Tree Protection Bylaw No. 3135, 2014 (With Amendments to October 21, 2024) — full text

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City of Duncan Tree Protection Bylaw No. 3135, 2014 (With Amendments to October 21, 2024) Consolidated for Convenience Only This consolidation is not a legal document. Certified copies of the original bylaws should be consulted for all interpretations and applications of the bylaws of this subject Bylaw No. 3135.01, 2018 - Adopted April 16, 2018 Bylaw No. 3135.02, 2021 - Adopted November 1, 2021 Bylaw No. 3135.03, 2024 - Adopted October 21, 2024 Bylaw No. 3135, 2014 Page 2 of 27 CITY OF DUNCAN BYLAW NO. 3135, 2014 TREE PROTECTION BYLAW WHEREAS pursuant to Sections 8(3)(c) and 50 to 52 of the Community Charter, S.B.C. 2003, c.26, a Council may, by bylaw, exercise powers to preserve and protect trees within the City, and may regulate, prohibit and impose requirements in relation to the cutting and removal of trees; AND WHEREAS Council considers it is in the public interest to provide for the protection and preservation of urban forest through the regulation of tree cutting, removal and replacement; NOW THEREFORE the Council of the City of Duncan enacts as follows: 1. Title This Bylaw may be cited as the "Tree Protection Bylaw No. 3135, 2014" 2. Application This Bylaw applies to trees which are within the City of Duncan. 3. Definitions In this Bylaw: "Arborist" means an arborist who: a) is certified by the International Society of Arboriculture; and b) is qualified as a certified tree risk assessor by the International Society of Arboriculture or is qualified by the Province of British Columbia as a Wildlife/Danger Tree Assessor; "Arborist Report" means a technical report prepared by an Arborist which: a) identifies information relevant to the purpose for which the report is to be submitted to the City including, but not limited to, surveyed location, species, size, and condition of the subject tree or trees; b) provides the reasons for any proposed removal of a tree or trees; 3135.02 Bylaw No. 3135, 2014 Page 3 of 27 c) describes the recommended tree protection and mitigation measures; and d) includes the proposed strategy for replacement trees or substitute trees. "Boulevard" means: a) the strip of land between the curb and the sidewalk and between the sidewalk and the property line, or b) Where there is no sidewalk, the strip of land between the curb and the property line, or c) Where there is no curb, the strip of land between the near edge of the road and the property line; "Building Envelope" means that part of a lot on which a building, including an accessory building, may be sited under the setback regulations of the City's Zoning Bylaw, as varied by a Development Permit, a Development Variance Permit, a Heritage Alteration Permit, or the Board of Variance, if applicable; "Certified Tree means a Certified Arborist with additional current training Risk Assessor" and certification in tree risk assessment as determined by Worksafe BC. "City" means the City of Duncan. "Council" means the City Council of the City of Duncan. "City Lands" means property owned, controlled, or maintained by the City including parks, green-spaces, walkways, medians, boulevards and road rights-of-way; "Cut" means to cut down a tree and shall include to pull up, OR "Cutting" push or pull over or otherwise fall or substantially destroy a tree. "Damage" means any action which will cause a tree to die or to OR "Damaged" decline, including, but not limited to, ringing, poisoning, OR "Damaging" burning, topping or excessive pruning. "DBH (Diameter means the diameter of the trunk of a tree measured at a Breast Height)" point 1.4 metres above the natural grade; except where the diameter of a tree having multiple trunks 1.4 metres above the natural grade shall be the sum of 100% of the diameter of the largest trunk and 60% of the diameter of each additional trunk. "Diameter " means the circumference outside the bark of a tree, divided by 3.142; 3135.02 Bylaw No. 3135, 2014 Page 4 of 27 "Director" means the Director of Public Works and Engineering and any person designated by the Director to act in his or her place. "Drip Line" means a circle on the ground around the trunk of a tree, the radius of which is the distance between the outermost twigs of the tree and the centre point of the trunk, or its vertical extension. "Hazard Tree" means a tree identified in writing by a Certified Tree Risk Assessor as having defects 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, and also includes trees that interfere with utility wires, drainage, water or sewer systems, or the movement of people and vehicles along public rights-of-way; "Hedge" means a row of three or more trees that through growth and pruning forms a continuous dense screen of vegetation from ground level which provides privacy, fencing, wind breaking, and/or boundary definition. "Highway" includes a street, road, lane, bridge, viaduct and any other way open to public use, other than a private right-of-way on private property. "Move" means uprooting and transferring a tree from one location to another. "Officer" means the City of Duncan Fire Chief, Bylaw Enforcement Officer, RCMP Police Officer or appointed designates. "Owner" means a person who has any right, title, estate or interest in property, other than that of an occupant, and shall include the agent of any such person. "Parcel" means any lot, block or other area in which land is held or into which land is subdivided but does not include a highway. "Permit" means a permit issued by the Director under authority of this Bylaw to cut or remove a Protected Tree or Trees. "Protected Root means: Zone" a) the area of land surrounding the trunk of a tree that contains the bulk of the critical root system of the tree which has