3. LAND USE PLAN

LAND USE PLAN OVERVIEW

In accordance with the Municipal Land Use Law, a Land Use Plan is a required master plan element providing the rational planning basis of a community's regulation of development.  Accordingly, this plan is intended to provide the rational basis for the borough's existing land use regulations and as a guide for future amendments.

As a nearly fully developed and primarily residential community, the Borough's land use policies can be generally summarized as protecting and continuing the existing established development pattern and the character of existing residential neighborhoods.  The primary focus of the Borough's development regulations are, and should be, to this end.  Within this overall context, however, there are three goals that are specially addressed in this plan element.

LAND USE OBJECTIVES

The following are the primary future land use development objectives for Mountain Lakes.

  1. Maintain a relationship of mutual benefit among the different land uses by controlling the compatibility of development and by enforcing codes and ordinances including policies for intensity of development, facility provisions, buffers and environmental factors.
  2. Protect and continue the overall character of Mountain Lakes as a planned community by protecting and perpetuating open spaces as planned parklands.
  3. Protect the traditional and unique character of residential neighborhoods in the Borough.
  4. Encourage the development of a town center for the Borough that will provide a focus to the identity of the community and the life of its citizens.
  5. Encourage development and redevelopment of commercial areas, especially along Route 46, in a manner that is more coordinated, visually attractive and pedestrian compatible.
  6. Encourage mixed use development in the traditional commercial areas of Mountain Lakes where feasible and appropriate.
  7. Encourage more diversity in housing options within the Borough by providing opportunities for senior citizen housing.  In addition, the rehabilitation of substandard units and affordable housing should be provided for in accordance with the Housing Plan Element.

MOUNTAIN LAKES - A PLANNED COMMUNITY

Mountain Lakes was conceived by Herbert J. Hapgood, a land developer, and Arthur T. Holton, a landscape engineer.  These men were inspired by the natural beauty of the area and the marketing advantages of a direct link to the city by rail.  Its original development was unusual, however, because of the size of their concept and, most importantly, because it was conceived as a whole community.

The overall development concept was to create an "ideal planned community" centered around man-made lakes.  The lakes not only formed the focus for the design and the future life of the community but also fundamentally influenced the layout for the roads and surrounding neighborhoods.  Planned as a residential park community in the tradition of Llewellyn Park, Riverside Park and Tuxedo Park, Mountain Lakes was developed with a pattern that deliberately set out to create a park-like atmosphere with man-made lakes, unspoiled natural brooks and improvements such as roads and houses placed within the natural contours of the landscape.

Partly as a result of the original concept and partly a result of good fortune, large areas of the Borough were preserved from development.  These open space areas are located throughout the Borough and contribute substantially to the park-like atmosphere.  On the other hand, most neighborhoods are relatively high density compared to other communities in Morris County.  The combination of large areas of open space and relatively high density neighborhoods has a net result of essentially a very large cluster development with houses on relatively small lots but compensated for by substantial open space areas.  This planned community pattern is important and fundamental to the characteristic of Mountain Lakes and should be preserved.

NATURAL CHARACTERISTICS AND ENVIRONMENTAL CONCERNS

Environmentally, the Borough of Mountain Lakes is characterized by large trees, significant shrubbery and the lakes.  These features constitute the major environmental assets, both now and in the future.  In addition to many acres of native woodland, much of the current vegetation is a result of landscaping activities from the early years of the Borough.  Accordingly, the homes, mostly large, blend well with the surrounding trees and shrubbery.  The environmental and recreational features of the lakes are utilized to the largest extent possible.

Mountain Lakes is located along the boundary between the New Jersey Piedmont and Highlands physiographic regions.  This boundary location sets the foundation for the Borough's distinctive character of a community nestled within hills and valleys.  These physiographic characteristics also contribute to other community characteristics such as the prevalence of steep slopes and areas of high groundwater table. The Pleistocene Glaciation was an important event influencing Mountain Lakes' character.  During that era this was an area where the ice sheet became stationary for a time forming a terminal moraine where sediments and rock were released.  This resulted in the prevalence of boulderstone, a community icon.

