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IV. LAND USE PLAN

(Adopted 11/13/00, revised 4/1/02)

The Municipal Land Use Law (MLUL) requires a Land Use Plan element as a prerequisite for adoption of municipal zoning and land development regulations. The element should provide the rational planning basis and justification for such municipal regulations. Specifically, C.40:55D-28 of the MLUL requires that the Land Use Plan element shall:

    "Take into account and state its relationship to the statement (Chapter II of this plan), and the other master plan elements and natural conditions including, but not necessarily limited to topography, soil conditions, water supply, drainage, flood plain areas, marshes and woodland, showing the existing and proposed location, extent and intensity of development of land to be used in the future for varying types of residential, commercial, industrial, agricultural, recreational, educational and other public and private purposes or combination of purposes; and stating the relationship thereof to any existing or proposed zone plan and any proposed zone plan and zoning ordinance."

     

OVERVIEW / EXECUTIVE SUMMARY

Mendham Township is a low-density residential community with significant sensitive land characteristics and a limited infrastructure base. Its future land use policies should be designed to protect and continue these characteristics, especially regionally important water resources. Overall future land use planning should be limited to very low-density residential uses consistent with the established rural/historic land use pattern and in balance with a limited infrastructure base and environmentally sensitive land characteristics. Of particular importance, the findings of a study of Township groundwater resources, prepared by the Township environmental consultants, should form the foundation of the Township’s future land use planning. The Land Use Plan in the previous Township Master Plan is inconsistent with the findings and recommendations of that Study. As a result, changes in minimum lot size requirements are recommended to bring the amount of future development potential into balance with the Study’s findings. This element is organized into three major parts:

        Part 1. A listing of the key future land use objectives that should guide Township public policies affecting land development.

        Part 2. A summary of the important assumptions and principles that form the foundation for future land use planning in Mendham Township:

        · Existing land use patterns

        · Cultural principles and assumptions

        · Environmental limitations

        · Groundwater resource limitations

        · Public infrastructure limitations

        · Regional responsibilities

        Part 3. The recommended Future Zone Plan that should guide Township zoning and development regulations including the following specific land use planning recommendations:

        · Overall recommendations to guide land use regulation

        · Recommendations for increasing lot size

        · Recommendations for maintaining the traditional relationship of house to lot size

        · Recommendations for flexible zone standards

        · Recommendations to discouraging the unwarranted extensions of public roads

        · Recommendations to preserve bridle trails

         

PART 1 - LAND USE OBJECTIVES

Land use planning in Mendham Township should be generally guided by the goals and objectives outlined in Chapter III STATEMENT OF OBJECTIVES, PRINCIPLES, ASSUMPTIONS AND POLICIES UNDERLYING THE MASTER PLAN. In addition, following are the key objectives specifically relating to land use. The key principles and assumptions that relate to these objectives are discussed in succeeding sections of this plan.

     

    1. Mendham Township has a limited infrastructure base only suitable for very low density of overall development. Major improvements to that base would be prohibitively expensive, contrary to environmental planning goals and inconsistent with the policies of the New Jersey State Development and Redevelopment Plan. The future densities and intensities of development in Mendham Township should not exceed the capacities of the existing infrastructure to support it.

    2. The Township should recognize and continue to address its constitutional responsibility to provide for its fair share of affordable housing for its region.

    3. Development adversely affects the quality of groundwater resources. The Township has an obligation to limit the total amount of development to that which can be supported by the Township’s groundwater resources to protect the public health of those that depend on those resources. Groundwater quality should not be allowed to degrade below standards established by the United States Environmental Protection Agency and the New Jersey Department of Environmental Protection.

    4. The Township’s land use regulations should be designed to protect the high-quality headwaters of public surface water supplies located within its boundaries and to minimize downstream flooding.