been specifically delineated on a tree protection plan prepared by an arborist and approved by the Director of Public Works; or b) in the absence of such information, the area of land surrounding the trunk of a tree contained within a 3135.02 Bylaw No. 3135, 2014 Page 5 of 27 circle having a radius which is calculated by multiplying the DBH of the tree by 18. "Protected Tree" means any of the following trees: a) the following tree species 2.0 metres (6.67 feet) or more in height or 7 centimetres (2.8 inches) in diameter or more when measured 15 cm (6 inches) above natural grade: i) Arbutus (Arbutus menziesii); ii) Garry Oak (Quercus garryana); iii) Pacific Dogwood (Cornus nuttallii); iv) Pacific Yew (Taxus brevifolia). b) the following tree species when having a DBH of 20 centimetres (8 inches) or more: i) Douglas-fir (Pseudotsuga menziesii); ii) Grand Fir (Abies grandis); iii) Big Leaf Maple (Acer macrophyllum); iv) Western Red Cedar (Thuja plicata). c) any tree having a DBH that is 30 centimetres (12 inches) or more; d) any replacement tree; e) any tree located within an Environmental or Hazard Development Permit Area designated in the City of Duncan Official Community Plan; f) any tree planted or retained as a requirement of a subdivision application, development permit, , or building permit; g) any Significant Tree; h) any tree with evidence of a nest or use by: i) raptors as defined in the Wildlife Act, R.S.B.C. 1996, c. 488; ii) osprey; or iii) a heron colony. "Prune" means the selective cutting or removal of branches to OR "Pruning" improve timber quality, or to remove dead or diseased wood, or to correct undesirable growth patterns. "Qualified means a person registered or licensed as a professional Professional engineer in the Province of British Columbia, pursuant Engineer" to the provisions of the Professional Governance Act of British Columbia, 2018, as amended, and such person having sufficient experience in related fields of engineering to provide a professional opinion. 3135.02 Bylaw No. 3135, 2014 Page 6 of 27 "Removal" means to "cut" a tree and to remove it from the location OR "Remove" where it exists. "Replacement Tree" means a woody perennial plant with one or more substantially erect main trunks or stems, including its root system, of a tree species that will grow to 30 cm DBH or greater at maturity, and which is required to be planted and maintained in accordance with Section 7.2 and Schedule "A". "Setback" means a property's setback line established under the City's Zoning Bylaw, as varied by a Development Variance Permit, a Heritage Alteration Permit, or the Board of Variance, if applicable; "Significant Tree" means a tree of significant size, species or heritage value, listed in SCHEDULE "B" of this Bylaw. "Substitute Tree" means a woody perennial plant with one or more substantially erect main trunks or stems, including its root system, of a tree species that will grow to less than 30 cm DBH at maturity, and which is required to be planted and maintained in accordance with Section 7.2. "Top" OR "Topping" means the cutting of a trunk, stem, main leader or scaffold limb of a tree back to a stub, bud or lateral branch not large enough to assume apical dominance. "Tree" means a living, erect, perennial woody plant, that is a species of coniferous or deciduous genus where the DBH of is six (6) cm or more and is capable of reaching a mature height of 4.5 m or greater within its natural range. "Tree Protection Barrier" means a sturdy protection barrier or temporary fence at least 1.2 metres in height, installed around the Drip Line of a tree that is to be preserved. "Watercourse" means a channel through which water flows at any time of the year and includes a brook, river, stream, creek, lake, pond and any other body of water running through or situated partially or fully within the City. 4. Boundary Trees 4.1 For the purposes of this Bylaw, a tree straddling a property line shall be deemed to be located on a parcel if more than one-half of the area of land occupied by the base of the tree trunk is within that parcel. 3135.02 3135.02 3135.01 Bylaw No. 3135, 2014 Page 7 of 27 5. Restrictions and Exemptions 5.1 Restrictions 5.1.1 A person must not cut or remove, or move any Protected Tree, or cause, suffer or permit any Protected Tree to be cut or removed or moved, except in accordance with the terms and conditions of a valid permit issued under this Bylaw. Without limiting the generality of the foregoing, this section includes replacement trees. 5.1.2 A person must comply with the terms and conditions of a permit issued under this Bylaw. 5.1.3 Except to the extent permitted by a permit, or as provided for in Section 5.3 a person must not alter a Protected Tree by carrying out any of the following activities: (a) Cutting, damaging or undermining the roots of a Protected Tree growing within the drip line; (b) Operating trucks, backhoes, excavators or other heavy equipment over the roots of a Protected Tree growing inside the drip line; (c) Placing fill, building materials, asphalt or a building or structure on land inside the drip line of a Protected Tree; (d) Denting, gouging or damaging the trunk of a Protected Tree; (e) Removing from, or penetrating, the bark of a Protected Tree; (f) Attaching a sign or poster to a Protected Tree; (g) Depositing concrete washout or other liquid or chemical substances harmful to the health of a Protected Tree on land inside the drip line of a Protected Tree; (h) Removing soil from inside the drip line of a Protected Tree; (i) Blasting inside the drip line of a Protected Tree; (j) Topping a Protected Tree branches so as to significantly alter its normal canopy; except if the Protected Tree forms part of a hedge; (k) Altering the ground water or surface water level within the drip line of a Protected Tree; or (l) Cutting or removing more than twenty-five (25) percent of the live crown of a Protected Tree in any twelve (12) month period. 