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Bylaw No. 1831-2009
## Tree Protection Bylaw, 2010
Consolidated and printed by authority of the
Corporate Officer
under section 139 of the *Community Charter*. Includes amendment bylaws
2583-2016, 2613-2016,
3063-2020, and 3150-2021
.
Last amended
August
30,
2021
| *Contents* | | |
| --- | --- | --- |
| | | 1 Citation |
| | | 2 Interpretation |
| | | 3 Application |
| | | 4 Restrictions |
| | | 5 Exemptions from requirement for permit |
| | | 6 Permit requirements |
| | | 7 Security deposit |
| | | 8 Replacement trees |
| | | 9 Permit issuance and conditions |
| | | 10 Tree cutting regulations |
| | | 11 Entry and inspection |
| | | 12 Contravention and remedy |
| | | 13 Reconsideration |
| | | 14 Offence and penalty |
| | | 15 Schedules |
| | | 16 Repeal |
| Schedule "A" | | |
| Schedule "B" | | |
| Schedule "C" | | |
| Schedule "D" | | |
The Council of the City of Abbotsford in open meeting assembled,
ENACTS AS FOLLOWS:
#### Citation
**1**
Bylaw No. 1831-2009 may be cited as "Tree Protection Bylaw, 2010".
#### Interpretation
**2**
(1) Schedule "A" contains definitions of terms used in this Bylaw and where
not defined are interpreted consistently with the *Community Charter* and the *Local Government Act*.
(2) In this Bylaw, words in the singular include the plural and gender
specific terms include both genders and include corporations. A reference to
another enactment in this Bylaw refers to the enactment as it may be amended or
replaced from time to time.
(3) The headings in this Bylaw are for convenience only and must not be
construed as defining or in any way limiting the scope or intent of the
provisions of this Bylaw.
(4) If any portion of this Bylaw is for any reason held to be invalid by any
court of competent jurisdiction, the invalid portion is severed and the
severance does not affect the validity of the remainder.
#### Application
**3**
(1) This Bylaw applies in relation to all land within the City except
where:
(a) the land is owned by the Crown in right of Canada or is being used for
a purpose of the federal government;
(b) the land is owned by the Crown in right of British Columbia and is
being used by or on behalf of the government;
(c) the land is currently designated and managed under the *Private Managed Forest Land Act*;
(d) a licence, tenure or approval has been granted under the *Forest Act* with respect to uses of the land, for as long as the licence, tenure or approval remains
current and valid;
(e) the land is currently designated as agricultural land reserve as
defined under the *Agricultural Land Commission Act*; or
(f) the land or the use of land is, under a federal, provincial or local
government enactment, not subject to this Bylaw.
(2) Nothing in this Bylaw precludes or relieves a person from complying with
the provisions of the *Migratory Birds Convention Act*, 1994 (Canada), the *Species at Risk Act* (Canada), the *Wildlife Act*, any regulations thereto, and any other federal, provincial or local government
enactments that may apply to the protection or removal of trees.
#### Restrictions
**4**
(1) **Cutting.** A person must not cut any tree, or cause,
suffer or allow any tree to be cut, except in accordance with this Bylaw
and:
(a) a tree cutting permit issued under this Bylaw;
(b) a development permit that expressly deals with the cutting or removal
of trees from a property;
(c) as directed by the General Manager in writing; or
(d) as directed by Council pursuant to a request for
reconsideration.
(2) **Permit.** Where required under this Bylaw, a person
must apply for and obtain a tree cutting permit prior to cutting a tree, or
prior to causing, suffering or allowing a tree to be cut. An owner of property
to which the permit relates, and any person who carries out work pursuant to a
tree cutting permit, if different from the permit holder, must comply with the
terms, conditions and requirements of the permit and this Bylaw and any notices
or directions made under this Bylaw.
(3) **Damage.** Unless exempted under Section 5 or proceeding in accordance with a tree cutting permit, notice or directive under this Bylaw, a person must not damage any tree, or cause,
suffer or allow the damaging of a tree by any means including, without
limitation, by doing any of the following:
(a) cutting, damaging or undermining the roots of a tree within the drip
line;
(b) cutting a tree's structural or anchoring roots in any
place;
(c) placing or depositing on land within the drip line of a tree any fill,
building materials, asphalt, concrete, washout or other liquid, solid or
chemical substances that are harmful, or likely to cause harm, to a
tree;
(d) operating a truck, backhoe, excavator or other heavy equipment over
the roots of a tree inside the drip line;
(e) removing soil from land inside the drip line in such a quantity as to
damage the health of the tree;
(f) blasting, whether inside or outside of the drip line, so as to damage
roots or disturb soil inside the drip line;
(g) applying chemicals, toxic materials or other substances to a tree, or
any part of a tree, that are harmful or hazardous to the tree or any part of
it;
(h) denting, gouging or damaging the trunk of a tree;
(i) removing bark from a tree; and
(j) constructing or placing a building or other structure on land inside
the drip line.
