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VILLAGE OF ANMORE
BYLAW NO. 587-2018
A bylaw to manage the cutting and retention of trees on private property
WHEREAS the Community Charter authorizes a local government to regulate the
cutting and removal of trees in a Municipality;
AND WHEREAS the vision of the Village of Anmore as articulated in the Official
Community Plan is to retain the semi-rural character of the area;
AND WHEREAS the Village of Anmore considers it in the public interest to avoid
clear cutting of land and to provide for the preservation and protection of trees,
and the regulation of their cutting and removal;
AND WHEREAS the Village of Anmore is desirous of instituting a permit system
as a means of regulating the cutting and removal of trees;
NOW THEREFORE the Municipal Council of the Village of Anmore in open
meeting assembled enacts as follows:
1.
Citation
This bylaw may be cited for all purposes as "Anmore Tree Management
Bylaw No. 587, 2018".
2.
Interpretation
(1) In this Bylaw:
"Administrator" means the Chief Administrative Officer of the Village of
Anmore or a person designated to act in his or her place.
"Certified Arborist" means a person holding a current certification of
"certified arborist" issued by the International Society of Arboriculture.
"Certified Tree Risk Assessor" means a Certified Arborist who has also
completed the Tree Risk Assessment Course and passed the Tree Risk
Anmore Tree Management Bylaw No. 587-2018
Page 2
Assessment Exam under the authority of the International Society of
Arboriculture (ISA).
"Council" means the Council of the Municipality.
"Cut Down" means to kill, damage or remove a tree by any means and
includes the topping of a tree, disruption or damage to the tree root system
within the dripline of the a tree, poisoning a tree and the removal of any
branch or trunk of a tree having a diameter of more than 10 cm (3.9") but
does not include the normal pruning of a tree.
"Dangerous Tree" means a tree, identified in writing by a Certified Tree Risk
Assessor, in such condition that there is a substantial likelihood that all or
part of the tree will fail, resulting in the risk of personal injury or property
damage.
"Diameter" means the diameter of the tree measured 1.4 m (4.5') above the
ground, and in the case of a tree having multiple trucks, means the diameter
described in section 4 (1).
Fees and Charges Bylaw means the Village of Anmore Fees and Charges
Bylaw No. 557- 2016.
"Hedge" means a row of trees or shrubs that have been specifically planted
closely together so that they form a line that serves as a solid barrier
separating one space from another.
"Lot" means the smallest unit as shown on the records of the Land Title
Office in which land is held and includes a strata lot created pursuant to the
Strata Title Act
"Municipality" means the Village of Anmore
"Native Vegetation" means a combination of native to the Pacific
Northwest trees, groundcover, shrubs and herbaceous plants
"Owner" means the registered owner of a lot as filed in the Land Title Office
"Permit" means a permit issued pursuant to this Bylaw allowing the permit
holder to cut down one or more trees;
Anmore Tree Management Bylaw No. 587-2018
Page 3
"Qualified Environmental Professional" means an applied scientist or
technologist registered and in good standing with an appropriate
professional organization constituted under a statute of the Province of
British Columbia, providing services under that organization's code of
ethics, and acting within the individual's area of expertise, and may include
a certified arborist, professional forester, or a registered professional
biologist
"Professional Forester" means a registered member or holder of a special
permit granted under Section 14(1) of the Foresters Act.
"Real Property" means land, with or without improvements.
"Riparian Area" means an area adjacent to a stream that links aquatic to
terrestrial ecosystems, the size of which is determined on the basis of an
assessment report provided by a qualified environmental professional.
"Security" means a deposit of either cash or an irrevocable letter of credit,
in a form acceptable to the Municipality, which is provided to the
Municipality to guarantee performance of requirements of this Bylaw.
"Stream" means any of the following that provides fish habitat:
(a) a watercourse, whether it usually contains water or not;
(b) a pond, lake, river, creek or brook;
(c) a ditch, spring or wetland that is connected by surface flow to
something referred to in paragraph (a) or (b).
