UPPER FREEHOLD TOWNSHIP
MONMOUTH COUNTY, NEW JERSEY
LAND USE PLAN ELEMENT
INTRODUCTION
Foundation for Vision, Goals and Objectives
Goals and Objectives
On October 12, 1995, the Upper Freehold Township Planning Board adopted the “1994-1995 Land Use Plan Element” of the Township’s master plan, which provided the following guiding principles of the “Land Use Plan Element”:
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.
These guiding principles remain valid today and, as a matter of fact, are instilled in the recommendations provided herein by this new “Land Use Plan Element”. In essence, they provide the fundamental foundation upon which planning the future of Upper Freehold Township is based.
The “1994-1995 Land Use Plan Element” recited the general purposes of the Municipal Land Use Law, N.J.S.A. 40:55D-2 as the goals for the Township’s master plan. Since those goals remain valid and are instilled in this new “Land Use Plan Element”, it is unnecessary to recite them in this new element of the master plan.
The Master Plan and Development Regulations, Periodic Reexamination Report dated November 2001 reexamined the “1994-1995 Land Use Plan Element” of the previous master plan. In doing so, the reexamination document recited the soils and environmental analyses provided in previous master plan documents to reinforce the facts that the township has a high degree of environmental sensitivity.
The 2001 reexamination report reexamined the following goals and objectives of the “1994-1995 Land Use Plan Element” finding them to remain valid for planning the future of the township:
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:
Conservation of the existing natural resources within the Township should be an integral part of the planning process, with special attention to the constraints of environmentally critical and sensitive areas, including wetlands, 100-year flood plains and lands with topographic slope of fifteen percent (15%) and greater.
The capacity of the soils throughout the Township to absorb and adequately filter septic effluent before the effluent enters the potable water supply should be a basic consideration in establishing residential densities and minimum lot sizes for housing within the Township; and
The groundwater resources of the various geologic formations within the Township should be considered, and care should be taken to permit densities and intensities of development commensurate with the capacities of the underlying aquifers to provide an adequate potable water supply.
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.).”
In consideration of new environmental information, the reexamination report recommended adding the following two objectives to Goal & Objective 5 “ 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”:
Applicable stormwater facilities and drainage basin and watershed plans, especially concerning the regional potable water supply, should be implemented in order to prevent adverse environmental impacts upon lands within the Township and upon surface and subsurface water resources; and
Based upon the documented information regarding the physical characteristics of the land and its ability to support the development of residential dwelling units which rely upon septic disposal systems, the minimum lot sizes required within the residentially zoned land areas of the Township should be periodically reassessed and changed when deemed prudent in order to protect existing and future homeowners from any degradation of the environment which would affect the homeowners’ quality of life.
The goals and objectives reexamined and recommended in the November 2001 reexamination report remain valid and are incorporated into this new master plan.
The reexamination document recommended changing the AR Agricultural Residential zoning district to provide an increase of the minimum lot size requirement from two (2) acres to four (4) acres. Changing the Upper Freehold Township’s zoning ordinance was never enacted to implement this recommendation. Furthermore, given the fact that simple four-acre, large-lot zoning will facilitate suburban sprawl thus accelerating the consumption of rural lands and exacerbating the loss of farmland and open space, this recommendation is no longer valid for this new master plan element.
Two retail commercial zoning changes were set forth in the reexamination document. The recommended change from VN Village Neighborhood along County Route 524 in the northwestern corner of the township to CC Community Commercial was made. The other recommendation, changing the HD Highway Development zone near Interchange 8 of I-195 to RC Regional Commercial, was not made. The latter recommendation is revisited in this new master plan document.
Following the adoption of the 2001 reexamination report, the Master Plan and Development Regulations Periodic Reexamination Report was adopted by the Planning Board on March 26, 2002. The new reexamination report recited the goals and objectives set forth in the 2001 reexamination report. The 2002 reexamination document indicated “[a]t this time, the stated overall objectives and goals continue to reflect the general preferences of the Township to manage its growth” (9).
The 2002 reexamination report indicated that there were significant changes in assumptions, policies and objectives. The first significant change was the Township meeting its affordable housing fair share obligation by rehabilitating eleven (11) dwelling units, constructing eleven (11) accessory rental apartments that would have a total credited yield of twenty-two (22) units and a new construction component of forty-four (44) units.
The second significant change is the increased pressures for development. The 2002 report indicated that the Upper Freehold grew from 2,551 in 1970 to 4,282 in 2000 (an increase of 1,731 or about 68 %). It cited the following statewide occurrences that contribute toward this mounting pressure:
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 third change is based on the changes and pending changes to the New Jersey Department of Environmental Protection’s “Water Quality Management Planning Rules” that will more stringently regulate septic effluent. These state rule changes are anticipated to place greater importance on the carrying capacity of land. These rules would have a significant impact on land development in Upper Freehold Township because the community relies heavily on septic systems and individual wells.
The fourth change is caused by the land use recommendations from the 2001 State Development and Redevelopment Plan (SDRP). The SDRP has designated most of the Township as Rural Planning Area PA4 and Rural/Environmentally Sensitive Planning Area PA4B. PA4 and PA4B are areas comprise “much of the countryside of New Jersey, where large masses of cultivated or open land surround rural Regional, Town, Village and Hamlet Centers, and distinguish other sparse residential, commercial and industrial sites from typical suburban development…” (15). The SDRP goes onto to stress the importance of preserving large tracts of land to preserve farmland and environmentally sensitive areas. The recommended forms of development in PA4 and PA4B are centers that maintain the environs surrounding the centers. A centered-based approach avoids indiscriminate sprawling development that covers the countryside and irreversibly consumes farmland, open space and environmentally sensitive areas.
The adoption of the 2000 Farmland Preservation Plan and the 2000 Open Space and Recreation Plan represent the fifth and sixth significant changes, respectively. In essence, the two preservation plans stress the importance of preserving lands to preserve the rural character of Upper Freehold Township. Farmland preservation is crucial to maintaining a viable agricultural industry in the Township. Open space preservation is paramount for the conservation, preservation and protection of the Township’s unique rural environment and the provision of passive and active recreational opportunities in the community.
The 2002 reexamination report recommended changing the minimum lot size for the AR zone from two (2) acres to three (3), which was eventually implemented by the Township Committee of Upper Freehold Township. The report also reiterated the retail commercial zone changes that were set forth in the 2001 reexamination report,
The 2003 Amendments No. 1 to the Land Use Element of the Upper Freehold Township Master Plan essentially provided the basis and recommendation for increasing the minimum lot size for the AR zone from two (2) acres to three (3) acres. It recited the goals and objectives set forth in the reexamination report and provided the environmental information and analysis that was set forth in the reexamination report.
The 2003 amendment stressed the importance of “the need for a low density zone plan” in order to be in concert with the following planning documents:
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.
The 2003 amendment conducted a lot size analysis for the AR zone. It concluded that the average lot size for all lots was 12.88 acres and 91.3 percent of the lands zoned AR had lots of six (6) acres or more in area.
The amendment recommended changing the minimum lot size for the AR zone to be three (3) acres and providing for a “Farmland/Open Space Conservation Cluster” development alternative [option] for tracts of land at least fifty (50) acres in area. Under the recommended cluster option, a “Schematic Test Plan” would be prepared in accordance with conventional three-acre AR zoning with an exclusion of environmentally sensitive lands that would reduce the amount of developable land and provide a greater sensitivity toward preserving such lands in order to establish the lot yield that could be clustered. As a reward for clustering lots a bonus density of thirty-five percent (35%) more lots would be added to the lot yield.
Vision
On March 2, 2004, the Upper Freehold Township Vision Committee prepared the 2004 Supplement No. 2 to the Upper Freehold Township Master Plan, Vision Statement, which built upon current goals and objectives contained in the Upper Freehold Township Master Plan and stated a course of action recommended for implementation. The vision document carried forward the planning goals and objectives of the previous master plan land use plan elements and reexamination reports for the purpose of forming the basis for the vision statement. The vision statement indicates “it is the ‘vision’ of the Township to appropriately balance private and public property rights, conserve natural and cultural resources, maintain active farming and open space, develop educational and recreational facilities and to preserve the prevailing quality of life (emphasis added); all in order to promote a sustainable future for all residents of the Township that is affordable and desirable (emphasis added)” (6).
The vision of the Township recognizes that Upper Freehold benefits significantly from its partnership with Monmouth County that has resulted in funding the acquisition of farmland for preservation purposes and open space buffers for the purpose of protecting natural environmental resources in the Crosswick’s Creek watershed and historic Walnford.
The vision statement set forth the following courses of action for achieving the vision for Upper Freehold Township:
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.
The following summary of the vision for Upper Freehold Township was taken from planning documents dated October 12, 1995 to March 2, 2004:
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:
Balancing private and public property rights.
Maintaining active farming and open spaces
Developing educational and recreational facilities
Preserving the prevailing quality of life
Promote a sustainable future for all residents of the Township that is affordable and desirable.
In an effort to further refine the vision for Upper Freehold Township and expand goals and objectives to facilitate the mission of preserving the Township’s high quality of life, a questionnaire was prepared and distributed to the members of the Planning Board seeking their invaluable input and insights in 2005.
The results of the initial questionnaire say the following about the vision for Upper Freehold Township:
The Rural and Country Atmosphere in Upper Freehold Township is:
Substantial amount of open spaces that provide attractive view sheds and scenic country roads
Views of farming operations and agricultural fields, woodlands with wildlife and various types of water features
Viable agriculture
Low traffic on roads that have few improvements
Villages surrounded by open spaces
Architecture that reflects a “country-style”
The Rural and Country Atmosphere in Upper Freehold Township can be retained by:
Allowing villages and hamlets to grow to a limited degree surrounded by open space and farmland
Clustering development to provide for very large areas of open space and farmland to be preserved and amassed
Protecting the environment is critical
The preservation of farmland is paramount given:
The need to be pro-farming and not just pro-rural because farming is an industry
The need to protect landowner equity
The need to permit more flexibility in zoning to allow farmers to increase opportunities to generate additional income – “staying power”
The need to minimize conflicts between farming (an industrial use) and residential areas.
The need to implement innovative land development techniques that preserve farming and farmland, protect landowner equity and facilitate land development patterns that amass large amounts of farmland and keep housing away from farming operations
The need to harness market forces to create incentives to encourage landowners to follow innovative land development techniques
The preservation of open space is important to:
Provide active and passive recreation for all ages
Provide such recreational facilities on a community-wide basis near concentrations of population and school facilities
Provide recreation in individual housing developments
The spread of suburban sprawl is best addressed by:
Concentrating development along county roads and other well-traveled roadways
Preserving large amounts of contiguous land
Transferring density from the rural areas to areas near existing villages and along well-traveled roadways, but not by using TDR
Ensuring that streams and stream corridors are protected from any concentrated development
It is very important to address existing and future affordable housing needs by:
Providing mixed affordable units with market-rate units
Providing stand along developments
Providing age-restricted housing
Providing accessory apartments
Using regional contribution agreements
Spreading the foregoing types of affordable housing throughout the township
The local economy consists of:
Agricultural and farming operations
Agricultural services and supply
Equestrian-related and animal care businesses
A mix of local retail and service businesses, including eateries and restaurants
Construction businesses and sawmill
The local economy needs more personal and business services.
New business should be located:
In and next to villages and hamlets
At traditional crossroads
County roads and highways
The agricultural industry needs help by allowing farmers to generate additional income by:
Having family-type businesses operate on farms
Renting buildings for low-impact uses
Operating windmills
Locating cellular towers on farms
Preserving Upper Freehold’s Rural Character
The results of the questionnaire indicate that the Planning Board wants to preserve the rural character of Upper Freehold by:
Maintaining concentrations of contiguous tracts of farmland and open space (creates large expanses of unbroken farmland and open space)
Reducing the amount of large-lot suburban sprawl (large-lot sprawl divides the land and breaks up expanses of farmland and open space)
Protecting landowners’ equity as best as possible
Creating concentrations of housing and commercial development in appropriate locations
Transferring development potential (housing) from rural areas that should be maintained to areas appropriate for more concentrated development
The Planning Board believed that accomplishing these five (5) objectives would achieve the goal of preserving the rural character of the community. It also indicated that it would advance the “Country Code” adopted for the community. You also found that it would facilitate “smart growth” (encouraging a balance of growth and preservation that is sustainable) that the New Jersey State Planning Commission encourages in the New Jersey State Development and Redevelopment Plan.
Upper Freehold Township has worked diligently to preserve its high quality of life by protecting the Township’s natural and manmade environment that consists of unique environmentally sensitive areas and open spaces, farmland and related supporting operations, and historic buildings, sites, settlements and hamlets, all of which contribute toward the Township’s unique rural character. The mission to preserve the Township’s high quality of life has been consistent and highly focused over the years as reflected in Upper Freehold’s numerous planning documents. The numerous influential factors (economic, market, environmental, governmental, regulatory, etc.) that create pressures for change in communities are dynamic and constantly in flux. In response to these incessant changing dynamics the Township’s planning goals and objectives have been refined and expanded with the express purpose to preserve Upper Freehold’s high quality of life.
To illustrate the development pressures that have impacted Upper Freehold Township the decennial census results taken by the United States Bureau of the Census dating back to 1970 are provided below.
Year Population Change
1970 2,551
+199, +7.8%
1980 2,750
+527, +19.2%
1990 3,277
+1,005, +30.7%
2000 4,282
From 1970 to 2000 Upper Freehold’s population grew by 1,731 or 67.9 percent. The most significant growth occurred from 1990 to 2000 increasing by 1,005 persons (30.7%). The previous ten years brought significant growth increasing the township population by 527 or 19.2 percent.
In order to further illustrate the potential for Upper Freehold transforming into a suburban sprawl community under the status quo zoning scheme for the community, a buildout analysis was prepared for Upper Freehold Township in December 2005. The Zoning Buildout Analysis, Upper Freehold Township, New Jersey determined that of the 47.13 square miles of Upper Freehold Township approximately 22.02 square miles or 46.7 percent of the land mass is unavailable for future development because these lands are either developed or preserved and the balance, approximately 25.11 square miles or 53.3 percent, is undeveloped farmland and open space. The lands unavailable for future development consist of 4.27 square miles or 19.5 percent that is occupied by existing development and 17.75 square miles or 80.5 percent that has been preserved as farmland or open space.
