Land use and development

Warehouses and the warehouse ordinance

In 2023 the township removed warehouses as a permitted use in its industrial zones, and the Planning Board has denied the large warehouse plans that followed. Owners sued; the township settled two ordinance suits by allowing small-scale storage, while the Homestead Road denial is still being challenged in court.

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

No new warehouses approved; denials in court Last moved

What happens next

No warehouse application is on a published Planning Board agenda. Any change of use for the former warehouse sites, including housing under the Fourth Round case, would need an ordinance with Planning Board review and a public hearing.

From about 2021, developers proposed large warehouses in Hillsborough, on Homestead Road, Harvard Way, Weston Road, 303 Amwell Road and at Route 206 and Homestead Road. On June 13, 2023 the Township Committee adopted Ordinance 2023-08, which removed warehousing, shipping and receiving as a permitted principal use in the I-1, I-2, I-3, GI and LI industrial districts.

The Planning Board denied the biggest applications: Harvard Way (107,366 sq ft) in October 2022, reaffirmed 5–0 on December 4, 2025 after a court sent it back, and Homestead Road LLC (543,299 sq ft: two warehouses and an office) unanimously in September 2025. Homestead Road LLC filed suit over the denial on December 1, 2025; that case was pending as last reported. The 303 Amwell Road application was withdrawn in January 2026.

Owners also sued over the ordinance. The township settled with the Larken companies in 2024 by allowing “small scale logistics” in the LI district, and with Hillsborough Industrial (SOM-L-0070-25) in late 2025. That settlement produced Ordinance 2026-01, adopted February 24, 2026, which allows “small scale storage and distribution” of no more than 25,000 sq ft per building in the I-1, I-2 and I-3 districts. “Warehouse Ordinance Litigation” was still on the Committee’s closed-session agenda in September 2026.

Several warehouse landowners are now among the challengers to the township’s affordable-housing plan, and the plan lists the Homestead Road site for 398 homes. See Fourth Round housing. At Planning Board meetings, comments about warehousing belong in the public portion of a hearing, not in general public comment.

The warehouse fight, explained

Timeline

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

  1. Resolved Planning Board denies the Harvard Way warehouseThe Planning Board denied Harvard Way JMJ4's 107,366 sq ft warehouse at 3 Harvard Way, off Route 206, in the I-3 zone. Its written resolution followed on November 10, 2022.
  2. In court Harvard Way developer sues over the denialHarvard Way JMJ4 sued the township and its Planning Board over the denial in Somerset County Superior Court on December 22, 2022, according to MyCentralJersey.
  3. Resolved Ordinance 2023-08 removes warehouses as a permitted use in industrial zonesThe Township Committee removed "warehousing, shipping and receiving facilities" as a permitted principal use in the I-1, I-2, I-3, GI and LI industrial districts.
  4. In court Larken companies sue over the warehouse ordinanceEight affiliated companies, including Larken Self Storage, LLC, sued in Somerset County Superior Court to challenge Ordinance 2023-08, according to Patch.
  5. Resolved Committee authorizes the Larken settlementThe Committee authorized a settlement under which the township would permit "small scale logistics facilities" as a principal permitted use in the LI district and the Larken companies would dismiss their suit, according to Patch.
  6. In court Hillsborough Industrial sues to overturn the warehouse ordinanceHillsborough Industrial, LLC, which owns developed properties in the I-2 district, sued to invalidate Ordinance 2023-08 (docket SOM-L-0070-25).
  7. Resolved Master plan amended for small-scale logistics in the Light Industrial districtThe Planning Board adopted a land use element amendment, "Light Industrial District Small Scale Logistics Facilities", the planning basis for the Larken settlement.
  8. Resolved Judge sends Harvard Way back to the Planning BoardJudge William G. Mennen remanded the Harvard Way warehouse case to the Planning Board on limited issues, principally stormwater, rather than overturning the denial.
  9. Resolved Ordinance amended to allow small-scale logistics in the LI districtTo settle the Larken suit, the Committee adopted an amendment permitting small-scale logistics in the LI district, limited to 41,000 sq ft and 35 feet in height, according to Patch.
  10. Resolved Planning Board denies the Homestead Road warehousesAfter about three years of hearings, the Planning Board unanimously denied Homestead Road LLC's 543,299 sq ft plan: two warehouses of 168,304 and 368,995 sq ft and a 6,000 sq ft office. It adopted the written resolution 5–0 on October 9, 2025.
  11. Resolved Committee settles the Hillsborough Industrial suitThe Committee authorized a settlement of SOM-L-0070-25 under which the township would adopt an ordinance permitting small-scale storage and distribution and enclosed manufacturing, in return for dismissal of the suit.
  12. In court Homestead Road LLC sues over the warehouse denialHomestead Road LLC filed suit in Somerset County Superior Court asking the court to overturn the Planning Board's denial and approve its application, according to Patch.
  13. Resolved On remand, Planning Board reaffirms the Harvard Way denial 5–0After rehearing the stormwater issues the court sent back, the Planning Board voted 5–0 to affirm its 2022 denial of the Harvard Way warehouse. It adopted the written resolution on February 5, 2026.
  14. Resolved 303 Amwell Road warehouse application withdrawnThe 80,000 sq ft industrial building proposed at 303 Amwell Road was withdrawn. The township planner told the Planning Board the township attorney had informed them the property had been acquired, "deed in hand".
  15. Resolved Ordinance 2026-01 allows small-scale storage of up to 25,000 sq ft per buildingCarrying out the Hillsborough Industrial settlement, the Committee adopted Ordinance 2026-01 after a public hearing. It permits "small scale storage and distribution" and enclosed manufacturing in the I-1, I-2 and I-3 districts, with no more than one loading dock per 5,000 sq ft.
  16. Pending Township attorney: any settlement will be approved at a public meetingResponding to public comment, the township attorney said "any settlement agreement will be approved at a public meeting." Affordable housing and warehouse litigation were on the closed-session agenda that night.