"Tree" means any living, erect, woody plant which is 20 cm (7.8") or more
in diameter measured 1.4 m (4.5') above the ground, and for the purpose
of this Bylaw does not include a hedge.
"Tree and Natural Vegetation Management Plan" means a written plan
prepared by a Qualified Environmental Professional identifying tree
retention and replanting areas within a lot or parcel of land, and including
recommendations for implementation, tree protection and maintenance.
"Wetland" means land that is inundated or saturated by surface or
groundwater at a frequency or duration sufficient to support, and that
Anmore Tree Management Bylaw No. 587-2018
Page 4
under normal conditions does support, vegetation typically adapted for life
in saturated soil conditions, including swamps, marshes, bogs, fens,
estuaries, and similar areas that are not part of the active floodplain of a
stream.
(2) Except as otherwise defined herein, words and phrases in this Bylaw are to
be construed in accordance with their meanings under the Community
Charter, the Local Government Act and the Riparian Areas Regulation, BC
Reg. 376/2004, as the context and circumstances may require. A reference
to an Act, regulation or bylaw refers to the enactment as it may be amended
or replaced from time to time. Headings in this Bylaw are for convenience
only and do not define or limit the scope or intent of this Bylaw. If any
portion of this Bylaw is held to be invalid by a court of competent
jurisdiction, that portion is severed and the remaining portions of this Bylaw
continue to be valid and enforceable.
3.
Prohibition
(1)
A person must not cut down, or cause, suffer or allow any tree to be
cut down, except in accordance with this Bylaw and a valid permit
issued under this Bylaw, or as directed by Council.
4.
Measurement
(1)
The diameter of a tree having multiple trunks at 1.4 m (4.5') above
the ground shall be the sum of:
(a)
100% of the diameter of the largest trunk; and
(b)
60% of the diameter of each additional trunk.
(2)
The location of a tree shall be measured at the point at which the
trunk of the tree meets the ground.
(3)
The percent area of a lot covered by trees will be determined by
taking the amount of area within the drip line of all trees, dividing
that area by the total lot area, and multiplying that number by 100.
Anmore Tree Management Bylaw No. 587-2018
Page 5
5.
Tree Cutting on Lot Sizes of 0.2 Ha (1/2 Acre) or Less
(1)
For a permit to cut down trees on a lot that is 0.2 hectares (1/2 acre)
or less in size, the owner must demonstrate to the satisfaction of the
Administrator that not less than 10% of the lot will be covered with
existing or replanted trees following the proposed tree cutting.
(2)
Subject to subsection (3), where the replanting of trees is necessary
to meet the minimum coverage requirements of subsection (1), an
owner must, as a condition of a permit, replant three (3) trees, in
accordance with the requirements of Section 13, for every tree that
is cut down, until the minimum coverage requirement is met.
(3)
Where less than 10% of the lot is covered with existing trees prior
to removal, for every tree that is cut down or removed, three (3) trees
in combination with native vegetation shall be replanted subject to
the requirements of Section 13.
6.
Tree Cutting on Lot Sizes Greater than 0.2 Ha (1/2 acre) and less than or
equal to 0.4 Ha (1 Acre)
(1)
For a permit to cut down trees on a lot with a lot size greater than
0.2 hectare Ha (1/2 acre) and less than or equal to 0.4 hectare Ha (1
Acre), the owner must demonstrate to the satisfaction of the
Administrator that not less than 20% of the lot will be covered with
existing or replanted trees following the proposed tree cutting.
(2)
Subject to subsection (3), where the replanting of trees is necessary
to meet the minimum coverage requirements of subsection (1), an
owner must, as a condition of a permit, replant three (3) trees, in
accordance with the requirements of Section 13 for every tree that
is cut down, until the minimum coverage requirement is met.
