Dewey tree ordinance survives pruning attempt

A move to waive a requirement that property owners replace felled trees in certain cases met the ax in Dewey Beach, where commissioners tabled a draft ordinance that would have provided that authority during the permit approval process.

In February 2023, commissioners voted unanimously to clarify the existing tree ordinance with requirements for replacing removed trees and to increase penalties for the illegal removal of trees. 

Every tree removed or destroyed by permit must be replaced with a tree listed on the Delaware Department of Agriculture list of recommended trees, have a minimum circumference of 15 inches measured 1 foot above ground, and have a minimum height of 12 feet when planted. Replacement must occur within 90 days, which may be extended by the building official.

Town Manager Bill Zolper said property owners submit landscaping plans with their building plans that show what trees they want to remove and where they will be replaced within the setbacks.

One property owner who had to replace six trees planted trees that will eventually expand onto the neighbor’s yard and against the property owner’s house, said Zolper, who suggested the town manager and building official could be granted the option to waive the requirement in some cases.

The requirement could be waived if it significantly and negatively impacts a neighboring property or creates a hazard to a dwelling on the property, the draft ordinance stated, and after considerations of the available space and tree circumference, a replacement tree could be placed in an alternate location. 

For instance, Zolper said, if a property owner must remove five trees and has room for just four, they would be required to plant a tree in another location in town.

Mayor Bill Stevens said he didn’t like the subjectivity of a waiver process, but didn’t want to create a formula either. Town hall shouldn’t be put in a precarious position because it wants to be accommodating, he said. 

The town has a historical problem in that people who are noisy get their way, said Commissioner David Jasinski. At any time during construction, property owners must comply with multiple rules, and if they decide to build to the maximum footprint allowed, choices must be made such as whether a pool can fit, he said.

Trees are another thing that needs to be factored into the decision, Jasinski said. The ordinance is fairly new, he said, and the board of adjustment can hear specific cases if requested to determine whether an undue hardship exists. 

Commissioner Gary Persinger said he had issues with the draft ordinance. The town shouldn’t have to pay for a property owner to consult with an arborist, he said, and there are many tree varieties to choose from.

“If you pick the wrong tree and it happens to grow too tall and threatens your house, and maybe your neighbor’s house, that’s your fault,” Persinger said. “That’s not the town’s fault.”

If a good case can be made that space is too limited for the number of trees required, he said the homeowner can be presented with options such as providing more green space or shrubs. The board of adjustment doesn’t have the same skill set as an arborist, he noted.

When Jasinski asked whether any property owner said the requirement makes it unable to build, Zolper said the town had multiple discussions with one property owner, to whom he told they must plant the required number of trees. Neighbors are complaining that the 12-foot trees will expand over their fence, he said.

Residents are able to trim branches that cross over onto their yards from a neighboring property’s tree to the property line, Jasinski said. The ordinance doesn’t need to be watered down right now, he said. See how the ordinance works and if it becomes a repetitive problem it can be addressed, he said, but in the meantime, the board of adjustment can resolve issues that arise.