The Town Council may waive the provisions of Article I and II above, and require replacement planting for mitigation purposes, should the Town Council determine after demonstration by the applicant that due to physical limitations of the land, which would otherwise prohibit the reasonable use of the land, or for purposes of preserving, protecting and promoting the interest of public health, safety, welfare and/or public convenience. Tree mitigation may occur off-site in accordance with the provisions listed below in this chapter. The developer/property owner shall pay for the cost of all inspections related to tree planting requirements, including travel costs to locations outside the town limits of Dagsboro.
A.
If a waiver is sought from the tree planting requirement
in non-woodland areas, new tree plantings are required at a rate of
1:1. All new tree plantings shall meet the minimum size at planting
requirements.
B.
If a waiver is sought from the minimum woodland preservation
area requirements, then mitigation must be in the form of newly created
woodland areas. New woodlands shall be created at a rate of 1.25 times
the amount of woodlands to be removed. A woodland mitigation plan
shall be prepared by a licensed forester, landscape architect, or
certified nursery professional retained by the developer for consideration
by the designated arborist.
[Amended 4-27-2009]
In the event that trees or woodland areas to
be preserved under this chapter or as a condition of a site plan or
subdivision approval are illegally removed, tree mitigation shall
be required. All tree mitigation plantings must be placed on the same
lot, parcel, or tract on which the illegal clearing occurred, except
as noted below. All replacement trees must be of the same or a similar
variety as the trees illegally removed. Replacement with native species
is encouraged.
A.
If trees have been removed from non-woodland areas,
new tree plantings shall be provided in accordance with Table 2 below:
|
TABLE 2
| |||
|---|---|---|---|
|
Diameter at Breast Height of Trees Removed
(inches)
|
Number of Trees Required
|
Caliper Dimension at Planting
(inches)
| |
|
25 or larger
|
5
|
3
| |
|
17 to 24
|
3
|
2
| |
|
9 to 16
|
3
|
1.75
| |
|
8 or less
|
2
|
1.75
| |
B.
If trees have been removed from woodland areas, then
mitigation must be in the form of newly created woodland areas. New
woodlands shall be created at a rate of 1.75 times the area of woodlands
that were illegally removed. The woodlands unlawfully removed must
be replanted to satisfy a portion of this requirement. A woodland
mitigation plan shall be prepared by a licensed forester, landscape
architect, or certified nursery professional retained by the developer
for review and approval by the Town Council or designee.
C.
If land has been cleared for a timber harvest within the past five years from date of application, tree mitigation is required. Previously wooded areas harvested will fall under the preservation requirements of Table 1. Planting density shall be at a rate of 50 trees per acre. Mitigation plantings shall be of a species and minimum planting size as set forth in Appendix B.[1]
[1]
Editor's Note: Appendix B is included at the end of this chapter.
D.
If the applicant wishes to provide replacement plantings
on any property other than the one on which illegal clearing occurred,
the mitigation plan must be reviewed and approved by the Town Council.
The developer/property owner shall pay for the cost of all inspections
related to tree planting requirements, including travel costs to locations
outside the town limits of Dagsboro. When considering off-site locations
for tree mitigation, the Town Council shall consider:
(1)
A physical hardship related to the land that would
otherwise prohibit compliance on the subject site.
(2)
Whether the mitigation plan proposed by the applicant
is superior in terms of environmental benefits, tree quantity, or
aesthetic qualities compared to strict compliance with the chapter
on site.
The Town Council may require tree mitigation
areas to be placed in permanent conservation through deed restrictions,
conservation easements, or donation to land trusts.
All tree plantings shall adhere to ANSI A300,
Planting Standards.
