Open space and environment

Flooding and stormwater

The Appellate Division ruled in March 2026 that Franklin's 2023 stormwater ordinance could not be applied to two warehouse applications already complete when it was adopted. The township has joined a regional Lower Millstone watershed plan, and residents have raised drainage problems at Council meetings.

Checked against the primary record on . Every figure on this page is sourced at the foot of the article.

Watershed plan under way through 2027 Last moved

What happens next

Drainage problems can be raised in Public Discussion at any regular Council meeting. The Lower Millstone River watershed plan runs to December 31, 2027; no public comment date has been published.

The 2023 ordinance and the court. On September 12, 2023 the Council adopted Ordinance 4419-23, applying new state stormwater rules to any application without final approval. Two warehouse applicants, B9 Schoolhouse Owner and Concore Realty, sued. The trial court ruled for them in December 2024, and on March 13, 2026 the Appellate Division affirmed: the ordinance is a development regulation, so the state’s Time of Application Rule protects applications already complete when it was adopted. The opinion is unpublished.

Regional watershed plan. On March 24, 2026 the Council joined the Lower Millstone River Watershed Work Group, led by Montgomery Township, to prepare a Watershed Improvement Plan required by the state’s stormwater (MS4) permit. Franklin’s share is capped at $77,725. The plan is to “identify potential locations, projects and costs within the watershed to reduce water pollution and reduce flooding,” with the agreement running to December 31, 2027.

Private systems. Between November 2025 and October 2026 the Council approved 21 stormwater maintenance agreements binding property owners to maintain drywells, basins and similar systems. The township’s FAQ says each device needs an annual maintenance permit, with fees “from $250 to $750.”

Drainage money. Bond Ordinance 4504-26 (May 2026) includes stormwater pipes, catch basins and drainage within its $4.65 million roads and sidewalks line.

What residents have raised. On October 13, 2026 a Bennington Parkway resident reported clogged pipes and debris, and the Manager committed to speak with the resident. Other speakers raised flooding at a Churchill Avenue lot, near Catalpa Park, and a possible runoff fee.

What residents can do. Raise drainage problems in Public Discussion at a Council meeting, or contact the township.

Stormwater in Franklin, explained

Timeline

Each dated event on this issue, oldest first, linked to the full sourced entry.

  1. Resolved Council adopts stormwater Ordinance 4419-23, reaching pending applicationsThe Township Council adopted Ordinance 4419-23, effective October 5, 2023. It applied the state's new stormwater rules to "Any application ... which has not received final approval prior to the effective date of this ordinance."
  2. In court Township Attorney reports 12–13 consolidated suits against township ordinancesTownship Attorney Louis Rainone told the Council there were "12–13 lawsuits challenging ordinances regarding stormwater, noise and the two zoning ordinances," consolidated, with a case management conference on December 4, 2024.
  3. Resolved Trial court rules stormwater ordinance cannot reach B9 and Concore applicationsThe Law Division granted summary judgment to B9 Schoolhouse Owner and Concore Realty, finding Ordinance 4419-23 a zoning ordinance subject to the Time of Application Rule rather than an exempt health-and-safety measure. The township appealed.
  4. Resolved Resident opposes a possible stormwater runoff feeIn public discussion, Beverly Lawson of Amwell Road "opposed a potential water runoff fee, calling it a 'money grab'," the minutes record. "Mayor Kramer addressed the stormwater issues that were raised."
  5. Resolved Appellate Division: stormwater ordinance cannot apply to B9 and Concore applicationsThe Appellate Division affirmed that Ordinance 4419-23 could not be applied to the B9 Schoolhouse Owner and Concore Realty warehouse applications, which were complete before it took effect. The ordinance's primary focus is development, the court held, so the Time of Application Rule protects them.
  6. Active Franklin joins the Lower Millstone River watershed plan, up to $77,725Resolution 26-148 joined Franklin to the Lower Millstone River Watershed Work Group, led by Montgomery Township, to prepare the Watershed Improvement Plan its state stormwater permit requires. Franklin's share is capped at $77,725. Consent agenda, 8–0, with Wright absent.
  7. Active Bennington Parkway resident reports clogged stormwater pipesPeter March of Bennington Parkway "Reported unaddressed stormwater management issues at Bennington Parkway, including clogged pipes and debris," the minutes record, and asked for a site inspection and a regular maintenance schedule. The Manager committed to speak with the resident.

Explainers

Documents

The township's own records on this issue. Each links to the official copy.

Meetings

  • Township Council — October 13, 2026

    The Council adopted Ord. 4517-26 (cluster subdivisions) and Ord. 4520-26, the PILOT for the CWP-ASR Somerset I and II affordable-housing project at 260 Davidson Avenue, each 9-0. In Public Discussion residents spoke on the Flock license-plate cameras, the Sentinel data center in South Brunswick and the NESE project, the Davidson Avenue housing site, PILOTs, stormwater and truck traffic. Mr. Singh said he supported a full public review and a new vote on the cameras.

  • Township Council — March 24, 2026

    After a presentation of the 29-acre Catalpa Park plan, estimated at $9.0–$9.1 million with construction management, the Council authorized bids 8-0. Its consent agenda endorsed the Planning Board's amended Housing Element and Fair Share Plan and a $77,725 stormwater plan shared with Montgomery, and it met in closed session on the Williams Transco litigation.

  • Township Council — December 9, 2025

    On a 7-0 consent agenda the Council adopted Res. #25-511 supporting the New Jersey Immigrant Trust Act, asked the Franklin Township Sewerage Authority to transfer $100,000 to the Township budget, and set the 2026 budget hearings as remote meetings. A resident urged quick adoption of a new B-I zoning ordinance to limit warehouses.

  • Township Council — November 10, 2025

    With all nine members present, the Council's 9-0 consent agenda included an Axon "ALPR License and Integration" state contract of up to $37,800, the CY2024 audit and its corrective action plan, and two stormwater maintenance agreements. It introduced a Brookline Avenue parking ordinance and a pump-station easement. A resident raised the NESE project's air permit.

Sources for this overview

  1. Appellate Division opinion A-1461-24, March 13, 2026
  2. Township Council minutes, March 24, 2026 (Res. 26-148)
  3. Township Council agenda packet, March 24, 2026 (watershed agreement)
  4. Township Council minutes, October 13, 2026 (Bennington Parkway)
  5. Franklin Township FAQ, "Stormwater Management"
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