[HISTORY: Adopted by the Town Council of the Town of Georgetown 11-13-2013 by Ord. No.
2013-18. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Trees, shrubs, bushes and all other woody vegetation in public
parks having individual names, and all areas owned by the Town, or
to which the public has free access as a park.
Trees, shrubs, bushes, and all other woody vegetation on
land lying between property lines on either side of all streets, avenues
or ways with the Town.
There is hereby created and established a Town Tree Board for
the Town of Georgetown, Delaware, which shall consist of the Town
Manager, Director of Public Works, and a Delaware State Forester.
It shall be the responsibility of the Board to study, investigate,
counsel and develop and/or update annually, and administer a written
plan for the care, preservation, pruning, planting, replanting, removal
or disposition of trees and shrubs in parks, along streets and in
other public areas. Such plan will be presented annually to the Town
Council and upon their acceptance and approval shall constitute the
official comprehensive Town Tree Plan for the Town of Georgetown,
Delaware. The Board, when requested by the Town Council, shall consider,
investigate, make findings, report and recommend upon any special
matter of question coming with the scope of its work.
[Amended 7-25-2022 by Ord. No. 2022-07]
The recommended street tree species for the Town of Georgetown,
Delaware, shall be the same as those recommended by the State of Delaware,
Department of Agriculture, Urban and Community Forestry Program. No
species other than those included in this list may be planted as street
trees without written permission of the Town Tree Board.
The spacing of street trees will be in accordance with the three species size classes listed in § 208-4 of this chapter, and no trees may be planted closer together than the following: small trees, 30 feet; medium trees, 40 feet; and large trees, 50 feet; except in special plantings designed or approved by a landscape architect.
The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the three species size classes listed in § 208-4 of this chapter, and no trees may be planted closer to any curb or sidewalk than the following: small trees, two feet; medium trees, three feet; and large trees, four feet.
No street tree shall be planted closer than 35 feet to any street
corner, measured from the point of nearest intersecting curbs or curblines.
No street tree shall be planted closer than 10 feet to any fireplug.
No street trees other than those species listed as small trees in § 208-4 of this chapter may be planted under or within 10 lateral feet of any overhead utility wire, or over or within five lateral feet of any underground waterline, sewer line, transmission line or other utility.
A.
The Town shall have the right to plant, prune, maintain and remove
trees, plants and shrubs within the lines of all streets, alleys,
avenues, lanes, squares and public grounds, as may be necessary to
insure public safety or preserve or enhance the symmetry and beauty
of such public grounds.
B.
The Town Tree Board may remove or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gaslines, waterlines, or other public improvements, or is affected with any injurious fungus, insect or other pest. This section does not prohibit the planting of street trees by adjacent property owners, providing that the selection of said trees is in accordance with §§ 208-4 through 208-8 of this chapter.
It shall be unlawful as a normal practice for any person, firm,
or Town department to top any street tree, park tree, or other tree
on public property. Topping is defined as the severe cutting back
of limbs to stubs larger than three inches in diameter within the
tree's crown to such a degree so as to remove the normal canopy and
disfigure the tree. Trees severely damaged by storms or other causes
or certain trees under utility wires or other obstructions where other
pruning practices are impractical may be exempted from this chapter
at the determination of the Town Tree Board.
Every owner of any tree overhanging any street or right-of-way within the Town shall prune the branches in accordance with Chapter 165, Article I, § 165-6.1. Said owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The Town shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a streetlight or interferes with visibility of any traffic control device or sign.
The Town shall have the right to cause the removal of any dead
or diseased trees on private property within the Town, when such trees
constitute a hazard to life and property, or harbor insects or disease
which constitutes a potential threat to other trees within the Town.
The Town Tree Board will notify in writing the owners of such trees.
Removal shall be done by said owners at their own expense within 60
days after the date of service of notice. In the event of failure
of the owners to comply with such provisions, the Town shall have
the authority to remove such trees and charge the cost of removal
on the owner's property tax notice.
All stumps of street and park trees shall be removed below the
surface of the ground so that the top of the stump shall not project
above the surface of the ground.
It shall be unlawful for any person to prevent, delay or interfere
with the Town Tree Board, or any of its agents, while engaging in
and about the planting, cultivating, mulching, pruning, spraying,
or removing of any street trees, park trees, or trees on private grounds,
as authorized in this chapter.
It shall be unlawful for any person or firm to engage in the
business or occupation of pruning, treating, or removing street or
park trees within the Town without first applying for and procuring
a Town of Georgetown business license. Before any license shall be
issued, each applicant shall be fully insured as specified and shall
be completely covered by State Workers' Compensation during the life
of this license. The applicant shall have liability insurance in the
amount of $1,000,000 for each occurrence and shall name the Town as
an additional insured on its policy for the work being performed in
the Town of Georgetown.
The Town Council shall have the right to review the conduct,
acts and decisions of the Town Tree Board. Any person may appeal from
any ruling or order of the Town Tree Board to the Town Council who
may hear the matter and make a final decision.