(4) **Pruning.** A person must not prune the branches or
roots of a significant tree or any tree within a tree retention area without
first obtaining a tree cutting permit.
#### Exemptions from requirement for permit
**5**
(1) A tree cutting permit is not required:
(a) where cutting must be carried out on an emergency basis and all of the
following apply:
(i) the tree is a hazard tree or has been severely damaged by natural
causes;
(ii) emergency cutting is necessary because the tree poses an imminent
danger of falling and injuring persons or property; and
(iii) the owner of the property on which the tree is located has
reported the action to the General Manager by the end of the next
business day after the cutting, providing written reasons showing how
the tree was a hazard or was damaged and how it posed an imminent danger
to persons or property.
(b) subject to Section 4 (4), for the pruning of a hedge or trees;
(c) to allow for the installation of roads or municipal services shown on an engineering drawing that has been approved by the General Manager of
Engineering for the City, as well as by the General Manager;
(d) by a public utility, in relation to a tree located on land owned or
held by the public utility and cut for the purpose of safety, or maintenance
or operation of the utility's service or infrastructure;
(e) by the City or at the direction of the City, for the purpose of
removing obstructions from within the protected flightways of Abbotsford
International Airport;
(f) by the City or at the direction of the City, in relation to a tree
located on land owned by or in the possession of the City;
(g) on land within a farming area, where the tree cutting is part of a
designated farm use described in Section 2 (2) of the Agricultural Land Commission Act Regulation, unless that use is prohibited by a bylaw of the City or other enactment;
or
(h) by a British Columbia land surveyor for the purpose of cutting survey
lines of a width less than two (2) metres where the trees cut are less than
20 centimetres DBH.
(2) Despite Section 4 (4), a tree cutting permit is not required if a Certified Arborist is employed to prune the branches of a significant tree or a tree within a tree
retention area and the owner of the property on which the tree is located
provides notice in writing to the General Manager at least 30 days in advance of
the proposed pruning, with details of the proposed pruning and the name of the
Certified Arborist engaged to conduct the work.
#### Permit requirements
**6**
(1) An application for a tree cutting permit must be in writing on a form
prescribed by the General Manager and submitted to the General Manager with the
following information:
(a) a statement explaining the reasons for the proposed
cutting;
(b) the civic address and legal description of the subject
parcel;
(c) if the applicant is not the owner of the parcel, the consent in
writing of the registered owner authorizing the applicant to act as the
owner's agent;
(d) consent of the owner of the adjacent property if any part of the base
of the tree to be cut is located on the adjacent property;
(e) a site plan drawn to an appropriate scale showing:
(i) the boundaries of the subject parcel;
(ii) any abutting streets, sidewalks, lanes and public rights of
way;
(iii) the location of existing and proposed buildings, driveways and
structures;
(iv) any and all streams within or near the subject parcel;
(v) the location, species, DBH and extent of drip line:
(A) of the trees proposed to be cut\*;
(B) of the trees proposed to be retained\*;
(vi) the location, species and DBH of the proposed replacement
trees\*;
(vii) any other relevant site feature or information;
\*trees of a single species growing in clusters may be shown in outline
as a mass
(f) where applicable, a description of the measures proposed to protect
the retained trees, including use of a tree protection barrier of the type
shown in Schedule "B";
(g) a description of the methods proposed to control potential drainage,
erosion and impacts on property related to the proposed action;
(h) a description of the methods proposed to dispose of wood waste and
other debris resulting from or relating to the proposed action;
(i) intended completion dates for the proposed action;
(j) where cutting would occur on a slope of land steeper than 30 percent,
a report from a geotechnical engineer addressing the risk of landslip,
flooding, slope failure, erosion, as may be relevant; specifying conditions
under which the proposed action may take place safely and prudently, noting
the appropriate extent, timing and phasing of the proposed tree cutting and
certifying that, if carried out in accordance with the report, the proposed
action:
(i) will not destabilize the slope or cause flooding, landslip or
erosion;
(ii) will protect adjacent properties from adverse impacts;
and
(iii) will minimize risk to personal safety or property;
(k) payment of a non-refundable tree cutting permit fee in the amount
established in Schedule "E" to the City's *Fees and Charges Bylaw, 2006*.
