[1988 Code 150-21; Ord. No. 534-07 § 2; Ord. No. 554-08; Ord. No. 2015-09]
a. Intent. It is the intent of the Borough of Cape May Point to require
a Landscape and Vegetation Plan for several reasons:
To continue its "history of coexistence of human habitation
with natural habitat that supports legendary concentrations of migrant
and resident wildlife." The trees on both private and public lands
are crucial to the continued ability of the Borough to support a "world-class
migration spectacle." The maintenance and replacement of the excellent
variety of trees is necessary to retain "what is effectively any arboretum
and a premier nature sanctuary." (Tree Survey of Cape May Point 2006-2007
by Mark Garland, Garland Cunningham LLC.)
Additionally, there are social, environmental and economic benefits:
Trees alter the environment by moderating climate (thus reducing energy
costs), improving air quality (by absorbing carbon dioxide, ozone,
carbon monoxide and sulfur dioxide), conserving water, and increasing
the value of a property.
b. Prior to the issuance of any zoning permit for the following:
1. An addition or alteration to an existing structure which increases
the lot covering in excess of 10%;
2. Construction of a new residential unit; or
3. Removal of more than 25% of the existing vegetation covering the
lot.
A Landscaping and Vegetation Plan must be submitted to and approved
by the Cape May Point Zoning Officer to ensure substantial compliance
with criteria and requirements set forth in this section, which Landscaping
and Vegetation Plan must constitute a minimum of 60% overall area
of the lot and incorporate the parameters of paragraph f1 hereafter.
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For purpose of calculating the area of removal or disturbance
of vegetation, trees shall be considered to cover an area equal to
that encompassed by their drip line.
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c. The Landscaping and Vegetation Plan must constitute a minimum of
60% of the overall lot, either left in its natural state or covered
in vegetation, incorporating the parameters of paragraph f1 hereafter.
The utilization of natural indigenous vegetation is encouraged.
d. The Zoning Officer may require such information as is reasonably
necessary to enable him to make the determinations required under
the provisions of this chapter.
e. All driveways and parking areas shall be a pervious surface.
f. Trees.
1. All existing trees outside a building footprint having a three-inch-diameter
trunk measured from three feet above the ground shall remain if said
trees are in excess of six feet from the outside of the exterior wall
of the proposed structure. In the event that an applicant wishes to
remove a tree or trees as above described, that applicant shall then
be required to plant two trees for each tree removed, which such replacement
trees shall be of at least two inches in diameter at three feet above
the ground at a location on the property to be chosen by the applicant.
2. In addition to replacement of removed trees above described, the
applicant shall replace, at a location of his or her choice on the
property, all trees located within the footprint of the proposed structure
if said trees have a trunk at least three inches in diameter measured
at three feet above the ground according to the same formula set forth
above. Therefore, in addition to the above-required replacement of
removed trees outside the proposed footprint plus six feet, the applicant
shall plant one native tree along the side yard and rear yard, which
tree shall be at least two inches in diameter measured at three feet
above the ground or two native trees at least one inch in diameter
measured at three feet above the ground excepting that the applicant
shall be permitted to plant three bushes, in lieu of a tree, if said
bushes are a minimum of two feet in diameter. All replacement trees
and bushes shall be listed in the Environmental Commission Native
Trees and Woody Plants list, which shall be available for inspection
and copying at the Borough Clerk's Office during normal business
hours. This requirement is to make up for the replacement of shrubs
and is in addition to the requirement for replacement trees above-described
where said trees are to replace removed trees from outside the building
envelope. However, the applicant shall not be required to plant trees
closer than 10 feet between the two, said distance being measured
from the center trunk to center trunk. The replacement trees need
not be of the same species as the trees being removed.
[Amended 10-14-2021 by Ord. No. 08-2021]
3. Regardless
of whether trees are removed and replaced, as described above, each
standard five thousand (5,000) square foot lot shall contain a minimum
of three native trees.
[Added 10-14-2021 by Ord. No. 08-2021
g. Except as otherwise herein provided, the landscaping and vegetation
plan shall retain as much of the natural vegetation as is possible.
Any existing vegetation that is contained on either of the Environmental
Commission lists of prohibited plants, which shall be made available
for inspection and copying at the Borough Clerk’s Office during
normal business hours, shall be removed
[Added 10-14-2021 by Ord. No. 08-2021
h. No lot clearing, shall occur unless a zoning permit is first obtained.
After such permit is obtained, lot clearing shall not commence prior
to the issuance of a construction permit for the related construction.
i. Nothing contained herein is to be interpreted as indicating that
an applicant is prohibited from planting additional trees, bushes,
grasses or flowers on their property. However, applicants may not
plant any trees, bushes, grasses or flowers that are contained on
either of the Environmental Commission lists of prohibited plants.
[Added 10-14-2021 by Ord. No. 08-2021
j. Existing Lots.
1. Existing improved lots with structures shall be allowed to exist
in their current state, together with routine maintenance, expansion,
trimming, planting and replanting of vegetation.
2. Existing improved lots with structures having less than 60% overall
vegetation coverage will be allowed to remain as such, but will be
considered an existing nonconforming landscaped property in which
the nonconformity must be corrected should the primary structure be
altered, outbuildings added or the property be significantly altered
or relandscaping new landscaping and vegetation plan must constitute
a minimum of 60% overall vegetation coverage of the lot, and incorporate
the parameters of paragraph f1.
k. In lieu of replacing bushes, vines and grasses, the applicant shall
plant or leave in place one tree at approximately twenty-foot intervals
along the side yard and rear yard, which trees shall be at least two
inches in diameter, or the applicant shall plant two bushes of a minimum
of two feet in diameter in lieu of every second replacement tree.
The requirements of this paragraph are in addition to other tree requirements.
l. In the case of the issuance of zoning permit for alteration or construction,
the property owner shall be required to plant any new vegetation provided
for by the landscaping and vegetation plan within six months of the
issuance of a certificate of occupancy for such structure. In the
case of the issuance of a permit only for the removal of natural vegetation,
the property owner will be required to plant any new vegetation provided
for by the landscaping and vegetation plan within six months of the
issuance of said permit.
m. Any property owner or person aggrieved by a determination of the
Zoning Officer under the provisions of this chapter may appeal to
the Cape May Point Board of Adjustment; provided, however, that said
appeal is filed, in writing, within 45 days after said property owner
or person receives notice of the decision by the Zoning Officer.
n. In order
to ensure compliance with the provisions of this Chapter, all applicants,
prior to the issuance of a certificate of occupancy by the Borough,
shall be required to certify that they have complied with all of the
requirements of this Chapter. In the event that it is determined by
the Borough that an applicant is in violation of this Chapter, either
prior to or subsequent to the issuance of a certificate of occupancy,
the applicant shall have a period of 30 days to remedy the cited violation
in accordance with the provisions of this Chapter.
[Added 10-14-2021 by Ord. No. 08-2021]
1. In the
event that an applicant fails to remedy a cited violated within the
time period prescribed above, the applicant shall be subject to a
penalty of $100 per day until the violation is remedied to the satisfaction
of the Borough. Each day that a violation continues unabated shall
be considered a continuing violation and shall not require a new violation
notice to be issued to the applicant.
2. In the
event that it is determined that an applicant has falsified a certification
submitted to the Borough in accordance with the provisions of this
Chapter, the applicant shall be subject to a fine of $1,000 per offense
and shall be required to submit a revised certification after the
applicant has complied with the provisions of this Chapter.