5.2 City Lands A person shall not plant a tree or hedge on City lands or cause trees or hedges to be planted on City lands without prior written authorization from the Director. 3135.02 Bylaw No. 3135, 2014 Page 8 of 27 5.3 Exemptions 5.3.1 A permit is not required to cut or remove a Protected Tree where: (a) A Development Permit that authorizes the removal of a Protected Tree has been issued, subject to the following conditions: i. If a building permit is required to facilitate the proposed development, removal of a Protected Tree is not permitted until the building permit has been issued; and ii. Payment of the Replacement Tree fee established in the City's fees and charges bylaw for each Protected Tree proposed to be removed. For clarity, the fee must be paid prior to building permit issuance when a building permit is required or, when a building permit is not required, prior to removal of the Protected Tree; (b) The Protected Tree cutting or removal is located within the building envelope of a parcel and the cutting or removal of the Protected Tree is necessary for the purpose of lawfully constructing a building or accessory building, or an addition to a building or accessory building in respect of an approved Building Permit; (c) The Protected Tree cutting or removal is for the installation of roads or services shown on an engineering drawing approved by the City in respect of an approved Building Permit, an access permit, or subdivision approval; (d) A Protected Tree must be cut or removed on an emergency basis because it has been severely damaged by natural causes and poses an imminent danger of falling and injuring persons or property; (e) A Protected Tree must be cut or removed or pruned by emergency personnel responding to an emergency provided however that the emergency personnel must notify the Director within three business days of the emergency work done to the Protected Tree or Trees; (f) The Protected Tree cutting or removal is carried out by the City or its agents on public property; (g) The Protected Tree cutting or removal is carried out using standard arboricultural practices for the maintenance of above ground utility conductors by a public utility or its contractors, after giving the Director written notice of its intention to cut or remove at least three business days prior to commencing; 3135.03 Bylaw No. 3135, 2014 Page 9 of 27 (h) The cutting or removal constitutes normal pruning of trees in accordance with sound horticultural practice. 5.4 Removal or Pruning of Hazardous Trees or Hedges 5.4.1 A permit is not required for the pruning of a hedge. 5.4.2 Owners and occupiers of real property must cause any trees, hedges and shrubs on that property to be pruned, cut or removed if the Director considers that the trees, hedges, or shrubs are: a) a hazard to the safety of persons; b) likely to damage public property; or c) seriously inconveniencing the public 5.4.3 The Director may notify the owner or occupier of real property that the City will take, at the owner's or occupier's expense, the action required under Section 5.4.2 if the owner or occupier does not take that action within five days of receiving the notice. 5.4.4 The City's employees or contractors may enter real property and undertake, at the owner's or occupier's expense, the work referred to in Section 5.4.2 if the owner or occupier does not undertake or complete that work. 6. Permit Application Process 6.1 General Conditions of Permit 6.1.1 A permit for the cutting or removal of any tree to which this Bylaw applies shall be in the form issued by the Director. 6.1.2 Despite Section 6.1.1 a person may only prune or top a Significant Tree with the permission of the Director. 6.1.3 Despite Section 6.1.1 a person may only cut or remove a Significant Tree with the permission of City Council. 6.1.4 A permit issued under this Bylaw is non-transferable. 6.1.5 The permit shall be displayed in an accessible and conspicuous location on the parcel to which it pertains no less than 72 hours prior to and during tree cutting or removal operations. 6.2 Application Requirements Every application for a permit shall be made in writing to the Director and shall include: 3135.02 3135.02 Bylaw No. 3135, 2014 Page 10 of 27 6.2.1 A non-refundable application fee in the amount applicable under the City of Duncan Fees and Charges Bylaw unless the application is for permission to remove a hazard tree; 6.2.2 The following documents, plans and information relating to the proposed tree cutting or removal: (a) A statement of purpose and rationale for the proposed tree cutting or removal; (b) At the request of the Director, an approved arborist report to the satisfaction of the Director." (c) A tree cutting and replacement plan drawn to approximate scale identifying: (i) the boundaries of the subject parcel; (ii) any abutting streets, lanes or public access rights of way; (iii) the location of existing buildings and structures; (iv) the location, species and DBH of those trees proposed to be cut or removed; (v) the location, species and DBH of those trees proposed to be retained and protected; (vi) the location, species and DBH of proposed replacement trees; (vii) the location of significant topographic and hydrographic features and other pertinent site information; and (viii) the location of proposed tree protection barriers , which meet Schedule "E" of this Bylaw, Tree Protection Barrier Requirements. (d) The street location and legal description; (e) The consent in writing of the registered owner of the property, if different from the applicant, authorizing the applicant to act as the owner's agent; (f) The consent in writing of the registered