Articles Roads and utilities
The Fox Hollow Sewer Agreements, Explained: 1980, 2020, 2023 and the 2026 Deadline
What the 1980 settlement with Fox Hollow Enterprises promised, what the 2020 sewer-service MOU with FH Golf Partners requires for a 240-unit Readington proposal, how Resolution 2023-216 moved the deadlines, what the Township said in May 2025, the FH Golf Partners litigation and Resolution 2026-143 on the Upper Raritan Water Quality Management Plan amendment, and what comes next.
The short version
- The homes would be built in Readington Township; Branchburg’s role is the sewer connection and the restrictions on the Branchburg side of the Fox Hollow Golf Course property, which Branchburg’s own documents state.
- A 1980 settlement of two Superior Court cases promised sewer access for a Readington development of up to 200 units in exchange for preserving the Branchburg portion.
- A 2020 MOU covers a 240-unit proposal (192 age-restricted, 48 affordable), capped at 60,000 gallons per day, with the developer paying for the sewer improvements.
- Resolution 2023-216 moved the deadlines to Dec. 31, 2026 (sewer permits), Dec. 31, 2027 (Readington approvals) and Dec. 31, 2030 (completed connection).
- On July 13, 2026, the Committee discussed in executive session litigation FH Golf Partners initiated over sewer access and adopted Resolution 2026-143, supporting and consenting to the proposed Upper Raritan Water Quality Management Plan amendment, 5–0.
- The first MOU deadline, for the sewer-improvement permits and approvals, is Dec. 31, 2026.
The 1980 settlement
While Fox Hollow Enterprises, Inc. v. Township Committee of the Township of Branchburg (docket L-55046-77) and Fox Hollow Enterprises, Inc. v. Laurita Gabree (docket L-48938-78) were pending in the Superior Court of New Jersey, Law Division, Somerset County, the parties executed a Stipulation of Settlement dated April 21, 1980. Its terms, as the scan reads:
- The land: the Branchburg portion is Block 5, Lot 2; the Readington portion is Block 15, Lot 28.
- The Readington Development: a cluster, townhouse or residential development “not to exceed 200 units,” with the golf course to continue “in substantially the same configuration.”
- Branchburg zoning: single-family homes on lots no larger than one acre; townhouses and cluster development excluded; golf use conditionally permitted. Counsel’s letter of April 22, 1980 says Ordinance 80-372, which included these terms, was adopted “at last night’s meeting.”
- Sewer access: first to the Brandywine pumping station while the golf use continues; if an agency denies that access, to the Township’s Fox Hollow sewerage plant. The developer pays connection and expansion costs, excluding a forced-main construction requirement. Township cooperation “shall not mean or require” any warranty that agency approvals will issue.
- The Branchburg parcel’s future: upon the first use of sewer access, it is restricted to golf-course use or an open natural preserve for Township residents, with development and use rights conveyed to the Township except continued golf use.
- The lawsuits: the settlement recites that the actions would be dismissed with prejudice by consent order after rezoning and execution. LocalWhy has not reviewed the order itself, so the dismissal is recorded here as stipulated.
The 2020 MOU
Resolution 2020-177, adopted by the Township Committee on Aug. 10, 2020, authorized the Mayor and Clerk to sign a Sewer Service MOU with FH Golf Partners, LLC — described in the resolution as successor in interest to Fox Hollow Enterprises, Inc. and owner of the golf-course property in Branchburg and Readington. The MOU is dated Dec. 7, 2020. Its terms:
| Term | What the MOU says |
|---|---|
| Project | 240 units in Readington: 192 age-restricted active-adult market-rate units and 48 family affordable units; no other Readington connections under this agreement |
| Flow | A flow meter; maximum average daily flow of 60,000 gallons per day during any 30-day period |
| Capacity | A Township sewer-conveyance study (funded by an escrow agreement dated Dec. 28, 2018) found insufficient present conveyance capacity; sufficient capacity could be created through improvements at the Brandywine Pump Station and the conveyance system |
| Improvements | FH Golf Partners secures approvals and constructs at its sole cost, including sewer lines to Manhole 1873 on Block 5.11, Lot 2, and pump-station improvements; Branchburg is responsible for any required downstream improvements |
| Approvals | SRVSA, Branchburg, Bridgewater, Somerset County and NJDEP, including the Water Quality Management Plan amendment to include the Readington Development in the SRVSA and County WQMP; Readington must enter an agreement with Branchburg |
| Fees | Readington collects sewer fees at Branchburg’s rates and remits them to Branchburg |
| Reporting | Quarterly project updates to the Township |
| Land | Donation of the Branchburg golf-course property and certain Readington parcels under listed triggers; Branchburg may refuse all or part; in refusal, a recorded deed restriction limits the Branchburg land to golf or public open space. The Branchburg portion is valued at $2,300,000 for donation purposes, and FH would withdraw its tax appeals on that portion |
| Deadlines (original) | Sewer approvals by Sept. 30, 2022; Readington development approvals by Mar. 30, 2023; improvements installed and connected by Sept. 30, 2025 |
The attached Mott MacDonald report of July 29, 2020 measured the Brandywine Pump Station at 325 gallons per minute in a December 13, 2019 drawdown test and put the future design flow at 361 gallons per minute, including existing measured flow, the Fox Hollow proposal and a separate 111-unit development. It recommended pump and electrical upgrades at an estimated $615,000 construction cost. Those figures describe the 2020 engineering evaluation, not current capacity or final design.
200 vs. 240 units. The 1980 settlement caps the Readington Development at 200 units; the 2020 MOU recites a 240-unit proposal. Neither document explains the legal effect of the difference.
The 2023 extension
Resolution 2023-216, adopted Oct. 9, 2023, authorized the Mayor and Clerk to execute an extension. The roll call, as visually checked against the resolution’s scan: Young, Schworn, Beatrice and Owens yes; Columbus absent. The resolution’s signature block lists David Owens as Mayor and Gregory J. Bonin as Administrator/Township Clerk.
The extension replaces paragraph 19’s deadlines:
| Milestone | Original | Extended |
|---|---|---|
| Permits and approvals for the proposed sewer improvements (including the Somerset County and NJDEP WQMP amendment) | Sept. 30, 2022 | Dec. 31, 2026 |
| Permits and approvals for the Readington Development | Mar. 30, 2023 | Dec. 31, 2027 |
| Final sewer improvements completed, installed and connected | Sept. 30, 2025 | Dec. 31, 2030 |
The dates may be extended again only in writing by mutual agreement. The extension’s own handwritten execution date is not legible in the scan.
What the Township said in May 2025
The Mayor’s Office letter of May 15, 2025 and the Township Committee’s FAQ, posted the same day:
- Approvals outstanding: the developer still needs approvals from NJDEP, SRVSA and Bridgewater; the Township must consent to permit applications and cooperate in securing SRVSA treatment approval, but “we are not obligated to guarantee approvals, override independent agencies, or engage in legal action on the developer’s behalf.”
- Capacity: the letter states SRVSA, which serves seven towns, is nearing capacity, faces upcoming PFAS and microplastic treatment mandates with modernization costs that “could exceed $100–$200 million,” and that SRVSA is uncertain whether its current site can support expansion. The FAQ adds that Branchburg’s sewage travels through Bridgewater’s trunk lines, whose aging infrastructure contributes inflow and infiltration.
- The alternative: the FAQ says what is described as a septic system would in reality be a small-scale wastewater treatment facility meeting NJDEP discharge standards, and that the Township “would strongly oppose” such a facility in Branchburg serving development in another municipality. The letter notes the Branchburg portion’s zoning, steep slopes and wetlands.
- The land: the letter restates that if the Readington project is approved, FH Golf Partners would donate the Branchburg portion to the Township.
- A community meeting: both documents refer to a developer-hosted community meeting; neither gives an attendance or speaker count.
These are the Township’s dated statements. The Township’s Fox Hollow page points to the letter, the FAQ and the agreements in its Document Center.
SRVSA in the 2026 minutes
The Somerset Raritan Valley Sewerage Authority is one of the approving agencies the MOU names. At the January 5, 2026 reorganization the Committee appointed Michael Pappas to SRVSA for five years, to Dec. 31, 2030 (5–0), and at the February 23, 2026 meeting it appointed Reinhard Pratt for a five-year term expiring Jan. 31, 2031 (4–0). At the May 11, 2026 meeting, Mr. Young said he had met with Mr. Pratt, the Township’s SRVSA representative, about SRVSA capacity expansions and capital improvements, and that the Finance Committee should meet with SRVSA’s Executive Director to discuss them and their possible financial impact.
The 2026 litigation and the plan amendment
At the July 13, 2026 Committee meeting, the Committee went into executive session at 7:05 p.m. and returned at 7:45 p.m. Mayor Schworn then stated that it had discussed “litigation that has been initiated by FH Golf Partners, LLC regarding sewer access for a proposed development in Readington Township, along with the Township’s support for the NJDEP Water Quality Management Plan amendment.”
The Committee then adopted Resolution 2026-143, “Resolution Supporting and Consenting to Proposed Upper Raritan Water Quality Management Plan Amendment,” on motion of Mr. Owens, seconded by Mr. Young. Recorded vote: 5–0 (Aye: Young, Columbus, Owens, Beatrice, Schworn). The minutes also give the number 2026-143 to the motion to enter executive session that night. The 2020 MOU lists a Water Quality Management Plan amendment among the approvals the sewer improvements need. The minutes read the resolution by title only and do not name the court, docket or claims in the litigation.
What comes next
- Dec. 31, 2026: under the extended MOU, permits and approvals for the sewer improvements, including the Somerset County and NJDEP Water Quality Management Plan amendment, are due unless the parties extend the date in writing.
- The litigation: FH Golf Partners’ case over sewer access is pending; any settlement or Township action on it would come before the Township Committee.
- Dec. 31, 2027 and Dec. 31, 2030: the later MOU deadlines for Readington development approvals and a completed, connected sewer.
What residents can do
- Request the updates. The MOU requires quarterly project updates to the Township; ask the Township Clerk for them and for any SRVSA or NJDEP correspondence, and for Resolution 2026-143.
- Watch the deadline. The first extension deadline is Dec. 31, 2026; any further extension requires a written agreement the Committee would authorize.
- Attend and speak. Township Committee meetings are the second and fourth Monday at 7 p.m. in the Municipal Building courtroom.