Article XIII: Zone Regulations
§ 190-125 Rural Residential RR.

The Rural Residential RR Zone encompasses lands with a prevailing high-water table and sensitive environmental features including regional aquifer recharge areas, broad floodplains, headwaters and tributaries of major streams which are designated for future surface water reservoir use, and wetlands soils. These circumstances require differentiation of densities based upon the availability of public sanitary sewer and public water service.

A. Permitted uses:

(1) Farms.

(2) Public parks and playgrounds.

(3) Public buildings.

(4) Single-family dwellings.

(5) The keeping of horses or ponies subject to the following requirements:

(a) Not more than one horse or pony shall be kept on a lot of approximately two acres in size (80,000 square feet), provided it is enclosed in a pen or corral containing at least 3,000 square feet, including a structure containing a box stall of approximately five by eight feet plus 100 square feet for feed and tack room, and further provided that such structure is not closer than 40 feet to adjacent property lines. All fencing shall be at least five feet from any property line.

(b) Not more than three horses or ponies shall be kept on a lot of approximately three acres, provided that they are enclosed in a pen or corral containing 3,000 square feet for the first horse or pony and 2,000 square feet for each additional horse or pony, including a structure containing box stalls of approximately 100 square feet and/or straight stalls of approximately five by eight feet per horse and further provided that such structures are not closer than 40 feet to adjacent property lines. An additional acre shall be required for each additional horse.

(c) Stable management.

[1] Stables must be maintained free of offensive odors, fly-breeding or other horse connected nuisances.

[2] Manure must be collected and disposed of in a sanitary manner.

B. Permitted accessory uses.

(1) Private garage with a maximum capacity for garaging no more than three automotive vehicles, whether attached and/or within a freestanding accessory building, which garaging area shall not exceed 24 feet by 36 feet and 864 square feet. [Amended 9-24-2013 by Ord. No. O-13-30]

(2) A single toolshed or similar storage building not exceeding 192 square feet in building area.

(3) Private swimming pools.

(4) Fences.

(5) Signs.

(6) Outdoor barbecue structures.

(7) Shelters for domestic pets, provided that the building area does not exceed 30 square feet.

(8) Essential utilities.

(9) Farm storage sheds and barns.

(10) Aboveground heating oil storage tanks.

(11) Gazebo, pergola, arbor or similar open structure not exceeding 192 square feet in building area and not exceeding 16 feet in height. [Added 4-28-2009 by Ord. No. O-09-10]

C. Uses permitted subject to issuance of a conditional use permit. [Amended 12-27-2005 by Ord. No. O-05-48]

(1) Veteran and service organization facilities.

(2) Campgrounds.

(3) Golf courses and country clubs.

(4) Houses of worship. [Amended 9-25-2007 by Ord. No. O-07-25]

(5) Cemeteries.

(6) Public, private and parochial schools.

(7) Cluster development.

D. Area, yard and building requirements: as specified in Schedule C at the end of this chapter.

§ 190-126 Rural-Environmental Zone R-E.

The Rural-Environmental R-E Zone encompasses lands within the Manasquan River, Toms River, and Metedeconk River watersheds and their tributaries in areas that are not serviced by public sewers. The R-E Zone contains lands with a prevailing high-water table, freshwater wetlands, floodplains, and other sensitive environmental features including regional aquifer recharge areas, broad floodplains and freshwater wetland areas and lands that are surrounded by or drain to these lands. The headwaters and tributary areas of the Manasquan and Metedeconk Rivers contribute to surface waters that are utilized or planned for reservoirs for surface water for potable water purposes. The R-E Zone also provides for the designation of the nationally significant historic Monmouth Battlefield State Park and maintains the historic and scenic rural roadways that traverse the Turkey Swamp area of Freehold Township.

A. Permitted uses: same as RR Rural Residential zone.

B. Permitted accessory uses: same as RR Rural Residential Zone.

C. Uses permitted subject to issuance of a conditional use permit:

(1) Campgrounds.

(2) Golf courses and country clubs.

(3) Houses of worship. [Amended 9-25-2007 by Ord. No. O-07-25]

(4) Cemeteries.