(2) If required by the General Manager, the applicant must provide the
following additional information:
(a) if the General Manager considers that the proposed cutting could
result in:
(i) slope destabilization or landslip, flooding or erosion;
(ii) adverse impacts on retained trees or adjacent
properties;
(iii) risk of personal injury or damage to property; or
(iv) detrimental effects on watercourses, fish or wildlife habitat, or
other important environmental features or functions,
a report by a suitable qualified professional addressing those risks
and certifying that, if carried out in accordance with recommendations in
the report, the risks may be minimized;
(b) a report prepared by a Certified Arborist or Certified Tree Risk
Assessor certifying that no other arboricultural practices are available as
an alternative to the proposed cutting;
(c) a survey plan prepared by a British Columbia land surveyor showing the
boundaries of any tree retention area or adjacent streamside protection and
enhancement areas identified under the City's *Streamside Protection Bylaw, 2005*, as amended or replaced from
time-to-time;
(d) preliminary lot grading and servicing plans; and/or
(e) other information that the General Manager determines is necessary to
adequately describe the nature and extent of the proposed tree
cutting.
(3) A person applying for a tree cutting permit to prune a significant tree or
a tree located within a tree retention area must include a report by a Certified
Arborist certifying that the proposed pruning is necessary.
(4) A permit holder or owner must display the permit in an accessible and
conspicuous location on the property to which it pertains for not less than 72
hours prior to the cutting and must ensure that it remains there until all of
the cutting on that property has been completed.
(5) All information required to be included with an application must be
provided at the sole expense of the applicant.
(6) The General Manager may retain the services of an independent Certified
Arborist to review any report prepared by a Certified Arborist and submitted
with an application. Where a report submitted by the applicant is found to be
incomplete or inaccurate, the costs incurred by the City in obtaining the
independent report must be paid by the applicant to the City as a condition of
obtaining the tree cutting permit.
(7) A tree cutting permit is not transferable to another person or in respect
of property other than that property identified in the permit.
(8) A tree cutting permit is valid for a period of 12 months from the date it
is issued, unless otherwise specified in the tree cutting permit.
#### Security deposit
**7**
(1) For the purposes of this Section, "site restoration"
includes, in addition to restoration of the property to which a tree cutting
permit applies, the restoration of any property of the City that may potentially
be damaged or lost by tree cutting or related activities.
(2) An applicant for a tree cutting permit who is required to provide site
restoration works or replacement trees must provide the City with a security
deposit to ensure full and proper compliance with the tree cutting permit and
this Bylaw.
(3) The security deposit must be in the form of cash or an irrevocable letter
of credit in a form acceptable to the General Manager and in an amount equal to
100 percent of the value of all of the replacement trees and site restoration
works required, as estimated by a qualified professional.
(4) Where security has been deposited pursuant to this Bylaw, 80 percent of
the amount of that security will be refunded to the applicant following
inspection by the City and the General Manager being satisfied that the planting
of replacement trees or site restoration meets the requirements. The City may
hold 20 percent of the amount of the security for a period of 12 months
following the date of the final and satisfactory planting or restoration. On the
General Manager being satisfied that the replacement trees are healthy and have
been maintained adequately over that period, or that the site restoration is
intact and functioning properly, the 20 percent holdback will be refunded to the
applicant.
(5) **Remediation and Cost Recovery.** If the permit holder
fails to comply with the terms and conditions of the tree cutting permit, the
City or its agents or servants may enter onto the property and perform such work
as is necessary to fulfill the requirements and conditions, and may draw upon
and use all or a portion of the security deposit to cover the costs of the work.
Any further costs incurred by the City for its work shall be the sole
responsibility of the property owner and if not fully paid by December 31st of
the year in which the costs were incurred, may be recovered by the City in the
same manner and with the same remedies as for property taxes.
#### Replacement trees
**8**
(1) As a condition of obtaining a tree cutting permit under this Bylaw, other
than for pruning pursuant to a tree cutting permit, the permit holder must plant
and maintain on each parcel from which a tree is cut or damaged, replacement
trees in number specified in Section 8 (2) and of the species, size and condition described in Schedule "C".
