with four (4) fields, lights, a
public address system, an electronic score board that hosts baseball tournaments, which now
covers practically three (3) seasons of the year, is not compatible with, and will adversely impact,
the residential developments surrounding the Property.
61. The uses authorized by Ordinance #2539 and the 2023 Lease do not promote the
health, safety, morals and general welfare of the surrounding community.
62. The uses authorized by Ordinance #2539 and the 2023 Lease are inappropriate for
the Property and its surrounding residential neighborhood.
63. As such, the adoption of Ordinance #2539 was arbitrary, capricious, unreasonable,
contrary to law, ultra vires, invalid, and should be voided by this Court.
WHEREFORE, Plaintiffs demand judgment against the Defendants as follows:
a. Finding that the Township’s actions concerning the adoption of Ordinance
#2539 were arbitrary, capricious, unreasonable, ultra vires, and unlawful;
b. Invalidating Ordinance #2539 as null, void, and without effect;
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c. Enjoining and restraining Defendants from taking any further action with regard
to the Lease of the Property in furtherance of the Committee’s adoption of
Ordinance #2539, authorizing renewal of same;
d. Awarding attorneys’ fees, costs of suit and interest; and
e. Awarding any and all such other relief this Court deems equitable and just.
COUNT II
ORDINANCE #2539 WAS IMPROPERLY ADOPTED, IS

INCONSISTENT WITH THE MASTER PLAN, AND MUST
THEREFORE BE SET ASIDE.
65. Ordinance #2539, and the authorization of the 2023 Lease, is inconsistent with the
goals of the Master Plan, including, but not limited to, the failure to control and calm traffic in the
Township; the decreased maintenance and enhancement of the community character surrounding
the Property; the failure to protect the integrity of the existing neighborhoods surrounding the
Property; the failure to prevent the intrusion of incompatible development with intensities that
exceed the capacity of the natural environment and current infrastructure; and the promotion of
growth-inducing infrastructure extends into the rural countryside.
66. Despite the Property containing a major active recreational facility, Ordinance
#2539 does not enhance the recreation needs of the surrounding neighborhood.
67. Traffic demand generated by the intensification of the use of the Property by Ridge
Baseball exceeds the existing and planned capacity of the Township circulation system, including
those residential streets used for parking during Ridge Baseball events on the Property.
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68. As such, Ordinance #2539 improperly authorized the execution of the 2023 Lease,
contrary to the goals and objectives of the Master Plan, and must therefore be set aside.
COUNT III
ORDINANCE #2539, AND THE LEASE AGREEMENT

VIOLATES THE LOCAL LANDS AND BUILDINGS LAW,
N.J.S.A. 40A:12-1 et seq., AND MUST THEREFORE BE SET
ASIDE
70. As set forth in the Lease Agreement and the Ordinance permitting the execution of
same, the Township states:
the Township is authorized by law to lease its lands to any non-profit

organization or association having for its purposes the promotion of the
health, safety, morals and general welfare of the community while it is
used for such purposes and not for commercial purposes pursuant to
N.J.S.A. 40A:12-14(c) and 40A: 12-15(i).
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71. N.J.S.A. 40A:12-14(c) states:
(c) In the case of a lease to a nonprofit corporation or association for a

public purpose, the lease shall be authorized by … by ordinance, in
the case of a municipality, and may be for nominal or other
consideration. Said authorization shall include the nominal or other
consideration for the lease; the name of the corporation or
corporations who shall be the lessees; the public purpose served by
the lessee; the number of persons benefiting from the public purpose
served by the lessee, whether within or without the municipality in
which the leasehold is located; the term of the lease, and the officer,
employee or agency responsible for enforcement of the conditions
of the lease. Said ordinance or resolution shall also require any
nonprofit corporation holding a lease for a public purpose pursuant
to this section, to annually submit a report to the officer, employee
or agency designated by the governing body, setting out the use to
which the leasehold was put during each year, the activities of the
lessee undertaken in furtherance of the public purpose for which the
leasehold was granted; the approximate value or cost, if any, of such
activities in furtherance of such purpose; and an affirmation of the
continued tax-exempt status of the nonprofit corporation pursuant to
both State and federal law.
72. N.J.S.A. 40A:12-15(i) states:
A leasehold for a term not in excess of 50 years may be made

