UPPER FREEHOLD TOWNSHIP

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

    WHEREAS, The proposed changes require amendments to the special provision of "Farmland/Open Space Conservation Clusters": and

    WHEREAS, The Planning Board Planner in a memorandum dated April 22, 2008 recommended the elimination of size requirements and an increase in the amount of land to be preserved in the Farmland/Open Space Conservation Clusters": 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 35-611B Location and Size of The Revised General Ordinances of the Township of Upper Freehold, as heretofore supplemented and amended, is hereby further amended to eliminate the size requirement to utilize this special provision. in the AR District as follows:

Section 2 Section 35-611C2 and 5 Maximum Number of Dwelling Units Permitted 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 and the amount of land that can be developed in a Farmland/Open Space Conservation Cluster in the in the AR District as follows:

Section 3 Section 35-611E1 and 2 Farmland/Open Space Preservations Requirements 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 increase the amount of land to be preserved in Farmland/Open Space Conservation Cluster in the AR District as follows:

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.