In 1998 the Environmental Commission received a NJDEP Office of Environmental Services grant that included digitizing all the Township's conservation easements to create a database and a map. This project initiated the following procedure developed by the Mendham Township Environmental Commission for completing a reliable inventory of all conservation easements and conducting a baseline inspection.

Project Description At the recommendation of the Planning Board attorney, Warren Dunn, the first step was to do a title search for all the easements granted to Mendham Township.  The title searchers produced a detailed list of the easements, which included the block and lot number, the deed book location, the name of the grantor, and photocopies of the deeds.  The cost for this search was $5000. The title search included all the deeds in which Mendham Township was grantee, which included other types of easements such as drainage and sight easements, so it was necessary to separate the data on conservation easements. The next step was to compare the conservation easements shown on Mendham Township's tax map with the list of deeds.  In some cases there were deeds for easements that did not appear on the tax map, and in other cases easements on the tax map for which no deed was filed.  The discrepancies had to be resolved in some cases by researching the original subdivision folders in the Planning Board office.  It took about a year to resolve these discrepancies between the tax map and the deeds, and with all the cross-checking that was done, it was felt that the final inventory of conservation easements was as accurate as was possible.  The total number of easements identified at that time was about 70.  A GIS database and map of the conservation easements were then prepared for the grant project by the Upper Raritan Watershed Association. In 2004 the Commission undertook the next phase in the conservation easement project: to educate owners of property containing conservation easements on the restrictions outlined in the deed, and then to undertake a baseline inspection of all the easements. The first step in this phase was to review and update the easement folders created in 2000.  Most of the Township's easements were created during the subdivision process, so one conservation easement may have been created for a subdivision, but once the property was subdivided there may have been several lots on which that easement occurred. Therefore the file of easement folders had to be expanded to include a folder for each lot on which an easement existed, and the file then included 167 folders. The next step was to inspect the easements.  The Commission unanimously felt that this was not an appropriate project for the volunteer members to undertake.  The Commission hired a professional forester on an hourly basis who was already working with the Township Tree Committee.  A subcommittee of the Commission then met with the inspector to draft the initial letter to property owners with conservation easements, set up a schedule for inspections, and develop a monitoring form. The subcommittee also drafted a brochure on conservation easements, modeled on one produced by the Old Bridge Environmental Commission. The easement folders were then prepared with the material needed for inspections.  Each property folder was supplied with the following: A copy of the easement deed Three copies of a map of the lot showing the conservation easement - either photocopied from the current tax map or the original subdivision.  On each copy the easement was highlighted. The name and address of the current property owner, taken from the tax book. A copy of the monitoring form.  Essential information such as name and address, block and lot number, type and date of conservation easement, were filled in by a Commission member. A pocket folder for the inspector to take into the field. From the material in the property folder, the pocket folder was prepared for the inspector that included the monitoring form and a copy of the map with easement highlighted.  The inspector took these folders into the field, completed the monitoring form and took photographs of the easement, using the map to mark locations where the photographs were taken. At the inspector's suggestion, it was decided to start with a small group of property owners to see if our procedures or paperwork needed any revising.  The initial mailing went to twenty property owners and included: A letter of explanation to the property owner. A copy of a map of the owner's property with the easement highlighted. A copy of the conservation easement brochure. A notification of the time period of ten days to two weeks in which the inspection would take place. The letter included the names of three Commission members to call with questions.  The time period notification included the name and telephone number of the inspector, who preferred not to make specific appointments with property owners unless they requested it, to give himself flexibility in managing the inspections. After the first successful group of inspections, the Commission continued to send out the letters to property owners in batches of 20 or 30, which was the number the inspector felt he could inspect within the specified period.  This continued over a period of 6 months, until the project was complete.  In response to 167 notices that were mailed, the Commission received a total of 3 or 4 phone calls - all only requesting information.  The inspector received an equally small number of phone calls - to set up a specific day and time, or to warn of dogs or locked gates. After the inspector returned the first group of easement monitoring forms, the Commission subcommittee reviewed the reports for comments that needed to be passed along to the property owners.  Letters to the property owners notifying them that the inspection had been completed were sent after each batch of monitoring reports were returned by the inspector.  If the inspection reports had indicated any problems within the easement, they were noted at the bottom of the letter.  The Commission had agreed at the beginning of the inspection project that this baseline monitoring would be solely for the purpose of educating property owners, as well as educating Mendham Township on the compliance of property owners with the provisions of conservation easements.  Out of 167 easements, only 19 were found to include some type of disturbance within the easement, most frequently a case of yard waste being dumped in the easement.  In all these 19 cases, recommendations for remediation were included in the follow up letter. The completed conservation easement file now contains folders that include the following: A copy of the easement deed. One copy of a map of the lot showing the conservation easement - either photocopied from the current tax map or the original subdivision, with the easement highlighted. The pocket folder completed by the inspector, containing a copy of the monitoring form, the photographs, the copy of the map indicting locations of the photographs, and a copy of the report letter sent to the property owner. The conservation easement inventory and baseline inspection project was completed in December 2005.  The bill for inspections was $5,300, bringing the total dollar cost of the project to $10,300.  Completion of the project required an enormous number of volunteer hours. The question of when the next complete monitoring of easements should be undertaken is still being discussed.  In the meantime the Commission may undertake a baseline inspection of conservation easements as they are granted in new subdivisions, so that the file will be up to date when the next complete monitoring takes place. Mendham Township has recently adopted an ordinance requiring easement markers in new subdivisions.  Delineating the borders of the conservation easements with markers will make future inspections more efficient and accurate. Sarah Dean Link Co-Chair Mendham Township Environmental Commission February 2006 Conservation Easement Subcommittee: Kim Crumrine Robert Gates Jamie Kinsel Sarah Dean Link Ralph Rhodes Richard Watt Inspector: John Linson Shade Tree Department LLC Addendum April 2006 In March 2006, the Mendham Township Committee approved the following plan to educate new owners of properties with conservation easements as these properties change hands: The Township tax office has been provided with a copy of all the properties with conservation easements in Mendham Township listed by block and lot, which will be updated as needed.  This list will be consulted when new deeds arrive in the tax office, and the Environmental Commission will be supplied with the names of new property owners. The Commission will send a mailing to new property owners including: A letter of explanation. A copy of a map of the owner's property with the easement highlighted. A copy of the conservation easement brochure. The Commission hopes that this will give the Township greater confidence in the continuation of our residents' high level of compliance with the deed restrictions on conservation easements.

