New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 7 - COASTAL PERMIT PROGRAM RULES
Subchapter 13 - REQUIREMENTS FOR IMPERVIOUS COVER AND VEGETATIVE COVER FOR GENERAL LAND AREAS AND CERTAIN SPECIAL AREAS
Section 7:7-13.14 - Vegetative cover percentages for a site in the upland waterfront development area

Universal Citation: NJ Admin Code 7:7-13.14

Current through Register Vol. 56, No. 6, March 18, 2024

(a) The area (in acres) on a site in the upland waterfront development area in which trees and/or herb/shrub vegetation shall be planted or preserved is calculated as follows:

1. To determine the area (in acres) of tree preservation and/or tree planting on the site:

i. Identify the forested and/or unforested portions of the site, as determined under N.J.A.C. 7:7-13.5;

ii. If a site or portion of a site identified at (a)1i has more than one development intensity, further divide that site or portion into smaller portions based on their respective development intensities;

iii. For each forested site or portion identified at (a)1ii above, multiply the acreage of the net land area on the site or portion, as determined under N.J.A.C. 7:7-13.3(e), by the tree preservation and tree planting percentages in Table F below for the development intensity that applies to the site or portion, as determined under N.J.A.C. 7:7-13.12; and

iv. For each unforested site or portion identified at (a)1ii above, multiply the acreage of the net land area on the site or portion, as determined under N.J.A.C. 7:7-13.3(e), by the tree planting percentage in Table G below for the development intensity that applies to the site or portion, as determined under N.J.A.C. 7:7-13.12; and

2. To determine the area (in acres) of herb/shrub vegetation preservation and/or herb/shrub vegetation planting on the site:

i. For each portion of the site identified at (a)1ii above, subtract both the acreage of impervious cover allowed under N.J.A.C. 7:7-13.13 and the acreage of tree planting and/or preservation required under (a)1 above from the acreage of the net land area on the site or portion, as determined under N.J.A.C. 7:7-13.3(e).

(b) If the sum of the acreage of tree planting required under (a)1 above plus the acreage of either the existing impervious cover on the site as determined under N.J.A.C. 7:7-13.13(b)2 or the acreage covered by buildings and/or asphalt or concrete pavement as determined under N.J.A.C. 7:7-13.13(b)3 exceeds the net land area on the site, as determined under N.J.A.C. 7:7-13.3(e), then trees shall be planted in the area (in acres) remaining after the acreage of impervious cover or acreage covered by buildings and/or asphalt or concrete pavement is subtracted from the acreage of the net land area on the site.

(c) The preservation or planting of trees and/or herb/shrub vegetation areas shall comply with the vegetative cover requirements at N.J.A.C. 7:7-13.4.

1. The requirement for tree planting at (a)1 above can be satisfied by preserving equivalent forested areas in addition to that required under (a)1 above.

2. The requirement for planting of herb/shrub vegetation at (a)2 above can be satisfied by preserving equivalent wooded areas or planting an equivalent area of trees in addition to that required under (a)1 above.

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(d) Rationale: Vegetative cover percentages are based on whether the site or portion of the site is forested or unforested and on the development intensity of the site or site portion. There are two components to vegetative cover requirements; tree preservation and/or planting, and herb/shrub preservation and/or planting. The acreage of herb/shrub vegetation that must be planted is the remaining acreage of net land area after the amount of impervious cover and tree planting/preservation area is subtracted from the total net land area. If the acreage of required tree planting plus the acreage of existing legal impervious cover or the acreage covered by buildings and/or asphalt or concrete pavement exceeds the total acreage of the net land area, then trees must be planted in the area remaining after the acreage of existing impervious cover or acreage covered by buildings and/or pavement is subtracted from the acreage of the net land area. These vegetative cover requirements take into account the existing conditions on the site and on the surrounding patterns of development in order to promote the benefits of trees and other vegetation while recognizing development needs of the area.

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