owners of the parcels where the base of the tree to be cut or removed is located; (g) The methods proposed for control of drainage and erosion impacts during and after the tree cutting or removal; (h) The proposed methods for disposal of wood waste and other debris; 3135.02 3135.02 3135.02 3135.02 Bylaw No. 3135, 2014 Page 11 of 27 (i) The proposed methods of noise and dust control during the tree cutting or removal operation; (j) The proposed completion dates for tree cutting or removal; (k) If required by the Director: (i) A Tree Protection Plan, in accordance with Schedule "D" of this Bylaw, prepared by an arborist; (ii) A report prepared by a qualified professional engineer, professional biologist or certified arborist with experience in, as the circumstances require, geotechnical engineering, hydrology or tree management, certifying that the proposed tree cutting or removal will not create an adverse impact including flooding, erosion, land slip or contamination of a watercourse; (iii) Where the site of the tree cutting or removal is on a parcel adjacent to or containing any part of a watercourse, a survey plan prepared by a BC Land Surveyor or qualified professional engineer showing the top-of-bank of such watercourse; (iv) where the tree cutting or removal is for a hazard tree, a report prepared by a certified tree risk assessor certifying that the tree is dead, diseased, damaged or otherwise constitutes a physical hazard to persons or property; (l) Such further and other information as the Director determines is necessary to adequately describe the nature and extent of the tree cutting or removal operation, and (m) The security amount required by section 7.2.7. 6.2.3 In addition to the requirements in Sections 6.2.1 and 6.2.2 of this Bylaw, every applicant for a permit to cut or remove a Protected Tree shall: (a) Flag or mark with paint each tree proposed to be cut or removed; and (b) Mark on the ground with paint, stakes or flagging the protected root zones of all trees on the parcel and the boundaries of the areas within such protected root zones on which the proposed tree-damaging activities are proposed to be carried out. (c) Place a tree protection barrier, in accordance with Schedule "E" of this Bylaw, around any tree or trees which are not to be cut or removed, in such a manner to ensure that the trunk, branches and protected root zone are not damaged by the cutting or removal operations. The tree protection barrier must be constructed prior to 3135.02 3135.02 3135.02 3135.02 3135.02 3135.02 Bylaw No. 3135, 2014 Page 12 of 27 the issuance of the permit and must remain intact for any construction or demolition throughout the entire period of construction or demolition. 6.3 Permit Issuance or Refusal 6.3.1 The Director may do any of the following if a proposed activity would endanger the health or life of a tree: (a) Issue a permit; (b) Refuse to issue a permit; (c) Issue a permit subject to the observance or fulfilment of any additional conditions specified in the permit which in the opinion of the Director are necessary to achieve the purposes of this Bylaw. 6.3.2 The Director may issue a permit if the Director is satisfied that one or more of the following conditions exist: (a) the protected tree is a hazard tree, or where the applicant has otherwise demonstrated to the satisfaction of the Director that the tree is dead, damaged, diseased, or in decline beyond expectation of recovery; (b) the protected tree is causing structure or infrastructure impairment, interference or risk, and the impairment, interference, or risk cannot be reduced or removed through any other reasonable solution other than the removal of the protected tree, as determined by the Director or a qualified professional engineer with the approval of the Director. (c) the removal of the protected tree is required for the construction or installation of a driveway, roads, or services, required off-street parking area, below ground service line, or an above ground utility corridor, and where no other suitable locations or low impact construction methods are available for the placement of the driveway, roads, services, parking area, service line or utility corridor, as determined by the Director. (d) the protected tree is located within the footprint of a proposed building or structure, underground service, driveway, or off-street parking area that would be permitted under the Development Procedures Bylaw, or that is required pursuant to any other City Bylaw, and that could not be modified or relocated on the parcel in order to retain the protected tree, as determined by the Director. (e) the protected tree is situated within two (2) metres of a lawfully constructed building foundation wall. 3135.02 Bylaw No. 3135, 2014 Page 13 of 27 (f) where the Director is satisfied that preservation of the protected tree will not meet the objectives of this Bylaw or the Urban Forest Strategy due to inappropriate siting or species selection. 6.4 Permit Expiry 6.4.1 Every permit shall expire 6 months from the date of issue or upon such earlier date as may be specified in the permit. 6.5 Permit Renewal, Extension or Modification 6.5.1 If the tree cutting or removal operations authorized by a permit are not completed before the permit expires, or it becomes necessary to alter or deviate from the particulars of the permit application or the tree cutting and replacement plan submitted for a permit, the Director may renew, extend or modify the permit upon written request of the permit holder, subject to the following: (a) A permit holder has no vested right to receive an extension, renewal or modification and the Director may require that a new permit be obtained; (b) The permit holder shall pay a non-refundable fee in the amount applicable under the City of Duncan Fees and Charges Bylaw; (c) The Director may not renew or extend a permit for a period of more than two years from the date of issuance of the original permit; (d) The Director may require that the permit holder provide additional information authorized by this Bylaw as a pre- condition to considering an application for a permit renewal, extension or modification; and (e) All terms and conditions set out in the original permit shall apply to each renewal, extension or modification of the permit except as amended or modified by the renewal, extension or modification. 