Maintain the rural and country atmosphere which prevails throughout most of Upper Freehold Township.

Preserve farmland to the maximum extent possible and in a manner that is reasonable, achievable and equitable to the farmer.

Provide sufficient amounts of open space areas and appropriate facilities for a variety of passive and active recreational needs as part of all residential developments.

Prevent the homogenous spread of suburban type development throughout the Township.

Consider a responsible approach to addressing the mandate of the “Mt. Laurel II” New Jersey Supreme Court Decision and the requirements of the New Jersey Council on Affordable Housing.

The Development Plan of the Township of Upper Freehold should maintain the continuity of the Township’s planning process and build upon and refine the past planning decisions of the municipality, consistent with present local and regional needs, desires and obligations.

The identity of the Township of Upper Freehold as a totality and the integrity of its individual neighborhood areas should be preserved, enhanced and created to the maximum extent possible.

The Development Plan should strive to prevent the homogenous spread of suburban type development throughout the Township of Upper Freehold. Specific areas of the Township should be designated for specific types of residential and non-residential development. The rural and country atmosphere which prevails throughout most of Upper Freehold Township should be maintained.

Farmland should be preserved to the maximum extent possible in a manner that is reasonable, achievable and equitable to the farmer. A “Right to Farm” ordinance should be required to be shown on all approved subdivision maps and should be communicated to all prospective home buyers within the Township. Additionally, both public and private participation in the New Jersey Farmland Preservation Program should be encouraged.

The Development Plan should recognize the physical characteristics of the Township of Upper Freehold and acknowledge the inherent capabilities and limitations of the land to host different types of community development at appropriate densities and intensities:

The Development Plan should safeguard and promote the preservation of open space and woodland areas within the Township of Upper Freehold, and such areas should be set aside whenever possible and appropriate for conservation and/or recreational purposes.

The Development Plan should recognize and reasonably limit the probability of excessively rapid development which can cause a radical transformation of Upper Freehold Township and which can have negative impacts upon the natural environment and create a suddenly acute need for community services and infrastructure.

The Development Plan should attempt to ensure that all future major residential developments in the Township of Upper Freehold provide sufficient amounts and types of open space areas and appropriate facilities for a variety of passive and active recreational purposes.

The Development Plan should strive to improve upon the commercial and industrial vitality of the Township of Upper Freehold and should promote new development of non-residential uses in appropriate locations and with appropriate regulations to prevent so-called “strip” commercial development. The overall goal is to promote a strong local economy and a balance between residential and non-residential development, so that appropriate retail establishments are provided for the convenience of the Township residents, job opportunities are available and a balanced tax base is created.

The Development Plan should consider a responsible approach to addressing the mandate of the “Mt. Laurel II” New Jersey Supreme Court Decision and the requirements of the New Jersey Council on Affordable Housing (COAH), which obligates each municipality to provide for its “fair share” of its region’ “low” and “moderate” income housing.

The Development Plan should attempt to lessen the need to widen and improve the roads located in the rural portions of Upper Freehold Township. Therefore, the so-called “Ribbon Residential” pattern development, with a succession of driveway access points along the frontage of the rural roads, should be discouraged, since the driveway access points themselves can create a need to widen the roads with additional pavement.

The Development Plan (including the Land Use Plan Map) and the Land Use Regulations Ordinance provisions adopted to implement the Development Plan (including the Zoning Map) should be clearly and concisely drafted in order to eliminate the necessity for landowners to request deviation from the adopted provisions in order to remedy inconsistencies in the plan or the ordinance provisions. Moreover, variances from the ordinance provisions should only be requested and granted for legitimate “hardship” and/or “special” reasons in accordance with the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).”

The market demand for more housing throughout the State;

The growing lack of environmentally developable land;

The growing lack of conveniently accessible land; and

The municipal downzoning of major land areas.

The recommendations of the New Jersey State Development and Redevelopment Plan [for rural planning areas, such as Upper Freehold Township]; and

The need to safeguard the environmental attributes of the Township’s land and water areas, as documented in the adopted “Environmental Analysis” portion of the “1994-1995 Land Use Plan Element” and in accordance with the recently adopted and proposed amendments to the “Water Quality Management Planning Rules”, as promulgated by the New Jersey State Department of Environmental Protection.

