HEARING NOTICE
The following Ordinance was introduced at a Regular Business Meeting of the Township Committee of Upper Freehold Township held on May 7, 2026 and was read for the first time. This Ordinance will be further considered for final passage, at such time as business allows, by the said Township Committee at a meeting to be held June 4, 2026, at the Upper Freehold Municipal Building, 314 Route 539, Cream Ridge, NJ 08514, beginning at 7:00 p.m. All persons interested will be given the opportunity to be heard concerning such ordinance.
Dana L. Tyler, RMC
Municipal Clerk
ORDINANCE 350-26
AN ORDINANCE CREATING AFFORDABLE HOUSING OVERLAY ZONE DISTRICT 5 IN FURTHERANCE OF THE TOWNSHIP'S FOUTH ROUND AFFORDABLE HOUSING OBLIGATON
WHEREAS, the Township of Upper Freehold, County of Monmouth, State of New Jersey, (hereinafter, "Township" or "Upper Freehold") has a demonstrated history of voluntary compliance with its constitutional affordable housing obligations and in fact obtained a Final Round Three Judgment of Compliance and Repose from the Court in the matter captioned In the Matter of the Application of the Township of Upper Freehold, County of Monmouth, Superior Court of New Jersey, Law Division, Docket No. MON-L-002536-15 thereby immunizing the Township from builder remedy litigation until July 1, 2025 (the “Third Round Litigation”) ; and
WHEREAS, on March 20, 2024, Governor Murphy signed into law P.L. 2024, c.2, an Amendment to the 1985 Fair Housing Act (hereinafter "Amended FHA" or "Act") establishing the statutory calculation of the state-wide fair share obligation for the Fourth Round of affordable housing for the time period 2025-2035; and
WHEREAS, the Amended FHA requires the Department of Community Affairs ("DCA") to provide its calculation of every municipality's Fourth Round fair share affordable housing obligations based upon the criteria on the Amended FHA and the DCA issued a report on October 18, 2024 (the "DCA Report") wherein it supplied its calculation of the fair share affordable housing obligation for all municipalities, including the Township of Upper Freehold; and
WHEREAS, the DCA Report calculated Upper Freehold Fourth Round fair share obligations as follows: Present Need (Rehabilitation) Obligation of 35 and a Fourth Round Prospective Need (New Construction) Obligation of 44 affordable housing units; and
WHEREAS, the Township Council adopted Resolution 68-2025 accepting the DCA calculation of the Township Fourth Round affordable housing obligation of a Present Need Obligation of 15 units and a Fourth Round Prospective Need obligation of 70 affordable housing units, subject to the Township's right to a Durational Adjustment in accordance with N.J.S.A 52:27D-311 of the Amended Act; and
WHEREAS, in addition to the above, the Acting Administrative Director issued Directive #14-24 dated December 13, 2024 and pursuant to that Directive, a municipality seeking a certification of compliance with the Act is required to file a legal action in the form of a declaratory judgment complaint within 48 hours after adoption of the municipal resolution of fair share obligations, or by February 3, 2025, whichever is sooner; and
WHEREAS, the Township filed a timely declaratory judgment complaint in accordance with AOC Directive #14-24 known as In the Matter of the Application of the Township of Upper Freehold, County of Monmouth, State of New Jersey, Docket No. MON-L-000319-25 seeking a declaration as to the Township's Fourth Round affordable housing obligation and the approval of the Township's Housing Element and Fair Share Plan (“HESP”) which sets forth the affordable housing mechanisms the Township will implement to satisfy its Fourth Round affordable housing obligation; and
WHEREAS, the Court entered an order on April 1, 2025 setting the Township's Fourth Fair Share obligations of a Present Need of zero units and a prospective need of 70 units and ordered the Borough to file a Housing Element and Fairs Plan by June 30, 2025; and
WHEREAS, the Township filed its HESP with the Court after the Planning Board approved and the Township Council endorsed the HESP setting forth the Borough is entitled to a Vacant Land Adjustment adjusting the Borough's Realistic Development Potential to zero with an unmet need of 70 units, and
WHEREAS, Fair Share Housing enter having filed a letter pursuant to N.JS.A. 52:27D-304.1(f)(2)(b) seeking additional information before the HESP may be approved; and
WHEREAS, the Township and Fair Share having entered into a Consent Order approving the Borough's amended HESP subject to certain conditions which must be met under the Amended FHA; SNF
NOW THEREFORE BE IT ORDAINED by the Township Council of the Township of County of Monmouth, State of New Jersey that it hereby creates the Section 35-416 of the Township Code as follows:
§ 35-416. AFFORDABLE HOUSING OVERLAY ZONE DISTRICT - 5.
