Pohatcong Township, NJ Zoning Ordinance

§ 285-24 Nonconforming uses, structures and lots.

Continuance.

(1)

Any lawful nonconforming use on a lot which existed on the date of adoption of this chapter may be continued.

(2)

Any existing structure designed, arranged, intended or devoted to a nonconforming use may be structurally altered subject to the following regulations:

(a)

A nonconforming use shall not be enlarged unless the use is changed to a conforming use; provided, however, that where a building meets the use requirements of this chapter and is nonconforming because of height, area and/or yard regulations, said use may be enlarged, provided that height, area or yard regulations are not further violated, and further provided that in the case of a building which is located in violation of a side or rear yard regulation, any expansion thereof within the same plane of the wall which is in violation of said yard regulations shall be considered a further violation and shall require granting variance therefor, prior to such expansion.

(b)

A nonconforming use changed to a conforming use shall not thereafter be changed back to a nonconforming use.

(c)

A nonconforming use in existence at the time of adoption of this chapter shall not be permitted to be changed to another nonconforming use unless such change would reduce the degree of nonconformance.

(d)

If any nonconforming use shall terminate or cease its activity for a continuous period of not less than two years, it shall not be reestablished but shall be replaced with a use in full conformity with the provisions of this chapter, except that the Board of Adjustment may permit such nonconforming use to be reestablished only to the extent that it existed upon passage of this chapter if it shall find, upon petition therefor and presentation of adequate factual evidence, that such peculiar circumstances exist, whether it is in the form of structural improvements, formation or character of the lot and lands, that no other use in closer conformity to the standards of this chapter may be established thereon.

(e)

Any existing lot which is nonconforming may be modified, provided that when a new lot is formed so as to include within its boundaries any part of a former lot on which there is an existing building or use, the subdivision must be carried out in such a manner as will not infringe upon any of the provisions of this chapter, either with respect to any existing structures or use or any proposed structures or use.

(f)

A zoning permit may only be issued for a nonconforming use or structure after application to the Zoning Board of Adjustment and a hearing on the same, upon notice to all parties entitled thereto.

Completion of existing buildings. Nothing in this chapter shall require any change in plans, construction or designated use of a structure for which a building permit has been issued when construction has been diligently prosecuted within six months following the date of such permit and completed within the term of such permit.

Termination of existing nonconforming uses. If the owner of property upon which a nonconforming use exists wishes to terminate such use and replace it with a use of less objectionable or obnoxious character or with a use in closer conformity with the standards established in the zone for health, safety and neighborhood character, he may do so upon appeal to the Zoning Board and upon finding thereto upon submittal of appropriate factual evidence. The Zoning Board, in granting such appeal, shall impose such conditions as shall ensure adequate limitations upon the extent of such use and the design or alteration of any structure to these ends.

Unlawful use not authorized. Nothing in this chapter shall be interpreted as implied authorization for or approval of the continuance of the use of a structure premises in violation of zoning regulations in effect at the time of adoption of this chapter.

Nonconforming structures, land or uses due to reclassification. The foregoing provisions of this article shall also apply to structures, land or uses which hereafter become nonconforming due to any reclassification of zones under this chapter or any subsequent change in the regulations of this chapter.

§ 285-25 Preservation of natural features.

Existing natural features, such as trees, wetlands, brooks, drainage channels and views, shall be retained. Whenever such features interfere with the proposed use of such property, a retention of the maximum amount of such features consistent with the use of the property shall be required.

Streams and streambeds. No structure shall be built on a lot any side of which fronts on a natural watercourse unless a permit or certificate of exemption has been issued by the New Jersey Department of Environmental Protection or its successor agency as required by the Stream Encroachment Law (N.J.S.A. 58:1-26 et seq.[1]) and the act regarding floodplains (N.J.S.A. 58:16A-50 et seq.).

[1]

Editor's Note: Repealed by L. 1981, c. 262. See N.J.S.A. 58:1A-1 et seq.

Topsoil. No topsoil shall be removed from any lot in the Township unless documentation is provided by the applicant that there is sufficient remaining topsoil to cover all disturbed areas of the lot at a minimum thickness of six inches. Only excess topsoil which is not needed for redistribution on disturbed areas of the lot may be removed from the lot to another lot within the Township, subject to the filing of an erosion and sediment control plan for the destination point of the topsoil. Topsoil shall not be permitted to be removed from the Township.

§ 285-26 Lot, area and yard requirements.

Principal building.

(1)

Only one principal building may be erected on a lot, except for related buildings forming one principal use and limited to the following:

[Amended 12-16-2003 by Ord. No. 03-22]

(a)

Public or institutional building complexes.

(b)

Industrial, manufacturing or retail shopping complexes.

(c)

Such uses as may be allowed in a planned unit development or planned residential development, except single-family detached dwelling uses.

(d)

On farm properties of 50 acres or more qualified under the Farmland Assessment Act, which have been permanently preserved (the development rights have been acquired by any federal, state, county or Township entity, agency or program), including, but not limited to, preservation pursuant to the Farmland Preservation Act (N.J.S.A. 4:16-1 et seq.) not in excess of two single-family residential dwelling houses may be established, providing that: each of the residences is served by a driveway, which may be a common driveway (or farm lane), conforming to the requirements of Chapter 130, Driveways; each of the dwelling houses is served by a separate well and separate septic system unless common wells and/or common septic systems are permitted by law and are approved by the Warren County Board of Health and/or the New Jersey Department of Environmental Protection; all applicable front, side and rear yard setbacks shall be met; and the dwelling houses and the parcels upon which they are located and which are attributable to each of the dwelling houses (the curtilages), shall be nonseverable (not subdividable) and a deed covenant and restriction to that effect shall be required to be established.

(2)

Unless otherwise regulated in this chapter, no principal building shall be located closer to another building than the height of one of the buildings, but in no event closer than 15 feet.

Required areas on lot to be in zone where required. All yards, open space, off-street parking areas and required buffer strips must be contained within the zone in which the use to be served thereby is permitted.

Street frontage required. Primary structures shall be built only upon lots having frontage upon a street improved to meet the Township's requirements.

Yards affected by Master Plan or Official Map. Where a lot has frontage on a street which the Master Plan or the Official Map of the Township indicates is proposed for right of way widening, the required yard area shall be measured from the proposed street line.

Front yard modifications. In any residential zone, in lieu of the minimum front yard depths required by this chapter, when 25% of the block frontage within 200 feet of a proposed building is already improved with buildings, the front yard depth at the front of a proposed building:

(1)

Shall conform to the average alignment of the two nearest buildings within such 200 feet in cases where such average alignment exceeds the minimum front yard depth required in the zone within which such proposed building is situated; provided, however, that in no case shall the depth of such front yard be required to exceed such minimum depth by more than 10 feet.

(2)

May conform to the average alignment of the two nearest buildings within such 200 feet in cases where such average alignment is less than the minimum front yard depth required in the zone within which such proposed building is of situated; provided, however, that in no case shall such front yard have a depth less than 25 feet.

Corner lots and through lots. Where a lot has frontage on two intersecting streets or where a lot extends through from street to street, the applicable front yard regulations shall apply on both street frontages. Detached accessory buildings shall be located to the rear of the front building line of the primary building and shall also conform to the side and rear yard requirements of this chapter for the zone as applicable.

Attached garages. Nothing contained herein shall prevent the construction of a private garage as a structural part of a main dwelling, provided that, when so constructed, the garage walls shall be regarded as the walls of the main dwelling in applying the front, rear and side yard regulations of this chapter.

Usable yard areas.

(1)

Purpose. It is recognized that there are certain critical areas within a parcel of land which would inhibit the appropriate development of the land on which they exist. These constrained areas are to be reserved during the planning process from development. It is the intent of this section to identify those areas which are constrained and to establish areas within each lot which are suitable for development of a conventional building.

(2)

Constrained areas. Except in the AH Zone, the following areas are determined to represent constraints on the development of a lot:

(a)

Wetlands and buffers.

(b)

Floodplains.

(c)

Slopes greater than or equal to 15%.

(d)

Rock outcroppings.

(e)

Depth to seasonal high water less than 1.5 feet (where septic systems are proposed).

(f)

Depth to bedrock less than 3.5 feet (where septic systems are proposed).

(g)

Conservation easement areas.

(3)

All lots shall meet the minimum area and all other dimensional requirements within the zone but shall also enclose within each lot an area which is constraint-free.