With slightly more than half of the Township being undeveloped it was important to determine the potential buildout that could occur based on current zoning. The analysis examined undeveloped lands in all zoning districts and utilized current density bonus of 35-percent for clustering residential development in the AR Agricultural Residential zoning district. The buildout analysis found that a significant amount of the undeveloped lands are encumbered by freshwater wetlands, 100-year floodplains and steep slopes: 5,254 acres or one third are undevelopable, and 10,816 acres or two-thirds are developable.
The results of the buildout analysis are provided below.
Total Future Residential Lots
Buildout Yield 2,988
Previously Approved/
Pending 573
Total 3,561
Total Future Non-Residential Space (square feet)
Buildout Yield 6,210,000
Previously Approved/
Pending 1,945,000
Total 8,155,000
The buildout for Upper Freehold has the potential to add 3,561 dwelling units and 8.2 million square feet of non-residential space, most of which would be warehousing, distribution and offices. The increase of 3,561 dwelling units is estimated to generate about 10,335 new residents.
Earlier in 2007 Upper Freehold Township secured a grant from the New Jersey Association of Environmental Commissions (ANJEC) to assist in funding the preparation of a nitrate dilution study for the buildout of community. The study examined two scenarios for the community: one is the determining the capacity of the environment to absorb septic effluent from existing and future dwelling units based on three- and five-acre zoning (buildout for AR and RA-5 zoning districts) controlling for the current New Jersey Department of Environmental Protection (NJDEP) nitrate dilution target of 5.2 milligram per liter (mg/L), and the other is determining the capacity of the environment to absorb effluent from buildout controlling for the proposed NJDEP target of 2.0 mg/L.
In July 2007 the final report of the Development Capacity Analysis for Upper Freehold Township, New Jersey was released. It found that under the 5.2 mg/L target current zoning (AR and RA-5) without a 35-percent bonus density would not exceed the development capacity of the environment. Under the more stringent target of 2.0 mg/L the zoning density should be halved for the AR zone, which means going from three-acre zoning to six-acre zoning, to be within the development capacity.
Acting upon the findings of the study, on September 6, 2007 the Township Committee amended, by ordinance adoption, Chapter XXXV, “Land Use Regulations Ordinance” of the Code of the Township of Upper Freehold, County of Monmouth, State of New Jersey by removing the 35-percent bonus density to comport with the 5.2 mg/L target for development capacity. This action reduced the buildout for the community by about 502 dwelling units and 1,502 persons.
As the pressures for change mount it has become evident that developing and implementing a new, innovative, proactive approach is paramount for achieving the vision, goals and objectives established for preserving Upper Freehold’s high quality of life. This new land use plan element provides for such an approach. To do so, this new element builds on the foundation provided by previous planning efforts and constructs a strategy that should be implemented for preserving the high quality of life in Upper Freehold Township. Furthermore, the findings of the nitrate dilution study as they relate to the more stringent 2.0 mg/L target for development capacity are taken into consideration in developing the strategies and recommendations of the Land Use Plan.
LAND USE PLAN
Introduction
The Land Use Plan is presented in three sections:
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.
Basis for New Strategy
The vision, goals and objectives articulated in previous Upper Freehold Township planning documents and the recent work of the Township Planning Board provide the fundamental building blocks for the new land use planning strategy in the community. Contributing further to fortifying the foundation for the Township’s land use planning strategy are the statewide policies of The New Jersey State Development and Redevelopment Plan (SDRP) adopted by the New Jersey State Planning Commission on March 1, 2001. These policies are designed to improve the planning and coordination of public policy among all levels of government through flexible application (SDRP 110). The overarching policies are:
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).
The State Planning Act contains three key provisions that mandate the approaches the SDRP must us in achieving State Planning Goals. The SDRP must:
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.)
In order to address these key provisions, the SDRP sets forth a State Policy Map that integrates the two critical spatial concepts – Planning Areas, and Centers and Environs -- and provides the framework for implementing the Goals and Statewide Policies (SDRP 181). The State Policy Map framework consists of five planning areas:
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
The planning area that applies to Upper Freehold Township is PA4 which carries the following SDRP goals:
Maintain the Environs as large contiguous areas of farmland and other lands; revitalize cities and towns; accommodate growth in Centers; promote a viable agricultural industry; protect the character of existing stable communities; and confine programmed sewers and public water services to Centers (186 and 208).
The following SDRP Policy Objectives are to be used to guide the application of the SDRP’s Statewide Policies in PA4, the criteria for designation of existing or new Centers, the policies for delineating Center Boundaries, and local and state agency planning:
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).
The challenge is “maintaining and enhancing the rural character [emphasis added] of the Rural Planning Area [PA4 which] will require considerable attention by all levels of government, as well as the private and nonprofit sectors” (211). Meeting the challenge starts at the municipal level, which is where local visions take shape and local planning is implemented through local zoning regulations. “Planning initiatives throughout the Rural Planning Area over the last few decades have not always promoted the rural character. [Unfortunately, with the best intentions, local planning has perpetuated suburban sprawl, not arrested it.] “…The planning challenge is to rethink how we accommodate growth in rural areas and what tools we need on all levels of government and in the private and nonprofit sectors to achieve a common vision [emphasis added]” (ibid)
Upper Freehold Township is a rural community with a strong presence of active agricultural and farming operations. It is agriculture that is the main contributor to creating the rural landscape in the Township. The loss of agriculture in the community means the loss of the rural landscape, as it is known today. The indiscriminate development of the farms and farmland with low-density housing and large-scale commercial and industrial facilities would irreversibly transform Upper Freehold into a sprawling suburban community that is typically found throughout New Jersey. In essence, Upper Freehold would lose its identity as a rural community and ties to its agrarian heritage, both of which are dearly treasured.
Given the fact that the threat of losing its identity as a rural/agricultural community to suburban sprawl is real, it is paramount to develop and implement a new land use planning strategy to ensure that this does not occur. Tantamount to having such a strategy is understanding the concerns of the farmer and large landowner who provide the rural landscape by actively engaging in agricultural activities on their land.
The Agricultural Smart Growth Plan for New Jersey (ASGP), which was prepared by the New Jersey Department of Agriculture in November 2003, eloquently summarizes the issue of loss of farmland relative to farmers’ concerns in the following manner:
Preserving Equity:
Recognizing the importance of equity [to the farmer], the [New Jersey] State Planning Commission made it the number-one statewide policy of the State Development and Redevelopment Plan, adopted first in 1992 and again in 2001.
The impact assessments prepared by Rutgers University on both plans acknowledge the need to address equity by using a broad array of programs to preserve farmland, including the purchase or transfer of development rights.
This Agricultural Smart Growth Plan reflects the State Planning Commission’s position that “the achievement, protection and maintenance of equity be a major objective in public policy decisions…”
Indeed, the maintenance of equity is an underlying tenet of this Agricultural Smart Growth Plan and a guiding principle that is carefully woven throughout all five components [of the plan] (2).
The ASGP set forth five components to sustain a viable agricultural industry in New Jersey, all of which are applicable to Upper Freehold Township. The five components are:
Farmland preservation;
Innovative conservation planning;
Economic development;
Natural resource conservation; and
Agricultural industry sustainability.
The preparation of the ASGP and the development of its five components are based on the definition of “smart growth” provided in the 2001 New Jersey State Development and Redevelopment Plan (SDRP), as follows:
Smart growth is the term used to describe well-planned, well-managed growth that adds new homes and creates new jobs, while preserving open space, farmland and environmental resources. Smart growth supports livable neighborhoods with a variety of housing types, price ranges and multi-modal forms of transportation. Smart growth is an approach to land-use planning that targets the state’s resources and funding in ways that enhance the quality of life for residents in New Jersey.
Smart growth principles include mixed-use developments, walkable town centers and neighborhoods, mass transit accessibility, sustainable economic and social development and preserved green spaces. Smart growth can be seen all around us: it is evident in larger cities such as Elizabeth and Jersey City; in smaller towns like Red Bank and Hoboken; and in rural communities like Chesterfield and Hope.
In New Jersey, smart growth supports development and redevelopment in recognized centers – a compact form of development – as outlined in the State Development and Redevelopment Plan, with infrastructure that serves the economy, the community and the environment.
The ASGP indicates that the agricultural community opposes down zoning, large lot zoning and any other zoning that has the practical effect of large-lot zoning because these zoning practice fracture and consume farmland, promote land-consumptive sprawl, adversely impact landowner equity and are counterproductive to the principles of smart growth (6, 7). The agricultural community is supportive of equitable and feasible density-transfer methods to coordinate preservation planning in conjunction with regional growth management (7).
In order for Upper Freehold to remain rural by maintaining its agricultural community, it must instill SDRP smart growth principles and the five ASGP components into its land use planning and implementation. The Township must continue acquiring the development rights of farmland through its farmland preservation program, as well as continuing its efforts to acquire important open space.
Upper Freehold Township must employ innovative conservation planning coupled with the purchase of development rights programs to consume less land and strike a balance between preservation and growth. “The American Farmland Trust found the problem does not lie in growth itself, but in wasteful and destructive land use” (19). Upper Freehold Township must avoid making the mistake of establishing a land use planning scheme under which farmland is consumed at a rapid pace only to be replaced by large-lot, low-density suburban sprawl. The ASGP warns against such planning schemes, as follows:
Many New Jersey towns are fed up with this development and want to stop growth completely. Some scramble to preserve any parcel of land slated for development. Others downzone open land – typically active farmland – to reduce the number of homes that are built and to limit infrastructure costs associated with residential development.
But these random and reactionary preservation efforts actually encourage sprawl and result in the loss of farmland.
Downzoning and large-lot zoning may reduce the number of homes that can be built, but it also spreads out those homes in such a way that consumes more land, with none of the remaining useable for farming, forestry or recreation. Lots become “too large to mow, but too small to plow.”
Downzoning also devalues agricultural land by reducing its development potential. When a municipality decreases the land’s development potential, it is also reducing the farmer’s net worth and hurting the farmer’s ability to obtain flexible financing at competitive interest rates. This in turn increases the pressure on New Jersey’s farmers whose land is often their primary financial asset.
…While New Jersey should not stop growth, it can plan for it in a way that protects the state’s most valuable farmland and other natural resources and ensures the continued viability of its agricultural industry (ibid).
Upper Freehold has available several innovative land use planning techniques that, to be effective, must be used in tandem with the other components of the ASGP. These planning techniques taken from the ASGP include:
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).
Upper Freehold Township can do its part in agricultural economic development by encouraging the investment in agricultural infrastructure that supports, maintains and expands the business of farming. The Township must consider agriculture as part of the local and regional economy. Preserving farmland alone does not guarantee that the land will be actively and viably farmed. Therefore, the Township must commit to ensuring regulations and programs are flexible and supportive of the farming community.
“As stewards of the land, farmers must protect the quality of our environment and conserve the natural resources that sustain it by implementing conservation practices that improve water quality, conserve water and energy, prevent soil erosion and reduce the use of nutrients and pesticides” (38). Upper Freehold must work with local farmers in developing natural resource conservation plans and programs.
Upper Freehold Township must help to create an environment that supports the agricultural industry demonstrating that agriculture is the preferred land use and encouraging the retention of thriving and diverse farming operations. Local ordinances must support agriculture, not hamper it. Municipal right-to-farm ordinances and regulations must be sensitive to the needs of farmers. Municipalities must be proactive in changing ordinances that are supportive of farming as the agricultural industry changes and farmers need to adapt in order to remain viable. In essence, Upper Freehold must be vigilant in ensuring that its local rules and regulations contribute toward the sustainability of the agricultural industry in the community.
The SDRP and the ASGP provide sound policies and recommendations for rural communities to grow and develop intelligently while preserving their rural character and retaining their agricultural base. During the latter half of 2005, the members of the Planning Board completed a second survey in which they identified potential key strategies for preserving Upper Freehold’s rural character and retaining its agricultural base. The results of the survey, which are provided below, begin to shape the strategies upon which this new land use plan element is based.
Residential Land Use Districts
The Strategy: Noncontiguous Parcel Clustering
AR Agricultural Residential and RA-5 Rural Agricultural 5
In order to preserve its rural character and retain its agricultural base, Upper Freehold Township intends to preserve large, uninterrupted, contiguous parcels of farmland and open space, thus avoiding low-density suburban sprawl penetrating the community’s countryside, destroying the rural nature of the community, fragmenting farmland and fields, and creating potential conflicts between new suburban homeowners and established agricultural operations that typically create dust, noise and odors and utilize large, slow-moving farm vehicles on narrow rural roads. The Township also desires to preserve, as best as possible, equity of the farmer and large landowner by creating incentives for farmland preservation and alternate forms of development that are significantly less consumptive of rural land and occur in strategically placed locations that minimize stress on the natural environment and manmade infrastructure.
During the latter half of 2005, a second questionnaire was distributed to Planning Board members with the purpose of obtaining vital input for shaping the strategy for achieving the vision of a rural and agricultural-based community for Upper Freehold Township. The results of that questionnaire are contained in Appendix B. Gleaned from the results is a consensus that the approach to achieving the vision is by the method of transferring development potential from the rural farmland and open space that are to be preserved to clusters of housing that may or may not have some commercial development.
The strategy that Upper Freehold Township will utilize to achieve its vision and goal of preserving its rural character and retaining its agricultural industry is “noncontiguous parcel clustering,” which is defined as “a planning technique that allows one parcel to be preserved while its development rights are transferred to a different, noncontiguous parcel which is developed at a higher density than otherwise permitted, provided both parcels are considered together as a single cluster development.”
Implementing a density transfer by noncontiguous parcel clustering, in general, requires ten key actions:
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).
The Municipal Land Use Law, under N.J.S.A. 40:55D-65.c. authorizes municipalities to provide for noncontiguous parcel clustering, and under N.J.S.A. 40:55D-12, it allows contiguous and noncontiguous lands to count toward the minimum land area required for “planned developments” (ibid. 11). The law allows for “large planned developments of 100+ acres proposed with noncontiguous parcel clustering [to] utilize the general development plan provisions… to gain the vested right to seek preliminary and final subdivision/site plan approvals consistent with the plan for sections of the development for up to 20 years following the initial plan approval” (N.J.S.A. 40:55D-45.1 – 8). To avoid ambiguity, the planned development density transfer provisions of a zoning ordinance must specify the mechanism for implementing and recording the density transfer from the sending parcel, such as a deed restriction or conservation easement for the common or public open space (sending area) that is to be protected through the transfer (Kinsey 12).
In order to effectuate the transfer of density under noncontiguous parcel clustering, an agreement among three parties, as follows, must be achieved:
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).
