Improvements would be made should West Windsor lose its battle with the developer.
By: Gwen Runkle
WEST WINDSOR The Township Council unanimously deferred action on measures Monday that would allow developer Toll Brothers to begin improvements to Bear Brook Road for its Estates at Princeton Junction housing development, should the township lose its battle with the developer before the state Supreme Court.
Mercer County Superior Court Judge Linda Feinberg ordered the township to take such measures more than seven months ago.
"Toll continues to tell the court that we are not acting in good faith and are dragging our feet," said Township Attorney Michael Herbert.
But despite his insistence to proceed, the council felt it should not act until residents along Bear Brook Road were notified and had the opportunity to address the issue.
"It’s a common courtesy. These are our own people we’re dealing with," said Councilwoman Jackie Alberts.
"I find it hard to believe we’d be called recalcitrant for acting next week instead of this week," added Council President Alison Miller.
The council is expected to take up the deferred temporary capital budget resolution and bond ordinance introduction at its Feb. 11 meeting.
The resolution and bond ordinance would allocate $143,000 for construction easements along Bear Brook Road, if the state Supreme Court does not rule in the township’s favor regarding its builder’s remedy battle with Toll Brothers, Mr. Herbert said.
The township believes lower courts erred in granting Toll Brothers a builder’s remedy under the Mount Laurel doctrine.
A builder’s remedy is granted when the court finds a municipality has not provided its fair share of the region’s low- and moderate-income housing and allows a developer to build more market-rate housing units than would be permitted under the existing zoning in exchange for constructing affordable units.
The 1,165-unit Estates at Princeton Junction development is slated to include 175 affordable-housing units.
The state Supreme Court is expected to make its ruling on this case in the next few months.