West Cape May City Zoning Code
§ 27-36
LANDSCAPING AND VEGETATION PLAN.
[Ord. No. 268-99 § 1; Ord. No. 462-11; Ord. No. 494-2015 § 3; Ord. No. 530-2017 § 1; 3-10-2021 by Ord. No. 592-21]
It is the intent of the Borough of West Cape May to require a Landscaping and Vegetation Plan for several reasons: To continue the history of coexistence of human habitation with natural habitat that supports concentrations of migrant and resident wildlife. The maintenance and replacement of trees and vegetation on both private and public lands are crucial to the continued ability of the Borough to support migration. 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 land value. The provisions of this section and Ch. 30 are to be read together for the protection and preservation of trees.
a.
Prior to the issuance of any zoning permit for additions to any existing structure which increased the lot coverage in excess of 10%, or construction of a new dwelling unit, or conversion of larger dwelling units to apartments or condominiums or the removal of more than 40% of the vegetation covering of a lot, a landscaping and vegetation plan for the parcel in question must be submitted to and approved by the City of West Cape May Zoning Officer to ensure substantial compliance with the criteria and requirements set forth in this section, which landscaping and vegetation plan must constitute the minimum percentage of overall vegetation coverage of the lot as set forth below and incorporate the parameters of Subsection e hereafter:
1.
R1 — 45% overall vegetation coverage
2.
R2 — 55% overall vegetation coverage
3.
R4 — 60% overall vegetation coverage
4.
R5 — 60% overall vegetation coverage
5.
C1 — 35% overall vegetation coverage
6.
C2 — 35% overall vegetation coverage
7.
C3 — 20% overall vegetation coverage
b.
The landscaping and vegetation plan must constitute the above minimum percentage of the overall lot either left in its natural state or covered in vegetation, incorporating the parameters of Subsection e hereafter. The utilization of natural indigenous vegetation is encouraged.
c.
The Zoning Officer may require such information as is reasonably necessary to enable him to make the determination required under the provision of this chapter. Any landscaping or vegetation plan proposing removal of trees, or other tree care services, shall be referred for administrative review and approval by the Shade Tree Commission Executive Committee or the Borough Arborist, and absent administrative review and approval, the plan shall be referred for full review before the Shade Tree Commission.
d.
All driveways and parking areas shall be deemed to be covered and excluded from the overall vegetation coverage for the purposes of this section.
e.
Trees.
1.
All existing trees outside a building footprint having a three (3") inch diameter trunk measured at a point four and one-half (4.5') feet above the ground on the downhill side of such tree, shall remain if said trees are in excess of six (6') 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 replacement trees shall be of at least two (2") inches in diameter at a point four and one-half (4.5') feet above the ground at a location on the property to be chosen by applicant.
2.
In addition to the replacement of removed trees above described, the applicant shall replace at a location of his or her choice on the property, any trees located within the footprint of the proposed structure, plus six (6') feet, if said trees have a trunk at least three (3") inches in diameter measured at a point four and one-half (4.5') feet above the ground on the downhill side of such tree. For every tree removed within the footprint of the existing or proposed structure, plus six (6') feet, the applicant shall plant one tree along the side yard and rear yard which tree shall be of the same size as the replacement tree above described. However, the applicant shall not be required to plant trees closer than ten (10') feet between the two, said distances measured from center trunk to center trunk. The replacement trees need not be of the same species as the trees removed, however, they shall be of the same height classifications as the trees removed. There may be circumstances in which these general guidelines for replacement are unworkable due to unique conditions affecting land. The Shade Tree Commission may determine the appropriate replacement obligation balancing the purposes of tree protection stated in the preamble to this section and with the general guidelines for replacement, which may include contribution to a tree bank, which are funds dedicated to tree replacement and maintenance initiatives throughout the Borough.
3.
The location of the tree to be removed determines the replacement obligation. All replacement trees or bushes may be installed in a location determined by the applicant in accordance with this section. The example graphic below depicts the areas subject to Subsections e,1 and e,2 above:
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4.
As part of the Landscaping and Vegetation Plan required by this section, the applicant shall submit a Tree Inventory identifying all existing trees as defined in Chapter 30, § 30-1. The trees shall be identified on a plan depicting the site and the applicant shall indicate all proposed site improvements, and delineate in the tree preservation plan the trees to be retained on site, and the measures to be implemented for their protection. For purposes of complying with this section, the plan depicting the location of the trees may be submitted without a seal.