(2) The number of replacement trees to be planted and maintained by the permit
holder or property owner shall be as follows:
| **Size of Tree to be Cut (DBH)** | **Number of Replacement Trees Required for Each Tree Cut** |
| --- | --- |
| < 20 cm | 0 |
| 20 - 30 cm | 2 |
| > 30 cm | 3 |
(3) Where one or more replacement trees are required to be planted as a
condition of issuing a tree cutting permit, the permit holder must submit a tree
replanting plan for approval of the General Manager.
(4) Where the required number of replacement trees cannot reasonably be
accommodated on the property to which the permit relates, the General Manager
may require the owner to do any of the following:
(a) to plant, but not maintain, the required replacement trees on property
owned by the City, in a location and within such time period as the General
Manager may direct;
(b) if the General Manager determines that no appropriate City property is
available for the replacement trees, to pay the City an amount of money
equal to the City's cost of purchasing, planting and maintaining the
required replacement trees on property that is or becomes available,
including without limitation any fees established in Schedule "E" of the
*Fees and Charges Bylaw, 2006*; or
(c) to comply with a direction of the General Manager to combine planting
of replacement trees with payment in lieu of planting in keeping with
paragraphs (a) and (b).
(5) All replacement trees must be planted and maintained in accordance with sound aboricultural practices. If, within the 12 month period following their
planting, the General Manager is not satisfied that replacement trees have been
planted or maintained to this standard, he or she may direct the permit holder
or property owner to take steps to ensure the standard is met and the permit
holder or property owner must comply with that direction.
#### Permit issuance and conditions
**9**
(1) On receiving a completed application for a tree cutting permit, the
General Manager may:
(a) issue the permit, under terms and conditions that the General Manager
considers to be appropriate in the circumstances; or
(b) refuse to issue the permit, providing written notice of the reasons
for the refusal within 15 days of the refusal.
(2) Without limiting Section 9 (1) (b), the General Manager may refuse to issue a tree cutting permit for cutting or pruning a significant tree or a tree within a tree retention area
if he or she is not satisfied that cutting or pruning is necessary:
(a) for the health of the tree or that of other trees in the
vicinity;
(b) for the safety of persons or property;
(c) to avoid a nuisance or obstruction; or
(d) to allow the property to be used for a permitted use or developed to
the permitted density.
(3) Despite any other provisions of this Bylaw, on receiving a report prepared
by a Certified Arborist certifying that:
(a) a tree is a hazard tree;
(b) a tree is dead; or
(c) a tree is diseased or damaged to such an extent that it may constitute
a danger to persons or property,
the General Manager may issue a tree cutting permit without requiring that
other information be provided or that fees be paid.
(4) If tree cutting or related operations authorized by a tree cutting permit
are not completed before the permit expires, or it becomes necessary to alter or
modify the particulars of the permit application or take further steps, upon
receiving a request in writing from the applicant, the General Manager may
modify, renew, or extend the permit, subject to the following:
(a) the permit holder does not have a vested right to receive a
modification, renewal or extension, and the General Manager in considering
the circumstances may require that a new permit be obtained;
(b) the permit holder must pay a non-refundable fee in an amount
established in Schedule "E" of the City's *Fees and Charges Bylaw, 2006*;
(c) the tree cutting permit may not be renewed or extended for a period of
more than two years from the date of its original issuance;
(d) the General Manager may require additional information that is
authorized under this Bylaw as a precondition to considering modification,
renewal or extension, and the permit holder must promptly provide that
information;
(e) all terms and conditions set out in the original tree cutting permit
shall apply to each modification, renewal or extension; and
(f) all terms and conditions set out in the original permit shall apply to
each modification, renewal or extension except as specifically amended,
modified, renewed or extended.
#### Tree cutting regulations
**10**
(1) The following requirements apply to activities and work carried out
pursuant to a tree cutting permit:
(a) each tree to be cut must be clearly identified with survey tape, paint
or similar method;
(b) tree cutting operations must be limited only to the area specified in
the tree cutting permit, which area must be clearly marked with the markings
maintained for the duration of the activity;
(c) if directed by the General Manager, a tree protection barrier,
substantially in the form shown on Schedule "B", must be installed around
the drip line of each and every tree to be retained, in such a manner that
its branches, root systems and trunk will not be damaged by the tree cutting
activity; and
(d) except for an emergency cutting, no tree cutting may take place
between the hours of 8:00 p.m. and 7:00 a.m. the following day.
