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 7:7-13.4 - Vegetative cover requirements that apply to sites in the upland waterfront development and CAFRA areas
Current through Register Vol. 56, No. 6, March 18, 2024
(a) This section sets forth vegetative cover requirements that apply to sites in the upland waterfront development and CAFRA areas. Vegetative cover percentages, specific to each of these areas, are found at 7:7-13.14 and 13.18. More trees may be planted or preserved than required, and if so, the herb/shrub area shall be reduced proportionately.
(b) If a site is located in the urban area region or northern waterfront region as defined at 7:7-13.6(d)1 and 2, respectively, in the upland waterfront development area; or if a site is located in a CAFRA center, CAFRA core, or CAFRA node; or if the area of trees on a site required to be planted and/or preserved as calculated under (b)1 below is smaller than one acre, the vegetative requirements with respect to trees are as follows:
(c) If a residential development of 24 units or fewer that is not part of a larger development is proposed on a site in the upland waterfront development area or in the CAFRA area and does not meet the criteria at (b) above, the vegetative requirements with respect to trees are as follows:
(d) For sites other than those that meet (b) or (c) above, when trees are required to be planted or preserved under N.J.A.C. 7:7-13.14 or 13.18, the trees shall be planted and/or preserved in a tree cluster as follows:
(e) Trees planted to meet the tree cluster requirement of (d) above shall be planted in accordance with the following:
(f) Herb/shrub vegetation required under 7:7-13.14 or 13.18 shall be adapted to the substrate and other environmental conditions of the site. For example, many species common in inland areas are not well adapted to the acid sandy soils common along the coast.
(g) The vegetative cover required on a site shall be planted or preserved only on the net land area determined under 7:7-13.3(e).
(h) Rationale: Vegetation stabilizes soil, slows erosion and runoff, promotes infiltration of surface water, reduces the force of wind, provides food, shelter, and breeding sites for wildlife, and adds to aesthetic values for recreation and domestic life. Trees release oxygen, sequester carbon dioxide, filter particulate pollutants, and provide habitat and food for a variety of wildlife, among other benefits. The rules provide for the planting and/or preservation of trees depending upon the location and type of development in order to recognize existing patterns of development and maximize the benefits of tree planting. Sites located in the urban area region or northern waterfront region of the upland waterfront development area, or located in a CAFRA center, CAFRA core, or CAFRA node, or sites on which the area of trees required to be planted or preserved is less than one acre, have flexibility which allows a mix of tress and herb/shrub vegetation to be planted and/or preserved that is adapted to the substrate and other conditions of the site. It is appropriate to modify the tree planting requirements for these sites because they are located in densely developed areas. The flexible requirements allow for landscaping that is appropriate to an urban setting.
Planting trees in clusters provides a greater environmental benefit than spreading trees throughout an area by creating quality habitat for forest species. For residential developments of 24 units or fewer, however, protecting a forest-like cluster of trees may not be feasible. In such cases, trees need not be clustered, as long as the total acreage of trees required is provided. On an unforested small residential development site, a mix of trees and/or herb/shrub vegetation may be planted and/or preserved that is adapted to the substrate and other environmental conditions of the site to allow for landscaping that is appropriate for the size of the site and existing development pattern of the area.
All other developments require trees to be planted in a cluster that, where possible, is adjacent to existing on- or off-site forests or other resources and clearly marked. Tree planting requirements preserve or create a block of forest that will provide better and more varied wildlife habitat than the same number of trees in a long, narrow band or spaced far apart. Conservation restrictions required for the areas on which trees are planted or preserved ensure the trees planted or preserved are not destroyed by future development.
Care must be taken in choosing what herb/shrub vegetation should be planted, as many common inland plants are not suited to coastal soils.