(a)

The constraint-free area shall meet the following requirements:

	Minimum Lot Size	Minimum Constraint-Free Area (square feet)
	6 acres	78,250
	5 acres	65,250
	2.5 acres	46,750
	1.5 acres	39,375
	65,625 sf.	39,375
	17,500 sf.	10,500
	15,000 sf.	8,825
	10,000 sf.	6,750
	9,375 sf.	6,400
	5,000 sf.	3,500

(b)

Not less than 1/2 of the constraint-free land shall be within the minimum required yards.

(c)

The constraint-free area shall be contiguous and shall be of such a shape that the length to the width shall not be in a ratio of greater than four to one.

(d)

The Planning Board shall have the authority to allow, in certain specific instances, variations from the shape parameters and the requirement that the constraint-free area be contiguous, provided that the applicant can demonstrate that a dwelling can be constructed on the parcel having the following improvements in constraint-free areas:

[1]

A primary and reserve septic system;

[2]

A well meeting the one-hundred-foot minimum required isolation distance from the septic system;

[3]

An area for the dwelling with an area adjacent to the dwelling for recreation purposes; and,

[4]

An area adjacent to the dwelling for the maneuvering of automobiles.

Open and unobstructed yards.

(1)

The space in a required front yard shall be open and unobstructed above ground level except for:

(a)

Steps giving access to a porch or first floor entry door.

(b)

Other projections specifically authorized in § 89-26I(2) and (3).

(2)

Every part of a required yard shall be open to the sky unobstructed except for accessory buildings and except for the ordinary projection of sills, belt courses and except for ornamental eaves not projecting more than two feet.

(3)

Unroofed entrance porches or terraces which do not rise above the height of the floor level of the ground floor may extend into any yard, provided that the total area of all such porches which extend into such yards does not exceed 200 square feet.

Display of goods for sale in yards. The display of goods for sale or the location of coin-operated vending machines of any type in a manner which would infringe upon the required yard areas specified in this chapter is prohibited.

Commercial vehicles in residential zone. No commercial vehicle shall be parked out of doors overnight or on Sunday in any residential zone, and not more than one commercial vehicle may be garaged on each lot in a residential zone. No display vehicles for commercial purposes shall be parked in any district. The provisions of this section shall not be deemed to apply to the parking of vehicles used primarily in connection with a farm; provided, however, that for the purposes of interpreting this article, passenger cars, station wagons, pickup trucks and vans used for commercial purposes shall not be subject to the provisions of this article if there is not more than one vehicle per lot and the vehicle shall have no more than two tires on each of two axles and shall have a net-rated weight not to exceed one ton.

Corner clearance.

(1)

In order to afford maximum safety to the traveling public, clear sight areas shall be established and maintained on all corner lots. The clear sight area shall be bounded by the right-of-way lines of the intersecting streets and a diagonal line connecting a point on the minor street right-of-way line located 30 feet from the major street right-of-way line and a point on the major street right-of-way line located 100 feet from the minor street right-of-way line. The 30 feet by 100 feet clear sight area has been established and shall be maintained to provide the following minimum intersection sight distance when viewed from a point 15 feet behind the curbline of the major street:

	Speed Limit (mph)	Required Sight Distance (feet)
	25	240
	30	275
	35	315
	40	350
	45	420
	50	475

(2)

On corner lots where the major or through roadway exhibits significant horizontal curvature, the Township may require a larger clear sight area to ensure that the minimum intersection sight distances shown above are provided.

(3)

Within the clear sight area, no wall, fence or other structure shall be erected and no vehicle, object or obstruction shall be parked or placed, and no hedge, shrub or other growth shall be maintained at a height in excess of 20 inches above the center line elevation of the street, except that trees whose branches are trimmed to a height of at least 10 feet above the center line elevation of the street shall be permitted, provided that they do not create a safety hazard.

Fences and walls.

(1)

No fence erected on or around a residential lot or parcel of land shall exceed six feet in height. Preconstructed fences of a standard six-foot height must be installed as close to the ground as possible. The total height of the fence will not include any slight undulations of the ground, provided that 80% of the fence does not exceed the maximum height of six feet.

(2)

Fences shall be permitted to be constructed subject to the following conditions, and provided that the construction of such fences does not violate any of the other provisions of this chapter.

(a)

Maximum height: six feet.

(b)

(Reserved)[1]

[1]

Editor's Note: Former Subsection M(2)(b), regarding the minimum distance to any property line, was repealed 6-17-2003 by Ord. No. 03-10.

(c)

The minimum distance to front property line shall be 10 feet from the street right-of-way line or 15 feet from the existing curbline or edge of pavement, whichever is greater.

(d)

Finished surfaces of fences shall face adjacent properties or, in the event there be none, then the street or property line closest to which the fence is located.

(e)

No fence shall be constructed of woven, interwoven or laced plastic material.

(f)

Fences constructed adjacent to driveways must be designed to provide adequate sight distance in conformance with Chapter 130, Driveways.

(g)

Living fences or screening shall be planted a minimum distance of 10 feet from any street right-of-way and a minimum of three feet from any property line not fronting on a public street. Living fences shall be maintained in a neatly trimmed condition and shall not interfere with visibility on corner lots.

(h)

The following fences and fencing materials are specifically prohibited unless used on a farm: barbed wire fences, short pointed fences, canvas, cloth, electrically charged fences, poultry netting, temporary fences such as snow fences, expandable fences and collapsible fences at any location on the lot upon which a dwelling or structure is situated, except during construction on such property.

[Amended 10-2-2001 by Ord. No. 01-9]

(i)

Fences may be erected on farms for containment of farm animals. The type of fence shall be appropriate for the type of animals to be contained and must be in place prior to animals being permitted on the property. Fencing may include but is not limited to wood or plastic post and board fence, high tensile wire fences, electric wire fences, barbed wire fences or chain link or woven wire fences.

[Added 10-2-2001 by Ord. No. 01-9]

(3)

A fence permit shall be required from the Construction Code Official for all fences erected in the Township, except for living fences. Except as provided in Subsection M(2)(g), none of the other restrictions or provisions shall apply to living fences. The application shall include a copy of a survey or, if none available, a plan, a statement as to the height and location of the fence, method to be employed in its support and the materials used in its construction. In addition, the applicant shall advise the Construction Code Official as to the date on which said fence is to be constructed in order to provide for the inspection thereof.

[Amended 10-2-2001 by Ord. No. 01-9]

Lot grading requirements. Lots shall be graded in a manner which will minimize any detrimental impacts of stormwater runoff on the lot and on adjoining properties, roadways or existing drainage facilities.

[Added 12-21-2004 by Ord. No. 04-36]

(1)

Lots shall be graded so that stormwater is directed away from buildings to prevent flooding and foundation problems.

(2)

Wherever possible, lots shall be graded to direct stormwater into natural or man-made channels or other existing drainage facilities.

(3)

Lots should be graded so that existing drainage patterns are maintained. Drainage shall not be diverted from one watershed to another or from one direction to another. Drainage flows shall be permitted to continue across property lines, provided that proposed flows do not exceed existing flows and that the character of the flow (i.e., sheet flow or concentrated flow) is not changed.

(4)

Lots should be graded to avoid the concentration of flows and provide for dissipation of velocities at all concentrated discharge points.

(5)

No grading shall be permitted which will cause an overload of existing drainage channels or other drainage facilities or cause erosion and sedimentation onto adjoining properties or public roadways.

(6)

No property owner shall be permitted to block or divert existing drainage channels or drainage facilities.

(7)

Lots shall be graded and stabilized in a manner to prevent erosion and sedimentation on the lot or on adjoining lots or roadways. Immediately upon completion of grading, vegetative cover shall be reestablished in accordance with the Standards and Specifications for Soil Erosion and Sediment Control in New Jersey adopted by the Warren County Sail Conservation District.

§ 285-27 Height exceptions.

The height provisions of this chapter shall not apply to the erection of building appurtenances, such as church spires, belfries, towers or flagpoles designed exclusively for ornamental purposes. The height provisions of this chapter shall, moreover, not apply to chimneys, flues, bulkheads, elevator enclosures, water tanks or similar accessory structures occupying an aggregate of 10% or less of the area of the roof on which they are located and further provided that such structures do not exceed the height limit by more than 10 feet. Nothing in this chapter shall prevent the erection above the height limitation of a parapet wall or cornice extending above such height limit not more than three feet.

§ 285-28 Outdoor storage.