pursuant to this act and extended for an additional 25 years by
ordinance or resolution thereafter for any county or municipal public
purpose, including, but not limited to:
(i) Any activity for the promotion of the health, safety, morals and
general welfare of the community of any nonprofit corporation or
association.
73. Nevertheless, N.J.S.A. 40A:12-15.1(g) states:
The Legislature finds and declares:
(g) While provisions of statutory law authorize local units to lease or sell
property that is not needed for public use in order to further various
public purposes, these statutory provisions limit municipalities from
enlisting the assistance of nonprofit entities to develop these
properties for a range of public purposes that could enhance the
recreational, educational, and nutritional needs of local residents.
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74. As defined within Bernards’ Ordinance, and as further set forth by the LLBL, Ridge
Baseball’s exclusive use of the Property is not for a “public purpose”.
75. Likewise, the Lease, authorizing total control of the Property to Ridge Baseball, is
not permitted as N.J.S.A. 40A:12-15.1 restricts a municipality from enlisting the assistance of a
nonprofit entity to develop its property for an alleged “public purpose” to allegedly enhance
recreational and/or educational needs of local residents.
76. As such, Ordinance #2539 improperly and illegally authorized the execution of a
lease agreement for public property contrary to the statutes allegedly authorizing same, and must
be set aside.
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COUNT IV
ORDINANCE #2539, AND THE LEASE AGREEMENT,

PERMIT A NONPERMITTED USE OF THE PROPERTY
WITHOUT PROPER USE VARIANCE AND SITE PLAN
APPROVALS AND COMPLIANCE WITH THE MLUL AND
THE TOWNSHIP ORDINANCE, AND MUST THEREFORE
BE SET ASIDE
78. Pursuant to the Township’s Zoning Map, the Property is located in a P-1 Public
Use Zone.
79. Pursuant to Ordinance, Ridge Baseball’s use of the Property is not a “public use”.
80. As access to the Property is restricted during times in which Ridge Baseball is not
using the Property, the Property is not open to the public.
81. The Master Plan identifies the Property as “Township Fields” in contrast to
Township Open Space separately identified therein.
82. As defined within the Bernards’ Ordinance, and as further set forth by the LLBL,
Ridge Baseball’s exclusive use of the Property is not for a “public purpose” nor constitutes “public
open space”, and is not a permitted use in the P-1 Zone District.
83. Ridge Baseball’s use of the Property is not a permitted use.
84. Ridge Baseball is required to comply with the MLUL and the Ordinance for its use
of the Property.
85. Ridge Baseball is required to apply to the appropriate Bernards Township land use
board for Site Plan approval, which would include a request for, at the very least, inter alia, a d(2)
use variance for the expansion of a preexisting nonconforming use, or a d(1) use variance for an
entirely new, non-permitted use in the P-1 Zone.
20
86. Likewise, site plan review would subject Ridge Baseball to the development
standards set forth in the Ordinance, including Article V of the Ordinance.
87. Therefore, Ordinance #2539 improperly and illegally authorized the execution of a
lease agreement for public property, contrary to the MLUL and the Township Ordinance, without
first securing applicable and required land use approvals, and therefore, the use of the Property by
Ridge Baseball constitutes an impermissible use of the Property, and must bet set aside.
COUNT V
THE NONPERMITTED USE OF THE PROPERTY BY

