Laptop Battery Homebuilder Toll Brothers will continue clearing trees this weekend from the 293-acre site where it plans to build 1,165 new housing units after the township yesterday lost its bid for a temporary court order against the tree removal.
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Thinkpad A two-judge appellate court panel late yesterday rejected the township's request for the temporary injunction against Toll's tree-clearing effort.
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Microsoft The township asked for the injunction Wednesday primarily on grounds that Toll Brothers should not have started cutting down the trees before obtaining a critical stream-encroachment permit from the state Department of Environmental Protection.
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Laptop Computers Township officials contend the DEP ultimately should deny the permit because water runoff from the project might overwhelm a tributary of Little Bear Brook and flood adjacent properties.
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Laptop Computer Lawyers for Toll Brothers countered the township's attempt to link the tree removal with the stream-encroachment permit, saying DEP Commissioner Bradley Campbell already had clarified that the trees are outside the permit zone.
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Desktop Computer Attorneys for the township don't deny that the trees aren't in the stream-encroachment zone.
Notebooks But they claimed the court should put the tree clearing on hold because Campbell issued his clarification without giving the township an opportunity to present its side on the matter.
Lenovo Township Council President Charlie Morgan expressed disappointment that the courts didn't stop the tree clearing.
Hard Drive "We're just going to have to get it through to the DEP that there's a lot more going on here than they've noticed," Morgan said. "The fact that they're moving forward just shows they (Toll Brothers) don't care.
Travelstar "This project is moving forward without careful consideration about the flooding problem with respect to the neighbors," Morgan said. "When I was on the planning board, they refused to guarantee that there weren't (going to be flooding) problems."
Gateway Toll Brothers attorney Henry Hill said the township's court injunction request was a groundless attempt to delay the development off Bear Brook Road.
Laptop Parts Toll Brothers started felling trees on its site Thursday morning and is ready to "put substantial resources on this site to get this plan built."
Software The trees cover about 25 noncontiguous acres on Toll's site. Township officials claim their removal could affect the flow of water through the project downstream.
Hard Drives By Robert Stern
Trenton Times - 9/14/2002
Topic: Sprawl
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