(2) Whether or not a tree cutting permit is required:
(a) prudent measures must be taken to prevent damage or impairment to
paths, sidewalks, lanes, highways and public property of all kinds,
watercourses and adjacent lands and property, and to utilities including,
without limitation, water, sewer and drainage services, gas, heating, and
electrical energy systems, telecommunications and cable transmission
systems, and all related infrastructure and equipment;
(b) Any and all hazards or potential hazards arising from any tree cutting
operation must be adequately fenced or otherwise mitigated to avoid injury
to and ensure the safety of persons on or near the site and the public;
and
(c) tree parts and wood waste must be disposed of carefully and promptly,
having particular regard to the safety of persons, property, and avoiding a
risk of fire, obstruction and unsightliness, and in accordance with the
*Garbage, Recyclables and Yard Waste Collection Bylaw,
2010*, as amended or replaced from time-to-time, other bylaws of
the City and a regional district, and any provincial enactments that may
apply.
#### Entry and inspection
**11**
(1) The General Manager, or any bylaw enforcement officer or other employee of
the City designated by the General Manager, is authorized at all reasonable
times to enter on any property to inspect and determine whether this Bylaw, and
any terms, conditions, restrictions and requirements of a tree cutting permit,
notice or direction issued under this Bylaw are being observed.
(2) A person must not prevent or obstruct the General Manager or other
authorized City personnel from entering on property for the purposes of this
Bylaw.
#### Contravention and remedy
**12**
(1) If the General Manager reasonably believes that:
(a) a term, condition or requirement of a tree cutting permit has been
contravened;
(b) a person subject to a tree cutting permit has not complied with any of
its terms, conditions or requirements; or
(c) a tree cutting permit was issued based on missing or incorrect
information,
the General Manager may, by written notice delivered to the permit holder
or owner, direct that the contravention or non-compliance be remedied or that
the necessary information be provided, corrected or verified, as applicable, and
may establish the manner of remedy and a date by which the matter must be
remedied.
(2) A person to whom a notice is delivered pursuant to Section 12 (1) must promptly act to remedy the matter as directed, so that the General Manager is satisfied that the contravention, non-compliance, or missing
or incorrect information has been remedied.
(3) If a person fails to comply with a notice pursuant to Section 12 (1) or with Section 12 (2), the General Manager may, by further notice in writing to the person, do any of the following:
(a) amend the tree cutting permit or attach new conditions or
both;
(b) suspend the rights granted under the tree cutting permit, either
entirely or in part, until satisfied as to compliance with the permit or the
previous notice; or
(c) cancel the tree cutting permit, providing reasons for the
cancellation.
(4) If the General Manager reasonably believes that a tree has been cut or
damaged in contravention of this Bylaw or of a tree cutting permit, the General
Manager may deliver a notice in writing to the owner or other person responsible
for the cutting or damage, directing the person to do any or all of the
following:
(a) explain the reason, in writing, for the cutting or damage, and provide
more information as may be relevant to the matter;
(b) submit a replacement tree plan in accordance with Schedule "C" for
approval by the General Manager;
(c) plant and maintain replacement trees in the numbers set out in
Section 8 (2);
(d) do any of the things described in Section 8 (4);
(e) provide security in accordance with Section 7; and
(f) where City property has been damaged or destroyed as a result of the cutting or damage, to pay the City for the costs of repairing, replacing or
restoring that property.
(5) On being delivered of a notice under Section 12 (4), within 30 days of the date the notice was sent, or such shorter period as may be directed by Council where it considers there is a significant
threat to health or safety if action is not taken, the person must comply with
the direction unless a request for reconsideration by Council is submitted in
accordance with Section 13, and in that case, Section 13 applies.
#### Reconsideration
**13**
(1) A person who is subject to a decision or direction of the General Manager
is entitles to have Council reconsider the matter.
(2) Without limiting Paragraph (1), a decision by the General Manager, to amend, suspend or cancel a tree cutting permit, may be reconsidered by Council, in accordance with the
City's *Appeal Procedure Bylaw, 2016*.
(3) A person who has submitted a request for reconsideration, pursuant to
Paragraph (2), must not cut or damage trees in contravention of this Bylaw or a tree cutting permit pending the decision of Council.
B/L 2613-2016
#### Offence and penalty
**14**
[Repealed, B/L 3063-2020.]
Every person who contravenes this bylaw commits an offence and is subject to enforcement and penalties in accordance with the *Bylaw Enforcement Bylaw*.
