This is the exact embedded text of the captured official document.
Snapshot d53d28c8fb65 · verified 2026-06-08 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
t
DIS'RICT OF HOPE
TREE PROTECTION BYLAW,1995
Bylaw No. 20/95
WHEREAS Section 929 of the Municipal Act provides that Council may, by
bylaw, allow for the protection and preservation of trees, and the issuance of tree
cutting permits;
NOW, THEREFORE, the Council of the District of Hope, in open meeting
assembled, enacts as follows:
1.
This bylaw may be cited as the "Tree Protection Bylaw, 1995".
2.
In this bylaw, unless the context otherwise requires:
Barrier" means any physical barrier including a fence, frame or guard, or
any conspicuous identification, survey tape, or any other device placed on;
around, or neaz a tree for the purpose of protecting it from injury, harm or
to indicate retention;
Clearcut Logging" means the cutting down of trees on a parcel of land
but does not include:
i) the cutting down of not more than 3 trees for every full 0.5 hectares
of land in a parcel for any reason in any 12-
month period,
or
ii) the cutting down of trees required to cleaz a site for a building,
driveway, septic field or utility corridor, or
iii) the cutting down of trees which are dead, diseased or damaged by a
natural cause.
Cutting ' or "Cut"
means the cutting or knocking down or cutting into any
or all parts of any tree and shall include "topping";
Municipal Engineer'' means the Municipal Engineer of the District of
Hope, or designate;
Owner" means the registered owner or owners of an estate in fee simple
in respect of which a permit is applied for, or a person authorized by the
owner or owners in writing;
Pruning" means the cutting away of dead or overgrown branches;
Qualified Person" means
a registered professional forester, registered
landscape architect, professional azborist or a professional engineer with
experience in geotechnical engineering, hydrology, and tree management;
Replacement Tree" means a tree planted on a property to replace
a tree
which has been cut down on the same property;
Security" means the monies required by the municipality as assurance of
the successful completion of all works and site reinstatement according to
this bylaw and the tree cutting permit;
Topping" means the removal of the dominant leader or leaders of a tree;
Tree" means a member species of coniferous or deciduous genus with a
diameter greater than 20 cm (8 inches) measured 90 cm (3 feet) above the
ground;
Tree Cutting Permit' means a tree cutting/removal permit issued in the
form of Schedule A;
Tree Cuttih-
d Replacement ~n" ;
Weans
a pl~
based
on the tree
survey which shows the trees proposed to be cut and the location, size
height and caliper) and species of replacement trees to be planted upon
the subject site;
Tree Survey'' means
a plan showing
the location, species
and trunk
diameter of all existing trees on a subject site having a diameter greater
than 20 cm (8 inches) at a point 90 cm (3 feet) above the ground. In the
case of multi-stemmed trees, the diameter shall be measured around all the .
stems together.
3.
With the exception of trees within 5 m, measured horizontally from the top
of the bank of all stream courses or ravines, and trees on steep slopes with
grades in excess of 2 horizontal to
1 vertical, the following
are exempt
from the provisions of this bylaw:
a)
all lots designated single-family residential, rural residential,
agricultural, commercial or industrial in the Official Community
Plan, as amended, which are without sufficient lot area to create
two or more new lots within the requirements of the existing
zoning, pursuant to the Zoning Bylaw, as amended, and in no case
are greater than 0.5 ha in area;
b)
surveyors cutting survey lines having a width of less than 2 m;
c)
removal or pruning of dead, diseased or damaged trees or the
removal of hazardous trees or branches by standard arboricultural
practices including topping;
d)
municipal road and utility rights-of--
way in order to facilitate the
construction of municipal capital works;
e)
pruning;
f) lands classed as tree farms by the British Columbia Assessment
Authority;
g)
where lands are rendered undevelopable by any provision of this
bylaw, cutting of trees to allow a use and development to the
density permitted by the Zoning Bylaw by a permit issued in
accordance with the other provisions of this bylaw;
h)
where 2%
or less of all trees on a property are being removed;
i) municipal park and recreation facilities.