Outdoor storage or display of any article or material as an accessory use to any commercial operation is permitted in the B-2, B-3 and I Zones only and then subject to the following regulations:

The outdoor storage of any article or material, other than merchandise for sale on the premises, shall be limited to the side and rear yards and shall be screened by fencing or planting, or both, as approved by the Planning Board pursuant to the provisions of Chapter 224, Site Improvement Standards. The height of the fence shall be equal to or greater than the height of the material stored, but not greater than six feet, and the height of the material to be stored shall not exceed six feet. Said storage shall be located at least 10 feet from a property line. Material so stored shall be kept in an orderly manner at all times, and such material shall not include any discarded or abandoned articles.

The outdoor storage of merchandise for sale on the premises is permitted in the front, side and rear yards, provided that the same is located at least 25 feet from a street right-of-way line and 10 feet from a property line. The area devoted to such storage shall be approved by the Planning Board pursuant to the revision of Chapter 224, Site Improvement Standards, and shall be screened along any side or rear line adjoining a residential zone. The height of material so stored shall not exceed six feet, except for individual articles which have a height of more than six feet. No article or material shall be stored in any required parking area or so located as to interfere with vehicular or pedestrian traffic movement or safety. In addition, no article or material shall be stored or displayed on a sidewalk or parking lot aisle.

The outdoor storage of live plants being displayed for sale on the premises may be located within 10 feet of a street right-of-way line and up to a property line, provided that the height of such material does not exceed 2.5 feet within 25 feet of the curbline or within 10 feet of a property line nor conflict with the provisions of § 285-28A above.

Excepting the outdoor storage of live plants, not more than 50% of any yard shall be devoted to outdoor storage or display. Disabled and/or nonregistered vehicles may not be stored in any zone except in an enclosed garage unless the same are awaiting repair at a licensed public garage or unless the same are new vehicles being stored or displayed at a licensed motor vehicle dealership. For the purposes of this chapter, the term "disabled" shall refer to a motor vehicle which is in such a state of disrepair that it cannot readily be made operable and which conforms to all requirements of the New Jersey Division of Motor Vehicles.

In residential zones, no front yard shall be used for open storage of boats, vehicles or any other equipment, except for vehicular parking on driveways.

In the B-3 Highway Business Zone District, only those products, goods and stock-in-trade relating to any retail or commercial operation located upon the same lot shall be permitted to be stored in temporary storage trailers or storage containers, subject to the following provisions and limitations: the use of such storage trailers or storage containers shall be a temporary use, only, and shall not exceed a duration of 120 days in any calendar year; the use of such trailers or storage containers shall be clearly ancillary to the principal use located upon the same lot; the number of trailers or storage containers located upon the site shall be limited to that number of trailers or storage containers, the aggregate volume of which does not exceed 10% of the total volume of the retail or commercial operation which is the principal use upon the same lot; there shall be a maximum of five annual renewals of the temporary use permit; the temporary use permit shall be issued by the Land Use Board upon review of a site plan or other documentation determined by the Land Use Board as sufficient to render an informed determination that the placement of the trailers or storage containers is reasonably necessary and the location appropriate from such considerations as sight distance, parking, traffic circulation and general aesthetics. Such trailers or storage containers shall be free of any advertising or logos, shall be kept free of all forms of graffiti and shall be either natural aluminum or painted a uniform subdued/pastel color. Any trailers or storage containers which contain flammable and/or hazardous materials shall be properly identified as to contents on the exterior thereof, by placards, in uniform and standard format, so identifying such flammable and/or hazardous materials content.

[Added 6-5-2007 by Ord. No. 07-6]

§ 285-29 Prohibited uses.

Where a use is not specifically permitted in any zone, it is prohibited.

§ 285-30 Public utilities.

The provisions of this section are intended to apply to public or quasi-public utility installations, such as power generating stations, electric substations, power transmission lines, telephone exchanges and similar facilities, but shall not apply to telephone, gas, water, sewer, electric or community antenna television facility distribution lines and similar facilities intended to provide direct service to properties when the same are approved by the appropriate Township agency. Utility installations are permitted as conditional uses in all zones in accordance with N.J.S.A. 40:55D-67. Before the Planning Board shall authorize such a use, it shall ascertain that all the following requirements are complied with:

The lot shall conform to the lot area requirements of the zone in which it is located.

All buildings shall meet the yard and height requirements of the zone in which the use is located.

Adequate provision shall be made for landscaping in parking areas in accordance with § 224-14, Landscaping in parking and loading areas, of Chapter 224, Site Improvement Standards.

Any such building, structure or use shall be designed and arranged so as not to detract from the value of adjoining property.

The Board may impose such conditions as it may deem appropriate with respect to, among other matters, traffic and parking arrangement, the amount of off-street parking, building design and appearance and landscaping.

§ 285-30.1 Small solar energy systems.

[Added 5-3-2011 by Ord. No. 11-06]

Purpose. The purposes of this section regulating Small solar energy systems (110% production) are as follows:

(1)

The primary purpose of a small solar energy system is to provide power for the principal use of the property whereon said system is to be located and shall not be for the generation of power for commercial purposes, although this provision shall not be interpreted to prohibit the sale of excess power generated from a small solar energy system to a supplier/provider. For the purposes of this section, the generation of power shall be limited to 110% of the average annual energy consumed for the principal use of the subject property.

(2)

Small solar energy systems require approval from the zoning officer prior to installation. Applications for an energy system shall include information demonstrating compliance with the provisions of this section. In the event that the zoning officer does not believe the provisions of this section will be satisfied, an applicant may request a variance.

(3)

All applications for small solar energy systems are to be submitted for site plan and/or variance and waiver review to the Planning Board or the Zoning Board, as necessary, when variance(s) and/or waiver(s) are requested.

Locational priorities. Small solar energy systems shall be located in accordance with the priorities listed below.

(1)

Priority 1. Solar arrays shall be rooftop-mounted.

(2)

Priority 2. Solar arrays shall be ground-mounted in the rear yard.

(3)

Priority 3. Solar arrays shall be ground-mounted in the side yard.

Small solar energy systems (110% production).

(1)

The site plan shall conform with the design standards in Chapter 224, Site Improvement Standards, of the Pohatcong Township Code.

(2)

Rooftop solar arrays for small solar energy systems are permitted as an accessory use in all zones subject to the following requirements.

(a)

Rooftop solar arrays shall not exceed a height of 12 inches from the rooftop of a peaked roof and not exceed a height of four feet from the existing roof surface of a flat roof.

(b)

In no event shall the placement of the solar energy system result in a total building height, including panels and mounting equipment, greater than what is permitted in the zoning district which the subject energy system is located.

(3)

Ground-mounted solar arrays for small solar energy systems are permitted as an accessory use in all zones subject to the following requirements.

(a)

Maximum size: no more than 10% of a lot may be devoted to a ground-mounted solar energy system; however, in no case shall a ground-mounted solar energy system exceed 2,500 square feet.

(b)

Ground-mounted solar energy systems shall not exceed a height of 10 feet as measured from the grade plane to the highest point of the mounting equipment and/or panel(s), whichever is higher.

(c)

Minimum setback: All ground-mounted solar energy systems shall have a distance of 20 feet from all property lines in residential zoning districts or 50 feet from any property line in commercial zoning districts.

(d)

Ground-mounted solar energy systems shall not be permitted in any front yard.

(e)

Ground-mounted solar energy systems are permitted in the rear yard.

(f)

Ground-mounted solar energy systems are permitted in side yards, if screened from the street and adjacent properties by evergreen landscaping to create a continuous buffer.

(g)

Ground arrays shall not be located in any constrained area as defined by § 285-26H(2).

(h)

Ground arrays shall not contribute to impervious surface calculations, unless installed above an impervious surface.

(4)

Design and improvement standards.

(a)

systems shall not be used for displaying any advertising except for reasonable identification of the manufacture or operator of the system. In no case shall any identification be visible from a property line.

(b)

systems shall not significantly impair a scenic vista or scenic corridor as identified in the Township's master plan or other published source.

(c)

The natural grade of the lot shall not be changed to increase the elevation of any wind turbine or solar array.

(d)

Wires, cables and transmission lines running between the device and any other structure shall be installed underground.

(e)

All ground-mounted electrical and control equipment shall be secured to prevent unauthorized access.

(f)

The design shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment.

(g)

Installation shall conform to the National Electric Code as adopted by the New Jersey Department of Community Affairs.

(h)

Installation is subject to all local electric company requirements for interconnection.

Abandonment.