(3)
Where less than 20% of the lot is covered with existing trees prior
to removal, for every tree that is cut down or removed, three (3) trees
shall be replanted subject to the requirements of Section 13.
Anmore Tree Management Bylaw No. 587-2018
Page 6
7.
Tree Cutting on Lots Size of More than 0.4 Ha (1 Acre)
(1)
For a permit to cut down trees on a lot with a lot size greater than
0.4 ha. (1 acre), the owner must demonstrate to the satisfaction of
the Administrator that not less than 20% of the lot will be covered
with existing or replanted trees.
,
(2)
The 20% minimum coverage requirement established in subsection
(1) shall increase by 5% for every 0.4 hectare (1 acre) that a lot
exceeds 0.4 hectare (1 acre), to a maximum coverage requirement
of 75% of the lot.
(3)
Where the replanting of trees is necessary to meet the minimum
coverage requirements of this Section 7, an owner must, as a
condition of permit, replant three (3) trees, in accordance with the
requirements of Section 13 in combination with native vegetation,
for every tree that is cut down, until the minimum coverage
requirement is met.
8.
Tree Cutting on Land to be Subdivided
(1)
Every applicant for approval of a subdivision, after the Municipality's
Approving Officer has issued a Preliminary Layout Review (PLR)
letter and prior to final approval of the proposed subdivision, submit
to the Village for approval a Tree and Natural Vegetation
Management Plan relating to the proposed subdivision, prepared by
a Qualified Environmental Professional in accordance with
subsection (2) at the owner's cost.
(2)
The Tree and Natural Vegetation Management Plan referred to in
subsection (1) must identify:
(a)
tree retention and replanting areas such that each lot created
by the subdivision shall have not less than 20% or 10% if the
lots are less than 0.2 hectare (1/2 acre) of its area covered by
trees; and
(b)
the methods in which the Tree and Natural Vegetation
Management Plan will be implemented including tree
Anmore Tree Management Bylaw No. 587-2018
Page 7
protection
during
the
construction
stage
and
tree
management post construction.
9.
Trees within Riparian Areas or a Wetland
(1)
In this section, a "tree" means any living, erect, woody plant.
(2)
The Administrator may only issue a permit to cut down a tree within
a riparian area or a wetland:
(a) where the tree removal has been approved pursuant to any
relevant federal and provincial regulations and if:
(b)
the tree is a dangerous tree; or
c)
it is necessary to cut down the tree to carry out works in or
about a stream or a wetland, where the proposed works have
been authorized by a federal or provincial permit.
.
10.
Removal of Dangerous Trees
(1)
For certainty, a permit is required to cut down a dangerous tree but
the permit fee is waived.
(2)
Subject to subsection (3), every person who intends to cut down a
dangerous tree must submit, along with an application for a permit,
a report from a Certified Tree Risk Assessor, confirming that each
tree to be cut down is a dangerous tree and outlining the reasons for
its removal.
(3)
In circumstances where a tree must be cut down to avert a
significant and imminent threat to the safety of persons or property
before a report from a Certified Tree Risk Assessor can be obtained,
the owner or an authorized representative must notify the
Administrator as soon as possible, and at the request of the
Administrator, must promptly provide, in writing, accurate
information about the circumstances and reasons for cutting the tree
down. If the Administrator is not satisfied that the action taken was
Anmore Tree Management Bylaw No. 587-2018
Page 8
warranted in the circumstances, the Administrator may require the
owner to replace the trees and in that case, section 13 (1) applies.
(4)
A person who cuts down a dangerous tree must not remove the
stumps or roots of the tree without the specific written permission
of the Administrator.
(5)
Council may, by resolution, require that an owner cause a dangerous
tree to be trimmed or removed, or any tree, hedge, bush or shrub on
the owner's lot to be trimmed, removed or otherwise dealt with if
Council considers that it is
(a)
a hazard to the safety of persons;
(b)
likely to cause or result in damage to municipal property; or
(c)
otherwise is in or creates an unsafe condition.