#### Schedules
**15**
Schedules "A" through "D" are attached to and form part of this
Bylaw.
#### Repeal
**16**
City of Abbotsford Bylaw No. 55-95, cited as "Tree Protection Bylaw, 1995",
and all of its amendments, are hereby repealed.
READ A FIRST TIME on
June
21,
2010
READ A SECOND TIME on
June
21,
2010
READ A THIRD TIME on
June
21,
2010
ADOPTED on
July
12,
2010
Schedule "A"
Definitions
In this Bylaw:
"Certified Arborist" means a person certified by the International
Society of Arboriculture.
"Certified Tree Risk Assessor" means a Certified Arborist who is
further designated or certified by the International Society of Arboriculture to
conduct tree risk assessments in urban and urban/rural areas of British Columbia.
"City" means the City of Abbotsford.
"Council" means the municipal council of the City of Abbotsford.
"cutting" or "cut" means to kill, remove or
substantially destroy a tree by any means including, but not limited to, the topping
of a tree, cutting or knocking down a tree or cutting into any or all parts of a
tree.
"DBH" means the diameter at breast height of the trunk of a tree
measured at a point 1 (4) metres above the natural grade, except that where the tree
has multiple trunks, "DBH" means the sum of the diameters of all
trunks measured 1 (4) metres above the natural grade. (See Schedule "B", Figure 4,
for the DBH measurement diagrams).
"General Manager" means the General Manager of Parks, Recreation
and Culture of the City, or any person designated to carry out one or more of the
General Manager's duties or powers under this Bylaw.
"drip line" means the area on the ground around the trunk of a
tree, which contains the outermost twigs and branches of the tree, as illustrated in
the drip line diagrams in Figure 3 of Schedule "B" of this Bylaw.
"emergency cutting" means the cutting of a tree that has been
seriously damaged or compromised by natural causes such as wind or landslide to such
an extent that it poses an immediate danger to persons or property.
"farming area" means:
(a) land that is located within the agricultural land reserve for the purposes of
the *Agricultural Land Commission Act*; or
(b) Crown land designated as a farming area under the *Farm Practices Protection (Right to Farm) Act*.
"Fees and Charges Bylaw, 2006" means the City of Abbotsford Bylaw
No. 1532-2006, cited as "*Fees and Charges Bylaw, 2006*", as amended or replaced from time-to-time.
"hazard tree" means a tree having a defect sufficient to
significantly increase the likelihood that all or part of the tree will fall
resulting in a risk of personal injury or property damage, as determined by a
Certified Arborist with a Certified Tree Risk Assessor designation from the
International Society of Arboriculture.
"permit holder" means the holder of a tree cutting permit issued
under this Bylaw.
"property owner" has the same meaning as in the *Community Charter* and additionally, in the case of a strata property, means the strata corporation.
"pruning" means the selective cutting or removal of living or dead
branches of a tree according to the International Society of Arboriculture standard
arboricultural practice, consistent with promoting the tree's health and growth, but
does not include the topping of a tree.
"public utility" means a utility service provided by the City,
B.C. Hydro, or a telecommunications and any other utility company or authority
providing a public service or utility.
"qualified professional" means a professional engineer,
professional biologist or Certified Arborist, as the circumstances may require, with
experience in geotechnical engineering, hydrology, tree management or plant or
wildlife habitat.
"replacement tree" means a tree, including its root system, that
is required to be planted and maintained in accordance with Section 8 and Schedule "C" of this Bylaw.
"removal" means the cutting and elimination of a tree at its base,
which may also include its root system.
"significant tree" means a tree that is designated in Schedule "D"
(Significant Trees) due to its age, condition, size, occurrence, cultural or
historical importance within the landscape or that is rare or unusual for its
species.
"stream" includes a watercourse or source of water supply, whether
usually containing water or not, a pond, lake, river, creek, brook, ditch and a
spring or wetland that is integral to a stream.
"tree" means any woody perennial plant with one or more
substantially erect main trunks or stems, including its root system, that:
(i) has reached a height of at least 4 m above the natural grade and has a
DBH of at least 20 cm; or
(ii) is growing in a tree retention area.
"tree cutting permit" means a permit issued by the General Manager
under authority of this Bylaw.
"tree protection barrier" means a sturdy, continuous protection
barrier or fence at least 1.2 metres in height, installed outside the drip line of a
tree that is to be retained, substantially as shown in Figure 2 of Schedule "B" of
this Bylaw.
