ORDINANCE 188-07
TOWNSHIP OF UPPER FREEHOLD
MONMOUTH COUNTY, NEW JERSEY
AN ORDINANCE AMENDING AND SUPPLEMENTING
CHAPTER XXXV, "LAND USE REGULATIONS ORDINANCE",
OF THE CODE OF THE TOWNSHIP OF UPPER FREEHOLD
COUNTY OF MONMOUTH, STATE OF NEW JERSEY
AND SPECIFICALLY
AMENDING SECTION 35-611 FARMLAND/OPEN SPACE CONSERVATION CLUSTERS REVISING SUBSECTION C.4. MAXIMUM NUMBER OF DWELLING UNITS PERMITTED.
WHEREAS, the Township Committee previously adopted a Land Use Ordinance Bond Ordinance SECTION 35-611 FARMLAND/OPEN SPACE CONSERVATION CLUSTERS specifically SUBSECTION C.4. MAXIMUM NUMBER OF DWELLING UNITS PERMITTED; and
WHEREAS there exists documentation regarding the impact of this provision in a build out study prepared by the Township Planner in 2005, and in a letter from the Planner dated August 24, 2006 responding to the Township Committee’s request dated July 24, 2006; and,
WHEREAS, the Township Committee of Upper Freehold Township by Resolution 250-06 authorized the submission of an ANJEC grant to perform a Capacity Analysis of Environmental and Infrastructure Systems to be used to compare projected capacities to levels of growth identified in the build-out study; and,
WHEREAS, ANJEC granted funds to Upper Freehold Township and on June 7, 2007 the Township Planner, Mark Remsa, presented the findings of the Nitrate Dilution Analysis which provides the basis and indicates that it is in the best interest of the citizens of Upper Freehold Township to eliminate the 35% density bonus provided in the Cluster Provision of the Townships Land Use Code.
WHEREAS, the Township desires to eliminate the 35% density bonus provided in the Cluster Provision of the Townships Land Use Code;
NOW THEREFORE, BE IT ORDAINED by the Township Committee of the Township of Upper Freehold, in the County of Monmouth, New Jersey as follows:
SECTION 1. Amend Section 35-611 FARMLAND/OPEN SPACE CONSERVATION CLUSTERS Subsection C. as follows:
C. Maximum Number of Dwelling Units Permitted.
Revise subsection 4 as follows:
4. Once the Planning Board determines the number of lots that could be developed in accordance with a conventional subdivision plan from the "Schematic Test Subdivision Plan", the Planning Board shall vote upon and approve by a majority of a quorum of the Board the maximum number of lots that will be considered for development as part of a "Farmland/Open Space Conservation Cluster".
a. Regarding a "Farmland/Open Space Conservation Cluster" designed to preserve farmland, an additional "farmstead" house will be permitted to be developed on the deed-restricted farmland.
Note: Section 35-405 A.13 (Permitted Principal Uses for the AR zone) permits Farmland/Open Space Conservation Clusters and cites Section 35-611 as the requirements for such clusters. It is in Section 35-611 where a bonus is provided when clustering, and it is in said section where it must be eliminated.
The revision provided above eliminates the 35% bonus density that had been added, in the past, to the number of lots shown on a schematic test plan. The number of lots that could be clustered is based strictly on a conventional subdivision under the AR zone without variances and no bonus for clustering.
Revised Subsection 4.a. is actually "old" subsection 4.b. "Old" subsection 4.a. was eliminated by combining portions of it with subsection 4. Revised Subsection 4.a. retains the incentive for a farmer to preserve the land and live in a new dwelling on the farmstead.
SECTION 2. All ordinances or parts thereof which are inconsistent or conflict with the provisions of this ordinance or any part thereof are hereby repealed to the extent of said inconsistency or conflict.
SECTION 3. If the provisions of any section, subsection, paragraph, subdivision or clause of this ordinance shall be judged to be invalid by a Court of competent jurisdiction, such Order or Judgment shall not affect of invalidate the remainder of any section, subsection, paragraph, subdivision or clause if this ordinance, or any other ordinance which is referred to herein, and to this end, the provisions of any section, subsection, paragraph, subdivision or clause of this ordinance are hereby declared to be severable. Should a Court of competent jurisdiction judge any clause, sentence or other part of this ordinance invalid, such judgment shall not affect, impair or invalidate the remainder of this ordinance.
SECTION 4. This ordinance shall take effect immediately upon final adoption, publication and the filing of said ordinance with the Monmouth County Planning Board, all in accordance with law.
Introduced: August 2, 2007
Adopted: September 6, 2007
Attest: Signed:
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Barbara L. Bascom, RMC/CMC Stephen J. Fleischacker, Mayor
Municipal Clerk/ Business Administrator
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Date