Trees planted to meet the tree density requirements of §
253-22 or the mitigation requirements of §
253-29 of this article shall be selected from the City of Rehoboth Beach Approved Tree List.
Tree removal permits shall be applied for and obtained prior
to beginning any activity on a lot which is intended to or may reasonably
affect any tree as described below in this section.
A. Tree removal.
(1) No person shall, directly or indirectly, cut down, substantially
alter, destroy, remove, relocate, damage, or authorize any such act
involving a protected tree situated on any land within the City of
Rehoboth Beach without first obtaining a tree removal permit. No permit
shall be issued to remove any protected tree unless removal is by
a licensed tree professional if, in the judgment of the City Arborist,
professional removal is needed for the protection of any property
or persons.
(2) Tree removal permit.
(a)
No tree removal permit shall be issued unless the City finds
that at least one of the following criteria is satisfied with respect
to each protected tree designated for removal:
[1]
In the case of an application for a building or demolition permit
or for partitioning, a subdivision or site plan approval, the tree
prevents reasonable development of a lot that is otherwise permissible
under City ordinances; provided, however, that a tree removal permit
shall not be granted where the applicant has failed to design and
locate the proposed improvements, demolition or subdivision so as
to minimize the removal of trees consistent with the permitted use
of the lot and shall be granted only after reasonable efforts have
been made to save protected trees on a lot. Reasonable efforts shall
include, but not be limited to, alteration of building design; alternate
location of building, an erosion control plan, parking area and other
impervious surfaces, water retention or drainage infrastructure; or
relocation of utilities;
[2]
The tree is located within an existing or proposed public or
utility company street, alley, avenue, lane or other way, an existing
or proposed public or utility company easement, or stormwater management
tract or facility, provided that only the minimum area reasonably
necessary for the public service or use shall be considered for purposes
of determining whether there is necessity for tree removal;
[3]
The tree is located where it creates or will create a material
safety or health hazard with respect to existing or proposed structures
or vehicles or pedestrian routes, and such hazard is not innate to
or commonly associated with the existence of trees in general (for
example, lightning, wet leaves on the ground during rainstorms);
[4]
The tree is located where it interferes with the installation,
delivery or maintenance of proposed or existing utility services to
the lot and relocation of such services is not reasonably practicable;
[5]
The tree is determined by the City to be dead, significantly
diseased, severely injured or in danger of falling;
[6]
A tree is determined to be one of the following species: Ailanthus,
Bradford Pear, Japanese Black Pine, Leyland Cyprus, and Norway Maple;
or
[7]
The tree is under eight inches and is replaced with another
approved tree meeting minimum tree density, in those cases where mitigation
is required.
B. Exempt activities. The following activities shall be exempt from
the requirements of this section:
(1) Removal of any tree in an existing utility easement or the plotted
boundaries of a street, alley, avenue, lane, or other way, provided
such work is done by or under the direct control of the operating
utility company and said company has received all necessary licenses
or permits to provide utility service within the easement and said
company has documented the need for said removal. However, this exemption
shall not apply to the removal of any Heritage tree.
(2) Removal of any tree for the purpose of maintaining an existing legally
required access to a property.
(3) Removal of any tree which has been destroyed or damaged beyond saving,
from extreme weather conditions, insects, disease or fire, or which
constitutes an immediate peril to life or property, in any such case
where it has been determined to be such by the City.
C. Display of permit. The applicant shall prominently display on the
site the permit issued on a sign prescribed by the Parks and Shade
Tree Commission. Such permit shall be displayed continuously while
trees are being removed or work done as authorized by the permit.
As a condition for the issuance of a permit, the applicant shall agree,
in writing, to consent to entry onto their lot by representatives
of the City to inspect the permit and activities at any time, and
such entry shall be lawful.
D. Application. Application for a tree removal permit shall be made,
in writing, on the form provided by the City.
(1) The application shall include but not be limited to the following:
(a)
Statement as to the ownership interest in the lot;
(b)
Legal description of the lot and a boundary survey or accurately
scaled drawing thereof;
(c)
A tree plan for the lot meeting the standards of §§
253-24 or
253-29 of this article;
(2) If an application for building or demolition permit or for subdivision
or site plan approval contemplates activity on a lot which is intended
to or may reasonably affect any tree as described below in this section,
then an application for a tree removal permit shall be submitted and
processed concurrently. All items shown shall be properly dimensioned,
scaled and referenced to the property lines and setback requirements.
(3) The filing of an application shall be deemed to extend permission
to the City to inspect the property subject to such application, if
inspection is found necessary for purposes of evaluating the application.
(4) For those applications that are not being processed concurrently
with an application for a building or demolition permit or for a subdivision
or site plan approval, in which case longer periods of time may occur,
the City shall have a reasonable time following the receipt of a completed
application within which to make a determination on whether a permit
shall be issued as requested. If the permit is not issued, the City
shall indicate, in writing, that the application is denied.