A. Purpose. In order to meet its Fourth Round Fair Share Housing Obligation, the Township created an affordable housing overlay zoning district on certain lands in the "AR" Agricultural Residential Zoning District permitting the construction of inclusionary developments which include an affordable housing set-aside affordable in accordance with the applicable rules of the Amended Fair Housing Act in order to meet its constitutional obligation to provide for its fair share of affordable housing.
B. Property Description.
1. The following properties subject to this overlay include:
a. Block 14/Lots 7.12, 7.13, and 7.14
C. Principal Uses Permitted and Required on the Land and in Buildings.
1. Apartments.
2. Townhomes.
D. Accessory Uses Permitted.
1. Common recreational facilities, recreation centers and/or clubhouses as specifically approved by the Planning Board within specified open space areas in order to satisfy the needs of the residential population of the development.
2. Landscaping features including benches, trellises, gazebos and other such features customarily associated with the permitted principal uses, as the case may be.
3. Underground sprinkler systems, provided that the water spray does not extend beyond the landscaped areas or beyond property lines.
4. Fences and walls shall only be permitted if specifically proposed by the developer and approved by the Planning Board as part of the site plan approval and/or if a standard for the location and type of the fences and/or walls has been approved by the Planning Board as part of the site plan approval and has been included in the master association documents (see § 35-505 for design requirements).
5. Patios and decks in the rear yard areas of a townhouse dwelling unit, provided that no patio or deck shall be permitted unless a standard for such patios and/or decks has been approved by the Planning Board as part of the site plan approval and has been included in the master association documents.
6. Off-street car parking and private garages (see Subsection 35-411I herein below for zoning requirements and § 35-511 for design requirements).
7. Signs (see Subsection 35-411K herein below for zoning requirements and § 35-516 for design requirements).
8. Temporary construction trailers and one sign not exceeding 32 square feet, advertising the prime contractor, subcontractor(s), architect, financing institution and similar data for the period of construction beginning with the issuance of a construction permit and concluding one month after the issuance of a certificate of occupancy, provided said trailer(s) and sign are on the site where the construction is taking place, are not on any existing or proposed street or easement, and are set back at least 30 feet from all street and property lines. There shall be at least one working telephone in the trailer.
9. Bicycle parking and related facilities are encouraged.
E. Development Standards.
1. The standards contained in the Affordable Housing Overlay shall supersede the existing AR district standards for density, area, yard, frontage, height, and other bulk requirements. The remaining provisions of the Upper Freehold Township Land Use and Zoning regulations shall apply as appropriate.
a. Maximum Building Heights.
1) No principal townhouse or apartment building shall exceed 35 feet in height and 2 1/2 stories.
2) No recreation center building or clubhouse building shall exceed 32 feet in height and 2 1/2 stories.
3) No other accessory building, as may be approved by the Planning Board, shall exceed 25 feet in height and 1 1/2 stories.
4) See Subsection 35-402C for permitted exceptions.
b. Yard and Distance Requirements.
1) The minimum distance between any buildings shall be 20 feet.
2) The minimum setback from the tract boundary line for any parking area,
loading area, internal roadway or drive aisle, except fencing integrated with the landscaping plan, shall be 20 feet.
