[HISTORY: Adopted by the Commissioners of
the Town of Henlopen Acres 6-9-2017.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also provided for the repeal
of former Ch. 114, Trees, adopted 7-14-2000, as amended.
Trees and Town vegetation, as hereinafter defined, are declared
to be beneficial public resources. To that end, it shall be unlawful
to cut down, damage, poison or in any other manner destroy or cause
to be destroyed any trees or town vegetation covered by this chapter,
except in accordance with the provisions of this chapter.
There is hereby created and established a Town Tree Committee
for the Town of Henlopen Acres, Delaware, which shall consist of the
Mayor, Planning Commission Chairman and a minimum of three, but not
more than five, at-large members appointed by the Mayor and approved
by the Board of Commissioners. The at-large members shall serve three-year
terms.
It shall be the responsibility of the Tree Committee to study,
investigate, counsel and develop a plan for the care, preservation,
pruning, planting, replanting, removal or disposition of Town vegetation,
as hereinafter defined. Such plan will be presented annually to the
Board of Commissioners as part of the Town's Annual Budget meeting
and, upon approval or modification by the Board of Commissioners,
shall constitute the official Town Tree Plan for that budget year.
The Tree Committee, when requested by the Board of Commissioners,
shall consider, investigate, make findings, report and recommend upon
any special matter or question coming within the scope of its work.
The Board of Commissioners shall have the right to review the actions
and decisions of the Town Tree Committee.
For the purpose of this chapter, certain terms are defined as
follows:
The area directly located under the outer circumference of
the tree branches. This definition also applies to the terms "critical
root zone" and "root protection zone."
[Added 7-12-2019]
The clearing of or removal from a parcel of land of all or
part of the natural elements existing thereon, including, but not
limited to, trees.
Any individual, partnership, corporation, association or
other legal entity, including the plural as well as the singular,
and including all tree removal companies and persons removing trees
on behalf of others.
Any tree on Town property. Protected trees may not be trimmed,
topped, otherwise damaged or removed without a permit obtained from
the Town in advance of the work.
[Added 7-12-2019]
The actual removal of a tree by digging up, cutting down
or the effective removal through damage.
Any one, or combination thereof, of the following: Town Manager,
Zoning Officer, Environmental Approval Committee, Tree Committee,
the Town's designated ISA Arborist.
[Added 7-12-2019]
Trees, shrubs, bushes and all other woody vegetation in public
rights-of-way, parks, marina and any other parcel owned by the Town.
A species normally identified as a tree, such as an oak,
pine, cypress, magnolia, etc., that is at least four feet tall and,
as measured 12 inches above the ground, has a circumference not less
than three inches.
A.
It shall be unlawful for any person to remove or damage any Town
vegetation, except in accordance with the provisions of this chapter.
B.
Emergency removal of Town vegetation. No Town vegetation shall be
removed except under the direction of the Town Manager.
C.
Except as may otherwise be provided in Town ordinances or other law, it shall be unlawful for any person to perform land clearing or remove or damage any trees, bushes or ground cover on a vacant lot in preparation for or anticipation of the excavation, erection, construction, or demolition of any building without first obtaining a zoning certificate as required by § 130-37A of the Zoning Code of the Town of Henlopen Acres.
[Added 7-12-2019]
Protected trees adjacent to a permitted construction site shall
be subject to the following provisions:
A.
No person
shall encroach or place solvents; temporary storage units; trash dumpsters;
construction materials, equipment, trailers or machinery; or temporary
soil deposits within 1/2 the distance between the drip line and the
trunk of any protected tree, but no less than 10 feet from the trunk
of any protected tree; or such other distance as determined by the
Town in writing.
B.
Before
development, land clearing, filling or any land alteration, the contractor
shall be required to erect suitable protective barriers around the
base of protected trees as required by the Town, including tree fences
and erosion barriers until completion of work. Authorization to remove
the protective devices shall be permitted only in writing by the Town
or by the issuance of a final certificate of occupancy. Inspection
of tree protection barriers by the Town is required prior to any land
disturbance or development. The Town shall be contacted to schedule
an inspection time.
C.
Materials
for active tree protection shall consist of chain link, orange laminated
plastic, wooden post and rail fencing or other equivalent restraining
material. In addition to fencing, where active tree protection is
required, each tree to be saved shall be marked at the base of the
trunk with blue-colored water-based paint.
D.
Any protected
tree which is damaged during construction or as a result of construction,
as determined by the Town, shall be treated in accordance with accepted
ANSI standards or replaced by those responsible for the damage with
a tree or trees equal to the caliper value of the damaged tree.
The Town, in its discretion, will plant, maintain, and remove
Town vegetation as may be necessary to ensure public safety or preserve
or enhance the tree canopy and the beauty of public grounds.
