UPPER FREEHOLD TOWNSHIP

                                                              ORDINANCE No.    203-08

AN ORDINANCE AMENDING CHAPTER XXXV ENTITLED “LAND USE REGULATIONS” OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF UPPER FREEHOLD, AS HERETOFORE SUPPLEMENTED AND AMENDED – AMENDING SECTION 35-405A REGARDING NONCONTINGUOUS CLUSTERING/EQUINE INDUSTRY

                WHEREAS, the Township Committee previously adopted a Land Use Ordinance Section 35-400 ZONING DISTRICT REGULATIONS; and

                WHEREAS, The Upper Township Planning Board on December 13, 2007 adopted a new Land Use Plan; and

                WHEREAS, The Planning Board in the Plan recommended a change in the gross density in the Agricultural Residential (AR) District and the Rural Agricultural (RA-5) District; and

                 The Planning Board in the Plan recommended two (2) development options for the AR District; and

                WHEREAS, The development options are “Noncontiguous Clustering” as adopted in Ordinance No.  -08 and “Equine Community Option” as adopted in Ordinance No.   -08: and

                WHEREAS, The Planning Board in the Plan recommended mandatory clustering in the AR District;

                WHEREAS, the Township Committee at its meeting of June 5, 2008 discussed and agreed to advance certain recommendations of the Land Use Plan as modified to implement the policies of said Plan by way of  change the Land Use Ordinance and

NOW THEREFORE BE IT ORDAINED by the Township Committee of the Township of Upper Freehold, in the County of Monmouth, and State of New Jersey, as follows:

Section 1. : Section 35-405A 14 and 15 “AR” Agricultural Residential, “RA-5” Rural Agricultural Principal Permitted Uses on the Land and in Buildings of The Revised General Ordinances of the Township of Upper Freehold, as heretofore supplemented and amended, is hereby further amended to add the development options of Noncontiguous Clustering and Equine Community Option in the AR District as permitted uses as follows:

14. “Noncontiguous Clustering” in the “AR” zoning district in accordance with the provisions specified in Section 35-613 of this Ordinance.

15. “Equine Community” in the AR zoning district as "Conditional Uses" under N J S A 40 55D-67 (see Section 81-601 for definitions and standards)

Section 2 Section 35-405D Area and Yard Requirements for the “AR” Agricultural Residential, “RA-5” Rural Agricultural Districts of The Revised General Ordinances of the Township of Upper Freehold, as heretofore supplemented and amended, is hereby further amended to reflect the density change in the area and yard schedule in the AR and RA-5 Districts as follows:

 D. Area And Yard Requirements For The "AR" And "RA-5" Districts

[1] For lots in the "AR" District between one (1) acre and two (2) acres in area existing as of October 16, 1997 which do not conform to the minimum lot area required for the "AR" District, the applicable "grandfathering" provisions of Section 35-403 shall apply.

For lots in the "AR" District between two (2) and three (3) acres in area existing as of September 30, 2003 which do not conform to the minimum lot area required for the "AR" District, the applicable "grandfathering" provisions of Section 35-403 shall apply.

[2] Where a major subdivision is proposed on tracts of land in the "AR" District, a "lot averaging" option may be utilized in accordance with the following provisions, with only residential lots included in the calculation of the lot average:

[a] The residential lot sizes shall be as follows:

Minimum 2 ac.

Maximum * 6 ac.

Average 6 ac.

* Lots larger than six  (6) acres are permitted, but are considered as  six  (6) acres in size for the purpose of the lot averaging calculation.

[b] Except for the lot size provisions hereinabove, all other "Area and Yard Requirements" for the "AR" District shall apply, including Footnotes [3], [4], and [5] here in below.

