By Allison Musante, Staff Writer
WEST WINDSOR The Township Council is moving along in the litigation process with InterCap, the developer of the proposed retail and residential “transit village” near the Princeton Junction train station.
At its meeting Wednesday night, the council introduced two ordinances that were attached to the litigation settlement, which the council reached with InterCap on Nov. 22. The ordinances codify the agreed-upon land-use elements and restrictions into law, according to Township Attorney Michael J. Herbert.
Mr. Herbert said before construction can begin, litigation must be formally settlement by undergoing a fairness hearing in the Mercer County Superior Court under Judge Linda Feinberg. The date is tentatively scheduled during the third week in March.
”In order for the settlement to ultimately be approved, the land use restrictions would have to be adopted to the extent that there’s variation to the redevelopment plan,” he said. The concept plans will then go before the township Planning Board, which will have 45 days to make comment on it and submit it back to the council for a public hearing.
In May 2009, InterCap Holdings, a Princeton-based real estate development firm, filed a Mt. Laurel affordable housing lawsuit against the township, challenging the redevelopment plan’s provisions for affordable housing at district one where InterCap owns 25 acres of land at the site of the proposed transit village. Judge Feinberg will determine if the settlement satisfies the Mt. Laurel principles and the Fair Housing Act, Mr. Herbert said.
Judge Feinberg must approve the settlement before it can move forward to the Planning Board. If approved at that stage, InterCap will file a Stipulation of Dismissal, formally ending the litigation, according to documents provided by Mr. Herbert.
The settlement deals with the development of a mixed retail and residential space adjacent to the Princeton Junction train station, off Washington Road. The design includes 70,000 square feet of retail space, and 800 residential units, 40 of which are moderate-income affordable units. The residences will sit atop the retail space and overlook a central promenade, an open-air pavilion that will utilize a “shared space” concept, allowing slow-speed traffic to travel through a pedestrian and bicycle pathway and maintaining spaces for active and passive recreation and a farmer’s market.
Ordinance 2011-04 amends township code to include a zoning district for the mixed use Princeton Junction train station district and codifies regulations of land use and business district use. It limits the district’s use to a civic, retail and residential area. Types of businesses permitted in the center will include specialty and gift shops, personal services, such as tailors and barbershops, professional services, such as physicians and lawyers, restaurants, delicatessens, book stores, cultural centers, shipping stores, fitness centers, and banks. The ordinance does not permit drive-through or curb-service facilities.
In addition to permitting the “shared space” promenade, the ordinance outlines other elements, such as parking, lighting, landscaping, and architectural elements.
Ordinance 2011-05 amends and supplements township code relating to the redevelopment plan’s goals and policies. Changes to the plan include permitting single-story retail buildings and removing the requirement of consultation with the West Windsor Bicycle and Pedestrian Alliance as well as public restrooms at the farmer’s market site, as restroom facilities will be publicly provided by the retail buildings. It codifies the design elements as being in line with the district’s goal of achieving “a compact, walkable and bikeable center with active street life and a promenade as the primary public space.”
A public hearing on the ordinances is set for March 7.