In many cases, the soil characteristics that resulted from the area's physiography and geologic past severely limit foundations for dwellings, lawns, landscaping, local streets, parking lots, etc.  Many of the areas with the most severely limited soils, slopes and/or groundwater conditions, however, are either included in public land or are presently vacant.

The lakes which give the Borough its name are central to the character and life of the community.  Eutrophication has been a growing concern for many years and land development is one of a number of important factors which can affect and accelerate the process.  Future development options which minimize the impact on eutrophication should be given priority.  A better understanding of the causes of eutrophication is necessary but as information becomes available its implications on land use policies should be examined.

The upcoming completion of the reexamination of the Natural Resources Inventory will be an important opportunity to reexamine the Borough's land use policies in terms of the impact of future development on natural resources and environmental concerns.  Although it has long been an important goal to maintain an appropriate balance between future development and the preservation of important natural resources, additional detailed natural resource information may necessitate a shift in the balance.

EXISTING LAND USE CHARACTERISTICS

The 1,899 acres1of land (including lakes) in the Borough of Mountain Lakes are about 97 percent developed or are public land.  The zoning is 92 percent residential and conservation with the remainder in "Business" or "Office/Light Industrial" districts.  The appendix contains a map showing the existing land use of all properties in the Borough.  The distribution among the different land uses is as follows:

EXISTING LAND USE(Source: 1994 Tax Records)

USEVACANT (acres)DEVELOPED(acres)TOTAL (acres)
Single -family37670707
Multi-family03737
Parks, Conservation and Open Space20511511
Institutional and Developed Public Lands0131131
Clubs and YMCA01717
Business33942
Office53136
Industrial63642
Railroad, Streets0209209
(Subtotal)5116811732
Lakes0167167
Total5118481899

1This number is based upon 1994 tax records.  There are at least two other acreage numbers in common usage.  One (1856 acres - land area only) originates from County and State, the other (1984 acres) apparently originated in a previous Master Plan. 2511 acres include 470 Borough-owned, 19 County-owned, 9 that are part of paper streets and 13 that are part of the Boulevard linear park, Lyman Wilson Park, Esplanade Park and Jan Wilson Memorial Basketball Court.

With 707 acres, residential is the single most dominant existing land use.  The lakes, which cover about 167 acres and constitute an integral part of the residential area have an importance and impact on the character of the community and on community life that outweigh their extent.  Except as specifically addressed in this plan, the pattern of existing land use in Mountain Lakes is functionally, environmentally and structurally sound and there is no reason to anticipate any significant changes in those uses within the planning period of 10 years.  The amount of vacant land is only 51 acres.  When environmentally constrained areas such as wetlands, streams and steep slopes are subtracted from this small acreage, the potential for future new development is small.  A map (entitled Existing Land Use) is contained in Appendix B showing the existing land use in the Borough as of August 1995.

RESIDENTIAL LAND USE

Residential Characteristics

Mountain Lakes has throughout its history been a primarily residential community of mostly relatively large single-family dwellings.  Planning policies recommended in the previous master plan (1979) resulted in some increase in the variety of housing in the Borough.  This issue of housing needs and opportunities is more fully discussed in the Housing Plan Element.  There are seven residential zones in the current Land Use Ordinance, characterized by the following table.

RESIDENTIAL LOT SIZES AND DISTRIBUTION(Source: Tax Records, Zoning Ordinance)

ZONEMINIMUM LOTSIZE (sq.  ft.) AVERAGE LOT SIZE,ESTIMATED (sq.  ft.)DISTRIBUTION OFLAND (%)
R-AA22,50035,20022%
R-A15,00023,10064%
R-110,00014,9004%
R-28,00012,5003%
RC-1n/a 1%
RC-2n/a 1%
RC-36,400 5%

The average residential density in Mountain Lakes is 1.8 dwellings per acre, a relatively high residential density compared to many Morris County communities.  The relative compactness of most residential neighborhoods makes the issue of neighborhood character an especially important one for the Borough.

