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
BY ADDING A NEW SUBSECTION 35-614 PERMITTING "ALLOWABLE EXCEPTIONS TO THE AGRICULTURAL (AR) RESIDENTIAL AND RURAL (RA-5) AGRICULTURAL ZONING DISTRICTS" WHEN UTILIZING THE NEW JERSEY FARMLAND PRESERVATION PROGAM
BE IT ORDAINED BY THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER FREEHOLD in the County of Monmouth and the State of New Jersey, that Chapter XXXV, "Land Use Regulations Ordinance", of the Code of the Township of Upper Freehold is hereby amended and supplemented to include new subsection 35-614, entitled "Allowable Exceptions to the Agricultural (AR) Residential and Rural (RA-5) Agricultural Zoning Districts." A note shall be placed in Section 35-405 "AR" ARGRICULTURAL RESIDENTIAL." "RA-5" RURAL AGRICULTURAL to make reference to this new subsection. A note shall be placed in Section 35-404 indicating that properties qualifying under this new subsection shall be exempt from the merging of the lots under Section 35-404.
Purpose. The basic purpose of this subsection is to permit allowable exceptions to the Agricultural (AR) Residential and Rural (RA-5) Agricultural Zoning Districts when property is being preserved utilizing the New Jersey Farmland Preservation Program. This subsection is intended to encourage preservation of farmland and providing a method for an individual preserving property to subdivide and except a lot from the New Jersey Preservation Program, while maximizing the land being preserved.
Objective. The objective of this subsection is to allow property owners to subdivide a portion of the lot through an exception to the Agricultural (AR) Residential and Rural (RA-5) Agricultural Zoning Districts, which require six (6) acre or ten (10) acre minimum lots, and permit the property owner to retain one (1) separate three (3) acre lot for every forty five (45) acres preserved, and up to a total of two (2) separate lots if the preservation is greater than ninety (90) acres.
Location. The "Allowable Exceptions to the Agricultural (AR) Residential and Rural (RA-5) Agricultural Zoning Districts" is permitted in the Agricultural (AR) Residential and Rural (RA-5) Agricultural Zoning Districts only.
Requirements. Parcels are eligible for one (1) three (3) acre lot subdivided from the entire parcel as a separate lot if a minimum of forty five (45) acres is placed into the New Jersey Farmland Preservation Program. A second subdivided lot is permitted if a minimum ninety (90) acres is placed into the New Jersey Farmland Preservation Program. A maximum of two (2) lots are permitted to be excepted per property.
Each lot excepted from the preserved parcel must conform to the bulk requirements for residential lots in the 2007 Agricultural (AR) Residential Zoning District for lots with a minimum three (3) acres. The lot/lots must qualify for septic and well prior to being subdivided from the original parcel.
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.
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.
Approved on First Reading: April 2, 2009
Approved, Passed & Adopted:
Barbara L. Bascom, RMC/CMC Stephen J. Alexander, Mayor