7. Regulations 7.1 Tree Cutting or Removal 7.1.1 Every cutting or removal of a Protected Tree or Significant Tree shall comply with, and every permit issued under this Bylaw is subject to, the observance or fulfilment of the following requirements, restrictions and regulations, as well as the practices outlined in Schedule "C" of this Bylaw, to the satisfaction and approval of the Director: Bylaw No. 3135, 2014 Page 14 of 27 (a) Tree parts and wood waste shall be properly disposed of by chipping or removal from site in accordance with all applicable City Bylaws and Provincial regulations; (b) precautions shall be taken to ensure that trees which are not to be cut or removed are not subject to any of the damaging activities prohibited by Section 5.1.3; (c) no tree cutting or removal activities may be carried out between the hours of 6:00 p.m. and 8:00 a.m. the following day and between the hours of 6:00 p.m. and 9:00 a.m. on Sundays or holidays unless approved in writing by the Director; (d) all damage to drainage facilities, watercourses, highways or other public or private property arising from the removal of a tree shall be promptly and properly repaired to the satisfaction of the Director at the expense of the permit holder; (e) all watercourses, groundwater aquifers, waterworks, ditches, drains, sewers or other established drainage facilities shall be kept free of all wood waste arising from or caused by the tree cutting or removal operations; (f) all hazards or potential hazards associated with the tree cutting or removal operation shall be adequately fenced or otherwise barricaded so as to ensure the safety of the public; (g) tree cutting or removal operations must not encroach upon, undermine, damage or endanger any adjacent parcel or any setback area prescribed in the permit or a Bylaw; and (h) tree cutting or removal operations shall be limited only to the area specified in the permit which shall be clearly marked at the site and such markings maintained for the duration of the permit. 7.2 Replacement Trees 7.2.1 Where the Director has issued a permit, the following replacement tree requirements shall be followed: (a) each protected tree removed shall require two (2) replacement trees up to a maximum total at which the parcel will reasonably be expected to achieve fifty (50) protected trees per hectare and the total number of protected trees required on the parcel shall be determined using the formula in Schedule "A". (b) for the purpose of calculating whether the parcel will reasonably be expected to achieve fifty (50) protected trees per hectare under section 7.2.1(a), there shall be credit granted for: i) Retained protected trees on the parcel, each of which 3135.02 3135.02 Bylaw No. 3135, 2014 Page 15 of 27 shall count as a credit of one protected tree except when it is a significant tree, which shall count as a credit of three (3) protected trees; ii) Replacement trees shall count as a credit of one protected tree only if the replacement tree is of a species capable of reaching 30 cm DBH or greater at maturity. iii) Replacement trees shall count as a credit of two protected trees if the replacement tree is of a species capable of reaching 60 cm DBH or greater at maturity. (c) Notwithstanding section 7.2.1(b)(i), no credit will be granted in the calculation of 50 protected trees per hectare on a parcel for an existing protected tree that is dead, damaged, diseased, or in decline beyond expectation of recovery. 7.2.2 Notwithstanding section 7.2.1(a): (a) as an alternative to replacement trees, three (3) substitute trees may be planted for every protected tree that is removed, only on a parcel where at least one (1) protected tree is retained; and (b) if the protected tree removed is a hazard tree, only one (1) replacement tree shall be required up to a maximum total at which the parcel achieves 50 protected trees per hectare, or alternatively two (2) substitute trees shall be required on a parcel where at least one (1) protected tree is retained. 7.2.3 If a tree or trees located on any parcel form part of a hedge, for each tree removed, the Director may assess that less than one protected tree has been removed, for the purpose of calculating the replacement tree requirements in 7.2.1. 7.2.4 In the event that the replacement tree cannot, or need not, in the opinion of the Director, be accommodated on the parcel, the Director may require the applicant to plant the replacement tree on City owned property in a location designated by the Director. 7.2.5 As an alternative to the planting of a replacement tree (or replacement trees) on the parcel from which a tree has been removed, the Director, upon application by the owner and after considering the state of development and landscaping of the parcel, may accept from the owner payment in an amount specified in the Fees and Charges Bylaw, for the costs of purchasing, planting and one year's maintenance of a replacement tree on land owned by the City, in which case the Director shall cause such replacement tree (or trees) to be purchased and planted not later than twelve (12) months after receipt of such payment. 3135.02 3135.02 Bylaw No. 3135, 2014 Page 16 of 27 7.2.6 Replacement trees shall be planted and maintained in accordance with sound horticultural and arboricultural practices to the satisfaction of the Director. 