(6)
Division 12 of Part 3 of the Community Charter [remedial action
requirements] applies to notice of a resolution under subsection (5)
and related procedures.
(7)
An owner who is subject to a resolution under subsection (5) may
request reconsideration by Council by providing written notice of the
request to the corporate officer for the Village within 14 days of the
date on which the notice was sent or such longer period permitted
by Council. On receiving the request the corporate officer will
arrange for an opportunity for the owner or a representative
appointed by the owner to make representations to the Council. If a
requirement of Council under this Section is not completed by the
date specified for compliance, the Municipality may fulfill the
requirement at the expense of the owner and recover the costs
incurred from that person as a debt.
11.
Tree Removal on Steep Land
(1) In cases where trees are proposed to be removed on land with a slope
greater than 20%, irrespective of lot area, the Administrator may
require, as a condition of a permit, the preparation of a report from a
Anmore Tree Management Bylaw No. 587-2018
Page 9
qualified professional geotechnical or hydrological engineer certifying
that the proposed tree removal will not create a danger from erosion,
flooding, or landslip. If the report includes conditions or
recommendations for preventing erosion, flooding or landslip:
(a) those conditions or recommendations, as applicable, must be
observed as a condition of a permit that is issued, and the owner
must provide to the Municipality security in the amount of 150% of
the cost of the works as estimated by the engineer responsible for
the report.
(2)
The owner of land subject to a permit under this Section shall be
responsible for and must, at their own expense, ensure the
execution of all work required by the qualified professional engineer
in his or her report in order to prevent erosion, flooding, or landslip
and to ensure the stability of the slope.
(3)
Upon completion of the required works and certification by the
qualified professional engineer that the works satisfy their
requirements to prevent erosion, flooding, or landslip, or to maintain
the stability of the slope, the security will be released.
(4)
The owner must ensure that works are completed within the period
specified on the permit. Should the works not be completed within
the stated period or not be completed according to the qualified
professional engineer's recommendations, the Administrator may
draw upon the security to complete the works, and any related costs
or expenses incurred by the Municipality that are not covered by the
security must be paid upon receipt of an invoice by the Municipality,
and become a debt owing to the Municipality by the owner.
12.
Annual Tree Cutting Allowance Permit
An owner may apply for an Annual Tree Cutting Permit, to allow the
owner to cut down a maximum of two (2) trees per lot per calendar year.
A permit issued for this annual allowance does not carry the requirement
to replace trees cut down. The owner must pay the fee for a permit
prescribed in the Fees and Charges Bylaw.
Anmore Tree Management Bylaw No. 587-2018
Page 10
13.
Replacement Trees
(1)
Where tree replacement is either proposed by an owner or required
by this Bylaw or by the Administrator as a condition of issuance of a
permit, the owner shall within a time period prescribed by the
Administrator, plant two (2) replacement trees for every tree
removed in accordance with the following conditions:
(a)
Each replacement tree must be planted within one month of
the cutting down or removal of the original tree, except as
otherwise authorized by the Administrator;
(b)
Notwithstanding the definition of tree, each replacement
tree must be a minimum height of 3 metres if coniferous or
a minimum of 7 centimetres in diameter if deciduous,
unless otherwise authorized by the Administrator;
(c)
plant the tree at the spacing prescribed by the arborist, water,
fertilize and maintain the replacement tree in accordance with
sound horticultural practice; and
(d)
provide the Municipality with a security of $500 per
replacement tree to a maximum amount of $10,000 per
parcel in order to ensure the replacement trees are
maintained in good health and to replace any replacement
trees should any not survive during the initial three (3) year
period. The security will be returned to the owner of the
property after 3 years and confirmation by the Administrator
that all of the replacement trees have survived. If the
replacement trees are not in good health or have not survived,
the Administrator may draw upon the security to consult with
a certified arborist, and bring the trees into a healthy state or
remove and replace the trees, as the Administrator considers
practical and appropriate in the circumstances.