RIDGE BASEBALL CREATES A PUBLIC NUISANCE ON
LAND HARMING NEIGHBORING PROPERTY OWNERS
89. The current use of the Property does not take into consideration the conservation or
protection of neighboring property values, including Plaintiffs’ properties.
21
90. The current use of the Property does not take into consideration the health and
safety of neighboring residents, including Plaintiffs.
91. Due to the proximity of Plaintiffs’ properties to the Property, Plaintiffs have
suffered a special injury distinct from other residents of the Township, and will continue to do so
if the current use of the Property continues.
92. The Township and Ridge Baseball are liable in damages to Plaintiffs for this public
nuisance.
93. The Township and Ridge Baseball are responsible for abating the public nuisance.
94. The use of the Property by Ridge Baseball constitutes a public nuisance.
95. Therefore, Ordinance #2539 improperly and illegally authorized the execution of a
lease agreement for public property that continues to cause a public nuisance, the use of the
Property by Ridge Baseball constitutes an impermissible use of the Property, and therefore
Ordinance #2539 must bet set aside.
22
COUNT VI
THE ADOPTION OF ORDINANE #2539 DEPRIVES

PLAINTIFFS OF THEIR CONSTITUTIONALLY
PROTECTED PROPERTY RIGHTS PURSUANT TO THE
NEW JERSEY CONSTITUTION, N.J.S.A. 10:6-1, ET SEQ.
97. Plaintiffs’ rights were established under the New Jersey Constitution and were
violated by Defendants.
98. Plaintiffs’ rights were established under the New Jersey Civil Rights Act, N.J.S.A.
10:6-1, et seq. (the “NJCRA”).
99. Plaintiffs’ rights were established under the MLUL and LLBL.
100. All actions taken by the Township were done under color of law.
101. The actions of the Township constitute a final decision by a government agency.
102. Plaintiffs reasonably expected to have the Township, its officials, employees and
agents, as government officials, exercise its duty to properly act when introducing, analyzing and
adopting Ordinance #2539 to protect Plaintiffs’ constitutionally protected property rights.
103. The actions of the Township and its respective officials, officers, employees, and
agents, were not logically or legally supportable, were arbitrary, capricious and unreasonable, were
an abuse of discretion, constituted a deprivation of Plaintiffs’ due process and property rights under
color of state law, contrary to the Constitution of New Jersey, the NJCRA, the LLBL and the
MLUL, and demonstrate egregious government misconduct that shocks the conscience as not
conducted in good faith.
104. The Township refused to consider in an unbiased and fair manner Plaintiffs’
objections to the final passage of Ordinance #2539.
23
105. Ordinance #2539 improperly treats certain Township property owners in the
Township of Bernards more favorably than Plaintiffs, violating Plaintiffs’ constitutional equal
protection rights.
106. The adoption of the Ordinance violated Plaintiffs’ constitutionally protected
property rights, as Plaintiffs have invested significant amounts of money in reliance on the zoning
restrictions as they pertained to the Property, as the adoption of Ordinance #2539 and the execution
of the Lease has a significant adverse impact on Plaintiffs’ property rights and property values.
107. Having acted without lawful warrant under color of state laws to deprive Plaintiffs
of their Constitutional rights, the Township is liable to Plaintiffs under the MLUL, LLBL, NJCRA,
and the New Jersey Constitution.
108. Plaintiffs are without alternative relief, administrative or otherwise, and therefore
resort to intervention by the Court.
109. Said actions of Defendants rendered the findings of the Township as to Ordinance
#2539 as invalid, arbitrary, capricious, and contrary to law, and therefore Ordinance #2539 must
bet set aside.
d. Damages pursuant to N.J.S.A. 10:6-1, et seq.;
24
e. For reasonable attorney’s fees and expert fees pursuant to N.J.S.A. 10:6-2(f);
f. Awarding attorneys’ fees, costs of suit and interest; and
g. Awarding any and all such other relief this Court deems equitable and just.
HEROLD LAW, P.A.

By: /s/ Robert F. Simon

Robert F. Simon
Dated: January 26, 2024
DESIGNATION OF TRIAL COUNSEL
Pursuant to Rule 4:25-4, Robert F. Simon, Esq. is hereby designated as trial counsel for
Plaintiffs.
HEROLD LAW, P.A.


Robert F. Simon
CERTIFICATION PURSUANT TO RULE 4:5-1
I hereby certify that there are no related matters currently pending in any Court of
competent jurisdiction. I further certify that I know of no other parties who should be joined in this
matter at the present time.
HEROLD LAW, P.A.


