‘Period. Ever.’ Here’s why nothing can be built in Pohatcong behind former P’burg Mall

Next month the New Jersey Highlands Council is scheduled to review plans by a developer to construct a warehouse upon a portion of a thousand green acres behind the former Philipsburg Shopping Mall.

Only the lots in Lopatcong will be under consideration for actual construction , Pohatcong officials confirmed at a regular township meeting on Tuesday. The 632 acres within Pohatcong's boundaries will be deed restricted, preserving them from construction indefinitely, Pohatcong Mayor David Slack said.

"Through deed restriction, nothing will be built there. Period. Ever." The township opted to rescind its original decision this summer with that one revision in place, after nudging by the developer, he said.

Lawmakers initially pulled the plug on the developer's request to see the lots in Lopatcong and Pohatcong townships reclassified to encourage construction in March. Attorney Kevin Benbrook told the New Jersey Department of Community Affairs (DCA) and the New Jersey Highlands Council, at the time, that "Pohatcong wasn't interested any longer in that designation (for commercial zoning and use) for its tract."

Polo Development's initial plan in 2023 included drafts for an 800,000-square-foot warehouse occupying the lots on both sides of the boundary. The plan was amended to construction of a 568,500-square-foot warehouse with 75 loading bays, and parking to allow for 100 trailers and space for more than 350 employees.

"We've been consistent," Benbrook said. The developer may still be permitted to include the Pohatcong properties in its total calculation of impervious acreage, as required by the Highlands Council and Lopatcong Township, and that may impact the final overall size of the warehouse, but "what they can build in Lopatcong is Lopatcong's issue," he said.

Lopatcong officials did not immediately respond to calls made by a reporter for lehighvalleylive.com.

The agricultural block under consideration, known as Block 1, Lot 1 in Pohatcong Township and Block 2, Lot 9 in Lopatcong Township, are owned by the developer. They are bisected by the townships' boundary lines, public documents show. In order for the developer to pursue its plan to full-scope, or close to it, it requires consent from both townships. Pohatcong's initial decision in March had nullified the incentive set by the New Jersey Highlands Council.

If Pohatcong maintains its exclusion from the Highlands Council's decision, it would immensely complicate the build-out process for the developer, but, ultimately, the developer would still be permitted to sell the unusable lots and the lots would continue to be viable for future development, Slack said. The deed restriction only applies to the parcels if the township endorses the Highlands Council's decision.

"That's why I wanted deed restriction. My position is that we are fully built-out." Benbrook added. "I didn't want any chances that could be a target for a little three-acre, hundred percent affordable project like Ingerman. We have one of those and that will be enough."

Slack said he also believed the township is fully built-out "with what the town has on the books as of now."

Read more on the original Highlands proposal here .

The New Jersey Highlands Council approved an ordinance to adopt e Block 102 Lots 4, 5, 6, 7, 8, 8.01, 10, and 11 (Lopatcong) and Block 38 Lot 1 (Pohatcong) into the Highlands Center in April.

Pohatcong Township's use for Block 38 Lot 1 will set the stage for construction of roughly 96, 100% affordable apartment units by Ingerman Development on a 12-acre tract on Maple Street near Phillipsburg. Adding the property to the highlands center would help the township meet its affordable housing obligation set by the Fair Share Housing Settlement in 2018, later amended in 2022.

Block 38, Lot 1 has remained unimproved for more than a decade.

A meeting by The New Jersey Highlands Council on Wednesday was canceled. The New Jersey Highlands Council is now scheduled to settle the decision to redesignate portions of land in Lopatcong and Pohatcong townships to be included in the redevelopment center on Oct. 17 in Chester, N.J. The meeting is open to the public.