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.
A. 
All lots used for residential purposes, whether zoned residential or not, must maintain an average minimum tree density of 26 trees per acre, subject to adjustments as stated in this subsection. Tree density may be achieved by existing trees or planting of new trees. The specific tree density requirements for each lot are as follows:
Each lot used for residential purposes, whether zoned residential or not, and each lot containing a hotel, motel or inn shall have at least three trees on the lot for each 5,000 square feet of land, or one tree for each 1,666 square feet of land for lots smaller or larger than 5,000 square feet. In calculating the minimum tree density required for a lot where dividing the square footage of the lot by 1,666 results in a tree density requirement that contains a fractional number, that fractional number shall be increased to the next highest number if the fractional number is 0.5 or higher.
B. 
In meeting the density requirements set forth in Subsection A above, only existing trees exceeding two inches DBH and eight feet in height, and new trees to be planted in accordance with § 253-24 may be counted to meet the density requirements, provided that:
(1) 
New trees shall either be on the City of Rehoboth Beach Approved Tree List, or planted prior to the date of adoption of this chapter. At minimum, one out of every three of the trees counting towards the density requirement for a lot must be a native canopy tree. If the lot is required to have a minimum density of less than three trees, at least one tree counting towards the density requirement must be a native canopy tree.
(2) 
A line tree shall count as one tree for each property owner in calculating tree density.
(3) 
Where one or more trees are to be planted to meet the density requirements, at least one tree, existing or planted, shall be in the front setback area. This provision shall not apply to lots abutting the Boardwalk or any lot in an ocean block south of Pennsylvania Avenue and within 150 feet of the eastern terminus of the street upon which the lot is located.
(4) 
A tree that is trimmed ornamentally or otherwise in a manner that prevents attaining its natural height, other than for the removal of decay, damage, or disease, shall not be counted to meet the density requirements.
C. 
The density requirements shall be met whether or not a lot had trees prior to the consolidation of two or more lots, the filing of an application for a building or demolition permit, house move permit, or for subdivision or site plan approval.
D. 
Notwithstanding anything else to the contrary in this section, if a lot does not meet the density requirements in Subsection A of this section, then such property owner shall not be required to meet such density requirements for such lot unless an application is filed that requires a tree plan or tree removal permit or a building permit which involves land disturbance activity of at least 1,000 square feet, provided that, in the event that an existing tree on such lot is or becomes dead or significantly diseased, thereby reducing the tree density below the density required by Subsection A of this section, it shall be removed and replaced by a tree of at least two inches caliper and eight feet high which is of a species on The City of Rehoboth Beach Approved Tree List; and provided, further, that the density requirements in Subsection A of this section shall apply upon any conveyance or transfer of such lot upon the date of adoption of this chapter.
E. 
No tree removal permit will be issued and no tree plan will be approved if it will result in a tree density less than that specified in Subsection A and B of this section.
A. 
Property owners shall maintain all trees on their lots so that they are healthy and present a neat and orderly appearance free of refuse and debris. Property owners may trim trees on their lots as necessary to promote uniform healthy growth, a clean, neat and healthy condition and to allow a tree to attain its natural size. Trees shall be trimmed to remove diseased or dying portions. Lower limbs and suckers may be selectively removed to provide clearance for pedestrians and vehicles and to comply with § 253-16A.
B. 
Severe cutting back of lateral branches and canopy or topping or hat-racking trees is expressly prohibited.
C. 
With respect to trees that are preserved or planted pursuant to a property owner's approved tree plan under § 253-24:
(1) 
The property owner shall submit to an on-site inspection of each planted or preserved tree six months after the approval of the plan, and thereafter as needed, except when trees are planted pursuant to a building permit for new construction, inspection shall be done before the certificate of occupancy is issued.
(2) 
If it is determined that said tree is dead, diseased or otherwise not in compliance with provisions of this code and the original approved tree plan, the property owner shall be provided notice and directed to correct any such deficiencies and replace said tree or all noncompliant materials within 60 days, or such longer period specified by the City Arborist taking into account planting seasons.