Robert F. Simon
25
CERTIFICATION PURSUANT TO RULE 4:69-4
I hereby certify that all necessary transcripts of local agency proceedings in this case have
been ordered.
HEROLD LAW, P.A.


Robert F. Simon
26
EXHIBIT “A”
Ordinance of the Township of Bernards

1 Collyer Lane, Basking Ridge, NJ 07920
908-766-2510; www.bernards.org
Ordinance #2539
An Ordinance to Authorize the Renewal of the Leasing of Property
to the Ridge Baseball Club, Inc. ("Ridge Baseball Club" or "Lessee")
For a Period of an Additional Twenty Years for a Nominal Consideration
WHEREAS, the Ridge Baseball Club, Inc. is a nonprofit corporation, organized under the laws of the State of New Jersey
on March 4, 2011, having its principal office al c/o Ridge Baseball Club, P.O. Box 98, Basking Ridge, New Jersey 07920
(hereinafter referred to as the "Ridge Baseball Club"); and
WHEREAS, Bernards Township (the "Township") owns certain lands not presently needed for municipal purposes,
formerly Block 178.01, Lot 4, now Block 92.04, Lot 4 (the "Premises"), and is authorized under N.J.S.A. 40A: 12-l4(c) and
N .J.S.A. 40A: l 2- l 5(i) to lease lands to a nonprofit organization for the promotion of the health, safety, morals and general
welfare of the community; and
WHEREAS, the Township and the predecessors to the Ridge Baseball Club entered into a Lease Agreement for the Premises
dated May 14, 2004, and a First Amendment to Lease Agreement dated November 27, 2007, Second Amendment to Lease
dated March 25, 2008, and Third Amendment to Lease Agreement dated November 30, 2011. (collectively, the "Lease
Agreement"); and
WHEREAS, the Township agreed to the assignment of the Lease Agreement by Bernards Township Ordinance #2179,
pursuant to paragraph 16, from the Basking Ridge Little League, Inc. to the Ridge Baseball Club. Ridge Baseball Club shall
assume and be bound by all terms of the Lease Agreement; and
WHEREAS, the Township has received a letter dated March 6, 2023, from the law firm Day Pitney representing Ridge
Baseball Club, requesting a renewal of the Lease Agreement for twenty (20) years; and
WHEREAS, both the Township and Ridge Baseball Club desire to continue its lease of said lands for an additional twenty-
year term commencing May 14. 2024, and expiring May 14. 2044; and
WHEREAS, the Township Committee has acknowledged Ridge Baseball Club's service to the community and its youth.
THERFORE, BE IT ORDAINED, by the Township Committee of the Township of Bernards, Somerset County, New
Jersey as Follows:
1, The Mayor and Clerk or their deputies, are hereby authorized to execute a Fourth Amendment to Lease Agreement
on behalf of the Township, as lessor, with the Ridge Baseball Club, as Lessee, leasing said lands described as Block
92.04, Lot 4 (the "Premises") on the Tax Map of the Township of Bernards for a nominal consideration of $1.00
per year, pursuant to N.ISA 40A: 12-14 (c) and 40A: 12-15 (i).
2. Said Fourth Amendment to the Lease Agreement is on file with the Township Clerk.
3. The public purpose of the Lease Agreement is to provide Ridge Baseball Club facilities to the community and to
facilitate the Lessee's promotion of health, safety, morals, and general welfare of the community.
4. The term of the lease is extended for twenty years commencing May 14, 2024, and expiring May 14, 2044, with a
renewal option for an additional twenty (20) year term upon Lessee providing written notice to the Township not
later than one (1) year before the expiration date of the Lease term, provided the Township Committee adopts such
ordinance approving said lease renewal.
Page 1 of 2
2539
4760329
117303176.3
5. Pursuant to said Fourth Amendment to Lease Agreement, Lessee shall have the right to use the field lights described
