CAPE MAY POINT — Commissioners are considering changes to rules governing tree removal and replacement to boost the borough’s beauty and benefit wildlife.
During a meeting Dec. 23, Commissioner Suzanne Yunghans said she was open to feedback from her fellow commissioners and the public.
Proposed revisions include a flat $75 application fee and managing the approved tree list by resolution. The ordinance currently requires two trees for each removed tree with a diameter at breast height (DBH) of 6 to 13 inches, increasing to three trees with a DBH of 13 to 23 inches.
“Cape May Point values trees as an important part of the aesthetic look and as a vital support to wildlife, including our pivotal role in the bird and butterfly migration pathway,” Yunghans said. “It’s reflected in our master plan and our master plan re-exam to preserve and conserve natural resources.”
Yunghans added that verbiage noting the importance of trees also is included in the zoning, lot landscape and vegetation plans, because each lot in the borough is required to contain a minimum number of native trees. A typical lot of 5,000 square feet must have three trees, two of which must be a medium or large species.
Current rules
Yunghans said the state in 2024 required every municipality to enact a tree removal and replacement ordinance to reduce soil erosion and pollutant runoff, promote infiltration of rain to the soil, protect the environment and comply with state stormwater permit requirements.
The borough enacted its rules that September, following the state’s model with three exceptions.
The first exception required the replacement of hazard trees on private property. Yunghans said hazard trees are defined as having an infectious disease or insect infestation, being dead or dying, or obstructing the view of traffic signs or the passage of pedestrians or vehicles, and for which pruning attempts have not been effective.
The second exception allows an exemption from replacement if the property has the requisite number of native trees per lot. The third involves replacing trees, requiring two trees to be planted for each tree removed, with the number increasing as the trees’ DBH increased.
Tree removals
Over the past 15 months, Yunghans said the data shows that 42 total applications were submitted for the removal of 56 hazard trees and five non-hazard trees on private properties. Of those, 37 exemptions were granted, based on the number of native trees already on the property.
On public property or the borough right of way, there were nine total applications submitted for 13 hazard trees.
“Construction-related applications were also submitted for non-hazard trees with no exemptions requested,” Yunghans said, adding that this past September, Borough Commission brought the zoning landscape and vegetation plan into harmony.
Yunghans noted that there have been requests to expand the approved tree list used for exemptions and replanting criteria.
“The current ordinance is confusing and has resulted in frustrated and sometimes angry homeowners,” she said. “With all due respect for those folks who put the first ordinance in place, there are some areas for consideration to possibly amend our current tree ordinances.”
Deputy Mayor Elise Geiger thanked Yunghans for taking point on a difficult task, noting the borough had a net tree loss of 63.
“It’s really great we have that data now,” she said.
Most trees lost were Japanese black pine, which Geiger said are not being replaced, partially due to exemptions and the right of way location.
“I don’t think this is going to be a one-time problem,” Geiger said. “The bigger issue is we have no plan or option what we are going to do about it if it continues, so to me, that’s the overarching problem to deal with.”
Mayor Anita VanHeeswyk said Japanese black pines are not native but were previously recommended by the state Department of Environmental Protection for dune protection.
“The DEP came to realize they aren’t very good, they’re not long-lived,” she said. “I love the list of trees that we can plant are native. They’re going to live longer.”
VanHeeswyk added that when the ordinance was adopted, the commission faced a hard deadline.
“If we didn’t adopt it, we could have incurred penalties from the DEP because this has more implications than just trees for us,” she said. “I think this new proposal is very logical and practical in this approach.”
Department of Public Works Supervisor Bill Gibson said the commissioners needed to be careful with trees in the right of way because of utility placement and water infrastructure.
Native trees
Another revision Yunghans brought up for consideration is that the current ordinance does not recognize healthy, thriving non-native trees for the replanting exemption.
“For example, a 5,000- square-foot lot may have three healthy trees, but one tree which is not on our approved list [would cause] the property to not quality for the exemption,” Yunghans said. “The proposed revision would recognize all healthy trees on a property, not just native trees on our approved tree list.”
She added they could consider eliminating the exemption altogether, keeping in mind that the borough’s landscaping and vegetative plan, coupled with a zoning permit, would still require a minimum number of trees based on lot size.
“I appreciate the feedback today, and I’ll go back to the drawing board,” Yunghans said. “And if the public has any comments or thoughts on this, I’d welcome it. I’ll probably come back to you all next month with a revision.
By RACHEL SHUBIN/Special to the Star and Wave