Conservation Easements   What They Are and Why They Are Important This brochure answers frequently asked questions about conservation easements in Mendham Township

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What is a "conservation easement"?

A conservation easement is a legal obligation by which a property owner agrees to restrict the use of a portion of his property in order to protect environmentally sensitive features such as streams, steep slopes, and wetlands and their transition areas.  Easements are frequently granted during the Planning Board process when land is subdivided into smaller lots.  Once an easement has been granted on a property it becomes a perpetual legal agreement, and every subsequent owner of the property is bound by the terms of the easement.

What natural resources are protected by conservation easements?

Mendham Township has established ordinances over a period of years to protect the following natural resources:

Streams  All streams in Mendham Township have the highest classification for water quality, either 'trout production' or 'trout maintenance'.  An easement of 150 feet on either side of a stream is usually required.

Wetlands  The majority of freshwater wetlands in Mendham Township, as delineated by the New Jersey Department of Environmental Protection, are classified 'exceptional value' and are protected by easements.

Wetland Transition Areas  These are buffer areas, usually 150 feet in width, to protect the fragile environment of wetlands.

Steep Slopes  Areas of slopes over 25 per cent may be protected by easements.

Roadscapes  Forested roadscapes may be protected by a 50 foot easement to preserve the rural character of Mendham Township.

What restrictions are imposed by the conservation easement ?

Conservation easements protect environmentally sensitive land.  The existence of an easement does not mean that the owner has surrendered ownership or is obliged to give the public access to his land, except to the Township for purposes of maintenance or inspection.  In order to protect these sensitive lands, the easement deed prohibits such actions as destroying or removing vegetation, dumping or excavating materials, and building roads, structures, fences or other improvements.  Quite simply, the area must be left in its natural state.

How do I know if there is a conservation easement on my property?

The area bounded by an easement is described in the legal document that conveyed the conservation easement to the Township.  If your property was created as part of a subdivision, all easements would be shown on the 'final map', a copy of which should be on file at the Township Municipal Building and at the Morris County Hall of Records.  The existence of an easement would have been found in your pre-closing title search. In addition, all conservation easements are shown on the official Mendham Township tax map which is available for inspection in the Municipal Building.

Why is a conservation easement important to our community?

Environmental protection through conservation easements is beneficial to everyone in Mendham Township as well as adjacent communities.  Mendham Township contains the headwaters of the Whippany, Raritan and Passaic River watersheds as well as a great many natural resources.  Conservation easements protect these resources by preserving natural vegetation which contributes to higher water quality in our streams and aquifers, by helping to support a wide variety of flora and fauna including threatened and endangered species, and by guiding disturbance of land and development to appropriate areas.

