Henlopen Acres passes minimum density tree ordinance

Spurred by a recent spate of construction – especially on the ocean block of Rolling Road – Henlopen Acres commissioners approved a minimum-density tree ordinance during their quarterly meeting Oct. 11.

The minimum-density tree ordinance applies to any new home or renovation larger than 400 square feet that changes the footprint of the building.

An application for a building permit must include a landscape plan meeting the minimum tree density of one tree per 2,000 square feet of required open space. Under town code, a minimum of 60 percent of the lot area is to remain open space.

Trees in town right-of-way don’t count toward the minimum density. Planted trees must be selected from the town’s list of approved tree species and be at least 50 percent deciduous shade trees, 25 percent evergreen and up to 25 percent small specimen trees. Trees must be planted within 90 days of completing construction.

Mayor Joni Reich said she thought the ordinance was fair and reasonable. As new homes are being built, people are building to the 6,000-square-foot maximum and lots of trees are being cut down, she said.

A third triggering criteria – any project that includes the removal of a tree with a caliper greater than 6 inches – was removed from the ordinance after Commissioner John Staffier raised concerns on that being too strict. That would pretty much include every tree in Henlopen Acres, he said.

The ordinance was not in formal ordinance form. There was a brief discussion on waiting to vote on the ordinance until Town Solicitor Glenn Mandalas crafted a formal document, but commissioners opted instead to pass the ordinance as amended because there was concern building permits on houses for sale may be submitted before the next quarterly meeting.

Prior to the vote, Mandalas said a public hearing was not required because it was a change to the town’s tree code, not zoning code. Commissioners are expected to officially ratify the ordnance during their meeting Friday, Nov. 8.

This is the second ordinance related to protecting trees passed by commissioners in the past six months. In July, town code was amended to protect trees in town right of way by requiring protective barriers around the base of trees and forbidding storage of construction equipment near the tree. This change also increased a violation of the tree code from $200 to $750.

The town is also planting 24 trees in its right-of-way on the ocean block of Rolling Road to help replace some of the trees that were cut down. Town Manager Tom Roth said the estimated cost of the trees is $13,200. He said some of the trees will be planted soon and some others will be planted in the spring.

Continued discussion on rental properties

Prior to passing the minimum-density tree ordinance, town commissioners hosted a workshop on town code related to rental properties.

Reich said fewer than 15 percent of the town’s 184 homes have rental permits. She reminded everyone in attendance that some rules are already in place – rental homes can host up to 12 people, they must be rented for at least seven days and there’s a 5 percent gross receipts tax.

Reich said she wasn’t sure the situation is getting out of control, but discussion and possible changes would help the town stay ahead of the problem.

A number of property owners who spoke in favor of keeping the rules the same were the second, third or fourth generation of a family to own a home in town. They said the rental income allows them to keep the house in the family, use it when they can and also make necessary capital improvements to the property. These owners also said sometimes they are the ones making the noise because as more and more generations use the house, the number of cars and people increases.

However, other property owners said their summer experiences have changed because renters are loud and don’t care about observing the town’s rules and regulations. There was also concern that renters were being allowed at the Henlopen Acres Beach Club, which is supposed to be restricted to property owners.

Mandalas said a difference between Henlopen Acres and Rehoboth Beach is that there is no commercial district in Henlopen Acres. As stewards of the town, commissioners have been elected to maintain the residential nature of Henlopen Acres, he said.

Ultimately, commissioners tasked Mandalas with crafting an ordinance with specific limitations on the number of times a property owner can rent their home in a year.

Roth said it’s too late to implement any changes for 2020, because many of 2019’s renters have already rebooked. The cat is already out of the bag for 2020, he said.