(1)

Any small solar energy system which has not been in use for a period of six months shall be removed by the property owner. This removal shall occur within 60 days of the end of such six-month period. Upon removal, the site shall be cleared and restored. Any and all costs of removal shall be the sole responsibility of the property owner. In order to ensure compliance with these requirements, the owner shall provide a performance bond and/or other assurances satisfactory to the appropriate land use board and the Township Council, to cover the cost of removal of the antennas, the supporting equipment, any auxiliary structures enclosing related equipment and any other related improvements to the land which are required to be removed. The amount of the performance guaranty shall be 120% of the estimated cost of removal and shall be subject to the approval of the Township Engineer. Failure to remove an abandoned tower or antenna shall entitle the Township to remove same at the owner's expense.

(2)

When an owner of a system as defined herein has been notified to remove same and has not done so six months after receiving said notice, then the Township may remove such system and place a lien upon the property for the cost of the removal. If removed by the owner, a demolition permit shall be obtained and the facility shall be removed. Upon removal, the site shall be cleaned, restored and revegetated to blend with the existing surrounding vegetation at the time of abandonment.

§ 285-31 Right to farm.

Findings.

(1)

The Planning Board of the Township of Pohatcong has found and so recommended and the Township Council hereby finds and determines that farming has existed and been carried on in the Township for hundreds of years and long before the residential development that has since been prevalent in the Township. The Planning Board further finds that residences have been located in close proximity to existing working farms that engage in spraying, the spreading of animal wastes, fertilizing and irrigation, as well as other activities which are indigenous to farming. The Planning Board has found and determined that farmers must be secure in their ability to earn a livelihood and utilize customary farming procedures and techniques.

(2)

It is hereby determined that whatever nuisance may be caused to others by these farm uses and activities is more than offset by the benefits from farming to the neighborhood, community and society in general by preservation of open space, presentation of the beauty of the countryside, production of necessary food products and preservation of clean air and water.

(3)

The preservation and continuance of farming operations in Township of Pohatcong and in the State of New Jersey will ensure a source of agricultural products for this and future generations and preserves land, a nonreplenishable resource.

Right to farm declared a permitted use. The right to farm lands and properties herewith zoned for that use within the Township of Pohatcong is hereby recognized to exist as a right to the farmer, his agents or assigns to utilize his land and properties in such manner as to pursue his livelihood, and is hereby declared to be a permitted use in all zones of the Township, notwithstanding specific and prohibited uses set forth elsewhere in the land use regulations of the Township of Pohatcong, subject only to the restrictions and regulations set forth in any applicable Township, county and state health codes and regulations.

Examples of activities. The right to farm recognizes the following activities, which are by way of example and not by way of limitation:

(1)

Use of irrigation pumps and equipment, aerial and ground seeding and spraying equipment, tractors and other equipment.

(2)

Use of necessary farm laborers.

(3)

The application of chemical fertilizers, insecticides and herbicides, in accordance with manufacturer's instructions, and the application of manure.

(4)

The grazing of animals and use of range for fowl, subject to the standards and regulations for intensive fowl and livestock use.

(5)

Construction of fences for animals and livestock.

(6)

The traveling and transportation of large, slow-moving equipment over roads within the Township.

(7)

The control of vermin and pests, provided that such control is practical pursuant to applicable state fish and game laws.

(8)

The use of land for recreation purposes, e.g., snowmobiling, etc., shall be done only with the permission of the farm owners. Any recreational use of the farmland which changes the underlying agricultural nature of the use shall be subject to the usual site plan review, variance applications and all permits where otherwise required.

Time, noise and odors. The activities set forth herein are incidental to the right to farm and, when reasonable and necessary for that particular farming activity and livestock or fowl production, and when conducted in accordance with generally accepted agricultural practices, may occur on holidays, Sundays and weekdays, at night and during the day. The noise, odors, dust and fumes that are caused by these activities are recognized and are declared ancillary to the permitted activities set forth in this section and to the right to farm.

Notice of right to farm. For the purpose of giving due notice of nearby uses to proposed residents, the Planning Board shall require an applicant for a major or minor subdivision, as a condition of approval thereof, to include the following notice, both on the subdivision plat itself and in an instrument in recordable form, to provide constructive record notice to buyers of the existence of any proximate, nonresidential uses, such instrument to be approved by the Planning Board prior to the filing of the final subdivision plat or recording of any deed(s), as the case may be. Such notice shall read as follows: "Grantee is hereby noticed that there is, or may in the future be, farm use near the described premises from which may emanate noise, odors, dust and fumes associated with agricultural practices permitted under this section of the Township of Pohatcong Zoning Ordinance."

Standards for farm animals. The following standards shall apply to the keeping of farm animals.

[Amended 10-2-2001 by Ord. No. 01-9]

(1)

A minimum two-acre lot is required for the keeping of one animal unit. For farms larger than two acres in area, one animal unit shall be permitted for each acre.

(2)

A minimum two-acre lot is required for the keeping of up to one dozen free-ranging fowl. An additional acre is required for each additional dozen fowl up to a total of 100 fowl. The keeping of more than 100 fowl or the erection of a poultry shed larger than 150 square feet shall be considered a commercial operation and shall require site plan approval. Poultry sheds shall conform with the size and setback requirements specified in the performance regulations for accessory uses in the zone in which they are located.

(3)

Anyone keeping fowl shall be required to provide a plan which is approved by the agricultural extension service or Soil Conservation District which addresses the disposal of waste from the fowl.

(4)

Anyone keeping pigs and swine shall be required to conform with Chapter 299, Pigs and Swine, of the Pohatcong Township Code.

(5)

A horse farm shall be considered a commercial operation when the number of rental stalls exceeds two or if lessons, trail rides or other organized activities are provided. A commercial horse farm shall require a minimum ten-acre lot and shall require site plan approval. Adequate off-street parking shall be provided at the rate of one space for every rental stall and one horse trailer space for every two rental stalls. Driveways and parking areas need not be asphalt or concrete but shall be constructed of stone or gravel.

(6)

The storage of animal manure shall be accomplished in accordance with proper management practices as suggested by the agricultural extension service and the Soil Conservation Service.

§ 285-32 Farm stands.

Farm stands shall be subject to the following restrictions:

The sale of manufactured, processed or refined vegetables, fruit, animal, fish or insect produce, packaged off site is not permitted, except for live plant material which has been packaged on site or off site, in planters, pots, flats, or other means of containment for ease of transporting the produce.

The sale of manufactured, processed or refined products, chemical fertilizers and sprays, equipment and similar items is not permitted.

The farm stand shall not exceed 1,000 square feet in size.

Outside sale or display areas shall not exceed 1/2 the structure coverage of the farm stand or 500 square feet, whichever is greater, and is subject to the same setback and parking requirements of the farm stand.

Setbacks for the farm stand and display area shall be 25 feet from the street line and 50 feet from any property line.

Access shall be controlled and limited and driveways shall not exceed 24 feet in width.

An adequate, nonpaved parking area shall be provided. Parking shall be provided at a ratio of one space for every 200 square feet of gross floor area of farm stand and associated permitted outside sale or display area.

No permanent exterior lighting shall be permitted.

One unlighted nonseasonal sign, no larger than eight square feet, shall be permitted; a freestanding sign shall not exceed 10 feet in height and shall be located at least 10 feet from the street line. Seasonal agricultural signs shall be permitted.

Minor site plan approval by the Planning Board is required for a farm stand.

§ 285-33 Sign regulations.

[Amended 5-17-2005 by Ord. No. 05-9]

Purpose and intent. In all zoning districts, signs may be used, erected, maintained, altered, relocated, removed or demolished only in compliance with the provisions of this section. The intent of these regulations are to:

(1)

Control the size, location, character and other pertinent features of all signs, whether interior or exterior, which are visible to the public.

(2)

Promote signs which are compatible with the surroundings and are orderly, readable, appropriate, helpful and nondistracting to motorists.

(3)

Discourage and render unlawful signs which contribute to visual pollution and clutter, are in disrepair or of faulty construction or are a detriment to public safety and welfare.

Permit procedure.

(1)

Permit required. A sign permit shall be required prior to the construction, reconstruction, alteration, relocation, laminating or changing of plastic panels of any permanent sign permitted by this chapter. No sign shall be constructed or displayed unless a permit shall have been obtained from the Construction Code Official.

(2)

Permit application.

(a)

An application for a sign permit shall be submitted to the Construction Code Official. The application shall include the appropriate application form and fee required by the Uniform Construction Code and shall include construction documents which include sign dimensions, materials, construction details, electrical details, anchorages, loadings, and stress analyses as required by the Uniform Construction Code.