3) For townhouse fee simple lots and buildings, a minimum twenty-foot front and rear yard area shall be provided.
c. Requirements for Buildings.
1) The exteriors of all buildings in a development, including any accessory buildings, shall be architecturally compatible and shall be constructed of complementary materials.
2) Where a building faces a street, driveway or off-street parking area, the building also shall have a front facade facing the street, driveway or off-street parking area.
3) All buildings shall have a dual-pitched, single-ridge roof (such as gable, hip, gambrel or mansard roof) with a minimum pitch of one foot vertical to 12 feet horizontal, and no flat roof shall be permitted.
4) The mechanical equipment serving the building(s) shall be screened from public view by the design of the building and/or by landscaping features integrated with the overall design of the building(s).
5) Efforts should be made to avoid concentrating affordable housing units within a single building, separate from market rate units.
d. Off-Street Parking, Private Garages, Driveways and Off-Street Loading.
1) Notwithstanding any other ordinance provisions to the contrary, each individual use shall be provided off-street parking spaces according to the following minimum provisions, provided that, in accordance with the Residential Site Improvement Standards (RSIS), the Planning Board can grant a de minimus exception and design waiver for a lesser number of parking spaces if the applicant can demonstrate that a lesser number of spaces is sufficient.
(a) Townhouses shall be provided 1.8 off-street spaces for each one-bedroom unit, 2.3 spaces for each two-bedroom unit, and 2.4 spaces for each three-bedroom townhouse unit. Where the bedroom count per dwelling unit is not specified, 2.3 spaces per unit shall be provided.
(b) Apartments shall be provided 1.8 off-street spaces for each one-bedroom unit, 2.0 spaces for each two-bedroom unit, and 2.1 spaces for each three- bedroom apartment unit. Where the bedroom count per dwelling unit is not specified, 2.0 spaces per unit shall be provided.
(c) For any residential unit, each garage space shall be counted as
1.0 off- street parking space, regardless of the length of the driveway.
[1] A one-car garage and driveway combination shall count as two off-street parking spaces for the subject unit, provided that the driveway measures a minimum of 18 feet in length between the face of the garage door and the right-of-way or between the face of the garage door and a sidewalk, whichever distance is less.
[2] A two-car garage and driveway combination shall count as
3 1/2 off-street parking spaces for the subject unit, provided that the driveway measures a minimum of 20 feet in width for a minimum 18 feet in length between the face of the garage door and the right- of-way or between the face of the garage door and a sidewalk, whichever distance is less.
2) All off-street parking spaces shall be located within 150 feet of the nearest building entrance of the townhouse unit or the apartment building for which the spaces are provided.
3) No residential dwelling unit shall have direct vehicular access to Route 524.
e. Density Requirements.
1) On Block 14, Lots 7.12, 7.13, and 7.14, a maximum density of 11 dwelling units per acre shall be permitted for rental housing, and/or a maximum density of six dwelling units per acre for for-sale housing.
F. Affordable Housing Requirements.
1. At least 20% of all rental units shall be set aside for affordable housing as defined in N.J.A.C 5:97.4
2. At least 20% of all for-sale units shall be set aside for affordable housing as defined inN.J.A.C 5:97.5
3. At least 50% of the affordable units shall be affordable to very-low- and low-income households. If only one affordable unit is created in a project, the unit shall be a very- low- or low-income unit.
4. At least 13% of the total number of affordable rental units shall be affordable to very- low-income households.
5. The affordable units shall be affirmatively marketed to the housing region in accordance with the Township's Affirmative Marketing Plan.
6. Affordability controls shall be maintained for a minimum of 30 years for for-sale units and a minimum of 40 years for rental units.
7. Rental increases shall be in accordance with percentage approved by the Amended Fair Housing Act, the Uniform Housing Affordability Controls and/or its successors and assigned pursuant to applicable laws.
