Roxbury OKs "Last-Mile" Warehouse Ban

ROXBURY, NJ – Despite objections from several owners of commercially-zoned properties, Roxbury officials this week adopted an ordinance that bans construction of warehouses from which parcels are delivered directly to end-users.

Voting unanimously on Tuesday, the Roxbury Mayor and Council adopted the zoning ordinance amendment. The measure was introduced June 11.

CLICK HERE TO SIGN UP FOR THE FREE TAPINTO.NET NEWSLETTER

The amendment - which was recommended by the Roxbury Planning Board Master Plan Committee - prohibits “last-mile” warehouses “in which the building, or any portion thereof, is used for direct distribution of goods to the end-users thereof, or their consignees, in vehicles smaller than box trucks.”

It also prohibits cross-dock facilities “where goods are delivered to the building in trailers, are unloaded, and are re-loaded, after storage within the building for an average period of less than ten (10) days, into trucks or vans, in which the goods are shipped out.”

However, Roxbury’s zoning will continue to permit buildings for which the principal use "is one in which goods are received from manufacturers, distributors and/or wholesale suppliers and stored within the building, for a storage duration prior to being staged and processed for shipment, and thereafter shipped to parties, who are neither the end-users of the goods nor consignees for the end-users, in vehicles no smaller than box trucks.”

Traffic Impact

DOWNLOAD THE FREE TAPINTO APP FOR MORE LOCAL NEWS. AVAILABLE IN THE APPLE STORE AND THE GOOGLE PLAY STORE .

When the ordinance was introduced, Roxbury Planning Board Attorney Thomas Germinario – who wrote the measure – told the council that the new ordinance aims to prohibit “the most intense categories” of warehouses when it comes to generation of traffic: Fulfillment center/ last-mile and cross-dock/parcel hub warehouses.

The measure does not apply to proposed buildings already in the approval process, including the massive warehouse project proposed by Hartz Mountain Industries for a portion of the former Hercules explosives site in Kenvil.

Nevertheless, Hercules was among the landholders objecting to the new ordinance. Brendan Kelly, a lawyer representing the company, appeared at the council meeting to reiterate that objection – first voiced in a letter sent to the township after the ordinance introduction.

“Hercules objects to the adoption of the ordinance as it will deprive the Hercules tract of all economically reasonable use and value,” he said, reading from the letter. “This is especially so given the outdated existing limitation applicable within the … district that unreasonably restricts the percentage of each building that could be devoted to warehouse use.”

Noting the Hercules tract comprises at least 20 percent of the land in Roxbury affected by the change, Kelly also said the “brief traffic justification proffered in the ordinance is insufficient to justify the use restrictions.”

'Bad for Property Values'

Another unhappy local property owner was KPM Realty Associates, affiliated with KPM Exceptional of Landing and Kenvil Power Mower in Kenvil.

“Why would you vote to depress the value of Roxbury property that we’ve invested in?” asked KPM Vice President of Operations Dan Nixon. “Your vote on this ordinance will limit the potential buyers and tenants of our properties and facilities. And your vote will limit the number of employees these tenants employ.”

He said KPM Exceptional’s warehouse in Landing has nearly doubled its number of employees since being opened.

“The truck traffic is a function of sales,” Nixon added. “The greater number of sales, the greater number of trucks. That’s just the way it works. Please consider the impact of your decision that may depress the value of the properties that we hold.”

Roxbury Councilman Jim Rilee, also a member of the planning board, said the purpose of zoning is to achieve a balance that takes into account the capabilities of the town’s infrastructure, including roads.

“Every town constantly looks at zoning and adjusts it,” he said. “Not everything is meant to make everybody the most money possible, otherwise they’d be ripping down houses to build 5-story warehouses and distribution centers because they can make more money on them. So, it’s a balance. That’s all municipal zoning is; it’s a balance. And I think this is an important piece that is going to be put in place to help that balance. We didn’t say we’re getting rid of warehousing.”

Related TAPinto Roxbury coverage:

Roxbury Aims to Ban 'Last-Mile' Warehousing

Roxbury Moves to Limit Warehouse Size

Don’t miss any Roxbury news! Click here to sign-up for our free daily e-newsletter.

Please “like” and “follow” us on Facebook and check out our Twitter feed .

TAPinto Roxbury is free to read, funded entirely by business advertising.

To get your business in front of thousands of readers in Roxbury and beyond, become a TAPinto sponsor! Call 862-259-2448 or click here .

To send press releases, classified ads, items for the event calendar, “Milestones” announcements, etc., look for the “Submit Content” link on the homepage.

Thank you for reading TAPinto Roxbury!

For more local news, visit TAPinto.net