N.J. Admin. Code § 7:7-13.4

Current through Register Vol. 56, No. 19, October 7, 2024

Section 7:7-13.4 - Vegetative cover requirements that apply to sites in the upland waterfront development and CAFRA areas

(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:

1. The area (in acres) of the site that shall be planted in trees and/or preserved in trees is calculated under 7:7-13.14 or 13.18; and

2. The area (in acres) of the site that would have been required under 7:7-13.14 or 13.18 to be planted and/or preserved in trees is not subject to (d) or (e) below but shall instead be planted and/or preserved in a mix of trees and herb/shrub vegetation adapted to the substrate and other environmental conditions of the site.

(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:

1. The area (in acres) of the site that shall be planted in trees and/or preserved in trees is calculated under 7:7-13.14 or 13.18.

2. The area (in acres) of a forested site or portion to be preserved in trees is not subject to (d) below. However, the trees preserved shall be protected from any future development by a conservation restriction that complies with N.J.A.C. 7:7-18, which restriction:

i. Requires that the area of trees be preserved in its natural state;

ii. Prohibits removal or clearing of dead trees greater than five inches in diameter at four and one-half feet above ground except to prevent a safety hazard; and

iii. Prohibits removal, clearing or mowing of live vegetation, including trees, unless it is demonstrated to the Department that such removal will result in habitat enhancement; and

3. The area of an unforested site or portion to be planted in trees is not subject to (d) or (e) below but shall instead be planted and/or preserved in a mix of trees and/or herb/shrub vegetation adapted to the substrate and other environmental conditions of the site.

(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:

1. Trees preserved and/or planted shall be located in a cluster within the boundaries of one lot that shall not be further subdivided. However, on a site with existing non-contiguous forested areas larger than five acres each, the Department may require that a tree cluster be preserved on a lot located in each of the forested areas. The tree cluster should, to the maximum extent practicable, be adjacent to existing on-site or off-site forests or other natural resources, such as critical wildlife habitat areas as defined at 7:7-9.37, or water bodies;

2. The boundaries of the tree cluster shall be clearly marked with permanent, visible markers such as concrete blocks or posts, metal stakes, or other easily seen, permanent, immovable markers;

3. The tree cluster shall be protected from any future development by a conservation restriction that complies with N.J.A.C. 7:7-18. In addition, the conservation restriction shall require that the tree cluster be preserved in its natural state, and prohibits removal or clearing of dead trees greater than five inches in diameter at four and one-half feet above ground except to prevent a safety hazard; and which prohibits removal, clearing, or mowing of live vegetation, including trees, unless it is demonstrated to the Department that such removal will result in habitat enhancement;

4. For a residential development of 25 units or more, the recorded conservation restriction required under (d)3 above shall be enforceable by the Department and:

i. A local public entity;

ii. A private nonprofit organization whose trustees have no other interest in the land; or

iii. A homeowner's association; and

5. For a non-residential development, the recorded conservation restriction required under (d)3 above shall be enforceable by the Department and a local public entity or a private nonprofit organization whose trustees have no other interest in the land, unless no such entity or organization will agree to enforce the conservation restriction.

(e) Trees planted to meet the tree cluster requirement of (d) above shall be planted in accordance with the following:

1. The trees shall be spaced approximately 10 feet apart and shall be planted in a staggered, non-linear pattern;

2. If a tree has lost more than 50 percent of its canopy within a full growing season after it is planted, it shall be immediately replaced with another tree as large as the first tree was when planted;

3. All trees shall be native or 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;

4. The entire area of tree plantings shall be covered with a mulch of hardwood chips at least three inches deep;

5. Two-thirds of the trees planted shall be:

i. Canopy or dominant tree species which typically grow taller than 50 feet at maturity;

ii. A minimum of one and one half inches in diameter at the base; and

iii. Balled, burlapped and supported by staking with guy wires, which shall be removed after one year; and

6. The remaining one-third of the trees planted shall be:

i. Understory or subcanopy tree species which typically grow to a height of less than 50 feet at maturity;

ii. A minimum of four to five feet in height; and

iii. Balled and burlapped, or container-grown.

(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.

N.J. Admin. Code § 7:7-13.4

Renumbered from 7:7E-5.4 by 47 N.J.R. 1392(a), effective 7/6/2015

Amended by 50 N.J.R. 361(a), effective 1/16/2018