Given the basics for noncontiguous parcel clustering for transferring density that were discussed above, the primary mechanics for implementing density transfer strategy are outlined in the following manner:
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:
a. The first method involves holding the base zoning density of sending and receiving parcels and, then, increasing density for sending and receiving parcels as an incentive to encourage the transfer of density from sending parcels to receiving parcels. Under this method both sending and receiving parcels have the ability to generate more dwelling units when a transfer of density occurs, and if no transfer occurs, they enjoy current “status quo” zoning density – in essence, it will be the same density as if nothing happens. Under this method, the incentive to encourage the transfer of density must be substantially higher than status quo levels to foster a change in the economic behavior of landowners and developers. The result of such an economic incentive is an increase in the overall number of dwelling units above the base zoning that would be expected under total buildout of the community. The Township has rejected, during numerous township committee and planning board meetings, this type of incentive; the Township does not want to increase the number of dwelling units in excess of the number calculated in the 2005 Zoning Buildout Analysis. To that end, the “hold-base-zoning-density-and-increase-density-when-transferring” method will not be employed in this new master plan land use plan element.
b. The second method reduces the base zoning density of parcels for sending and receiving parcels and increases the density for sending and receiving parcels as an incentive to encourage density transfer. The concept under this method is to reduce status quo densities to a meaningful level so that when the transfer of density is executed densities are increased close to or at previous status quo base zoning levels, thus preserving landowner equity and obtaining the public benefit of preserving the rural character of the community. The result of employing such an economic incentive is avoiding the generation of dwelling units in excess of the buildout analysis, which the Township desires. Therefore, the “reduce-base-zoning-density-and-increase-density-when-transferring” method will be utilized in this land use plan element.
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:
a. Reduce the existing permitted density by 50 percent for the AR and RA-5 zoning districts. This change is translated into the following densities:
Current Density Recommended Density
Zone (Dwell. Units/Acre) (Dwelling Units/Acre)
AR 0.33 0.17
RA-5 0.20 0.10
Therefore, the recommended lot sizes for the AR and RA-5 zoning districts are increased from three (3) and five (5) acres, respectively, to six (6) and ten (10) acres, respectively.
It is important to understand that the 50 percent reduction in recommended density comports with the findings of the nitrate dilution study that control for the 2.0 mg/L target. Any increases in density resulting from an incentive would exceed the more stringent target and therefore would require developers to employ more advanced individual septic systems that achieve the 2.0 mg/L target from the collective the groundwater discharges from all of the septic systems in the development. The proposed development of higher density would be analyzed employing NJDEP-accepted analytical methodologies to ensure compliance with the 2.0 mg/L target.
b. Establish minimum contiguous tract size requirements for permissible subdivisions of lands situated in AR and RA-5 zoning districts as modified according to respective recommended densities in the following manner:
Minimum Tract Size Requirement
> 20 acres Mandatory cluster of minimum one-acre residential lots with no increase in density and the inclusion of preserved farmland and/or open space. The maximum number of one-acre residential lots should be determined by preparing a lot yield plan (schematic test plan) that is compliant with the minimum lot size and bulk and area requirements for AR (6-acre lots) and RA-5 (10-acre lots) zones and has no variances, waivers and design exceptions.
< 20 acres Conventional Subdivision that complies with the minimum lot size and bulk and area requirements for AR (6-acre lots) and RA-5 (10-acre lots) zones. Allow for lot averaging such as 1- to 10-acre lots for the AR zone and 1- to 20-acre lots for the RA-5 zone. No increase in number of dwellings in excess of the permitted gross density (0.17 dwelling units per acre for AR zone and 0.10 dwelling units per acre for RA-5 zone) should occur from employing lot averaging.
> 25 acres Cluster/Farmette Option consisting of a required mix of clustered minimum one-acre residential lots and minimum ten-acre farmette lots (house with agricultural use): < 30% clustered lots and > 70% farmette lots. The maximum number of lots on which dwellings are located should be determined by prepared a lot yield plan that is compliant with the minimum lot size and bulk and area requirements for AR (6-acre lots) and RA-5 (10-acre lots) zones and has no variances, waivers and design exceptions. No increase in number of dwellings in excess of the lot yield plan should occur from employing the Cluster/Farmette Option.
> 100 acres Equine Community Option consisting of a required mix of clustered minimum one-acre residential lots and an equine center for the residents of the development: < 30% of the tract area may consist of clustered minimum one-acre residential lots, and > 70% of the tract area should be preserved as an equestrian center consisting of barns, paddocks, riding arena (indoor or outdoor), pastures, riding trails, parking and a community center that covers no more than 5% of the area set aside for the equine center. The maximum number of lots on which dwellings are located should be determined by prepared a lot yield plan that is compliant with the minimum lot size and bulk and area requirements for AR (6-acre lots) and RA-5 (10-acre lots) zones and has no variances, waivers and design exceptions. No increase in number of dwellings in excess of the lot yield plan should occur from employing the Equine Community Option.
This recommendation proposes six new concepts: (1) requiring mandatory cluster for the subdivision of tracts of land of a certain size without a bonus density; (2) establishing a minimum tract size (20 acres) for the mandatory cluster; (3) requiring a lot yield plan (schematic test plan) to be prepared to determine the maximum number of dwelling units for the mandatory cluster in the AR and RA-5 zoning districts; (4) requiring conventional subdivisions for tracts of land less than 20 acres in area; (5) allow for lot averaging for convention subdivisions, however, without any increase in lot density; and (6) establishing two options for the subdivision of tracts of land having 25 acres or more, each maintaining conventional lot densities according to the respective zones in which the tracts are located – first option is to allow for a mix of clustered lots and farmettes (10-acres or more), and the second option is to allow for a combination of clustered residential lots and an equine center.
In order to determine the maximum number of lots for a subdivision regardless of whether it is a mandatory cluster, conventional subdivision or an equine community, and regulate area and yards of subdivided lots, the area and yard requirements for the AR and RA-5 districts (Section 35-405 D) are recommended to be changed in the following manner:
Description AR District RA-5 District
Minimum Lot Area 6 acres 10 acres
Minimum Lot Frontage 300 feet 500 feet
Minimum Lot Width 300 feet 500 feet
Minimum Front Yard 75 feet 75 feet
Minimum Side Yard 50 feet 50 feet
Minimum Rear Yard 75 feet 75 feet
Additional provisions should be created to regulate number, size, bulk, area, yard and coverage requirements for the components of the equine facility in an equine community. Such provisions should be developed when preparing the land use regulations that implement this land use plan.
In the strictest sense, the mandatory cluster of a 20-acre tract of land would yield three (3) lots under the AR zone and two (2) lots under the RA-5 zone and preserve 17 acres of land for farmland and/or open space in the AR zone and 18 acres of land for farmland an/or open space in the RA-5 zone. The preservation of lands 17 acres or more in size is meaningful in terms of farming such acreage of land and setting aside lands for open space purposes to preserve rural character. Furthermore, it reduces large-lot sprawl by consuming less of the rural landscape therefore preserving more of the rural character of Upper Freehold Township.
Density transfer to noncontiguous parcels:
When noncontiguous parcel clustering is contemplated, bonus densities, which reflect the degree to which public benefits are accrued and master plan goals and objectives are achieved, should be provided as economic incentives. Such bonus densities should assigned to sending and receiving parcels in the following manner:
Public Benefit Density Bonus
Agricultural Cluster
Preserving farmland and open Return to original zoning
space totaling at least 100 acres density (1 Dwelling Unit/
of which each preserved parcel 3 Acres for AR zone, and
contains at least 20 acres and 1 Dwelling Unit/5 Acres for
sending the development potential RA-5 zone)
of the preserved parcels to a
receiving parcel containing at
least 100 acres on which at least
50 dwelling units will be developed
Special Equine Community
Preserving Lots 2, 4 and 24.01 Return to original zoning
in Block 22 (totaling about 348 density (1 Dwelling Unit/
acres) that contain a unique and 3 Acres for AR zone)
important equine facility and
sending their development potential
to Lot 42 in Block 27 (totaling
about 186 acres)
Under the agricultural cluster, the public benefit derived from transferring density from farmland and open space to receiving parcels is the permanent preservation of the sending farmland and open space parcels. The total amount of preserved lands should is be at least 100 acres of which no preserved parcel contains less than 20 acres. The maximum number of lots that are developed on the receiving parcel should be based on schematic test plans prepared for all parcels (sending and receiving) in accordance with the original zoning for each respective parcel (3-acre zoning for AR zone and 5-acre zoning for RA-5 zone). The receiving parcels, which contain at least 100 acres and have at least 50 dwelling units developed on them, must be located in the AR zone.
The public benefit derived from the Special Equine Community is the preservation of a unique and important equine facility known as the White Birch Farm (Block 22, Lots 2, 4 and 24.01). The receiving parcel for this community is Lot 42 in Block 27 located across County Route 526 south of the farm. The densities for the sending and receiving parcels would return to the original 3-acre AR zoning. Of course, if Block 27, Lot 42 was unavailable, an agricultural cluster could be utilized with White Birch Farm being the sending parcel.
To that end, the original area and yard requirements for the AR (3-acre lots) and RA-5 (5-acre lots) districts (Section 35-405D) should be retained with the provision that they only apply to an agricultural cluster or special equine community when determining the maximum number of lots for such cluster type subdivisions.
Receiving parcel criteria:
Receiving parcels for the agricultural cluster and the special equine community should meet the following criteria:
c. The parcel area should contain at least 100 acres on which at least fifty (50) dwelling units on one-acre lots with individual septic systems and wells are developed.
d. Clustered lots for dwelling units (detached single-family dwellings) should comply with “The ‘Farmland/Open Space Cluster’ Design” provisions set forth in Section 35-611 D of the Land Use Volume, Chapter XXXV, Land Use Regulations of the Revised General Ordinances of the Township of Upper Freehold Township, County of Monmouth, State of New Jersey.
e. At least five percent (5%) of the receiving parcel is set aside for open space that is developed with active recreation, e.g., tennis courts, basketball courts, playground, multipurpose field (soccer, baseball, etc.), and other facilities.
f. The maximum gross density of the receiving parcel should be one (1) dwelling unit per acre.
g. Receiving parcels should have road frontage along major roads such as county highways, arterial roads or collector roads or located at crossroads of such major roads. For receiving parcels that do not have frontage along such roads or highways, such parcels should provide new roads and/or road extensions with or without off-tract improvements as required to provide safe and adequate access to and from the receiving parcels and to accommodate the increase in traffic generated by the development of the receiving parcels.
h. Receiving parcels that front along county highways should be permitted to have commercial uses developed on no more than five percent (5%) of the parcel and limited to the portion of the parcel that abuts the county highway. CC Community Commercial zoning district requirements should regulate the development of such commercial uses.
i. The transfer of development potential to a receiving parcel and the preservation of sending parcels should comply with the provisions regulating planned development and general development plans as set forth in N.J.S.A. 40:55D-45 and 45.1 – 45.8 (Municipal Land Use Law). The Land Use Volume, Chapter XXXV, Land Use Regulations of the Revised General Ordinances of the Township of Upper Freehold Township, County of Monmouth, State of New Jersey should be amended setting forth aforementioned provisions pertaining to planned development and general development plans for agricultural clusters and special equine community development.
j. When land use regulations are created for the AR and RA-5 districts, limitations on the maximum number of dwelling units on a receiving parcel should be developed in terms of the limitation being commensurate with ranges of various parcel sizes and the ability of the road system to carry traffic generated by respective new developments. For example, receiving parcels containing about 300 acres should be limited to no more than 250 dwelling units. It may be prudent to place a cap on the maximum number of dwelling units in a development, say 400 units. This aspect must be researched further at the time of regulation development.
Preservation of Sending Parcel Criteria:
Sending parcels must be permanently preserved as “open space” meaning as farmland or recreational land or environmental preserve. The rights to developing the sending parcel must be retired by way of transferring them to the sending parcel, and deed restricting the sending parcel as open space (farmland, recreational land or environmental preserve). The general criteria for preserving a sending parcel are provided below.
k. The minimum lot area of preserved parcel should be twenty (20) acres exclusive of any dwelling units or non-agricultural structures. Such a requirement will ensure that the preserved parcel is sufficient size for efficient use of the land for agricultural purposes as evidenced by the type of farming in Upper Freehold Township, i.e., field crops, hay and straw production, horse farms and similar types of agriculture.
l. The aggregate total of parcels to be preserved as part of an agricultural cluster should be at least 100 acres.
m. The parcel to be preserved should be adjacent to or abut existing preserved land or land targeted for preservation by state, county or municipal farmland and/or open space preservation programs; however, it should be recognized that in some cases a lone parcel should be preserved to initiate a core preservation area when none exists at the time of preserving the contemplated parcel of land.
n. The owner of the parcel proposed for preservation must deed restrict, in perpetuity, the land from further development and may retain ownership of the land holding only the farming or open space rights of the land. The preserved land may be resold for the express use of only farming or open space purposes. The preserved land may also be deeded to Upper Freehold Township for open space purposes.
o. Homesteading on the preserved parcel of land should be permitted when the landowner of the sending parcel retains the corresponding development right(s) for the homestead(s). In other words, one (1) development right for a single-family dwelling on a one-acre lot that would have been transferred must be retained to create one (1) homestead on the land that is to be preserved. The following homesteading requirements are recommended:
A homestead lot must comply with the one-acre clustering requirements for the minimum size of a residential lot. The clustering requirements set forth in Township ordinance for the AR zone (“The ‘Farmland/Open Space Cluster’ Design” provisions set forth in Section 35-611 D of the Land Use Volume, Chapter XXXV, Land Use Regulations of the Revised General Ordinances of the Township of Upper Freehold Township, County of Monmouth, State of New Jersey) currently in effect at the time of writing this new land use plan element is a good guide for the requirements that should be used to establish minimum one-acre lot requirements. A maximum of five (5) acres should be established for a homestead lot area in order to minimize residential development and maximize the farmland or open space value.
Up to three (3) additional homesteads may be permitted on a preserved parcel.
Each additional homestead lot may be permitted on each additional twenty (20) acres of preserved land as illustrated below.
Homestead Required Acres
Initial 20
Additional one 20 more
Another additional one 20 more
Another additional one 20 more
Total 4 80
Under the foregoing example, a total of four (4) homesteads would be permitted when a total of 80 acres of land is preserved. Lands preserved in excess of 80 acres would still be permitted to provide for a total of four (4) homesteads, no more. Further, a total of four (4) development rights would have to be retained for the four (4) homesteads under this example.