(2)
Where any person cuts down a tree in contravention of this Bylaw
or a permit issued pursuant to this Bylaw, that person must replant
five (5) trees for every tree unlawfully removed in accordance with
recommendations contained in the report of a Qualified
Anmore Tree Management Bylaw No. 587-2018
Page 11
Environmental Professional, prepared for the Municipality at the
expense of the owner, and shall:
(a)
replant the trees within a time period prescribed by the
Administrator;
(b)
water, fertilize and maintain the replacement trees in
accordance with sound horticultural practice; and
(c)
provide the Municipality with a security of $500 per
replacement to ensure the replacement trees are maintained
in good health and to replace any replacement trees should
any not survive during the initial three (3) year period. The
security will be returned to the owner of the property after 3
years and confirmation by the Administrator that all of the
replacement trees have survived. If the replacement trees are
not in good health or have not survived, the Administrator
may draw upon the security to consult with a certified
arborist, and bring the trees into a healthy state or remove
and replace the trees, as the Administrator considers practical
and appropriate in the circumstances..
14.
Application for Tree Cutting Permits
(1)
Every application for a permit shall be made in writing to the
Administrator in a form approved by the Administrator.
(2)
The following information must accompany every permit
application, other than for an Annual Tree Cutting Allowance Permit:
(a)
A site plan showing the location, species, and diameter of all
the trees on the lot and identify those proposed for removal;
(b)
the location of any watercourses, wetlands, or steep slopes;
and
(c)
a report from a Certified Arborist, Professional Forester, or
Registered Professional Biologist that confirms that not less
than 20% of the lot or 10% for lots less than 0.2 Ha will be
covered with existing or replanted trees
Anmore Tree Management Bylaw No. 587-2018
Page 12
(3)
Upon receiving an application for a permit, the Administrator will
consider and assess the following factors relating to the proposed
application:
(a)
compliance with the requirements of this Bylaw,
(b)
the need for replacement trees,
(c)
the need for drainage, noise or dust control measures,
(d)
significant topographic and hydrographic features and other
site information;
(e)
compliance with Provincial bird nesting regulations;
(f)
risk of contamination of watercourses;
(g)
risk of flooding, erosion and landslip; and
(h)
other factors that the Administrator believes to be relevant to
the proposed action,
(4)
No application for a permit is complete unless the application
contains all required information in accurate and complete form, and
the prescribed fee established in the Fees and Charges Bylaw has
been paid.
(5)
A permit is valid for the period specified on the permit up to a
maximum of 90 days.
15.
Permit Conditions
(1) The Administrator may, as a condition of issuance of a permit, require,
among other things, that:
(a)
replacement trees be planted as specified in Section 13;
Anmore Tree Management Bylaw No. 587-2018
Page 13
(b)
stumps remain in place in order to assist in the prevention of
erosion in areas where trees were cut that are over 20%
slope;
(c)
that the owner notify the Village when the work is complete
so that a final inspection can be made to ensure that the work
was completed in compliance with the permit; and/or
(d)
that in circumstances where fifteen (15) or more trees are cut
down that the certified arborist overseeing the project
provide a letter of assurance that all works were undertaken
as recommended or directed.
(2) Where the Administrator considers that cutting down trees creates a
risk of flooding, erosion, landslip, or contamination of a stream, the
Administrator may require an applicant for a permit to submit, at the
owner's expense, a report prepared by a Qualified Environmental
Professional or a qualified professional geotechnical or hydrological
engineer.
(3) The Administrator may, by written notice, refuse, suspend or cancel a
permit if he or she considers that work or activity being carried out is or
will be in violation of any of the terms, restrictions, requirements, or
conditions of the permit or any provision of this Bylaw, or that injury to
persons or damage, whether or not intentional, has occurred or is likely
to occur to the remaining trees, vegetation or to adjacent properties.