Owners, occupiers, and agents of such owners or occupiers shall maintain trees and shrubs on their private property such that they do not interfere with the proper spread of light along the street from a streetlight or interfere with visibility of any traffic control device or sign. Failure to do so shall constitute a "nuisance- for purposes of § C-28 of the Town Charter.
Owners, occupiers, and agents of such owners or occupiers shall remove any dead or diseased trees on their private property 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. Failure to do so shall constitute a "nuisance" for purposes of § C-28 of the Town Charter.
A.
Any violation of any provision of this chapter is declared to be a civil offense and is subject to the voluntary assessment and other procedures described in Chapter 55 of this Code. Any person, including but not limited to, the owner, agent, architect, contractor, or any other person who commits, takes part or assists in any such violation shall pay a civil assessment of $750 and shall pay the Town's court costs, including its attorneys' fees. Each day any violation of this chapter occurs or continues to exist shall constitute a separate violation and may be subject to a separate civil assessment.
[Amended 7-12-2019]
B.
A violation of any provision of this chapter shall be deemed a nuisance
and may be abated in the same manner provided by the Town for the
abatement of any other nuisance in addition to the provisions of this
chapter. In addition to any other remedy provided by law, an appropriate
legal proceeding, whether by legal process or otherwise, may be instituted
or taken to prevent action, construction, planting, removal, or use,
or to restrain, or correct, or abate such violation to prevent any
act, conduct or use contrary to the terms of this chapter.
C.
Order for compliance.
(1)
Public property encroachments. Upon failure, neglect, or refusal
of any owner, occupier, or agent of such an owner or occupier to comply
with the requirements of this chapter within 10 days after receipt
of written notice sent by certified mail or registered mail, the Town
Manager is authorized to remove, prune, or otherwise remedy public
property encroachments.
(2)
Private property violations. Upon failure, neglect, or refusal of
any owner, occupier, or agent of such an owner or occupier to comply
with the requirements of this chapter within 60 days after receipt
of written notice sent by certified mail or registered mail, the Town
Manager is authorized to remove, prune, or otherwise remedy violations
of this chapter on private property.
D.
Whenever the Town effects a removal or pruning, or enforces compliance
with the terms of this chapter, pursuant to the provisions of this
chapter, the actual cost thereof, together with an additional charge
of 20% of the actual charge to defray administrative expenses, along
with the Town's related costs and expenses, including its attorneys'
fees, together with accrued interest at the rate of 6% per annum from
the date of completion of the work by the Town, shall be charged to
the owner or occupier of such property, and the Town may proceed to
collect the same as it would any other obligation due the Town.
E.
Additional assessment for illegal tree damage or removal. In addition
to the penalties and assessments provided herein, any person who damages
or removes a tree or trees in violation of any provision of this chapter
shall forfeit and pay to the Town a civil assessment equal to the
total value of those trees illegally damaged or removed, as computed
from the International Society of Arboriculture shade tree value formula.
Said sum shall accrue to the Town and may be recovered in a civil
action brought by the Town. Said sum so collected shall be placed
in a special fund and shall be expended for the purchase of tree(s)
for placement in public properties in the Town. Replacement of illegally
removed or damaged trees may be required as restoration in lieu of
monetary assessment. A combination of monetary assessment and tree
replacement may be required.
The Town Manager may withhold the issuance of the required certificate
of occupancy, or permits and inspections, on any development as required
until the provisions of this chapter are met.
[Added 11-8-2019; amended 7-8-2022]
Recognizing that a plentiful tree canopy is a unique and signature feature of Henlopen Acres, and that building construction poses a significant risk of loss of established trees on a lot and on neighboring lots, this section shall apply to any person who submits a building permit application 1) to construct a new home on a lot, or to perform a renovation including a change in footprint in excess of 400 square feet; or 2) perform renovations that require removal of existing trees; or 3) during the construction process otherwise substantially damage or cause to be removed existing trees that are not Town trees protected pursuant to the protection of trees, § 114-5.1 of the Town of Henlopen Acres Code. When this section is applicable, the application for a building permit must include a landscape plan that meets the following minimum tree density requirements:
A.
The lot
will have one tree per 2,000 square feet of required open space.
B.
Trees
in the right-of-way and trees planted elsewhere on the lot in excess
of three inches' caliper will be counted toward the minimum density.
C.
Planted
trees will be selected from the Town's list of approved tree species.
E.
Minimum
tree sizes:
[Amended 10-9-2020]
|
Type
|
Caliper
(inches)
|
Height
(feet)
|
Example
|
|---|---|---|---|
|
Deciduous
|
2.5-3
|
Oak, locust
| |
|
Evergreen
|
8-10
|
Pine, cedar
| |
|
Small-specimen
|
2-2.5
|
Dogwood, birch
|
F.
Trees
will be planted within 90 days of construction completion.
G.
The Town
Manager, in conjunction with the Zoning Officer and the Town Arborist,
will have the authority to apply the above requirements in a way that
achieves the intent of the requirement while taking into account the
specific features of the lot, structures, and existing trees.