4. (
a)
No person shall cut any tree in the District without first applying
for a tree cutting permit as required under this bylaw.
b)
A permit shall be issued in the form attached as Schedule A.
c)
For the duration of the permit, the permit shall be visibly displayed
in a protected, accessible, conspicuous position on the subject
lands and shall be made available to the Municipal Engineer upon
request.
d)
On receipt of a completed application for a tree cutting permit, the
Municipal Engineer may:
i) issue the permit under such terms and conditions as are
deemed appropriate;
ii) refuse to issue the permit and shall provide written notice
of the reasons for refusal within I S days of the date of
refusal.
e) Wit-
t affecting`the generality of the bylaw~ee cutting permits
shall be governed by the follcwving regulations:
i) When subdivision or development of a property is not
contemplated;
1)
a tree cutting permit may be granted for a maximum
period of one year;
2)
trees shall not be removed within 5 m of the interior
lot line boundary;
3)
trees shall not be removed within 10 m of an
exterior lot line, except for area required for
driveway access and service connections.
f) When a subdivision or a development application has been filed
with the municipality, the applicant may be required to submit:
i) a tree survey as defined in this bylaw;
ii) where the tree stand is so dense as to render individual tree
enumeration difficult, the tree survey may show clusters of
trees;
iii) except as specifically approved in the permit, a tree cutting
and replacement plan in accordance with good
arboricultural practice as determined by a qualified person.
g)
Prior to issuance of a tree cutting permit, an applicant may be
required to submit, at his expense, a report prepared by a qualified
person, justifying the need for tree removal and demonstrating that
the proposed cutting will not create such adverse impact as danger
of flooding ,erosion, land slip or contamination of watercourses.
a)
Municipal staff may enter any property at any reasonable time for
the purposes of administering and enforcing this bylaw, or carrying
out an assessment or inspection of specified trees or sites for the
purposes of this bylaw.
b)
The Municipal Engineer may suspend work carried out under a tree
cutting permit if the tree cutting is not being undertaken in
accordance with the terms and conditions of the permit.
6. (
a)
Applications for a tree cutting permit shall be made to the
Municipal Engineer by completing the form attached as Schedule
B.
b)
Unless otherwise required by the Municipal Engineer, applications
shall be accompanied by:
i)
a letter explaining the reasons for the proposed tree cutting;
ii)
letter of authorization where the applicant does not own the
subject land;
iii)
a tree survey;
iv)
a tree cutting and replacement plan where applicable;
v)
a report from a qualified person, where required;
vi)
proof of liability insurance carried by the tree removal
company retained.
Tree cutting
and replacement
shall
be strictly in accordance with the
conditions imposed by this bylaw and any conditions specified in the
permit including:
i) protective barriers shall be installed and approved prior to tree
cutting;
ii) disposal of tree parts on site shall be by chipping or burning in
accordance with provincial and municipal regulations;
iii) restncted hours of operation pursuant to the Noise Prevention
Bylaw No. 370, 1963;as amended.
8.
Anon-refundable application fee shall be paid, as follows: Abase fee of
25.00, plus $2.00 per tree proposed to be removed.
9. (
a)
The applicant is required to submit a security deposit for full and
proper compliance with the provisions of this bylaw and the
performance of all terms and conditions expressed in the permit,
including provision of all replacement trees and materials required
for site reinstatement.
b)
The security shall be in the form of a cash deposit or irrevocable
letter of credit drawn upon a chartered bank in a form acceptable to
the municipality.
c)
The amount of the security deposit shall be 100%
of the value of
all replacement trees and site restoration materials and measures
required by the municipality, as estimated by a landscape architect
and/or other qualified persons.
d)
There shall be a 10%
holdback of the value of all restoration
materials for a period of one year afer the date of expiry of the
permit, or in cases in which the work has not been completed to the
satisfaction of the municipality, the holdback period shall be one
year from a date determined by the municipality.
e)
Should the permit holder fail to comply with the said terms and
conditions of the permit, the municipality may have its forces or
contractors enter onto the property and perform such work as is
necessary to restore the lands to the conditions specified in the
permit, and may retain all or a portion of the security to cover the
cost of such work.
10. (
a)
The Council may require the owner or occupier of real property to
trim, remove or cut dawn a tree, hedge, bush or sluvb on the
property if the Council considers that it is:
i) a hazard to the safety of persons;
ii) likely to damage public property; or
iii) seriously inconveniencing the public.
b)
Council may serve notice upon the owner that the municipality will
take the required action at the expense of the owner, if the owner
does not take the required action.
c)
In the case of Section 10(a)
of this bylaw, the owner shall have five
days from service to comply.
d) If the owner does not take the required action within the time
period referred to in Section 10(c),
the municipality, by its
employees or others, may enter the real property and effect that
action at the expense of the owner.
e)
If the owner does not pay the costs of the action under that section
on or before December 31 in the year in which the costs were
incurred, the costs shall be added to and form part of the taxes
payable on the real property as taxes in arrears.