(b)

The Construction Code Official shall not issue a construction permit for any sign unless he has first received an approved sign permit from the Zoning Officer.

(c)

An applicant for a sign permit shall make application to the Zoning Officer by completing the sign permit application form supplied by the Zoning Officer and by submitting a plan or documentation showing the location of the proposed sign, sign dimensions, mounting height, sign message with dimensions, illumination, sign supports or means of attachment, and setbacks from right-of-way or property lines.

(d)

Immediately following the erection of a sign which received a sign permit under this section, the applicant shall notify the Construction Code Official who shall perform a final inspection of the sign. The Construction Code Official shall notify the applicant of any deviations from the permit and, if necessary, take enforcement action as provided for in this section.

(3)

Permit application fee. A sign permit application fee shall be submitted with each application to the Zoning Officer for a sign permit. The fee shall be as required in Chapter 45, Land Use Procedures, of the Pohatcong Township Code.

(4)

Variances. In hearing any application for a variance from the provisions of this section pertaining to signs, the Land Use Board may require the applicant to consider modifying the design of the sign to promote the purposes of this section in an effort to allow a finding that the benefits of granting the relief will outweigh the detriments.

General sign standards. The following regulations shall be observed for all signs in all zoning districts within the municipality:

(1)

Except for certain directional signs as defined in this section, all signs must be located on the premises which they identify. No sign shall be erected on any lot or building which does not pertain to the use on the lot or building.

(2)

Any signs not specifically permitted in this section are hereby prohibited.

(3)

Identification signs of a prototype design and corporate logos shall conform to the standards established in this section.

(4)

A sign should complement the architectural style and scale of the building and should be designed as an integral architectural element of the site to which it principally relates. As an architectural element, the sign should reflect the period of architecture and should be in harmony with a building's character and use. It must not interfere with architectural lines and details. Components of signs such as supporting structures, backs, etc. not bearing a message shall be constructed of materials that blend with the natural environment or shall be painted a neutral color to blend with the natural environment.

(5)

Sign area measurement. The area of signs shall be measured in accordance with the standards contained in the definition of "sign area measurement" in Chapter 123 of the Pohatcong Code.

(6)

Where a building requires several different signs, a consistent design theme shall be created utilizing similar elements such as material, size, background and lettering color, letter style, illumination and borders.

(7)

Any sign located along the right-of-way of a state or federal highway shall comply with any more restrictive requirements of the state and federal government relating thereto. Limitations on signs as set forth in this section shall not apply to any sign or directional device erected by the federal, state, county or Township government or agency thereof.

(8)

No sign shall be placed in such as position as to endanger traffic by obscuring view or by confusing with official street signs or signals because of position, color or reflective surface.

(9)

Only one sign of a permitted type for which a permit is required shall be located on a lot unless otherwise specified in this section.

(10)

Flags other than official national, state, county or municipal flags shall be considered to be signs and shall comply with applicable regulations. Flagpoles shall not exceed 25 feet in height or be located closer than 35 feet to any street right-of-way line or property line.

(11)

Every permitted sign shall be constructed with durable materials, shall conform with the requirements of the Uniform Construction Code and shall be kept in good condition and repair. Any sign which is allowed to become dilapidated may be removed by the municipality at the expense of the owner or lessee of the property on which it is located.

(12)

All illuminated signs shall conform with the Electrical Subcode of the Township.

(13)

No sign, including temporary signs or any part thereof shall be located closer than 10 feet to any street right-of-way line or property line, except where specific zone requirements are more restrictive, in which case said zone requirements shall apply.

(14)

For multitenant buildings and shopping centers, the Township Land Use Board may waive requirements of this section where the applicant presents an overall sign plan to the Board indicating a detailed design vocabulary, and placement and signage plan which would, in the opinion of the Board, be consistent with the purpose and intent of this chapter and promote the objectives of this section.

Exempt signs. The following signs do not require a sign permit and are exempt from the provisions of this section, provided that they meet the following requirements where applicable:

(1)

Public signs of a public, noncommercial nature, including street signs, safety signs, danger signs, no trespassing signs, signs indicating scenic or historical points of interest and all signs erected by a public officer or agency in the performance of a public duty.

(2)

Nonilluminated memorial signs or tablets, indicating the name of a building or date of erection, not exceeding two square feet in surface area, which are part of the building construction, or attached wall signs.

(3)

One nonilluminated or shielded illuminated nameplate, not exceeding two square feet in surface area, shall be permitted for each single-family residence or home occupation.

(4)

Nonilluminated or internally illuminated information or public service signs, such as those advertising the availability of rest rooms, telephones or similar public conveniences, provided that such signs do not advertise any commercial establishment, activity, organization, product, goods or services, except those of public utilities. Informational signs provided for the guidance and convenience of the public within commercial properties may also be erected.

(5)

Signs indicating public transportation stops when installed by the municipality or a public transportation facility.

(6)

Trespassing signs, signs indicating the private nature of a road, driveway or premises, and signs prohibiting or otherwise controlling fishing or hunting upon a particular premises, provided that the area of one side of any such sign shall not exceed two square feet.

(7)

Flags or emblems of religious, educational, civic or governmental organizations flown from supports on the buildings or grounds occupied by the organization, and the American flag whenever and wherever flown in accordance with the laws and rules promulgated by the federal government.

(8)

Illuminated and nonilluminated signs which are an integral part of vending machines, including gasoline pumps and milk machines.

(9)

Nonilluminated signs advertising the sale of farm produce located on the farm from which it is sold, provided that the area of one side of any such sign shall not exceed 16 square feet.

(10)

Temporary signs which comply with the requirements for temporary signs as defined in this section.

Temporary signs. The following temporary signs are permitted in any zone.

(1)

Nonilluminated real estate signs announcing the sale, rental or lease of the premises on which the sign is located. The sign may be double faced and, except as noted below, only one sign shall be permitted on each lot or parcel unless it fronts on more than one street, whereby one sign shall be permitted per frontage. The maximum size of the sign shall be eight square feet and the maximum height of the sign shall not exceed four feet.

(2)

All real estate signs shall be removed within seven days after closing or settlement on said property or the execution of the lease.

(3)

Developments with four or more homes for sale may be advertised on a sign not to exceed eight square feet in area and four feet in height. One such sign shall be permitted on each frontage if the development fronts on more than one street. The sign shall be removed when all of the homes or lots have been sold or rented.

(4)

If the advertised use of a structure appears on any sign, said use shall be a permitted use in the zoning district in which it is located.

(5)

Temporary signs for advertising public functions or fund-raising events for charitable or religious organizations shall be permitted for a period of 30 days prior to and during the event and shall be removed within five days after the event. The sign shall be nonilluminated and shall not exceed 12 square feet in area and may be erected flat against the building or ground mounted. If ground mounted, the sign shall not exceed a height of four feet.

(6)

Temporary political signs and signs not related to a political campaign but containing political expressions may be erected for a period of 60 days. Campaign signs shall be removed within 15 days after the election. Political signs shall not exceed eight square feet in area or four feet in height.

(7)

Relocation information signs for a period of 30 days. Relocation signs shall be restricted to the present location of the relocating business and the future location of the relocating business. The signs, one each at the present and the future business sites, shall not be in excess of the standards set forth for the zone in which they are erected.

(8)

Construction signs. One ground-mounted sign announcing the name of architects, engineers and/or contractors, the building enterprise and related information shall be permitted at a site under construction, alteration or repair, provided that the signs shall not exceed 12 square feet in area and four feet in height and that the sign shall be removed before a certificate of occupancy is issued.

(9)

Temporary window signs and internal signs visible from the exterior of the building that are in conformance with the standards set forth for facade signs and other applicable requirements of this chapter. Temporary window signs and internal signs advertising or describing sales or special merchandise are permitted, provided that the same sign does not remain visible from the exterior of the building for more than 20 days and that all of the signs, individually or collectively, do not exceed 15% of all available window space. Not more than one such sign shall be permitted at any time.

(10)

The Construction Code Official may issue a temporary permit for a period no exceeding two weeks for not more than one special sign advertising the opening of a new business or commercial enterprise, subject to the following conditions:

(a)

The sign shall be located on the same property as the business or enterprise it advertises and be set back a minimum of 10 feet from a street right-of-way line or property line.

(b)

The sign shall conform to all other requirements for signs in the zone in which it is located, except that banners, pennant, pinwheels, etc. shall also be permitted until the expiration date of the permit.

(c)

The sign shall be maintained in an orderly manner at all times.

(d)

The sign shall be removed immediately upon expiration of the permit.

