ORDINANCE No. 209-08
AN ORDINANCE AMENDING THE COMMUNITY COMMERCIAL DISTRICTS AND PROVISIONS IN CHAPTER XXXV ENTITLED “LAND USE REGULATIONS” OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF UPPER FREEHOLD, AS HERETOFORE SUPPLEMENTED AND AMENDED - AMENDS CC DISTRICT BY EXPANDING AND ADDING PERMITTED AND CONDITIONAL USES.
WHEREAS, the Township Committee previously adopted a Land Use Ordinance Section 35-200 DEFINITIONS AND DESCRIPTIONS, Section 35-300 ZONING DISTRICTS AND ZONING MAP, Section 35-400 ZONING REGULATIONS and 35-600 CONDITIONAL USES AND SPECIAL PROVISIONS; and
WHEREAS, The Upper Freehold Township Planning Board on December 13, 2007 adopted a new Land Use Plan; and
WHEREAS, The 2007 Land Use Plan recommended an expansion of the CC Community Commercial District at the northwestern and southeastern corner of CR 539 and Burlington Path and
WHEREAS, The 2007 Land Use Plan recommended the expansion of permitted uses in the CC District, and
WHEREAS, The 2007 Land Use Plan recommended the expansion of conditional uses in the CC District, and
WHEREAS, The Planning Board charged its Planner on March 13, 2008 to review the Land Use Plan and to present to the Board his recommendation on modifying and implementing said Plan, and
WHEREAS, The Board Planner on April 22, 2008 presented his findings to the Board, and
WHEREAS, The Board Planner concurred with the proposed expansion and most of the permitted and conditional uses, and
WHEREAS, the Township Committee at its meeting of July 17, 2008 discussed and agreed to advance the implementation of the Land Use Plan by way of changes to the Land Use Ordinance and
NOW THEREFORE BE IT ORDAINED by the Township Committee of the Township of Upper Freehold, in the County of Monmouth, and State of New Jersey, as follows:
Section 1 Section 35-203 Definitions and Descriptions of The Revised General Ordinances of the Township of Upper Freehold, as heretofore supplemented and amended, is hereby further amended to add a definition for Indoor Recreational Facilities as follows:
Indoor Recreational Facilities and Indoor Aquatic Facilities shall mean facilities designed and equipped with indoor athletic equipment and/or leisure time activities contained entirely within the confines of a building, and open to the public for a fee. Indoor Recreational Facilities may include, but are not limited to, health clubs, aerobic exercise facilities, gymnasiums, golf instruction, batting cages, indoor tennis, areas for certain field activities such as soccer, baseball, lacrosse, ice/roller/field hockey, swimming, diving, water based sports and similar activities, These facilities may also include a waiting area with seats, locker room facilities, pro shops/apparel sales and concessions. Movie theaters shall not be considered Indoor Recreational Facilities.
Section 2 Section 35-303 Zoning Map of The Revised General Ordinances of the Township of Upper Freehold, as heretofore supplemented and amended, is hereby further amended to reflect the expansion of the CC District including Lots 2, 2.01, 2.02 and 2.04 in Block 39 and Lots 8.03, 8.04 and 8.05 in Block 37 which are presently in the AR District as follows
The boundaries of the zoning districts and the areas designated for the optional development alternatives are established on the "Zoning Map" of the Township of Upper Freehold, dated September 2008, which accompanies and is part of this Ordinance.
Section 3 Section 35-407 A of The Revised General Ordinances of the Township of Upper Freehold, as heretofore supplemented and amended, is hereby further amended to reflect the expansion of permitted uses in the CC District as follows
4. Retail Sales Of Services including, but not limited to, dry cleaners, shops for the repair of portable appliances and machines, travel agencies, hair salons and video stores, but excluding commercial dry cleaning plants or non-portable appliance or machine repair shops and
12 Personal health, dance, gym and wellness facilities
Section 4 Section 35-601 N Indoor Recreational Facilities and Aquatic Facilities of The Revised General Ordinances of the Township of Upper Freehold, as heretofore supplemented and amended, is hereby further amended to permit indoor recreational facilities and indoor aquatic facilities as a conditional use in the CC District as follows:
N. Indoor recreational facilities and indoor aquatic facilities with the following conditions
1. Each application shall be accompanied by a certification from the Board of Health that the current septic system and water supply are adequate for the proposed use as an indoor recreational facilities and indoor aquatic facilities.
2. Off-Street Parking
a. No Parking in the front yard.
b. One (1) spaces per 200 (200) square feet of building floor area.
c. See Section 35-511 for other design requirements
3. See section 35-507 C, D, and I
4. See section 35-518 B
5. Minimum Lot size – five (5) acres
6. Maximum FAR - .20
7. Maximum Impervious Coverage 40%
8. Maximum Height – 45 feet
9. All other provisions and requirements for non-residential development in the VN district
Section 5 This ordinance shall take effect immediately upon final adoption, publication and filing of said ordinance with the Monmouth County Planning Board, all in accordance with law.
Section 6 If the provisions of any Section, subsection, paragraph, subdivision or clause of this Ordinance shall be adjudged invalid by a Court of competent jurisdiction, such Order or Judgment shall not affect or invalidate the remainder of any Section, subsection, paragraph, subdivision or clause of this Ordinance, or any other Ordinance, which is referred to herein by reference and to this end the provisions of this Section , subsection, paragraph, subdivision or clause of this Ordinance, are hereby declared to be severable. Should any clause, sentence or other part of this Ordinance be adjudged invalid by a Court of competent jurisdiction, such Judgment shall not affect, impair or invalidate the remainder of this Ordinance.
Approved on First Reading:
Approved, Passed, and
Adopted:
ATTEST: UPPER FREEHOLD TOWNSHIP
COMMITTEE
By: ______________________________ By: ______________________________
Barbara L. Bascom, RMC/CMC Steven J. Alexander
Business Administrator/Township Clerk Mayor