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Lewes planners approve minimum tree planting requirement

Group tells subcommittee to rework tree protection ordinance
August 22, 2023

The Lewes Planning Commission voted 5-2 to approve an ordinance that requires a minimum number of trees be planted on a parcel during new construction.

But planners told the tree ordinance subcommittee to keep working on details of another ordinance designed to save and protect trees during construction.

Commissioner Debra Evalds, who is also chair of the subcommittee, presented both drafts to the planning commission at its Aug. 16 meeting. 

Evalds planted the seed for the tree ordinances about 18 months ago and has been a driving force to get them before commissioners.

“We did a tremendous amount of big-picture work,” she said.

“There’s so much research and work that’s been done that would be so beneficial to the community as a teachable moment, as educational material,” said Commissioner Jackie Mette.

The tree requirement approved by the commission calls for one tree per every 2,500 square feet of land. It would only apply to new construction, not existing lots.

Evalds said both the tree requirement and the protection guidelines would be optional for individual lots and minor subdivisions. But, she said, they would be mandatory for developers of major subdivisions. They could be fined if the guidelines are not followed. 

“I worry about a lot of things in this,” said Commissioner Bill Davis, who voted against the tree requirement. “You define a parcel as 2,500 square feet of land area. If they go under that 2,500, this doesn’t apply at all.”

Commissioners added a provision that would allow owners or developers to pay a fee in lieu of planting a tree. Evalds voted against the ordinance because of that addition.

The guidelines the tree subcommittee continues to draft will focus on protecting the dripline, the area encircling the base of a tree. As written now, the measure would prohibit disturbing the roots and soil within the dripline and ban vehicles, construction equipment, building materials and storage in those areas, anything that could ultimately kill the tree.

“This doesn’t require trees be left in every circumstance. It lays out the guidelines to protect the trees,” said Evalds.

“My concern is you put something like this in effect that’s optional ... now you have people decide they don’t want to save trees they would save because of the added work [and expense] that’s involved,” said Davis.

Evalds said the scope of what mayor and city council asked her subcommittee to do was limited, initially asking them only to find a way to protect trees during construction.

“Not every tree needs to be saved, but we have trees in this town that are being torn down every day, and this does nothing to protect those [heritage] trees,” said Evalds.

In other business, the commission scheduled a public hearing on the site plan for a new motel at 209 E. Savannah Road, called the Beach House of Lewes. The hearing will be held at 6 p.m., Wednesday, Oct. 18, at the Rollins Center.

A link to the meeting can be found at lewes.civicweb.net.

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