Henlopen Acres looking at stricter tree standards

Looking to further preserve its tree canopy, Henlopen Acres officials are considering changes to town code that would establish restrictions on the removal and maintenance of canopy trees in the setback areas on private property. Additionally, commissioners are considering an increase to the minimum tree density for a lot, imposing a 90-day moratorium on the removal of canopy trees in setback areas on private property while commissioners mull the issue.

Mayor Joni Reich introduced the topic during a commissioner meeting April 11. She said the issue is being brought forward because of all the trees being cut down to make way for a number of new houses.

Past practices have given homeowners the autonomy to do what they wanted on their property, but this would really change that, said Reich. This would be a big change, she said.

The town already has some restrictions on trees related to minimum tree density, species of trees allowed to be planted, and rights of way. Commissioners and staff reviewed a draft of the proposals during the meeting. No formal decisions were made, but there was discussion on fines, requiring a certified arborist to perform work, how big new trees should be when planted, the species of trees being planted and more.

This is moving the tree process to the front of the building process, not the end, said Reich. How far does the town go with this and how many steps does the town want to layer onto this? she said.

Commissioner John Staffier said he has long been an opponent of telling people what to do on private property. However, he said, he’s reluctantly come to the conclusion the town has to step in and do something.

This would be limited, said Staffier. Setback areas are already subject to town regulations in some respect, he said.

Staffier said he wouldn’t be in favor of imposing any new restrictions on property owners who aren’t making any changes.

Commissioner Jeff Jacobs, who also chairs the town's tree committee, said he will be interested to hear what residents think about the proposed changes.

Commissioner Tiffany Derrickson said it would be a failure of the town to not implement changes. People are moving here because they know they can clear-cut, she said.

Some of the proposed code prepared by Town Manager Anna Fagan included wording used by Rehoboth Beach for its tree code that limits tree removal on private property. An issue to consider, she said, is that strict enforcement of these changes likely means the need for another employee.

Reich agreed there would be a need for a new employee. Fagan needs to be able to focus on running the town, she said.

A public hearing on the matter has been tentatively set for Friday, May 23, in the Henlopen Acres Beach Club to accommodate a potentially large crowd.

Commissioners and staff discussed the implications of enforcing a 90-day moratorium on the removal of canopy trees from setbacks on private property. Ultimately, they voted in favor of the moratorium.

A second public hearing on the moratorium has been tentatively set for Monday, May 5. Town Solicitor Glenn Mandalas said that even though the moratorium hasn’t been voted into place officially, the town would be protected from a property owner attempting to do anything quickly under the existing code because of the pending ordinance doctrine.

In other town news, the commissioners formally approved a final draft of the town’s 2024 comprehensive plan. The next step for the town is for the plan to be submitted to the state’s Office of State Planning Coordination for review. Following the review, which is expected to come back with comments on areas of improvement, the town will make any changes needed and then submit it for approval from the governor.

Copies of the plan are available at henlopenacres.delaware.gov or at town hall, 104 Tidewaters.