The City Parks and Shade Tree Commission for the City of Rehoboth Beach shall consist of five members who are residents or property owners of this City, and who shall be appointed by the Mayor with the approval of the City Commissioners.
The term of the five persons appointed by the Mayor with the approval of the City Commissioners shall be three years. In the event that a vacancy shall occur during the term of any members, their successor shall be appointed by the Mayor with the approval of the City Commissioners for the unexpired portion of the term.
Members of the City Parks and Shade Tree Commission shall serve without compensation.
A. 
Subject to the provisions of § 253-30, the Commission shall hear and decide appeals for affected parties where it is alleged that there is an error in any order, requirement, decision or determination made by the City Arborist or other City official in the application of this chapter. The Commission may authorize a variance from this chapter where owing to special conditions or exceptional situations, an interpretation of the Chapter will result in unnecessary hardship or exceptional practical difficulties to the property owner so long as the variance does not substantially impair the intent and purpose of this Chapter.
B. 
The Commission shall review a status report in October annually of the Urban Forest Plan prepared by the City Arborist and data to include the total number of permits issued and denied, and the total number of trees removed and replanted.
C. 
The Commission, when requested by the City Commissioners, shall consider, investigate, make findings, report and recommend upon any special matter or question coming within the scope of its work.
Trees planted as park trees and as street trees shall be species native to the mid-Atlantic as classified by the Delaware Forest Service or another species approved by the City Arborist. No tree species classified as an invasive tree species by the Department of Natural Resources and Environmental Control shall be planted as park trees or as street trees.
A. 
The placement and spacing of street trees will be approved by the City Arborist.
B. 
All street trees shall conform to American Association of Nurserymen Standards and be at least two inches caliper and at least eight feet in height when planted.
All street trees will be planted in the center of the area between the curb or curblines and sidewalks, or in bump-outs or bioretention planters.
No street tree shall be planted closer than 30 feet to any street corner, measured from the point of nearest intersecting curbs or curblines except as approved by the City Arborist. No street tree shall be planted closer than 10 feet to any fire hydrant.
No street trees other than small tree species approved by the City Arborist shall be planted under or within 10 lateral feet of any overhead utility wire, or over or within five lateral feet of any underground water line, sewer line, transmission line or other utility, unless otherwise approved by City Manager.
A. 
The City shall have the right to plant, prune and maintain and remove trees, plants and shrubs within the plotted boundaries of all streets, alleys, avenues, lanes, public squares and public grounds, as may be necessary to ensure public safety, or to preserve or enhance the symmetry and beauty of such public grounds, or to protect public or private property. It shall be the responsibility of the City to provide adequate maintenance for all City parks and City trees, except as otherwise provided by law. The City Arborist shall procure qualified tree trimming contractors to perform necessary maintenance, in accordance with City procurement procedures, and at the direction of the City Manager.
B. 
The City Arborist 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 sewer and electric power lines, gas lines, water lines or other public improvements or is affected with any injurious fungus, insect or other pest.
C. 
No person shall plant, spray, preserve, prune, remove, cut aboveground or otherwise disturb any tree on any street or City-owned property without first receiving permission from the City Arborist. Any tree removed from City-owned property must be replaced in a location approved by the City Arborist. Heritage trees must be replaced with two trees of at least two inches caliper and eight feet high which is of a species on the City of Rehoboth Approved Tree List per heritage tree removed; otherwise each tree removed must be replaced by a tree of at least two inches caliper and eight feet high which is of a species on the City of Rehoboth Approved Tree List.
D. 
Upon approval of the City Arborist, property owners may plant street trees on City-owned property adjacent to their property, provided that the selection and location of said trees is in accordance with §§ 253-9 through 253-13 of this article, and prior to planting, the property owner enters into a written agreement with the City requiring the property owner to maintain the street tree for the first two years. Said street tree shall be the property of the City. Responsibility for any damage to the sidewalk shall be in accordance with Chapter 232, Article I, § 232-1.
The topping or hat-racking of any street tree, park tree, or other tree on public property shall be unlawful. 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 article at the determination of the City Arborist.
A. 
Every owner of any tree overhanging any street, alley, avenue, lane, or other way within the City shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of 12 feet above the surface of the street or eight feet above the sidewalk and no lateral intrusion into the street or sidewalk area within this clear space. 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.
B. 
The City shall have the right to prune any tree or shrub on private property when it intrudes into the clear space above a street, alley, avenue, lane, way, or sidewalk, 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 City shall have the authority to charge the cost of pruning to the property owner.
A. 
The City shall have the right to cause the removal of any dead or diseased trees on private property within the City and on City-owned property when such trees constitute a hazard to life and property in public space, or harbor insects or disease which constitute a potential threat to other trees within the City. This includes trees planted between the curb or curbline and sidewalk, regardless if the tree was planted by the City or the property owner, and will also include removal because of damage done to the sidewalk and/or curb by tree roots.
B. 
If the City planted the tree, the City will incur all costs involved in removing and replacing the tree and repairing damage to sidewalks and curbs or curblines. If a property owner has planted a tree on City property and it needs to be removed, the City will notify the owner in writing, and the City may require removal and repair by the owner at the owner's expense within 15 days after the date of service of notice, or such longer period not to exceed 60 days as the City may approve for good cause. In the event of failure of the owner to comply with such provisions, the City shall have the authority to remove the tree and make repairs and charge the cost of removal and repairs to the property owner. If it is indeterminable whether a property owner or the City planted a tree on City property, the City shall be responsible for maintenance. To the extent that this section conflicts with any other provision of the Code concerning the duty to repair sidewalks or curbing, this section shall control the repair of tree-related damage to sidewalks, curbs or curblines.
All stumps of street 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.
Unless specifically authorized by the Parks and Shade Tree Commission, no person shall intentionally damage, cut, carve, transplant or remove any tree; attach any rope, wire, nails, advertising posters or other contrivance to any street tree or tree on City property; allow any gaseous liquid or solid substance which is harmful to such trees to come in contact with them; or set fire or permit any fire to burn when such fire or the heat hereof will injure any portion of any tree.
It shall be unlawful for any person to engage in the business or occupation of pruning, treating or removing street or park trees within the City without first applying for and procuring a license.