Prohibited signs. The following signs are prohibited in all zones in the municipality:

(1)

Signs using red, yellow or green lights placed within 100 feet of any traffic signal now or hereafter erected.

(2)

Moving or revolving signs and signs using blinking, flashing, vibrating, flickering, tracer or sequential lighting, LED signs with intermittent or scrolling messages, excepting any time or temperature signs as permitted by this section.

(3)

Signs using materials which sparkle or glitter, except that nothing contained herein is intended to prohibit the use of reflective paint on signs directing traffic or identifying various locations within a lot or parcel.

(4)

Signs which emit smoke, visible vapors or particles, sound or odor.

(5)

Signs having more than two sign faces.

(6)

Signs or decorative building lighting using free form exposed neon or fiber optic lights, except as permitted under facade signs in this section.

(7)

Roof signs. No sign shall be attached to or erected on the roof of any building.

(8)

Signs or advertising matter of an obscene nature.

(9)

Signs using words such as "stop," "look," "danger," etc. which are placed in a manner or position which, in the judgment of the Chief of Police, constitute a traffic hazard or otherwise interfere with the free flow of traffic.

(10)

Hanging signs or signs which protrude more than six inches from a building or which are fixed to any tree, fence or any utility pole.

(11)

Signs which in any way simulate official direction or warning signs or otherwise cause confusion with signs that are maintained by the State of New Jersey, Warren County or Pohatcong Township or by any railroad, public utility or agency concerned with the protection of the public health or safety, or signs which hide from view any traffic or street sign or signal.

(12)

Any sign which may dangerously confuse or distract the attention of the operator of a motor vehicle.

(13)

Signs advertising a product or service not sold on the premises, signs advertising or directing attention to another premises and any other signs unrelated to the premises on which the sign is erected.

(14)

Signs obstructing doors, fire escapes or stairways or keeping light or air from windows used for living quarters.

(15)

Banners, strings of banners, pinwheels.

(16)

Signs attached, affixed or painted on trees, rocks, natural features, fences, utility poles, light poles, signs attached to other signs, and signs placed upon motor vehicles which are continuously or repeatedly parked in a conspicuous location to serve as a sign. Nothing herein contained is intended to prohibit the placement of signs directing traffic or identifying various locations within a lot or parcel on light poles and utility poles erected therein.

(17)

Any series of two or more signs placed along a street or highway carrying an advertising message, part of which is contained on each sign.

(18)

No billboard or billboard-type sign shall be erected.

(19)

Signs which are portable or fixed on a moveable stand, self-supporting without being firmly embedded in the ground, supported by other objects, mounted on wheels or a moveable vehicle, or made easily moveable in any other manner.

(20)

Signs located in a public right-of-way or approved sight easement except those owned and maintained by a duly constituted governmental agency.

(21)

Signs located, painted or affixed on a water tower, storage tank, tower or other similar structure.

Nonconforming signs. Subject to the restrictions of this subsection, nonconforming signs that were otherwise lawful on the effective date of this section may be continued except as provided below.

(1)

No person may engage in any activity that causes an increase in the extent of nonconformity of a nonconforming sign. No nonconforming sign may be enlarged or altered in such a manner as to aggravate the nonconforming condition, nor may illumination be added to any nonconforming sign.

(2)

A nonconforming sign may not be moved or replaced except to bring the sign into complete conformity with the standards of this section.

(3)

If a nonconforming sign is destroyed by natural causes it may not thereafter be repaired, reconstructed or replaced except in conformity with the provisions of this section and the remnants of the former sign structure shall be cleared from the land. For purposes of this section, a nonconforming sign is "destroyed" if damaged to an extent that the cost of repairing the sign to its former stature or replacing it with an equivalent sign equals or exceeds 50% of the value of the sign so damaged.

(4)

Subject to other provisions of this section, nonconforming signs may be repaired and renovated as long as the cost of such work does not exceed 50% of the value of such sign.

(5)

The message of a nonconforming sign may be changed as long as it does not create any new nonconformity.

(6)

If a nonconforming sign other than a billboard advertises a business, service, commodity, accommodation, attraction or other enterprise or activity that has not been operating or conducted for 60 days, that sign shall be considered abandoned and shall be removed within 60 days after such abandonment by the sign owner, owner of the property where the sign is located or other party having control overt such sign.

(7)

If a nonconforming billboard remains blank for a continuous period of 180 days, that billboard shall be deemed abandoned and shall, within 60 days after such abandonment, be altered to comply with this section or be removed by the sign owner, owner of the property where the sign is located or other person having control over such sign. For purposes of this section, a sign is "blank" if:

(a)

It advertises a business service, commodity, accommodation, attraction or other enterprise or activity that is no longer operating or being offered or conducted;

(b)

The advertising message it displays becomes illegible in whole or in substantial part; or

(c)

The advertising copy paid for by a party other than the sign owner or promoting an interest other than the rental of the sign has been removed.

Maintenance of signs.

(1)

All signs together with their supports, braces, hooks, anchors and other fastening devices shall be of substantial and sturdy construction, shall be kept in good repair and shall be painted or cleaned as often as necessary to maintain a clean, neat, safe and orderly appearance. In the event that the Zoning Officer determines that any sign has fallen into a state of disrepair, has become dilapidated or constitutes a safety hazard, the sign owner and property owner shall be given written notice to correct the conditions within 30 days from the date of the mailing of the notice. Failure to correct the condition or file an appeal within the time provided shall constitute a violation of this section.

(2)

If a sign advertises a business, service, commodity, accommodation, attraction or other enterprise or activity that is no longer operating or being offered or conducted, that sign shall be considered abandoned and shall, within 60 days after such abandonment, be removed by the sign owner, owner of the property where the sign is located, or other party having control over such sign.

(3)

If the message portion of a sign is removed, leaving only the supporting shell or braces, anchors or similar components, the owner of the sign or the owner of the property where the sign is located or other person having control over such sign shall, within 30 days of the removal of the message portion of the sign, either replace the entire message portion of the sign or remove the remaining components of the sign. This shall not be construed to prevent the changing of the message of a sign.

(4)

The area surrounding permitted freestanding ground or pylon signs shall be kept neat, clean and free of litter. The owner of the property upon which said sign is located shall be responsible for maintaining the condition of the sign and of the surroundings.

Illumination. Unless specifically prohibited, all signs may be illuminated subject to the following limitations:

(1)

Illuminated signs shall be either internally lit or shall be illuminated by external lights directed onto the sign face. No sign shall be lit by means of flashing or intermittent illumination except for intermittent illumination necessary for time and temperature signs.

(2)

Floodlights used for illumination of any facade sign, whether or not such floodlights are attached to or are separate from the building, shall not project light above the highest elevation of the front wall of the building or more than 18 feet above the ground level, whichever is less. Floodlights used for illumination of ground-mounted signs shall project light only on the sign face. All illuminated signs shall be properly shielded and so located as to prevent glare or blinding effects upon motor vehicle traffic and so as not to cause a nuisance to residents of the area.

(3)

Light from illuminated signs or display windows which is visible from the street right-of-way shall be limited to a light intensity of 50 footcandles on the illuminated surface or display window. Light intensity levels from signs or displays shall not exceed 0.5 footcandles at the property line.

(4)

All illumination shall be of a continuous (nonintermittent) nature and of a uniform color value.

(5)

Illuminated signs facing a residence or residential zone shall not be illuminated between the hours of 10:00 p.m. and 7:00 a.m. the following morning, unless the business or uses advertised are open to the public later than 10:00 p.m., in which event such establishment may keep a sign illuminated until business is closed to the public.

Freestanding and ground-mounted signs. Freestanding and ground-mounted signs shall comply with the following requirements:

(1)

Any new sign shall be not less than a distance of 100 feet from any existing freestanding or ground-mounted sign.

(2)

One such sign is permitted on each property, except in the case of a corner lot where the distance between each sign on separate frontages exceeds 100 feet measured along the right-of-way.

(3)

All signs shall be placed in a location which will allow sufficient reaction time for drivers on the adjacent roads to safely enter the site.

(4)

All signs and supports shall be constructed of durable materials which may include concrete, steel, treated wood, other suitable material or combination of same, and shall be designed to withstand all loading conditions required by the Uniform Construction Code.

(5)

All such signs shall consist of materials and colors similar to and compatible with the primary structure.

(6)

All such signs may be double faced. The maximum area requirement established for such sign is the area permitted for each face.

(7)

No such sign shall have more than two sign faces. The maximum distance between the faces of a double-face sign shall not exceed 18 inches.