Continue to formulate and refine a zoning strategy which will maximize open space preservation, retain farmland, preserve woodlands, preserve historic structures and districts, designate and protect scenic vistas, promote future land use development commensurate with the carrying capacity of the land to support such development and prevent overdevelopment;

Promote commercial development which is consistent with the Township’s rural character, with an emphasis on active farming including, but not limited to, crop farming, horse breeding, nursery farming, environmentally sensitive organic farming and commercial flower production;

Promote a transportation/circulation system that retains the character of the prevailing rural road network and provides for safe vehicular, pedestrian, equestrian and bicycle movements, that designates and protects scenic vistas and, where appropriate, that implements the construction of important local and regional transportation linkages;

Continue to foster working relationships with municipal, regional, county, state and federal offices in order to promote and protect Upper Freehold’s unique position as an [sic] historically valuable, environmentally sensitive and culturally rich farming community;

Retain the use of volunteer committees and establish an [sic] “Historic Preservation Commission”, in accordance with the Municipal Land Use Law, in order to study, document and help preserve the Township’s historic resources;

Help preserve the prevailing rural character of Upper Freehold Township through the establishment of a greenway network, the identification of scenic vistas and the designation of “scenic byway” status to roadways in the Township by the State of New Jersey’

Except where currently designated on the Township’s “Wastewater Management Plan”, and unless it clearly fosters the preservation of the majority of the Township in its prevailing rural character, do not expand the areas of the Township to be served by central sewerage systems or central water supplies; and

Apply the concept of “sustainable growth” to all forms of land activity in Upper Freehold Township, and use sustainable construction techniques to minimize the impact upon the environment, including energy efficient building designs, recycled materials, water conservation devices, permeable pavement, native plantings, low chemical usage to maintain the landscaping, and similar measures which are sensitive to the environment and which complement, and not detract from, the natural landscape.

Upper Freehold Township is an agricultural and residential community.

Upper Freehold Township seeks to maintain its rural character, historic past and its quality natural resources.

Achieve vision by appropriately:

Promote a sustainable future for all residents of the Township that is affordable and desirable.

Basis for new strategy, which provides the foundation upon which the land use plan is based

Residential land use districts, which discusses each residential district and provides recommendations for achieving the new strategy

Non-residential land use districts, which discusses each non-residential district and provides recommendations for achieving the new strategy.

1. Equity – It is the intent of the State Planning Commission that the benefits and burdens of implementing the SDRP should be equitably distributed among all citizens of the state. Where implementation of the goals, policies and objectives of the SDRP affects the reasonable development expectations of property owners or disproportionately affects the equity of other citizens, agencies at all appropriate levels of government should employ programs, including, for example, compensation, that mitigate such impacts to ensure that the benefits and burdens flowing from implementation of the SDRP are borne on an equitable basis. It is the position of the State Planning Commission that the SDRP should neither be used in a manner that places an inequitable burden on any one group of citizens nor should it be used as a justification for public actions that have the effect of diminishing equity. It is also the position of the Commission that the achievement, protection and maintenance of equity be a major objective in public policy decisions as public and private sector agencies at all levels adopt plans and policies aimed at becoming consistent with the SDRP (110 and 111).

2. Comprehensive Planning – Promote planning for public’s benefit, and with strong public participation, by enhancing planning capacity at all levels of government, using capacity-based planning and Plan Endorsement to guide the location and pattern of growth and promoting cooperation and coordination among counties, municipalities, state, interstate and federal agencies (111).

3. Public Investment Priorities – It is the intent of the SDRP that the full amount of growth projected for the state should be accommodated. Plan Strategies recommend guiding this growth to Centers and other areas identified within Endorsed Plans where infrastructure exists or is planned and where it can be provided efficiently, either with private or public dollars. (Designated Centers are included in the category of communities with Endorsed Plans.) Public investment priorities guide the investment of public dollars to support and carry out these SDRP strategies (116).

4. Infrastructure Investments – Provide infrastructure and related services more efficiently by investing in infrastructure to guide growth, managing demand and supply, restoring systems in distressed areas, maintaining existing infrastructure investments, designing multi-use school facilities to serve as centers of community, creating more compact settlement patterns in appropriate locations in suburban and rural areas, and timing and sequencing the maintenance of capital facilities service levels with development throughout the state (119).

5. Economic Development – Promote beneficial economic growth and improve the quality of life and standard of living for New Jersey residents by building upon strategic economic and geographic positions, targeting areas of critical capital spending to retain and expand existing businesses, fostering modern techniques to enhance the existing economic base, encouraging the development of new enterprises, advancing the growth of green businesses, elevating work force skills, and encouraging sustainable economic growth in locations and ways that are fiscally and ecologically sound (125).

