In general, the developers claim that the latest zoning ordinance violates the Township’s Master Plan, as well as the state Municipal Land Use Law. That was also when the Business and Industry zone was created. The developers point out that the last time zoning changes were made that affected warehouses, in 2020, they were preceded by a lengthy Master Plan reexamination and an economic study by an outside company. The ordinance also changes the zoning of a number of parcels to prevent the construction of warehouses there.
The ordinance changes warehouses from a permitted use to a conditional permitted use in the Business and Industry zone, and would prohibit the construction of warehouses on land within 500 feet of a residential zone. The ordinance was created in the wake of opposition to a proposed warehouse abutting the Canal Walk senior residential development. In general, the developers claim that the warehouse ordinance was, as one lawsuit phrased it, “rammed through” during the summer without the traditional studies and Master Plan examination. Northern Nurseries, Inc., which owns affected property at 487 Elizabeth Avenue.Helaine Heller Marital Trust, Heller I Partnership, L.P., Heller II Partnership, L.P., Heller VII Partnership, L.P., Heller VIII Partnership, L.P., and Three Zero Two – M – Franklin Township, L.L.C., which own affected property at 11 and 12 Jensen Drive, 8, 11, 15, 18 and 20 Heller Park Lane, Clark Street, and 245 Belmont Drive.Toranco Executive I & III, LLC and Toranco Executive II, LLC, which own affected properties at 1, 2 and 3 Executive Drive.North Washington, LLC and ONYX 1718, LLC, which are the contract purchasers of affected property at 486 and 488 Elizabeth Avenue.SHI International, which owns affected property at 290 and 300 Davidson Avenue.MCS II Franklin, LLC, PES Franklin II, LLC, and LLL 46, LLC, which own affected property at 163 Weston Road.The suits were filed between August 30 and September 2 and name the Township, Planning Board and the Mayor and Council as defendants. The township’s new ordinance limiting where warehouses can be built has spawned at least six lawsuits asking for it to be struck down due to the way in which it was created, introduced and adopted.
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