DATE Posted: August 10, 2026
AN ORDINANCE TO REZONE CERTAIN LOTS WITHIN THE TOWNSHIP OF UPPER FREEHOLD FROM AGRICULTURAL RESIDENTIAL (AR) TO HIGHWAY DEVELOPMENT (HD) WITHIN THE TOWNSIHP OF UPPER FREEHOLD, MONMOUTH COUNTY, NEW JERSEY
WHEREAS, the Township Committee of the Township of Upper Freehold believes it is in the best interest of the Township to rezone certain property within the Township from Agricultural Residential (AR) to Highway Development (HD)
NOW, THEFORE, BE IT ORDAINED by the Township Committee of the Township of Upper Freehold, County of Monmouth, State of New Jersey, that it hereby rezones the following lots as identified on the Tax Maps of the Township of Upper Freehold.
Lots to be Rezoned:
Block 12 Lot 8 Block 12 Lot 8.01 Block 12 Lot 8.02 Block 12 Lot 8.03 Block 12 Lot 8.04 Block 12 Lot 8.05
Any existing single-family homes located on Block 12, Lots 8, 8.01, 8.02, 8.03, 8.04 and 8.05 as of April 6, 2026 may use the Agricultural Residential Zone Bulk requirements for any additions or improvements to the single family home or any accessary structure associated with the single family home.
This ordinance shall take effect upon its passage and publication according to law upon the filing of a certified copy thereof with the Monmouth County Planning Board.
All Ordinances or parts thereof which are inconsistent with or in conflict with this Ordinance or any part hereof are hereby repealed to the extent of said inconsistency.
If the provisions of any Section, subsection, paragraph, subdivision or clause of this Ordinance shall be adjudged invalid by a Court of competent jurisdiction, such Order or Judgment shall not affect or invalidate the remainder of any Section, subsection, paragraph, subdivision or clause of this Ordinance or
any other Ordinance which is referred to herein by reference and to this end, the provisions of this Section, subsection, paragraph, subdivision or clause of this Ordinance are hereby declared to be severable.
This Ordinance shall take effect immediately upon its passage and publication according to
law.
Approved on First Reading: _
Approved, Passed & Adopted: _
DATED: _September 3, 2026____________ ATTEST:
___________________________________ _______________________________
Stanley Moslowski Jr., Mayor Dana L. Tyler, RMC
Municipal Clerk/Administrator
AN ORDINANCE TO AMEND THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF UPPER FREEHOLD BY ALLOWING FOR A CLUSTERING OPTION IN THE AR AGRICULTURAL RESIDENTIAL ZONE DISTRICT
WHEREAS, Upper Freehold Township’s Land Development Ordinance and Regulations include standards that control the location, scale, and type of land uses within the Township; and
WHEREAS, in accordance with section 40:55D-62 of the Municipal Land Use Law, the Upper Freehold Township Committee is charged with adopting zoning standards ordinances relating to the nature and extent of the uses of the land and of buildings and structures thereon in order to protect the general health, safety, and welfare of the public.
NOW, THEREFORE BE IT ORDAINED by the Township Committee of the Township of Upper Freehold, County of Monmouth, that the Land Development Ordinance of the Township of Upper Freehold is hereby amended as follows:
SECTION 1. Section 35-416. Is hereby added as follows:
Section 35-416 Clustering Overlay
1. Cluster Development. In the AR District only, a cluster development application classified as a major subdivision (and major site plan, if applicable) shall be permitted in accordance with the following standards and regulations. The cluster development shall consist of single family, detached dwellings.
2. The tract of lands shall have a minimum of 50 acres.
3. In order to determine the maximum number of lots for cluster development subdivision, a conforming plan of a conventional subdivision shall be submitted based on minimum lot areas required in the AR Zoning District, exclusive of environmentally sensitive lands on-site. The concept plan shall be in sufficient detail to permit the Planning Board to make an informed decision as to the subdivision satisfying all ordinance requirements and in a form that would be acceptable to the Planning Board as a conventional subdivision without the need for any lot area or lot dimension variances or exceptions to subdivision design standards. The plan shall include areas for drainage and roadways. The number of lots on the conventional concept plan shall be the maximum number of lots permitted under the clustering overlay.