    5. The Township’s land use policies should promote the preservation of its traditional rural/historic character.

     

PART 2 – ASSUMPTIONS AND PRINICIPLES THAT SHOULD GUIDE

FUTURE LAND USE AND ZONE PLANNING IN MENDHAM TOWSHIP

EXISTING LAND USE PATTERNS

THAT SHOULD AFFECT FUTURE DEVELOPMENT

Throughout Mendham Township there is a well established land use pattern of residential neighborhoods. The various neighborhoods exhibit distinct characteristics described below. The preservation and perpetuation of these characteristics should be one of the primary considerations and objective in the Township’s future land use and zone planning policies.

Overview

Mendham Township is primarily a residential community of single-family homes. Most are on relatively large lots in excess of one acre and many are on very large lots in excess of three acres. The Township looks to Mendham Borough as its community "center" for commercial and service needs. Together the Borough and Township form a Community of Place. The only area of primarily non-residential land use is the small area in Brookside centered on Main Street, Cherry Lane and Woodland Road. This area is made up of public uses (mainly municipal) and one commercial use. The commercial and service needs of Township residents are provided for in Mendham Borough and Morristown (the traditional town and regional centers). This regional interrelationship is mutually beneficial and is consistent with the intent of the New Jersey State Development and Redevelopment Plan.

Brookside

The Brookside area contains most of the important Township institutions (Municipal Building, Municipal Court, Post Office, Library, Fire Company, First Aid Squad, Community Club, Church, Elementary School and Police Dept.) and as such is the center of Township municipal interaction. Its character is, however, still primarily residential, made up of two closely associated neighborhood areas, the older historic Brookside and the newer neighborhoods to the south and northeast. The older portion of Brookside is included within the Brookside Federal and State Registered Historic District centered on East and West Main Streets. This neighborhood retains a strong sense of a traditional rural village with narrow winding roads and large concentration of historic buildings (the largest in the Township), geographically centered upon the narrow valley of the Whippany River. In accordance with the historic pattern, lot sizes vary widely but most are relatively small with homes of small to moderate size. Also in accordance with historic patterns, setbacks vary widely with many homes located relatively close to the road. The newer Brookside area contains neighborhoods with a distinct character located to the south and east of historic Brookside. This area was established largely as subdivision developments in the 1950’s and 60’s. Typical of the era, its character can be characterized by relative uniformity in road design, lot size (relatively small), setbacks, home design and home size (small to moderate). Many homes in this area are single-story "ranch style" in contrast to the two-story "colonial" common to most of the Township. Before subdivision development, this area was largely open farmland; thus trees are still relatively immature.

Washington Valley Area

This area is directly to the east of Brookside and lies in a valley where many small streams meander through meadows into the Whippany River. The character of this area is similar to the Historic Brookside area except that the lots are larger. Mendham Township’s portion of the Washington Valley Historic District is located within this area. A large portion of the National and State Registered Historic District extends into the adjacent part of Morris Township. This area was originally farmlands with many cow pastures, and still surviving historic farmhouses. This neighborhood is centered on the narrow, winding and historic Washington Valley Road and on the historic brick schoolhouse located in Morris Township at the fork of Washington Valley Road and Schoolhouse Lane. The character of this area is also heavily influenced by large areas of preserved public open space.

Tempe Wick / Corey Lane Area

This residential area is centered on these two collector roads but includes other local Township roads tributary to them. Its character is still heavily influenced by the many historic homes prominent on these two old, narrow, winding, collector roads. The area is heavily forested with many large old trees and hilly terrain with numerous small streams that are the headwaters of the Passaic River and Great Swamp National Wildlife Refuge. The Tempe Wick Federal and State Registered Historic District, Lewis Morris Park, and the Morristown National Historical Park are all located in this area. Together, these features heavily influence the area’s rural historic character. It also contains numerous recent subdivision developments of a distinctly modern character on relatively wide and straight roads. These, however, are visually less prominent because of their location off of the historic collector roads. Lot sizes and setbacks of historic homes vary widely in accordance with historic rural patterns but lots are generally large and front setbacks small. Historic homes are generally small to moderate in size. In the newer subdivisions, homes are generally larger, especially those built in recent years. Lot sizes and setbacks are generally large and more uniform than historic properties.