6. Urban Revitalization – Prepare strategic revitalization plans, neighborhood empowerment plans and urban complex strategic revitalization plans that promote revitalization, economic development and infrastructure investments, coordinate revitalization planning among organizations and governments, support housing programs and adaptive reuse, improve access to waterfront areas, public open space and parks, and develop human resources with investments in public health, education, work force readiness and public safety in cities and towns (129).

7. Housing – Preserve and expand the supply of safe, decent and reasonable priced housing by balancing land uses, housing types and housing costs and by improving access between jobs and housing. Promote low- and moderate-income and affordable housing through code enforcement, housing subsidies, community-wide housing approaches and coordinated efforts with the New Jersey Council on Affordable Housing (136).

8. Transportation – Improve transportation systems by coordinating transportation and land-use planning integrating transportation systems; developing and enhancing alternative modes of transportation; improving management structures and techniques; and utilizing transportation as an economic development tool (140).

9. Historic, Cultural and Scenic Resources – Protect, enhance, and where appropriate rehabilitate historic, cultural and scenic resources by identifying, evaluating and registering significant historic, cultural and scenic landscapes, districts, structures, buildings, objects and sites and ensuring that new growth and development is compatible with historic, cultural and scenic values (144).

10. Air Resources – Reduce air pollution by promoting development patterns that reduce both mobile and stationary sources of pollution, promoting the use of alternative modes of transportation, and supporting clean, renewable fuels and efficient transportation systems (146).

11. Water Resources – Protect and enhance water resources through coordinated planning efforts aimed at reducing sources of pollution and other adverse effects of development, encouraging designs in hazard-free areas that will protect the natural function of stream and wetland systems, and optimizing sustainable resource use (147).

12. Open Lands and Natural Systems – Protect biological diversity through preservation and restoration of contiguous open spaces and connecting corridors; manage public land and provide incentives for private land management to protect scenic qualities, forests and water resources; and manage the character and nature of development for the protection of wildlife habitat, critical slope areas, water resources, and for the provision of adequate public access to a variety of recreational opportunities (151).

13. Energy Resources – Ensure adequate energy resources through conservation, facility modernization, renewable energy and cogeneration; to continue economic growth while protecting the environment; and to modify energy consumption patterns to capitalize on renewable, domestic energy supplies rather than virgin extraction and imports (156).

14. Waster Management, Recycling and Brownfields – Promote recycling and source reduction through product design and materials management and by coordinating and supporting legislative, planning and facility development efforts regarding solid and hazardous waste treatment, storage and disposal. Capitalize on opportunities provided by brownfield sites through coordinated planning, strategic marketing and priority redevelopment of these sites (158).

15. Agriculture – Promote and preserve the agricultural industry and retain farmland by coordinating planning and innovative land conservation techniques to protect agricultural viability while accommodating beneficial development and economic growth necessary to enhance agricultural vitality and by educating residents on the benefits and the special needs of agriculture (159).

16. Coastal Resources, Planning Regions Established by Statute and Special Resource Areas pertain to specific geographical areas of the State of New Jersey, coastal areas along the Atlantic Ocean and Delaware Bay; the Pinelands and Hackensack Meadowlands Development District; and The Highlands, respectively. Since Upper Freehold Township is not located within any of these special geographical areas, these SDRP policies are irrelevant to the Township.

17. Design – Mix uses and activities as closely and as thoroughly as possible; develop, adopt and implement design guidelines; create spatially defined, visually appealing and functionally efficient places in ways that establish an identity; design circulation systems to promote connectivity; maintain an appropriate scale in the built environment; and redesign areas of sprawl (174).

1. Encourage development, redevelopment and economic growth in locations that are well situated with respect to present or anticipated public services or facilities and to discourage development where it may impair or destroy natural resources or environmental qualities.

2. Reduce sprawl.

3. Promote development and redevelopment in a manner consistent with sound planning and where infrastructure can be provided at private expense or with reasonable expenditures of public funds (N.J.S.A. 52:18A-196 et seq.)

Metropolitan Planning Area: PA1

Suburban Planning Area: PA2

Fringe Planning Area: PA3

Rural Planning Area: PA4, and Rural//Environmentally Sensitive Planning Area: PA4B

Environmentally Sensitive Planning Area: PA5 and Environmentally Sensitive/Barrier Islands Planning Area: PA5B

Land Use: Enhance economic and agricultural viability and rural character by guiding development and redevelopment into Centers. In the Environs, maintain and enhance agricultural uses, and preserve agricultural and other land to form large contiguous areas and greenbelts around Centers. Development and redevelopment should use creative land use and design techniques to ensure that it does not conflict with agricultural operations, does not exceed the capacity of natural and built systems and protects areas where public investments in farmland preservation have been made. Development and redevelopment in the Environs should maintain or enhance the character of the area.