11.
Unless otherwise specified in the permit, where the holder of a permit does
not substantially complete the tree cutting and planting of replacement
trees specified in the permit within one year after the date of issuance; the
permit lapses. In this event, all security monies may be withheld and used
by the municipality to ensure appropriate site restoration.
12.
Where treee removedin contravention of this byl~:
a)
the appropriate penalty as provided in the bylaw shall apply;
b)
remedial measures stipulated hereunder shall be taken:
i) a replacement plan shall be submitted;
ii) replanting is required at a ratio of two replacement trees for
each tree removed;
iii) replacement trees shall be specified in accordance with
good arboricultural practice as determined by a qualified
person but need not be of the same species as those which
were removed;
iv) the minimum size of replacement trees shall be a height of
4.0 m for conifers and a trunk diameter of 8.0 cm measured
at 50 cm above the root crown for deciduous species;
v) maintenance requirements shall be specified in the
replacement plan and carried out in accordance with the
specifications.
13. ( a)
Every person who violates any of the provisions of this bylaw, or
acts in contravention of this bylaw, shall upon summary conviction
therefor, be liable to a fine of not more than $2,
000.
00 for each tree
unlawfully cut down or damaged.
b)
The terms of this section shall apply upon the municipality serving
notice to an owner or person who violates any of the provisions of
this bylaw.
c)
Where appropriate, an order to restore the damage caused by the
offence by replanting and other means shall be made.
READ A FIRST TIME THIS
14th
DAY OF
August, 1995.
READ A SECOND TIME THIS
READ A THIRD TIME THIS
ADOPTED THIS
MAYOR
14th
DAY OF
14th
DAY OF
27th
DAY OF
August, 1995.
November; 1995.
November, 1995.
MUNICIPAL CLERK
M.
a
TREE PROTECTION BYLAW
Bylaw No. 20/95
SCHEDULE A
DISTRICT OF HOPE
TREE CUTTING PERMIT
Permit No.
Date:
This Permit is issued to:
Name and address of Permittee)
for tree cutting on
Civic address and legal description of Cutting Site)
pursuant to the provisions of Tree Protection Bylaw, Bylaw No. 20/95, subject to:
1.
Tree cutting being undertaken strictly in accordance with the terms and
conditions of this permit, and any plans and specifications attached hereto
as part of this permit.
2.
Deposit of the required security (Section 9, Bylaw No.20/
95)
and
permission being given to the Municipal Engineer to enter the Cutting Site
when necessazy.
3.
Other conditions as follow:
THIS PERMIT EXPIRES ON
Date)
Municipal Engineer
r' -'1
TREE PROiECT.ION BYLAW
Bylaw No. 20/95
SCHEDULE B
DISTRICT OF HOPE
Date:
NAME:
ADDRESS:
PHONE:
APPLICATION FOR TREE CUTTING PERMIT
The above-named hereby applies for a Tree Cutting Pernut as required by
the Tree Protection Bylaw, Bylaw No. 20/95 (the Bylaw) for the subject
lands identified as:
Civic address and legal description of Cutting Site)
2.
Cash or an irrevocable Letter of Credit in the amount of $
is herewith
deposited with the District of Hope as required by the Bylaw to ensure site
restoration and/or installation of replacement trees on the Cutting Site.
3.
The above-named applicant hereby covenants and agrees as follows:
a)
To complete the planting of the said replacement trees and/or site
restoration work within the time specified in the permit.
b)
To grant permission to the Municipal Engineer, or his designate, to
enter the Cutting Site as required to ensure the terms of the
Tree Cutting Permit are being met.
c)
To obtain from any person to whom the applicant proposes to
transfer the Cutting Site, or any interest therein, prior to the
substantial completion of the said planting of replacement trees or
site restoration, a form of permission as noted in the previous
section duly executed by the transferee, and to deliver the form to
the District of Hope.
4.
Accompanying this application are:
a)
a letter explaining the reasons for the proposed tree cutting;
b)
a letter of authorization from the owner of the Cutting Site, if the
applicant is not the owner;
c)
a tree survey of the Cutting Site;
d)
a tree cutting and replacement plan where applicable;
e)
a report from a qualified person, where required; and
f) name, address and telephone number of the tree removal company
retained and proof of liability insurance carried by the company.
i
Signature of Applicant)