Neighborhood Characteristics

The single-family neighborhoods in Mountain Lakes traditionally have certain land use characteristics in common which should be protected and perpetuated.  Lot size is of course an important characteristic, described in the table above.  Another important characteristic is a sense of spaciousness and openness in most single-family neighborhoods.  This is related to but not wholly determined by lot size.  Indeed it exists in many neighborhoods despite relatively modest lot sizes.  This results from the fact that the scale of homes in relation to land area has been traditionally relatively modest.  Even though many of the original homes were quite large, many in-fill homes have been relatively small, resulting in an overall modest floor area to land area ratio.

This characteristic began to change significantly in the 1980's as many already large homes were expanded and many small homes were greatly enlarged, resulting in a diminished sense of spaciousness and openness in many residential neighborhoods.  Concern about this trend led to two ordinance amendment initiatives.  The most important of these was the enactment of floor area ratio (F.A.R.) limitations to limit the size of structures in relationship to the size of the lot upon which they are situated.  The other initiative was to increase the required sideyard setback requirements to ensure a minimum standard for light and air between buildings.  The following is a table showing those requirements by zone district:

F.A.R. AND SETBACK REQUIREMENTS(Source: Land Use Ordinance)

ZONE DISTRICTMAX. F.A.R. SIDEYARD SETBACK
R-AA15 %25 feet
R-A20 %25 feet
R-120 %15 feet
R-220 %10 feet
RC-115 %25 feet
RC-220 %25 feet
RC-320 %25 feet

In setting these F.A.R. standards, high F.A.R. levels were deliberately chosen in order to assure that relatively few existing structures would be made non-conforming.  In addition, it allowed future expansion of existing small to medium sized homes to occur up to a size that was typical of the largest existing dwellings.  Similarly, few properties were made non-conforming by the enactment of the larger setback standards.  These initiatives have eliminated the most extreme examples of the trend toward a diminished sense of spaciousness in the Borough's neighborhoods.

Land Use Policies in Existing Residential Areas

Existing residential areas in Mountain Lakes are, for the most part, fully developed.  The few remaining vacant areas are largely unsuitable for development because of the presence of wetlands and/or steep slopes.  Borough land use policies for these areas should reflect these facts and be designed to protect and continue the established character of residential neighborhoods.  Since little vacant land exists that is suitable for residential development, future residential development potential is primarily limited to the possibility of mixed-use development of areas that traditionally are commercial in character.  This is more fully discussed in the FUTURE RESIDENTIAL LAND USE and FUTURE NON-RESIDENTIAL LAND USE sections below.

FUTURE RESIDENTIAL LAND USE

The following are the major changes to the Borough's future land use policies which are recommended by this plan.  They result from changing needs and priorities.  In many cases, they are not only departures from the recommendations in the 1979 plan but will require amendments of the Borough's Land Use Ordinances in order to be implemented.  The Future Land Use Map showing the location of these proposals is located in the appendix (Appendix C).

Fusee Tract (Block 88 Lot 18)

This tract of 2.19 acres located at the intersection of Morris Avenue and Fanny Road has for many years been used for manufacturing purposes by the Fusee Company.  The manufacturing use has been recently abandoned and the existing improvements on the site appear to have limited potential for reuse.  The existing land use pattern in the area and the property's general location near schools, open spaces and public utilities makes the redevelopment of the site for housing an attractive option.  This tract should be zoned to allow an inclusionary development (a residential development containing a percentage of affordable housing).  An application for environmental clean-up has been filed with DEP and has been found complete.  The application is still pending review by DEP staff (June, 1996).

Water and sewer facilities are available to service this site.  According to the Borough Engineer, adequate sewer capacity is available.  A water line from the Town of Boonton already serves this area.

