TOWNSHIP OF UPPER FREEHOLD
MONMOUTH COUNTY, NEW JERSEY
PERIODIC REEXAMINATION REPORT OF MASTER PLAN
STATUTORY REEXAMINATION OF MASTER PLAN
N.J.S.A. 40:55D-1 et seq. entitled Municipal Land Use Law (MLUL) requires all municipalities to reexamine their master plans at least every six years. The purpose of this requirement is for municipalities to have regular, periodic reviews of current information and changing conditions within the municipality in the interest of keeping long-range planning as up-to-date as possible.
In C.40:55D-89 of the MLUL, the following language is set forth:
The governing body shall, at least every six years, provide for a general reexamination of its master plan and development regulations by the planning board which shall prepare and adopt by resolution a report on the findings of such reexamination, a copy of which report and resolution shall be sent to the county planning board and the municipal clerk of each adjoining municipality...
The Township of Upper Freehold Planning Board reexamined its master plan in July 2001. That master plan was based on previous master plans and amendments drawing significantly on the “1994-1995 Land Use Plan Element” of the master plan.
The MLUL requires consideration of five areas of concern within the statutory reexamination report. Those areas are identified below along with response statements.
A. REVIEW OF PAST CONDITIONS
C.40:55D-89a. of the MLUL provides that the reexamination report shall review:
The major problems and objectives relating to land development in the municipality at the time of the last reexamination report.
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. 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, it is unnecessary to recite them in this new reexamination report.
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. These environmental aspects of the earlier land use plan element remain valid today and are instilled in this reexamination report.
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”:
a. 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
b. 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.
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.
B. CHANGING CONDITIONS
C.40:55D-89b. provides that the following shall be stated in the reexamination report:
The extent to which such problems and objectives have been reduced or have increased subsequent to such date.
The goals, objectives and vision of previous master plans and master plan amendments and documents remain valid today and are carried forward in this reexamination report. As a matter of concern is the urgency to maintain the rural, agrarian character of Upper Freehold Township that is threatened by the loss of farmland and open space and the increase of low-density suburban sprawl.
The 2003 amendment recommendation of increasing the minimum lot size for the AR district was increased from 2 acres to 3 acres. The zoning change included a 35 percent bonus to increase the number of lots when development in the AR zone is clustered. In 2007, the Township Committee eliminated the 35-percent density bonus after receiving the results of a nitrate dilution study prepared for the Township Planning Board. The study indicated that under the current New Jersey Department of Environmental Protection nitrate dilution target of 5.2 milligrams per liter (mg/L), the environment could sustain an overall density of 1 dwelling unit per three acres. Since the bonus would allow for the number of dwelling units to exceed the target, it was eliminated.
Notwithstanding the great strides that Upper Freehold Township has made over the years to realize its vision for the community and achieve its goals and objects, the problem of truly retaining the rural character of the community while balancing preservation and growth throughout the community remains. Maintaining the status quo of land use planning and zoning in the Township will do nothing to address the spread of suburban sprawl and the loss of farmland and open space in the community. As a matter of fact it will contribute toward the transformation of Upper Freehold Township from a rural community to a suburban one with patches of preserved farmland and open space. To that end, it is paramount to develop a new strategy for realizing the vision and achieving the goals and objectives to retain the rural character of the community by amassing large tracts of permanently preserved farmland and open space, balancing private and public property rights. maintaining active farming and open spaces, preserving the prevailing quality of life, and promoting a sustainable future for all residents of the Township that is affordable and desirable.
C. CHANGING OBJECTIVES AND ASSUMPTIONS
C.40:55D-89c. provides that the reexamination report shall state:
The extent to which there have been significant changes in the assumptions, policies and objectives forming the basis for the master plan or development regulations as last revised with particular regard to the density and distribution of population and land uses, housing conditions, circulation, conservation of natural resources, energy conservation, collection disposition and recycling of designated recyclable materials, and changes in State, county and municipal policies and objectives.
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
1980 2,750 +199, +7.8%
1990 3,277 +527, +19.2%
2000 4,282 +1,005, +30.7%
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, a new land use plan element is needed that 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 should taken into consideration in developing the strategies and recommendations of a new land use plan element of the master plan.
The following assumptions are made for consideration in planning the future of Upper Freehold Township:
1. If no changes are made to the zone plan and zoning ordinance for Upper Freehold Township, the community will be transformed into scattered low-density sprawl developments consuming valuable farmland and open space.
2. Development pressures will persist into the future placing demands on Upper Freehold’s rural landscape to be transformed into low-density, large-lot suburban sprawl. Such development pressures impact the local agricultural industry by reducing the amount of farmland and creating more land use conflicts between residential development and agricultural activities.
3. Traffic, intra- and inter-municipal, will continue to increase over time, therefore further taxing Upper Freehold’s road system.
4. The New Jersey Council on Affordable Housing (COAH) will rewrite its rules in response to the recent Appellate Court decision that invalidated most of the “third-round” rules that COAH adopted in 2004. These rule changes will have an impact on the land use plan element for the Township, thus requiring the Planning Board to revisit the land use plan element and incorporate those rule changes into the land use planning for the community. It is assumed that these changes to the COAH rules will require Upper Freehold Township to address a new affordable housing obligation.
5. The draft water quality rules recently released by the New Jersey Department of Environmental Protection (NJDEP) will be adopted in 2008. Said NJDEP rules will establish a new nitrate dilution target of 2.0 mg/L and a host of new regulations that restrict development. It is paramount to develop an understanding of these new rules and how they apply to Upper Freehold Township.
6. The New Jersey State Planning Commission will conclude the cross-acceptance process for preparing an updated version of The New Jersey State Development and Redevelopment Plan (SDRP) and adopt a new SDRP in 2008. The new SDRP will maintain the current rural planning areas (Planning Areas 4 and 4B) for Upper Freehold.
D. SPECIFIC RECOMMENDATIONS
C.40:55D-89d. provides that the reexamination report shall state:
The specific changes recommended for the master plan or development regulations, if any, including underlying objectives, policies and standards, or whether a new plan or regulations should be prepared.
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:
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).
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).
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).
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).
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).
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).
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).
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).
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).
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).
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).
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).
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).
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).
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).
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.
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 help in shaping the strategies upon which a new land use plan element should be based.
Recommended Strategy: Noncontiguous Parcel Clustering
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).
Recommendations
The following specific recommendations are made for updating the master plan for the Township of Upper Freehold:
By way of adopting this reexamination report adopt the two background studies, Development Capacity Analysis for Upper Freehold Township, New Jersey (nitrate dilution study) prepared in July 2007 and Zoning Buildout Analysis, Upper Freehold Township, New Jersey prepared in December 2005, as part of the master plan.
Update the land use element of the master plan incorporating the recommended strategy of noncontiguous parcel clustering as discussed above.
By incorporating the recommended strategy of noncontiguous parcel clustering prepare an entirely new planning scheme for the AR Agricultural Residential and RA-5 Residential Agricultural 5 zoning districts. Include the following mechanisms and criteria for the new planning scheme:
Creation of an economic incentive for transferring density from sending parcels to receiving parcels to preserve farmland and open space. The economic incentive should reduce the base zoning in the AR and RA-5 districts and restore the base zoning when noncontiguous parcel clustering is undertaken. The incentive should be significant and meaningful to elevate the interest of landowners and potential developers.
Provision of mandatory clustering when noncontiguous parcel clustering is not utilized. No bonus should be provided under the mandatory cluster. Limits for the minimum parcel size for mandatory clustering should be established.
Provision of conventional subdivisions (no mandatory clustering) should be made for smaller parcels.
Provision of an option to allow for partial clustering and farmettes (larger lots that could receive farmland assessment) in one development, however, without any bonus. Limits for the minimum parcel size for this option should be established.
Consideration of the provision for preserving the White Birch horse farm while allowing for a transfer of development similar to noncontiguous parcel clustering.
Mechanisms for transferring development from sending parcels to receiving parcels including determining lot yields for the sending and receiving parcels under 3-acre zoning for the AR district and 5-acre zoning for the RA-5 district.
Criteria for receiving parcels with a consideration of minimum receiving parcel size, minimum number of dwellings on the receiving parcel, one-acre lots for detached single-family dwellings, road frontage requirements, potential inclusion of a commercial component, and limits for the maximum number of dwelling units for various sized receiving parcels.
