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Upper Freehold Township
City Zoning Code

SECTION 35

100 Title and Purpose

§ 35-101 TITLE.

[Ord. No. 34-97 § 81-101]
This Land Use Regulations, Chapter 35 of the Code of the Township of Upper Freehold, is intended to comprehensively plan, direct, guide and control the development of the Township of Upper Freehold by:
A. 
Regulating and limiting the uses of land and the uses and the locations of buildings and structures;
B. 
Regulating and restricting the height and bulk of buildings and structures and determining the area of yards and other open spaces;
C. 
Regulating and restricting the density of population;
D. 
Implementing the housing requirements mandated by the "Mt. Laurel II" New Jersey Supreme Court Decision and the New Jersey Council On Affordable Housing (COAH);
E. 
Dividing the Township of Upper Freehold into zoning districts and providing for "Planned Developments" on certain lands designated for such purposes;
F. 
Adopting a Zoning Map of the Township of Upper Freehold showing the boundaries and the names of the zoning districts and the "Planned Developments";
G. 
Establishing the rules, regulations and standards governing the subdivision and site development of the lands within the Township;
H. 
Establishing a Planning Board and a Zoning Board of Adjustment; and
I. 
Prescribing the penalties for the violation of and the methods for enforcement of the provisions of this Land Use Regulations Chapter.

§ 35-102 SHORT TITLE. [1]

[Ord. No. 34-97 § 81-102; New]
The short title of this chapter shall be "The Land Use Regulations of the Township of Upper Freehold" and was formerly referred to as Chapter 81.
[1]
Editor's Note: The Land Use Regulations shall be known as Chapter 35 or Chapter 35.

§ 35-103 INTENT AND PURPOSE.

[Ord. No. 34-97 § 81-103]
This chapter is adopted pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) with the following intent and purpose:
A. 
To encourage municipal action to guide the appropriate use or development of the lands in the Township of Upper Freehold, in a manner which will promote the public health, safety, morals, and general welfare;
B. 
To secure safety from fire, flood, panic, and other natural and man-made disasters;
C. 
To provide adequate light, air and open space;
D. 
To ensure that the development of individual municipalities does not conflict with the development and general welfare of neighboring municipalities, the County and the State as a whole;
E. 
To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, communities and regions and preservation of the environment;
F. 
To encourage an appropriate and efficient expenditure of public funds by the coordination of public development with land use policies;
G. 
To provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements in order to meet the needs of all New Jersey citizens;
H. 
To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which result in congestion or blight;
I. 
To promote a desirable visual environment through creative development techniques and good civic design and arrangements;
J. 
To promote the conservation of historic sites and districts, open space, energy resources and valuable natural resources in New Jersey and to prevent urban sprawl and degradation of the environment through improper use of land;
K. 
To encourage planned unit developments which incorporate the best features of design and relate the type, design and layout of residential, commercial, industrial and recreational development of the particular site;
L. 
To encourage senior citizen community housing construction;
M. 
To encourage coordination of the various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land;
N. 
To promote utilization of renewable energy sources;
O. 
To promote the maximum practicable recovery and recycling of recyclable materials from municipal solid waste through the use of planning practices designed to incorporate the State Recycling Plan goals and to complement municipal recycling programs; and
P. 
To further the goals and policies of the Master Plan of the Township of Upper Freehold.

§ 35-104 INTERPRETATION OF STANDARDS.

[Ord. No. 34-97 § 81-104]
A. 
The provisions of this chapter shall be held to be minimum requirements.
B. 
Where this chapter imposes a greater restriction than is imposed and required by other provisions of law or by other rules, regulations or resolutions, the provisions of this chapter shall control unless they are preempted by such other provisions, in which case the provisions of this chapter shall nevertheless remain a viable and valid expression of the Township of Upper Freehold's interests and concerns regarding the applicable subject matter.
C. 
Where other laws, rules, regulations or resolutions require greater restrictions than are imposed by this chapter, the provisions of such other laws, rules, regulations or restrictions shall control.

§ 35-105 NUMBER OF PRINCIPAL USES, BUILDINGS AND DWELLINGS PER LOT.

[Ord. No. 34-97 § 81-105]
A. 
Except for "Farms" and unless otherwise specifically permitted by this chapter, no more than one principal use shall be permitted on any one lot.
B. 
Except for "Farms" and unless otherwise specifically permitted by this chapter, no more than one principal building shall be permitted on any one lot.
C. 
Except for "Farms" and unless otherwise specifically permitted by this chapter, no more than one dwelling unit shall be permitted on any one lot.

§ 35-106 PROHIBITED USES.

[Ord. No. 34-97 § 81-106]
Any use not expressly permitted by this chapter is hereby specifically prohibited throughout the Township of Upper Freehold and the following uses and activities are specifically prohibited in any zoning district throughout the Township of Upper Freehold:
A. 
"Billboards" and any signboards, advertising signs or devices not expressly related to the business being conducted on the premises or otherwise specifically permitted by this chapter; and
B. 
"Boarding Houses".

§ 35-107 COMPLIANCE.

[Ord. No. 34-97 § 81-107]
A. 
No building or any other structure shall be erected, enlarged, altered, added to, reduced, moved or changed in use unless in conformity with the applicable requirements of this chapter.
B. 
All applicable requirements of this chapter shall be met at the time a building or any other structure is first erected, enlarged, altered, added to, reduced, moved or changed in use.
C. 
All applicable requirements of this chapter shall apply to the entire structure, whether or not the entire structure was involved in the erection, enlargement, alteration, addition, reduction, moving or change in use.
D. 
No structure or land area in the Township of Upper Freehold shall be used for any purpose or in any manner other than as specified in this chapter and/or in accordance with a site plan or subdivision plat as specifically approved by the Planning Board or Zoning Board of Adjustment, including any conditions of approval.