[3] For residential lots only, an area equivalent to at least one (1) acre (43,560 sq. ft.) shall be contiguous non "Critical Areas" acreage (see Section 35-203 of this Ordinance for the definition of "Critical Areas"), which shall meet the following additional criteria:

[a] In addition to not including any freshwater wetlands, 100 year flood plains and/or topographic slopes 15% or greater, the area shall not include any wetlands transitional buffers or lands used for detention or retention basins;

[b] The area must be appropriately situated for the location and construction of the detached single-family dwelling and its appurtenances, including customary accessory uses and both the septic system and potable water well serving the lot; and

[c] The area shall be shaped to permit the inscription of either a circle with a diameter of at least two hundred feet (200') within its bounds or, alternatively, with a rectangle at least one hundred fifty feet (150') in width and length and with " an area of at least three quarters (3/4) of an acre or 32,670 square feet (it is noted that the circle will be approximately 31,416 sq. ft., which is relatively close to 3/4 ac. or 32,670 sq. ft. in area).

[4] Where a detention or retention basin is part of a residential lot, the area devoted to such stormwater management purposes shall not be included in the calculation of the minimum lot area required for a residential lot.

[5] Notwithstanding any other provision of this Ordinance to the contrary, where a residential lot abuts Monmouth County Routes 524, 526, 537 or 539, the following minimum "Lot Frontage" and "Front Yard" provisions shall apply:

Lot Frontage when driveway access is to County road: 275'

Lot Frontage without driveway access to County road: 250

Front Yard setback from County road: 125'

[6] Or not less than one hundred feet (100') where a fire station or first aid building is situated on a lot which abuts an existing residential use or an approved residential lot.

Section 3 Section 35-405G Mandatory Clustering in the “AR” Agricultural Residential, District of The Revised General Ordinances of the Township of Upper Freehold, as heretofore supplemented and amended, is hereby further amended to reflect the  requirement of mandatory clustering for all major subdivisions in the AR District as follows:

G. Mandatory Clustering within the AR District (new)

1. The purpose of this section is to express the policy of the Township of Upper Freehold that clustering of residential properties that clustering of major subdivisions in the AR District is a preferred form of development in meeting the objectives of the Township’s Land Use Plan.

2. Permitted

(a) Only minor subdivisions, agricultural subdivisions and those major subdivisions that are approved by the Planning Board are eligible to file Conventional Subdivisions

(b) All major subdivisions can only file plans that adhere to the requirements of the Lot Averaging provisions Section 35-405D, Section 35-405 A 15 (Equine Community) Section 35-611, 35-613 or 35-614.

3. As noted in Section 35-405G 2 (a) the Planning Board may approve the filing of a major subdivision only. To do so, the applicant must submit a conventional subdivision concept plan and a concept plan of his choosing from one of the alternatives as noted in Section 35-405G2(b) and the Planning Board must make a finding that

(a) The applicant can justify that his/her conventional subdivision concept plan has the ability to advance specific goals and objectives of the Land Use Plan over the alternative presented to the Board;

(b)All lots created will be deed restricted in that they can not be further subdivided to create additional lots.

Section 4 If the provisions of any Section, subsection, paragraph, subdivision or clause of this Ordinance shall be adjudged invalid by a Court of competent jurisdiction, such Order or Judgment shall not affect or invalidate the remainder of any Section, subsection, paragraph, subdivision or clause of this Ordinance, or any other Ordinance, which is referred to herein by reference and to this end the provisions of this Section , subsection, paragraph, subdivision or clause of this Ordinance, are hereby declared to be severable. Should any clause, sentence or other part of this Ordinance be adjudged invalid by a Court of competent jurisdiction, such Judgment shall not affect, impair or invalidate the remainder of this Ordinance.

                Section 5 This ordinance shall take effect immediately upon final adoption, publication and filing of said ordinance with the Monmouth County Planning Board, all in accordance with law.

This ordinance shall take effect upon its adoption and publication according to law.

Introduced by:

Passed:

Adopted:

ATTEST:                                                                             UPPER FREEHOLD TOWNSHIP

COMMITTEE

By: ______________________________  By: ______________________________

                Barbara L. Bascom, RMC/CMC                               Stephen J. Alexander

                Business Administrator/Township Clerk                    Mayor