Pohatcong Township City Zoning Code
ARTICLE III
Zone Regulations
§ 285-9 AP Agricultural Preservation.
A.
Purpose (AP). The zone is to recognize the deed restricted farmland and grasslands in the northern part of the Township.
B.
Permitted principal uses (AP).
(1)
Agricultural uses.
(2)
Farms.
(3)
Parks and passive recreation.
(4)
Wireless communications towers and antennas when the tower or antenna is located on property owned, leased, or otherwise controlled by the Township of Pohatcong or Board of Education and provided that a license or lease authorizing the antennas has been approved by the Township of Pohatcong, subject to the conditions set forth in § 285-39J.
C.
Conditional uses.
(1)
Single-family dwellings only as permitted by the deed restrictions provided in Warren County Deed Volume 1563, Page 289, Volume 1570, Page 1, and Deed Volume 1571, Page 237 and as set forth in the bulk requirements below.
(2)
Wireless communications towers and antennas.
(3)
Small wind energy systems.
[Added 5-3-2011 by Ord. No. 11-06]
E.
Performance regulations for all uses.[1]
[1]
Editor's Note: The chart containing performance regulations is included at the end of this chapter.
§ 285-10 R-1 Rural Residential.
A.
Purpose. This zoning district area was created to maintain and promote the prevailing rural agricultural character found within the Musconetcong and Pohatcong Valley areas and to safeguard the environmental attributes identified in the Township Master Plan.
[Amended 6-6-2000 by Ord. No. 00-24]
B.
Permitted principal uses (R-1).
(1)
Single-family dwellings.
(2)
Houses of worship.
(3)
Farms.
(4)
Agricultural uses.
(5)
Wireless communications towers and antennas when the tower or antenna is located on property owned, leased, or otherwise controlled by the Township of Pohatcong or Board of Education and provided that a license or lease authorizing the antennas has been approved by the Township of Pohatcong, subject to the conditions set forth in § 285-39J.[1]
[1]
Editor’s Note: Former Subsection B(6), pertaining to Block 95/Lots 2 and 2.06 on the Township Tax Maps as a permitted use for development in accordance with the ARH Overlay zoning provisions, which immediately followed this subsection, was repealed 6-16-2015 by Ord. No. 15-03.
C.
Permitted accessory uses (R-1).
(1)
Garages.
(2)
Storage sheds, not exceeding 200 square feet and not greater than 16 feet in height.
(3)
Animal pens for not more than four domestic pets which are the property of the resident, except there is no limit on the number of farm animals kept on a farm.
(4)
Other normal residential structures, such as private swimming pools, patios, decks, fireplaces and the like, provided that such shall not be included for the purposes of maximum impervious surface ratio (ISR).
(5)
The office of a member of a recognized profession who is in residence on the lot, provided that not more than 33% of the floor area of one story or the basement is devoted to such use and further provided that not more than three persons other than residents of the premises shall be employed by such professional person. In addition, adequate off-street parking shall be provided on the lot subject to the provision of this chapter.
(6)
Home occupation use as defined in Chapter 123, provided that no employees other than members of the immediate family of the occupant are employed on the premises and no goods for sale or stock-in-trade are displayed so as to be visible from outside the structure.
(7)
Farm stands.
(8)
Housing for farm workers (transient or migratory) to be located upon the farm of an employing farmer, said farm to be at least 20 acres in size, provided that such housing facilities shall be occupied only during that period of time when workers are engaged in agricultural pursuits and that such facilities shall not be occupied during those periods when agricultural growing and harvesting activities are not in progress and provided further that nothing in this chapter shall be deemed to permit the establishment of housing facilities for transient labor not engaged in activities of an agricultural nature. Any building containing such housing facilities shall be located at least 200 feet from a property line and at least 25 feet from another building.
(9)
Small solar energy systems.
[Added 5-3-2011 by Ord. No. 11-06]
D.
Conditional uses (R-1).
E.
Performance regulations for principal uses shall be those set forth in the chart of regulations identified as 285 Attachment 2:1 at the end of this chapter with the exception that with respect to any lot existing prior to October 2, 2001, that is one acre or less, the performance regulations of the R-3 Zone set forth in the chart of regulations identified as 285 Attachment 3:1 at the end of this chapter shall be applicable.
[Amended 3-7-2017 by Ord. No. 17-05]
F.
Performance regulations for accessory uses shall be those set forth in the chart of regulations identified as 285 Attachment 2:1 at the end of this chapter with the exception that with respect to any lot existing prior to October 2, 2001, that is one acre or less, the performance regulations of the R-3 Zone set forth in the chart of regulations identified as 285 Attachment 3:1 at the end of this chapter shall be applicable.
[Amended 3-7-2017 by Ord. No. 17-05]
G.
Performance regulations for conditional uses (R-1). See Article V regarding the performance standards for conditional uses.
H.
Performance regulations for grandfathered undersized vacant and developed lots. The following provisions are exceptions to the performance regulations for single-family dwellings specified in §§ 285-10E and 258-10F hereinabove:
[Added 6-6-2000 by Ord. No. 00-24]
(1)
All vacant lots in the R-1 District existing prior to May 31, 2000, between 2 1/2 acres and five acres in area which conform to the requirements specified in § 285-10H(3) herein shall be permitted to be developed with a detached single-family dwelling unit in accordance with the requirements of § 285-10H(3), provided that all other necessary permits and approvals for construction of a detached single-family dwelling unit are secured in the usual manner.
(2)
All detached single-family dwelling units located in the R-1 Districts on May 31, 2000, on lots between 2 1/2 acres and five acres in area shall meet the requirements specified in § 285-10H(3) herein.
(3)
Performance regulations for single-family dwellings on grandfathered lots.
