IX. CONSERVATION PLAN

The law governing municipal planning in New Jersey (Municipal Land Use Law – N.J.S.A. 40:55D et. seq.) provides for a Conservation Plan element as part of a municipal master plan.

"A conservation plan element providing for the preservation, conservation, and utilization of natural resources, including, to the extent appropriate, energy, open space, water supply, forests, soil, marshes, wetlands, harbors, rivers and other waters, fisheries, endangered or threatened species wildlife and other resources, and which systematically analyzes the impact of each other component and element of the master plan on the present and future preservation, conservation and utilization of those resources."

 

INTRODUCTION

This document is Mendham Township’s first Conservation Element, drafted by the Environmental Commission in 2001 for the comprehensive revision of the Master Plan adopted by the Planning Board on November 13, 2000. This element is particularly important because the new Master Plan puts special emphasis on the protection of the high quality natural resources of the Township, in particular the quality and quantity of water resources. Below are sections covering the major categories of natural resources found in the Township: Topography, Air, Surface Water, Groundwater, Wetlands, Wildlife and Vegetation, and Open Space. These sections systematically analyze the impact of Township policies on each category of resource and provide recommendations for their conservation and preservation.  

MAJOR PLANNING ISSUES

The major issues that are significant to the protection of environmental resources in the Township are as follows:

• Development Pressures.

  Substantial residential development has occurred in the Township over the last two decades, with a trend toward much larger homes and site improvements with larger areas of impervious surface. Most suitable land has largely been developed, and the remaining vacant property is increasingly characterized by large amounts of environmentally sensitive characteristics such as woodlands, steep slopes, wetlands, and surface waters. The detrimental effects of the increase in development include soil erosion, increased stormwater runoff, decreased surface and groundwater quality, and increased level and frequency of flooding.

• Impact on Surface Water Resources.

  The headwaters of three major river systems, which are regionally important sources of potable water, are located in Mendham Township: the Whippany, Passaic and Raritan. These headwater streams are under threat from increased development, especially the development of the remaining environmentally sensitive properties in the Township.

• Impact on Groundwater Resources.

  The Critical Water Resources Study commissioned by the Environmental Commission in 1994 documents evidence that continued development will have a significant impact on the quality and quantity of groundwater. There is also evidence from well records of the potential negative impact of future development on the aquifers underlying the Township.

• Stormwater Management.

  Stormwater runoff from existing roadways and other impervious surfaces into the Township's high quality streams continues to have a harmful environmental impact on those streams.

• State Development and Redevelopment Plan.

  All of Mendham Township is classified Environmentally Sensitive (PA-5) in the New Jersey State Development and Redevelopment Plan. The Plan’s land use policies call for protecting environmentally sensitive areas from the adverse impacts of development by preserving low density land use patterns, promoting open space and protecting natural resources.

• Ten Towns Great Swamp Watershed Committee.

  The Ten Towns Great Swamp Watershed Committee, consisting of representatives from each of the ten towns within the Great Swamp Watershed, was formed through an Inter-municipal Agreement in 1995. The purpose was to develop and implement a Watershed Management Plan for the Great Swamp Watershed. Studies concluded that development in the watershed was having a substantial negative effect on the Great Swamp because of pollution and flooding from stormwater runoff throughout the watershed. The Ten Towns united to develop and adopt model ordinances that will protect the ecological condition of the wildlife refuge, decrease stormwater runoff, and maintain or improve existing water quality in the Great Swamp and its tributaries. This unique grassroots effort has been a model for other watershed management groups and has the support of the State and Federal government.

• Preservation of Community Character.

  There is growing concern among Township residents that significant elements of the Township's character are disappearing or under threat. These elements include extensive woodlands, ponds, natural areas, pristine trout streams, narrow tree-lined roads, and the Township’s many historic homes and landmarks.

• Regional Responsibilities.

  The numerous streams in the Township are the headwaters of three river systems, which are important sources of potable water supply for the region. The Township has a responsibility to adopt land use regulations that will protect the high quality of the streams in these watersheds. The Environmental Commission represents the Township at each of the watershed management groups: the Whippany River Watershed Action Committee; the Ten Towns Great Swamp Watershed Management Committee; and the Raritan Basin Watershed Management Project. Three of the Township's historic districts are shared with other communities: Tempe Wick (Harding Township), Combs Hollow (Randolph Township) and Washington Valley (Morris Township). Part of Jockey Hollow, a National Historical Park, is located within the Township. Mendham Borough and Township share a common Town Center and open space in both municipalities. The Town Center is in the Borough; most of the open space is in the Township.