(5) Accessory apartment.

(6) Cluster development.

D. Area, yard and building requirements: as specified in Schedule C at the end of this chapter.

§190-127 Rural Residential/Planned Adult Community (RR/PAC) Zone District.

In addition to the uses permitted in the R-R (Rural Residential) Zone District, in the RR/PAC Zone District, single-family detached residential cluster development shall be permitted, consisting of single-family detached age-restricted adult housing units and community amenities as provided for herein, subject to the following standards and requirements:

A. General tract requirements.

(1) The minimum gross tract area for a planned retirement community shall be 200 acres.

(2) The development shall be serviced by public water supply and public sanitary sewer facilities.

(3) The density of development in the RR/PAC Zone District shall not exceed 1.5 units per gross acre.

(4) The development shall have a minimum of two access points to a public road.

(5) Not more than 20% of the entire tract shall be covered by buildings.

(6) Not more than 40% of the entire tract shall be covered by impervious surface.

B. Building requirements. Only age-restricted single-family detached dwelling units and community facilities shall be permitted and all residential lots shall conform to the following schedule:

(1) Minimum lot area: 5,500 square feet.

(2) Minimum lot frontage: 50 feet; except that on a cul-de-sac or street with a curved alignment having an outside radius of 500 feet or less, lot frontage shall not be less than 75% of the required lot frontage. For corner lots, the smaller of the two lot lines coexistent with the street line shall be considered the lot frontage.

(3) Minimum lot depth: 100 feet except 110 feet if lot will contain a rear yard drainpipe.

(4) Minimum lot width: 55 feet at the front building setback line.

(5) Minimum front setback line: 20 feet.

(6) Minimum side yard: seven feet; driveways shall have a side yard setback of five feet, except that on a cul-de-sac or street with a curved alignment, the side yard setback for the driveway may be reduced to two feet at the front lot line.

(7) Minimum rear yard: 20 feet.

(8) Maximum building height: 30 feet and two stories, the front elevation shall not give an appearance of greater than 1 1/2 stories.

(9) Maximum impervious lot coverage: 65%.

(10) Decks/patios: same as principal structures except rear yard setback: 10 feet.

(11) Sheds: not permitted.

(12) Minimum building size: 1,300 square feet of habitable floor area, with a minimum of an attached one-car garage and a minimum 80 cubic feet of storage space in addition to standard closets.

C. Recreation and common elements. A planned adult community shall provide developed and undeveloped open space and common recreational or community facilities for the exclusive use of its residents, in accordance with the following standards:

(1) Not less than 30% of the gross tract area shall be devoted to common open space, and such common open space shall be restricted, owned and maintained by a homeowner's association. The common open space may include man-made lakes. All critical areas on the site, including wetlands, floodplains and the like, shall be encompassed within the common open space provided.

(2) There shall be not less than 15 square feet of floor space per dwelling unit provided in a community or clubhouse building, which building shall have a minimum floor area of at least 5,000 square feet. Such facility shall be designed and equipped to meet the social and recreational needs of the anticipated residents. This may include hobby and craft rooms, lounge areas, meeting rooms, card rooms, kitchen, social hall, rooms providing support facilities for outdoor recreation facilities or other similar facilities, as required to meet the needs of persons 55 years of age and older. The building shall not exceed two stories or 35 feet in height.

(3) Within the common open space, facilities shall be included for outdoor recreational use, storage and maintenance. These facilities shall include, as a minimum, a tennis court and an inground swimming pool and their related improvements, such as parking, lighting and ancillary buildings, and may also include, by way of illustration and not limitation, picnic areas, walking, jogging and bicycle paths, paddle boat facilities, fishing areas, shuffleboard, bocce and horseshoe courts, other racquet sport courts, chipping and putting greens, a practice golf course and other appropriate facilities.

(4) The community clubhouse and pool shall be operational on or prior to the issuance of certificates of occupancy for 50% of the approved residential units.

D. Perimeter setback requirements. No buildings or structures, other than roadways, access drives, walking, jogging and bicycle paths, walkways, entrance gatehouses, walls, fences, or drainage facilities and utility structures, shall be located within 50 feet of any exterior tract boundary, and the outer 25 feet of the perimeter setback shall be designated as a landscape/conservation easement.

