Laptop Battery The New Jersey Supreme Court has rejected the township's request to reconsider its closely watched affordable-housing decision favoring homebuilder Toll Brothers in its battle with the township.
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Thinkpad In asking the court to reconsider its August opinion, attorneys for the township claimed crucial information on which the justices based their decision was inaccurate.
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Microsoft The disputed court decision agreed with Toll Brothers' position that it deserved a powerful legal weapon - a "builder's remedy" - to build an 1,165-unit housing development here.
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Laptop Computers The court maintained the township could have fended off builder's remedy lawsuits by obtaining certification for a community affordable-housing plan from the state Council on Affordable Housing (COAH).
The Supreme Court decision was a bad one to begin with, but the Clinton administration had applied it very narrowly and concluded that there was no reason to make any change in the existing protections other than the migratory bird rule. Mrs. Whitman argues that the court's action requires her to go back and reconsider the issue. That does not, she says, mean that the current protections will be changed. But environmental groups have good reason to feel nervous.
Laptop Computer Lawyers for the township countered that the justices ignored several attempts by township officials to do so that are documented in previous lower court records.
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Desktop Computer A court can grant a builder's remedy to allow developers to bypass local zoning if the developer proves the municipality has not maintained its fair share of affordable units.
Notebooks For a developer to qualify for a builder's remedy, the state requires 15 percent of a proposed development's units be affordable.
Lenovo West Windsor and other New Jersey municipalities contend the builder's remedy is a tool builders use to force towns to accept massive developments.
Hard Drive The township claimed it tried to certify an affordable housing plan with COAH after a previous plan expired in 1991.
Travelstar West Windsor officials have said that a lower court judge involved in previous affordable housing litigation told them they could only take a new plan to COAH for certification if lawyers for all the properties slated for affordable housing approved.
Gateway One lawyer, Henry Hill, who is now Toll Brothers' attorney but was representing another property owner at the time, blocked the township's certification bid.
Laptop Parts Hill said earlier this year that township leaders in the early 1990s "didn't have the political desire . . . to participate in the COAH process."
Software In any case, the township did not obtain COAH certification after 1991 and Hill sued for a builder's remedy on Toll Brothers' behalf shortly thereafter.
Hard Drives In its bid to have the Supreme Court reconsider its decision, the township contended the court examined an inaccurate record of West Windsor's low- and moderate-income housing stock.
Electronics Township officials repeatedly have claimed that West Windsor exceeds the state's requirements for affordable housing. A 2001 COAH report ranked West Windsor 14th in the state for its 463 affordable units built. The township must maintain an opportunity for 929 affordable units.
Canon The 293-acre Toll Brothers development is slated to hold 175 affordable units among its 400 single-family homes, 630 apartments and 135 town houses off Bear Brook Road.
Desktop Pc Toll Brothers and the township are still at odds over state Department of Environmental Protection stream-encroachment permits for the project, although work on the site is already under way in areas not subject to the permit provisions.
Desktop Computers The township has asked a state appellate court to reverse a DEP decision that denied its request for a hearing to challenge issuance of the permits on the basis that work in the stream zone could lead to neighborhood flooding problems.
Think Pad Township Council President Charles Morgan said there is little the township can do to stop the development based on the affordable housing issue.
Repair "It's time for the township and Toll Brothers to lower the decibel level in court," Morgan said.
Data Recovery He called on Toll Brothers to guarantee that it would pay for any flood damage stemming from its development to get the township to back off its challenge to the stream-encroachment permits.
Cisco Hill has said the Toll Brothers development will not lead to or worsen any flooding of neighboring properties, so the developer has no reason to promise to pay for damage in the event of a flood.
Keyboard By Robert Stern
Trenton Times - 10/8/2002
Topic: Sprawl
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