Northern Highland Area

This residential area encompasses the entire northernmost portion of the Township extending from Morris Township on the east to Chester Township on the west. It contains the Combs Hollow and proposed India Brook Historic Districts. Although these districts contain many historic homes, the overall character of the area has been heavily influenced by modern subdivision developments, especially those built since the 1970’s. These newer developments can be characterized as containing moderate to large colonial style homes on uniformly sized (albeit large) lots and with uniform setbacks. Home sizes in the most recent developments are very large. The area contains a combination of narrow winding historic roads and newer subdivision roads that are relatively wide and straight. The area is hilly, geographically the highest in the Township, heavily forested with numerous large public open space areas, vacant tracts of undeveloped private land, and watershed areas. Numerous high-quality forest covered streams are located in this residential area heavily influencing its character.

Roxiticus Valley Area

This residential area encompasses the entire southwestern portion of the Township. The Ralston Historic District is located in this area with a significant number of historic homes on narrow winding historic roads. The area has a rolling topography with a combination of wooded hills and, until recently, a significant amount of open farmland. Although these features still influence the area’s character, recent development is significantly impacting that character. The new development is primarily "estate size and style" homes that are visually prominent especially because many were built on what was previously open farm fields. The area contains the Schiff Reservation which includes 310 acres of preserved open space. The character of the area is still heavily influenced by open areas, both publicly and privately owned.

Cluster Development Neighborhoods

There are three developments, Drakewick, Mountain View and Brookrace, that were comprehensively planned and developed in recent years as part of the Township’s affordable housing program. As modern "planned clustered developments" they have their own characteristics defining them as distinct neighborhoods. Homes are typically of moderate size and lots are relatively small in comparison to most other neighborhoods. Areas of common open space have been set aside and incorporated into the design of these neighborhoods. In particular as part of the Brookrace development, a large portion of the development area was set aside as permanent preserved open space.

House Size in Relationship to Property Size Characteristics

The various neighborhoods in the Township exhibit established patterns of house size in relation to lot size. This pattern is changing in recent years. Many new homes are more than double the size of a more typical house, on lots only meeting the minimum zoning requirements. They appear out of proportion with their lots and disrupt the established neighborhood character, substantially reducing the sense of space and openness enjoyed by all. This trend is also resulting in existing homes of small to modest size being torn down or otherwise converted to much larger ones. This issue is one of concern to many residents and commented upon by numerous public participants in the public hearing process as their greatest Township land use concern. The development trend towards much larger houses on minimum sized lots also has adverse implications on the environmental and public health goals of this plan. It substantially increases the amount of clearing and land disturbance on a per capita basis, increasing environmental impacts. Larger homes also increase the concern about the impact on ground water resources because it is likely that they use more water on a per capita basis than small to modest sized homes.

 

CULTURAL PRINCIPLES AND ASSUMPTIONS

THAT SHOULD AFFECT FUTURE DEVELOPMENT

The preservation and creation of Communities of Place is the central goal of the New Jersey State Development and Redevelopment Plan. Urban sprawl, especially since World War II, has greatly diminished the number of such communities in New Jersey. Mendham Township, together with the Borough, still remains such a community, a self-evident fact to residents and visitors. The Township retains its traditional historic rural character. Factors that contributed to this include the foresight of earlier Township officials establishing effective zoning controls which have been regularly updated since. The preservation of the traditional rural/historic character is the single most strongly held planning goal of Township residents. It should also be a central goal of Mendham Township’s development policies. The two keys to the preservation of this character (roadscape and historic preservation) are discussed below.

Roadscape Preservation

The first key to preserving the Township’s character is to preserve the character of the many historic public roadways and the highly visible areas immediately next to them. Within these relatively narrow areas (roadscapes) the Township’s character is largely defined. The traditional beauty of these   INSERT MAP  

                    EXISTING DEVELOPMENT  
roadscapes is an attribute of importance not only to Township residents but also significant to the region and state as a whole. There are two important elements to the Township’s traditional roadscapes that should be preserved through appropriate development policies:

      1. Narrow curvilinear roadways. This subject will be covered in detail in the Circulation Plan element.

      2. Natural and wooded areas, especially specimen trees and vegetation bordering roadways. This subject is covered extensively in the Mendham Township Roadscape Report prepared by the Mendham Township Roadscape Committee in 1995.

