By: Mike Deak, MyCentralJersey.com

March 16, 2023

The Township Committee is ramping up its fight against warehouse development. With little discussion at the March 13 meeting, the Township Committee introduced an ordinance prohibiting freestanding warehouses from being built anywhere in the township without obtaining a use variance from the Zoning Board of Adjustment, a much more rigorous process than securing site plan approval from the Planning Board.

The ordinance, whose conditions were included in a Planning Board Master Plan Reexamination Report, will be up for a public hearing and final adoption March 27.

Like other Central Jersey municipalities, Branchburg has been trying to mount a defense against warehouse construction as residents have mounted fierce opposition.

In November, Branchburg voters approved a referendum by a 2,669-to-1,912 margin to allow the Township Committee to spend taxpayer money to buy properties in the North Branch section to avoid their development as warehouses or affordable housing.

In 2020, the township adopted a zoning ordinance that prohibited new standalone warehouses in the Route 22 corridor.

That ordinance prompted a number of Superior Court lawsuits which resulted in out-of-court settlements and approvals of warehouse projects.

The Planning Board will continue to hear March 28 a proposal by S/K Stoney Brook Associates, of Jersey City, to build almost 300,000 square feet of warehouse space in three buildings on the 43-acre property in the Evans Way Redevelopment Area bordering Old York Road between Route 202 and Stony Brook Road.

That application was filed after S/K Stoney Brook filed suit in December 2020 challenging the Township Committee’s approval of an ordinance to eliminate warehouses as a permitted use in an industrial zone.

The suit charged that the elimination of warehouses in industrial zones “as unnecessary, arbitrary and apparently not undertaken in good faith.”

The lawsuit was settled out of court in fall 2021.

As part of the settlement of litigation with Branchburg, the developer will give to the township 2.25 acres fronting on Stony Brook Road. The township has yet to make a final decision on what to do with the property which is across the road from White Oak Park.

What the ordinance does

Prohibits warehouses, major distribution centers, large fulfillment centers, last-mile fulfillment centers, high-cube automated warehouses, cross docking and cold storage.

Redefines “light manufacturing.”

Permits storage of materials as accessory uses provided the storage is specifically related to the principle use of the property.

Confirms that hazardous substances facilities are conditional uses in all industrial zones.

Creates conditions for the expansion of existing standalone warehouses.

Would not affect any applications pending before township boards.

Would not affect existing facilities like Federal Express on Meister Avenue.

Email: mdeak@mycentraljersey.com

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