There is a non-residential development located opposite the site in the OL-2 Zone along Morris Avenue.  Vacant land (in Boonton) lies directly opposite the site on Fanny Road.  Residential development is, however, found along Morris Avenue in Boonton.  The Lakeland Hills YMCA is located along Fanny Road within walking distance of the site.  Mountain Lakes High School (on Powerville Road) is also within walking distance of the site.  Subject to DEP approval and environmental compliance, the site would appear to be approvable and developable for residential purposes.

On the basis of all of the above, the Borough should rezone this site (Block 88, Lot 18) to accommodate 34 units of attached housing, of which six units will be reserved as affordable housing for low and moderate income households.  Zoning standards relating to the development density, height of buildings, setbacks, buffers, landscaping, etc. should be included in the implementing ordinance (see the Housing Element and Fair Share Plan for additional details).

King of Kings Backlands - Block 116, Lot 3

The land use designation of this vacant 8.2 acre property (Single Family Residential - Cluster Option - RC-1) in the previous Master Plan was reconsidered in this plan due to changing housing goals.  In order to address the housing needs of older Borough residents, attached housing suitable for senior citizens is recommended with an overall density of 3-6 units per acre.  A final determination of permitted density should take into account the need for emergency access3and environmental constraints on the site including steep slopes, wetlands and a ravine area.  Consideration should also be given to ways that will promote the integration of any new residential development into the rest of the Mountain Lakes community to avoid neighborhood isolation.

3Emergency access should include access ways designed and built with very limited improvements suitable for emergency access purposes only.

Rush Property - (Block 116, Lot 3.03)

The future land use designation for this vacant 5.2 acre property in the previous Master Plan was Office, Light Industrial - OL.  Consistent with that designation, the property has a preliminary development approval from the Planning Board for an office building but the development application has not proceeded.  The OL designation was reconsidered as part of this plan in light of an agreement between the Borough and the owners and because of access problems from the property onto Route 46.  The property's frontage on Route 46 is located next to a highway jug handle.  This presents difficult traffic engineering and safety issues for any relatively intensive future development.

A future land use consistent with a R-1 residential designation is more appropriate for this property.  This would reduce the intensity of development and the traffic access concerns.  A R-1 designation would be more compatible with the existing land use pattern in the immediate area; the property is adjacent to a single family residential neighborhood on a solely residential street.  If developed residentially, this street would be a more appropriate means of access.  In view of the development approval still in effect, an R-1 alternate overlay zoning is recommended for this tract, in accordance with an agreement between the Borough and the owner.  In addition, a cluster option should be considered by the developer and the Borough (see the Housing Element and Fair Share Plan for additional details).

Home Occupations

Exact figures are not available for Mountain Lakes but it is clear that there has been a sharp increase in people working at home in recent years.  This trend is likely to continue and perhaps accelerate as new technologies continue to develop and change the way people live, work and interact.  Many of the Borough's residents are at the forefront of these changes.  As a result, the Borough's land use policies need to recognize and accommodate this changing pattern in the way that people live and earn a living.  Although there is nothing inherently contradictory between this trend and the basic goals of this plan, certain limits need to be recognized and maintained.  First, the residential character of neighborhoods must be maintained.  The size and style of buildings, signs, parking areas and lighting should be generally consistent with that which is traditional in Mountain Lakes.  Secondly, the intensity of activity and traffic should not generally conflict with residents' reasonable desires for peace and quiet.

FUTURE NON-RESIDENTIAL LAND USE

Although Mountain Lakes is primarily a residential community, three visually prominent commercial areas exist.  The Business (A and B) and Office/Light Industry (OL-1 and OL-2) zoned areas (see Future Land Use Map) are located along Route 46, in the Midvale area just north of the railroad, and at the intersection of Fanny Road and Morris Avenue.  Even though the total amount of land in these nonresidential use areas is only about 120 acres with about 14 vacant at this time, the visual prominence of these areas give them an importance out of proportion to their land area.  The following are the Borough's future land use policies, including major changes, which are recommended by this plan.  In a number of cases they result from changing needs and priorities and will require amendments of the Borough's Land Use Ordinances in order to be implemented.