Historic Preservation

The preservation of the historic significance of the five existing and one proposed Registered Historic Districts is a strongly held community planning goal. Taken together, Historic Districts encompass a large portion of the Township. The historic significance of all these districts is based upon the preservation of the historic structures within the districts and of the historic character of the areas surrounding them: the surrounding landscape, vegetation, and the historic roadways upon which they are located. The preservation of the overall historic setting is the key to the preservation of the historic significance of these districts. These factors make them especially prone to detrimental impact from new development. Historic preservation will be discussed in detail in the Historic Preservation Plan element.

 

ENVIRONMENTAL PRINCIPLES AND ASSUMPTIONS

THAT SHOULD AFFECT FUTURE DEVELOPMENT

All of Mendham Township is classified Environmentally Sensitive (PA-5) in the New Jersey State Development and Redevelopment Plan. Environmentally sensitive features and characteristics are commonly found throughout the Township, and they are especially prevalent in the remaining vacant areas. The Township has reached the point in its development history where the more easily developed lands have generally been developed. The remaining undeveloped areas contain an even higher proportion of steep slopes, extensive wetlands, open waters and poor soil conditions.

The State Plan’s land use policies for PA-5 areas can be summarized as protecting environmentally sensitive areas from the adverse impacts of development by preserving low density (or center-based) land use patterns, promoting open space and protecting natural resources. Mendham Township’s land use planning should be generally consistent with the State Plan. The overall density of development should be very low. Environmentally sensitive features should be protected by carefully administered controls. Future development should utilize Best Management Practices and Best Available Technologies to limit adverse effects.

The Township’s environmental characteristics are summarized below in terms of their implications on future development. They will be discussed in more detail in the Conservation Plan element.

Steeply Sloping Topography

As can be seen on the following map, steeply sloping topography is found throughout the Township and is especially common in the existing R-3 and R-5 zones. The map also illustrates that such areas are very often in close relationship to the headwaters of numerous streams located throughout the Township. The close relationship between steep slopes and streams in the Township makes development on steeply sloping areas especially prone to adverse primary and secondary environmental consequences. Development on steep slopes significantly increases runoff and soil erosion, negatively impacting water quality and increasing flooding downstream. The prevalence of steep slopes on the remaining vacant lands should have an important implication on appropriate minimum lot sizes.

Woodland Preservation

Mendham Township has extensive woodlands, especially in the many steeply sloping areas. They are important to minimizing soil erosion and preserving water quality in trout production and trout maintenance streams, especially in steep slope areas. Very low-density development pattern should be maintained to the extent possible to preserve woodland areas and to allow rainwater to replenish groundwater aquifers.

Wetlands and Transition Areas

Wetland areas are commonly found throughout the Township but are especially common on the remaining vacant tracts. Although wetlands are regulated by NJDEP, their prevalence in the remaining vacant areas in the Township should have significant influence on future zoning limitations. Future land use densities should be very low.

Surface Water Quality

Numerous streams are located throughout the Township. All are currently classified by NJDEP as FW1 or FW2 (trout production and trout maintenance), the highest quality classifications. This system of streams is strategically located at the headwaters of three of the major river basins: the Passaic, Whippany and Raritan. They are the sources of potable water for a number of public water systems including the Southeast Morris County Municipal Utilities Authority. A number of streams drain into the Great Swamp National Wildlife Refuge. Regionally-based environmental interest groups have focused attention on the protection of these headwater areas as important to water quality, the quantity of public water supplies, and to reducing flooding in the river basins. For these reasons they should be considered an important and sensitive environmental resource worthy of strict protection measures in the form of restrictions on development. Future residential development in these areas should be of very low densities. Development should not alter stream flow characteristics. In particular, they should not be disturbed or encroached upon and mature vegetation around them should be preserved to buffer them from the effects of development.

