To better preserve its tree canopy, Henlopen Acres officials are considering new regulations that would limit what homeowners can do with canopy trees in setback areas on their own property.
The proposed changes would raise the minimum tree density required for a lot and implement a 90-day moratorium on canopy tree removal in setback zones while discussions continue.
Motivation Behind the Changes
Mayor Joni Reich introduced the proposal at the April 11th commissioners meeting, expressing concern about the number of trees being cut down for new home construction.
She acknowledged this would represent a major shift from the town’s past approach, which allowed homeowners significant freedom in this choice.
What the Draft Proposals Include
The town already has some tree-related regulations, but the draft revisions go further.
They would involve:
- Fines for any violations
- Requirements for certified arborists to perform tree work
- Guidelines on tree size and species for new plantings
Reich said the intent is to make tree planning an early part of construction rather than an afterthought.
Mixed Views from Commissioners
Commissioner John Staffier, typically opposed to restrictions on private property, said he now sees the need for some limits.
He emphasized that the proposed rules would only apply to property owners making changes.
Commissioner Tiffany Derrickson strongly supported the changes, saying the town needs to act to prevent clear-cutting by new residents.
Commissioner Jeff Jacobs, who also chairs the tree committee, expressed interest in hearing resident feedback.
Enforcement and Public Input
Town Manager Anna Fagan noted that enforcing these stricter rules would likely require hiring another staff member.
Reich agreed, stating Fagan needs to stay focused on overall town management.
Two public hearings are planned:
- Monday, May 5th for the moratorium on tree removal. Town Solicitor Glenn Mandalas stated that despite the moratorium not yet being formally enacted, the town is safeguarded from property owners rushing to take advantage of existing regulations, due to the protections offered by the pending ordinance doctrine.
- Friday, May 23rd for the broader proposed changes, to be held at Henlopen Acres Beach Club to accommodate a larger crowd if turnout is larger than usual.
Comprehensive Plan Update
Commissioners approved the final draft of the town’s 2024 comprehensive plan.
The document will now go to the Delaware Office of State Planning Coordination for review before heading to the governor for final approval.
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Source: Cape Gazette