[HISTORY: Adopted by the Commissioners of the Town of Dewey
Beach 1-9-2010 by Ord. No. 672. Amendments noted where applicable.]
[Amended 2-17-2023 by Ord. No. 803]
A.
Trees with a circumference of less than 20 inches measured one foot
above ground level may be removed without a permit.
B.
No tree 20 inches or greater in circumference measured one foot above
ground level shall be removed or destroyed without written approval
in the form of a permit from the Town Building Official, based upon
the criteria set forth below.
C.
The Town Building Official shall issue a permit for the removal or
destruction of a tree only if:
(1)
The tree is less than 40 inches in circumference, as measured one
foot above ground level, and is shorter than 25 feet measured from
ground level; or
(2)
The removal or destruction of the tree is required to protect persons
or property from harm; or
(3)
The tree is unlikely to survive due to age, disease, or other cause;
or
(4)
The tree is located within the footprint of any new construction,
including the area necessary to facilitate such construction. All
reasonable efforts shall be made during construction or renovation
to protect from harm any and all trees otherwise protected under this
chapter. To this end, the Town may identify and enforce protected
areas for the protection of trees and roots during construction.
D.
A signed statement from a licensed arborist is required to support removal of a tree under the criteria in Subsection C(2) or (3). The Town reserves the right to consult an independent licensed arborist before issuing a permit to remove the tree. If a tree poses imminent harm to persons or property because of a storm or other emergency, the Town Building Official should be notified, and the tree or portions of the tree posing imminent harm may be removed.
[Amended 2-17-2023 by Ord. No. 803]
A.
Each tree removed or destroyed under a permit approved according to the criteria in § 173-2C(1) or (4) must be replaced with a new tree satisfying the following minimum requirements:
(1)
Native
species included on the Delaware Department of Agriculture list of
recommended trees, or other similar authoritative list; the Town Building
Official shall maintain and provide a copy of the current list;
(2)
Minimum
circumference measured one foot above ground of 15 inches; and
(3)
Minimum
height of 12 feet when planted.
B.
Replacement
shall be completed within 90 days after removal. The Town Building
Official may extend this period if weather or other conditions warrant.
C.
If the
cost of replacing the tree would exceed $5,000, with prior documentation
to and approval from the Building Official, the replacement tree may
be of smaller circumference than specified above, provided the tree
was removed under a permit. The replacement tree must be the largest
size commercially available under $5,000.
D.
Replacement
trees must be properly maintained and may be inspected by the Town
one year after replacement. The Town Building Official may consult
with a licensed arborist and may require replacement of any tree for
which, in the arborist's judgement, survival of the tree is threatened
because of improper maintenance.
[Amended 2-17-2023 by Ord. No. 803]
Topping of trees shall be prohibited. Pruning for aesthetics
or the health of the tree is permitted, as is reduction when required
directly under utility lines for safety. A no-cost permit issued by
the Town Building Official is required before beginning any pruning
or reduction.
[Amended 2-17-2023 by Ord. No. 803]
Any person seeking permission from the Town to remove or destroy
a tree must provide the Town Building Official with a reasonable sketch
of the property showing the location of all trees and structures on
the property, including any proposed new construction or additions,
and listing the size and species of each tree sought to be removed
or destroyed. Any required signed statement from a licensed arborist
stating the reason(s) for removal or destruction of each tree must
also be provided.
[Amended 2-17-2023 by Ord. No. 803]
A.
A violation of any provision of this chapter is declared to be a civil offense pursuant to Chapter 80 of the Municipal Code of the Town of Dewey Beach, and shall be subject to a minimum assessment of $500 for each offense.
B.
Failure to replace a tree as required in § 173-3 is subject to a fine of $1,000, increasing to $3,000 if not paid within 60 days of the notice of violation. Failure to replace a tree as required within one year of the notice of violation will incur an additional fine of $3,000, increasing by $3,000 for each additional year that the tree is not replaced.
C.
Any person
who violates this chapter by improperly removing or destroying a tree
shall be subject to a fine of $3,000 and shall be required to replace
such tree with a tree of comparable size and a comparable species
selected from the Delaware Department of Agriculture list of recommended
trees. Fines for improper removal or destruction that remain unpaid
after 60 days shall incur an additional $3,000 penalty. Failure to
replace the tree as required within a one-year period, as determined
by the Town Building Official, shall incur an additional $3,000 penalty,
increasing by $3,000 for each additional year that the tree is not
replaced.
D.
Any unpaid
fines for violations of this chapter shall be satisfied before any
future licenses or permits may be issued to the property owner of
the subject property.
[Amended 2-17-2023 by Ord. No. 803]
Any person aggrieved by a decision of the Town Building Official
involving the denial of a request for tree-removal permit may appeal
to the Board of Adjustment. A written notice of appeal must be filed
with the Town Manager within 30 days of the date of the decision which
is the subject of the appeal.
A.
Notice of appeal. A notice of appeal must be in writing and shall
include the applicant's grounds for appeal. The notice of appeal must
identify the error upon which the appeal is based and the grounds
for reversal of the Town Building Official's decision. Any additional
exhibits or evidence which the applicant would like the Board to consider
on appeal may be filed with the notice of appeal.
B.
Town response; hearing. Within 15 days of the filing of a notice
of appeal, the Town Building Official may file a written response
to the notice of appeal with the Town Manager. A copy of any written
response shall be mailed to the applicant by the Town. The Board of
Adjustment shall then set a reasonable time for a hearing of the appeal
and give public notice, notify the parties in interest, and decide
the appeal within a reasonable time. Any party to the appeal or any
interested citizens may appear at the hearing in person, by agent,
or by attorney.