Groundwater Quality

The protection of groundwater from the impact of development is the most pressing and critical environmental issue facing the Township. It is covered in detail in a separate section below because of its overriding importance and implication on public health and safety.  

GROUNDWATER RESOURCE LIMITATIONS

THAT SHOULD AFFECT FUTURE DEVELOPMENT

All Township residents are dependent upon the Township’s underlying groundwater resource for their potable water supply whether they are served by public water lines or individual wells. Its protection must be one of the Township’s primary land use planning concerns in terms of both quantity (capacity) and quality (minimizing pollution). The limited capacity of the resource is determined by underlying geologic characteristics. Its quality is directly affected by the density of development in relation to soil and geologic characteristics because most Township residences (about 90%) are served by individual septic systems which collectively reduce the quality of groundwater. For many years there has been increasing concern, based upon anecdotal reports from many sources, that the Township’s groundwater is under stress and that both the quality and quantity of the groundwater is being compromised by land development pressures. Residents have reported lost capacity on private wells, wells running dry, and wells becoming fouled by pollutants commonly associated with individual subsurface septic discharges.

Critical Water Resources Study

In response to these concerns a study of the Township’s groundwater resources was authorized by the Township Committee, commissioned by the Township Environmental Commission, and prepared by the Township’s environmental consultant Connolly Environmental, Inc. The initial phase of the Critical Water Resources Study (CWRS) was a questionnaire distributed throughout the Township, mailed to each household, which confirmed the anecdotal reports and pointed to several areas of the Township having particular problems with groundwater supply. The next stage of the Study was to consult the NJDEP, Division of Water Resources about current methodologies to assess the impact of development on groundwater resources. Two were recommended: the Current Planning Capacity Model (CPCM) was designed to estimate the available groundwater supply and the Nitrate Dilution Model (NDM) which estimates the potential for groundwater quality degradation resulting from septic system discharges. The NJDEP and State Planning Commission endorse the use of these models by municipalities for assessing the impact of development on groundwater resources and for land use planning. These methodologies provide an assessment from both a quantity and quality perspective.

Current Planning Capacity Model

The CPCM measures the quantity of the groundwater resource, resulting in a recommended sustainable population based upon known yields from underlying geologic formations. The groundwater yield is adjusted for known high volume groundwater withdrawal sites from the underlying aquifers. Using the CPCM model and the known geology underlying the Mendhams, the Study concluded that the aquifers upon which Mendham Township residents rely have a sustainable capacity to support no more than 2,130 households.

Nitrate Dilution Model

The NDM measures the potential for degradation of the quality of the groundwater resource resulting from septic system discharges, providing an estimate of the number of households that can utilize such systems, based upon the characteristics of the soils and underlying geology. Even properly functioning septic systems degrade groundwater quality; the greater the number of households utilizing septic systems, the greater the impact on groundwater quality. An important public policy question is a determination of an acceptable level of degradation. At the time of the Study, the NJDEP had adopted the U.S. Public Health standard of 10 milligrams per liter (mgl) as the upper acceptable limit of groundwater degradation before serious health consequences ensue. At levels above 10 mgl there are known public health consequences that must be avoided. Using the NDM model, the Study concluded that a maximum of 2,111 households could be sustained in the Township without eventually exceeding the 10 mgl standard.

Future Land Use Implications

The findings of the CWRS have clear and important implications to the Township’s future land use planning. The two methodologies result in a remarkably close correlation in the maximum sustainable development in the Township, 2,130 (CPCM) and 2,111 (NDM) households. Taken together, they suggest a maximum overall density of residential development of no more than one dwelling unit for each 5.5 acres based upon the total land area in the Township. This confirms what was suspected from the anecdotal evidence of groundwater quantity and quality problems. The areas of the Township experiencing quality and quantity problems exceed this density. As of the end of 1999 the Township has a total of 1912 dwellings, a number very near the maximum sustainable total. Development densities on the remaining subdividable land must be limited for the protection of the public health. Best Management Practices (BMP) and Best Available Technology (BAT) that are conservative of, or enhance, surface and groundwater supplies must be employed in all land development activities.  