The Route 46E Business Area

This area, zoned B, is located between Route 46 and the railroad (and includes one business office on the north side), constitutes about 23 percent of the commercial land, and is almost fully developed.  The current zoning permits small development parcels and a wide range of uses in a "strip commercial" pattern.  This area has undergone a long and gradual period of economic decline.  Although some development/redevelopment has occurred in recent years, a sustained and more general redevelopment of the area is unlikely under the existing circumstances.  The reason for the decline is primarily because of changes in retailing and in shopping habits in our region and across the country.  There has been a steady increase in emphasis on cost competitiveness and/or shopping convenience.  This has made very small independent retail outlets, that are not closely connected to other such businesses for the shoppers' convenience, relatively less competitive.  The pattern of small parcels (some less than one acre and most less than two acres) that are independently owned and physically unconnected from each other is a key factor in the B Zone's decline (see Route 46E Business Zone, Existing Land Use Map).

If this B Zone is to redevelop, the pattern of uncoordinated development resulting from small independent property ownership must be overcome.  More cooperation and connections among individual properties should be encouraged.  A close building to building pattern should be encouraged.  Among the important aspects of coordination that should be promoted are close proximity of one use to another (including building to building design), shared parking arrangements, shared access (from one development to another) connecting drives and a coordinated and "pedestrian friendly" landscape design.  Major changes to the B Zone development standards are necessary in order to promote these goals.

Borough land use policies have not been conducive to this kind of cooperation and pattern.  Current standards require stringent setbacks from one business to the other.  In addition, there are no incentives to encourage cooperation in parking and access.  To address this, the zoning requirements for this area should be made more flexible to permit and encourage cooperation and integration among individual properties.  In addition, an overlay zone with alternative standards (potentially including incentives) should be investigated.

Options for residential development either as a stand alone residential development, part of a mixed use development or as an affordable housing development were carefully considered as part of this reconsideration.  The following factors, however make this impractical and inadvisable.

Another approach for overcoming the pattern of small parcel ownership is to take advantage of the provisions of the NJ Local Redevelopment and Housing Law (LRHL).  Consideration should be given to designating the area as an area in need of redevelopment under section (e) of the LRHL.  If the area is so designated by the Borough Council, a Redevelopment Plan will need to be developed.  The Redevelopment Plan may include consideration of tax abatement incentives, public improvements and a possible "Park and Ride" facility (to bring in potential shoppers) in the area.  Five-year tax abatements for consolidation of properties and redevelopment of those properties from a tax ratable standpoint should be considered.  From the tax ratable standpoint, the short term losses resulting from the tax abatements may be substantially offset by stimulating the redevelopment of currently poorly utilized and in some cases economically depressed properties.  From a future land use planning standpoint, tax abatement incentives may have substantial benefits by stimulating redevelopment that promotes the goals of more attractive, better coordinated and "pedestrian friendly" commercial development.

Modest expenditures on public improvements that create a more coordinated area attractive to shoppers may also have a major effect in stimulating redevelopment and should be considered as part of any Redevelopment Plan.  For example, a coordinated landscape plan that incorporates sidewalks, lighting and landscaping should be considered.  In this regard, efforts should be made to determine if federal, state or other grants are available to support such a project.  As a further incentive to the redevelopment of the B Zone, a Park and Ride facility should be considered within the B Zone area, especially in the Old Peartree Road area.  If a Park and Ride facility is developed in this area, it should be done in a way that integrates with existing and future commercial development in the B Zone and, to the extent possible, combines retail and commercial development as part of these facilities (see the Circulation Plan Element for further discussion of this proposal).

The location of a Park and Ride facility and the redevelopment of the B Zone are very much dependent upon the location of a turn-around or possibly a stop light on Route 46 with a U-turn within a convenient distance of the area.  This is a particular concern because of the proposal to close median "cut-throughs" in Mountain Lakes.  This plan will put added pressure on the turn-around that is currently closest to the area located in Denville over one-half mile from the municipal boundary.

The Planning Board should establish a special committee to investigate these and other possible alternatives for the redevelopment of the area with the following objectives.

