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
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.
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.
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