7.2.7 Where the planting and maintenance of a replacement tree(s) or substitute tree(s) is required pursuant to this Bylaw, the owner shall provide a security in the amount of $500 for each replacement tree to be planted and maintained on the applicant's parcel, or $350 for each substitute tree to be planted and maintained on the applicant's parcel, in accordance with the requirements of Schedule "A", to a maximum of $10,000 per application. 8. Administration 8.1 Inspection 8.1.1 The Director is hereby authorized at all reasonable times to enter upon and inspect any lands to determine whether the requirements, restrictions, regulations, terms, conditions and directions of this Bylaw or a permit issued under this Bylaw are being observed. 8.1.2 Without limiting the generality of s. 8.1.1, the Director may, at all reasonable times, assess or inspect, or cause an assessment or inspection to be made of any Protected Trees to which this Bylaw applies, including an assessment of the location, size, species and condition of such trees, in the following circumstances: (a) Where land is the subject of an application for subdivision, approval of a servicing plan prior to subdivision, a Development Permit, a Development Variance Permit, a Temporary Commercial or Industrial Use Permit or a Building Permit; (b) When replacement trees have been planted as required by this Bylaw; or (c) When an application for a permit to carry out tree cutting or removal operations has been made under this Bylaw. 8.1.3 No person shall prevent or obstruct or attempt to prevent or obstruct the Director or designate from entering upon lands as authorized by Sections 8.1.1 and 8.1.2. 8.2 Notice of Non-compliance 8.2.1 The Director may give notice to any person of a breach of, or non- compliance with, any of the provisions of this Bylaw or a permit issued under this Bylaw, and such person shall immediately cease all tree cutting or removal activities until such breach or non-compliance is remedied to the satisfaction of the Director, and every owner of real property shall refuse to suffer or permit further tree cutting or removal operations upon the real property until such time as the breach or non-compliance is remedied to the satisfaction of the 3135.02 Bylaw No. 3135, 2014 Page 17 of 27 Director. 8.3 Failure to Remedy Non-compliance 8.3.1 In the event that a person having received notice under Section 8.2 fails within the time specified therein to remedy such breach, the City or its appointed agents may enter upon the real property and undertake, at the owner's or occupier's expense, the works required to remedy the breach. 8.4 Notice of Remedial Requirement 8.4.1 In addition to any other provision of this Bylaw, where a person cuts, removes or damages, or causes, suffers or permits any Protected or Significant Tree to be cut, removed, or damaged in contravention of this Bylaw or in violation of any term or condition of a permit issued under this Bylaw, that person, within 30 days of receiving notice of such requirement from the Director, shall: (a) Submit for the Director's approval a tree cutting and replacement plan in accordance with the requirements of Schedule "A", specifying the location and species of all replacement trees; and (b) Plant and maintain on the same parcel in accordance with the approved tree cutting and replacement plan a minimum of two (2) replacement trees for each tree unlawfully cut, removed or damaged and in the event the Director determines it is not feasible or practical to replace the trees on the same parcel, the replacement trees shall be planted on City land in a location designated by the Director. 8.4.2 In the event that a person having received notice under Section 8.2 fails within the time specified therein to remedy such breach, the City or its appointed agents may enter upon the real property and undertake, at the owner's or occupier's expense, the works required to remedy the breach. 8.5 Suspension or Cancellation of Permit 8.5.1 Without limiting the application of Section 9 (Offences and Penalties), if: (a) There is a contravention of any term, condition, requirement or restriction of this Bylaw or a permit issued under this Bylaw; or (b) A permit was issued under this Bylaw on the basis of statements made in the permit application or a report, declaration or record required under this Bylaw, that were false or misleading with respect to a material fact or that omitted to Bylaw No. 3135, 2014 Page 18 of 27 state a material fact, the omission of which made the statement false or misleading; the Director may: (i) Suspend in whole or in part the rights of the permit holder under the permit; (ii) Cancel the permit; or (iii) Amend or attach new conditions to a permit. 8.6 Right of Reconsideration 8.6.1 Where an owner or occupier of real property is subject to a requirement or a decision made by the Director under this Bylaw, the owner or occupier may apply to the City Council for reconsideration of the matter. 8.6.2 There is no charge for an application for reconsideration. 