Laptop Battery Frustrated by recent state decisions that have all but cleared the way for homebuilder Toll Brothers to build 1,165 new housing units here, township officials late yesterday asked Gov. James E. McGreevey to halt work on the project.
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Thinkpad Specifically, township leaders want McGreevey to reverse a state Department of Environmental Protection decision that denied the township a hearing over a stream-encroachment permit crucial to the Toll Brothers project.
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Microsoft The permit, which the DEP granted to Toll Brothers in the past year, was placed on hold by DEP Commissioner Bradley Campbell July 3 until all other permits required for the development are issued.
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Laptop Computers But township officials are furious with Campbell for two reasons.
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Laptop Computer First, they say his agency should not have authorized the permit without giving the township or residents from the Windsor Haven development that neighbors the Toll Brothers site a chance to challenge the permit in a hearing.
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Desktop Computer In such a hearing, the township would try to prove that water runoff from the project could overwhelm a tributary to Little Bear Brook and flood adjacent residential properties.
Notebooks Second, the township council contends Campbell should not have given Toll Brothers a clarification of his order staying the permit without input from the township, or at least simultaneously informing the township of the Sept. 9 clarification.
Lenovo The clarification - requested Aug. 26 by Toll Brothers attorney Henry Hill - essentially gave the developer the green light to start clearing 25 acres of trees to make room for the new housing on its 293-acre tract off Bear Brook Road.
Hard Drive That's because Campbell's letter indicates Toll Brothers may begin work on its site as long as the work is not in an area or of the kind regulated either by the stream-encroachment permit or other outstanding permits.
Travelstar The areas in which Toll Brothers crews have been removing trees since Sept. 12 are not in the stream-encroachment or other permit-restricted zones, Hill has said.
Gateway A state appellate court panel last week rejected the township's emergency petition for a temporary injunction against the tree clearing.
Laptop Parts Dismayed with that decision amid two other undecided court appeals the township filed in the case in August, the township council decided to take the matter directly to the governor.
Software "The actions of Commissioner Campbell . . . in order to permit large-scale construction activities while an appeal is pending . . . offends the most basic elements of due process and fairness," the council states in a letter council President Charles Morgan said was delivered to the governor's office late yesterday.
Hard Drives In addition to ordering a halt to construction on the Toll Brothers site and requiring that the DEP hold a stream-encroachment hearing, the letter asks that Campbell be recused from making any decisions related to the project because of his alleged bias in favor of the developer and against the township.
Electronics A spokesman for the governor's office did not return a telephone call for comment late yesterday.
Canon Campbell could not immediately be reached for comment.
By Robert Stern
Trenton Times - 9/20/2002
Topic: Sprawl
