The City Commissioners find that:
A.
The City of Rehoboth Beach adopted the 2020 Comprehensive Development
Plan in 2022, which calls for the preservation, protection and conservation
of trees within the City;
B.
The City of Rehoboth Beach contains a diversity and abundance of
trees that are of economic, recreational, and environmental value
to the City and makes it a desirable place for residents and visitors;
C.
The abundance of trees contributes to the City's unique wooded
seaside character and distinguishes the City from many other coastal
communities;
D.
The appearance of Rehoboth Beach contributes to the economic prosperity
and general welfare of the City;
E.
Growth and development in the City of Rehoboth Beach often results
in the removal of trees, thereby contributing to their depletion;
F.
Trees are a vital component of the City's green infrastructure
that shape a healthy, resilient and sustainable community by supporting
vital ecosystem services such as air purification, temperature mitigation,
and stormwater interception; and
G.
It is necessary to protect and manage trees as valuable assets in
order to protect and enhance the health, safety, and welfare of the
citizens of Rehoboth Beach.
The City Commissioners declare the intent of this chapter is
to:
A.
Regulate the protection, planting, removal, and long-term management
of trees within the City that, in the case of private property, takes
into account the natural area plan for that property;
B.
Require a survey of existing trees and a plan for tree preservation
and protection prior to development, redevelopment or subdivision
of a lot;
C.
Establish a system of permits to assure density, correct maintenance,
protection and removal of trees on public and private property;
D.
Establish remedies and penalties for violations of its provisions;
and
E.
Promote the education of the citizens of the City of Rehoboth Beach
on proper tree-care practices and the importance of increasing our
urban forest.
Tree standards set by the American National Standards Institute.
The diameter measurement of the trunk of nursery stock trees,
measured at six inches from the soil for trees four inches or less
and at 12 inches from the soil for trees over four inches.
An employee of the City or an individual retained by the
City on a contractual basis to perform the duties identified in this
chapter. Such person shall be trained in arboriculture, forestry,
horticulture, landscape architecture, or another related field and
have at least two years of working experience in the area of training.
He/she shall also be a certified arborist or capable of becoming certified
within one year.
Any tree not on private property.
Commercially zoned property.
Severe decline, disfigurement, discoloration, de-foliation,
removal or death of any tree, which is intentionally caused or is
the result of recklessness or negligence.
Diameter at breast height (DBH) is a standard method of measuring
the diameter of the trunk of a mature tree. DBH is measured at four
feet, six inches above the ground, in accordance with International
Society of Arboriculture (ISA) standards.
Includes the destruction of all or part of a structure.
The act, process or state of the erection or demolition of
structures, or adding to existing structures, or subdivision of a
lot.
To flat cut the top of a tree, severing the leader or leaders;
or to trim a tree by stubbing off mature wood larger than three inches
in diameter; or to reduce the total circumference of crown spread
not in conformance with the current ANSI Standards.
An existing tree of 20 inches DBH or more.
An alien species whose introduction does or is likely to
cause economic or environmental harm or harm to human health, as included
on the Delaware Department of Natural Resources and Environmental
Control list.
Any activity that results in movement of earth, or a change
in the existing soil cover and/or the existing soil topography. Land
disturbing activities include, but are not limited to, clearing, grading,
filling, and excavation.
A tree with any part of its trunk below DBH sitting across
a property line.
A uniquely identifiable parcel, tract or area of contiguous
land that is held in common ownership, fronts on one or more streets
unless specifically exempted from such requirement in this chapter,
is not divided by a street, shall not include any land within the
plotted limits of a public or private street, alley, avenue, lane,
or other way and is any of the following:
A parcel, tract or area of contiguous land whose boundaries
have been established by and are shown on a legally created subdivision
plat recorded in the Sussex County office of the Recorder of Deeds
and which plat has been recognized by the City. Such lots will usually
be identified by a block number or street and a lot number.
A parcel, tract or area of land which was originally a lot or lots and/or parts of lots as delineated in Subsection A above and resulted from making boundary line adjustments through the recording, in the Sussex County office of the Recorder of Deeds, of a valid deed or other instrument prior to the City's adoption of a Subdivision Ordinance on November 18, 1974.[1] The parcel, tract or area of land shall have been conveyed
as a single parcel.
A parcel, tract or area of land which does not constitute a
part of a legally created subdivision and which has been defined in
a deed by metes and bounds and which has been transferred as a single
unit prior to the City's adoption of a Subdivision Ordinance
on November 18, 1974.
A tree species that is known to grow naturally in the mid-Atlantic
coastal region.
That portion of the gross lot area that is dedicated to either
trees, grass, flowers, bushes, other plantings and/or mulched areas.
For the purpose of calculating natural area, mulched areas shall be
limited to the use of vegetative ground covers and shall not include
the use of clam shells, decorative stone, or other similar hard materials.
A tree located in a park as defined in § 195-1.
Any tree meeting one or more of the following descriptions:
Residentially zoned property or property otherwise used exclusively
for a residential purpose.
A tree on land lying between property lines on either side
of any street, avenue, boulevard, road, land, parkway, viaduct, alley
or other way which is an existing state, county or City roadway, or
a street or way shown upon a plat.
A subdivision of a lot as defined in § 236-3.
To trim a tree to prevent the natural upwardly growth of
a tree, significantly altering its natural shape.
A living, woody plant having a well-defined stem, a more
or less well-defined canopy and which is capable of attaining a height
of at least 15 feet.
That area of a lot or parcel of land within which all protected
trees shall be protected as designated on a tree preservation plan.
Barriers, fences, other devices and techniques reasonably
required to protect the tree preservation area from intrusion by construction
vehicles and equipment, materials and spoils.
A written plan having text and/or graphic illustrations indicating
the methods which are to be used to preserve existing protected trees
during construction.
To reduce, shorten, diminish or prune a tree or parts of
a tree, without substantially altering the existing shape or damaging
the health of the tree or shortening its life span.
An action plan to provide effective long-term management
of the City of Rehoboth Beach's urban forest and designed to
increase public involvement, promote best management practices, and
minimize risk to the public.
