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SUMMER VILLAGE OF BIRCHCLIFF
BYLAW NO. 175-14
TREE BYLAW
A BYLAW OF THE SUMMER VILLAGE OF BIRCHCLIFF
IN THE PROVINCE OF ALBERTA
FOR THE PRESERVATION OF TREES ON PRIVATE LAND
WHEREAS Section 7 of the Municipal Government Act, R.S.A. 2000, Chapter M-26, as
amended, provides that a Council may pass a bylaw for the safety, health and welfare of
people and the protection of people and property;
AND WHEREAS Section 8 of the Municipal Government Act, R.S.A. 2000, Chapter M-
26, as amended, provides that a Council may pass a bylaw to prohibit any development,
activity, industry, business or thing, until a license, permit or approval has been granted;
AND WHEREAS Summer Village of Birchcliff Council has determined that the
substantial pruning or removal of trees on privately owned land should be regulated for
the safety, health and welfare of people and the protection of people and property;
AND WHEREAS Summer Village of Birchcliff Council has deemed it appropriate to pass
a bylaw dealing with the preservation of trees on privately owned land;
AND WHEREAS population growth in watershed, trees and shrubs are critical to filtering
nutrients from ground water prior to release into lake;
NOW THEREFORE, the Council of the Summer Village of Birchcliff, duly assembled,
enacts as follows:
1.
Title
a) This bylaw may be cited as the "Private Tree Preservation Bylaw".
2.
Definitions
In this bylaw:
a)
"arborist" means a person with a diploma or degree involving
arboriculture from an accredited college or university, a Registered
Professional Forester, or an accredited Certified Arborist under the
International Society of Arboriculture;
b)
"application" means the form attached to this bylaw as Schedule "A";
c)
"CAO" means the person appointed by Council as Chief Administrative
Officer pursuant to the Municipal Government Act;
d)
"Council" means the Council of the Summer Village of Birchcliff;
e)
"dead, decaying or pose a safety hazard" means trees that have one
or more of the following characteristics:
i.
Dry and lifeless wood that breaks easily;
ii.
Deep splits through the bark;
iii.
Lack of leaves on the braches during summer months;
iv.
Weak branch unions resulting in branches that are not securely
attached to the main stem or trunk of a tree;
v.
Signs of rot or decay such as fungi, or soft or crumbly wood; or
vi.
Uneven growth patterns indicated by lopsided or leans in the
main stem or trunk of a tree;
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f)
"emergency" means a situation where there is imminent danger to
public safety or property;
g)
"Enforcement Officer" means a Bylaw Enforcement Officer or
Community Peace Officer appointed by the Summer Village to enforce
the terms of this bylaw;
h)
"Municipal Government Act" means the Municipal Government Act,
R.S.A. 2000, c. M-26;
i)
"permit" means a permit issued pursuant to this bylaw;
j)
"person" means any individual, corporation or society;
k)
"Provincial Offences Procedure Act" means the Provincial Offences
Procedure Act, R.S.A. 2000, c. P-34;
l)
"remove" or "removal" means to kill, destroy, or remove a tree by any
means, including, but not limited to, tree topping, knocking down or
cutting into a tree;
m)
"spiral pruning" means the thinning of a tree canopy by the selective
removal of entire tree limbs or branches;
n)
"substantially prune" or "substantial pruning" means tree topping
or pruning more than one-third of the total branches of a tree in one
season;
o)
"Summer Village" means the Summer Village of Birchcliff;
p)
"tree" means any perennial plant, including large shrubs, having woody
main stems or trunks, often growing to a considerable height and
includes any plant designated as a tree by the CAO or Development
Officer, in his sole discretion;
q)
"tree topping" means the pruning of the limbs or branches of a tree's
crown to such a degree that the normal canopy and structure of the tree
are impacted;
r)
"violation tag" means a tag or similar document issued by the Summer
Village pursuant to the Municipal Government Act for the purpose of
notifying a person that an offence has been committed and for which a
prosecution may follow; and
s)
"violation ticket" means a summons issued pursuant to Part II of the
Provincial Offences Procedure Act.
3.