(4) A person who has been refused a permit, or whose permit has been
suspended or cancelled, or to another decision of the Administrator
under this Bylaw, may request that Council reconsider the decision by
providing written notice of the request to the corporate officer for the
Village within 14 days of the date of notice the decision was . On
receiving the request the corporate officer will arrange for an
opportunity for the owner or a representative appointed by the owner
to make representations to the Council.
Anmore Tree Management Bylaw No. 587-2018
Page 14
16.
Municipal Works
Nothing contained in this Bylaw shall apply to a tree growing on a highway,
park, right of way or easement belonging to the Municipality nor to any
public utility works where the works are carried out by or under the
authority of the Municipality.
17.
Inspection and Authority to Enter Upon a Property
(1)
Every officer and employee of the Village is authorized to enter onto
any property at all reasonable times and upon reasonable notice in
order to ascertain whether the requirements of this bylaw are being
met and regulations observed.
(2)
A person must not obstruct or attempt to obstruct any person from
enforcing this bylaw, including any person enforcing this bylaw by
inspected a property pursuant to section (1) of this bylaw.
(3)
Where the Administrator considers that a contravention to this
Bylaw, or any permit, the Administrator may notify the owner in
writing of the contravention and require that measures be taken to
remedy the contravention within a certain time period.
(4)
A person to whom a notice is delivered under subsection 16(3) must
fully comply with any requirements stated in the notice, within the
time period stated therein, or if not stated, within 30 days of the date
of the notice.
18.
Cost Recovery
(1)
In addition to any fees, requirements or penalties imposed for non-
compliance with this Bylaw, If a requirement under this Bylaw, or a
permit issued under this Bylaw, is not met within the established
time period, the Administrator may cause the required work to be
carried out by the Municipality or a contractor to fulfill the
requirement at the expense of the person subject to the requirement,
and may recover the costs incurred by the Municipality from that
person as a debt.
Anmore Tree Management Bylaw No. 587-2018
Page 15
(2)
If a debt owing to the Municipality is due and payable by December
31st and remains unpaid on that date, the amount may be collected
in the same manner as for property taxes in arrears.
19.
Offence and Penalty
(1)
Any person who contravenes any provision of this Bylaw by doing,
causing, suffering or permitting any act which it forbids or by failing
to carry out any action which is required to be done, is guilty of an
offence and is liable on summary conviction to a fine of not less than
$1,000 and not more than $10,000, and where the offence is a
continuing one, each day that the offence is continued, shall
constitute a separate offence.
(2)
Without limiting the generality of Section 17 (1), any person who
cuts down a tree in violation of this Bylaw is guilty of an offence and,
in addition to any other penalty imposed under this Bylaw, is liable
on summary conviction to a fine of $2000 for each tree unlawfully
cut down, for a first offence, and for each subsequent offence, to a
fine of not less than $5000.00 for each tree unlawfully cut down.
(3)
Any person who contravenes a condition of a permit issued under
this Bylaw by doing, causing, suffering or permitting any act which
it forbids or by failing to carry out an action which is required to be
done, commits an offence and is liable on summary conviction to a
fine of not less than $2000.00 for each contravention, for a first
offence, and for each subsequent offence, to a fine of not less than
$5000.00 for each contravention.
Anmore Tree Management Bylaw No. 587-2018
Page 16
READ A FIRST TIME this20th day of November, 2018.
READ A SECOND TIME this 20th day of November, 2018.
READ A THIRD TIME this 20th day of November, 2018.
RECONSIDERED AND FINALLY ADOPTED this 4th day of December, 2018.
J. McEWEN
____________________________
Mayor
J. HALLIWELL
____________________________
Chief Administrative Officer
Certified as a true and correct copy of "Anmore Tree Management Bylaw No. 587-
2018".
DECEMBER 5, 2018
J. HALLIWELL
_________________________
____________________________________
DATE
CHIEF ADMINISTRATIVE OFFICER