E. Deed restrictions. Approval of a planned adult community shall be conditioned upon the placement of restrictive covenants on the deeds to any and all portions of the tract so developed to:

(1) Insure that the age-restricted units qualify as "55 or over housing" within the meaning of the Federal Fair Housing Act. The age-restrictive covenants shall be subject to review by the Township Attorney.

(2) Garages shall not be converted to habitable space.

F. Other ordinances. In the event of any conflict between the provisions and requirements of this section and the provisions and requirements of any other subsections, the provisions and requirements of this section shall govern.

§ 190-128 Residential Zone R-120.

A. Purpose. The purpose of the R-120 Residential Zone is to permit low-intensity residential development within the Lake Topanemus Watershed area in order to minimize stormwater runoff and subsurface drainage pollution in accordance with the requirements of the Lake Topanemus Watershed Conservation District requirements.

B. Permitted uses:

(1) Farms, provided that no livestock or horse farms shall be permitted.

(2) Single-family dwellings.

(a) On minimum lot size and yard area requirements: in accordance with Schedule C at the end of this chapter.

(b) On variable lot sizes: in accordance with § 190-161.

(3) Public parks and playgrounds.

(4) Public buildings.

C. Permitted accessory uses: same as R-R Zone.

D. Uses permitted subject to issuance of a conditional use permit. (Reserved) [Amended 5-13-2003 by Ord. No. O-03-11]

E. Area, yard and building requirements: as specified in Schedule C at the end of this chapter.

§ 190-129 Residential Zone R-80.

A. Permitted uses:

(1) Farms.

(2) Single-family dwellings. [Amended 12-27-2005 by Ord. No. O-05-48]

(a) On minimum lot size and yard area requirements: in accordance with Schedule C at the end of this chapter.

(3) Public parks and playgrounds.

(4) Public buildings.

(5) Keeping of horses and ponies in accordance with § 190-125A(5) in the RR Zone District.

(6) Houses of worship on principal arterial highways, minor arterial highways, major collector streets, minor collector streets and collector streets as defined and listed in the Circulation Plan Element of the Freehold Township Master Plan. Houses of worship shall be required to have a one-hundred-foot front yard setback and seventy-five-foot side yards, but otherwise shall be governed by the P-1 Zone in terms of other bulk standards, building coverage, impervious surface coverage and other site design standards. [Added 6-17-2008 by Ord. No. O-08-11]



(7) Planned adult community. A planned adult community is permitted as an overlay zone on Block 96, Lots 22, 24, 25 and 26, east of Jackson Mills, north of Georgia Road, in accordance with a settlement agreement in the matter of Isaacs Estate et al. vs. Mayor and Township Committee of the Township of Freehold in accordance with the following:

(a) General tract requirements.

[1] The minimum gross tract area for a planned retirement community shall be 40 acres.

[2] The development shall be serviced by public water supply and public sanitary sewer facilities.

[3] The density of development in the PAC Overlay Zone District shall not exceed 1.9 units per gross acre and shall not exceed the following number of dwelling units: Lots 22 and 24: 75 dwelling units combined. If Lot 25 and/or Lot 26 are added to the PAC, additional PAC dwellings may be added as follows: Lot 25: 2 dwelling units, and Lot 26: 2 dwellings.

[4] Not more than 20% of the entire tract shall be covered by buildings.

[5] Not more than 40% of the entire tract shall be covered by impervious surface.

(b) Building requirements. Only age-restricted single-family detached dwelling units and community facilities shall be permitted, and all residential lots shall conform to the following schedule:

[1] Minimum lot area: 6,600 square feet.

[2] Minimum lot frontage: 55 feet; except that on a cul-de-sac or street with a curved alignment having an outside radius of 500 feet or less, lot frontage shall not be less than 75% of the required lot frontage. For corner lots, the smaller of the two lot lines coexistent with the street line shall be considered the lot frontage. [Amended 4-24-2007 by Ord. No. O-07-9]

[3] Minimum lot width: 55 feet at the front building setback line. [Amended 4-24-2007 by Ord. No. O-07-9]

[4] Minimum lot depth: 110 feet.