GOALS AND OBJECTIVES

The primary goal of the conservation plan is to provide for the preservation and conservation of the Township's natural resources. Conservation of these resources is critical to the quality of life and character of Mendham Township. It is also important to communities downstream because of the Township’s location at the headwaters of three major river basins. Following are the major natural resources in the Township that should be protected and preserved:

 

• Ponds
• Wildlife habitat that will preserve bio-diversity
• Pristine streams that provide breeding grounds and habitat for native trout
• Woodlands
• Natural areas for passive recreation
• Greenways that will provide wildlife corridors and hiking opportunities
• Forested slopes that shade streams and provide natural protection from erosion
• Diversity of bird and animal species
• Wetlands and their transition areas
• Floodplains that retard stormwater runoff
• Scenic vistas and natural ridge lines
• Forested roadscapes
• Open fields and farmlands
• Specimen trees
• Aquifers
• Open space

In addition to natural resources, effort should be made to preserve the scenic roadways in Mendham Township that define the character of the community. These roadways, which are characterized by historic homes sited close to narrow winding roads, open fields once farmland, woodlands containing many specimen trees, and historic bridges crossing sparkling trout streams, include the following:

 

• Washington Valley Road
• Main Street
• Roxiticus Road
• Tempe Wick Road
• Combs Hollow Road
• Woodland Road
• Mosele Road
• Hardscrabble Road
• Pleasant Valley Road
• Calais Road
• Leddell Road
• Union Schoolhouse Road
• Schoolhouse Lane
• Corey Lane
• Route 510
• Old Mill Road
• Ironia Road
• Mt. Pleasant Road
• Mountainside Road
• Tingley Road

RECOMMENDATIONS

Included in the background planning studies for this Element is an inventory of the environmental resources of the Township including geology, topography, surface water, soils, ground water hydrology and resources, floodplains, wetlands, vegetation, wildlife and open space. The background studies provide a basis for decisions by the Planning Board, Environmental Commission and other interested groups involved with land development in the township. Based on these studies, the following recommendations are offered.  

TOPOGRAPHY

Mendham Township consists of a land area of approximately 11,000 acres located in the southern portion of the Highlands physiographic province of New Jersey. Much of the Township is characterized by steep slopes, which in many cases adjoin streams, transition areas, wetlands or flood prone areas. Twenty seven percent, or 3100 acres, of the total land area contains slopes over 15%. Inappropriate development of steep slope areas can result in soil instability, erosion, sedimentation, increased stormwater runoff and flooding. Since many of the steep slope areas adjoin surface water and wetlands, protection of these slopes is important to protect the high quality of Mendham Township’s streams. Regrading and/or stripping of native or existing vegetation on steep slopes is limited by standards in the Township's Land Use Ordinances. Erosion on steep slopes is especially prevalent where excessive tree removal has taken place. Ordinances restricting construction and tree removal on steep slopes are essential to protecting the Township's sensitive environment.  

AIR

Due to Mendham Township's semi-rural character, air pollution is not yet a problem for the community. There are no industrial or commercial facilities contributing to poor air quality. However, the dimensions and locations of residential roads impact the amount and speed of traffic, community character and air pollution. Several roads are used heavily by commuters, resulting in increased vehicle emissions, air pollution, and health hazards such as ground level ozone, which forms when carbon monoxide combines with oxygen. Of particular concern is Route 510, which is the most direct route to Morristown and surrounding areas where many people are employed. Tempe Wick Road and Route 510, as well as other roads of historic value in the Township, should remain at their current widths to prevent them from becoming attractive commuter routes. The Township should join with other municipalities to address regional traffic issues.  

SURFACE WATER

Mendham Township lies in the headwaters of three major river systems: the Whippany, North Branch of the Raritan, and the Passaic. All the rivers and streams in the Township are classified by the NJDEP as Trout Production or Trout Maintenance. The presence of these high quality waterways necessitates additional diligence on the part of the Township to protect the streams from erosion and runoff and the subsequent sedimentation which can be caused by improper development and deforestation, especially on steep slopes. Streams must also be protected from nonpoint source pollution such as runoff from paved parking lots, roadways and construction sites. Increases in residential development also result in the potential for excessive siltation and increases in chemical lawn maintenance practices which can add to nonpoint source pollution through runoff during storms.

Conservation easements on all streams are required of new subdivisions to protect water quality. Protection should also be extended to existing unprotected stream corridors through voluntary conservation easements from property owners. The Township should develop a program to encourage the maintenance and planting of natural vegetative cover as well as bank stabilization to provide a natural filter for buffering streams. A riparian buffer zone protection strategy will produce important improvement in stream quality. Residents should be educated in environmentally friendly lawn maintenance practices. Existing stormwater outfalls and detention facilities should be retrofitted using more environmentally sound technology that will reduce nonpoint source pollution.

GROUNDWATER

Mendham Township's predominate source of potable water is private wells. There are limited areas in the eastern part of the township that are serviced by public water purveyed/managed by the Southeast Morris County Municipal Utilities Authority, the New Jersey American Water Company, and Randolph Township Municipal Utilities Authority. Recharge areas, such as the permeable soils that overlay upland areas of the Township, and sites where the water table is high, must be protected to ensure that rain and surface water can infiltrate back into the ground to replenish drinking water supplies. Over-development of these sensitive areas reduces the amount of pervious surfaces and results in greater stormwater runoff. Another threat to drinking water occurs when the amount of household pollutants discharged into septic systems exceeds the ability of the infiltrating precipitation and groundwater to remediate and dilute the pollutants. Maintaining and caring for individual septic systems and minimizing the use of hazardous household chemicals will help prevent contamination of the aquifer. Because Mendham Township’s groundwater supply is limited due to underlying geologic formations, it is essential that the Township protect groundwater from degradation and overuse. This can be achieved by requiring that all land developments result in a zero net increase in stormwater runoff; that development densities do not exceed the nitrate dilution and remediation capacity of the overlying soils; and that groundwater recharge rates are not exceeded by groundwater withdrawal. Best Management Practices for stormwater management should be employed, especially those practices that require infiltration of stormwater runoff to recharge the aquifers. The Township should monitor new technologies that protect groundwater quality and be open to new ordinances that will provide this protection.  