4. Natural features such as trees, natural terrain, open waters and natural drainage areas shall be preserved wherever possible in designing any development containing such features. As part of the subdivision or site plan review process, development should be designed to preserve scenic vistas and views of cultural/historic landmarks and of unique geologic and topographic features. The open space lot shall be placed in a conservation easement, with monuments and demarcated with a split race fence.
5. All lots created under this subdivision option shall be deed restricted against further subdivision for the purpose of creating an additional lot or lots.
6. The subdivided residential lot shall meet the following zoning requirements:
a. Minimum lot area: 2 acres
b. Minimum lot width: 200 ft.
c. Minimum lot frontage: 200 ft.
d. Minimum lot depth: 200 feet.
e. Minimum front yard setback: 50 feet.
f. Minimum rear yard setback: 50 feet.
g. Minimum side yard (each): 30 feet.
h. Maximum height: 35 feet.
i. Maximum number of stories: 2.5
j. Maximum Building coverage: 12%.
k. Maximum Lot coverage: 15%.
7. The minimum open space shall be 65% of the total tract area.
8. Areas reserved as permanent open space shall have a minimum contiguous area of not less than three acres, and no portion thereof shall be less than 50 feet in width. At least 40% of the open space shall be uplands. The open space area(s) shall be contiguous to open space on adjoining parcels, where applicable, and shall include areas identified in the Township’s open space and recreation or conservation plans, if any, including greenways.
9. On tracts in areas which are predominantly active agricultural lands or consist of prime agricultural soils or soils of statewide importance, the preservation of agricultural lands and soils shall take precedence. On tracts in areas which are predominantly prime forested areas, the preservation of forested areas shall take precedence.
10. The open space shall be reserved in perpetuity either by dedication for public use or for use by the residents of the development by private covenant or deed restriction for one of the following purposes: undeveloped open space; public or private recreational facilities; conservation of environmentally sensitive features, including, but not limited to, wetlands, aquifer recharge areas, floodplains and wooded areas; and agricultural use.
11. Provision shall be made to ensure suitable maintenance of any area to be reserved by private covenant or deed restriction by the establishment of a property owners’ association or other appropriate organization.
12. The applicant is advised to submit a concept plan of the cluster subdivision for review and comment in accordance with this chapter.
13. All proposed roadways on-site shall be private and under control of a Homeowners Association.
SECTION 2. All Ordinances, or parts thereof, inconsistent with the provision of this Ordinance, and the same are hereby repealed to the extent of such inconsistency.
SECTION 3. Should any section, paragraph, clause or any other portion of the Ordinance be adjusted by a Court of competent jurisdiction to be invalid, such judgement shall not affect or impair the remainder of this Ordinance.
SECTION 4. This ordinance shall take effect upon its passage and publication according to law upon the filing of a certified copy thereof with the Monmouth County Planning Board.
All Ordinances or parts thereof which are inconsistent with or in conflict with this Ordinance or any part hereof are hereby repealed to the extent of said inconsistency.
If the provisions of any Section, subsection, paragraph, subdivision or clause of this Ordinance shall be adjudged invalid by a Court of competent jurisdiction, such Order or Judgment shall not affect or invalidate the remainder of any Section, subsection, paragraph, subdivision or clause of this Ordinance or any other Ordinance which is referred to herein by reference and to this end, the provisions of this Section, subsection, paragraph, subdivision or clause of this Ordinance are hereby declared to be severable.
This Ordinance shall take effect immediately upon its passage and publication according to law.
Approved on First Reading: _
Approved, Passed & Adopted: _
DATED: _September 3, 2026_____________ ATTEST:
______________________________ __________________________
Stanley Moslowski Jr., Mayor Dana L. Tyler, RMC
Municipal Clerk/Administrator
AN ORDINANCE TO AMEND THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF UPPER FREEHOLD TO RENAME THE RESEARCH, OFFICE AND MANUFACTURING (ROM) AND CREATE THE COMMERCIAL-2 (C-2) DISTRICT
WHEREAS, Upper Freehold Township’s Land Development Ordinance and Regulations include standards that control the location, scale, and type of land uses within the Township; and
WHEREAS, in accordance with section 40:55D-62 of the Municipal Land Use Law, the Upper Freehold Township Committee is charged with adopting zoning standards ordinances relating to the nature and extent of the uses of the land and of buildings and structures thereon in order to protect the general health, safety, and welfare of the public.
