UPPER FREEHOLD TOWNSHIP

ORDINANCE No. 205-08

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 35-601 I "EQUINE COMMUNITY OPTION"

    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 Equine Community Option as a development option for certain properties within the Agricultural Residential (AR) District; and

    WHEREAS, the Planning Board Attorney expressed his opinion that the application the Equine Community Option to certain properties, as written in the land Use Element of the Master Plan, could be challenged as matter of "spot zoning", and

    WHEREAS, The Planning Board Planner in a memorandum, dated April 22, 2008, in evaluating the Land Use Plan recommended that the Equine Community Option should be advanced by the Township Committee as a conditional use 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 35-601 I "Equine Community Option" 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 conditional use as follows:

"An Equine Community Option is a permitted conditional use within the "AR" Agricultural Residential District in accordance with the following conditions and standards.

Consisting of a required mix of clustered minimum one-acre residential lots and an equine center for the residents of the development;

a. 30% of the tract area may consist of clustered minimum one-acre residential lots,

b. 70% of the tract area is to be preserved as an equestrian center consisting of barns, paddocks, riding arena (indoor and outdoor), pastures, riding trails, parking and a community center that covers no more than 5% of the area set aside for the equine center.

c. The maximum number of lots on which dwellings are located should be determined by a lot yield plan that is compliant with the minimum lot size and bulk and area requirements for AR (6 acre lots) District, and has no variances, waivers and design exceptions.

Parcels shall be a minimum of 100 acres in size.

Single family lots must adhere to the area and yard requirements as found in Section 35-611D (3).

The Equine Community development must adhere to all of the general provisions and design standards as set forth in Section 35-500.

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:

Adopted:

ATTEST:                                             UPPER FREEHOLD TOWNSHIP

                                                                    COMMITTEE

By: ______________________________ By: ______________________________

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

                        Business Administrator/Township Clerk                 Mayor