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A revised Rehoboth Beach tree ordinance is almost ready for city commissioners to review.
Originally a 20-page draft, the proposal has been pared down and fine-tuned.
The 13-page Comprehensive Tree Ordinance will be available to the public this weekend and is also posted on the city’s website.
“We’ve been able to cut out about one third of the stuff that was in there. Even though it’s dense and complex, it’s quite streamlined,” said first-term Commissioner Dennis Barbour.
“Essentially the emphasis is to try to prevent removal of trees,” said Barbour.
For new construction, owners would be required to have at least three trees with a 3-inch diameter on a typical 50-by-100-foot lot of 5,000 square feet, in order to secure building permits or certificates of occupancy.
Through a set of triggers, said Barbour, city officials would be alerted to new construction in which owners would furnish a tree preservation plan prior to being issued permits.
“Tree triggers are at the heart of the tree ordinance,” said Barbour.
But, he added, “Current property owners with no trees are exempt.”
From 10 a.m. – 12 p.m., Saturday, Jan. 14, city officials will present the draft at the Rehoboth Beach Convention Center Conference Suite, where officials and consultants will be on hand to answer questions.
Barbour proposed a version to the city’s planning commission Jan. 9, when a number of scenarios were presented.
Among the planning commission’s concerns were the review process and logistics, including paperwork and fee establishment.
Barbour attributes the lengthy proposition to a comprehensive draft including most types of situations.
Since the ordinance pertains to nature, the variables are almost endless, Barbour said.
In addition to preserving resort town trees, the proposal would also encompass maintenance and planting new trees, which some say is more than just a device to protect local foliage.
For instance, in Country Club Estates, a neighborhood resting on a former golf course where very few trees stand, a new ordinance may promote planting some - but, only for those redesigning their property or building new homes or additions.
According to Commissioner Patrick Gossett, “the current draft is a workable proposal. It really addressed the fact that Country Club Estates has no trees.”
Tree ordinance birth
In 2003, the city’s comprehensive development plan (CDP) indicated the need for governance of Rehoboth’s trees.
The city’s Parks and Shade Tree Commission has been working with the Wilmington-based U.R.S. Corporation – a consulting firm hired by the city - to poll residents about what they deem appropriate for the community.
One of resident’s premier concerns was including laws on Rehoboth’s books to retain as many trees as possible in Rehoboth. The city has become known as the tree city, because of the expanse of trees and a diversity of species not found in other East Coast resort communities.
Proposal’s progress
On Dec. 6, the Parks and Shade Tree Committee presented an initial draft to Rehoboth Commissioners.
In the absence of laws to protect Rehoboth’s trees, the city’s planning commission has granted conditional approvals to ensure tree life on two Rehoboth Beach properties.
Theoretically, Rehoboth Commissioners can vote on the proposal Tuesday, Jan. 17, although many say it may be too soon yet.
How it works
Through a set of tree triggers, said Barbour, city officials would be alerted to property alterations that would require a tree survey of existing trees.
Once again, the ordinance would require three trees of three inches or more to exist on a typical 50-by-100 foot lot of 5,000 square feet.
Under most circumstances, trees of six inches in diameter or more would also be preserved.
But, for residents who apply for a building permit for any structure over 500 square feet, or applications for demolitions, partitions or subdivisions and clearing the land, the applicant would be tagged for a site review.
Before issuing permits, the applicant would have to submit a tree survey and protection plan.
A tree survey or protection plan applies only to properties with fewer than three trees to preserve trees already there, said Barbour.
Specimen trees are defined by size and age and hardwood trees are those with a diameter of at least 24 inches. Tree stands are any groups of trees growing together that each have a 14-inch diameter.
The city also has the right to determine historic trees, which would be declared through a hearing process.
Provisions also encourage keeping front yard trees.
Under the city’s charter, up to $500 in fines could be given for any infringements of the ordinance. In addition, a building inspector, or other administrator, would not issue a certificate of occupancy if plans are not adhered to.
“It will not be cost effective for them to cut down trees because not only will there be fines, but trees would have to be replaced,” said Barbour. Within the proposal are lists of trees and corresponding market prices.
For new home construction or alterations that hinder building site plans, owners would be allowed to remove certain trees, but they would also be required to replace them elsewhere on their property. An appeals process would also be established.
What’s next
The next step is take comments and incorporate them into the proposal, said Barbour.
Barbour and members of the city’s Parks and Shade Tree Commission are working around the clock to finalize the ordinance, but come Tuesday, residents can expect all provisions to be in place.
“We’ll discuss it on Tuesday, by that point we’ll have the final draft, subject to change on the part of the commissioners. The commissioners could theoretically pass it Tuesday, but it could be deferred to the following meeting, or it could be deferred to a special meeting,” said Barbour.
“I think it’s important to point out that a lot of residents have taken time to go over this. It really has been a large committee on this, including people familiar with tree issues and those in the legal community,” he said.
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