"tree retention area" means those areas that:
(i) are within a Streamside Protection Environmental Area (SPEA) as defined in the
City of Abbotsford *Streamside Protection Bylaw, 2005*;
(ii) are subject to a Section 219 *Land Title Act* covenant for tree protection; or
(iii) are identified as such on an approved development permit, subdivision
or building permit drawings.
Schedule "B"
Tree Diagrams
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| Figure 1 Tree Planting Detail |
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| Figure 2 Tree Protection Barrier Example |
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| Figure 3 Tree Drip line | |
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| Figure 4 DBH Measurement | |
Schedule "C"
Replacement Tree Requirements
Replacement Trees must meet the plant condition and structure requirements
set out in the latest edition of the BCSLA/BCLNA "B.C. Landscape Standard" and the
CNTA "Canadian Standards for Nursery Stock" to be considered acceptable by the
General Manager.
Replacement Trees must be planted and maintained in accordance with the
requirements set out in the latest edition of the BCSLA/BCLNA "B.C. Landscape
Standard".
Every replacement tree must have a height of at least 3.0 metres in the case of
coniferous species and in the case of deciduous species must have a caliper of at
least 6.0 centimeters measured 15 cm above the base of the tree.
B/L 3150-2021
The planting of every replacement tree must be substantially in accordance
with the proper tree planting diagram shown on Figure 1 of Schedule "B" of this
Bylaw.
The City of Abbotsford may change or recommend alternate species based on
our knowledge of current tree inventories, site conditions and
performance.
Small Scale Trees
| **Common Name** | **Botanical Name** | **Height** | **Width** |
| --- | --- | --- | --- |
| Trident Maple | Acer buergeranum | 8m | 6m |
| Queen Elizabeth Maple | Acer campestre 'Queen Elizabeth' | 10m | 6m |
| Red Shine Maple | Acer campestre 'Red Shine' | 9m | 3m |
| Snake Bark Maple | Acer davidii | 9m | 8m |
| Amur Maple | Acer ginnala | 6m | 6m |
| Paperbark Maple | Acer griseum | 8m | 6m |
| Japanese Hornbeam | Carpinus japonica | 6m | 6m |
| Satomi Dogwood | Cornus kousa 'Satomi' | 6m | 6m |
| Pacific Flowering Dogwood | Cornus nuttallii 'Eddie's White Wonder' | 9m | 7m |
| Stellar Pink Dogwood | Cornus rutgan 'Stellar Pink' | 6m | 5m |
| Aurora Dogwood | Cornus rutgersensis 'Aurora' | 6m | 5m |
| Cockspur Hawthorn | Crataegus crus-galli | 10m | 8m |
| Lavalle Hawthorn | Crataegus x lavallei | 8m | 6m |
| Arie Peters Flowering Ash | Fraxinus ornus 'Arie Peters' | 8m | 8m |
| Leprechaun Ash | Fraxinus pennsylvanica 'Leprechaun' | 8m | 6m |
| Galaxy Magnolia | Magnolia 'Galaxy' | 7m | 4m |
| Kobus Magnolia | Magnolia kobus | 9m | 6m |
| Oyama Magnolia | Magnolia sieboldii | 9m | 6m |
| Stellar Pink Magnolia | Magnolia 'Stellar's Pink' | 9m | 6m |
| Persian Ironwood | Parrotia persica | 10m | 6m |
| Chanticleer Pear | Pyrus calleryana 'Chanticleer' | 10m | 4m |
| Mountain Ash | Sorbus spp. | 10m | 8m |
| Japanese Stewartia | Stewartia pseudocamellia | 8m | 6m |
| Japanese Snowbell | Styrax japonica | 7m | 7m |
| Fragrant Snowbell | Styrax obassia | 7m | 4m |
| Ivory Silk Tree | Syringa reticulata | 7m | 6m |
Medium Scale Trees
| **Common Name** | **Botanical Name** | **Height** | **Width** |
| --- | --- | --- | --- |