Housing: Provide for a full range of housing choices primarily in Centers at appropriate densities to accommodate projected growth, recognizing the special locational needs of agricultural employees and minimizing conflicts with agricultural operations. Ensure that housing in general – and in particular affordable, senior citizen, special needs and family housing – is developed with maximum access to a full range of commercial, educational, recreational, health and transportation services and facilities in Centers. Focus multi-family and higher density, single-family housing in Centers. Any housing in the Environs should be planned and located to maintain or enhance the cultural and scenic qualities and with minimum impacts on agricultural resources.

Economic Development: Promote economic activities within Centers that complement and support the rural and agricultural communities and that provide diversity in the rural economy and opportunities for off-farm income and employment. Encourage tourism related to agriculture and the environment, as well as the historic and rural character of the area. Support appropriate recreational and natural resource-based activities in the Environs. Any economic development in the Environs should be planned and located to maintain or enhance the cultural and scenic qualities and with minimum impacts on agricultural resources.

Transportation: Maintain and enhance a rural transportation system that links Centers to each other and to the Metropolitan and Suburban Planning Areas. Provide appropriate access of agricultural products to markets, accommodating the size and weight of modern agricultural equipment. In Centers, emphasize the use of public transportation systems and alternatives to private cars where appropriate and feasible, and maximize circulation and mobility options throughout. Support the preservation of general aviation airports as integral parts of the state’s transportation system.

Natural Resource Conservation: Minimize potential conflicts between development, agricultural practices and sensitive environmental resources. Promote agricultural management practices and other agricultural conservation techniques to protect soil and water resources. Protect and preserve large, contiguous tracts and corridors of recreation, forest or other open space land that protect natural systems and natural resources.

Agriculture and Farmland Preservation: Guide development to ensure the viability of agriculture and the retention of farmland in agricultural areas. Encourage farmland retention and minimize conflicts between agricultural practices and the location of Centers. Ensure the availability of adequate water resources and large, contiguous tracts of land with minimal land-use conflicts. Actively promote more intensive, new-crop agricultural enterprises and meet the needs of the agricultural industry for intensive packaging, processing, value-added operations, marketing, exporting and other shipping through development and redevelopment.

Recreation: Provide maximum active and passive recreational and tourism opportunities at the neighborhood and local levels by targeting the acquisition and development of neighborhood and municipal parkland within Centers. Provide regional recreation and tourism opportunities by targeting parkland acquisitions and improvements that enhance large contiguous open space systems and by facilitating alternative recreational and tourism uses of farmland.

Redevelopment: Encourage appropriate redevelopment in existing Centers and existing developed areas that have the potential to become Centers, or in ways that support Center-based development to accommodate growth that would otherwise occur in the Environs. Redevelop with intensities sufficient to support transit, a broad range of uses, efficient use of infrastructure, and design that enhance public safety, encourage pedestrian activity, reduce dependency on the automobile and maintain the rural character of Centers.

Historic Preservation: Encourage the preservation and adaptive reuse of historic or significant buildings, Historic and Cultural Sites, neighborhoods and districts in ways that will not compromise either the historic resource or the ability for a Center to develop or redevelop. Outside Centers, coordinate historic preservation needs with farmland preservation efforts. Coordinate historic preservation with tourism efforts.

Public Facilities and Services: Phase and program for construction as part of a dedicated capital improvement budget or as part of a public/private development agreement the extension or establishment of public facilities and services, particularly wastewater systems, to establish adequate levels of capital facilities and services to support Centers; to protect large contiguous areas of productive farmlands and other open spaces; to protect public investments in farmland preservation programs; and to minimize conflicts between Centers and surrounding farms. Encourage private investments and facilitate pubic/private partnerships to provide adequate facilities and services, particularly wastewater systems, in Centers. Make community wastewater treatment a feasible and cost-effective alternative.

Intergovernmental Coordination: Coordinate efforts of various state agencies, county and municipal governments to ensure that state and local policies and programs support rural economic development, agriculture, and the rural character of the area by examining the effects of financial institution lending, government regulation, taxation and other governmental policies and programs (209 and 210).