in Section D of the Lease Agreement only during the following periods each year, subject to the hours restriction in
the Lease Agreement: (a) from and including April I to and including August 8; and (b) from and including
September 1 to and including November 15.
6. Pursuant to said Fourth Amendment to the Lease Agreement, within six (6) months from the effective date of this
Lease Amendment, Lessee shall install ambient noise attenuating devices designed to reduce noise from the batting
cages near Valley Road. Such devices shall be product(s) specifically manufactured for purposes of noise reduction
and shall be installed by attaching the product(s) directly to the fence along Valley Road immediately adjacent lo
the batting cages. The noise attenuating devices installed by RBC shall be attached to approximately 150 linear feet
of fence, shall be approximately 6 feet in height.
7. The officer responsible for enforcing the conditions of the lease shall be the Township Administrator and Chief
Operating Officer.
8. The Lessee shall submit to the Township Administrator and Chief Operating Officer on or before December 31
annually, a report setting forth the use to which the leasehold was put during the proceeding year; the activities of
the lessee undertaken in furtherance of the public purpose for which the leasehold was granted; the approximate
value or cost, if any of such activities in furtherance of such purpose; and an affirmation of the continued tax-exempt
status of said Lessee pursuant to both State and Federal law.
9. The Lessee shall be subject to such terms and conditions as are set forth in the lease agreement on file with the
Township Clerk.
Each section of this ordinance and every subsection hereof shall be deemed independent, separate and distinct from all other
sections, and the holding of any section or a part hereof to be unconstitutional, void, or ineffective for any cause shall not be
deemed to affect the validity or constitutionality of any section or part hereof.
All ordinances, codes, or parts thereof that are inconsistent \Vith this ordinance are repealed or otherwise modified.
The ordinance is effective upon passage. It will be published in accordance with NJSA 40:49-Zd.
EXPLANATORY STATEMENT
Bernards Township and Ridge Baseball Club desire to continue its lease ofBlock 92.04, Lot 4 for an additional twenty-
year term commencing May 14, 2024, and expiring May 14, 2044 and amend the lease to permit additional usage of
the field lights on said premises during certain portions of the year and to require the installation of noise attenuating
devices along the batting cage fence adjacent to Valley Road for a nominal consideration of $1.00 per year, pursuant
to NJSA 40A:12-14 (c) and 40A:12-15 (i).
Date: 11/28/2023
TOWNSHIP OF BERNARDS
PUBLIC NOTICE
Ordinance #2539 was introduced and passed on first reading by the Township Committee of the Township of Bernards in the County of
Somerset on 11 /28/23 and then ordered to be published according to law, lt will be further considered for final passage and adoption at
a public hearing held at a meeting of the Township Committee at the Municipal Building, 1 Collyer Lane, Basking Ridge, NJ in said township
on 12/12/23, at 8 P.M., when and where, or at such time and place to which said meeting may be adjourned, all persons interested will
be given an opportunity to be heard concerning said ordinance, A complete text of this ordinance is available in the Office of the Municipal
Clerk, 1 Collyer Lane, Basking Ridge, NJ, from 8:30 A.M. to 4:30 P.M., Monday through Friday. Copies are also available via e•mail from
ckieffer@bernards.org,
By Order of the Township Committee