A. 
Tree plan required.
(1) 
City approval of a tree plan shall be required as part of every application for a:
(a) 
Tree removal permit;
(b) 
Demolition permit;
(c) 
House move permit;
(d) 
Building permit relating to any building/construction where there is land disturbance activity of 500 square feet or more;
(e) 
Subdivision or merger of land; and
(f) 
Site plan review.
(2) 
Review of such tree plan, and any approval thereof, will proceed in the same manner by the same City officials and/or entity responsible for reviewing and approving the application for building permit, tree removal permit, subdivision or site plan approval, or demolition permit.
B. 
Tree plans shall include the following information for a lot:
(1) 
Dimensions of the property;
(2) 
Location, type and DBH of all existing trees of two inches DBH or greater, and a notation of whether each such tree is to be preserved or removed;
(3) 
Location of all structures, parking areas, drives, vehicular use areas, curb cuts, retention/detention areas, other improvements and other features on the lot as may be required in the application for any item described in Subsection A(1) of this § 253-24 and a notation of what exists that shall remain or will be removed from the lot, and what is proposed for creation or installation on the lot;
(4) 
Location of existing and proposed overhead or underground power lines and other utility lines, such as but not limited to water and sewer, and adjacent streets, alleys, avenues, lanes, and other ways;
(5) 
Location, type, height, DBH, and quantity of all trees proposed to be planted, and other information as may be required for a mitigation plan described in § 253-29; and
(6) 
General notes including mulching requirements, fertilization and planting details, and such other information as needed.
C. 
The City may designate, as appropriate, one or more protected areas on any lot meeting the description in § 253-24B of this article when it is essential for the limited purpose of protecting the roots and trunk of a tree or trees during or after construction or demolition or other activity for which the application has been filed.
D. 
Tree plan review fee. A nonrefundable administrative fee of $100 to offset the cost of reviewing each plan required by this § 253-24 will be collected by the City, except when submitting an application to remove a dead or diseased tree, in which case there shall be no fee.
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:
(a) 
Four to 15 inches: $50.
(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.
A. 
Mitigation shall be required for the loss of any protected tree. Mitigation shall include the following:
(1) 
The replacement trees, either preserved, relocated or newly planted, shall be on the City of Rehoboth Beach Approved Tree List.
(2) 
The replacement trees shall be at least eight feet tall and two inches caliper.
(3) 
Each protected tree removed shall be replaced with one tree selected from the City of Rehoboth Beach Approved Tree List.
(4) 
No mitigation shall be required if there are 90 inches DBH or more of trees remaining on the lot.
(5) 
The replanting design shall provide adequate space for root and crown development.
(6) 
The property owner shall be responsible for maintenance of the mitigation trees, such responsibility to include replacement of unhealthy and dead mitigation trees. The property owner shall submit to an on-site inspection of the planted/preserved trees six months after the approval of the tree plan or tree removal permit. The property owner must also provide a signed proposal for planting or a receipt of purchase for any replacement tree. If it is determined that the planted tree is dead, diseased or otherwise not in compliance with provisions of this code and the original approved mitigation in the tree plan, the property owner shall be provided notice and directed to correct any such deficiencies and replace all noncompliant materials within 60 days or such longer period specified by the City Arborist taking into account planting seasons.
B. 
Fee in lieu of mitigation.
(1) 
Where a property is shown clearly not suitable for on-site mitigation for a replacement tree, the property owner or permit applicant shall pay a fee in lieu of mitigation in the amount of $1,200 for each replacement tree required.
(2) 
Tree preservation account. Moneys received from the property owner as a fee in lieu of mitigation will be placed in the City's tree preservation account for planting trees on public property, or as the City declares appropriate to preserve and manage trees on public and/or private property for the purpose of protecting the health, safety and welfare of citizens of Rehoboth Beach. This may include incentives for private property owners to plant and maintain trees on their property.