Mendham Township has been acquiring conservation easements for over thirty years, and one of the major goals of the Township's Master Plan of 2000 is the protection of our exceptional environmental resources.  Conservation of these resources is critical to the quality of life and character of Mendham Township.

Mendham Township Environmental Commission
2005

1. Block and lot number:

2. Property address:

3. Current landowner:

   Address:
   Phone:

4. Type of conservation easement:

   Transition Area____ Wetland____ Stream____ Steep Slope____ Roadscape____

5. Date easement granted:

6. Easement restrictions, if different from standard:

7. Directions to reach easement (if necessary):

    

8. Physical description of easement:

    

    

    

    

9. Easement markers:

   Are they required for this property?
   If so, are they installed?

10. Easement condition - man-made alterations:

    • Buildings or structures

    • Removal of vegetation

    • Excavation

    • Dumping. Describe material.

    • Stream encroachment

    • Natural hazards

11. Photographs taken:

12. Comments and recommendations for corrective action:

     

     

     

13. Inspected by:

14. Date of inspection:

15. Signature of monitor:

16. Others present at inspection:

17. Record of phone conversations between property owner and Commission members or monitor: <\ul>

October 1, 2005

Dear

Your property is one of many in Mendham Township that contains a conservation easement.  The easement was established to protect specific environmentally sensitive features such as streams, steep slopes and wetlands and their transition areas.

In order to maintain conservation easement records and monitor the observance of easement restrictions, the Environmental Commission has retained the consulting services of Mr. John Linson.  He is a licensed forester and will be monitoring all conservation easements to inspect and photograph the condition of the easements and update Township records.  Under the terms of conservation easements granted to the Township, the Township has the right to periodically inspect the easement area.

The Environmental Commission will advise you of the approximate date when the monitoring will occur on your easement.  Please feel free to call one of the Commission members listed below if you have any questions or concerns before that time.  We have enclosed a brochure on conservation easements and their importance as well as a map of your lot with the easement delineated.  Following the inspection you will be informed of Mr. Linson's observations and any recommendations he and the Commission might have concerning conditions that are not consistent with the easement agreement.

Thank you for being a steward of Mendham Township's exceptional natural resources.  The Environmental Commission looks forward to working with you to protect these resources.

Sincerely,

Ralph Rhodes
Sarah Dean Link
Co-Chair

Enc.

Commission members:
   Sarah Dean Link   973-543-xxxx
   Ralph Rhodes   973-543-xxxx
   Kim Crumrine   973-543-xxxx

BLOCK 100   \ LOT 1

Monitoring will take place on the conservation easement on this property between October 17 and November 6, 2005.  If you have questions concerning the date of the inspection please contact:

Name of inspector
Address
Telephone number

December 1, 2005

Block 100 Lot 1

Dear John and Mary Smith,

As part of the Environmental Commission's conservation easement monitoring project, the conservation easement on your property has been inspected by our representative, licensed forester John Linson.  The complete report is available for review at the Municipal Building in Brookside.  If any departures from the provisions of your easement were observed, they are summarized below.

The Environmental Commission plans to continue its oversight of conservation easements as well as provide educational information on their importance.  We hope that this project has made our residents more aware of the value of easements and their protection.  On behalf of Mendham Township, thank you again for being a steward of the Township's exceptional natural resources.

Sincerely,

Ralph Rhodes
Sarah Dean Link
Co-Chair

There appears to be recent dumping of yard waste in the conservation easement.

Dear

The property you have recently purchased is one of many in Mendham Township that contains a conservation easement deeded to the Township. The easement was established to protect specific environmentally sensitive features such as streams, steep slopes and wetlands and their transition areas.

The Mendham Township Environmental Commission has developed a conservation easement protection program that includes files of all easements, a monitoring system and educational outreach to easement holders.

To help you understand the purpose and restrictions of your easement, we are enclosing a brochure on conservation easements and their importance, as well as a map of your lot with the easement delineated. In addition, please refer to your deed for specific information related to your easement.

If you have any questions, please do not hesitate to call one of the Environmental Commission members listed below. Thank you for being a steward of Mendham Township's exceptional natural resources.

Sincerely,

Ralph Rhodes
Sarah Dean Link
Co-Chair

Enc.

Commission members:
   Sarah Dean Link   973-543-xxxx
   Ralph Rhodes   973-543-xxxx