PUBLIC INFRASTRUCTURE LIMITATIONS

THAT SHOULD AFFECT FUTURE DEVELOPMENT

As will be documented more fully in the Circulation and Community Facilities Plan Elements, Mendham Township has a limited infrastructure base which can be summarized as follows:

      · A narrow winding road system largely made up of historic roads. A number of the most important roads are nearing the limit of their peak-hour capacity.

      · Three public water systems serving small areas of the Township. This system cannot be greatly expanded without great cost and/or adverse environmental consequences.

      · Two separate small-scale public sanitary sewer systems made up of small "package plants" serving small isolated developments. These systems cannot be expanded without great cost, and without contravention of the planning objectives for PA-5 areas in the State Plan.

Major improvements to this infrastructure base are not contemplated in the Circulation and Community Facilities Plans, consistent with the planning policies for PA-5 areas in the State Plan. Virtually all future development is expected to be served by individual wells, onsite septic systems and the existing road system. The limited capacity of this base requires that an overall very low density of development be maintained in the Township.

 

REGIONAL RESPONSIBILITIES THAT

SHOULD AFFECT FUTURE DEVELOPMENT

Headwaters Protection

The numerous streams found in the Township are the headwaters to the Clyde Potts Reservoir (an important potable water source for the region) and to three important river systems (Raritan, Passaic and Whippany). Together these are important sources of potable water supply for the region. The Passaic flows directly into the Great Swamp National Wildlife Refuge. Maintaining the high water quality of these streams is an important regional responsibility that is vulnerable to degradation by overly intensive development.

Regional Historic Resources

The Morristown National Historical Park (Jockey Hollow) is located along the eastern boundary of the Township. The area adjacent to the Park in Mendham and Harding Townships is also historically significant (Tempe Wick Historic District). The historic character of this district contributes significantly to the historic character of the Park itself. The Township has a regional responsibility to adopt development policies that are consistent with and will promote the preservation of the historic significance of these areas.

Great Swamp

The headwaters of the Passaic River are located within the Township. The Passaic is one of the primary sources of water to the Great Swamp National Wildlife Refuge. The New Jersey Department of Environmental Protection, the U. S. Department of the Interior and the Ten Towns Great Swamp Watershed Management Committee have conducted extensive studies concluding that development upstream in the headwater areas is having a substantial deleterious effect on the Refuge, recommending that upstream municipalities institute stricter controls on future development. Mendham Township development policies should protect the quality of water flowing into the Refuge by:

      · Minimizing forest clearing in headwater areas.

      · Minimizing impervious surfaces.

      · Maintaining very low development densities.

      · Strictly controlling stormwater runoff.

      · Strictly utilizing and enforcing Best Management Practices and Best Available Technologies.

Affordable Housing

Similar to every community in the state, Mendham Township has a constitutional responsibility to provide its fair share of the regions affordable housing need. The Housing Element and Fair Share Plan address this responsibility in detail.

State Plan

The goals of the State Plan can be summarized as: balancing public infrastructure investments with land use densities, center-based development policies, environmental and historic protection, promoting Communities of Place, discouraging sprawl, and encouraging a regional perspective on development policies. The entire Township is designated as Planning Area 5 – Environmentally Sensitive. The Township’s future land use policies should be consistent with the state planning policies for this designation.  

PART 3 – FUTURE LAND USE PLAN

 

OVERALL RECOMMENDATIONS

CONCERNING FUTURE LAND USE

The previous sections summarized the environmental, cultural, infrastructure, public health, and regional responsibility assumptions, principles, and limitations that should be taken into account in formulating Mendham Township’s future land development policies. When taken together they require future land use policies that accomplish the following five objectives that should be the guiding principles in the formulation of the Township’s development regulations. The sections following the five objectives contain additional specific recommendations relating to the Township’s Future Land Use Planning.

Recommended overall objectives for Mendham Township’s land use regulations.

      1. Limit future development to overall very low densities.

      2. Limit the total amount of future development consistent with the recommendations of the Critical Water Resources Study.