General
a)
This bylaw applies to trees on land owned by a person other than the
Summer Village.
b)
The CAO or Development Officer and an Enforcement Officer are
designated officers for the purposes of enforcing this bylaw.
c)
A person is responsible for maintaining and preserving trees in the
Summer Village in accordance with the requirements of this bylaw and
any permit.
d)
Spiral pruning is the preferred method of pruning trees to enhance the
views of Sylvan Lake.
4.
Permit Required
a)
No person shall substantially prune or remove a tree without a valid
permit from the Summer Village.
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b)
The issuance of a permit shall be at the discretion of the CAO or
Development Officer.
c)
The CAO or Development Officer may impose terms and conditions on
such permits.
d)
The CAO or Development Officer or an Enforcement Officer may
inspect all work performed on trees under the terms of this bylaw.
5.
Permit Application
a)
Every application for a permit shall be submitted to the CAO or
Development Officer and shall include:
i.
An application detailing the location, number, size and species of
trees affected by the proposed work;
ii.
A plan showing the existing trees and identifying the trees to be
substantially pruned or removed;
iii.
A statement describing why the trees require substantial pruning
or removal;
iv.
A statement by an arborist recommending measures to be taken
to ensure the health and protection of the trees adjacent to those
to be substantially pruned or removed; and
b)
Any other information that the CAO or Development Officer may
request in order to determine the implications of the proposed
substantial pruning or removal of trees on the water quality of Sylvan
Lake, the environment, aesthetics of the lakeshore or any other relevant
consideration.
c)
The Summer Village is authorized to charge a fee for the processing of
an application for a permit in accordance with the Fees Bylaw.
6.
No Permit Required
a)
Despite Section 4(a) of this bylaw, no permit is required for the
removal or substantial pruning of a tree, where:
i.
There is an emergency, to the extent necessary to eliminate an
immediate danger;
ii.
The tree is dead, decaying, or poses a safety hazard;
iii.
A development permit has been approved, which development
permit authorizes the removal of trees, to the extent approved by
the development permit;
iv.
The work is authorized pursuant to the Public Works Act, R.S.A.
2000, c. P-46; or
b)
Despite Section 6(a), a person shall advise the Summer Village in
writing as soon as possible of any trees removed or substantially
pruned without a permit.
7.
Orders
a)
The CAO or Development Officer or designate may issue a written
direction requiring a person to remove or substantially prune a tree
that is dead, decaying, or poses a safety hazard.
b)
Where the CAO or Development Officer or an Enforcement Officer
finds that a person is contravening this bylaw, he may issue a written
order pursuant to Section 545 of the Municipal Government Act.
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8.
Offences
a)
It is an offence to contravene any:
i.
Provision of this bylaw; or
ii.
Term or condition of a permit.
9.
Enforcement
a)
Any person who contravenes any provision of this bylaw or any term or
condition of the permit is guilty of an offence and is liable, upon
summary conviction, to a penalty as set out in the Fees Bylaw.
b)
The registered owner of any property shall be responsible for all
activities on that property and for ensuring that the property is not used
in contravention of this bylaw.
c)
An Enforcement Officer is hereby authorized and empowered to issue
a violation tag to any Person whom the Enforcement Officer has
reasonable grounds to believe has contravened any provision of this
bylaw.
d)
A violation tag shall be served:
i.
Upon the person personally, or by leaving it with a person on the
premises who has the appearance of being at least eighteen (18)
years of age; or
ii.
In the case of a corporation or partnership, by serving the
violation tag personally upon the Manager, Corporate Secretary
or other Officer, or a person apparently in charge of a branch
office; or
iii.
By mailing a copy to the person by registered mail to the address
shown on the Summer Village's assessment roll.
e)
A violation tag shall be in a form approved by the CAO or
Development Officer, and shall state:
i.
The name of the person to whom the violation tag is issued;
ii.
A description of where the offence has been committed;
iii.
A description of the offence and the applicable bylaw section;
iv.
The appropriate penalty for the offence as specified in the Fees
Bylaw;
v.
That the penalty must be paid within fourteen (14) days of the
issuance of the violation tag in order to avoid prosecution; and
vi.