[5] Minimum front setback line: 20 feet.

[6] Minimum side yard: seven feet; driveways shall have a side yard setback of five feet, except that on a cul-de-sac or street with a curved alignment, the side yard setback for the driveway may be reduced to two feet at the front lot line.

[7] Minimum rear yard: 20 feet. The projection of two feet or less of a fireplace or chimney shall not be deemed a violation of the rear yard requirements.

[8] Maximum building height: 30 feet and two stories; the front elevation shall not give an appearance of greater than 1 1/2 stories.



[9] Maximum impervious lot coverage: 60%.

[10] Decks/patios: same as principal structures except rear yard setback: 10 feet.

[11] Sheds: not permitted.

[12] All PAC dwelling units shall, as a minimum, provide an attached one-car garage and a minimum 80 cubic feet of storage space in addition to standard closets.

(c) Recreation and common elements. A planned adult community shall provide developed and undeveloped open space and common recreational or community facilities for the exclusive use of its residents in accordance with the following standards:

[1] Not less than 30% of the gross tract area shall be devoted to common open space, and such common open space shall be restricted, owned and maintained by a homeowners' association. The common open space may include man-made lakes. All critical areas on the site, including wetlands, floodplains and the like, shall be encompassed within the common open space provided.

[2] There shall be not less than 15 square feet of floor space per dwelling unit provided in a community or clubhouse building, which building shall have a minimum floor area of at least 1,200 square feet. Such facility shall be designed and equipped to meet the social and recreational needs of the anticipated residents. This may include hobby and craft rooms, lounge areas, meeting rooms, card rooms, kitchen, social hall, rooms providing support facilities for outdoor recreation facilities or other similar facilities, as required to meet the needs of persons 55 years of age and older. The building shall not exceed two stories or 35 feet in height.

[3] Within the common open space, facilities shall be included for outdoor recreational use, storage and maintenance. These facilities shall include, as a minimum, a tennis court and their related improvements, such as parking, lighting and ancillary buildings, and may also include, by way of illustration and not limitation, picnic areas, walking, jogging and bicycle paths, paddle boat facilities, fishing areas, shuffleboard, bocce and horseshoe courts, other racquet sport courts, chipping and putting greens and other appropriate facilities.

[4] The community clubhouse shall be operational on or prior to the issuance of certificates of occupancy for 50% of the approved residential units.

(d) Perimeter setback requirements. No buildings or structures, other than roadways, access drives, walking, jogging and bicycle paths, walkways, entrance gatehouses, walls, fences or drainage facilities and utility structures, shall be located within 50 feet of any exterior tract boundary, and the outer 25 feet of the perimeter setback shall be designated as a landscape/conservation easement.

(e) Deed restrictions. Approval of a planned adult community shall be conditioned upon the placement of restrictive covenants on the deeds to any and all portions of the tract so developed to:

[1] Insure that the age restricted units qualify as "55 or Over Housing" within the meaning of the Federal Fair Housing Act (42 USC 3601 et seq.) and applicable United States Department of Housing and Urban Development Regulations. The age restrictive covenants shall be subject to review by the Township Attorney.

[2] Garages shall not be converted to habitable space.

(f) The PAC development shall comply with all applicable requirements of the New Jersey Residential Site Improvement Standards, the New Jersey Stormwater Management Regulations and the Americans with Disabilities Act.

(g) The PAC development shall provide 12.5% of all units as affordable housing units in accordance with N.J.A.C. 94-1 et seq. and the provisions of Article XX, Affordable Housing.

(h) Other ordinances. In the event of any conflict between the provisions and requirements of this subsection and the provisions and requirements of any other subsections, the provisions and requirements of this subsection shall govern.

B. Permitted accessory uses: same as R-R Zone.

C. Uses permitted subject to issuance of a conditional use permit:

(1) Public, private or parochial schools.

(2) Accessory apartment.

D. Area, yard and building requirements: as specified in Schedule C at the end of this chapter.