      3. Minimize forest clearing, impervious surfaces and stormwater runoff in order to minimize the impact of development on the hydrologic cycle.

      4. Require future development to utilize Best Management Practices and Best Available Technologies.

      5. Encourage creative and flexible zoning and development techniques that encourage future development and land conservation techniques that are consistent with the Township’s traditional, historic and rural character.

       

RECOMMENDATIONS FOR THE

Protection of water resources

The protection of public health and environmental quality are fundamental responsibilities of Mendham Township, its boards and public officials. To this end, the protection of groundwater and surface water quality and quantity should be the sine qua non of Township future land use planning policies. In particular, future development should be limited in accordance with the recommendations of the Critical Water Resource Study in order to limit the adverse effects of development on the hydrologic cycle. Particular emphasis should be placed upon the public health concerns inherent in the Critical Water Resources Study recommendations. The following section contains general recommendations for changes in the zone district plan addressing this issue.

The Critical Water Resources Study used the best available tools (models) for quantifying and judging the effects of development on water resources. However, this is an area of environmental and land use planning and public policy that is still evolving. The Township should not wait for this area of public policy planning to more fully mature. The importance of this issue to public health and the environment requires that the Township take action now based upon the recommendations in the Study even though important changes in this area of public policy may occur in the not too distant future. The Mendham Township Planning Board and Board of Health should monitor and keep abreast of any new developments in this area. In particular, monitoring of water quality should be an ongoing part of the development review process.

 

Recommendations for zone districts

and minimum lot standards

    The Critical Water Resources Study should form the basis of future zoning.

The Critical Water Resources Study recommends that a maximum of 2,111 dwellings can be supported by the Township’s groundwater resources. The Township’s zone plan in effect at the time of the adoption of this plan permits a total amount of development far in excess of this figure at full build-out. Substantial changes in the zone districts to increase the minimum lot size in many areas are necessary to order to bring future development more into line with groundwater resource capacity.

New zone district plan recommended.

The Future Zone Plan map is intended as a general guide for zoning in Mendham Township. Zone districts should be designated according to the following planning principles:

        · The total build-out potential should not exceed 2,111 dwellings, or as close to that target as reasonably possible.

        · New very low density districts (10-acre districts) should be created in areas with an existing pattern of very low density of development.

        · Large areas of public or quasi-public open space should be included in very low-density (10-acre) districts.

        · Most existing properties within a zone district should be fairly consistent with the district’s standards; i.e. the number of existing properties nonconforming to zoning standards should be minimized.

        · Provision should be made to avoid the necessity for property owners to make applications to the Zoning Board of Adjustment for new construction or additions to single family dwellings on lots rendered undersized or nonconforming as a result of rezoning.

        · Zone districts should be as large as possible with boundaries that follow property lines and road lines.

        · The zoning for the Mendham Golf & Tennis Club should be consistent with its current use

         

RECOMMENDATIONS

FOR WOODLAND LAKE

It is the intention of this Master Plan to promote the continuation and extension of the existing pattern of single family homes on individual lots that is predominant in the Township. The case of Woodland Lake is a unique exception. It is an established residential neighborhood that was developed in the 1940’s to 50’s as a summer lake community. It was incorporated in 1969 and consists of detached single family dwellings and common facilities on one lot cooperatively owned by shareholders. Since that time, the dwellings have been converted to year-round use. Normal zoning standards designed for single family detached homes on individual lots create special difficulties for residents of Woodland Lakes who plan improvements to their dwellings. To minimize these difficulties, the area should have its own zone district that reflects its cooperative ownership arrangement. This zoning should reflect and promote the continuation of Woodland Lake’s existing density and development pattern. This special zoning, however, should not be extended to other areas of the Township because it is inconsistent with the established pattern of individual homes on individual lots predominant elsewhere in the Township.