Criteria for sending parcels with a consideration of minimum parcel sizes, the minimum aggregate total of area of parcels, restrictions to permanently preserve the sending parcels, and homesteading on the preserved parcels.
When preparing a new planning scheme for the AR and RA-5 districts, ensure that the PEC Parks, Education and Conservation zoning district avoids receiving development from sending parcels in the AR and RA-5 districts because the PEC district utilizes AR zoning provisions. The objective is to protect the environmentally sensitive lands in the PEC district from being developed intensely, even at AR receiving parcel densities.
Explore new areas to expand the VN Village Neighborhood, CC Community Commercial and HD Highway Development zoning districts. When looking to expand the geographical area of said zones, examine the permitted uses to determine whether additional uses should be permitted, i.e., service-based businesses that have minimal impacts on the environment, bed-and-breakfast establishments, banquet halls, assisted living facilities, large-animal hospitals in accordance with their impacts on environment.
Explore ways to diversify the ROM Research, Office and Manufacturing district by capitalizing on the nearby Horse Park. Consideration should be given to creating an overlay to the zone by providing for hotels with restaurants, individual restaurants, shopping centers and offices. The overlay zone should require extensive landscaping and buffering to create a highly aesthetic setting.
Explore new areas to expand the GI General Industrial district. The landscape buffering requirements should ensure adequate protection to adjoining residential properties and for the traveling public along roads.
Explore changing the Commerce Park Planned Development overlay in the AR district to one that omits heavy trucking and includes a more diverse mix of uses such as schools, commercial development and planned residential development that provides affordable housing. Permitted uses that should be considered include bed-and-breakfast facilities, inns with restaurants, veterinarians, saddle and riding/service establishments, and similar uses.
Explore creating a development alternative for some of the AR zoned lands around the Horse Park to capitalize on the horse competitions and events that occur on the state-owned facility.
Prepare a new circulation plan element that considers the updated land use plan element.
Revisit the updated land use plan element after COAH has adopted its new rules for providing affordable housing.
Revisit the updated land use plan after NJDEP has adopted its new rules for water quality management.
Make a recommendation to the Township Committee of Upper Freehold Township for developing and adopting a wellhead protection ordinance.
Make a recommendation to the Township Committee of Upper Freehold Township for developing and implementing a plan to address the failing septic systems and health problems in the Imlaystown area of the township.
E. REDEVELOPMENT PLANS
C.40:55D-89e. provides that the following shall be stated in the reexamination report with regard to redevelopment plans:
The recommendations of the planning board concerning the incorporation of redevelopment plans adopted pursuant to the "Local Redevelopment and Housing Law," P.L.1992,c.79 (C.40A:12A-1 et seq.) into the land use plan element of the municipal master plan, and recommended changes, if any, in the local development regulations necessary to effectuate the redevelopment plans of the municipality.
To date, Upper Freehold Township has not identified any areas of the municipality as redevelopment areas.
F. RELATIONSHIP TO CONTIGUOUS MUNICIPALITIES, COUNTY MASTER PLAN, THE STATE DEVELOPMENT AND REDEVELOPMENT PLAN AND THE DISTRICT SOLID WASTE PLAN
C.40:55D-28d. provides that the following statement be provided:
The master plan shall include a specific policy statement indicating the relationship of the proposed development of the municipality, as developed in the master plan to (1) the master plans of contiguous municipalities, (2) the master plan of the county in which the municipality is located, (3) the State Development and Redevelopment Plan adopted pursuant to the “State Planning Act, “ sections 1 through 12 of P.L.1985, c.398 (C.52:18A-196 et seq.) and (4) the district solid waste plan required pursuant t the provisions of the “Solid Waste Management Act,” P.L.1970.c.39 (C.13:1E-1 et seq.) of the county in which the municipality is located.
Contiguous Municipalities
Millstone Township, Monmouth County
Along the northern and northeastern borders of Upper Freehold Township is Millstone Township. Millstone’s character is similar to Upper Freehold – that is it is rural with woodland and farmland. The planning for both communities along their shared municipal boundary is intended to preserve the rural character. Most of lands along the municipal boundary in Millstone are zoned RU-P Rural Preservation that permits farms and detached single-family dwellings on 10-acre lots. A small area around Interstate 195 is zoned R130 Rural Residential that permits farms and single-family dwellings on lots that contain 130,000 square feet. The lands along the border in Upper Freehold are compatible with lands zoned PEC Parks, Education and Conservation.