(5) Any permit issued hereunder shall remain valid for a term of six
months and may be renewed for a second six-month period upon request
to the City or the City may require reapplication and full review.
If a permit required by this section has been issued concurrently
with the building or demolition permit or approval of an application
for a subdivision or site plan, then such permit shall run concurrently
with the building or demolition permit or approved subdivision or
site plan and may be renewed together therewith.
(6) Issuance of a tree removal permit shall constitute approval of the
tree plan.
E. Permit fees.
(1) Tree removal permit fee. A nonrefundable administrative fee will
be collected by the City of $25 per tree plus a fee for the total
cumulative diameter of trees removed:
(b)
Sixteen to 24 inches: $100.
(c)
More than 24 inches: $300.
The fee shall be waived to remove a dead tree where it has been
determined to be such by the City.
Following the receipt of the completed application for a tree
removal permit or submission of a tree plan, the City Arborist shall
conduct an inspection of the proposed development site within such
period of time as may reasonably be required to verify the information
contained on the application. Following inspection, the City Arborist,
consistent with the purpose of this article, shall advise the applicant
of any required changes in the applicant's proposed tree removal,
protection or replanting plans.
Where a building permit application involves any land disturbance
activity of 500 square feet or more, a tree protection plan shall
be required subject to the following provisions:
A. The tree protection plan shall delineate tree root protection areas
and other construction protection measures to be taken to ensure the
safety and survivability of all protected trees. Such protection measures
shall apply to any disturbance activity associated with all construction
activities, grading or drainage changes, trenching including underground
utility lines, heavy equipment use or any temporary construction access
drives and where construction materials and equipment will be stored.
In addition, the following shall apply:
(1) The construction protection must be adequate to assure the tree is
not damaged or destroyed and approved protective barriers, best practices,
including proper branch and root pruning, pre- and post-watering or
other techniques must be utilized. At minimum, a six-feet-wide four-feet-high
barrier with a sign in English and Spanish marking a no-entry zone
shall be erected around the tree. If additional protection is necessary,
the City Arborist may require an alternative method of protection
in accordance with ISA standards. Inspection of tree protection barriers
is required prior to any land disturbance or development. The City
Arborist shall be contacted to schedule an inspection time.
(2) No person shall encroach or place solvents, material, construction
machinery or temporary soil deposits within six feet from the trunk
of any protected tree or any tree within a tree preservation area,
including any tree on an adjacent lot for which the tree preservation
area extends into the site, without prior approval of the City Arborist.
The City Arborist may authorize, for good cause, a reduction in the
protected area to not less than four feet from the trunk of any protected
tree or any tree within a tree preservation area.
(3) No grading, demolition, trenching, or other activity which may adversely
affect trees in this zone may proceed prior to approval and issuance
of necessary permits by the City.
(4) Any alterations to the tree preservation area must be accomplished
using best practices, unless otherwise approved by the City.
(5) If the lot contains or is located within 10 feet of one or more Heritage
trees, additional reports are required as part of the tree protection
plan. All reports shall be prepared by a certified arborist and note
the Heritage tree's size, species, and general health condition.
(a)
Pre-demolition or pre-construction report: shall state removal/retention
recommendations, additional protections needed, best practices for
preservation, and maintenance needs (including but not limited to
watering, pruning, insect/disease treatments, and fertilization).
It shall also compare the tree's current health to its anticipated
health post-construction.
(b)
Post-construction report: shall document any Heritage trees damaged during construction and recommended remediation, including removal. It shall state any immediate maintenance requirements and long-term recommendations to ensure survival. The current status of all protections and activities required in Subsection
A above shall be noted. The approval of this report is required in order to issue a certificate of occupancy and/or close out the permits.
(c)
All reports must be approved by the City Arborist. The City
Arborist may request an amended plan and report before approving the
tree protection plan and arborist report. As part of the plan approval,
the City will note any required recommendations (including maintenance
and protection) and may require a copy of a signed contract for those
services as supporting documentation.
B. All tree protection devices must remain in functioning condition
until removal is authorized by the City.
C. Whether or not the City has designated a protected area, any tree designated in the tree plan to be saved, which is damaged during construction or as a result of construction, as determined by the City Arborist, shall be treated in accordance with accepted ISA Standards. Such damage or removal shall be a violation of this Chapter in accordance with §
253-32.
D. Failure of property owners to comply with the requirements of §
253-27 may result in the referral to the Building Official for the issuance of a stop-work order for all permitted work. After written notice, civil penalties may be assessed as provided in §
253-32.
Prior to the issuance of the certificate of occupancy or the
final closeout of all building permits, if applicable, the tree plan
shall be inspected by the City.
A. In the event there are any changes to the approved tree plan, such
changes must be reviewed and approved by the City and noted on the
plan prior to final closeout.
B. Trees must be planted according to ANSI Standards.