Single-Family Dwelling | ||
|---|---|---|
Minimum lot area | 2 1/2 acres | |
Minimum lot width at setback | 200 feet | |
Minimum lot width at street | 120 feet | |
Maximum lot depth | 500 feet | |
Maximum height (stories/feet) | 2 1/2/35 feet | |
Minimum front yard | 60 feet | |
Minimum side yard | 40 feet | |
Minimum rear yard | 100 feet | |
Maximum impervious surface ratio | 0.10 | |
Accessory Garages | ||
Maximum height | 25 feet | |
Maximum area | 600 square feet | |
Minimum front yard | 60 feet | |
Minimum side yard | 40 feet | |
Minimum rear yard | 100 feet | |
NOTE: All other permitted accessory structures shall conform to the performance regulations for accessory uses (R-1). | ||
§ 285-11 (Reserved) [1]
[1]
Editor's Note: Former § 285-11, R-2 Rural Residential, was repealed 6-6-2000 by Ord. No. 00-24.
§ 285-12 R-3 Residential.
A.
Purpose (R-3). Those portions of the Township which are designated R-3 are on existing developed areas in the area of Warren Glen-Bloomsbury Road (Route 639) and south of Mellicks Woods Road towards Route 519. Two vacant areas exist along the northeast borders, adjacent to Lopatcong and Phillipsburg. The allowable density shall be 0.66 to 2.5 dwelling units per acre, depending upon the existing development pattern and the availability of public sewer. Clustering is an option for new development with public sewer and water only. New lots are required to have an acre and a half if they are on septic systems.
B.
Permitted principal uses (R-3).
(1)
Single-family dwellings.
(2)
Houses of worship.
(3)
Farms.
(4)
Agricultural uses.
(5)
Wireless communications towers and antennas when the tower or antenna is located on property owned, leased, or otherwise controlled by the Township of Pohatcong or Board of Education and provided that a license or lease authorizing the antennas has been approved by the Township of Pohatcong, subject to the conditions set forth in § 285-39J.
C.
Permitted accessory uses (R-3).
(1)
Garages.
(2)
Storage sheds, not exceeding 200 square feet and not greater than 16 feet in height.
(3)
Animal pens for not more than four domestic pets which are the property of the resident, except there is no limit on the number of farm animals kept on a farm.
(4)
Other normal residential structures, such as private swimming pools, patios, decks, fireplaces and the like, provided that such shall not be included for the purposes of maximum impervious surface ratio (ISR).
(5)
The office of a member of a recognized profession who is in residence on the lot, provided that not more than 33% of the floor area of one story or the basement is devoted to such use and further provided that not more than three persons other than residents of the premises shall be employed by such professional person. In addition, adequate off-street parking shall be provided on the lot subject to the provisions of this chapter.
(6)
Home occupation use as defined in Chapter 123, provided that no employees other than members of the immediate family of the occupant are employed on the premises and no goods for sale or stock-in-trade are displayed so as to be visible from outside the structure.
(7)
Farm stands.
(8)
Housing for farm workers (transient or migratory) to be located upon the farm of an employing farmer, said farm to be at least 20 acres in size, provided that such housing facilities shall be occupied only during that period of time when workers are engaged in agricultural pursuits and that such facilities shall not be occupied during those periods when agricultural growing and harvesting activities are not in progress and provided further that nothing in this chapter shall be deemed to permit the establishment of housing facilities for transient labor not engaged in activities of an agricultural nature. Any building containing such housing facilities shall be located at least 200 feet from a property line and at least 25 feet from another building.
(9)
Small solar energy systems.
[Added 5-3-2011 by Ord. No. 11-06]
E.
Performance regulations for principal uses (R-3).[1]
[1]
Editor's Note: The chart containing performance regulations is included at the end of this chapter.
F.
Performance regulations for accessory uses (R-3).[2]
[2]
Editor's Note: The chart containing performance regulations is included at the end of this chapter.
§ 285-13 R-3A Residential.
A.
Purpose (R-3A). That portion of the Township which is designated R-3A is on New Brunswick Avenue west of Route 22. The allowable density shall be 0.66 to 12 dwelling units per acre, depending upon the existing development pattern and the availability of public sewer. Clustering is an option for new development with public sewer and water only. New lots are required to have an acre and a half if they are on septic systems.
B.
Permitted principal uses (R-3A).
(1)
Single-family dwellings.
(2)
Houses of worship.
(3)
Farms
(4)
Agricultural uses.
(5)
Wireless communications towers and antennas when the tower or antenna is located on property owned, leased, or otherwise controlled by the Township of Pohatcong or Board of Education and provided that a license or lease authorizing the antennas has been approved by the Township of Pohatcong, subject to the conditions set forth in § 285-39J.
C.
Permitted accessory uses (R-3A).
(1)
Garages.
(2)
Storage sheds, not exceeding 200 square feet and not greater than 16 feet in height.
(3)
Animal pens for not more than four domestic pets which are the property of the resident, except there is no limit on the number of farm animals kept on a farm.
(4)
Other normal residential structures, such as private swimming pools, patios, decks, fireplaces and the like, provided that such shall not be included for the purposes of maximum impervious surface ratio (ISR).
(5)
The office of a member of a recognized profession who is in residence on the lot, provided that not more than 33% of the floor area of one story or the basement is devoted to such use and further provided that not more than three persons other than residents of the premises shall be employed by such professional person. In addition, adequate off-street parking shall be provided on the lot subject to the provisions of this chapter.
(6)
Home occupation use as defined in Chapter 123, provided that no employees other than members of the immediate family of the occupant are employed on the premises and no goods for sale or stock-in-trade are displayed so as to be visible from outside the structure.
(7)
Farm stands.
(8)
Housing for farm workers (transient or migratory) to be located upon the farm of an employing farmer, said farm to be at least 20 acres in size, provided that such housing facilities shall be occupied only during that period of time when workers are engaged in agricultural pursuits and that such facilities shall not be occupied during those periods when agricultural growing and harvesting activities are not in progress and provided further that nothing in this chapter shall be deemed to permit the establishment of housing facilities for transient labor not engaged in activities of an agricultural nature. Any building containing such housing facilities shall be located at least 200 feet from a property line and at least 25 feet from another building.
(9)
Small solar energy systems.
[Added 5-3-2011 by Ord. No. 11-06]
E.
Performance regulations for principal uses (R-3A).[1]
[1]
Editor's Note: The chart containing performance regulations is included at the end of this chapter.
F.