8.6.3 An owner or occupier who wishes to have a decision reconsidered by Council must apply for the reconsideration by delivering to the Director of Corporate Services, within 30 days after the decision is communicated in writing to the owner or occupier, a reconsideration application in writing, which must set out all of the following: (a) The date of the decision and the nature of the decision; (b) Reasons why the owner or occupier considers the Director's decision or requirement to be inappropriate; (c) The decision the owner wishes to have Council substitute for the Director's decision, with brief reasons in support of the request; and (d) A copy of any materials considered by the owner to be relevant to the reconsideration by Council; 8.6.4 A reconsideration application must be considered by Council at a regular meeting of Council held no more than four weeks after the date on which the reconsideration application is delivered to the Director of Corporate Services; 8.6.5 The Director of Corporate Services must: (a) Place each reconsideration application on the agenda for a regular meeting of Council in accordance with Section 8.6.4; (b) Give notice of each reconsideration by Council in accordance with any notice requirements in respect of the original application that are set out in the Development Procedures Bylaw or the applicable legislation; and (c) Before each reconsideration by Council, deliver to each Council member a copy of the materials that were considered by the Director in making the decision that is to be reconsidered. 3135.02 Bylaw No. 3135, 2014 Page 19 of 27 8.6.6 In reconsidering a decision, Council must consider the material that was considered by the Director in making the decision; 8.6.7 At a reconsideration of a decision, the owner or occupier and any other person who is interested in the decision are entitled to be heard by Council; 8.6.8 Council is entitled to adjourn a reconsideration of a decision; and 8.6.9 After having reconsidered a decision, Council may either confirm the Director's decision, amend the Director's decision, or may set aside all or part of the Director's decision and substitute the decision of Council. 8.7 Recovery of Costs And Fees From Real Property Taxes 8.7.1 The costs of fees and actions taken by the City under this Bylaw may be collected by the City in the same manner as real property taxes and will be added as arrears of taxes if unpaid by December 31 in the year in which the costs are incurred. 8.8 Security for Replacement Trees or Substitute Trees 8.8.1 The security required in Section 7.2.7 may be submitted in the form of cash, cheque, or irrevocable letter of credit, bank draft or in a form satisfactory to the Director. 8.8.2 Full security for each replacement tree or substitute tree held by the City will, upon application by the owner, be returned to the permit holder no less than six (6) months from the date of planting, upon approval by the Director that each replacement tree or substitute tree has been planted in a healthy condition based on evidence provided by the owner. 8.8.3 If an owner fails to or refuses to plant the required number, size, and type of replacement trees or substitute trees in the specified locations within one year after the removal of a protected tree, the City will claim the securities. 8.8.4 If an owner determines it is not feasible or desirable to provide replacement trees or substitute trees on the same parcel on which the protected trees were removed, the owner may request the Director to convert the securities towards the cash-in-lieu payment specified in Section 7.2.5. 9. Offences and Penalties 9.1 Any person who contravenes or violates any provision of this Bylaw or of any permit issued under this Bylaw, or who suffers or allows any act or thing to be done in contravention or violation of any of the provisions of this Bylaw or any permit issued under this Bylaw, or who fails or neglects to obey any order, 3135.02 Bylaw No. 3135, 2014 Page 20 of 27 direction or notice given under this Bylaw or any permit issued under this Bylaw, commits an offence against this Bylaw and is liable on summary conviction to a fine of $10,000 in addition to the costs of prosecution. 9.2 Where one or more Protected Tree is cut or removed other than as authorized by this Bylaw, or more than one Protected Tree is not replaced or maintained in accordance with a permit issued under this Bylaw, a separate offence is committed in respect of each such tree. 9.3 Where the offence is a continuing one, each day that the offence is continued shall constitute a separate offence. 9.4 Notwithstanding Section 9.1, any person who is guilty of obstructing the Director or Officer or their appointed designates while performing his/her duties in relation to this Bylaw is liable upon summary conviction to a fine of not less than $1,000.00, or to imprisonment for not more than 6 months, and the cost of prosecution. 10. Severability 10.1 If any part, section, sub-section, sentence, clause or sub-clause of this Bylaw is for any reason held to be invalid by the decision of any Court of competent jurisdiction, the invalid section shall be severed and the decision that it is invalid shall not affect the validity of the remaining portions of this Bylaw. 10.2 Section headings do not form part of this Bylaw. They are included for convenience only and must not be used in interpreting this Bylaw. 11. Repeal 11.1 "Tree Regulation for Public Lands Bylaw No. 1765, 1995" and any amendments thereto are hereby repealed. PASSED FIRST READING 2014-NOV-24 PASSED SECOND READING 2014-NOV-24 PASSED THIRD READING, AS AMENDED 2015-MAR-16 ADOPTED 2015-APR-20 _____________________________ ______________________________ Phil Kent, Mayor Karen Robertson, Director of Corporate Services 3135.02 Bylaw No. 3135, 2014 Page 21 of 27 SCHEDULE "A" REPLACEMENT TREES Where replacement trees are required to be provided pursuant to this Bylaw, such replacement trees shall be provided and planted as follows: 1. For tree removals on properties containing a single family dwelling, tree removal not related to demolition or construction of a new single family dwelling requires the following tree replacement: 1.1 Deciduous replacement trees are to be a minimum of 2m in height or of a minimum 6cm caliper*, 1.2 Coniferous replacement trees are to be a minimum of 2m in height. 