8. All affordable units shall be subject to the provisions of the Township's Affordable Housing Ordinance.
G. Trash and Recycling Requirements. Unless the curbside pickup of trash and recyclable materials is proposed by the applicant and approved by the Planning Board, an indoor or outdoor recycling area for the collection and storage of trash and recyclable materials shall be provided as follows:
1. The trash and recyclable material collection and pickup location shall be provided either within the building being served or in a nearby location outside the building.
2. If located outside the building, the trash and recyclable materials area shall include a steel-like, totally enclosed trash and garbage container and recyclable bins and shall be located in a manner to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence or wall finished with materials used to construct the building(s) being served.
3. The dimension of the recycling area shall be consistent with the district recycling plan adopted pursuant to Section 3 of P.L. 1987, c.102 (N.J.S.A. 13:1E-99.13), as amended, and shall be sufficient to accommodate recycling bins or containers which are of adequate size and number, and which are consistent with anticipated usage and with current methods of collection.
4. The area provided for the collection and pickup of recyclable materials shall be well lit and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling areas, and the bins or containers placed therein, against theft of recyclable materials, bins or containers.
5. The area provided for the collection and pickup of recyclable materials, and the bins or containers placed therein, shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard, and which are located in an outdoor recycling area, shall be equipped with a lid, or otherwise covered so as to keep the paper or cardboard dry.
6. Signs clearly identifying the area provided for the collection and pickup of recyclable materials shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.
7. Landscaping, at least six feet in height at maturity, shall be provided around any outdoor trash or recycling area.
H. Permitted Signage.
1. One ground-mounted freestanding sign identifying the name of the development no larger than 50 square feet shall be permitted at the entrance to the development from Route 539.
a. The sign shall not exceed 10 feet in height and shall be set back at least 10 feet from all street and property lines.
b. Any sign illumination shall be external to the sign and shall be designed and oriented to prevent any sight of the lamp from any street or neighboring properties.
2. Additional signage within the interior of the site may be approved by the Planning Board for directional purposes or for other good cause shown by the applicant as part of the site plan approval.
I. Required Recreational Facilities. The development shall provide on-site recreational amenities within the specified open space in order to satisfy the needs of the anticipated residential population of the development.
1. For Block 14, Lots 7.12, 7.13, 7.14, a minimum area of 5% of the developable area, being at least 50 feet in width with a grade less than 5%, shall be required to be developed for active recreation.
2. All recreational facilities shall adhere to the standards set forth in the Barrier Free Subcode of the Uniform Construction Code of the State of New Jersey.
J. General Requirements.
1. Any development shall be planned and developed with a common architectural theme which shall be subject to review and approval by the Planning Board; the architectural theme shall include the appearance of buildings, signs, fencing, lighting, paving, curbing, and landscaping.
2. No development or improvements shall be constructed on any critical areas on the property.
3. Any development shall require that adequate sewage treatment and potable water facilities be provided.
4. No construction permit shall be issued for any dwelling unit, an addition thereto, or for an accessory structure unless the proposed construction is in accordance with the site plan as approved by the Planning Board. After the initial approval of the site plan, no application for a construction permit will be accepted by the Township for processing unless the application is accompanied by a statement from the master association that the proposed construction has been approved by the master association.
5. All portions of the tract not covered by buildings or structures (e.g., parking lots, parking spaces, loading areas, access aisles, driveways, sidewalks, walkways, curbs,trash enclosures, etc.) shall be suitably landscaped with grass, shrubs, and trees and shall be maintained in good condition.
If any section, subsection, paragraph, sentence or any other part of this Ordinance is adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance.
Effective Date
This ordinance shall take effect upon its passage and publication, as required by law.
This Ordinance shall be in full force and effect from and after its adoption and any publication as may be required by law.
Approved on First Reading: May 7, 2026
Approved, Passed & Adopted:
DATED: _______________________ ATTEST:
___________________________________ ______________________
Stanley Moslowski Jr, Mayor Dana L. Tyler, RMC
Municipal Clerk/Administrator
5/16/26 ($440.88)