Performance regulations for accessory uses (R-3A).[2]
[2]
Editor's Note: The chart containing performance regulations is included at the end of this chapter.
§ 285-14 R-4 High-Density Residential.
A.
Purpose (R-4). These lands are found throughout the Township, with the majority consisting of previously built small lots. Any new lots that do not have public sewer or water available will have to develop on larger lots.
B.
Permitted principal uses (R-4).
(1)
Single-family dwellings.
(2)
Houses of worship.
(3)
Public and parochial schools.
(4)
Farms.
(5)
Agricultural uses.
(6)
Wireless communications towers and antennas when the tower or antenna is located on property owned, leased, or otherwise controlled by the Township of Pohatcong or Board of Education and provided that a license or lease authorizing the antennas has been approved by the Township of Pohatcong, subject to the conditions set forth in § 285-39J.
C.
Permitted accessory uses (R-4).
(1)
Garages.
(2)
Storage sheds, not exceeding 200 square feet and not greater than 16 feet in height.
(3)
Animal pens for not more than four domestic pets which are the property of the resident, except there is no limit.
(4)
Other normal residential structures, such as private swimming pools, patios, fireplaces and the like, provided that such shall not be included for the purposes of maximum impervious surface ratio (ISR).
(5)
The office of a member of a recognized profession who is in residence on the lot, provided that not more than 33% of the floor area of one story or the basement is devoted to such use and further provided that not more than three persons other than residents of the premises shall be employed by such professional person. In addition, adequate off-street parking shall be provided on the lot subject to the provisions of this chapter.
(6)
Home occupation use as defined in Chapter 123, provided that no employees other than members of the immediate family of the occupant are employed on the premises and no goods for sale or stock-in-trade are displayed so as to be visible from outside the structure.
(7)
Farm stands.
(8)
Housing for farm workers (transient or migratory) to be located upon the farm of an employing farmer, said farm to be at least 20 acres in size, provided that such housing facilities shall be occupied only during that period of time when workers are engaged in agricultural pursuits and that such facilities shall not be occupied during those periods when agricultural growing and harvesting activities are not in progress and provided further that nothing in this chapter shall be deemed to permit the establishment of housing facilities for transient labor not engaged in activities of an agricultural nature. Any building containing such housing facilities shall be located at least 200 feet from a property line and at least 25 feet from another building.
(9)
Small solar energy systems.
[Added 5-3-2011 by Ord. No. 11-06]
E.
Performance regulations for principal uses (R-4)[1]
[1]
Editor's Note: The chart containing performance regulations is included at the end of this chapter.
F.
Performance regulations for accessory uses (R-4).[2]
[2]
Editor's Note: The chart containing performance regulations is included at the end of this chapter.
§ 285-15 R-4V High-Density Village Residential.
A.
Purpose (R-4V). Lands designated R-4V are similar to those classified as R-4, but the R-4V category includes certain neighborhood commercial uses. The density in the R-4V land category is 4.65 dwelling units per acre and 0.25 F.A.R. for commercial uses. There are four R-4V areas, all in the southern portion of the Township and located along either County Route 519 or a major local roadway. These are existing hamlets.
B.
Permitted principal uses (R-4V).
(1)
Single-family dwellings.
(2)
Houses of worship.
(3)
Farms.
(4)
Agricultural uses.
(5)
Retail, office and service uses that existed as of the adoption of this chapter.
(6)
Wireless communications towers and antennas when the tower or antenna is located on property owned, leased, or otherwise controlled by the Township of Pohatcong or Board of Education and provided that a license or lease authorizing the antennas has been approved by the Township of Pohatcong, subject to the conditions set forth in § 285-39J.
(7)
Permitted principal uses in the B-2 Neighborhood Business Zone.
[Added 4-19-2005 by Ord. No. 05-4]
C.
Permitted accessory uses (R-4V).
(1)
Garages.
(2)
Storage sheds, not exceeding 200 square feet and not greater than 16 feet in height.
(3)
Animal pens for not more than four domestic pets which are the property of the resident, except there is no limit on the number of farm animals kept on a farm.
(4)
Other normal residential structures, such as private swimming pools, patios, fireplaces and the like, provided that such shall not be included for the purposes of maximum impervious surface ratio (ISR).
(5)
The office of a member of a recognized profession who is in residence on the lot, provided that not more than 33% of the floor area of one story or the basement is devoted to such use and further provided that not more than three persons other than residents of the premises shall be employed by such professional person. In addition, adequate off-street parking shall be provided on the lot subject to the provisions of this chapter.
(6)
Home occupation use as defined in Chapter 123, provided that no employees other than members of the immediate family of the occupant are employed on the premises and no goods for sale or stock-in-trade are displayed so as to be visible from outside the structure.
(7)
Farm stands.
(8)
Housing for farm workers (transient or migratory) to be located upon the farm of an employing farmer, said farm to be at least 20 acres in size, provided that such housing facilities shall be occupied only during that period of time when workers are engaged in agricultural pursuits and that such facilities shall not be occupied during those periods when agricultural growing and harvesting activities are not in progress and provided further that nothing in this article shall be deemed to permit the establishment of housing facilities for transient labor not engaged in activities of an agricultural nature. Any building containing such housing facilities shall be located at least 200 feet from a property line and at least 25 feet from another building.
(9)
Small solar energy systems.
[Added 5-3-2011 by Ord. No. 11-06]
E.
Performance regulations for principal uses (R-4V).[1]
[1]
Editor's Note: The chart containing performance regulations is included at the end of this chapter.
F.
Performance regulations for accessory uses (R-4V).[2]
[2]
Editor's Note: The chart containing performance regulations is included at the end of this chapter.
§ 285-16 B-1 Professional Office Business.
A.
Purpose (B-1). The B-1 category is located in the northeastern corner of the Township. The zone is largely developed. The B-1 land area accommodates office buildings, single and multifamily housing and office/home combinations. Density and lot areas vary according to the type of use. For example, lots for office buildings are 15,000 square feet. The office building is a maximum height of 2 1/2 stories or 35 feet and accounts for no more than 25% coverage of the lot. Housing lots range from 5,000 square feet for single-family to 10,000 square feet for multifamily.