Explainers

Documents

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

Meetings

  • Township Committee — September 22, 2026

    The Committee released the contractor's performance bond on the Route 206 pedestrian bridge and adopted the wrecker-fee ordinance. The 2026 repaving program had begun. Residents raised Flock cameras and Iron Peak's operating hours.

  • Township Committee — July 28, 2026

    A 27-item consent agenda passed unanimously: $695,616.65 for the 2026 road paving program, $253,070 for Flemming Drive sidewalks, and $78,967.50 to demolish the old municipal building. About 24 residents spoke, the most of the year, including opposition to chip-sealing roads.

  • Township Committee — February 24, 2026

    The Committee awarded the $593,000 police department renovation, bought two police drones, settled the Volkert lawsuit tied to the former Belle Mead depot solar project, and adopted Ordinance 2026-01 on industrial-district uses.

  • Township Committee — January 27, 2026

    A 30-item consent agenda passed unanimously, including the Farm Road design contract, the county recycling agreement and Rehabco as the affordable-housing administrative agent. Ordinance 2026-01, which implements the warehouse settlement, was introduced unanimously.

  • Planning Board — January 22, 2026 (regular meeting)

    The Planning Board voted 9-0 to recommend that a 4.37-acre lot next to the former Sunnymead landfill be added to the redevelopment area, with no condemnation. The 303 Amwell Road warehouse application was withdrawn after the township acquired the property.

  • Planning Board — December 4, 2025

    On a court-ordered remand, the Planning Board voted 5-0 to reaffirm its 2022 denial of the 107,366-square-foot Harvard Way warehouse. It also heard a progress update on the 96-unit Campus Associates apartments, 23 of them affordable.

  • Township Committee — November 25, 2025

    A 39-item consent agenda passed unanimously. It included a $273,000 contract to replace the Route 206 pedestrian bridge over Royce Brook and a settlement of the Hillsborough Industrial warehouse-ordinance lawsuit. A no-parking ordinance for the Millburn Drive area was introduced.

Sources for this overview

  1. Township Committee minutes, February 24, 2026 (Ordinance 2026-01 text and hearing) LocalWhy copy of Township Committee minutes, February 24, 2026 (Ordinance 2026-01 text and hearing) (opens in a new tab)
  2. Township Committee minutes, November 25, 2025 (Hillsborough Industrial settlement) LocalWhy copy of Township Committee minutes, November 25, 2025 (Hillsborough Industrial settlement) (opens in a new tab)
  3. Planning Board minutes, December 4, 2025 (Harvard Way remand) LocalWhy copy of Planning Board minutes, December 4, 2025 (Harvard Way remand) (opens in a new tab)
  4. Planning Board minutes, October 9, 2025 (Homestead Road LLC resolution) LocalWhy copy of Planning Board minutes, October 9, 2025 (Homestead Road LLC resolution) (opens in a new tab)
  5. Patch, December 12, 2025: Homestead Road developer sues
All issues The full timeline