Current through Register Vol. 27, No. 12, June 1, 2024
Section 3.7 - LANDSCAPINGLandscaping is an important aspect of the roadside. Street trees can be added within the right-of-way of a subdivision street under the following conditions:
A. Additional right of way widths are provided for subdivision streets Types II and III as shown on Figure 3.7-a.B. Subdivision streets designed using Integral PCC Curb and Gutter Type 3 shall provide a minimum offset of five feet from the back of the curb and edge of sidewalk/path to the center of the tree trunk. Approval from DelDOT is required for use of PCC Integral Curb and Gutter Type 3 on Type II subdivision streets.C. Subdivision streets designed using Integral PCC Curb and Gutter Type 2 shall provide a minimum offset of eight feet from the back of the curb and a minimum offset of five feet from edge of sidewalk/path to the center of the tree trunk.D. A note, (in accordance with DelDOT's current notes which are available online at http://devcoord.deldot.gov > Quick Links > DelDOT Notes), is added on the record plan stating that DelDOT will not maintain trees.E. A landscaping plan must be submitted for DelDOT review and approval, and the following guidelines must be followed, noted and/or included on the landscape plan:1. The species of trees to be added within the right-of-way of a subdivision street must be listed in detail and must be confirmed as having been determined to be non-invasive and must not be listed in the Delaware Department of Agriculture's Invasive Species List. Any trees planted are to be installed in accordance with applicable current standards that may be in place at the time of installation, such as: International Society of Arboriculture (ISA) or American National Standards Institute (ANSI).2. Trees planted within ten feet (10') of a sidewalk or other pedestrian facility must be grown with a structured canopy limbed to a seven foot (7') minimum clearance at time of installation. Annual street tree maintenance must include structural pruning of the canopy until a maximum height clearance of ten feet (10') has been acquired and maintained.3. A Certified Tree Inventory and a Maintenance Plan for any trees planted in the right of way must be submitted to the Homeowners Association prior to acceptance of the subdivision by the Department.4. The Certified Tree Inventory should be completed by an ISA-certified arborist, and must identify the community's public trees (trees in open spaces, along streets, entranceways, greenways, parks, etc.).5. The Tree Management Plan should be developed by an ISA-certified arborist and must detail tree maintenance scheduling and timing; tree replacement schedule; pruning and tree maintenance practices using best management practices and ANSI standards.6. The Maintenance Organization or Home Owners' Association are responsible for maintenance of any trees planted in the state right of way within a subdivision, to include pruning, pest control and any necessary hazard remediation to include complete removal as required for safety of the adjoining properties and users of the subdivision streets.7. Trees planted in containers must receive consistent and frequent attention to maintain a healthy vigor. Feeding, watering and winterization are of particular importance.F. Placement of landscaping shall not impact sight distance or sidewalk stability. Figure 3.7-a Street Trees
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3.7.1Landscaping - Median IslandsMedian islands within a subdivision may also be landscaped, provided the following criteria are met:
A. If street trees are proposed, the islands must have PCC Curb, Type 1-8. There is a minimum offset of five feet from the back of the curb to the center of the trunk of the tree.B. If no street trees are being proposed, PCC Curb, Type 2 may be used.C. A note, (in accordance with DelDOT's current notes which are available online at http://devcoord.deldot.gov > Quick Links > DelDOT Notes), is added to the record plan stating that DelDOT will not maintain landscaping or trees.D. Placement of landscaping shall not impact sight distance.E. Maintenance Agreement will be established for the landscaping in the median.3.7.2Landscaping - Reforestation Regulations and OrdinancesThe requirements established by these regulations, including but not limited to the right-of-way dedication/reservation, permanent easements, shared use paths, auxiliary lanes at the entrance, sight triangles, and drainage features, shall be incorporated into the Record Plan prior to any evaluation of tree impacts as required by the local land use agency and other guidelines such as those found in Appendix A of DelDOT's Road Design Manual.
13 DE Reg. 1101 (02/01/10)
15 DE Reg. 551 (10/01/11)
16 DE Reg. 1199 (5/1/2013)
18 DE Reg. 240 (9/1/2014)
18 DE Reg. 709 (3/1/2015)
19 DE Reg. 938 (4/1/2016)
22 DE Reg. 954 (5/1/2019) (Final)