Henlopen Acres residents: one size does not fit all when saving trees

Henlopen Acres officials are considering an ordinance that would place tree-removal restrictions on private property in the name of keeping the town’s well-known canopy.

At a May 23 public hearing, everyone who spoke was in favor of keeping as many trees as possible, but issues were raised about the fairness of implementing a blanket set of rules when not all lots are the same. Concerns about vagueness of wording could lead to uneven enforcement, many argued.

The town has been wrestling with how to broaden the scope of the tree code for two years, Mayor Joni Reich told a standing-room-only crowd at the Henlopen Acres Beach Club. The tree canopy defines the beauty of town, she said.

There were two reasons cited as to why the town is pursuing these changes. Much of the town’s existing tree canopy is nearing 100 years old, which means there's going to be natural death of trees, said Reich. Also, there’s been new construction that’s displacing a lot of trees, she said, adding there have been 26 new homes constructed in the past 12 years.

The town has already taken it upon itself to do what it can to preserve the tree canopy. Henlopen Acres has a tree committee that was formed a decade ago. In that time, the town has planted 200 trees in the town’s rights of way, at a cost of about $250,000, said Reich. At the same time, volunteers have cataloged all 811 of the town’s trees, she said.

Town Manager Anna Fagan went over the proposed changes.

The ordinance would protect canopy shade trees – maples, oaks, loblolly pines – in the setback areas on private property. The proposed tree protection areas in the setbacks of every lot would be the first 10 feet beyond the town right of way in the front yard and the entire 20-foot setback of both side yards and the rear yard. There would be an allowance of 5 feet around the buildable area to provide for construction or renovation of a dwelling.

In addition, the town would require a tree-removal permit, with approval based on criteria such as poor condition of a tree or imminent risk. Residents who remove a canopy tree will be required to plant a new one if new density standards aren’t met, and there would be a $2,500 fine assessed for the removal of protected trees without town approval.

One of the biggest concerns raised by public speakers was lot size. The proposed rules were created with the idea that the average lot is 20,000 square feet, but that’s the average, not a hard rule.

Anthony Unger, a new property owner, said his lot is one of the smallest in town, and enforcing strict setback rules would limit the use of his lot even further. The town already has a reasonable set of rules, he said, and these changes will end up generating liability issues.

Lee Raesly, a planning commission member, said he would rather see an incentive-based approach, instead of a punitive approach. Vagueness in terms can lead to hard feelings, he said.

Many of the trees are 80 years old, he said, and they’re not always in the best spots.

Henry DeWitt, one of the original tree committee members, said much of the town’s value comes from its tree canopy. The proposal was pretty well thought out and in everyone’s best interest, he said.

No decisions were made by the commissioners at the hearing.

More information, including a full list of possible changes, is available at town hall, 104 Tidewaters, or by contacting townhall@henlopenacres.com. The public comment period will close at 4:30 p.m., Friday, May 30. Comments may be submitted in writing by mail to town hall or by email at townhall@henlopenacres.com.