[1988 Code 150-21; Ord. No. 534-07 § 2; Ord. No. 554-08; amended 10-14-2021 by Ord. No. 08-2021; Ord. No. 2015-09; 5-9-2024 by Ord. No. 11-2024; 8-26-2025 by Ord. No. 08-2025; 5-13-2025 by Ord. No. 04-2025; 11-25-2025 by Ord. No. 09-2025]
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. An addition or alteration of an existing structure which increases the livable floor area in excess of 10%, based on the original floor area prior to renovation;
3. Construction of a new residential unit; or
4. 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 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. |
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. |
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. Half of the area under pergolas, as defined in Section
150-3, shall contribute to the 60% vegetative lot area if the ground cover under them consists of vegetative or organic material. 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.
1. Concrete, asphalt, and masonry pavers are not acceptable pervious surfaces.
2. Grass and organic material are acceptable pervious surfaces and will have a 100% vegetative area credit toward parking area.
3. Stones and shells are acceptable pervious surface systems and will not receive any vegetative area credit.
4. Properly-installed eco-paver driveways are acceptable pervious surface systems and shall be considered partially vegetative (for purposes of the calculation of 60% lot area in Section
150-21c.) Specifically, 50% of the surface area of an eco-paver driveway may be credited toward vegetative coverage up to a maximum of 200 sq. ft. credit.
"Properly-installed eco-pavers," for the purposes of Cape May Point Code and the vegetative credit, are defined as: allowing vegetation to grown through a minimum of 40% of their surface and being installed consistent with manufacturer instructions.
f. Trees.
1. In the event that an applicant wishes to remove a tree or trees from a property, the applicant shall be required to adhere to the requirements of Chapter
138 of the Code related to required tree removal and replacement on the property.
2. Regardless of whether trees are removed and replaced on a property, each lot within the Borough shall be required to contain a minimum number of native trees in compliance with the below chart:
(a) Lots under 5,000 square feet: three trees, of which one must be a medium or large species;
(b) Lots of 5,000 square feet: three trees, of which two must be a medium or large species;
(c) Lots over 5,000 square feet and less than 7,500 square feet: four trees, of which three must be a medium or large species;
(d) Lots between 7,500 and 9,999 square feet: five trees, of which four must be a medium or large species;
(e) Lots of 10,000 or more shall meet the requirements of two (2) standard lots of 5,000 square feet each.
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
h. No lot clearing, shall occur unless both a zoning permit and a tree removal permit are first obtained by an applicant. After such permits are obtained, lot clearing shall not be permitted to 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.
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.
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.