2. For tree removals under permits related to construction, demolition, Rezoning, Development Permits, Subdivisions or Building Permits for all properties other than properties containing single family dwellings: 2.1 Every deciduous replacement tree shall be of the minimum caliper* specified in Column 3 of Table 1 of this Schedule, 2.2 Every coniferous replacement tree shall be a tree of the minimum height specified in Column 2 of Table 1 of this Schedule. 3. Every replacement tree shall be spaced from existing trees and other replacement trees in accordance with an approved landscape plan and in all cases shall be planted in accordance with the current BCSLA (British Columbia Society of landscape architects) or BCLNA (British Columbia Landscape & Nursery Association) Landscape Standards, and all replacement trees shall meet current BCSLA or BCLNA standards. Table 1 DBH of Tree Cut or Removed Minimum Height of Coniferous Replacement Tree Minimum Caliper* of Deciduous Replacement Tree COLUMN 1 COLUMN 2 COLUMN 3 Up to 30cm (12") 2.5 m (8.2 ft) 6 cm (2.5") 30-60 cm (12" - 24") 3.5 m (11.5 ft) 8 cm (3") 60cm + (24" +) 4.5 m (14.8 ft) 10 cm (4") * Caliper size is the caliper width, or diameter, of a tree at 15cm height from the ground. Bylaw No. 3135, 2014 Page 22 of 27 4. The table below shall be used to reference the number of protected trees required to achieve 50 protected trees per hectare: Table 2 Parcel Size Area (m2) Protected Trees Required < 300 1 300 - 499 2 500 - 699 3 700 - 899 4 For any other parcel, the number of protected trees required to achieve 50 protected trees per hectare shall be calculated by the following formula: Parcel area (m2) x 50 = Number of protected trees required (rounded) 10,000 (m2) 3135.02 Bylaw No. 3135, 2014 Page 23 of 27 Schedule B replaced by Bylaw 3135.01 Bylaw No. 3135, 2014 Page 24 of 27 Bylaw No. 3135, 2014 Page 25 of 27 SCHEDULE "C" TREE PROTECTION PRACTICES 1. Ensure all Protected Trees are tagged with uniquely-numbered plastic tree tags. 2. Have a Consulting Arborist prepare a Tree Protection Plan in accordance with Schedule "D" of this bylaw, and review with Proponent, Design Consultants (particularly Qualified Professional Engineer, Architect and Landscape Architect), General Contractor and relevant sub-contractors. 3. Erect sturdy, well-signed, tree protection barriers prior to commencement of demolition, site preparation or construction in accordance with Schedule "D", and continuously maintain the fence and signage until the completion of the work proposed to be carried out on the land to which the permit applies. 4. Conserve trees in groups, where possible. Conserve growing soils and "place- holders" for new trees, when planning your site. 5. Discuss site access, storage, servicing, blasting and work-sequencing requirements with your Contractor and resolve any conflicts with the Protected Tree areas or measures. 6. When blasting, ensure that explosive materials are selected that minimize combustible gases, which may otherwise harm roots. "Pre-shearing" and low "particle velocities" will also help to minimize root trauma. 7. Store all excavation and building material away from retained trees. 8. Use an access route to the subject site that avoids impact on the protected root zones of adjacent trees. 9. Locate concrete washout areas away from retained trees (preferably down slope) and away from proposed and existing garden areas. 10. Where tree roots are impacted by digging or other site activities, damaged roots should be pruned cleanly just before the point of impact with a sharp pruner or saw. Roots cut by excavation must be immediately wrapped in a root curtain of wire mesh lined with burlap surrounded by posts, and the root curtain must be kept moist throughout the construction process. 11. Make use of new techniques and products to broaden the number and efficiency of the proposed tree protection options (e.g. hydraulic excavation, vertical shoring, on-grade road or sidewalk construction, pier and post construction, structural soils, permeable pavers etc.). Consult a certified arborist or landscape architect. 12. Apply a 10cm layer of tree chip mulch to Protected Tree areas to retain moisture, improve nutrients and increase beneficial soil biology. 3135.02 Bylaw No. 3135, 2014 Page 26 of 27 SCHEDULE "D" TREE PROTECTION PLANS: REPORTING STANDARDS FOR CONSULTING ARBORISTS 1. Written Report and Summary (a) Executive Summary (project and proponent info, Summary Tree Resource stats, total trees proposed for removal, retention and replacement) (b) Introduction (project background and consultant's assignment) (c) Site observations (including aerial context photo) (d) Description and Evaluation of Tree Resource, including risk assessment (e) Discussion of Proposed Site Plan, including potential tree impacts. (Should address grading plan, site servicing, building elements and landscape grading, soil preparation, planting plan and proposed hardscape, irrigation and lighting elements.) (f) Proposed classification of trees to be removed or retained. (g) Discussion and recommendations for Tree Protection Measures 2. Tree Inventory Table (append to Plan) (a) Tree tag #, Common Name, DBH, Canopy Breadth, Protected Root Zones, Biological Condition, Structural Condition, Defects, Micro-site conditions 3. Tree Protection Drawing (append to Plan) (a) Topographic Tree Survey elements (north arrow, land contours, tree locations, property lines, roads, driveways, etc.) (b) Site Plan Element overlays (architectural, grading, servicing, landscape) (c) Protected Tree tag #s, labels, canopy extents, calculated and protected root zone extents (d) Replacement Tree labels and locations (e) Proposed Tree Protection Barrier alignment (f) Protective measures notes 4. Tree Protection Fencing Detail (appended to Plan) in accordance with Schedule "E" to this Bylaw. Bylaw No. 3135, 2014 Page 27 of 27 Amended by Bylaw 3135.01 SCHEDULE "E" TREE PROTECTION BARRIER REQUIREMENTS