5.
A Tree Protection Zone (TPZ) shall be delineated around all trees to be protected during a project to limit root pruning and restrict traffic and material storage. The TPZ shall specify a distance in which excavation, storage, and other construction-related activities shall be prohibited. The TPZ may vary depending on species, factors, age and health of the plant, soil conditions, and proposed construction. The TPZ may be accomplished by physical barriers or soil protection layers or treatments. TPZ barrier(s) shall be installed prior to any activities performed on the site that may impact the root zone or aboveground parts of the tree.
(a)
The area and dimensions of the TPZ shall be calculated by multiplying the diameter of the tree by 12. Plywood fencing with a height of at least four feet shall be located at that distance and surround the tree completely. Nothing should enter or be placed within the TPZ until the project has been completed.
(1)
Example: A tree with a ten-inch diameter: 12 by 10 inches = 120 inches or 10 feet. In this example, the wooden fencing should surround the tree at a distance of 10 feet from the trunk of the tree.
(b)
If site conditions make compliance with the TPZ impractical, the Borough Arborist or designated representative of the Shade Tree Commission may approve alternative mitigation procedures reasonably calculated to advance the purposes of the TPZ, or that such activities will not impact tree health.
(c)
The Arborist or designated representative may include such reasonable conditions necessary for the protection of trees as described herein.
(d)
Fencing or other barriers to the TPZ shall be installed prior to site clearing, grading, and demolition, and maintained through construction and landscaping. Excavation, storage, and other construction-related activities shall be prohibited within the TPZ. TPZ fencing may be removed upon the issuance of a CO, or earlier if approved by the Borough Arborist or designated representative of the Shade Tree Commission.
6.
If a referral is made to the Shade Tree Commission, the Commission may determine to grant or deny removal of one or more trees pursuant to § 30-1.6, notwithstanding the applicant's proposal to conform to the general replacement obligation contained herein.
7.
It shall be a violation of this section, punishable under § 30-2, for any person, corporation, or entity to remove a tree in order to avoid the provisions of this section. In addition to the penalties in § 30-2, the Borough may issue a stop work order until corrective measures have been taken.
f.
Except as otherwise herein provided, the landscaping and vegetation plan shall retain as much of the natural vegetation as is possible. The proposed removal of any tree that is included on the Borough of West Cape May's Significant Specimen Trees shall be subject to the permit requirements of Subsection 30-1.4.
[Ord. No. 494-2015 § 3]
g.
Nothing herein is to be interpreted as indication that an applicant is prohibited from planting additional trees, bushes, grasses or flowers.
h.
Existing Lots.
1.
Any 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 the required percentage of 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 relandscaped which increases the lot coverage in excess of 10%. Any new landscaping and vegetation plan must meet the minimum required percentages of overall vegetation coverage for the lot, as set forth herein, and incorporate the parameters of Subsection e,1.
i.
In lieu of replacing bushes, vines and grasses, the applicant shall plant or leave in place one tree at approximately twenty (20') foot intervals along the side yard and rear yard, which trees shall be at least two (2") inches in diameter, or the applicant shall plant two bushes of a minimum of two (2') feet in diameter in lieu of every second replacement tree. The requirements of this subsection are in addition to other tree requirements.
j.
In the case of the issuance of a 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 60 days of the issuance of a Certificate of Occupancy for the property, or within 60 days of the beginning of the planting schedule below, whichever date is earliest. In the case of the issuance of a permit only for the removal of natural vegetation, the property owners will be required to plant any new vegetation provided for by the landscaping and vegetation plan within 60 days of the issuance of said permit, or within 60 days of the beginning of the attached planting schedule below, whichever date is earliest.
Table 811.03.01.1 Optimal Planting Season | |
|---|---|
Type of Plant | Season |
Broad leaf and coniferous evergreen trees, shrubs, vines, and ground covers | March 1 to May 15 August 15 to December 1 |
Deciduous trees, shrubs, vines, ornamental grasses, and perennials | March 1 to May 15 October 15 to December 1 |
Container grown plant materials | March 1 to May 15 August 15 to December 1 |
Narcissus | October 15 to December 1 |
Hemorocallis | March 1 to May 15 |
k.
Any property owner or person aggrieved by a determination of the Zoning Officer under the provisions of this chapter may appeal to the Borough of West Cape May Board of Adjustments; provided however, that said appeal is filed, in writing, within 45 days after said property owners or person receives notice of the decision by the Zoning Officer.