The committee should report its findings and recommendations to the Planning Board.

Inter-Municipal Route 46 Corridor Planning

The problems and planning issues affecting the B Business Zone on the Route 46 corridor cross municipal boundaries.  Efforts to address these issues and promote attractive and economically healthy redevelopment will be most effective if addressed on an inter-municipal basis with the support of county and state agencies.  As a result, the Planning Board and Borough Council should attempt to cooperate with Denville, the county and state on these issues.  In particular Denville faces similar problems and concerns in relation to the Route 46 corridor that may more effectively be addressed on a cooperative basis.  Cooperation may include:

  1. A planning workshop, focused on the Route 46 corridor, that would attempt to stimulate ideas and build a consensus on plans for redevelopment among property owners, public officials, citizens and potential redevelopers.
  2. Involvement by the county and state in support of planning efforts and funding including the possibility of making the redevelopment of the Route 46 corridor a model for the State Development and Redevelopment Plan.4
  3. A coordinated Circulation Plan crossing municipal boundaries, supported by the county and NJDOT improving access to the area (see Circulation Plan Element) .

4The State Development and Redevelopment Plan recommends land use policies that discourage strip commercial development along highways.  The Highway Access Management Code also discourages such development.  Neither document, however, contains a model for the redevelopment of existing (but declining) strip commercial areas which are common throughout the state.  The State Planning Commission has acknowledged the need for such a model.

Midvale - Community Center

Mountain Lakes has a strong sense of itself as a community of shared values and pride of place.  The lakes, parks and schools have traditionally been important factors contributing to community identity, interaction and pride.  There is, however, a missing factor that would bring more focus to community identity and interaction - a community center.  Borough future land use policies should encourage, in an evolutionary way and on a small scale, such a center in the Borough.

The community center envisioned by this plan is an area with relatively small-scale land uses such as a convenience/general store, eating establishment, library and post office where residents of all ages can conveniently interact on a daily basis.  The Midvale area has historically been the closest to this concept of a community center in the Borough.  All of the aforementioned uses are or have been located in this area.  Midvale, however, has in recent years declined as a center of community interaction.  The decline in use of the train station by commuters and the loss of the old Market have contributed to this decline.  Limitations on parking is another important problem.  Not of least importance have been legitimate concerns about the compatibility of commercial uses with adjacent established residential areas.

The revitalization of Midvale as a neighborhood oriented community center is, however, in the best interests of the area around Midvale and for the community as a whole.  Any development or redevelopment must be compatible and consistent with the existing scale and character of the area.  The following policies that will promote these goals are recommended by this plan.

  1. Encourage the use of the Boonton Line by Borough residents.  The planned connection of the Boonton line to other elements of the NJ Transit system in the near future will of itself encourage wider use (see Circulation Plan Element).
  2. Borough land use policies should support the re-establishment of a convenience market similar to earlier ones in the Midvale area.
  3. The zoning for the area should be reconsidered in terms of permitting mixed uses that take advantage of staggered demand for limited parking spaces.  In particular, a few units of affordable housing should be permitted for the upper floors of mixed use buildings (first floor office/retail) in the area.  This development option would help address the Borough's unmet obligation under Council on Affordable Housing rules (see Housing Element).
  4. Increased vehicular traffic and speed have been concerns in the area.  The Borough Engineer should be authorized to examine cost effective ways to address these concerns such as road improvements that will encourage traffic to slow down, discourage through-traffic and promote increased pedestrian safety.
  5. Consideration should also be given to the creation of additional parking in the area by the Borough Council and/or area businesses.  Such improvements should be limited to those which can be made in a manner that is attractive and do not substantially change the character and pedestrian orientation of the area (see Community Facilities Plan Element).
  6. Public improvements to streets, sidewalks and other public areas should be considered by the Borough Council to make the area more attractive and suitable for public interaction and use.  Such improvements could include pedestrian crossings, a landscaped traffic island and landscaping (including plantings in pedestrian sidewalk areas).
  7. As commercial redevelopment occurs in the area, it should contribute to the above recommended improvement plans on a fair share basis, to the extent permitted by law (see Community Facilities Plan Element).

