CAPE MAY POINT — Deputy Mayor Elise Geiger discussed potential options for the borough to coordinate the tree removal code with the landscape code during the June 10 meeting.
The borough currently has two codes that deal with trees, which are mostly non-conforming, Geiger said. Chapter 138 covers tree removal and replacement and was added in August 2024 to comply with state stormwater requirements.
“The underlying principle of the tree removal replacement rules is to assure that there is no net canopy loss,” Geiger said. “The reason for this is if you’ve got a big canopy, you’ve got a lot of roots, [which suck up water].”
The landscaping code, under chapter 150, has a section dedicated to trees, with details on removal and replacement.
“The landscaping code is a longstanding one, and the goal is maintaining and replacement of an excellent variety of trees to retain what is effectively an arboretum and a premier nature sanctuary,” Geiger said.
She noted that trees are the best way to manage stormwater runoff in terms of both quantity and quality.
“The tree ordinance applies to anybody that’s cutting down a tree,” Geiger said. “The landscape ordinance is more focused on people clearing the lot or new construction that triggers a need for landscaping.”
Enforcing the landscape ordinance has been challenging, Geiger added, saying it was not a criticism, as code enforcement looks at construction, and this element focuses on lot vegetation.
Geiger delineated the landscape vegetation and replacement requirements, adding that she recommended looking at the tree code, which might provide insight into how and when trees can be removed.
“The important difference between chapter 138 and chapter 150 is that if somebody doesn’t want to replace a tree on their property, they have the ability to put money into a tree fund,” she said, adding that there is no net loss of canopy because a tree can be planted elsewhere.
While Cape May Point does not have a state tree program, Geiger said they could envision someday for certain streets to have trees planted, and having a nest egg in a tree fund is another way to accomplish those goals.
Mayor Anita VanHeeswyk said Geiger did a great job with her research, and she was curious about the process of what comes first with applications to build and if they need approvals under Chapter 138 to continue.
“My only concern is in chapter 150, the enforcement is up to the zoning officer, and in chapter 138 there’s other mechanisms that are not the zoning officer,” VanHeeswyk said. “Is somebody going to need their landscape plan first and be approved under 138, take that to our zoning officer as completed, as we do with our flood plans?”
Geiger said more work needs to be done to eliminate out loopholes.
Substitute solicitor Scott DeWeese said the ordinances cover two different situations, and his opinion was the commission could take as much of the language regarding requirements of tree replacement in chapter 138 and mirror that language into the tree section of chapter 150.
“Any zoning plans submitted as part of an overall property improvement project needs to have a landscaping plan,” he said. “And any trees that are proposed to be removed from the property have to comply with the tree replacement provisions contained in 138 now.”
Geiger said it is a tree-counting game involving the number of trees being replaced and the deficit that needs to be made up. DeWeese said those details should be spelled out in a landscaping plan.
Commissioner Suzanne Yunghans said some properties have hazard or nuisance trees, which are on a separate list, and she was not sure how that would play out.
“Even in the tree ordinance, there’s some confusion about that and trees in the right of way versus what’s on private property,” Yunghans said, adding that another concern was protecting tree roots.
VanHeeswyk mentioned that there are elements the commission could require, such as protecting trees during construction.
“As we’re thinking big picture for landscaping, one of the things we have been thinking about is stormwater management as well,” Yunghans said. “If a property is near a storm drain, can we talk about requiring a lot that’s being developed to have some type of bed at the end of the lot to filter runoff. We don’t have that right now but would be great if we could move in that direction.”
Geiger said solicitor John Amenhauser will work on the conformance work and get that moving with other options, including permit fees for tree removal.
“My goal in the end is that we get the trees we need and there’s no net coverage loss,” Geiger said.
By RACHEL SHUBIN/Special to the Star and Wave