Roosevelt Borough, Monmouth County
Roosevelt Borough is a small village that is surrounded by Millstone Township to the north, east and west and Upper Freehold Township to the south. The lands in Roosevelt are zoned for R-100 Residential Agriculture and R-40 Residential for dwellings on lots greater than 80,000 square feet and 40,000 square feet, respectively. The lands zoned PEC in Upper Freehold consist of state-owned parkland and are compatible with the zoning in Roosevelt.
Plumstead Township, Ocean County
Monmouth Road (CR 537) serves as the eastern boundary of Upper Freehold and the boundary between Monmouth and Ocean Counties. The municipality in Ocean County that shares Monmouth Road with Upper Freehold is Plumstead Township. Plumstead has numerous zones along the county highway. Along the northern section of the highway in Plumstead are the C-3 Commercial, R-40 Rural Residential and LI-1 Light Industrial zones. Along the same section of roadway in Upper Freehold are AR Rural Residential and HD Highway Development zones, which are compatible with those zones in Plumstead.
Within the central portion CR 537 intersects CR 539. In the vicinity of the intersection of these two county highways are the MHP Mobile Home Park, C-2 Commercial, R-40 Rural Residential and P Professional zones. In Upper Freehold the lands along the central section of CR 537 are zoned HD Highway Development and recommended as VN Village Neighborhood. Both of these zones in Upper Freehold are compatible with the zoning in Plumstead.
The southern section of Monmouth Road in Plumstead has lands zoned LI-2 Light Industrial, C-2 Commercial, LI-2 with a redevelopment area overlay of PRRC Planned Residential Retirement Community, and RA-5 Rural Agricultural. A small portion of the lands in Upper Freehold opposite the LI-2 zone in Plumstead are recommended for HD, which is compatible with the LI-2 zone. The lands in Upper Freehold along the remaining southern section of CR 537 are zoned AR, which is compatible with RA-5 and PRRC zones in Plumstead. The amount of lands zoned C-2 along the southern section in Plumstead is relatively small and would have a limited negative impact (visual and traffic) on the AR zoned lands in Upper Freehold. Design requirements for AR development require landscape buffers along the county highway. Such buffering should further mitigate any negative impacts in the vicinity of the C-2 district. It would be prudent to ensure that the lands along the southern section of CR 537 in Upper Freehold provide adequate landscape buffering.
North Hanover Township, Burlington County
For the most part Province Line Road forms the southern and southwestern municipal boundary as well as the boundary between Monmouth and Burlington Counties. The lands located in North Hanover in Burlington County are zoned R-A Single-family Residential/Agricultural, which permits farms and single-family dwellings on lots having 2 to 5 acres depending on soil profiles. The lands in Upper Freehold along the southern and southwestern boundaries are zoned AR, which is compatible with the zoning in North Hanover. Furthermore, the lands both communities along the municipal boundary are rural with woodland and farmland.
Hamilton Township, Mercer County
A portion of the northwestern boundary of Upper Freehold is shared with Hamilton Township in Mercer County. The lands in Hamilton are zoned RPC Rural Resource Conservation for farms and single-family dwellings on lots containing at least 120,000 square feet and C Conservation for farms and single-family dwellings on lots containing at least 5 acres. The lands in Upper Freehold next to Hamilton are zoned AR, which is compatible with Hamilton zoning, and CC Community Commercial, which covers a limited area of the Upper Freehold and is compatible with the zoning in Hamilton due to the buffering requirements and the fact that this commercial area would serve the residential development in Hamilton.
Washington Township, Mercer County
Upper Freehold shares most of the northwestern municipal boundary with Washington Township in Mercer County. The western most portion in Washington is zoned RR Rural Residential, which permits farms and single-family dwellings on 2-acre lots. The lands in Upper Freehold adjacent to the RR zone in Washington are zoned AR, which is compatible with the Washington zoning. In the vicinity of Interstate 195 the lands south of the interstate in Upper Freehold are zoned HD, which requires significant buffering along RR zoned lands in Washington Township.
