UPPER FREEHOLD TOWNSHIP

ORDINANCE No. 204-08

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 – ADDING SECTION 35-613, NONCONTIGUOUS CLUSTERING

    WHEREAS, the Township Committee previously adopted a Land Use Ordinance Section 35-600 CONDITIONAL USES AND SPECIAL PROVISIONS; and

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

    WHEREAS, The Planning Board identified Noncontiguous Clustering as a development option for certain properties within the Agricultural Residential (AR) District; and

    WHEREAS, The Planning Board Planner in a memorandum, dated April 22, 2008, in evaluating the Land Use Plan recommended that the noncontiguous Clustering should be advanced by the Township Committee as a special provision with standards in the AR District: and

    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 changes to 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 35-613 "Noncontiguous Clustering" of The Revised General Ordinances of the Township of Upper Freehold, as heretofore supplemented and amended, is hereby further amended to add this development option in the AR District as a special provision as follows:

A. Purpose

The basic purpose of permitting the development of "Noncontiguous Clustering" is to provide and encourage a method of creating single-family residential environments which, at the same time, preserve and safeguard desirable and appropriate agricultural lands, open spaces, steep slopes, flood plains, wetlands, wetlands transitional areas and scenic vistas.

B. Objective

The objective of Noncontiguous Clustering is to allow an individual property owner to transfer the development ability of one parcel to another parcel which that individual owns with the latter parcel remaining in farmland or open space.

C. Location

"Noncontiguous Clustering" is permitted as an optional development alternative in the "AR" District.

D. Requirements

Eligible parcels are those that are owned by the same individual at the time of the adoption of this ordinance. The individual owner must submit a copy of his/her deed for the parcel to be developed and the parcel to be preserved to establish common ownership of the parcels in question.

The preserved parcel must form a large contiguous pattern of farmland and/or open space in the amount of 150 acres or greater.

The preserved parcel less the homestead must be land that does not include wetlands, areas of steep slope greater than 15% and/or floodplain in an amount greater than 25% of the parcel.

The development parcel must submit a "Schematic Test Subdivision Plan" in accordance with Section 35-611 as amended less item 5.

The development parcel must adhere to Section 35-611D3 and 4.

The maximum number of units on the development parcel is 150 residential units.

Section 2 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 3 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:

Published:

Adopted:

ATTEST:                                                 UPPER FREEHOLD TOWNSHIP

                                                                             COMMITTEE

By:______________________________ By:___________________________

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

                        Business Administrator/Township Clerk        Mayor