By Kristine Snodgrass, Staff Writer
WEST WINDSOR — At its meeting Tuesday night, Township council arranged an agreement between a builder and a homeowners association to resolve a safety hazard caused by unstable driveway aprons.
As a result of faulty engineering, water is able to get under the aprons at Village Grande at Bear Creek and freeze, said Ron Cohen, a member of the board of trustees of the homeowner association. This causes them to lift several inches off the ground, making an uneven surface for walkers in the 55 and over community, he said.
”If you’re 85, that can be a real problem,” he said. The average age of the community, which consists of 540 homes, is nearly 70, he said. Many residents walk with canes or walkers, or ride scooters, he said.
An engineer hired by the association identified the defects and brought them to the attention of the township. Though township engineers noted that the condition of the sidewalks had changed, it was still recommended that the township approve the release of the performance bonds that were on the agenda Tuesday night, Council President Charlie Morgan said.
Legally, the builder, D.R. Horton, was under no obligation to fix the problem, he said. But the township was able to negotiate that the builder to pay $70,000 for the sidewalks to be fixed. The builder also agreed to pay for any additional problems with the aprons for the next two years.
But as part of the compromise, council Tuesday night granted D.R. Horton full release of five phases of performance guarantees for the community.
Mr. Cohen praised the township council for acting as an intermediary between the builder and the homeowner’s association to work out a solution.
”The presiding officer of the council showed incredible leadership in coming to his constituents aid,” he said.
Also at the meeting, the council directed an amendment to the redevelopment plan to require developers to undergo a financial study that will reveal if the proposed development is tax neutral, tax positive or tax negative, Mr. Morgan said. If it is tax negative, the developer must justify its importance to the redevelopment plan, he said.
”They have to show that, in the context of the entire redevelopment plan, that it’s crucial to the plan,” Mr. Morgan said. “That overall, the plan will be positive.”
The council also authorized the issuance of a new plenary retail consumption liquor license for a minimum bid of $600,000.