PEC Parks, Education and Conservation
The PEC Parks, Education and Conservation land use districts were created to protect environmentally sensitive lands, i.e., Assunpink Watershed, Monmouth County parkland and conservation lands, and conserve open space, agricultural lands, public parks, schools and other important environmental areas, i.e., stream corridors, 100-year flood plains and wildlife habitat. The 1994-1995 Land Use Plan Element recommended the creation of conservation easements to protect environmentally sensitive and important areas in the municipality (Master Plan, Land Use Plan Element 1994-1995, 13).
Section 35-410 A of the Land Use Volume, Chapter XXXV, Land Use Regulations of the Revised General Ordinances of the Township of Upper Freehold Township, County of Monmouth, State of New Jersey sets forth the permitted principal uses in the PEC district. Such permitted principal uses include detached single-family dwellings developed in accordance with the AR Agricultural Residential district; farms in accordance with the AR district; conservation areas, open space public parks, public playgrounds and public purpose uses; and schools.
The following recommendation is made for the PEC district:
Detached single-family residential development should comply with the new recommendations for the AR district discussed above with the exception that, under noncontiguous clustering, all parcels in the PEC district send development potential to AR receiving parcels and no parcels in the PEC district receive development potential from other AR sending parcels for agricultural clustering. AR mandatory clusters, conventional subdivisions and cluster/farmette options should apply to the PEC district.
VN Village Neighborhood
The VN Village Neighborhood land use districts were established in recognition of “the existence of distinct and identifiable village neighborhoods of Imlaystown and Hornerstown as well as the extension of Allentown along Route 524 in the vicinity of Doctors Creek. The ‘VN’ District concept reflects the ‘Hamlet’ center concept of the adopted ‘New Jersey State Development and Redevelopment Plan” (Master Plan, Land Use Plan Element 1994-1995, 10).
The 1994-1995 Land Use Plan Element contemplated a variety of residential and non-residential land uses to be developed in the VN districts including single-family detached dwellings, churches and other quasi-public uses, parks and playgrounds, professional offices and limited commercial uses. Residential flats located above professional offices and commercial uses were also recommended in the earlier master plan documents. The recommended minimum lot size for single-family detached dwellings was one-quarter acre or 10,890 square feet. The minimum lot for the recommended non-residential uses was one-half acre or 21,780 square feet. These recommendations of the earlier master plan remain valid and are instilled in this new land use plan element.
No changes to the residential aspects of the VN district are recommended. Notwithstanding, several changes to the areas of the community zoned VN are recommended; these changes are discussed in the Non-Residential Land Use Districts section of the Land Use Plan.
Non-Residential Land Use Districts
The strategy for maintaining the rural character of Upper Freehold while improving and expanding the ratable base to better serve the community and surrounding communities and creating more local job and business opportunities is provided in the following subsections of the Non-Residential Land Use Districts section. Furthermore, the Land Use Plan recognizes agriculture as the primary economic base in Upper Freehold Township and therefore intends to protect and expand agricultural businesses. Since the equine industry is an important part of the local economy, it represents various economic development opportunities that are discussed below.
VN Village Neighborhood
The need to ensure that all non-residential uses proposed in the VN districts complement the prevailing residential character of the neighborhood and reflect the scale and design of the existing buildings within the neighborhood, as expressed in the 1994-1995 Land Use Plan Element, remains valid today. The 1994-1995 master plan recommendations to limit non-residential buildings to 5,000 square feet in area for purpose of maintaining a harmonious village setting and require buildings to have a gable, hip, gambrel or mansard roof and avoid flat roofs are carried forward in this new land use plan element.
The previous master plans recommended the lands within and adjacent to the VN districts “be permitted to utilize non-individual (community) septic systems as may be approved by the Board of Health” given the relatively small lots in the VN districts (ibid). Given the fact that the need for utilizing non-individual septic systems in the VN districts still remains today, the previous master plan recommendation is carried forward in this new land use plan element.
The following new recommendations are made for the VN district:
Expand the Hornerstown VN district to include Lots 8 through 14.01 in Block 56 in vicinity of Main Street and along CR 537. This recommendation reduces the amount of lands in the AR Agricultural Residential district by about 29 acres and encourages the further development of the Hornerstown “hamlet” area (see Land Use Map).
Additional permitted principal uses for the expansion and diversification of economic activity in the VN district:
Retail sale of convenience goods, groceries and foodstuffs – Recommended to provide more convenience retail for residents of the VN district and nearby residential development.
Banks and financial institutions, excluding drive-through facilities – Recommend to provide more convenience services for residents of the VN district and nearby residential development.
Personal health, dance, gym and wellness facilities – Recommended to provide more convenience services for residents of the VN district and nearby residential development.
Expand permitted principal uses in the VN district for greater economic diversification and expansion in the municipality:
Expand permitted personal services to include repair of appliances and electronic goods, travel agencies, hair salons, video rental establishments – excluding adult book- and video-stores – Recommended to expand convenience services for residents of the VN district and nearby residential development.
Expand professional offices to include realtors – Recommended to provide more convenience for residents of the greater municipality.
Additional conditional uses for the expansion and diversification of economic activity for when certain conditions arise in the VN district:
Restaurants and cafes excluding fast-food and drive-through facilities – Recommended to provide enhanced services for residents of the VN district and the greater municipality when non-individual septic systems are provided to treat effluent from the restaurants and cafes and sufficient off-street parking can be provided. Sufficient screening and buffering should be provided around the parking areas, and parking must be located only in the side and rear yards. All other provisions that regulate non-residential development in the VN district should be complied with. Additional conditions should be explored, when the zoning provisions are developed, to ensure restaurants and cafes fit into the VN district.
Bakeries and other food-preparation establishments open for retail trade with products sold directly from the premises to the public – Recommended to provide the same enhanced services as restaurants and cafes under the same conditions for restaurants and cafes vis-‡-vis sewage treatment, off-street parking location, and screening and buffering. All other provisions that regulate non-residential development in the VN district should be complied with. Additional conditions should be explored, when the zoning provisions are developed, to ensure bakeries and retail food-preparation establishments fit into the VN district.
Healthcare and medical offices – Recommended to provide the same enhanced services as the two foregoing types of uses under the same conditions for said foregoing uses. All other provisions that regulate non-residential development in the VN district should be complied with. Additional conditions should be explored, when the zoning provisions are developed, to ensure healthcare and medical offices fit into the VN district.
Banquet halls – Recommended to provide an expansion and diversification of economic activity in the municipality provided the facility is served by a non-individual septic system and has adequate off-street parking in the side and rear yards with sufficient screening and buffering. The minimum lot size should be two (2) acres, and the maximum floor area ratio should be 0.25. All other provisions that regulate non-residential development in the VN district should be complied with. Additional conditions should be explored, when the zoning provisions are developed, to ensure banquet halls fit into the VN district.
Bed-and-breakfast (B&B) establishments – Recommended to provide an expansion and diversification of economic activity in the municipality provided that an individual onsite septic system can accommodate the establishment, otherwise the facility must be served by a non-individual septic system. Adequate off-street parking in only the side and rear yard must be provided. Sufficient screening and buffering should be provided. All other provisions that regulate non-residential development in the VN district should be complied with. Additional conditions should be explored, when the zoning provisions are developed, to ensure B&B establishments fit into the VN district.
CC Community Commercial
The 1994-1995 Land Use Plan Element recommended three (3) CC Community Commercial districts to “serve the everyday retail commercial and service needs of the residents within Upper Freehold Township” (11). The three CC district locations are (1) the Cream Ridge portion of the township at the intersection of CR 539 and Burlington Path, (2) north of Interstate 195 at the intersection of Imlaystown-Hightstown Road and CR 524 (also known as Cox’s Corner), and (3) the area adjacent to Allentown Borough along CR 524, New Road and Old York Road.
The principal uses recommended by the 1994-1995 master plan document included retail sales of goods and services, professional, business and medical offices, restaurants, delicatessens, banks, small animal clinics and child care centers. Residential flats located above permitted commercial uses were recommended. The minimum lot size for an individual use was recommended to be one (1) acre, and the maximum floor area ratio was proposed to be 0.20. These recommendations remain valid today and are carried forward in this new land use plan element.
Small-scale shopping “complexes” consisting of a mix of permitted uses were recommended by the 1994-1995 Land Use Plan Element. The minimum lot size for a shopping complex was recommended to be six (6) acres with a maximum floor area ratio of 0.25. This new land use plan element carries forward these recommendations because they remain valid today.
The 1994-1995 master plan document recommended the design and scale of the development in the CC district be compatible with surrounding residential areas and all commercial buildings have “a gable, hip, gambrel, mansard or other dual pitched, single ridge roof and be suitably finished for aesthetic purposes” (ibid.) Since they remain valid today, these recommendations are instilled in this new land use plan element.
The following new recommendations are made for the CC district:
1. Create five (5) new CC districts in the following locations (see Land Use Map):
Western side of CR 539 at its intersection with Walnford Road including Lot 4 in Block 42 south of Walnford Road and Lots 1.01, 2 25.01 and 25.02 north of Walnford Road. This recommendation reduces the amount of lands in the AR Agricultural Residential district by about 44.5 acres to capitalize on an important intersection along a heavily traveled county highway creating a commercial node.
Northwestern corner of the intersection of CR 539 Pouhemustown Road including Lots 1.01, 1.02, 1.03 and 1.04 in Block 42. This recommendation reduces the amount of lands in the AR district by about 18 acres to capitalize on an important intersection along a heavily traveled county highway creating a commercial node.
Eastern side of CR 539 in vicinity of Hornerstown VN district including Lot 19 in Block 35. This recommendation reduces the amount of lands in the AR district by about 26 acres to capitalize on important section along a heavily traveled county highway creating a commercial node.
Northwestern corner of the intersection of CR 526 and Sharon Station Road including Lot 2 in Block 23. This recommendation reduces the amount of lands in the AR district by about 13.4 acres to capitalize on an important intersection along a heavily traveled county highway creating a commercial node.
Southwestern corner of the intersection of CR 526 and Sharon Station Road including the northern portion of Lot 18 in Block 24. The unnamed stream that flows through the central portion of Lot 18 should form the zone district boundary between the new CC district and the existing AR district. This recommendation reduces the amount of lands in the AR district by about 9 acres to capitalize on an important intersection along a heavily traveled county highway creating a commercial node that will complement the recommended CC district north of CR 526.
2. Expand the CC district in the following locations (see Land Use Map):
Northwestern corner of CR 539 and Burlington Path including all of Lots 2, 2.01, 2.02, 2.04 and 3 in Block 39. The current CC district extends only 390 feet back from CR 539 bifurcating all of the recommended lots except Lot 2.04. . This recommendation reduces the amount of lands in the AR district by about 41.5 acres to capitalize on an important intersection along a heavily traveled county highway further enhancing a commercial node and eliminating lots with “split” zones.
Southeastern corner of CR 539 and Burlington Path including Lots 8.03, 3.04 and 8.05 in Block 37. The current CC district includes only Lot 8.08 that contains about 2.97 acres. This recommendation reduces the amount of lands in the AR district by about 28.2 acres to capitalize on an important intersection along a heavily traveled county highway further enhancing a commercial node.
3. Expand permitted principal uses in the CC district for greater economic diversification and expansion in the municipality
Personal health, dance, gym and wellness facilities.
Expand permitted personal services to include repair of appliances and electronic goods, travel agencies, hair salons, video rental establishments – excluding adult book- and video-stores.
Expand professional offices to include realtors.
4. Additional conditional uses for the expansion and diversification of economic activity for when certain conditions arise in the CC district:
Banquet halls – Recommended to provide an expansion and diversification of economic activity in the municipality provided the facility has adequate off-street parking in the side and rear yards with sufficient screening and buffering – buffering should be at least 50 feet wide along all yards. The minimum lot size should be five (5) acres. The maximum floor area ratio should be 0.20, and the maximum amount of impervious cover of the site should be 40 percent. All other provisions that regulate non-residential development in the CC district should be complied with. Additional conditions should be explored, when the zoning provisions are developed, to ensure banquet halls fit into the CC district.
Indoor recreational facilities and indoor aquatic facilities – Recommended to provide an expansion and diversification of economic activity and a greater degree of services to the community at large provided the facility has adequate off-street parking in the side and rear yards with sufficient screening and buffering – buffers should be at least 50 feet wide along all yards. The minimum lot size should be five (5) acres. The maximum floor area ratio should be 0.20, and the maximum amount of impervious cover of the site should be 40 percent. The maximum building height should be 35 feet. All other provisions that regulate non-residential development in the CC district should be complied with. Additional conditions should be explored, when the zoning provisions are developed, to ensure indoor recreational facilities and indoor aquatic facilities fit into the CC district.
Assisted living facilities – Recommended to provide an expansion and diversification of economic activity and a greater degree of services, including housing options, to the community at large provided the facility has adequate off-street parking in the side and rear yards with sufficient screening and buffering – buffers should be at least 50 feet wide along all yards. The minimum lot size should be five (5) acres. The maximum floor area ratio should be 0.25, and the maximum amount of impervious cover of the site should be 35-percent. The maximum building height should be 40 feet, and the building should be limited to three (3) stories high. All other provisions that regulate non-residential development in the CC district should be complied with. When the zoning provisions are developed, additional conditions should be explored to ensure assisted facilities fit into the CC district. Particular attention must be given to parking requirements for residents and staff members of the facility, trash enclosure and location of it, the provision of pedestrian level lighting, onsite recreational requirements for residents of the facility and onsite septic system requirements.
HD Highway Development
In the 1994-1995 Land Use Plan Element two (2) HD Highway Development areas were designated “to provide locations within Upper Freehold Township for the development of non-residential uses which depend upon their location along a highway; visible to the traveling public and readily accessible to a relative large geographic area” (ibid). The first HD district was centrally located on CR 537 between the Hornerstown “hamlet” area and Emleys Hill Road. The other HD district was located in the northern portion of the Township along 539 between Allentown Borough and Interchange 8 of I-195.
The 1994-1995 master plan document recommended the permitted principal uses in the CC district, including residential flats over commercial development, be permitted in HD district. It also expanded the permitted principal uses in the HD district by including small animal hospitals, funeral homes, automobile sales, garden centers, lumber yards and supply centers, research laboratories, assembly and distribution centers, and warehousing. For non-residential development in the HD district the minimum lot area size was recommended to be one (1) acre and have a maximum floor area ratio of 0.20.
