CAPE MAY POINT — Borough Commission is moving forward with updates to the tree ordinance to balance state requirements and avoid a net loss of trees.
Commissioner Suzanne Yunghans said that the latest iteration is long overdue and has not been without much thought and consternation.
“The changes in this amendment are based on the experience of the past couple of years as well as research on what seems fair to the homeowner, meets the state’s requirements and fits with our community need,” she said Sept. 22.
The proposed ordinance includes three changes:
— The application cost for tree removal is $75 per application (versus the previous $75 per tree), resulting in considerable savings for homeowners with multiple trees to be removed.
— All applications will be determined by a borough official, which streamlines the approval process for the homeowner.
— The proposed amendments eliminate the exemption and streamline the process. With 82 percent of applications qualifying for the exemption, it is contributing to a net tree loss.
It also modifies and splits the definition of a hazard tree, now differentiating between a dead/dying tree and a nuisance.
Yunghans said that a dead or dying tree is in a state of irreversible decline due to disease, structural failure, environmental stress, infestation or storm damage as determined by the borough.
A nuisance tree obstructs the view of traffic; is causing obvious damage to structures; is determined to be a threat to public health, safety or welfare; or is an invasive or prohibited species included on Cape May Point’s list of prohibited non-native trees and woody plants.
“Removal of a dead tree requires a permit but does not require a replacement,” Yunghans said. “This is a change. We hope homeowners will replace it, but it is not required.”
The proposal to update the ordinance started in January, when Yunghans said it is required by the state and is intended to preserve trees to absorb stormwater.
“Municipalities can enact a more stringent requirement than what New Jersey recommends in their model ordinance,” Yunghans said. “The good news is we value our trees and vegetation in Cape May Point and we want a green environment; and we understand the importance of trees in absorbing stormwater and protecting our town from flooding.”
In 2024, the state required every municipality to enact a tree removal and replacement ordinance, and the borough complied to meet the state stormwater permit requirements.
The borough enacted its rules that September, following the state’s model with three exceptions.
What has not changed with the proposed amendment is that trees less than 6 inches in diameter at breast height on private property can be removed without a permit application; trees in the right of way always require a permit application; and a permit application is still required for right of way land.
The current tree canopy in Cape May Point is 42.1 percent, which Yunghans said was measured by geospatial mapping software supported by the United States Department of Agriculture, the Arbor Day Foundation and Plant ITGO. She noted that the Forest Service benchmarks tree canopy for city neighborhoods at 30 percent.
“That being said, we will always have tree loss from age, disease and storm damage like we experienced in February and then again with the tornado in July,” she said. “And our pervasive drought, of course.”
Deputy Clerk Kelly Redington presented several statistics of the borough’s experience in the last several years.
Under current rules, the borough has received 82 tree-removal applications: 75 for hazard trees and seven for healthy trees.
“Those applications could have more than one tree on them, though the vast majority have just been for hazard trees,” Redington said, adding that the ordinance currently includes an exemption allowing people to apply not to replace trees.
The exemption includes those with at least three native trees on their 5,000-square-foot property, and as the property size increases, they must have additional native trees.
Redington said of the 82 applications, 82 percent qualified by having at least three native trees. Fifteen applications did not qualify; even if they had viable trees on their property, they may not have been from the approved list of native trees.
Of the 82 applications, 56 were hazard trees and there were 37 healthy trees. There were seven applications for the healthy trees and Redington said four applications applied for the exemption and were granted approval.
With the proposed changes, there would be 82 applications, 102 dead trees with no replacement, nine nuisance trees replaced 1:1, and 83 trees replaced. There were 37 healthy trees replaced 2:1 and the total number of trees replaced is 83.
Redington noted that adding the 11 trees from the tree trust would total 94 trees, with 67 trees replaced under the current ordinance, and that it could be 94 trees if the changes are accepted.
“They were allowed to cut down healthy trees and, in some cases, native healthy trees, just because they had enough natives on their property already,” she said. “Of all these trees, based on the current process, 56 would be replaced out of 148.”
Redington said that did not include the $2,750 the borough has collected in the community tree fund.
“Homeowners can pay into the borough community tree trust fund if the property has a minimum of three healthy trees remaining on the lot,” Yunghans said. “The homeowner can now split the difference. This was not something you had to do before; you had to plant this or pay into the fund.”
Yunghans added that the change gives homeowners more options.
Replacement trees must be chosen from the tree list, and the tree committee is constantly reviewing which approved trees can be added. The eastern redbud and the southern magnolia were two recent additions.
“Lastly, remember that our zoning ordinance still requires a minimum of 60 percent vegetation with three native trees on a typical 50 by 100 lot, two of which must be a medium or large species,” she said.
Yunghans said the bottom line is that trees take a long time to grow, so keeping Cape May Point green for generations to come is a collective responsibility.
“The overall message to Cape May Point homeowners is to protect the trees you have on your property and look for ways to enhance our community tree canopy with more native trees,” she said. “This effort rewards all of us with the beauty of nature and helps protect us from stormwater damage.”
Mayor Anita Van Heeswyk said she thought the sweet spot had been hit and thanked Yunghans, Redington and everybody who put work into the update.
Deputy Mayor Elise Geiger suggested linking removals to zoning requirements so that properties falling below a minimum tree threshold must replace trees even if they are dead.
“I think we should be making it very, very onerous for people to take down any kind of healthy trees,” Geiger said. “Every lot has to contribute to the canopy.”
By RACHEL SHUBIN/Special to the Star and Wave