North of the interstate in Washington are lands zoned PCD, which permits large tract development of offices, warehouses, light manufacturing, flex office/warehouses. Adjacent to the interstate in Upper Freehold are lands zoned HD and recommended for an expansion of HD zoning. This area in Upper Freehold is compatible with the PCD zoning in Washington Township. The lands north of the HD zone in Upper Freehold are zoned AR, which is incompatible with the PCD zoning in Washington. The goal in Upper Freehold is to preserve the rural character of the area. The goal in Washington is to develop the area with industry, which is incompatible with the planning in Upper Freehold due to the heavy car and truck traffic that will be generated by PCD development and the change in character of the area from rural to industrial in the PCD zone. Farther north in Washington the lands are zoned RR, which is compatible with the AR zone in Upper Freehold.
Allentown Borough, Monmouth County
A small portion of the northwestern municipal boundary of Upper Freehold is shared with Allentown Borough, Monmouth County. Allentown is a historic village that is celebrating its 300th anniversary this year. The lands of Allentown that border Upper Freehold are zoned R-60 Residential, R-85 Residential and R-140 Residential, all of which permit single-family dwellings of varying sizes ranging from 60,000 square feet to 135,000 square feet. The lands to the east of the Borough are zoned HD, which has the potential to be incompatible with the residential zoning in the Borough due to aesthetics of and traffic generated by the HD zone. To mitigate any impacts adequate landscape buffering and compatible architecture should be provided in the HD zone. Efforts should be made to coordinate the creation of a gateway to Allentown from the area of the interstate.
Along Allentown’s southern boundary are lands zoned AR, which is compatible with the zoning in the Borough, and PEC, which is also compatible with the Allentown due to the fact that schools that serve both communities are located here. West of Allentown are lands zoned CC Community Commercial, which is compatible with nearby residential zoning in the Borough, and AR that is recommended for optional Educational/Commercial/Planned Residential Development. Pedestrian linkages from the AR zone to Allentown should be provided.
County Master Plan
In December 1995 the Monmouth County Planning Board adopted the Growth Management Guide for Monmouth County. This planning document contains goals, objectives and policies for the growth and development of the County as they pertain to air resources; centers; comprehensive planning; economic development; farmland preservation and agriculture development; historic, cultural, natural and scenic resources; housing; solid waste; transportation; and water resources. The planning of Upper Freehold Township is consistent with these goals, objectives and policies set forth in the Growth Management Guide for Monmouth County. Of significant importance is Upper Freehold’s goals, objectives and policies that stress preserving the rural character, farmland and agricultural industry of the Township balanced with developing the community with modest residential and non-residential uses to avoid sprawl.
Upper Freehold’s planning is also consistent with the August 2000 Monmouth County Farmland Preservation Plan: The Comprehensive Plan. The bulk of agricultural lands in Monmouth County are situated in Upper Freehold Township, and almost all of the Township is covered with prime agricultural soils and statewide agricultural soils. Over 6,000 acres of farmland have been preserved, and more than 15,000 acres of land has been preserved including farmland and open space. Upper Freehold’s recommended master plan changes to implement noncontiguous parcel clustering represents an opportunity to amass significant amounts of farmland using market mechanisms. This planning technique supplements the County and Township farmland preservation programs.
The New Jersey State Development and Redevelopment Plan
The 2001 The New Jersey State Development and Redevelopment Plan (SDRP) designates Upper Freehold Township as Planning Areas 4 Rural and 4B Rural, Environmentally Sensitive. Section D. Specific Recommendations of this reexamination report provides an extensive discussion about the SDRP and the planning for Upper Freehold. The bottom line is that the planning for the Township to keep it rural and implement innovative planning techniques to do so is consistent with the SDRP and advances the goals, objectives and policies of the SDRP.
District Solid Waste Plan
The Monmouth County District Solid Waste Management Plan (County Plan) was approved with modifications by the New Jersey Department of Environmental Protection (NJDEP) in 1980 and again in 1999. Upper Freehold strives to reduce the amount of its solid waste stream that requires landfill disposal and increase recycling. The Township has undertaken efforts to educate the public about reducing solid waste and increasing recycling.
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 us