B.
Permitted principal uses (B-1).
(1)
Professional offices, such as, but not limited to doctors, dentists, architects, engineers, lawyers, real estate agents, insurance brokers or similar professional uses.
(2)
Single-family dwellings.
(3)
Duplex or two-family dwellings.
(4)
Houses of worship.
(5)
Wireless communications towers and antennas when the tower or antenna is located on property owned, leased, or otherwise controlled by the Township of Pohatcong or Board of Education and provided that a license or lease authorizing the antennas has been approved by the Township of Pohatcong, subject to the conditions set forth in § 285-39J.
C.
Permitted accessory uses (B-1).
(1)
Garages.
(2)
Storage sheds, not exceeding 200 square feet and not greater than 16 feet in height.
(3)
Animal pens for not more than four domestic pets which are the property of the resident, except there is no limit on the number of farm animals kept on a farm.
(4)
Other normal residential structures, such as private swimming pools, patios, fireplaces and the like, provided that such shall not be included for the purposes of maximum impervious surface ratio (ISR).
(5)
The office of a member of a recognized profession who is in residence on the lot, provided that not more than 33% of the floor area of one story or the basement is devoted to such use and further provided that not more than three persons other than residents of the premises shall be employed by such professional person. In addition, adequate off-street parking shall be provided on the lot subject to the provisions of this chapter.
(6)
Home occupation use as defined in Chapter 123, provided that no employees other than members of the immediate family of the occupant are employed on the premises and no goods for sale or stock-in-trade are displayed so as to be visible from outside the structure.
(7)
Small solar energy systems.
[Added 5-3-2011 by Ord. No. 11-06]
E.
Performance regulations for principal uses (B-1).[1]
[1]
Editor's Note: The chart containing performance regulations is included at the end of this chapter.
F.
Performance regulations for accessory uses (B-1).[2]
[2]
Editor's Note: The chart containing performance regulations is included at the end of this chapter.
§ 285-17 B-2 Neighborhood Business.
A.
Purpose (B-2). There are several small areas designated B-2. All of these tracts are in the northeastern section of the Township except for one which is located along the southern boundary with Holland Township. The B-2 land category includes the same business uses as in B-1, but also includes retail stores and shops, restaurants, professional offices, business and personal services, municipal facilities, churches and institutional uses. Housing should not be located in the Neighborhood Business Zone. Business uses will be allowed on lots at least 15,000 square feet in size and building heights will not be higher than 2 1/2 stories or 35 feet. Churches and similar religious facilities are required on lots at least five acres in size.
B.
Permitted principal uses (B-2).
(1)
Professional offices, such as but not limited to doctors, dentists, architects, engineers, lawyers, real estate agents, insurance brokers or similar professional uses.
(2)
Banks and financial institutions.
(3)
Stores and shops for retail sales and services conducted entirely within the confines of a building, but not including any of the following:
(a)
Operations which require bulk storage space in excess of 50% of the floor area of any structure.
(b)
Operations which require any fabrication assembly or other intermediate processing of goods for sale to the public, except those service operations which repair, process or otherwise maintain goods or mechanical equipment owned by the customer. The foregoing shall not be deemed to exclude bakery shops where all bakery goods are sold at retail from the premises.
(4)
Full-service restaurants.
(5)
Houses of worship.
(6)
Institutional uses and clubs, lodges, charitable and fraternal organizations.
(7)
Animal shelters.
(8)
Wireless communications towers and antennas when the tower or antenna is located on property owned, leased, or otherwise controlled by the Township of Pohatcong or Board of Education and provided that a license or lease authorizing the antennas has been approved by the Township of Pohatcong, subject to the conditions set forth in § 285-39J.
E.
Performance regulations for principal uses are set forth in Attachment 8 at the end of this chapter, which said attachment and chart of regulations are incorporated herein by reference.
[Amended 3-21-2023 by Ord. No. 23-07]
F.
Performance regulations for accessory uses (B-2). All building and structures shall be located within the setbacks of principal building and structures, except storage sheds which shall be located no closer than five feet to a rear or side property line.
§ 285-17.1 BR Business Residential Mixed-Use.
[Added 2-16-2010 by Ord. No. 10-1]
A.
Purpose (BR). The BR Business Residential Mixed-use District is specifically created for the development/redevelopment of the Shimer School property (Block 44, Lot 1). The purpose of the zone is to facilitate the adaptive reuse of the existing, historically significant building on the site, uniquely located at the intersection of locally important arterial roadways. The intent of the BR land category is to create a mixed-use zone that includes professional offices, financial institutions, restaurants, and certain assembly and institutional uses. Additionally, in the BR Business Residential Mixed-use District retail sales, retail services, multifamily residential housing, shall also be a permitted use upon meeting certain conditions. The district can also be developed with certain medical or supportive residential uses, such as assisted living residences, health care services, medical professional offices and supportive and special needs housing if they are developed in a comprehensive manner. Any use of the site shall require the adaptive reuse of the primary school building and is required to incorporate the entire lot, meaning a compliant lot shall be two acres in size.
B.
Permitted principal uses (BR).
(1)
Professional offices, such as but not limited to architects, engineers, lawyers, real estate agents, insurance brokers or similar professional uses.
(2)
Banks and financial institutions excluding drive-through facilities.
(3)
Restaurants and taverns, excluding drive-through facilities or restaurant stands where food, drink or confections are principally served outside the building, or where food is intended to be consumed in cars parked on the premises.
(4)
Indoor theaters, cultural, recreational and educational facilities and other places of public assembly.
(5)
Commercial recreation facilities which may be private, semipublic or public.
(6)
Institutional uses and clubs, lodges, charitable and fraternal organizations.
(7)
Public buildings and uses owned and operated by the Township or its other governmental entities.
C.
Permitted accessory uses (BR).
(1)
Accessory buildings and structures normally incidental to and subordinate to the principal use.
E.
Prohibited uses (BR).
(1)
Under no circumstances shall the existing trailers on site be used for any continuing uses or purposes. Any change in use on the site shall require site plan approval and no approval may be obtained with the continued use of the trailers on site.
F.
Performance regulations for principal uses (BR).[1]
[1]
Editor's Note: The chart containing performance regulations is included at the end of this chapter.
G.
Performance regulations for accessory uses (BR). All building and structures shall be located within the setbacks of principal building and structures.
§ 285-18 B-3 Highway Business.
A.
Purpose (B-3). There are several areas in the northeastern section of the Township which have been designated Highway Business. These land areas are largely built-out and include the land on which the Phillipsburg Mall is located. B-3 areas accommodate commercial uses similar to those in the B-2 areas, but also include such highway dependent uses such as motels/hotels, auto sales, fast-food restaurants, and industrial operations, exclusive of bulk storage operations. Uses within the B-3 areas should generally be situated on minimum five-acre lots.
B.
Permitted principal uses (B-3).
(1)
Professional offices, such as but not limited to doctors, dentists, architects, engineers, lawyers, real estate agents, insurance brokers, or similar professional uses.
(2)
Banks and financial institutions.
(3)
Stores and shops for retail sales and services conducted entirely within the confines of a building, but not including any of the following:
(a)
Operations which require bulk storage space in excess of 50% of the floor area; or
(b)
Operations which require any fabrication, assembly or other intermediate processing of goods for sale to the public, except those service operations which repair, process or otherwise maintain goods or mechanical equipment owned by the customer. The foregoing shall not be deemed to exclude bakery shops where all bakery goods are sold at retail from the premises.
(4)
Full-service restaurants.
(5)
Houses of worship.
(6)
Institutional uses and clubs, lodges, charitable and fraternal organizations.
(7)
Hotels or motels.
(8)
Scientific or research laboratories devoted to research, design and/or experimentation and processing and fabricating incidental thereto.
(9)
Office buildings for business, professional, executive and administrative purposes.
(10)
Farms and agricultural uses.
(11)
Fast-food restaurants
(12)
Animal kennels, except on farms.
(13)
Wireless communications towers and antennas when the tower or antenna is located on property owned, leased, or otherwise controlled by the Township of Pohatcong or Board of Education and provided that a license or lease authorizing the antennas has been approved by the Township of Pohatcong, subject to the conditions set forth in § 285-39J.
D.
Conditional uses (B-3).
(1)
Day-care or child-care centers.
(2)
Service stations.
(3)
Wireless communications towers and antennas.
(4)
Billboards
[Added 5-4-2010 by Ord. No. 10-5]
(5)
Small wind energy systems.
[Added 5-3-2011 by Ord. No. 11-06]
(6)
Freestanding solar arrays for solar production systems.
[Added 5-3-2011 by Ord. No. 11-06]
E.
Performance regulations for principal uses (B-3).[1]
[1]
Editor's Note: The chart containing performance regulations is included at the end of this chapter.
F.
Performance regulations for accessory uses (B-3) All building and structures shall be located within the setbacks of principal building and structures, except storage sheds which shall be located no closer than five feet to a rear or side property line.
§ 285-19 OR Office Research.
A.
Purpose (OR). One lot, approximately 42 acres in size, adjacent to the most developed section of the Township, has been designated Office Research. The uses permitted in this area should be primarily office buildings and research facilities, but they can be developed within a contained office research park. They should be designated in a campus setting and should give careful attention to avoiding any adverse impacts to adjacent residential areas. Specifically, the OR Zone should include a two-hundred-foot buffer between office research uses and any residential use or residentially zoned land. Access to any land area should be from nonresidential streets, which in turn, direct traffic flows to Route 22.
B.
Permitted principal uses (OR).
(1)
Office buildings for business, professional, executive and administrative purposes.
(2)
Professional office parks.
(3)
Science and research laboratories devoted to research, design and/or experimentation and processing and fabricating incidental thereto.
(4)
Wireless communications towers and antennas when the tower or antenna is located on property owned, leased, or otherwise controlled by the Township of Pohatcong or Board of Education and provided that a license or lease authorizing the antennas has been approved by the Township of Pohatcong, subject to the conditions set forth in § 285-39J.
E.
Performance regulations for principal uses (OR).[1]
[1]
Editor's Note: The chart containing performance regulations is included at the end of this chapter.
F.
Performance regulations for accessory uses (OR).[2]
[2]
Editor's Note: The chart containing performance regulations is included at the end of this chapter.
§ 285-20 I Industrial.
A.
Purpose (I). The areas of the Township previously zoned I-1 and I-2 are combined into one land use category, Industrial Lands, in this category include two small areas along the border with Holland Township and a large area located around the east and southeast perimeter of Alpha Borough. This large area surrounds a portion of the Central Railroad Right-of-Way and much of Springtown Road. Access to the Springtown Road areas is currently limited by the Pohatcong Creek. The main access could be from Springtown Road or through the Borough of Alpha. Industrial parks within the I category should include at least 15 acres. Other industrial and professional uses should be located on minimum five-acre lots.
B.
Permitted principal uses (I).
(1)
Processes of manufacturing, fabricating, packaging, treatment or conversion of products.
(2)
Scientific or research laboratories devoted to research, design and/or experimentation and processing and fabricating incidental thereto.
(3)
Office buildings for business, professional, executive and administrative purposes.
(4)
Farms and agricultural uses.
(5)
Warehouses.
(6)
Wholesale distribution centers.
(7)
Trucking terminals.
(8)
Lumberyards and similar operations requiring bulk storage of materials, such as plumbing and building construction supplies, including the retail sale of such materials.
(9)
Industrial parks.
(10)
Professional office parks.
(11)
Wireless communications towers and antennas when the tower or antenna is located on property owned, leased, or otherwise controlled by the Township of Pohatcong or Board of Education and provided that a license or lease authorizing the antennas has been approved by the Township of Pohatcong, subject to the conditions set forth in § 285-39J.
C.
Permitted accessory uses (I).
(1)
Private garage and storage buildings which are necessary to store any vehicles, equipment or materials on the premises.
(2)
Accessory buildings and structures normally incidental to and subordinate to the principal use.
(3)
Billboards.
[Added 5-4-2010 by Ord. No. 10-5]
(4)
Small solar energy systems.