WETLANDS

Wetlands serve many important functions. They provide flood storage and stream flow attenuation during wet periods and sustain stream flow by releasing stored water during dry periods. They filter out pollutants in stormwater runoff, thus protecting water quality, and they provide habitat for important species of plants and animals. New Jersey's wetlands are found on the U.S. Fish and Wildlife's National Wetlands Inventory aerial maps, county soil surveys and NJDEP's more detailed wetlands maps. A more accurate wetlands delineation can be obtained from specific site visits, when wetlands can be identified by vegetative, soil and hydrologic features. Mendham Township's Surface Water Protection Study, 1997, contains maps of wetlands in the municipality. NJDEP regulates the disturbance and protection of wetlands. The N. J. Freshwater Wetlands Act defines a wetland as an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. The state classifies wetlands into three categories: Exceptional wetlands include those which discharge into trout production waters or those which support habitat for threatened or endangered species. Ordinary wetlands include certain isolated wetlands, detention facilities and drainage ditches. Intermediate wetlands are all wetlands that are not defined as exceptional or ordinary. Exceptional and intermediate wetlands must have a buffer, or transition area, within which any disturbance is regulated by the NJDEP. The transition areas for exceptional and intermediate wetlands are 150 feet and 50 feet respectively. According to Mendham Township's Surface Water Protection Study, 1997, streams in the municipality are either of trout production or trout maintenance quality. Wetlands associated with these streams are classified by the state as exceptional or intermediate and need to be buffered accordingly. The Surface Water Protection Study recommends a minimum riparian protection zone of 150 feet measured from the top of a stream bank or the edge of a wetland. Mendham Township should continue to obtain conservation easements on all wetlands and transition areas when land is subdivided. Wetland delineation is required on all plans submitted to the Planning Board, and an L.O.I. is required for all approvals. Permits for construction should also require evidence of the presence or absence of wetlands or transition areas and appropriate permits. All conservation easement boundaries on newly approved sites should be delineated with permanent markers, and a system for monitoring conservation easements should be established.  

WILDLIFE AND VEGETATION

Woodlands play an important part in the Township's overall environmental quality, help to define the character of the community, and should be conserved through effective tree protection ordinances. Woodlands also mitigate stormwater runoff and contribute to the quality and quantity of water that recharges the aquifers. The preservation of open space and the protection of stream and forest corridors will assure the maintenance of strong, diverse wildlife communities within the Township. Land Use Ordinances in Mendham Township should provide for protection of trees against unnecessary destruction, removal, injury and disease, both in new subdivisions and on residential lots. The natural and wooded areas bordering roadways should be preserved through conservation easements. The Township provides standards for landscaping suitable to promote the scenic appeal of roads as well as an approved Plant List. Wildlife management practices should be employed to control the deer population which threatens the health of Township woodlands.  

OPEN SPACE

Open space conservation planning should be utilized to preserve the character of Mendham Township, preserve open space, and protect critical environmental areas. Open space should also promote the protection of biological diversity through the maintenance of large contiguous tracts and corridors of forest. In November 1993 the citizens of the Township overwhelmingly approved the Open Space Trust Fund Referendum. With this vote, citizens expressed the recognition that recent development had removed large amounts of private open space in the Township as well as the fact that ever increasing development pressure threatens to take away what remains. Sprawling farms, rolling hills, woodlands, open green areas, and pristine stream corridors represent the many varieties of open space which exist in the Township. These open space properties, balanced with existing land uses, combine to give the Township a rich, rural character, not only reflecting the locale's history but adding to the quality of life enjoyed by its residents. Open space preservation must be given immediate priority. The use of conservation design concepts for new subdivisions should be encouraged by the Planning Board.  

ENVIRONMENTAL RESOURCES

The following sources comprise the environmental resource inventory for Mendham Township:

 

• The Chesters - The Mendhams, A Natural Resource Inventory and Environmental Study. L. Angela Fowler, Mark Satre, Theodore V. Wall, Department of Landscape Architecture and Regional Planning, University of Pennsylvania, 1976.

 

• Natural Resource Inventory, Dismal Harmony Park, Mendham Township. Prepared by F.D.U. Environmental Geology Class, 1985.

 

• Critical Water Resources Study, Connolly Environmental and John Rakos, 1994.

 

• Critical Water Resources Study, Phase II: Land Use. John Rakos, 1996.

 

• Surface Water Protection Study. Upper Raritan Watershed Association, 1997.

 

• Open Space and Historic Sites Inventory. Upper Raritan Watershed Association, 1999.

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.