Christine V, Kieffer, Municipal Clerk
Page 2 of2
2539
4760329
117303176.3
Prepared By:
John P. Belardo, Esq.

Bernards Township Attorney
Since 1998
FOURTH AMENDMENT TO LEASE AGREEMENT
THIS FOURTH AMENDMENT TO LEASE AGREEMENT is made as of this effective

date of December _ _ , 2023, between:
RIDGE BASEBALL CLUB, INC., a not-for- profit corporation organized under

the law of the State of New Jersey on March 4, 2011, its successors and assigns,
having its principal office at c/o Ridge Baseball Club, P.O. Box 98, Basking Ridge,
New Jersey 07920 (hereinafter referred to as the "Ridge Baseball Club"), and
THE TOWNSHIP OF BERNARDS, in the County of Somerset, a municipal

corporation of the State ofNew Jersey, having offices at One Collyer Lane, Basking
Ridge, New Jersey 07920 (hereinafter referred to as the 'Township");
WITNESSETH:
WHEREAS, the Township owns land on Valley Road, formerly Block 178.01, Lot 4, now
Block 92.04, Lot 4 ("Premises"), which contains a baseball complex; and
WHEREAS, the Township Premises is not required for municipal purposes and the
Township currently leases the Premises to Ridge Baseball Club for the purpose of constructing,
improving and maintaining a baseball complex (the "Fields and Facilities"); and
WHEREAS, the Township is authorized by law to lease its lands to any non-profit
organization or association having for its purposes the promotion of the health, safety, morals and
general welfare of the community while it is used for such purposes and not for commercial
purposes pursuant to N.J.S.A. 40A:12-14(c) and 40A: 12-15 (i); and
WHEREAS, the Township and the predecessor to the Ridge Baseball Club previously
entered a Lease Agreement dated May 14, 2004, a First Amendment to Lease Agreement dated
November 27, 2007, a Second Amendment to Lease Agreement dated March 25, 2008, and a Third
Amendment to Lease Agreement dated November 30, 2011 (collectively, the "Lease Agreement"),
and the Township and Ridge Baseball Club by execution of this Fourth Amendment to Lease
Agreement desire to amend the Lease Agreement and to incorporate those terms herein; and
WHEREAS, on March 6, 2023, pursuant to Section 3 of the Lease Agreement, Ridge

Baseball Club exercised its option to renew the Lease Agreement for an additional 20-year term
from May 14, 2024 to May 14, 2044; and
4758749
l 144Hll%7.6
WHEREAS, Ridge Baseball Club has also requested an amendment •to the Lease
Agreement concerning the months in which the field lights may be used.
NOW, THEREFORE, the parties agree to this Fourth Amendment to Lease Agreement, to
add the following new sections to the Lease Agreement:
24. The term of the Lease is extended from May 14, 2024, to May 14, 2044.
25. Ridge Baseball Club shall have the option of renewing this Lease Agreement for
an additional term of twenty (20) years upon the same terms and conditions as set
forth in the Lease Agreement by giving written notice to the Township not later
than one (1) year before the expiration date of the Lease term, provided the
Township Committee adopts such ordinance approving said lease renewal.
26. Notwithstanding anything in this Lease Agreement, as amended, to the contrary,

Ridge Baseball Club shall have the right to use the existing field lights at the Fields
and Facilities described in Section D of the Lease Agreement only during the
following periods each year:
a. From and including April I to and including August 8; and
b. From and including September 1 to and including November 15.
27. All other restrictions set forth in this Lease Agreement, as amended, governing
use of the field lights shall remain unaltered and in full force and effect. For the
avoidance of doubt, the parties agree that the daily and hourly use limitations set
forth in Section D(15)(a)-(d) of this Lease Agreement shall apply during any and
all periods when use of the field lights is permitted.
28. Within six (6) mouths from the effective date of this Lease Amendment, RBC shall
install ambient noise attenuating devices designed to reduce noise from the batting
cages near Valley Road. Such devices shall be product(s) specifically
manufactured for purposes of noise reduction and shall be installed by attaching
the product(s) directly to the fence along Valley Road immediately adjacent to the
batting cages. The noise attenuating devices installed by RBC shall be attached to
approximately 150 linear feet of fence, shall be approximately 6 feet in height.
[signature page follows]
4 758749
I 144!10967 6
IN WITNESS WHEREOF the parties hereto have caused these presents to be signed by
their proper corporate officers and their corporate seals to be affixed hereto.
ATTEST: RIDGE BASEBALL CLUB
By: _ _ _ _ _ _ _ _ __
Name: Name:
Title: Title: President
For the Board of Directors of the
Ridge Baseball Club
AS APPROVED BY PROPER AND
Dated: _ _ _ _ _ _ , 2023 AUTHORIZED CORPORATE RESOLUTION
ATTEST: TOWNSHIP OF BERNARDS
By:------------
Name: Christine Kieffer, R.M.C. Name: Andrew J. McNally
Title: Township Clerk Title: Mayor
For the Township Committee
Dated: ____, 2023

,
4758749
l 14480%7 6

2024.01.26 FILED Complaint

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2024.01.26 FILED Complaint

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SOM-L-000117-24 01/26/2024 3:58:08 PM Pg 1 of 32 Trans ID: LCV2024230195

HEROLD LAW, P.A.