[Added 5-3-2011 by Ord. No. 11-06]
E.
Performance regulations for principal uses (I).[1]
[1]
Editor's Note: The chart containing performance regulations is included at the end of this chapter.
F.
Performance regulations for accessory uses (I). All building and structures shall be located within the setbacks of principal building and structures.
§ 285-21 Q Quarry.
[Amended 2-15-2011 by Ord. No. 10-16; 5-3-2011 by Ord. No. 11-06; 3-21-2023 by Ord. No. 23-06]
A.
Purpose (Q). The quarry designation is assigned to the area currently dedicated to the quarry operation on Carpentersville Road and is intended to permit the continuation of quarrying operations consistent with the definition of such use as contained in Chapter 213 of the Code of Pohatcong Township. It is the intent of these standards to limit operations to the manufacture and sale of products derived solely from the natural earth materials extracted from the site or other natural earth materials imported to the site. It is the further intent of these standards to provide separation and buffering to surrounding residential uses and to limit, to the greatest extent reasonable, impacts from truck traffic associated with quarrying operations.
B.
Permitted uses - quarrying and mining of earth and rock.
(1)
Quarrying and mining of earth and rock including the following associated uses:
(a)
Quarrying operations.
(b)
Processes of manufacturing, fabricating, packaging, treatment or conversion of products from the natural earth materials extracted from the site or natural earth materials imported to the site.
(c)
Scientific or research laboratories devoted to research, design and/or experimentation and processing and fabricating incidental thereto related to the natural earth materials extracted from the site or natural earth materials imported to the site.
(d)
Office buildings for business, professional, executive and administrative purposes related to quarrying operations.
(e)
Warehouses for the storage of products manufactured on the site.
(f)
Wholesale distribution centers for the distribution of products manufactured at the site.
(g)
Trucking terminals to support the operation of vehicles associated with a quarrying operation.
(h)
Bulk storage of both natural earth materials extracted from the site or imported to the site or products manufactured from natural earth materials.
(2)
Farms and agricultural uses.
(3)
Wireless communications towers and antennas when the tower or antenna is located on property owned, leased, or otherwise controlled by the Township of Pohatcong or Board of Education and provided that a license or lease authorizing the antennas has been approved by the Township of Pohatcong, subject to the conditions set forth in § 285-39J.
C.
Permitted accessory uses (Q).
E.
Performance regulations for principal uses (Q) shall be in accordance with 285 Attachment 12.[1] All quarrying operations shall be set back a minimum distance of 200 feet from any property lines, including any permitted accessory or conditional uses.
[1]
Editor's Note: See Attachment 12, Q Quarry Performance Regulations, of this chapter.
F.
Performance regulations for accessory uses (Q). All building and structures shall be located within the setbacks required for principal buildings and structures.
§ 285-22 W Water-Related Recreation.
A.
Purpose (W). A new land designation is created for the islands in the Delaware River which are currently unzoned. The islands should be developed with water-oriented recreation of a low intensity. Special care should be given to environmental considerations for these areas.
B.
Permitted principal uses (W).
(1)
Boat and canoe rental.
(2)
Wireless communications towers and antennas when the tower or antenna is located on property owned, leased, or otherwise controlled by the Township of Pohatcong or Board of Education and provided that a license or lease authorizing the antennas has been approved by the Township of Pohatcong, subject to the conditions set forth in § 285-39J.
D.
Performance regulations for boat and canoe rentals (W). Any development within the Water-Related Recreation zone shall service or support only nonmotorized water craft recreational activities, such as canoeing, rafting, tubing, fishing, swimming, etc. Any boat launching ramps, docks or other improvements shall be temporary in nature and shall be removed at the end of every recreational season. Any development within this zone shall be in accordance with N.J.A.C. 7:13-1.1. The dispensing of food or drink shall be specifically prohibited, along with any other activity which has the potential for generating litter.
§ 285-23 AH Affordable Housing Development.
A.
Purpose (AH): Purposes are as follows:
(1)
To encourage innovation in design and reflect changes in land development technology.
(2)
To provide for necessary commercial facilities and services.
(3)
To provide for the opportunity for a range of housing densities.
(4)
To satisfy the need for low- and moderate-income housing.
(5)
To ensure compatibility among land uses.
(6)
To encourage the highest quality urban design and architecture.
(7)
To conserve the value of land.
(8)
To encourage more efficient use of land, public services and facilities.
(9)
To encourage better movement and transportation of people.
(10)
To prevent strip commercial development.
(11)
To encourage attractive and safe residential neighborhoods.
(12)
To preserve the residential integrity of adjacent areas.
(13)
This use shall be permitted only in the areas of the AH District designated on the Zoning Map.
B.
Permitted principal uses (AH).
(1)
Single-family detached dwellings.
(2)
Semidetached single-family dwellings.
(3)
Duplexes.
(4)
Triplexes.
(5)
Quadplexes.
(6)
Townhouses.
(7)
Apartments.
(8)
Schools.
(9)
Houses of Worship.
(10)
Farms and agricultural uses.
(11)
Parks and conservation areas, including golf courses.
(12)
Retail sales of goods and services.
(13)
Banks, including drive-in facilities.
(14)
Offices and office buildings, including business and professional services.
(15)
Restaurants, except drive-in and fast-food restaurants.
(16)
Institutional uses and nonprofit clubs, lodges, charitable and fraternal organizations.
(17)
Post offices.
(18)
Beauty parlors/barbershops and other personal services.
(19)
Day care or child-care centers.
(20)
Wireless communications towers and antennas when the tower or antenna is located on property owned, leased, or otherwise controlled by the Township of Pohatcong or Board of Education and provided that a license or lease authorizing the antennas has been approved by the Township of Pohatcong, subject to the conditions set forth in § 285-39J.
D.
Conditional uses (AH).
(1)
Wireless communications towers and antennas
(2)
Small wind energy systems.