| Coliseum Maple | Acer cappadocicum | 14m | 9m |
| Crimson King Maple | Acer platanoides 'Crimson King | 12m | 8m |
| Crimson Sentry Maple | Acer platanoides 'Crimson Sentry' | 10m | 6m |
| Variegated Maple | Acer platanoides 'Drummondii' | 10m | 8m |
| Emerald Queen Maple | Acer platanoides 'Emerald Queen' | 15m | 13m |
| Fairview Maple | Acer platanoides 'Fairview' | 13m | 7m |
| Princeton Gold Maple | Acer platanoides 'Princeton Gold' | 11m | 9m |
| October Glory Maple | Acer rubrum 'October Glory' | 12m | 11m |
| Norwegian Sunset Maple | Acer truncatum 'Norwegian Sunset' | 10m | 8m |
| Pacific Sunset Maple | Acer truncatum 'Pacific Sunset' | 10m | 8m |
| Autumn Flame Maple | Acer rubrum 'Autumn Flame' | 11m | 10m |
| Red Sunset Maple | Acer rubrum 'Red Sunset' | 14m | 10m |
| Scarlet Sentinel Maple | Acer rubrum 'Scarlet Sentinel' | 12m | 6m |
| Sugar Maple | Acer saccharum | 15m | 15m |
| Legacy Sugar Maple | Acer saccharum 'Legacy' | 15m | 15m |
| Norwegian Sunset | Acer truncatum 'Norwegian Sunset' | 10m | 8m |
| Autumn Blaze Maple | Acer x freemanii 'Autumn Blaze' | 13m | 10m |
| Ruby Red Horse Chestnut | Aesculus x carnea 'Briotii' | 13m | 12m |
| European Hornbeam | Carpinus betulus | 12m | 10m |
| Fastigiate Hornbeam | Carpinus betulus 'Fastigiata' | 11m | 8m |
| Katsura Tree | Cercidiphyllum japonicum | 10m | 10m |
| Dove Tree | Davidia involucrata | 15m | 13m |
| Dawyck Beech | Fagus sylvatica 'Dawyck' | 15m | 5m |
| Autumn Applause Ash | Fraxinus americana 'Autumn Applause' | 12m | 7m |
| Autumn Purple Ash | Fraxinus americana 'Autumn Purple' | 14m | 9m |
| Westhof's Glory Ash | Fraxinus excelsior 'Westhof's Glory' | 15m | 15m |
| Flowering Ash | Fraxinus ornus | 13m | 10m |
| Raywood Ash | Fraxinus oxycarpa 'Raywood' | 13m | 10m |
| Patmore Green Ash | Fraxinus pennsylvanica 'Patmore' | 15m | 11m |
| Summit Ash | Fraxinus pennsylvanica 'Summit' | 15m | 11m |
| Maidenhair Tree | Ginkgo biloba | 15m | 13m |
| Princeton Sentry Maidenhair | Ginkgo biloba 'Princeton Sentry' | 13m | 5m |
| Halka Honey Locust | Gleditsia triacanthos 'Halka' | 13m | 13m |
| Worplesdon Sweetgum | Liquidambar styraciflua 'Worplesdon' | 13m | 12m |
| Black Gum | Nyssa sylvatica | 13m | 10m |
| Sawtooth Oak | Quercus acutissima | 13m | 10m |
| Greenspire Linden | Tilia cordata 'Greenspirs' | 12m | 7m |
| Chancellor Linden | Tilia cordata 'Chancellor' | 12m | 7m |
| Crimean Linden | Tilia x euchlora | 12m | 7m |
| Japanese Zelkova | Zelkova serrata | 10m | 12m |
| Green Vase Zelkova | Zelkova serrata 'Green Vase' | 10m | 12m |
Large Scale Trees
| **Common Name** | **Botanical Name** | **Height** | **Width** |
| --- | --- | --- | --- |
| Sycamore Maple | Acer psuedoplatanus | 20m | 17m |
| Sugar Maple | Acer saccharum | 16m | 14m |
| Legacy Sugar Maple | Acer saccharum 'Legacy' | 16m | 12m |
| European Beech | Fagus sylvatica | 25m | 20m |
| Copper Beech | Fagus sylvatica 'Purpurea' | 25m | 18m |
| Dawn Redwood | Metasequioa glyptostroboides | 25m | 15m |
| English Oak | Quercus robur | 18m | 20m |
| Scarlet Oak | Quercus coccinea | 16m | 12m |
| Willow Oak | Quercus phellos | 17m | 15m |
| Red Oak | Quercus rubra | 18m | 16m |
| Shumard oak | Quercus shumardii | 25m | 20m |
| American Elm | Ulmus americana | 23m | 19m |
Other Acceptable Species
| |
| --- |
| Fruit and Nut Trees |
| Coniferous species (excluding hedging shrubs) |
Schedule "D"
Significant Trees
None designated.
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