Any other information as may be required by the CAO or
Development Officer.
f)
Where a violation tag has been issued, the person to whom the
violation tag has been issued may, in lieu of being prosecuted for the
offence, pay to the Summer Village the penalty specified on the
violation tag.
g)
In the event that a violation tag has been issued and the penalty
specified on the violation tag has not been paid within the prescribed
time, an Enforcement Officer is hereby authorized and empowered to
issue a violation ticket pursuant to Part II of the Provincial Offences
Procedure Act to the person to whom the violation tag was issued.
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h)
Notwithstanding the ability of an Enforcement Officer to issue a
violation tag, an Enforcement Officer is hereby authorized and
empowered to immediately issue a violation ticket to any person
whom the Enforcement Officer has reasonable grounds to believe has
contravened any provision of this bylaw.
i)
A violation ticket issued with respect to a violation of this bylaw may
be served upon the person responsible for the contravention in
accordance with the Provincial Offences Procedure Act.
j)
The person to whom the violation ticket has been issued may plead
guilty by making a voluntary payment in respect of the summons by
delivering to the Provincial Court, on or before the initial appearance
date, the violation ticket together with an amount equal to the specified
penalty for the offence as provided by this bylaw.
k)
Where a Clerk of the Court records in the court records the receipt of a
voluntary payment pursuant to this bylaw and the Provincial Offences
Procedure Act, the act of recording constitutes acceptance of the guilty
plea and also constitutes a conviction and imposition of a fine in the
amount of the specified penalty.
10.
Severability
a)
All provisions in this bylaw are independent of all other provisions. If any
provision in this bylaw are declared invalid for any reason by a Court of
competent jurisdiction, all other provisions of this bylaw shall remain
valid and enforceable.
11.
Enactment
a)
This bylaw shall come into force and take effect on the date of final
passing.
READ A FIRST TIME this 10th day of September, 2014.
______________________________
Mayor
______________________________
Chief Administrative Officer
READ A SECOND TIME this 20th day of November, 2014.
READ A THIRD AND FINAL TIME this 20th day of November, 2014.
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______________________________
Mayor
______________________________
Chief Administrative Officer
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Schedule "A"
Application Form
Private Tree Work Application
Please complete the form below and submit it to the Summer Villages of Sylvan Lake
Administration Office located at:
Bay 8, 14 Thevenaz Industrial Trail
Sylvan Lake AB T4S 2J5
Applicant: ______________________________________________________________
Address: ______________________________________________________________
Town/City: _________________________________________ Postal Code: _________
Phone (home): _____________________ Phone (work): ________________________
Registered landowner (if different from applicant):
____________________________________
Registered landowners mailing address (if different from applicant):
______________________________________________________________________
______________________________________________________________________
Legal land description: Lot ____ Block ____ Plan __________
Tree work requested (please check all that apply):
Substantially prune _____
Remove _____
Quantity and species of each tree requested for tree work:
Alternative modifications to the trees considered prior to proposed tree work:
For removals, please provide a total dollar value of the tree(s) proposed to be removed
based on the Council of Tree & Landscape Appraisers Guide for Plant Appraisal, most
current edition:
____________________________________________________________
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The following information is required to be submitted with this completed Private Tree
Work Application:
-
A plan showing the existing tree(s) and identifying the tree(s) to be substantially
pruned or removed;
-
A statement as to why the trees are proposed to be substantially pruned or
removed; and
-
A statement by an arborist or another qualified professional recommending
measures to be taken to ensure the integrity of the trees adjacent to those
proposed to be substantially pruned or removed are not compromised.
Please note that the Chief Administrative Officer may require, at his/her sole discretion,
a statement from an arborist or another qualified professional that assesses the
implications of the proposed substantially pruning or removal of tree will have on Sylvan
Lake water quality, habitat, and aesthetics.
Please note that the information is collected under the authority of the Municipal
Government Act, R.S.A. 2000, c. M-26, and in accordance with the Freedom of
Information and Protection of Privacy Act, R.S.A. 2000, c. F-24, as amended (the "FOIP
Act"). Information contained in your application may be used to administer and enforce
the Summer Village's Tree Preservation Bylaw. If you have any questions about the
collection and use of this information, please contact the Chief Administrative Officer of
the Summer Village of Birchcliff at (403)887-2822.