NOW, THEREFORE BE IT ORDAINED by the Township Committee of the Township of Upper Freehold, County of Monmouth, that the Land Development Ordinance of the Township of Upper Freehold is hereby amended as follows:
SECTION 1. Section 35-408. Is hereby added as follows:
§ 35-408 ROM Research, Office and Manufacturing Commercial -2 (C-2)
1. Principal Permitted Uses On The Land And In Building:
a. Farms, provided that the farm use itself shall have a minimum lot size of five acres and provided further that a farm may have a single-family detached dwelling situated thereon only if the farm is at least six acres in size. Moreover, any single-family dwelling situated on a farm shall be subject to the requirements specified for detached dwellings within the “AR” Agricultural Residential zoning district, except that the minimum lot size requirements specified for the “AR” zoning district shall not apply to detached dwellings situated on farms.
b. Agriculture Support Uses including, but not limited to, feed and supply stores, granaries, and brokerages.
c. Conservation Areas, Open Space, Public Parks, Playgrounds and “Public Purpose Uses”.
d. Offices and Office Buildings.
e. Research Laboratories.
f. Limited Manufacturing.
g. Hotels and Motels.
h. Child Care Centers, licensed by the New Jersey Department of Human Services.
i. “Research, Office & Manufacturing Parks” on tracts of land at least 50 acres in area comprised of any of the above uses.
j. Cellular Antennas as “Conditional Uses” under N.J.S.A. 40:55D-67 (see § 35-601 for conditions and standards).
k. Public Utility Uses as “Conditional Uses” under N.J.S.A. 40:55D-67 (see § 35-601 for conditions and standards).
l. Indoor athletic (inclusive of indoor shooting ranges), exercise, entertainment or recreation facilities of not more than 10,000 square feet in size
m. Entertainment use (exclusive of adult entertainment), i.e. movie theaters, golf driving range, inside and outside, escape room.
n. Retail Sales/Services
o. Adult Day Care
p. Personal Service
q. Professional and Business Office
r. Banking and Fiduciary Instruction
s. Microbrewery
t. Self-storage
C. Maximum Building Height
1. No principal building shall exceed 35 feet in height and 2.5 stories; 3 stories 42 feet
2. No accessory building shall exceed 25 feet in height and two stories for agricultural uses and shall not exceed 15 feet for all other uses; and
3, The exceptions to “Height Limits” specified in Subsection 35-402C of this Chapter shall apply as applicable.
D. Area and Yard Requirements ROM Zone
Lot Area 2 acres
Lot Frontage 200 feet
Lot Width 200 feet
Lot Depth 200 feet
Front Yard Setback 60 feet
Side Yard Setback (each) 30 feet or the height of the principal structure
Rear Yard Setback 50 feet
Lot Coverage 50%
SECTION 2. All Ordinances, or parts thereof, inconsistent with the provision of this Ordinance, and the same are hereby repealed to the extent of such inconsistency.
SECTION 3. Should any section, paragraph, clause or any other portion of the Ordinance be adjusted by a Court of competent jurisdiction to be invalid, such judgement shall not affect or impair the remainder of this Ordinance.
SECTION 4. This ordinance shall take effect upon its passage and publication according to law upon the filing of a certified copy thereof with the Monmouth County Planning Board.
All Ordinances or parts thereof which are inconsistent with or in conflict with this Ordinance or any part hereof are hereby repealed to the extent of said inconsistency.
If the provisions of any Section, subsection, paragraph, subdivision or clause of this Ordinance shall be adjudged invalid by a Court of competent jurisdiction, such Order or Judgment shall not affect or invalidate the remainder of any Section, subsection, paragraph, subdivision or clause of this Ordinance or any other Ordinance which is referred to herein by
reference and to this end, the provisions of this Section, subsection, paragraph, subdivision or clause of this Ordinance are hereby declared to be severable.
This Ordinance shall take effect immediately upon its passage and publication according to law.
