As used in this chapter, the following terms
shall have the meanings indicated:
An outside diameter measurement of the trunk of a tree measured
at a vertical distance of six inches above grade.
Caliper dimension at a height above ground in the four feet
to six feet range.
The removal of trees from an area of 5,000 square feet or
greater, whether by cutting or other means. Clearing shall not include
the removal of trees for landscaping purposes by individual lot owners.
That portion of a lot exclusive of the required minimum setback and yard requirements as established by Chapter 275, Zoning.
A qualified arborist selected by the Town Council to provide
required arborist services and consultation to the Town.
A line on the ground established by a vertical plane extending
from a tree's outermost branch tips to the ground, i.e., the line
enclosing the area directly beneath the tree's crown from which rainfall
would drip.
Any self-supporting woody perennial plant, usually having
a main stem or trunk and many branches and at maturity normally attaining
a trunk diameter greater than three inches at any point and a height
of over 10 feet.
Any portion of a site wherein are located existing trees
that are proposed to be retained in order to comply with the requirements
of this chapter. The tree protection area shall include no less than
the total area beneath twice the radius of the crown of the tree or
group of trees collectively.
Those areas of lands which fall within the definition of
"wetlands" currently used by the Army Corps of Engineers, or those
adopted by the State of Delaware in accordance with the Army Corps
of Engineers.
An area of contiguous wooded vegetation of at least 10,000
square feet in an area where trees exist at a density of at least
one tree with diameter at breast height of six inches or greater per
400 square feet of land and where the tree branches form a contiguous
canopy. Active tree nurseries and orchards shall not be considered
woodland for purposes of this chapter.
[Amended 4-27-2009]
The terms and provisions of this chapter shall apply to any activity on real property that requires site plan or subdivision approval of the Town Council as set forth in this chapter and Chapter 275 (Zoning) and Chapter 238 (Subdivision of Land). No building or demolition permit or approval of an application for subdivision or site plan shall be issued until it is determined that the proposed action is in accordance with the provisions of this chapter.
A.Â
In new developments, woodland areas shall be preserved
in accordance with the following Table 1 below:
|
TABLE 1
| |||
|---|---|---|---|
|
Use
|
Density
|
Percentage of Existing Woodland Area to
be Preserved
| |
|
Residential
|
0 to 1.25 DUs/acre
|
30%
| |
|
1.25 to 2.5 DUs/acre
|
40%
| ||
|
2.5 to 5 DUs/acre
|
50%
| ||
|
5 to 10 DUs/acre
|
60%
| ||
|
Nonresidential
|
1 to 10 acres
|
20%
| |
|
10 to 25 acres
|
30%
| ||
|
25 to 50 acres
|
40%
| ||
|
More than 50 acres
|
50%
| ||
B.Â
Selective clearing may be used on up to 1/2 of the
woodland area required to be preserved This allows individual lots
to be placed within common ownership. Areas required to be cleared
for street rights-of-way shall not be included in the calculation
of woodlands to be preserved.
On any newly created lot located within a woodland area, all trees of six-inch dbh located outside of the buildable area of the lot shall be preserved. Any removal of trees outside of the buildable area shall be subject to the mitigation requirements located in Article III of this chapter.
[Amended 4-27-2009]
Clearing, as defined by this chapter, for any
purpose whatsoever, except the establishment of trails and pathways
(not greater than eight feet in width), shall be prohibited unless
approved by the Town Council through the site plan or subdivision
review process.
No portion of wetlands areas shall be developed
or cleared of vegetation unless permission is granted pursuant to
state and/or federal permits and in accordance with specific woodland-clearing
exceptions. Woodlands in designated wetlands shall remain as essentially
undisturbed areas.
Trees having an historic value, as determined
by the designated arborist, State Historic Preservation Officer, or
the Delaware Forestry Service, or that are of an outstanding nature
due to type or species or age, may be required by the Town to be preserved.
Such trees may be prohibited from being removed by the Building Official
until such time that the Town has granted approval to remove such
trees.
In designing subdivisions and land development,
applicants are encouraged to minimize forest fragmentation and maintain
and create, whenever possible, forested corridors to link other forested
tracts.
No less than 75% of existing woodland in areas
designated as passive open space on the subdivision or site plan shall
remain forested.