 

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        LAND USE PLAN

         

RECOMMENDATIONS FOR LIMITING

HOUSE SIZE IN RELATION TO LOT SIZE

The traditional character of the various neighborhoods in the Township should be protected and promoted by means of floor area ratio (FAR) limitations for new construction. The FAR standards should be developed based upon the existing characteristics of each zone district. FAR standards should be set at a level that prohibits very large homes on relatively small lots while leaving most existing homes conforming. The appropriate standard should be set at a point above which most existing homes are found to be conforming, to permit additions to existing homes, without the need for a variance, in most cases. Research into the existing characteristics of house to lot size in the various zone districts provides the factual basis for choosing an appropriate standard for each zone.  

RECOMMENDATIONS FOR

FLEXIBLE ZONE STANDARDS

Rigid Zoning Undermines Traditional Historic/Rural Character.

The single most often expressed planning goal of Township residents is to retain the Township’s traditional historic/rural character. It is also the major theme of this Master Plan. Zoning is necessary to preserve the low-density pattern of development central to this goal. However, zoning over the long term creates uniformity to the pattern of development that is antithetical to that goal. Even typical large lot zoning, by virtue of its uniformity and rigidity, eventually promotes suburban character, albeit at low density. In rural landscapes, low-density development (usually homes and farms) is typically widely spaced or clustered in small village groupings. Large open and/or wooded areas are common. The pattern of lot sizes in rural landscapes is also an important design element. They typically vary greatly, with relatively small lots often next to very large lots. The siting of buildings is determined by the geographical and natural characteristics and limitations of the site instead of the imposition of uniform and rigid zoning standards that ignore these characteristics. Variability of building setbacks and building orientation is also typical in a rural landscape.

Conservation design in Subdivisions.

Over the years, many alternatives to standard zoning have been developed with mixed results. In the Mendham Township context, zoning should be designed and/or administered to promote the following planning goals:

    · To promote the preservation of large areas of open space, especially the highly visible areas along public roadways.

    · To promote the preservation of areas of significant community concern such as scenic vistas and historic areas.

    · To improve the design of new development to be more consistent with rural character and to permit the placement of new roads and buildings reflecting the characteristics of the site instead of according to rigid standards.

Historic Preservation.

RECOMMENDATIONS REGARDING

ROADSCAPE PRESERVATION

 

RECOMMENDATIONS TO DISCOURAGE THE

UNWARRaNTED EXTENSION OF PUBLIC ROADS

In 1997 the state adopted uniform standards (Residential Site Improvement Standards - RSIS) applicable to all communities for the construction of public roads in connection with residential development. In most communities the cost of road construction has been reduced as a result. About the same time the Township experienced a dramatic increase in property values. The two events together have fundamentally altered the economics of subdivision development and the creation of new public roads. It is now economically viable for developers to create new public roads for even single lot developments. This will have adverse consequences on future public expenditures for maintenance of public roads to single homes. It also undermines Township land use policies by promoting subdivision road development in inappropriate backland locations. Township policies concerning backlands development, bulk requirements, minimum lot size requirements and subdivision requirements should be reconsidered to discourage the unnecessary and costly extension of public roads and infrastructure. In addition, the Township should investigate applying for special area designation under the Residential Site Improvement Standards to permit reduced road width and other standards consistent with the character of the narrow, winding and historic road system existing in the Township.

RECOMMENDATIONS CONCERNING

PRESERVING BRIDLE AND WALKING TRAILS

Equestrian trails have long existed in Mendham Township, some connecting with trail systems outside the Township. They contribute to the character and life of the community. New development is threatening the viability of this system by creating gaps in trails. Wherever reasonable and possible, new development should be designed to accommodate the continuation of existing trails.  

LANDS RECOMMENDED TO BE RESERVED

FOR CONSERVATION PURPOSES

In order to fulfill the goals of this plan element, and of the Master Plan as a whole, the acquisition of property must be a major part of the Township’s overall planning strategy. Depending upon the specific circumstances of the specific property, acquisition may be by fee simple acquisition, easements, or development restrictions. The Appendix at the end of this Master Plan contains a list of properties that are recommended to be reserved for conservation purposes. They should be reserved in accordance with C.40:55D-44.

LandUsePlan

 

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