[Added 5-3-2011 by Ord. No. 11-06]
(3)
Ground-mounted solar arrays for solar production systems. This development option, the development of all or portions of the AH zone as the conditional use of a solar production system, shall effectively remove the AH zone designation from those areas developed as a solar production system and the area developed as a solar production system shall revert to the R-1 zone designation. Any future development of the properties, lease areas, or other designated areas developed as a solar production system shall no longer be considered AH for the purposes of future development.
[Added 5-3-2011 by Ord. No. 11-06]
E.
Performance standards (AH).
(1)
No affordable housing development under this chapter shall take place except upon tracts of land having a minimum of 75 contiguous acres with sufficient access to existing municipal, county and state roads/highways or roads/highways proposed as part of the affordable housing development, and which would interconnect the AH Zone to existing county, state and municipal roads/highways and which is located in an area with available public sanitary sewers and public water.
(2)
AH development shall be located on land environmentally suitable for development. Development on floodplains shall meet New Jersey Department of Environmental Protection flood hazard area standards and regulations, as may be amended from time to time. No development shall be allowed on wetlands, unless approved by New Jersey Department of Environmental Protection.
(3)
AH development must provide bus stops and bus pull-off lanes, as traffic warrants, at convenient locations that consider reasonable walking distances to residential units.
(4)
In the event that any subdivisions or individual site plans are required of properties in the AH development zones, applicants may apply for such subdivisions or individual site plans simultaneously with the application for development for the AH property.
(5)
The gross density of the AH gross tract area is limited to a maximum of 4.34 dwelling units per acre, but in no event greater than 550 dwelling units.
(6)
No less than 25% of the gross tract area must be open space to include active and passive recreation, agriculture, and a civic and public plaza square for use of the residents.
(7)
Total nonresidential development shall not exceed 30,000 square feet.
(8)
No more than 30% of the lot area of the AH gross tract area shall be covered by buildings or structures including parking structures; no more than 65% shall be impervious coverage, including buildings, parking and roads.
(9)
No aboveground structure shall be located within 50 feet of any AH tract boundary line, except where single-family lots within the AH tract directly abut existing single-family lots, in which case the minimum lot setbacks shall apply. No aboveground structure shall be located within 50 feet of the right-of-way line of any existing off-tract street or road that parallels the tract boundary, except for interstate highways where the setback shall be 100 feet.
(10)
Any part of the AH development not used for structures, roadway-loading accessways, parking or pedestrian walks shall be landscaped with grass, trees and shrubs.
(11)
Minimum frontage on any major county or state highway or collector road shall be 300 feet for the gross tract area.
(12)
Up to 20% of the housing units in an AH development shall be affordable for low- and moderate-income households, with the number of units consistent with the Mount Laurel Developer's Agreement and Stipulation of Dismissal Agreement and in accordance with annually published income guidelines adopted by the New Jersey Council on Affordable Housing (COAH). The unit sizes shall be as follows (or as amended by COAH regulations).
Type of Unit | Minimum Area (square feet) | |
|---|---|---|
Efficiency | 600 | |
1-bedroom | 750 | |
2-bedroom | 850 | |
3-bedroom | 1,000 |
(13)
An affordable housing plan shall be submitted to the Planning Board with the first phase of any AH development. It shall detail how the project will comply with COAH requirements, this chapter, and the settlement agreement.
(14)
No more than 25% of any low- and moderate-income units may be set aside or reserved for senior citizens.
(15)
All low- and moderate-income housing units shall be as accessible as market units to common open space and recreational facilities.
(16)
All low- and moderate-income housing units shall be integrated throughout the site, or section of the development in phases, except in the case of rental units or age restriction units which may be clustered. No low- and moderate-income unit shall be required to be provided in single-family detached or semidetached units as a result of this provision.
(17)
With the exception of inclusionary developments constructed pursuant to low-income tax credit regulations, at least half of all units within each inclusionary development shall be affordable to low-income households. At least one-third of the units in each bedroom distribution shall be affordable to low-income households.
(18)
The Planning Board shall allow for phasing of development in this zone. The phasing schedule shall ensure that development in this zone shall be consistent with the development of infrastructure and supporting services and the sound management of growth in Township of Pohatcong, and consistent with the Mount Laurel Developer's Agreement and Stipulation of Dismissal.
(19)
Prior to the approval of any affordable housing development application made pursuant to the foregoing provisions, the Planning Board shall be required to make the following finding of facts and conclusions:
(a)
That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to standards in Chapter 285, Zoning;
(b)
That the proposals for maintenance and conservation of the common open space are reliable, and the amount, location and purpose of the common open space are adequate;
(c)
That provisions through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment are adequate;
(d)
That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established; and
(e)
In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.
F.
Performance regulations for principal uses (AH).[1]
[1]
Editor's Note: The chart containing performance regulations is included as an attachment to this chapter.
G.
Performance regulations for accessory uses (AH).[2]
[2]
Editor's Note: The chart containing performance regulations is included as an attachment to this chapter.
§ 285-23.1 (Reserved) [1]
[1]
Editor’s Note: Former § 285-23.1, ARH Age-Restricted Housing Overlay zoning provisions, as amended, was repealed 6-16-2015 by Ord. No. 15-03.
§ 285-23.2 Historic structures.
[Added 4-15-2008 by Ord. No. 08-3]
A.
Purpose. The provisions of this section are intended to effect and accomplish the identification, the protection, enhancement and perpetuation of noteworthy examples of historic sites, buildings and structures representative of 18th century, 19th century and early 20th century styles, as well as structures of historic, archeological and/or cultural significance.
B.
Regulated historic structures. The following landmarks are hereby designated as historic structures based upon their archeological, cultural, scenic, historic and/or architectural significance:
C.
Permitted uses. The designation as an historic structure as provided herein shall not expand, diminish or otherwise alter the uses designated by the Official Zoning Map[1] and zoning ordinances applicable to any such structure.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
D.
Demolition restricted. No historic structure so designated by this section shall be demolished in whole or in part until such time as a zoning permit has been issued by the Zoning Officer. All such permits shall be subject to the review procedures of the Historic Preservation Commission as established in Chapter 32 of the Code of the Township of Pohatcong.[2] If the demolition is part of a proposed site plan, subdivision or variance application within the jurisdiction of the Land Use Board, a zoning permit shall not be issued until the 46th day subsequent to the Land Use Board having approved the application through a memorialized resolution.
