CAPE MAY POINT — Commissioners are updating the code on what is allowed in the right of way along private properties.
The ordinance update includes provisions for what is allowed, not allowed and what requires approval in the strip of land parallel to streets in the borough. The categories include vegetation, ground surfaces, structures, irrigation, lighting/electrical, drainage, signs and other.
Cape May Point has a specific zoning regulation for driveways/curb cuts that cross the right of way. The goal is consistent with the Master Plan, which is to keep Cape May Point green.
The borough owns the right of way; it is not an easement but a fee simple ownership.
— For a property with less than 100 feet of frontage, there’s a 10-foot minimum and 12-foot maximum for a curb cut.
— Driveway size is regulated: 60 percent of the lot should be in its natural state or covered with vegetation.
“I did an extensive checklist of what is allowed and not allowed,” Deputy Mayor Elise Geiger said Sept. 8. “It’s an opportunity to discuss the items and decide to add to them or subtract.”
After the commissioners’ discussion July 28, Geiger said she created checklist categories for the proposed ordinance.
Solicitor John Amenhauser said the list did not have to be exhaustive.
“I think it gives people an understanding, at least at the outset, as to those items that you’re going to see most often,” he said. “The way we’ve written the ordinance, it’s going to require anyone that wants to do anything within this right of way that doesn’t match one of those specifically delineated items, is going to have to come in with an application.”
Approved under right of way vegetation includes grass/lawn, vegetative ground cover and shrubs less than 3 feet high. Approval is required for mulch, shrubs greater than 3 feet high, tree planting, tree removal/pruning and landscape fabric.
“If we take vegetation, obviously there is much more [approved] that’s there,” Geiger said, adding that tree planting requiring approval is covered in the existing tree ordinance.
Commissioner Suzanne Yunghans’ only comment was that mulch right at the edge of properties can wash into storm drains.
“I agree with that because mulch floats and if it’s a huge rain, it’s going to wash out and I think you’re right in not having a lot of it,” Mayor Anita Van Heeswyk said.
Yunghans suggested edging to contain the mulch as best as possible. Amenhauser said it could be listed in the “requires approval category.”
For the ground surface right of way category, pavers, concrete, asphalt, brick, parking areas, artificial turf, curbing, Belgian block, decorative borders and sidewalks are prohibited.
Driveway size is regulated, as is landscape edging (no higher than 2 feet) and stone/gravel/shells require approval (no more than 40 percent of area).
Geiger said the zoning regulation requires that 60 percent of the lot be in a natural state or covered with vegetation.
“No more than 40 percent of the total area can be stone, gravel and shells,” she said.
The commissioners added driveway expansion to the prohibited category.
Under the structures right of way category, nothing is allowed. Geiger noted that the flood regulations prohibit fences and retaining walls.
“Since this is the right of way, it’s pretty clear there are no fences, gates, retaining walls, decks or platforms, arbors, pergolas, trash enclosures and no benches,” Geiger said. “This might bother some people, but they can have it on their property, not ours.”
In the irrigation category, nothing is allowed, including sprinkler heads, irrigation piping and valve boxes.
“I talked to Billy about this today and his feeling was that the only thing in the right of way is the utilities that are needed to get and piping that needs to get the utilities to the houses,” Geiger said.
For the lighting and electrical right of way category, an electric conduit requires approval. Landscape lighting, low-voltage lighting, electric outlets and private lighting poles are not allowed.
Van Heeswyk asked if they were grandfathering in things that are already there.
“Basically yeah, I think otherwise they would be coming after us with pickaxes,” Geiger said. “Unless it gets in the way, but I think John is going to say we always have the right to tell people we want it taken out.”
Amenhauser said if a situation ever arose within a particular area in the right of way, the borough could remove any improvements put in place.
Under the drainage right of way category, changing grade/fill and redirecting stormwater are not allowed. Discharge pipes and drainage pipes require approval.
“Redirecting stormwater, we have an approval for discharge and drainage pipes because people do have sump pumps; they should be allowed to bring it through,” Geiger said.
Under the sign category, address signs are allowed but parking/reserved parking and advertising/political signs are not allowed.
Yunghans asked about cones for blocking parking.
“It’s tough for people, particularly Stites and Brainard [avenues] where they have such limited parking already,” Yunghans said.
Geiger said that’s why she put reserved parking as no.
“I mean, maybe we wouldn’t get crazy over cones,” Geiger said.
For the other right of way category, removable planters/flowerpots are allowed. The little free libraries require approval; removable bike racks and bollards/posts are prohibited.
“A lot of little libraries are popping up and I think people can put them on their property,” Geiger said. “The question is: are we OK with them on the right of way?”
Yunghans asked if the little libraries are cemented in or could be removed. Geiger said they are put in with posts, but she wasn’t sure if they were cemented in or dug in deep.
Van Heeswyk said the little libraries are adorable and useful in the summer.
“I think it’s probably in the right place that they have to ask permission,” Van Heeswyk said.
A second reading and public hearing of the ordinance are scheduled for noon Sept. 22.
By RACHEL SHUBIN/Special to the Star and Wave
