Cape May Point City Zoning Code
ARTICLE IX
Signs; Fencing and Landscaping
§ 150-19 SIGNS AND BILLBOARDS.
[1988 Code § 150-19]
a.
No signs or billboards shall be permitted in any residential zone except customary professional signs and rooming house or boardinghouse signs not larger than two square feet and real estate signs not larger than eight square feet. No sign or billboard, except regulation traffic signs and officially placed notices of the Borough, shall be placed beyond the property line of any property or extend beyond or over the sidewalk, street or highway.
b.
No flashing or neon signs shall be permitted on the exterior of any building in any zone.
c.
No sign or signs larger in total area than 50 square feet shall be permitted on any commercial building, and such signs must be placed on the building or on the ground which is part of the lot on which such property is located.
d.
No lot shall contain more than one sign, except during the period of construction when trade signs are permitted. Any freestanding sign shall contain the advertisement for only one person, partnership or corporation, whether one- or two-sided. No sign may be placed on or attached to a building or erected independently for any purpose other than to advertise a permitted business or use conducted on the same lot. A sign temporarily advertising the sale of the lot or a portion thereof shall be permitted, but said sign shall be removed, at the expense of the advertiser, within 30 days after the transfer of the title of the property. Subcontractor's and contractor's signs must be removed within 30 days of the completing of work advertised by said signs. A sign affixed to the building, indicating only the name of the house, will not be considered an advertisement for the purpose of this chapter.
§ 150-20 FENCES, WALLS AND HEDGES; VISIBILITY AT INTERSECTIONS.
[1988 Code § 150-20]
a.
On a corner lot in any zone, no fence, wall, hedge or other structure or planting more than three and one-half (3 1/2) feet in height, except shade trees trimmed not less than eight feet from the ground, shall be erected, placed or maintained within the triangular area formed by the intersecting rights-of-way and a straight line joining said rights-of-way at points which are 30 feet distant from the point of intersection.
b.
All fences shall be a maximum of four feet in height and may be constructed at the property line except as provided at intersections. Fences may be constructed to six feet in height when located in the rear yard only.
§ 150-21 LANDSCAPING AND VEGETATION PLAN.
[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]
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. 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.
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.
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 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.
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.