Dewey P&Z proposes new green space requirements

The Dewey Beach Planning & Zoning Commission voted unanimously Dec. 15 to recommend several amendments to code to establish green space requirements for new construction projects and to clarify building height regulations.

Town council will review the recommendations at a later date.

Tree density

In an effort to preserve and enhance the community’s tree canopy and overall green space, the commission recommended establishing a required minimum number of trees, based on square footage, for three zoning districts.

The districts, along with their proposed minimum requirements, are as follows: Neighborhood Residential - one tree per 1,666 square feet; Resort Residential - one tree per 2,000 square feet; and Resort Business - one tree per 2,500 square feet.

When calculating the number of trees, if the product has a decimal greater than or equal to 0.5, round up; if it has a decimal less than 0.5, round down. For example, a typical 5,000-square-foot lot in the RR district would require 2.5 trees, which would be rounded up to three trees.

Additionally, commissioners recommended that each new tree planted must satisfy existing regulations, which require the tree to be a native species included on the Delaware Department of Agriculture list of recommended trees or other similar authoritative list, have a minimum diameter measured one foot above ground of 5 inches and have a minimum height of 12 feet when planted.

Many other Delaware municipalities impose tree planting or canopy requirements, ranging from explicit ordinances, like Lewes’ tree density ordinance, to canopy percentage goals, planting pledges, zoning rules, site-plan reviews and requirements tied to state grants.

The Delaware Forest Service encourages all communities to establish measurable goals to maintain and grow urban tree coverage.

Building height

Current code has some inconsistencies regarding building height regulations for legal nonconforming structures that require rebuilding after being significantly damaged by a major event, like a flood or a fire.

Chapter 101, Flood Damage Reduction, requires properties in a flood zone that are substantially damaged to be elevated. It also requires that the elevated property not exceed the height standard for flood zone properties. 

Chapter 185-46 makes an exception to the height standard for properties built in a special flood hazard area prior to the adoption of the flood insurance rate maps in cases where the property is substantially damaged and needs to be rebuilt, provided that it’s rebuilt to essentially the same configuration as before it was damaged.

The proposed amendments aim to eliminate any inconsistencies between these two chapters and to make it clear this exception exists. According to Assistant Town Manager Jim Dedes, the amendments would not really have an impact on the town, as they merely clarify what the town is already doing.

In other words, the exception would still stand.

For more information about the proposed changes, go to tinyurl.com/mzs6r5h3.