The following new recommendations are made for the HD district:
1. Remove the parcels of land (Lot 22.01 in Block 23) that were permanently preserved as farmland from the HD district located at the southwestern corner of CR 539 and I-195 and re-designate them AR Agricultural Residential (see Land Use Map). This recommendation reflects more accurately the development potential of this HD district by reducing it about 85.4 acres.
2. Expand the HD district in the following locations (see Land Use Map):
North of I-195 and in the vicinity of the intersection of CR 524 and CR 539 including Lot 22 in Block 23.01 south of CR 524 and Block 12, Lots 8, 8.01, 8.02, 8.03, 8.04 and 8.05 north of CR 524. This recommendation reduces the amount of lands in the AR district by about 60 acres to capitalize on an important intersection along a heavily traveled county highway creating a commercial node.
North of CR 537 in a southwesterly direction extending from the recommended expansion of the Hornerstown VN district to Millstream Road including Lots 15, 15.01, 15.02, 15.03, 15.04, 15.05, 15.06 15.07, 16 and 16.01 in Block 56. This recommendation reduces the amount of lands in the AR district by about 85 acres to capitalize on an important section of a heavily traveled county highway creating a commercial node.
3. Expand the permitted principal uses in the HD district by including the additional permitted principal uses recommended for the CC district discussed above.
4. Additional conditional uses for the expansion and diversification of economic activity for when certain conditions arise in the HD district:
Expand the conditional uses in the HD district by including the additional conditional uses recommended for the CC district discussed above.
Large animal hospitals – Recommended to provide an expansion and diversification of economic activity in the municipality and further enhance the agricultural industry in the Township provided the facility is located on a parcel of land that contains at least 10 acres, has adequate off-street parking in the side and rear yards with sufficient screening and buffering – buffering for parking should be at least 50 feet wide along all yards that abut a residential use or zone. The maximum floor area ratio should be 0.20, and the maximum amount of impervious cover of the site should be 30 percent. All other provisions that regulate non-residential development in the HD district should be complied with. Additional conditions should be explored, when the zoning provisions are developed, to ensure large animal hospitals fit into the HD district.
ROM Research, Office and Manufacturing
The 1994-1995 Land Use Plan Element recommended one (1) location for the ROM Research, Office and Manufacturing district north of I-195 and south of CR 524 in the vicinity of Interchange 11 of the interstate highway (ibid. 12). The principal uses permitted in the ROM district included “a wide spectrum of low-profile and non-nuisance research laboratories, hotels and motels, office and limited manufacturing activities as well as farms” (ibid). These permitted uses are carried forward in this new land use plan element.
The 1994-1995 master plan document raised a concern about ensuring development of the ROM district is compatible with “its rural residential surrounding” (ibid). This concern still holds true today and is instilled into this new master plan document.
The earlier land use plan element recommended encouraging site design flexibility through incentives for the development of ROM “Parks” on tracts of land having at least 50 acres in area. One such incentive is to permit lots created in an ROM Park to have a three (3)-acre minimum lot size while lots not created in an ROM Park should have a five (5)-acre minimum lot size. Regardless of the minimum lot size, all lots created in the ROM district should have a floor area ratio of 0.175. These recommendations are incorporated into this new land use plan element.
The following new recommendations are made for the ROM district:
1. Revisit the landscape buffer requirements adopted in Chapter 35 (Land Use Volume, Chapter XXXV, Land Use Regulations of the Revised General Ordinances of the Township of Upper Freehold Township, County of Monmouth, State of New Jersey) to determine whether said requirements need refinement as they relate solely to the ROM district.
2. Create an overlay zone for ROM Park Planned Development in the ROM district – Recommended to provide an expansion and diversification of economic activity in the municipality and complement the nearby New Jersey State-owned “Horse Park” that promotes the equine sector of the state’s economy by holding high-level competition of equine events. The purpose of creating the ROM Park Planned Development is to permit more intensive development in this area of the municipality while ensuring that such development is compatible with the surrounding rural landscape.
The ROM Park Planned Development overlay zone should be developed in the following manner:
a. Fifty (50)-acre tract minimum – In order for the ROM Park Planned Development option to be effectuated, the minimum tract size should be fifty (50) acres, thus allowing for comprehensive planning and development to occur.
b. Required is a non-individual sewage treatment facility serving the entire ROM Park Planned Development and providing reuse of water discharge from the treatment facility to irrigate landscaped areas and buffers and supply water features in the landscape. If possible, this treatment facility should serve the nearby “hamlet” area of Imlaystown to alleviate Imlaystown of its septic system problems.
c. Required is a non-individual potable water supply system serving the entire ROM Planned Park Development and, if possible, the nearby “hamlet” area of Imlaystown.
d. Permitted principal uses and corresponding requirements:
Hotels having at least 80 rooms with at least one restaurant and at least one conference room that has the capacity of holding 300 persons or more. Such hotels should be located on individual sites containing at least five (5) acres. They should be permitted to have no more than four stories constructed to a height of no more than fifty (50) feet. The maximum floor area ratio should not exceed 0.35, and the maximum impervious coverage of the hotel site should not exceed 45 percent (%) of the hotel site. Additional yard, area and bulk requirements should be developed for hotel sites when respective zoning regulations are developed.
Shopping centers on sites that have at least five (5) acres and contain a mix of principal and accessory uses as permitted in the HD district. In general, the area, yard and bulk requirements should be applied to ROM Park Planned Development; however, more restrictive requirements should be examined to ensure that the shopping centers are compatible with the surrounding rural areas. Water features as required for hotels should be provided for shopping centers and should be encouraged to be designed to interconnect and be located across property lines as is possible and practical.
Restaurants on individual sites containing at least three (3) acres. In general, the area, yard and bulk requirements of the HD district should be applied to ROM Park Planned Development; however, more restrictive requirements should be examined to ensure that the restaurants are compatible with the surrounding rural areas. . Water features as required for hotels should be provided for restaurants and should be encouraged to be designed to interconnect and be located across property lines as is possible and practical
Offices on individual sites containing at least three (3) acres. In general, the area, yard and bulk requirements of the non-overlay zone ROM district should be applied to ROM Park Planned Development; however, more restrictive requirements should be examined to ensure that the offices are compatible with the surrounding rural areas. Water features as required for hotels should be provided for offices and should be encouraged to be designed to interconnect and be located across property lines as is possible and practical.
e. Landscape screening and buffering requirements should be developed specifically for ROM Park Planned Developments. Sufficient screening and buffering should be at least fifty (50) feet wide along all yards.
f. Required landscaping features, e.g., aesthetic ponds, outdoor courtyards, etc. should be provided for ROM Park Planned Development.
g. Adequate off-street parking should be provided for all permitted uses in ROM Park Planned Development.
GI General Industrial
The 1994-1995 Land Use Plan Element recommended only one (1) GI General Industrial district that was located along the southern side of CR 526 and the eastern side of Sharon Station Road (ibid. 12). This area was designated GI in recognition of “the concentration of existing industrial and commercial uses” (ibid).
The permitted principal uses in the GI district include “limited manufacturing, warehousing, shipping and receiving, limited excavation [Note: Chapter 35 Land Development Regulations of the Township of Upper Freehold Code does not provide a definition for “limited excavation”.], and agricultural support uses such as feed supply stores, graineries [sic] and brokerages” (ibid. 13). Chapter 35-203 of the Land Development Ordinance defines “limited manufacturing” as “any activity involving the fabrication, reshaping, reworking, assembly or combining of products, parts and/or materials which”:
Does not involve the union of chemicals, compounds or elements to produce a new compound or substance on-site for direct industrial sales.
Does not involve the union of chemicals, compounds or elements on-site for use during fabrication, reshaping, reworking, assembly, or combining of the products, parts and/or materials except that the incidental application of chemicals or chemical products brought to the site is permitted pursuant to paragraph “c.” of this definition hereinbelow [sic].
May involve the incidental application of chemicals, compounds or elements of chemical products during the fabrication, reshaping, reworking, assembly or combining of the products, parts and/or materials, including, but not limited to painting, gluing and cleaning.
Stores and contains any and all products, parts and/or materials utilized during the fabrication, reshaping, reworking, assembly or combining of the products, parts and/or materials within completely enclosed buildings; and
May involve the ancillary storage and warehousing of the items fabricated, reshaped, reworked, assembled or combined during the “Limited Manufacturing” activity.
The recommended requirements for minimum lot size and maximum floor area ratio are three (3) acres and 0.20, respectively. Furthermore, the 1994-1995 master plan document recommended “grandfathering” existing single-family homes in the GI district. These recommendations are carried forward to the new land use plan element.
The following new recommendations are made for the GI district:
1. Expand the GI district in the following location (see Land Use Map):
South of I-195 and in the vicinity of the intersection of CR 526 and Sharon Station Road east of Sharon Station Road including Lots 5, 5.01, 6, 7, 8, 9, 10, 11, 11.01 and 11.02 in Block 22. This recommendation reduces the amount of lands in the AR district by about 128.9 acres to capitalize on the existing industrial node located to the south and the access to I-195 that CR 526 affords this area. Expanding the GI district in said area will help to further diversify the Township’s local economy. As was recommended by the 1994-1995 master plan document existing single-family homes should be “grandfathered.”
2. Revisit the landscape buffer requirements adopted in Chapter 35 (Land Use Volume, Chapter XXXV, Land Use Regulations of the Revised General Ordinances of the Township of Upper Freehold Township, County of Monmouth, State of New Jersey) to determine whether said requirements need refinement as they relate solely to the GI district.
3. Provide a definition of “limited excavation” in Chapter 35. Such a definition should prohibit soil, sand and gravel mining and permit the disturbance and removal of soil incidental to the development of a property.
Summary of Changes to VN, CC, HD, ROM and GI Zoning Districts
The recommended changes to the VN, CC, ROM and GI zoning districts are summarized below.
Summary of Changes to VN, CC, HD, ROM and GI Zoning Districts
by Area in Acres
Zoning District Increase Reduce Net Change
VN 29.1 0.0 + 29.1
CC 180.6 0.0 +180.6
HD 145.0 85.4 + 59.6
GI 122.9 0.0 +122.9
The VN district will have a net increase of about 29.1 acres in the Hornerstown area along CR 537. This change will result in a reduction of AR zoned lands in an equal amount.
The CC district will have a net increase of about 180.6 acres with a corresponding net decrease of lands zoned AR. The CC district changes are recommended for several locations in the Township.
A net increase of 59.6 acres for lands zoned HD will result from the recommended changes. Although 85.4 acres are recommended to be removed from the HD and placed in the AR zone, this change will not result in the increase of potential for more housing production because said lands recommended for removal are permanently preserved for farmland. In effect, the Township will actually experience an increase of about 145 acres of lands zoned HD.
Lands zoned GI will be increased by about 122.9 acres, thus reducing the amount of lands zoned AR by an equal amount and the potential for new home production.
Optional Development Alternative for Development in the AR Agricultural Residential District – Educational/Commercial/Planned Residential Development
The 1994-1995 Master Plan recommended creating an overlay zone in the AR zoning district that is located in the northwestern corner of Upper Freehold Township adjacent to Allentown Borough in Monmouth County and Hamilton Township and Washington Township both in Mercer County. The previously recommended overlay zone was for Commerce Park Planned Development, which may consist of light industrial uses such as warehousing and logistics based operations as well as research laboratories, limited manufacturing, corporate complexes and similar facilities. An application was made for a general development plan for a warehouse and distribution type complex covering about 200 acres. Although the application was withdrawn, the members of the public from Upper Freehold Township and Allentown Borough voiced a negative response toward the application requesting the Planning Board deny it. In essence, the public felt that such a warehousing/distribution complex was incompatible with the surrounding residential neighborhoods and historic nature of Allentown and unsuitable for the site because development of the application required the extension of major roads into neighboring Washington Township and the potential for heavy truck traffic through residential neighborhoods and historic downtown Allentown.
Upon further review and examination of the current overlay zone and given the public input provided during aforementioned deliberation of said development application, the Planning Board concludes that the Commerce Park Planned Development overlay zone is incompatible with the surrounding residential and historic areas and unsuitable for industrial development given the intensity of use and traffic generation that would result from such development. To that end, the Planning Board, through this land use plan element, recommends eliminating the Commerce Park Planned Development overlay zone and replacing it with a new Educational/Commercial/Planned Residential Development overlay zone, which is compatible with surrounding areas and suitable for the site because such a zone would result in less intensive development.
The following recommendations are made for the Educational/Commercial/Planned Residential Development overlay zone in the AR district:
1. Eliminate the Commerce Park Planned Development overlay zone and replace it with a less intensive Educational/Commercial/Planned Residential Development overlay zone (see Land Use Map).
2. The permitted principal uses should include:
Public primary and secondary educational institutions and facilities on sites containing at least 100 acres.
Open space, playgrounds, conservation areas and parks.
CC Community Commercial permitted principal uses in accordance with bulk, area and yard requirements set forth for the CC district.
Planned Residential Development (PRD) on tracts of land containing at least 100 acres pursuant to the following requirements:
·
The PRD must be served by community sewer and water service to permit the maximum overall gross residential development of four (4) dwelling units per acre.·
A mechanism for transferring dwelling units from non-contiguous parcels in the rural areas of the community to the PRD tract should be developed. The transferred units should be clustered on the PRD tract. Such a mechanism should be discussed in the residential section of the land use plan element.·
The single-family residential component should be developed in accordance with residential bulk, area and yards requirements set forth for the VN Village Neighborhood district.·
The affordable housing residential component should be developed as a twenty percent (20%) set-aside of the permitted overall gross residential development in accordance with New Jersey Council on Affordable Housing rules. The affordable housing component should be permitted to comprise:Townhouses developed at a maximum net density of eight (8) dwelling units per acre. The maximum building height should be thirty (30) feet and two stories. Specific bulk, area and yard requirements must be developed for subsequent land use regulations.
Flats developed at a maximum net density of twelve (12) dwelling units per acre. The maximum building height should be thirty-five (35) feet and three stories.
Flats developed over the second floor of commercial development that complies with the non-residential requirements set forth in the VN district.
No more than twenty-five percent (25%) of all affordable housing should be age-restricted.
·
Assisted living facilities that consist of no more than five percent (5%) of the total tract area may be provided. The minimum area of the site for assisted living facilities should be five (5) acres.·
Commercial development should be provided so that it consists of at least five percent (5%) of the total tract area and complies with the bulk, area and yard requirements set forth in the VN district.·
A fifty (50)-foot wide landscaped buffer should be provided around the perimeter of the PRD tract. Specific buffer requirements should be prepared for subsequent land use regulations.·
At least ten percent (10%) of the PRD tract, in addition to the required buffer around the perimeter of the tract, should be set aside for active recreational purposes.·
Architectural design standards, which reflect the local vernacular of Upper Freehold Township and neighboring Allentown Borough, should be developed for the PRD.·
Specific design standards for public spaces, roadways, walkways, landscaping and other site elements should be developed.·
Breza Road should be improved connecting it to Yardville-Allentown Road.·
Pedestrian and bicycle linkage via trails and paths to Allentown Borough and adjacent parks and roads and school sites should be provided.3. Conditional uses should include:
Stand alone hotel/conference center with restaurant on a site that contains at least twenty (20) acres and is located no closer than 500 feet from the property line of a public elementary and/or secondary educational institution or facility. The maximum building height permitted should not exceed three stories and 35 feet. Bulk, area and yard requirements and landscape buffers specific to hotel/conference centers should be developed.
Stand alone assisted living facilities on a site that contains at least ten (10) acres. The maximum building height permitted should not exceed three stories and 35 feet. Bulk, area and yard requirements and landscape buffers specific to assisted living facilities should be developed.
Optional Development Alternative for Development in the AR Agricultural Residential District – Horse Park Development
The equine industry is very important to the economy of the State of New Jersey generating over $123 million in annual cash sales in 2002 (Agricultural Smart Growth Plan for New Jersey, November 2003, 4). This industry is equally important to Upper Freehold Township, with many local farmers growing hay, straw and other crops used by the industry, many residents in the Township and neighboring communities owning and riding horses, many “horse farms” breeding and training horses and offering riding facilities, and the development of local equine supporting businesses, e.g., saddle shop and veterinarians. The State of New Jersey purchased lands and developed the state “Horse Park” in northeastern portion of Upper Freehold. The Horse Park holds equine events and competitions of state, national and international significance. In recognition of the importance of the Horse Park and the potential to further diversify the Township’s local economy by leveraging the assets of the Horse Park, it is recommend that a Horse Park Development overlay zone be created for the area specifically surrounding the state facility in the AR district.
The following recommendations are made for the Horse Park Development overlay zone in the AR district:
1. Create a new Horse Park Development overlay zone along sections of CR 524 and Branch Road in the northeastern portion of Upper Freehold Township (see Land Use Map). All aspects of the overlay zone must protect and enhance the rural character of the area and the Township.
2. Permitted principal uses should include:
Equine shows, events and competitions on state-owned lands only.
Recreational vehicles and trailers and horse trailers parking, which is associated solely with equine shows, events and competitions, on state-owned lands only.
Bed-and-breakfast (B&B) establishments – Recommended to provide an expansion and diversification of economic activity in the municipality provided that an individual onsite septic system can accommodate the establishment, otherwise the facility must be served by a non-individual septic system. The minimum lot size for a B&B should be at least five (5) acres; bulk, area and yard requirements should be developed to ensure that the B&Bs fit into the rural character of the area. Adequate off-street parking for automobiles, no trailers, and limited parking for buses in only the side and rear yard must be provided. Sufficient screening and buffering should be provided. All other provisions that regulate non-residential development in the land development regulations should be complied with. Additional requirements should be explored, when the zoning provisions are developed, to ensure B&B establishments fit into the Horse Park Development overlay zone.
Inns with a restaurant – Recommended to provide an expansion and diversification of economic activity in the municipality provided that an individual onsite septic system can accommodate the establishment, otherwise the facility must be served by a non-individual septic system. The minimum lot size for an inn should be at least ten (10) acres; bulk, area and yard requirements should be developed to ensure that the inns fit into the rural character of the area. Adequate off-street parking for automobiles, no trailers, and limited parking for buses in only the side and rear yard must be provided. Sufficient screening and buffering should be provided. All other provisions that regulate non-residential development in the land development regulations should be complied with. Additional requirements should be explored, when the zoning provisions are developed, to ensure inns fit into the Horse Park Development overlay zone.
Veterinarians and saddle and riding supply/service establishments – Recommended to provide an expansion and diversification of economic activity in the municipality. The bulk, area and yard requirements, as well as design elements and standards, should comply with CC Community Commercial district requirements.
3. Pedestrian and bicycling linkages in the form of trails from development in the overlay district area to the state-owned Horse Park should be provided. Trails directly abutting or adjacent to pubic roads should be avoided; such trails should be separated from public roads with landscaping. Design standards for such trails should be developed.
4. Horse riding trails connecting to a network throughout the municipality should be developed. Such a trail system should be incorporated into an overall circulation plan for Upper Freehold Township.
5. Widening and curbing existing roads, i.e., CR 524 and Branch Road, that lead to the Horse Park Development overlay district should be avoided in order to preserve the rural character of the area. Notwithstanding, road improvements should be limited to construction necessary for improving safety to and from the Horse Park Development overlay district.
Closing Comments About Non-Residential Development in Upper Freehold Township
The development of non-residential uses, which provide and/or produce goods and services for local and non-local consumption, generate jobs, consume local and non-local goods and services, and contribute to the local and state tax base, is subject to, like any other form of economic development, the economy and market forces. The aspects of this phenomenon may seem obvious, but it is often forgotten and replaced with the notion that “if you zone it, they will come.” The framers of this land use plan avoid this naivety and are firmly planted in the idea of providing, through planning and zoning, opportunities for non-residential development, which is determined to be desirable and suitable for Upper Freehold Township in appropriate locations, to occur when the economy and market forces are in place and strong enough to generate demand for such development. Municipalities, and those engaged in the master planning and zoning processes do not drive the economy and market forces; they should be cognizant of the direction, trends and forces of the economy and market to capitalize on opportunities for desirable economic development when such opportunities may occur. Furthermore, municipalities, planning boards and others cannot foresee everything evolving in the economy and the market and, therefore, must maintain flexibility in their approach to economic development adapting to changes by evaluating how and whether the changes affect their community and acting on their evaluations.
Another notion that is often raised is achieving “balance” between residential and non-residential development in a municipality. Unless a municipality’s economy is a completely closed system and impervious to outside forces that influence the world, regional and local economies, achieving such a balance is extremely, if not impossible, to accomplish. Economic decisions do not stop at geopolitical borders. Examples of economic interdependence of separate locations, albeit they are somewhat simplified but helpful for illustrative purposes, are a warehouse locating near an interstate highway that provides access to a market that is within a one-day’s drive, an office park locating near a highway that provides access from residential neighborhoods that are within an hour or so commute for its employees, or a resident traveling through three or more communities to shop at supermarket.
There are various degrees of having the ability to understand “balance” between residential and non-residential development. Academics and economists struggle to develop such an understanding and are, at best, able to provide broad forecasts and projections within regions, which may include groupings of counties within a state or even of several states or portions thereof. And such forecasts and projections are in constant flux because the economy and market are constantly changing. A land use plan cannot be a fluid analysis of the economy or market or segments of the market. Because it is written at a specific point in time and usually reexamined every six years, a master plan lags behind the ever-changing economy and market. Notwithstanding, a land use plan should be prepared to provide opportunities for a variety of desirable types of economic development to occur in appropriate locations when demand for such types of economic development arise. The plan must also be prepared to evaluate how that economic development fits into the overall land use scheme for the entire municipality and advances the goals and objectives prepared to guide the development of a municipality. A good example drawn from this land use plan element is the recommendation to eliminate the Commerce Park Development overlay district that was determined to be unsuitable and incompatible with the historic nature and character of neighboring Allentown Borough and the rural residential areas that surround the overlay district. In other words, market demand may be exist for developing a non-residential use, i.e., a warehouse complex, but the development of such a use is determined to be inappropriate for the community.
Over the years a body of work has been developed to further understand the relationship between residential development and commercial development, and this body of work is incomplete and requires continued study. Nevertheless, there are some general analyses that can be performed to develop a sense of that relationship. This land use plan provides a broad analysis for developing a sense of the relationship between residential development and commercial development in Upper Freehold Township. By no means should the analysis be construed to be or used as a definitive forecast or projection. Such endeavors are best left to an econometric forecasting model.
The analysis employed in this land use plan element determines future demand for commercial gross floor area given the results of the buildout analysis that was prepared in 2005. The buildout analysis calculated that under current zoning a total of about 5,171 dwelling units could be built in Upper Freehold Township, which is considered to be the potential maximum number built in the community. This maximum consists of existing dwelling units, approved units approved and either under construction or not yet constructed, and potential units estimated to be built in the future but have not been through the approval process. Data from various sources are available for the years 1999, 2000, 2004 and 2005. Assumptions are made to establish 2005 as the baseline year for which supply and demand factors are held for future buildout.
The analysis begins by determining the median household income for Upper Freehold Township in 2005. Median household income data is available for the Township in 1999 and Monmouth County for 1999 and 2005. The 2005 median household income for Upper Freehold is $82,920 as calculated in the following manner:
Median Household Income
Geopolitical Unit 1999 2005
Monmouth County $64,271 $74,798
Upper Freehold $71,250 $82,920
The next step is to determine the total household income for all dwelling units under the buildout scenario. It is $428,779,320 calculated as follows:
Maximum No. of DUs X Median HH Income/DU = Total HH Income
5,171 DUs X $82,920/DU = $428,770,320
Next, the amount of money available to the local commercial market is determined by the following several steps. First, disposable personal income must be calculated. Since disposable personal income is available only for the State of New Jersey, the statewide number is applied to the total household income for Upper Freehold. About 86% of personal income is rendered disposable. The total disposable income for Upper Freehold is $368,750,215 calculated as follows:
Total HH Income X 86% = Total HH Disposable Income
$428,770,320 X .86 = $368,750,215
The next step is to calculate the total amount of expenditures for mortgage and/or rent and utilities. The finance industry standard is 35% of total household income spent on mortgage (30%) and utilities (5%). Therefore, total expenditure for mortgage/rent and utilities is $150,072,762 calculated as follows:
Total HH Income X 35% = Total Expenditure for Mortgage/Rent & Utilities
$428,770,320 X .35 = $150,072,762
Every local market loses potential sales due to competition in other locales. Such a loss is known as “leakage”. If no leakage were to occur, the Upper Freehold commercial market would have about $218,677,453 available calculated as follows:
Total HH Disposable Income $368,750,215
Less Total Expenditures (150,072,762)
Total Income Available $218,677,453
With the amount total income available for the Upper Freehold commercial market known, the demand for commercial space can be calculated. The category of neighborhood shopping center is used in this analysis because the gross leasable floor area for this type of center ranges in size from 30,000 to 100,000 square feet, this type’s size is compatible with the rural character of the community and neighborhood centers typically provide for sale convenience goods, personal services and may include a supermarket. The median center sales is $373.87 per square foot of gross leasable area. Given the total income available is $218,677,453, the demand for commercial space is 584,902 square feet calculated as follows:
Total Income Available ˜ Median Center Sales/GLA = GLA
$218,677,453 ˜ $373.87/GLA = 584,902 GLA
The buildout analysis estimated that the total yield of commercial space that could be built in the CC Community Commercial and HD Highway Development zoning districts is 4,699,000 square feet gross floor area, which does not consider the properties recommended to be added to the CC and HD zones that cover about 240 acres. If leakage were to occur, the demand would be less. If less dwelling units were built, the demand would be less. However, if the market were to change due to factors in Upper Freehold and outside of the township, demand may increase or decrease. Regardless, the community is planned to have almost 4.7 million square feet of commercial space, which is about eight times more than the estimated demand for 584,902 square feet of gross leasable area of neighborhood shopping center. To that end, Upper Freehold should have sufficient lands zoned for commercial development.
No discussion about non-residential development would be complete without mentioning agriculture. Agriculture is an industrial use of the land that provides unique benefits to a community. It demands little to almost no municipal services of a community and contributes toward making the character of community rural. The greater the presence of agricultural uses relative to non-agricultural uses and development, the more rural a community will most likely be. Notwithstanding these benefits derived from agriculture in a community, agriculture should be treated as a desired end use of the land and, therefore, should be protected from non-agricultural intrusions as best a possible to preserve and strengthen the rural economy. This land use plan element recognizes agriculture as important to Upper Freeholds rural economy.
Since Upper Freehold Township is rural, the community is limited in terms of where and how much non-residential development can occur. Upper Freehold is limited in the amount of land that is accessible to major highways, served by sanitary sewer and water systems, and has not been permanently preserved in locations that are suitable for non-residential development. If too much land were to be developed with non-residential uses, Upper Freehold would lose its rural character. This land use plan element strikes that balance necessary for preserving the rural character of Upper Freehold and encouraging development of the rural landscape.
In moving forward, this land use plan element recommends efforts be made to build and strengthen relationships among the Township’s governing body, planning board and other committees and commissions to coordinate efforts to encourage economic development while preserving the rural character of and agricultural industry in Upper Freehold. All concerned should work together sharing and discussing studies, analyses, observations and ideas about ways to engage in such efforts. Such an approach will allow Upper Freehold Township to be flexible in the event opportunities arise in the face of change.
BIBLIOGRAPHY
Bay Pointe Engineering Associates, Inc. Farmland Preservation Plan, Upper Freehold Township, Monmouth County, NJ. adopted by Upper Freehold Township Planning Board on July 13, 2000.
Bay Pointe Engineering Associates, Inc. Upper Freehold Township Open Space and Recreation Plan. adopted by Upper Freehold Township Planning Board on July 13, 2000
Coppola & Coppola Associates. Master Plan and Development Regulations Periodic Reexamination Report, Township of Upper Freehold. November 2001.
Coppola & Coppola Associates. Master Plan and Development Regulations Periodic Reexamination Report. March 2002.
Coppola & Coppola Associates. Addendum II, Memorandum 6-2003, dated April 22, 2003 Options for Possible Rezoning of “AR” Zoning District. April 22, 2003.
Coppola & Coppola Associates. 2003 Amendments No. 1 to the Land Use Plan Element of the Upper Freehold Township Master Plan. July 2003.
Coppola & Coppola Associates. 2004 Supplement No. 2 to the Upper Freehold Township Master Plan, A Vision Statement. March 2, 2004.
Kinsey, David N., Kinsey & Hand. Noncontiguous Parcel Clustering: A New Technique for Planned Density Transfers. Technical Reference Document #128. Princeton, New Jersey, December 1997.
Moskowitz, Harvey S. and Carl G. Lindbloom. The New Illustrated Book of Development Definitions. New Brunswick, N.J., Center for Urban Policy Research, 1993.
New Jersey, State of. The Fair Housing Act, N.J.S.A. 52:27D-301 et seq.
New Jersey, State of. Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
New Jersey Department of Agriculture. Agricultural Smart Growth Plan for New Jersey. November 2003.
New Jersey Council on Affordable Housing. 1999-2014 Substantive Rules N.J.A.C. 5:94.
New Jersey Council on Affordable Housing. 1999-2014 Procedural Rules N.J.A.C. 5:94.
New Jersey Department of Environmental Protection, Land Use Management, Division of Watershed Management. Proposed Rules & Regulations N.J.A.C. 7:15 access from NJDEP website http://www.state.nj.us/dep/rules/notices/052107a.htm on August 8, 2007.
New Jersey State Planning Commission. New Jersey State Development and Redevelopment Plan. adopted 1992.
New Jersey State Planning Commission. New Jersey State Development and Redevelopment Plan. adopted March 1, 2001.
Remsa, Mark A. and Robert A. Kull. Development Capacity Analysis for Upper Freehold Township, New Jersey. July 2007.
Remsa, Mark A. and Robert A. Kull. Zoning Buildout Analysis, Upper Freehold Township, New Jersey. December 2005.
United States Bureau of the Census. 1970 Census of Population, 1980 Census of Population, 1990 Census of Population, and 2000 Census of Population.
Upper Freehold Township, Township Committee. Land Use Volume, Chapter XXXV, Land Use Regulations of the Revised General Ordinances of the Township of Upper Freehold Township, County of Monmouth, State of New Jersey. 2003 and revised through 2006.
United States Bureau of the Census website. http://factfinder.census.gov/servelet/SAFFFacts?_event accessed August 8, 2007.
Upper Freehold Township, Monmouth County, New Jersey. Land Use Volume, Chapter XXXV, Land Use Regulations of the Revised General Ordinances of the Township of Upper Freehold Township, County of Monmouth, State of New Jersey.
Urban Land Institute. Dollar & Cents of Shopping Centers: 2004. 2004.
APPENDIX A
FIRST QUESTIONNAIRE
PLANNING BOARD
UPPER FREEHOLD TOWNSHIP
MONMOUTH COUNTY, NEW JERSEY
PLANNING ISSUES
QUESTIONNAIRE RESULTS
May 2005
Respondents
Nine respondents submitted their responses to the questionnaire. Of the nine respondents one respondent provided only commentary and no responses to the “yes/no” questions. The results are based on percentages calculated from a total of eight responses.
Rural and Country Atmosphere
List the major characteristics that contribute toward the creation of the rural and country atmosphere of the Township.
Viable agricultural industry with large land base that is uninterrupted – 88%
Less traffic/lack of road improvements – 50%
Scenic country roads and view sheds – 38%
Large stands of woodland for wildlife habitat – 38%
Country-style architecture for housing and businesses – 38%
Notable presence of wildlife – 25%
Water features, wetlands, lakes, ponds and streams – 25%
Minimal environmental impact from development – 25%
Quaint villages and historic houses and sites – 13%
Hedgerows – 13%
Efficient use of land – 13%
Open cultivated fields viewed from public spaces (roads) contribute toward the creation of the Township’s rural and country atmosphere? Yes 100% No 0%
Open cultivated fields viewed from private spaces (residences) contribute toward the creation of the Township’s rural and country atmosphere? Yes 88% No 12%
Open meadows viewed from public spaces (roads) contribute toward the creation of the Township’s rural and country atmosphere? Yes 100% No 0%
Open meadows viewed from private spaces (residences) contribute toward the creation of the Township’s rural and country atmosphere? Yes 88% No 12%
Large blocks of woodlands viewed from public spaces (roads) contribute toward the creation of the Township’s rural and country atmosphere? Yes 100% No 0%
Large blocks of woodlands viewed from private spaces (residences) contribute toward the creation of the Township’s rural and country atmosphere? Yes 88% No 12%
Hedgerows viewed from public spaces (roads) contribute toward the creation of the Township’s rural and country atmosphere? Yes 88% No 12%
Hedgerows viewed from private spaces (residences) contribute toward the creation of the Township’s rural and country atmosphere? Yes 75% No 25%
Open space and farmland that surrounds concentrated development in the form of clustering creates a rural and country atmosphere? Yes 75% No 25%
Open space and farmland that surrounds concentrated development in the form of villages and hamlets creates a rural and country atmosphere? Yes 88% No 12%
Villages and hamlets should be permitted to grow in scale and proportion to a point that is limited by surrounding open space and farmland? Yes 88% No 12%
Two lane roads without curbs contribute toward the creation of the Township’s rural and country atmosphere? Yes 100% No 0%
Streams and vegetated areas along streams contribute toward the creation of the Township’s rural and country atmosphere? Yes 100% No 0%
Sparsely disbursed dwellings and structures separated by open fields, woodlands and farmland contribute toward the creation of the Township’s rural and country atmosphere? Yes 100% No 0%
Preserve farmland to the maximum extent possible and in a manner that is reasonable, achievable and equitable to the farmer
Are there areas of the Township where farmland should be preserved? Yes 88%
No 13% If so, where?
a. Every where/anywhere
b. Higher priority given to lands adjacent to preserved farms and farther from towns and main roads
c. Center of town
d. Need to preserve landowner equity
Are there areas of the Township where farmland is undergoing a development transformation? Yes 88% No 0% [Don’t know 12%] If so, where and with what kind of development?
e. Cox’s Corner and other commercial development along Rt. 539 and Burlington Path Road
f. Center of town, golf course, Taft property and off Sharon Station Road
g. All over town
Are there instances under which a mix of development and farmland can coexist? Yes 75% No 25% If so, what are the instances and in what form and where they are applicable?
h. New Canton Estates clustering development
i. Only with specialized farming operations and clustered development; not over entire township
j. Where natural or manmade buffers can be maintained
k. Concerns were expressed about the conflicts between farms (noise, smells and seasonal workers) and houses
The agricultural industry, like other industries, is constantly undergoing changes due to economic forces, i.e., more intensive agriculture such as raising small and large animals, and high-value and value-added products from greenhouses, aqua-farming (fish) that require more farm labor, etc. Should farmland be permitted to change in order to adapt to economic changes in the agricultural industry, particularly since the changes could alter the visual appearance of the farmland?
Yes 100% No 0%
l. Need to be pro-farming not just pro-rural; farming is an industry, not just a lifestyle
m. Yes, provided the use is related to land-based agriculture and/or the use maximizes preservation of ground (not unrelated like aqua-farming)
n. Concerns expressed about the public wanting to control privately owned farms and restricting the farmer from increasing income
Should different planning tools (transfer of development rights, density transfer, etc.) be used to preserve farmland and protect farmers’ equity? Yes 88%
No 0% [No response 12%] If so, suggest what kinds of tools?
o. PUD between any group of landowners; not TDR
p. Density transfer as long as no down-zoning
q. Density transfer for selective re-zoning; use to create more rural group of clustered housing developments
In carrying forward the concept of transferring development potential, are there areas in the Township that could reasonable accept additional development transferred from farmland? Yes 75% No 0% [No response/not sure 25%] If so, where?
r. Areas that are already adjacent to roadways and have some form of development, crossroads and areas near I-195
s. Areas that front on county roads
t. Areas around major intersections
u. Around village centers and where soils are suitable
v. Provided landowners agree with concept and majority accepts well-planned, managed growth per build-out analysis and capacity analysis
Should incentives, i.e., density bonus, etc., be created for preserving more farmland as part of a development application? Yes 75% No 25% If so, suggest what kinds of incentives.
w. Bonus densities are a prime financial incentive
x. Density bonus based on financial analysis that adequately addresses resulting development costs from long-term community impacts
y. Too much density bonus defeats the purpose
z. Bonus units to area being developed with package treatment plants – improve water quality
aa. Density bonus; not require road widening, curbs and sidewalks
bb. Preserving farmland should not come as a side effect of more housing development; environmental and density issues should create a need for curtailing incentives
Provide sufficient amounts of open space and appropriate facilities for passive and active recreation
What kinds of open space are needed in the Township and where?
a. Parks, playing fields for existing and future populations
b. Fields and woodland throughout township
c. Multi-use parks – walking, running, bicycling, equestrian, nature study, fishing and hunting
d. Passive and active
e. Recreation facilities best located near schools and areas of population, i.e., town centers; balance public land with tax burden; mix of youth and adult activities
What kinds of passive recreational facilities are needed and where?
f. For adults
g. For school-age children
h. Trails for hiking
i. Near county parks
j. Near schools
k. Not much needed
What kinds of active recreational facilities are needed and where?
l. Sports complex
m. Baseball, soccer and indoor recreation facilities (near schools and town centers)
n. Football
o. Family playground, tennis courts, basketball courts, chip and putt or miniature golf
p. No horse trails next to business
Should recreational facilities serving the community-at-large be provided in addition to such facilities that are a part of residential development? Yes 88% No 0% [No response 12%] If so, what kinds and where?
q. Family-related activities, playground, tennis courts, basketball courts, chip and putt; away from Allentown and near heart of town Cream Ridge
r. Near populated areas
s. In the form of recreation fee to town
Should different planning tools (transfer of development rights, density transfer, etc.) be used to preserve open space and protect property owners’ equity?
Yes 88% No 0% [No response 12%] If so, suggest what kinds of tools.
t. Same as for agriculture
u. Farmland preservation is a top priority
v. Give money outright for farmland preservation when clustering
w. Maintain open space by township not county
Should landscaped and naturalized open space areas be provided along public areas (roads) to create visual buffers that block views of development? Yes 100% No 0% Housing? Yes 100% No 0% Industry? Yes 100% No 0% Commercial/Office Yes 100% No 0%
x. Yes, if land is publicly owned
y. Naturalize berms and landscape them; keep them natural
z. As long as not down-zoning
Should incentives, i.e., density bonus, etc., be created for preserving more open space as part of a development application? Yes88% No 12% If so, suggest what kinds of incentives.
aa. Same as agriculture
bb. Density bonus for areas being developed and land given to township; if land is not usable, put one unit on it and let it be resold using money to purchase other land for preservation
cc. Limited extent by only if it truly provides an incentive
dd. Density bonus based on financial analysis that adequately addresses resulting development from long-term community impacts
ee. Waivers on curbs, sidewalks for additional open space
Prevent the homogenous spread of suburban type development throughout the Township
Should undeveloped lands and farmland be preserved in large blocks? Yes 100% No 0%
§
Must be fair and equitable to the landownerShould development be concentrated in areas of the Township in order to prevent sprawl? Yes 88% No 0% [Does not know 12%] If so, where?
§
County roads with visual buffers or tracts suitable for cluster development§
Close proximity to well-traveled roadways and appropriate distance from natural waterways§
Concentrate most sensible use of land if result of financed or voluntary incentives; not concentrated in certain areas and restricted in other areas; small lots less intrusive; large lots create sprawlShould development rights be acquired to retire land from being developed?
Yes 100% No 0% If so, who should acquire them?
§
As long as it is equitable and voluntary§
Township working with non-profits§
Township, county or state under voluntary basis that is equitable to landownerSince money is often limited for development rights acquisition, should different planning techniques be used to supplement the preservation of open space and farmland? Yes 63% No 0% [No response 37%] If so, what kinds of techniques?
§
Under cluster option open space is given to township; township sells open space back to developer where township gets money for more development rights acquisition and developer gets more units§
PUD on a case-by-case basis; not TDRIn carrying forward the concept of applying different planning techniques, should the transfer of development potential from areas that are to be preserved to areas that could reasonably support more development be used? Yes 63% No 0% [No response 37%]
Addressing the Township’s current and future affordable housing needs as mandated by statute
Should affordable housing be provided in the Township? Yes 100% No 0%
If so, in what form(s)?
§
Mixed with market rate housing? Yes 88% No 12%§
Stand alone development? Yes 75% No 25%§
Age-restricted housing? Yes 88% No 12%§
Group homes? Yes 12% No 88%§
Accessory apartments (e.g., carriage houses and apartments over garages)? Yes 100% No 0%§
Other?i. Mix of all of above
ii. Spread throughout town
iii. Townhouse development for moderate incomes
Should some affordable housing be transferred out of the Township (regional contribution agreement that has a cost of $35,000 per unit transferred)?
Yes 75% No 0% [Maybe 12%, With cost-benefit analysis 13%]
Promote a strong local economy and balance residential and non-residential development
What are the key industries and businesses that comprise the Township’s local economy?
§
Agricultural and farming operations§
Agricultural services and supply§
Manufacturing [Allentown Caging and Equipment]§
Nursery and greenhouse operations§
Equestrian supply [Rick’s Saddle Shop] and all equestrian operations [including New Jersey Horse Park]§
Medical offices§
Animal care§
Retail and service businesses [including professional, automobile services and machinery]§
Restaurants and banquet halls and delis§
Construction businesses§
Sawmill§
Real estate agencyWhat industries and businesses should be retained and increased?
All
Eating places
Repair places
No more automobile repair
Limited due to wastewater management
What kinds of businesses are missing in the Township?
§
Agricultural supply and services§
Automotive and truck repair and parts supply§
Professional businesses§
Hotels§
Good eateries/restaurants§
Banks§
Fitness center§
Services: hairdresser; dance/music/gym studios; small eating places; dessert/ice cream shops§
Grocery stores§
Childcare facilities§
Small retail shopsWhere should new business go in the Township?
§
Existing villages and hamlets? Yes 100% No 0%§
Next to existing villages and hamlets? Yes 100% No 0%§
Traditional crossroad areas? Yes 100% No 0%§
New villages and hamlets? Yes 100% No 0%§
Stretches of highway? Yes 88% No 12%§
Other?iv. Parts of Rt. 539, 526, 524 and most of 537
The agricultural industry, like other industries, is constantly undergoing changes due to economic forces, i.e., more intensive agriculture such as raising small and large animals, and high-value and value-added products from greenhouses, aqua-farming (fish) that require more farm labor, etc. Should local codes and ordinances permit flexibility in allowing different types of agriculture to occur on farms? Yes 100% No 0% If so, please describe.
§
Ability of trucks to travel roads§
Lower building fees for agricultural buildings§
Lower property taxes for farms§
Need for migrant worker housing§
Allow noise and odorsIn carrying forward the concept of flexibility for the farming industry, should ancillary businesses that enhance farm income be permitted? Yes 100% No 0% If so, what kinds?
§
Supply stores, gift stores and family-type businesses§
Anything that can give a farmer staying power, e.g., renting buildings and outside storage§
Crafts, antiques and country shops§
Windmills§
Cellular towers, renting parking areas to landscape industrySummary
The Rural and Country Atmosphere in Upper Freehold Township is:
Substantial amount of open spaces that provide attractive view sheds and scenic country roads
Views of farming operations and agricultural fields, woodlands with wildlife and various types of water features
Viable agriculture
Low traffic on roads that have few improvements
Villages surrounded by open spaces
Architecture that reflects a “country-style”
The Rural and Country Atmosphere in Upper Freehold Township can be retained by:
Allowing villages and hamlets to grow to a limited degree surrounded by open space and farmland
Clustering development to provide for very large areas of open space and farmland to be preserved and amassed
Protecting the environment is critical
The preservation of farmland is paramount given:
The need to be pro-farming and not just pro-rural because farming is an industry
The need to protect landowner equity
The need to permit more flexibility in zoning to allow farmers to increase opportunities to generate additional income – “staying power”
The need to minimize conflicts between farming (an industrial use) and residential areas.
The need to implement innovative land development techniques that preserve farming and farmland, protect landowner equity and facilitate land development patterns that amass large amounts of farmland and keep housing away from farming operations
The need to harness market forces to create incentives to encourage landowners to follow innovative land development techniques
The preservation of open space is important to:
Provide active and passive recreation for all ages
Provide such recreational facilities on a community-wide basis near concentrations of population and school facilities
Provide recreation in individual housing developments
The spread of suburban sprawl is best addressed by:
Concentrating development along county roads and other well-traveled roadways
Preserving large amounts of contiguous land
Transferring density from the rural areas to areas near existing villages and along well-traveled roadways, but not by using TDR
Ensuring that streams and stream corridors are protected from any concentrated development
It is very important to address existing and future affordable housing needs by:
Providing mixed affordable units with market-rate units
Providing stand along developments
Providing age-restricted housing
Providing accessory apartments
Using regional contribution agreements
Spreading the foregoing types of affordable housing throughout the township
The local economy consists of:
Agricultural and farming operations
Agricultural services and supply
Equestrian-related and animal care businesses
A mix of local retail and service businesses, including eateries and restaurants
Construction businesses and sawmill
The local economy needs more personal and business services.
New business should be located:
In and next to villages and hamlets
At traditional crossroads
County roads and highways
The agricultural industry needs help by allowing farmers to generate additional income by:
Having family-type businesses operate on farms
Renting buildings for low-impact uses
Operating windmills
Locating cellular towers on farms
APPENDIX B
SECOND QUESTIONNAIRE
UPPER FREEHOLD TOWNSHIP
MONMOUTH COUNTY, NEW JERSEY
TRANSFER OF DENSITY PLANNING ISSUES
QUESTIONNAIRE
September 27, 2005
The Vision Statement Summarized
The following summary of the vision for Upper Freehold Township was taken from planning documents dated October 12, 1995 to March 2, 2004:
1. Upper Freehold Township is an agricultural and residential community.
2. Upper Freehold Township seeks to maintain its rural character, historic past and its quality natural resources.
3. Achieve vision by appropriately:
a. Balancing private and public property rights.
b. Maintaining active farming and open spaces
c. Developing educational and recreational facilities
d. Preserving the prevailing quality of life
4. Promote a sustainable future for all residents of the Township that is affordable and desirable.
Summary of Initial Questionnaire
The results of the initial questionnaire say the following about the vision for Upper Freehold Township:
The Rural and Country Atmosphere in Upper Freehold Township is:
Substantial amount of open spaces that provide attractive view sheds and scenic country roads
Views of farming operations and agricultural fields, woodlands with wildlife and various types of water features
Viable agriculture
Low traffic on roads that have few improvements
Villages surrounded by open spaces
Architecture that reflects a “country-style”
The Rural and Country Atmosphere in Upper Freehold Township can be retained by:
Allowing villages and hamlets to grow to a limited degree surrounded by open space and farmland
Clustering development to provide for very large areas of open space and farmland to be preserved and amassed
Protecting the environment is critical
The preservation of farmland is paramount given:
The need to be pro-farming and not just pro-rural because farming is an industry
The need to protect landowner equity
The need to permit more flexibility in zoning to allow farmers to increase opportunities to generate additional income – “staying power”
The need to minimize conflicts between farming (an industrial use) and residential areas.
The need to implement innovative land development techniques that preserve farming and farmland, protect landowner equity and facilitate land development patterns that amass large amounts of farmland and keep housing away from farming operations
The need to harness market forces to create incentives to encourage landowners to follow innovative land development techniques
The preservation of open space is important to:
Provide active and passive recreation for all ages
Provide such recreational facilities on a community-wide basis near concentrations of population and school facilities
Provide recreation in individual housing developments
The spread of suburban sprawl is best addressed by:
Concentrating development along county roads and other well-traveled roadways
Preserving large amounts of contiguous land
Transferring density from the rural areas to areas near existing villages and along well-traveled roadways, but not by using TDR
Ensuring that streams and stream corridors are protected from any concentrated development
It is very important to address existing and future affordable housing needs by:
Providing mixed affordable units with market-rate units
Providing stand along developments
Providing age-restricted housing
Providing accessory apartments
Using regional contribution agreements
Spreading the foregoing types of affordable housing throughout the township
The local economy consists of:
Agricultural and farming operations
Agricultural services and supply
Equestrian-related and animal care businesses
A mix of local retail and service businesses, including eateries and restaurants
Construction businesses and sawmill
The local economy needs more personal and business services.
New business should be located:
In and next to villages and hamlets
At traditional crossroads
County roads and highways
The agricultural industry needs help by allowing farmers to generate additional income by:
Having family-type businesses operate on farms
Renting buildings for low-impact uses
Operating windmills
Locating cellular towers on farms
Preserving Upper Freehold’s Rural Character
The results of the questionnaire that you completed earlier this year indicate the Planning Board wants to preserve the rural character of Upper Freehold by:
Maintaining concentrations of contiguous tracts of farmland and open space (creates large expanses of unbroken farmland and open space)
Reducing the amount of large-lot suburban sprawl (large-lot sprawl divides the land and breaks up expanses of farmland and open space)
Protecting landowners’ equity as best as possible
Creating concentrations of housing and commercial development in appropriate locations
Transferring development potential (housing) from rural areas that should be maintained to areas appropriate for more concentrated development
You believed that accomplishing these five (5) objectives would achieve the goal of preserving the rural character of the community. You also indicated that it would advance the “Country Code” adopted for the community. You also found that it would facilitate “smart growth” (encouraging a balance of growth and preservation that is sustainable) that the New Jersey State Planning Commission encourages in the New Jersey State Development and Redevelopment Plan.
The following questionnaire is intended to obtain your valuable input for firming up your ideas about achieving your vision, goal and objectives for Upper Freehold Township. Your input is needed to refine and update the master plan for the community.
New Questionnaire About Implementing Your Vision
In order to achieve the vision for Upper Freehold Township and to encourage the preservation of large, uninterrupted areas of farmland and open space, the results of the initial questionnaire indicate that new development should be (1) concentrated and (2) directed toward existing development, principally in the form of existing villages and hamlets.
Given the results of the buildout analysis (the baseline of future 3,000 units +) and your desire to transfer units from rural areas to areas that will receive the transferred units, it is paramount that your vision be refined. To that end, the following questionnaire was prepared to gain refined input. This questionnaire asks for input about further developing existing villages and hamlets.
Which villages and hamlets should be further developed?
List the villages and hamlets that you think should be further developed by receiving transferred housing from rural areas?
Areas surrounding Imlaystown, the White Birch farm area (surrounded by major roads), if possible areas outside of Hornerstown, but close to 537._____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
What composition of uses do you want in the expanded villages and hamlets? Check all that apply.
Residential
Single-family dwellings, detached __X__
Single-family dwellings, attached __ __
Townhouses __X__
Residential flats (owner-occupied
or rental) _____
Residential flats (owner-occupied
or rental) over businesses __X__
Other _______________________
____________________________ _____
Commercial
Professional offices __X__
Retail shops/stores _____
Personal services shops __X__
Childcare centers __X__
Restaurants/cafes __X__
Artist/artisan shops __X__
Live/work facilities (shop or
office with owner living in
building) __X__
Home occupation __X__
Other _______________________
____________________________ _____
Quasi-Public
Houses of worship _____
Social clubs/organizations _____
Cemeteries __X__
Other _______________________
____________________________ _____
Public
Schools __X__
Government offices and buildings __X__
Parks __X__
Public greens/squares _____
Athletic fields/facilities __X__
Other _______________________
____________________________ _____
What arrangement of the uses do you want? Check all that apply.
Commercial uses concentrated along
primary roads to create a central business
district _____
If checked yes, the buildings in the
Central business district should abut the road
with parking along the street _____
If checked yes, the buildings in the
Central business district should abut the road
with parking along the street and off-street
parking located at the sides and rear of buildings _____
Residential flats and townhouses should be
intermixed with commercial uses in the
central business district __no___
Residential flats should be located over
businesses __X__
The central business district should be
organized around public greens/squares
and parks __X__
Residential development should be arranged
along grid and semi-grid street patterns __no_
Residential development should be organized
in distinct residential neighborhoods that are
in walking/bicycling distance to the central
business district __X__
Residential neighborhoods should be organized
around neighborhood parks __no__
Residential neighborhoods should be identifiable
with the use of distinctive architecture __X__
Residential neighborhoods should be identifiable
with the use of greenbelts of open space and
buffering around perimeters of the neighborhoods __X__
Residential neighborhoods should have a mix
of dwelling unit types __no__
If yes, the neighborhoods should contain:
Single-family dwellings, detached _____
Single-family dwellings, attached _____
Townhouses _____
Residential flats (owner-occupied
or rental) _____
Other _______________________
____________________________ _____
The following quasi-public uses should be
located in the commercial business district:
Houses of worship if nec.
Social clubs/organizations if nec.
Cemeteries __no__
Other _______________________
____________________________ _____
The following public uses should be
located in the commercial business district:
Schools __no_
Government offices and buildings __X__
Parks __no__
Public greens/squares __X__
Athletic fields/facilities __no__
Other _______________________
____________________________ _____
Affordable housing should be provided in
the commercial district __X__
If yes, affordable housing should be provided
in the form of:
Townhouses __X__
Residential flats (owner-occupied
or rental) _____
Residential flats (owner-occupied
or rental) over businesses __X__
Other _______________________
____________________________ _____
Affordable housing should be provided in
residential neighborhoods __no__
If yes, affordable housing should be provided
in the form of:
Single-family dwellings, detached _____
Single-family dwellings, attached _____
Townhouses _____
Residential flats (owner-occupied
or rental) _____
Residential flats (owner-occupied
or rental) over businesses _____
Other _______________________
____________________________ _____
What size lots do you want for the following uses in the extended village and hamlet areas? Check all that apply.
(Note: There can be more than one lot size for specific uses, e.g., different lot sizes for single-family detached dwellings. A variety of lot sizes – for residential, commercial and quasi-public uses – contribute toward a more diverse and interesting village or hamlet setting.)
Residential
Single-family dwellings, detached
5,000 square feet __X__
7,500 square feet __X__
10,000 square feet __X__
20,000 square feet _____
35,000 square feet _____
40,000 square feet _____
Single-family dwellings, attached (lot size for both dwellings)
6,000 square feet _____
8,000 square feet __X__
10,000 square feet __X__
20,000 square feet __X__
35,000 square feet _____
40,000 square feet _____
Commercial
Lot size for individual use
10,000 square feet __X__
20,000 square feet __X__
Lot size for two or more uses
20,000 square feet __X__
35,000 square feet __X__
40,000 square feet _____
Quasi Public
Lot size for individual use
10,000 square feet _____
20,000 square feet _____
35,000 square feet __X__
40,000 square feet __X__
Achieving Transfer of Dwelling Units
In order for the transfer of dwelling units from rural areas to receiving areas to work, an economic incentive must be created. Typically, the incentive comes in the form of additional units transferred from the sending areas to the receiving areas. The incentives must be applied to the property sending the units and the property receiving the units. Without such an incentive the transfer most likely will not occur. The following questions focus on potential actions that create incentives.
Should a bonus density be encouraged by preserving landowner equity via a transfer mechanism? For example, a bonus density could be maintained when units are transferred. The bonus would be removed from the sending and receiving parcels of land and applied only when a transfer occurs. Note that the equity of the landowners is retained when a transfer occurs. If no transfer occurs, no bonus density occurs.
Yes __X__ No _____
If yes, what should the bonus density be (expressed in percent)? (Note: The bonus should be tied to land equity.) 10% IF JUSTIFIED____
If not retained, explain why.
________________________________________________________________________
________________________________________________________________________
Should some kind of bonus density be retained for clustering in the event no transfer occurs?
Yes _____ No __X__
If not retained, explain why.
No benefit to the town. The developer will benefit by clustering, on his own, in reduced infrastructure costs.
________________________________________________________________________
If so, what should the bonus density be (expressed in percent)? (Note: The bonus should be tied to land equity.) ________________
Should the zoning for rural areas be changed to a lower density for a conventional subdivision of rural lands and the original zoning (3-acre lots) retained only when units are transferred? For example, the minimum lot size is increased from 3 acres to something larger, and the original 3-acre zoning is retained only when the units are transferred. Again, this would be applied to sending and receiving properties. Note that most of the equity of the landowners is retained when a transfer occurs. If no transfer, a reduction in equity relatively proportionate to the number of dwellings reduced may occur.
Yes __X__ No _____
If lot sizes are increased for conventional subdivisions, what should that size be (expressed in acres)?
Five acres___________
Should all properties in the rural zoning area (AR zone) have the ability to transfer units regardless of lot size?
Yes __X__ No _____
Should there be a limit in lot size?
Yes __X__ No _____
If so, what should that limit be? (Some help on this one: The minimum lot size for the AR zone is three [3] acres. For example, the limit should be three-acre lots because only one dwelling unit could be created on the lot. Or limit the sending lot size to 50 acres because that is size of the tract of land that can be clustered under the Ag./Open Space cluster. Or some other lot size limit that you think is appropriate.)
Further discussion would be required.________________________________________________________________
________________________________________________________________________
________________________________________________________________________