SUPERIOR COURT OF NEW JERSEY

TOWNSHIP OF BERNARDS and RIDGE

Plaintiffs, GAURAV PATEL, PAYAL JOSHI, WAQAS REHMAN, UROOJ REHMAN,

PRIYA JADEJA, JERRY ELSON, VALDEMI DA SILVA, ANA CLAUDIA DA SILVA,

PASQUALE M. SAVINO and RITA SAVINO, (together, “Plaintiffs”), by way of Complaint

against Defendants, the TOWNSHIP OF BERNARDS (the “Township”), and RIDGE

commencing May 14, 2024, and expiring May 14, 2044.

5. Plaintiffs, WAQAS REHMAN and UROOJ REHMAN, are individuals, residents

Ridge, New Jersey.

6. Plaintiffs, BRIAN KRAWITZ and BROOKE KRAWITZ, are individuals,

Basking Ridge, New Jersey.

9. Plaintiff, JERRY ELSON, is an individual, a resident of the Township of Bernards,

10. Plaintiffs, VALDEMI DA SILVA and ANA CLAUDIA DA SILVA, are

3540 Valley Road, Basking Ridge, New Jersey.

11. Plaintiffs, PASQUALE M. SAVINO and RITA SAVINO, are individuals,

Basking Ridge, New Jersey.

12. Defendant, TOWNSHIP OF BERNARDS, including the Township Committee, the

Lane, Basking Ridge, New Jersey.

THE MASTER PLAN

adopted in the Township in or around 2010 and 2019.

adopting a new Master Plan.

a. Protect open spaces;

b. Provide adequate fire and first aid safety;

c. Control and calm traffic in town;

d. Connect neighborhoods with pathways/greenways;

e. Create accessible programs to meet the needs of youth; and

f. Protect downtown Basking Ridge, maintaining its charm.

inducing infrastructure should not be extended into the rural countryside.

neighborhood recreation should be continued.

capacity of the Township circulation system.

TOWNSHIP LAND DEVELOPMENT ORDINANCE

“Ordinance”) of the Township’s General Ordinance.

In their interpretation and application, the provisions of this article

No land may be used and no structure may be erected, raised,

chapter, including any requirement and/or condition set forth on an

24. Section 21-48.2 of the Ordinance, “Site Plan Review”, states;

Except as hereinafter provided, no construction permit shall be

conveyed or otherwise dedicated to a municipality, a municipal agency, a board of education, a

29. Permitted uses within the P-1 Zone include:

30. Section 21-10.15 of the Ordinance, “Standard Nonresidential Development” states:

a. Development is permitted in accordance with the use provisions

b. All applicable sections of Article V, Development Regulations,

d. The maximum development shall be controlled by the minimum

31. Article V of the Ordinance, “Development Regulations”, includes, inter alia,

Article V sets forth regulations for the development or change in use

conditions pertaining to the land in question pursuant to N.J.S.A.

32. Section 21 of the Ordinance, Article V, also regulates the following:

Storage and Disposal of Waste, Ventilation, and Vibration.

b. Section 21-39.1 of the Ordinance, “Parking Loading and Access”, contains

Standards for Parking, Loading and Access.

“Recycling Areas” respectively, contains standards for, inter alia, Access,

Location, Inclusion and Dimensions, Location, Accessibility, Design of

Containers, Signs, and Screening.

Stormwater Management Requirements for Major Development, Calculation of

Stormwater Runoff and Groundwater Recharge, Solid and Floatable Materials

Control Standards, Safety Standards for Stormwater Management Basins,

Requirements for Site Development Stormwater Plan, Maintenance and Repair,

Stormwater Management Requirements for Minor Development and Waivers

f. Section 21-46.3 of the Ordinance, “Design of Active Recreational Areas”,

states that “[p]lans, specifications and manufacturers' catalog cuts of any

proposed recreational improvements or equipment shall be included for the

Board's review prior to final approval of the development plan.”