Morris Avenue - Fanny Road Office/Light Industrial Area

This relatively small area of less than four acres, zoned OL-2, is located between Morris Avenue and the railroad.  It includes two office and light industrial buildings, one of which has received approval for a modest expansion and additional site improvements.  Public sewers have also been extended to the area.  Although adjacent to residential areas, the relative small scale of the existing development, its general office character and limited potential for further development under the existing zoning does not create a major land use compatibility issue for the future in the area.  As a result, the existing zoning standards for this area should be continued.

Sexually Oriented Businesses

Some commercial uses involve the sale or display of sexually explicit materials which, although perhaps not obscene in the legal sense, are nevertheless highly offensive to many members of the Mountain Lakes community.  It should also be recognized that these sexually oriented uses, because of their very nature, have serious operational characteristics.  These characteristics can have a particularly negative impact when they are located near residential neighborhoods and areas.  In addition, such uses should not be permitted to concentrate in one area because such concentration could result in the blighting of that area.  Therefore, special regulation of these objectionable sexually oriented uses is necessary to ensure that they will not compromise the integrity of neighborhoods and will not contribute to blighting or areas in the Borough.

PUBLIC, SEMI-PUBLIC LAND USES

Public and semi-public land uses constitute a major category in Mountain Lakes.  About 826 acres are included, distributed as follows:

PUBLIC, SEMI-PUBLIC USE ACREAGE(Source: Tax Records, 1994)

USEACRES% DISTRIBUTION
Public (excluding lakes)62175
Semi-public385
Lakes16720
Total826100

The public uses include designated local and county parks and conservation areas, the Board of Education properties (70.37 acres) and land for public administration, public safety and public works.  A number of scattered lots in public ownership are areas with development constraints and accordingly belong in the conservation category.  These lots also add to the wooded character of the community.

Office Court Development Area

The approximately 27 acres constituting the area of the proposed Office Court development is the largest remaining vacant parcel of land in the Borough.  It is located between Route 46 and Pocono Road.  For many years, the Borough's future land use plan for this area has been for offices or light industry to provide more diversity of land use in an otherwise predominantly residential community.  In recent years, however, the Borough's priorities have changed.  The need for more active recreational facilities has been voiced by many residents and parents.  As a result, it has become more prominent as a major planning goal.  As a result the site was acquired by the Borough for active recreation as discussed in the Recreation Plan element under the section entitled Additional Recreational Facilities.  Accordingly, the site should be zoned C (Conservation).  The remaining adjacent lots in this area, currently zoned OL-2, should remain in that designation.

5Office Court was the name of an office development that was approved by the Planning Board but never built.

Major constraints and concerns will limit the net area available for any development of structures and parking on this site.  Environmental limitations include wetlands and a stream corridor which should be preserved and protected.  Part of the site has a peat moss soil layer that may need to be addressed if developed.

Park Lands, Open Space and Conservation Areas

Major designated parks include the Richard M. Wilcox Park, which extends (together with an isolated 19 acre tract of land purchased by the Morris County Park Commission with matching Green Acres funds) from Crystal and Birchwood Lakes along the Denville boundary to the Boonton Township line.  Halsey A. Frederick Memorial Park is located between Powerville and Fanny Roads, south of the YMCA facility.  Two areas of park land are located between Intervale Road and the railroad, and a few other parks of smaller size are to be found at the different lakes and elsewhere in the Borough.  Memorial Park with monuments honoring the Borough's dead in major conflicts is located on Lake Drive adjacent to Barton Road.  In 1995, the Office Court site, located between Route 46 and Pocono Road, was purchased by the Borough to address the need for more active recreational fields.