Approved on First Reading: _
Approved, Passed & Adopted: _(Not Adopted)
DATED: _______________________
ATTEST:
______________________________ ______________________ Stanley Moslowski Jr., Mayor Dana L. Tyler, RMC Municipal Clerk/Administrator
RE: MEETING NOTICE – Special Meeting
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN in accordance with N.J.S.A. 10:4-18 that a Special Meeting of the Township Committee of Upper Freehold Township has been scheduled for Friday, July 10, 2026, at 1:30 p.m. at the Upper Freehold Township Municipal Building, 314 Route 539, Cream Ridge, NJ. The purpose of the meeting is to discuss Bridge U-33 and Traffic issues and other matters as permitted by law.
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Last Date Posted June 8,2026
AN ORDINANCE CREATING AFFORDABLE HOUSING OVERLAY ZONE DISTRICT 5 IN FURTHERANCE OF THE TOWNSHIP’S FOUTH ROUND AFFORDABLE HOUSING OBLIGATON
PUBLIC NOTICE IS HEREBY GIVEN that this ordinance was finally adopted by the Township Committee of Upper Freehold on June 4, 2026.
Dana L. Tyler, RMC
Municipal Clerk/Administrator
The following Ordinance was introduced at a Regular Business Meeting of the Township Committee of Upper Freehold Township held on June 4, 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 July 17, 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.
ORDINANCE 351-26 CALENDAR YEAR 2026
ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK
(N.J.S.A. 40A:4-45.14)
WHEREAS, the Local Government Cap Law, N.J.S. 40A:4-45.1 et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget to 2.0% unless authorized by ordinance to increase it to 3.5% over the previous year’s final appropriations, subject to certain exceptions; and,
WHEREAS, N.J.S.A. 40A;4-45.15a provides that a municipality may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 3.5% percentage rate as an exception to its final appropriations in either of the next two succeeding years; and,
WHEREAS, the Mayor and members of Township Committee of the Township of Upper Freehold in the County of Monmouth finds it advisable and necessary to increase its CY 2026 budget by up to 3.5% over the previous year’s final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and,
WHEREAS, the Mayor and members of Township Committee hereby determines that a 1.5% increase in the budget for said year, amounting to $47,958.35 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and,
WHEREAS, the Mayor and members of Township Committee hereby determines that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to the final appropriation in either of the next two succeeding years;
NOW THEREFORE BE IT ORDAINED, by the Mayor and members of Township Committee of the Township of Upper Freehold, in the County of Monmouth, a majority of the full authorized membership of this governing body affirmatively concurring, that, in the CY 2026 budget year, the final appropriations of the Township of Upper Freehold shall, in accordance with this ordinance and N.J.S.A. 40A:4-45.14, be increased by 3.5%, amounting to 111,902.82, and that the CY 2026 municipal budget for the Township of Upper Freehold be approved and adopted in accordance with this ordinance; and,
BE IT FURTHER ORDAINED, that any that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years; and,
BE IT FURTHER ORDAINED, that a certified copy of this ordinance as introduced be filed with the Director of the Division of Local Government Services within 5 days of introduction; and,
BE IT FURTHER ORDAINED, that a certified copy of this ordinance upon adoption, with the recorded vote included thereon, be filed with said Director within 5 days after such adoption.
All Ordinances or parts thereof which are inconsistent with or in conflict with this Ordinance or any part hereof are hereby repealed to the extent of said inconsistency.
If the provisions of any Section, subsection, paragraph, subdivision or clause of this Ordinance shall be adjudged invalid by a Court of competent jurisdiction, such Order or Judgment shall not affect or invalidate the remainder of any Section, subsection, paragraph, subdivision or clause of this Ordinance or any other Ordinance which is referred to herein by reference and to this end, the provisions of this Section, subsection, paragraph, subdivision or clause of this Ordinance are hereby declared to be severable.
This Ordinance shall take effect immediately upon its passage and publication according to law.
Approved on First Reading: June 4, 2026
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:
loading area, internal roadway or drive aisle, except fencing integrated with the landscaping plan, shall be 20 feet.
1.0 off- street parking space, regardless of the length of the driveway.
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.
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.
recyclable materials shall be provided as follows:
trash or recycling area.
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