E.
Historic Preservation Commission review mandated.
(1)
The Land Use Board shall refer to the Historic Preservation Commission for comment every application and accompanying documents for each subdivision, site plan or variance application that relates to an historic structure or the property upon which such a structure is located. The referral shall be by letter notice to the Commission from the Land Use Board secretary upon any such application being declared complete. The Land Use Board shall take into consideration any comments of the Commission but shall retain the ultimate authority with respect to the approval or denial of any historic structure application within its jurisdiction pursuant to the Municipal Land Use Law.[3]
[3]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(2)
All applications for zoning permits pertaining to historic structures designated in this section shall be referred to the Historic Preservation Commission in accordance with the provisions and subject to the exceptions set forth in Chapter 32 of the Code of the Township of Pohatcong.[4] The determination of the Commission shall be conclusive and appealable as a matter of right pursuant to the provisions of Chapter 32.
§ 285-23.3 Short-term rental units.
[Added 6-20-2023 by Ord. No. 23-11]
A.
Purpose. The provisions of this section are intended to license and regulate residential short-term rental units within the Township to protect the health, safety, morals and general welfare of residents by limiting potential deleterious effects from such rentals. Short-term rentals of less than 30 days are permitted as accessory uses in certain cases and provided they are in compliance with the standards set forth below.
B. OWNER OWNER-OCCUPIED PRINCIPAL RESIDENCE SHORT-TERM RENTAL UNIT
Definitions. As used in this section, the following terms shall have the meanings indicated:
The individual or individuals or entity holding title to a property.
The owner of the property resides on the property or in the principal dwelling unit on the property and identifies same as their principal residence. Should the owner of the property or dwelling unit be an entity, then at least one member of the entity with at least a 50% interest in ownership must reside on the property or in the principal dwelling unit on the property and identify it as their principal residence.
A dwelling occupied by the mortgagor or owner in fee simple or by a lessor leasing for a term of not less than six months, maintained as his or her permanent residence and within which they reside the majority of the calendar year. The term "principal residence" shall not include a home utilized as an investment property or a vacation home.
Any dwelling unit or portion of an owner-occupied dwelling unit or secondary dwelling unit or units offered to the public by any means for rent and occupancy for a period of less than 30 days. Short-term rentals shall not include rooms within bed-and-breakfast inns as that term is defined in Chapter 123 of the Code of Pohatcong Township nor to legally existing hotels, motels or rooming houses.
D.
Requirements. Short-term rental units shall be permitted accessory uses within the Township of Pohatcong subject to the following requirements:
(1)
The short-term rental unit shall be located in the Township's residential zoning districts, but shall not be located in the AH or AH-3 Zone Districts.
(3)
The owner of a short-term rental unit within the Township shall obtain a short-term rental permit from the Township Clerk prior to offering the short-term rental unit for occupancy.
E.
Application process for short-term rental units.
(1)
Applicants for a short-term rental unit permits shall submit, on an annual basis, an application for a short-term rental unit permit to the Township Clerk, who shall, with the assistance of other Township departments as necessary, review and either approve or deny said permit. Any application for a short-term rental permit shall be submitted on the application form provided by the Township Clerk and be accompanied by a nonrefundable $500 application fee.
(2)
Prior to approval of a short-term rental unit permit application, a certificate of occupancy shall be required. Said certificate of occupancy shall include confirmation of compliance with all fire safety regulations, building code requirements and property maintenance codes.
(3)
At the time a short-term rental unit permit application is submitted to the Township Clerk, the owner shall also provide:
(a)
Proof of current ownership of the property that is subject of the short-term rental unit permit application.
(b)
Proof that all property taxes due are current.
(c)
Proof of general liability insurance with minimum coverage of $1,000,000 and $2,000,000 umbrella. Said coverage shall indemnify, save, protect and hold harmless the Township of Pohatcong and its agents from any and all claims, demands, damages, fines, obligations, suits, judgments, penalties, causes of action and losses. The declarations pages shall be submitted, together with the Township's business insurance registration form.
(d)
Plans identifying the room or rooms to be made available for rent should the rental not comprise the entire dwelling.
(e)
Completed landlord registration statement, including lead-safe certification.
(4)
Any short-term rental unit permit issued by the Township shall be valid for a period of one year from the date of issuance and shall be renewed on an annual basis by submission of a new short-term rental unit permit application and $500 application/registration fee. Any short-term rental unit permit issued shall automatically expire one year from the date of issuance if not renewed and cannot be transferred to any subsequent owner upon transfer of title.
F.
Short-term rental unit operations requirements.
(1)
All short-term rental units within the Township of Pohatcong shall comply with all applicable rules, regulations and statutes of the Township of Pohatcong and State of New Jersey, including regulations governing such lodging uses, as applicable.
(2)
Occupancy shall be limited to bedrooms within a short-term rental unit and is limited to no more than two persons per bedroom. Occupancy of rooms other than bedrooms is prohibited.
(3)
No signage identifying the short-term rental unit is permitted.
(4)
All occupants of short-term rental units shall comply with all ordinances of the Township of Pohatcong, including, but not limited to, ordinances regulating noise and nuisances. All owners of short-term rental units shall ensure compliance with all ordinances or face possible revocation of the short-term rental unit permit.
(5)
The owner of the short-term rental unit shall post, at eye level on the inside surface of the front door of the short-term rental, the following information:
G.
Violations and penalties.
(1)
The provisions of this section shall be enforced by the Township Zoning Officer, Township Clerk or the Township Police Department.
(2)
Any person found in violation of this section shall be liable for a minimum civil penalty, upon adjudicated violation or admission, in the amount of $100 per day, not to exceed a maximum of $2,000 for each violation.
(3)
All fines and/or penalties issued for violation of this section shall be due and payable to the Township within 30 calendar days, and the Township after 30 days may pursue any and all remedies available by law to recover unpaid fines and penalties.
(4)
If the short-term rental is the subject of one or more substantiated criminal complaints, the Township Clerk may revoke the short-term rental permit.