The 1994 Master Plan Reexamination Report recommended that the Master Plan should be made consistent with the long standing Borough policy not to sell Borough-owned property that has served as open space, conservation and recreational areas for many years.  For example, since 1964, the Zoning Ordinance has contained a listing of properties dedicated to park, recreational use and environmental protection.  This list, however, was not comprehensive.  As a result, the 1994 Reexamination Report recommended that all land owned by the Borough (and County) intended to be dedicated, by easement or otherwise, for purposes of conservation, park land or open space should be designated as such in the Master Plan.

The preservation of these open space areas is a critical part of this plan because of Mountain Lakes' long established land use pattern.  The existing land use pattern in most neighborhoods was established in the early part of this century as part of the original development of Mountain Lakes as a planned residential community, essentially a "residential park".  It is characterized by relatively compact and dense (in comparison to other communities in Morris County) residential neighborhoods.  The relative compactness and density are, however, compensated for by publicly owned open space areas that are located throughout the community.  The combination of large areas of open space and relatively high density neighborhoods has a net result of essentially a very large cluster development with houses on relatively small lots but compensated for by substantial open space areas.  This planned community pattern is important and fundamental to the scale and character of Mountain Lakes and should be preserved.

Therefore, the list of properties contained in Appendix A (entitled: Property Designated for Purposes of Conservation, Park lands or Open Space in the Borough of Mountain Lakes) is hereby designated in this plan as being dedicated by easement or otherwise for purposes of conservation, park lands and/or open space.

Semi-public Facilities

The semi-public uses include the Wilson School, off the Boulevard, five churches, a lodge, the YMCA, and other private recreation facilities.

SEMI-PUBLIC USES(Source: Tax Records, 1994)

USESACRES (approx.)
Wilson School1.8
Community Church1.5
St.  Catherine's11.0
King of Kings5.0
St.  Peter's0.9
Christian Science1.2
Masonic Lodge0.9
YMCA7.7
Park Lakes Tennis6.5
Mountain Lakes Club1.2
Total37.7

LAND USE ORDINANCES

Municipal Land Use Law Amendments

There have been numerous changes in the Municipal Land Use Law in recent years that should be reflected in the Borough Land Use Ordinances.  The Borough Land Use Ordinances should be amended where appropriate to reflect the changes.

SUMMARY OF MAJOR LAND USE POLICIES

The following is a summary of the major land use policy recommendations for Mountain Lakes contained in this plan element.

  1. Preserve the dominant residential character of Mountain Lakes by continuing the established mix and intensity of uses.
  2. Preserve the traditional character of residential neighborhoods while permitting gradual in-fill development on vacant lots through established zoning and subdivision standards.
  3. Rezone the Office Court site to permit open space and recreational uses.
  4. Rezone the Fusee site (Block 88 Lot 18) to permit its redevelopment for multi-family housing, including an affordable housing component.
  5. Rezone the Rush site (Block 116, Lot 3.03) to R-1 in accordance with an agreement between the Borough and the owners.
  6. Amend the Zoning Ordinance to establish a "General Affordable Housing Overlay Zone" requiring that 20% of the housing units in any new residential development consisting of five or more units be affordable (or a in lieu cash contribution) consistent with the recommendations contained in the Housing Element and Fair Share Plan.
  7. Continue Borough land use policies to accommodate trends of people working at home while maintaining the residential character of neighborhoods.
  8. Promote redevelopment of the B Zone in the Route 46E area in a manner that is more coordinated, attractive and pedestrian oriented through rezoning and other feasible options including but not limited to a possible designation as an area in need of redevelopment.
  9. Promote inter-municipal cooperation and planning on the Route 46 corridor.
  10. Promote the redevelopment of the Midvale area as more of a community center and for mixed use, including affordable housing, where feasible.
  11. Review the present development standards when the results of the ongoing Natural Resources Inventory and the ongoing water resource study are available.
  12. Maintain and continue the many Borough-owned areas (including conservation easements) that serve as important open space and conservation areas.
  13. Encourage more diversity in housing options within the Borough by providing opportunities for rehabilitation of substandard units, senior citizen housing and affordable housing.
  14. The Land Use Ordinances should be amended to incorporate the changes in the Municipal Land Use Law where appropriate.