(8)

The components of such sign relating to any assemblage of businesses such as a shopping center shall be arranged in an aesthetically compatible and visually coordinated manner.

(9)

Freestanding signs supported by posts or pylon shall be erected such that the bottom of the sign face is not less than eight feet above the ground.

Facade signs. Facade signs shall comply with the following requirements:

(1)

All signs attached to a building shall be attached so that the face of the sign is parallel to the wall and does not extend more than six inches from the wall on which it is mounted. Signs shall not extend above the height of the vertical wall or eaves to which they are attached, nor closer than six feet to ground level below said sign, and shall be positioned so as not to interrupt architectural details.

(2)

Signs attached to the surface of a building shall be constructed of durable material and be attached securely to the building with nonrusting metal hardware.

(3)

The maximum vertical dimension of any facade sign shall not exceed two feet unless such sign is located on a building fronting on N.J. Route 22, in which case the vertical dimension shall not exceed four feet.

(4)

There shall not be more than one facade sign for each tenant on the premises, except where the tenant's premises fronts on two streets, then one facade sign may be permitted per frontage. Where a building is served with a rear entrance or entrances opening on a parking area and intended to be used by the public, each tenant with such entrance shall be permitted an additional facade sign over such entrance.

(5)

Multiple facade signs in multitenant buildings and shopping centers shall maintain a consistent design theme pursuant to the design standards and requirements subsection of this section and shall be of a uniform height above grade.

(6)

Window signs and internal signs, whether illuminated or nonilluminated, which are visible from the exterior of the building shall be considered facade signs for the purposes of compliance with this subsection. One such sign shall be permitted in a window and the total area of all window signs, individually or collectively, shall not exceed 15% of the available window space.

(7)

One neon or fiber optic sign not exceeding two square feet in area shall be permitted within a window; however, the total number of such signs on the property shall not exceed one for each building facade facing a public street.

Canopy signs. Where a business establishment has a canopy or awing constructed as an integral part of the building a sign may be attached to the face of the canopy or awning in place of a facade sign. For the purpose of this section, a canopy or awning shall mean a covering extending from a building wall, having horizontal or nearly horizontal top and bottom surfaces, located at least eight feet above the sidewalk or the ground below, but not including any extension of the building roof. The canopy or awning sign shall be subject to the following:

(1)

The sign shall not extend above the highest point of the building wall.

(2)

Signs attached to the face of the canopy or awning shall not extend above, below or to the sides of the face of the canopy or awning.

(3)

Signs erected on top of the canopy or awning shall not extend beyond the face or edge of the canopy or awning.

(4)

The dimensions of the sign and area of the sign shall comply with the requirements for facade signs.

Time and temperature signs.

(1)

Signs shall be nonrotating.

(2)

Signs may be double faced and the area of one face shall not exceed 16 square feet.

(3)

Only one such sign shall be erected on a lot.

(4)

There shall no other time and temperature sign within 1,000 feet of the proposed sign.

(5)

The sign shall conform with the requirements for freestanding signs or facade signs in this section depending upon the method of erection.

Institutional signs. Signs of schools, colleges, churches, hospitals, nursing homes or other institutions of a similar public or semipublic type as permitted by this chapter may be erected and maintained in accordance with the following:

(1)

The minimum sign setbacks for the zone in which they are located are observed.

(2)

The area of any freestanding sign shall not exceed 16 square feet.

(3)

The height of any freestanding signs shall not exceed four feet.

Directional signs.

(1)

Nonilluminated or internally illuminated directional signs identifying parking area, loading zones, entrances, exits, and similar locations shall be permitted on any lot where such information is deemed to be necessary to provide safe and convenient access for the public. The number of directional signs shall not exceed the number of driveway openings on a lot. The sign may include a business name or professional name but shall not include any advertising message. In shopping centers and multitenanted facilities, individual tenants shall not have their business or professional names on the directional signs. Only the name of such center or development is permitted on the sign. Signs may be dual faced and shall not exceed two square feet in area or four feet in height.

(2)

Billboards are prohibited within the Township; however, a business or establishment may erect a nonilluminated sign which is located off of their property which provides the name of the business or establishment but not the name of a product or commodity, whose exclusive purpose is to be a directional sign providing guidance to the consumer public attempting to locate such business or establishment subject to the following limitations:

(a)

The sign shall not exceed a total area of two square feet and may be dual faced.

(b)

The information contained upon such sign shall be limited to the name of the business establishment and its street address and may include directions or a directional arrow if the sign is located at an intersection or at an intersecting street.

(c)

The applicant shall provide documentation of permission to erect the sign from the owner of the property where the sign is to be erected.

(d)

Such sign shall otherwise adhere to all of the requirements of this section and shall comply with all sign regulations applicable within the zone district in which such sign is located.

Signs in R-1, R-3 and R-4V Zones. No signs shall be permitted in any residential zone except those signs which are exempt signs as previously defined in this section.

Signs in the B-1 Zone. The following signs are permitted in the B-1 Zone:

(1)

A business establishment shall be permitted one facade sign for each building wall of the establishment that fronts on a public street, subject to the following conditions:

(a)

Said sign shall conform with the requirements for facade signs in this section.

(b)

The maximum area of the facade sign shall not exceed four square feet.

(2)

Freestanding or ground-mounted signs shall not be permitted.

Signs in the BR Zone. The following signs are permitted in the BR Zone:

[Added 2-16-2010 by Ord. No. 10-1]

(1)

Project identification sign.

(a)

The developer of the site shall be permitted one freestanding or ground-mounted sign parallel to the New Brunswick Avenue frontage. The project identification sign shall not exceed 50 square feet in area, shall be landscaped with shrubs or perennial beds and shall not exceed six feet in height.

(b)

The freestanding or ground-mounted sign shall be set back a minimum of 10 feet from any street right-of-way or property line.

(c)

All signage permitted on the site shall be submitted as a comprehensive sign package, which shall be comprehensive and coordinated for graphics, color, size and locations of signs. Such signs shall include project identification signs, wall signs, directory signs, directional and similar signs.

(2)

Permitted uses, day-care or child-care centers, retail sales, retail service.

(a)

A business establishment shall be permitted one facade sign for each building wall of the establishment that fronts on a public street, subject to the following conditions:

[1]

Said sign shall conform to the requirements for facade signs in this section.

[2]

The maximum area of the facade sign shall not exceed 12 square feet.

[3]

(3)

Multifamily residential units, assisted living residences, supportive and special needs housing.

(a)

The developer of the site shall be permitted two freestanding or ground-mounted directory signs to identify project components and provide direction to residents, clients and visitors. The directory signs shall not exceed 24 square feet in area and shall not exceed 6 feet in height.

(b)

The directory signs shall be set back a minimum of 10 feet from any street right-of-way or property line.

(c)

(4)

Health care facility, medical professional offices, health care services.

(a)

The developer of the site shall be permitted one freestanding or ground-mounted directory sign to identify services or practitioners and provide direction to residents, clients and visitors. The directory sign shall not exceed 24 square feet in area and shall not exceed six feet in height.

(b)

The directory sign shall be set back a minimum of 10 feet from any street right-of-way or property line.

(c)

Signs in the B-2, B-3, OR, I and Q Zones. The following signs are permitted in the B-2, B-3, OR, I and Q Zones:

(1)

A business establishment shall be permitted one facade sign for each building wall of the establishment that faces on a street, subject to the following conditions:

(a)

Said sign shall conform with the requirements for facade signs in this section.

(b)

The maximum area of the facade sign shall not exceed 4% of the area of the wall of the establishment to which it is attached or 40 square feet, whichever is less.

(2)

Where a business has a canopy or marquee constructed as an integral part of the building, a sign may be attached to the face of or erected on top of the canopy or marquee in place of a permitted wall sign, provided that said sign conforms with the dimensional requirements for facade signs and conforms with the requirements for canopy and awning signs in this section.

(3)

A business shall be permitted one sign containing time and temperature changes subject to said sign conforming with the requirements for time and temperature signs in this section.

(4)

In addition to the foregoing signs, a business shall be permitted one freestanding or ground-mounted sign, unless the establishment has erected a freestanding time and temperature sign which also advertises the name of the business, in which case no additional freestanding or ground-mounted sign shall be permitted.

(a)

Said sign shall conform with the requirements for freestanding or ground-mounted signs in this section.

(b)

The maximum height from the ground to the top of any freestanding or ground-mounted sign shall not exceed 12 feet, except that for properties fronting on N.J. Route 22 the maximum height shall not exceed 18 feet.

(c)

Freestanding or ground-mounted signs shall not be located within 15 feet of any street right-of-way line or property line.

(d)

The sign face of any freestanding or ground-mounted sign shall not exceed 40 square feet, except that for properties fronting on N.J. Route 22 the area shall not exceed 60 square feet.

Signs in AH and ARH Zones.

(1)

Each development located within an AH or ARH Zone may display one ground-mounted sign identifying the name of the development and up to five additional signs within the development identifying neighborhoods within the project. The main project identification sign shall not exceed 40 square feet in area, and the neighborhood signs shall not exceed 20 square feet in area. All such sign(s) shall be ground mounted, shall be landscaped with low growing shrubs and shall not exceed a height of four feet.

(2)

Each freestanding or ground-mounted sign shall be set back a minimum of 15 feet from any street right-of-way line or property line.

(3)

A signing system shall be submitted for each development, which shall be comprehensive and coordinated for graphics, color, sizes and locations of signs. Such signs shall include street names, project identification, directional and similar signs.

Signs in motor vehicle service stations or fueling stations. Motor vehicle service stations and fueling stations, where permitted, may display the following signs which are deemed customary and necessary to their respective business:

(1)

One freestanding sign advertising the name of the station or garage and the principal products sold on the premises, including any special company or brand name, insignia or emblem, subject to the following:

(a)

The freestanding sign shall conform with the requirements for freestanding signs in this section.

(b)

The maximum height from the ground to the top of any permitted freestanding sign shall not exceed 18 feet.

(c)

The sign face of any freestanding sign shall not exceed 60 square feet.

(2)

Directional signs or lettering displayed on the building wall over an individual entrance door or bays, consisting only of the words "washing," "lubrication," "repair," "mechanic on duty" or other words closely similar in import, provided that there shall be not more than one such sign over each entrance or bay, that the letters thereof shall not exceed 12 inches in height and that such letters shall be limited to a single line.

(3)

Customary lettering or other insignia on the gasoline pumps consisting only of the brand name of gasoline sold, lead warning sign, a price indicator and any other sign required by law and not exceeding a total of two square feet on each pump.

(4)

Where a canopy is provided over pump islands such canopy shall be permitted to display a sign attached to the face of the canopy advertising the name of the station and any company logo, provided that the sign complies with the requirements for facade signs in this section and that the letters shall not exceed two feet in height and the area of the sign shall not exceed 20 square feet. Where the property fronts on more than one public street one such facade sign shall be permitted for each frontage.

Signs in drive-in restaurants and other drive-through facilities. Restaurants that meet the definition of drive-in restaurants or other retail facilities that offer drive-through services, such as banks and financial institutions or pharmacies, where permitted, may display the following signs which are deemed customary and necessary to there respective businesses.

[Added 11-15-2011 by Ord. No. 11-16[1]]

(1)

Menu boards. Drive-in restaurants are permitted two menu board signs per drive-through lane and one menu board sign per outdoor serving station.

(a)

The sign face of any menu board sign shall not exceed 50 square feet.

(b)

The maximum height from the ground to the top of any permitted menu board sign shall not exceed 12 feet.

(c)

Menu board signs may be internally illuminated.

(d)

No more than 10% of the sign face of any menu board sign may be devoted to LED/LCD lights or screens or scrolling or variable message lighting.

(2)

Directional signs or lettering on the building wall over a drive-through lane. Drive-through facilities are permitted one directional sign over each drive-through lane.

(a)

The sign face or letters thereof shall not exceed 12 inches in height.

(b)

The sign face or letters thereof shall be limited to a single line.

(c)

The sign face or letters thereof may be internally illuminated.

(d)

No sign face or letters thereof may be LED/LCD lights or screens or scrolling or variable message lighting.

(3)

Informational signs. Drive-through facilities are permitted one informational sign, with information such as hours of operation, for each drive-through lane.

(a)

The sign face of any informational sign shall not exceed six square feet.

(b)

Informational signs may not be internally illuminated.

(c)

No informational signs may be LED/LCD lights or screens or scrolling or variable message lighting.

[1]

Editor's Note: This ordinance also provided for the redesignation of former Subsection V, Enforcement and removal of signs, as Subsection W.

Enforcement and removal of signs.

(1)

Whenever, in the opinion of the Zoning Officer, any sign becomes unsafe or endangers the safety of a building or premises or endangers the public safety, the Zoning Officer shall by certified mail notify the owner of the sign or the owner of the premises on which the sign is located, ordering that such sign be made safe or removed within 30 days of receipt of the letter. If the owner fails to remove or repair the sign within the time specified, such sign may be removed by the Zoning Officer at the reasonable expense of the holder of the permit. The Zoning Officer may cause any sign or sign structure to be removed summarily and without written notice if it is an immediate peril to persons or property by virtue of its construction or moorings.

(2)

Any sign which no longer advertises a business conducted or a product sold or no longer represents the use actually being conducted on the property shall be removed by the owner of the sign or the owner of the premises on which the sign is located within 90 days after receiving written notification from the Zoning Officer. Upon failure to comply with such notice within the time specified, the Zoning Officer is authorized to cause removal of such sign, and any reasonable expense incurred for that purpose shall be paid by the permittee or owner of the premises where such sign is located.

(3)

Any sign which has been erected without having first obtained a sign permit as required in this section or any sign which does not comply with any of the requirements of this section or any sign for which the required application fee has not been paid shall be removed by the owner of the sign or the owner of the premises on which the sign is located within 90 days after receiving written notification from the Zoning Officer. Upon failure to comply with such notice within the time specified, the Zoning Officer is authorized to cause removal of such sign and any reasonable expense incurred for that purpose shall be paid by the permittee or owner of the premises where such sign is located.

(4)

Signs erected on public land or within public rights-of-way contrary to the provisions of this chapter are subject to immediate removal.

§ 285-34 Performance standards for all uses.

Noise. Noise shall be as provided in Chapter 191, Noise.

Odors. There shall be no emission of odorous gases or other odorous matter in such quantity as to be readily detectable without instruments. Table II 1, Odor Thresholds, in Chapter 5, Air Pollution Abatement Manual, Copyright 1951 by the Manufacturing Chemists Association, Inc., Washington, D.C., or the latest approved revision thereof, shall be utilized as a guide in determining such quantities of offensive odors.

Smoke, dust, gases, and other forms of air pollution. There shall be no emission of smoke, dust, gases, or other form of air pollution which would in any way violate the New Jersey Pollution Control Laws, the New Jersey Air Pollution Control Code or the Federal Clean Air Act.

Liquid and solid waste. No wastes shall be discharged into any source other than a public sewer. All methods of sewage disposal shall be approved by the Township Board of Health.

Radioactivity. No activities shall be permitted which cause radioactivity in violation of Title 10, Chapter 1, Part 20, Code of Federal Regulations, Standards for Protection Against Radiation, dated June 16, 1957, or any subsequent revision or amendment thereto.

Fire and explosion hazards. All activities shall be carried on only in structures which conform to the standards of the National Fire Protection Association or Factory Insurance Association or Township Construction Code or Fire Ordinance, whichever is more restrictive. All operations shall be carried on, and combustible raw materials, fuels, liquids and finished products shall be stored in accordance with the standards of said National Fire Protection Association or Factory Insurance Association. The storage of gasoline or any volatile or combustible liquid in aboveground tanks is prohibited.

Vibration. There shall be no vibration which is discernible to the human sense of feeling beyond the immediate site on which such use is conducted.

Glare. There shall be no direct or sky-reflected glare which is visible to the human sense of sight beyond the boundaries of the immediate site.

Materials or wastes shall not be deposited upon a lot in such form or manner that they can be transferred off the lot, directly or indirectly, by natural forces such as precipitation, evaporation or wind. All materials and wastes that might create a pollutant or a hazard shall be enclosed in appropriate containers.

[Added 3-21-2006 by Ord. No. 06-6]

Pohatcong Township City Zoning Code

ARTICLE IV

§ 285-24 Nonconforming uses, structures and lots.

§ 285-25 Preservation of natural features.

§ 285-26 Lot, area and yard requirements.

§ 285-27 Height exceptions.

§ 285-28 Outdoor storage.

§ 285-29 Prohibited uses.

§ 285-30 Public utilities.

§ 285-30.1 Small solar energy systems.

§ 285-31 Right to farm.

§ 285-32 Farm stands.

§ 285-33 Sign regulations.

§ 285-34 Performance standards for all uses.