Farmland preservation;

Innovative conservation planning;

Economic development;

Natural resource conservation; and

Agricultural industry sustainability.

Agriculture-friendly zoning – a comprehensive land use practice that coordinates zoning and land use policy in a proactive way to encourage agribusiness and reduce the incidence of farmer-homeowner nuisance issues (21).

Clustering – a development design technique that concentrates buildings on a portion of land to allow the remainder to be preserved for agriculture, recreation or environmental purposes (ibid).

Density transfer – a technique to encourage flexibility regarding density, intensity of land use and design by engaging landowners in a specific region of a municipality to transfer density to another region for development at a density that is higher than what would be permitted by the underlying zone without such a transfer, thus preserving the land of the sending region (23).

Lot size averaging – is a simple method to permit flexibility in lot size on a parcel of land to preserve an area of the parcel of land (23, 24).

Transfer of development rights (TDR) – the clustering of development whereby density is transferred from sending parcels of land that are then preserved to receiving areas where development is clustered at a higher density than what is permitted by the underlying zone without the transfer of units from sending areas (24).

Planned unit developments (PUD) – a technique for permitting large lots to be developed in a more flexible way (mixing of land uses, higher densities and design) than allowed by the underlying zone (26).

Ordinance reform – to encourage more compact growth and mixed-use development patterns in and around existing town centers or in new centers (27).

Identify the parcel to be preserved (“sending area”).

Identify the “receiving area” parcel to be developed, i.e., where the density of the “sending area” parcel is to be transferred.

Establish the transferable density or development rights of the “sending area” parcel, i.e., the allowable density that may be transferred to the “receiving area” parcel.

Reach purchase agreements among the landowners of the “sending area” parcel, the “receiving area” parcel, and the developer of the “receiving area: parcel.

Prepare and review a concept plan for development of the “receiving area: parcel.

Establish the preserved use of the “sending area” parcel once its development rights are transferred.

Provide sufficient infrastructure (water, sewer, roads, etc.) for the “receiving area” parcel to be developed at the higher density that includes the transferred development rights.

Propose and adopt a municipal planned development ordinance that allows density transfers between the identified “sending area” parcel and the identified “receiving area” parcel.

Review and approve a single development application for the “sending area” parcel and the “receiving area” parcels.

Deed restrict the “sending area” parcel to its preserved use (Kinsey).

A landowner willing to sell and transfer development rights from a sending parcel.

A landowner-developer willing to buy and use those development rights to develop a receiving parcel at higher than otherwise permitted density of intensity of use, and

A municipality willing to preserve the sending parcel and accept its deed restriction, and allow the receiving parcel to be developed more intensively than otherwise permitted (ibid. 13).

Creation of an economic incentive to transfer density:

The creation of an economic incentive to encourage the transfer of density from rural farmland and open is crucial for the success of the noncontiguous parcel clustering strategy. Such an incentive is necessary in order to reap a public benefit, in this case it is the preservation of rural farmland and open space for maintaining the rural character and quality of life in Upper Freehold Township, while providing an economic benefit for landowners and developers that purchase land, or in this case the density derived from lands are to be preserved.

It has become evident to the Township Committee, the Planning Board and the public that the previous method for encouraging an economic benefit that provides a 35-percent bonus density for clustering residential development and setting aside the balance of undeveloped land of parcels did not achieve the public benefit of preserving significant amounts of large, contiguous tracts of land for agriculture and open space that was envisioned when the master plan and zoning ordinance were changed in 2003. Most of the clustered residential developments produced under the revised AR zone have set aside and preserved the environmentally sensitive portions of parcels that result in open space areas that are carved up and fragmented yielding little to no agricultural value and having the appearance of large-lot suburban sprawl, which conflict with the mission and goals of Upper Freehold Township. In September 2007, the Township Committee eliminated the 35-percent bonus density in response to the findings of the nitrate dilution study discussed infra. This action had a twofold effect: one is bringing residential zoning in the Upper Freehold in line with the current NJDEP nitrate target, and the other is eliminating the economic incentive for clustering under the current zoning scheme for the municipality.

In general, two methods for creating an economic incentive for transferring density exist:

The reduction method requirements for base zoning:

The most of the future residential development will occur in the AR Agricultural and RA-5 Rural Agricultural 5 zoning districts (2,921 dwelling units excluding units from previously approved and pending development applications and a further reduction of 502 dwelling units resulting from the elimination of the 35-percent bonus density). In order to effectuate the reduction method, the following steps must be implemented: