WHEREAS, the Township Committee previously adopted a Land Use Ordinance Section 35-400 ZONING DISTRICT REGULATIONS; and

WHEREAS, within Section 35-400 ZONING DISTRICT REGULATIONS there is found a subsection within each zoning district a reference to "Maximum Building Height"; and

WHEREAS, the Township Planner in a memorandum, dated May6, 2008, brought to the attention of the Township Committee problems with the Township’s height requirement within all of the zoning districts; and

WHEREAS, the Township Planner recommended that the Township Committee increase the maximum height from 30 feet to 35 feet: and

WHEREAS, the Township Committee at its meeting of May 15, 2008 discussed and agreed that an ordinance should be drafted including the recommendation: and

NOW THEREFORE BE IT ORDAINED by the Township Committee of the Township of Upper Freehold, in the County of Monmouth, and State of New Jersey, as follows:

Section 1. : Section 35-405C1 "Maximum Building Height" of The Revised General Ordinances of the Township of Upper Freehold, as heretofore supplemented and amended, is hereby further amended to change the maximum building height in the AR and RA-5 Zones as follows:

Section 2. Section 35-406C1 "Maximum Building Height" of The Revised General Ordinances of the Township of Upper Freehold, as heretofore supplemented and amended, is hereby further amended to change the maximum building height in the VN Zone as follows:

Section 3. Section35-407D1. entitled "Maximum Building Height" of The Revised General Ordinances of the Township of Upper Freehold, as heretofore supplemented and amended, is hereby further amended to change the maximum building height in the CC and HD zones as follows:

Section 4. Section 35-408C1. entitled "Maximum Building Height" of The Revised General Ordinances of the Township of Upper Freehold, as heretofore supplemented and amended, is hereby further amended to change the maximum building height in ROM zone as follows:

Section 5. Section 35-409C1. entitled "Maximum Building Height" of The Revised General Ordinances of the Township of Upper Freehold, as heretofore supplemented and amended, is hereby further amended to change the maximum building height in GI zone as follows:

Section 6. Section 35-410C1. entitled "Maximum Building Height" of The Revised General Ordinances of the Township of Upper Freehold, as heretofore supplemented and amended, is hereby further amended to change the maximum building height in PEC zone as follows:

Section 7 This ordinance shall take effect immediately upon final adoption, publication and filing of said ordinance with the Monmouth County Planning Board, all in accordance with law.

This ordinance shall take effect upon its adoption and publication according to law.

All Ordinances or parts thereof which are inconsistent with or in conflict with this Ordinance or any part hereof are hereby repealed to the extent of said inconsistency.

If the provisions of any Section, subsection, paragraph, subdivision or clause of this Ordinance shall be adjudged invalid by a Court of competent jurisdiction, such Order or Judgment shall not affect or invalidate the remainder of any Section, subsection, paragraph, subdivision or clause of this Ordinance or any other Ordinance which is referred to herein by reference and to this end, the provisions of this Section, subsection, paragraph, subdivision or clause of this Ordinance are hereby declared to be severable.

This Ordinance shall take effect immediately upon its passage and publication according to law.

Approved on First Reading: June 5, 2008

Approved, Passed & Adopted: _

DATED: _______________________ ATTEST: