Tree Protection Bylaw 2019 No. 5478

Langley, British Columbia · adopted 2019-07-08

This is the exact embedded text of the captured official document. Snapshot 8f4d57920ff7 · verified 2026-08-28 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

THE CORPORATION OF THE TOWNSHIP OF LANGLEY TREE PROTECTION BYLAW 2019 NO. 5478 CONSOLIDATED FOR CONVENIENCE ONLY EXPLANATORY NOTE Bylaw 2019 No. 5478 is to regulate, prohibit and impose requirements for tree cutting and tree protection. Amending Bylaw 2021 No. 5712 - adopted July 26, 2021 Bylaw 2021 No. 5712 amends Tree Protection Bylaw 2019 No. 5478 by setting forth new inspection and enforcement provisions for tree conservation on private property and on land owned or in the possession of the Municipality, and to protect and enhance tree canopy coverage throughout the lifecycle of trees by: regulating tree protection, prohibiting and penalizing damage to protected trees, prohibiting and penalizing the removal of protected trees without a permit, and regulating and imposing requirements for protected tree preservation, removals, and replacements through a permit process. Amending Bylaw 2023 No. 5838 - adopted March 13, 2023 Bylaw 2023 No. 5838 amends Tree Protection Bylaw No. 5478 by providing for exemptions within building envelopes, driveway locations, for dead and dying trees, removing the requirement for replacement trees by providing provisions for cash-in-lieu, and removing the requirement to demonstrate undue hardship. Amendments through Bylaw 5838 will be in effect for all in-stream, unissued permits and all new applications received on or after March 14, 2023. Amending Bylaw 2024 No. 5987 - adopted February 26, 2024 Bylaw No. 5987 amends Tree Protection Bylaw No. 5478 by updating language related to cash-in-lieu and transferring the calculation of cash-in-lieu fees to Fees and Charges Bylaw 2006 No. 4616, as amended. THIS IS A CONSOLIDATED BYLAW PREPARED BY THE CORPORATION OF THE TOWNSHIP OF LANGLEY FOR CONVENIENCE ONLY. THE TOWNSHIP DOES NOT WARRANT THAT THE INFORMATION CONTAINED IN THIS CONSOLIDATION IS CURRENT. IT IS THE RESPONSIBILITY OF THE PERSON USING THIS CONSOLIDATION TO ENSURE THAT IT ACCURATELY REFLECTS CURRENT BYLAW PROVISIONS. THE CORPORATION OF THE TOWNSHIP OF LANGLEY TREE PROTECTION BYLAW 2019 NO. 5478 WHEREAS the Community Charter, S.B.C. 2003 c. 26 authorizes Council to regulate, prohibit or impose requirements in relation to Trees; AND WHEREAS Council deems it desirable to regulate, prohibit, and impose requirements for tree cutting and tree protection; NOW THEREFORE, the Council of the Corporation of the Township of Langley in Open Meeting Assembled, ENACTS AS FOLLOWS: 1. Title This Bylaw may be cited for all purposes as "Tree Protection Bylaw 2019 No. 5478." 2. Definitions For the purpose of this Bylaw the following words have the following meanings: "Arborist" means a person, currently certified by the International Society of Arboriculture (ISA). "Arborist Report" means a technical report prepared by an Arborist, which shall include the following: a) information relevant to the purpose for which the report is to be submitted to the Municipality, including, but not limited to, surveyed location, species, size, and condition of the subject protected tree or protected trees; b) the reasons for any proposed removal of a protected tree or protected trees; c) clear photographs of the protected trees, illustrating reason for proposed removal; and d) description of the recommended tree protection and mitigation measures for any trees being retained, including trees on neighbouring properties. "Council" means the municipal Council of the Township of Langley. "Critical Root Zone" means the area of land surrounding the trunk of a protected tree contained within a circle of radius equal to the dbh of the protected tree multiplied by 6. "Cutting or Removal or Cut or Remove" means to kill, remove or substantially destroy a protected tree by any means, including without limitation, knocking down or cutting into the protected tree, the topping of a protected tree and the cutting of any main stem or other leader or trunk. "DBH or dbh (Diameter Breast Height)" means the diameter of the trunk of a protected tree measured at a point 1.4 metres above the natural grade, except where the diameter of a protected 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. "General Manager" deleted by Bylaw #5838 #5712 26/07/21 #5712 26/07/21 #5712 26/07/21 #5712 26/07/21 #5712 26/07/21 #5838 13/03/23 #5838 13/03/23 #5838 13/03/23 "Drip Line" deleted by Bylaw #5712 "Hazard Tree" deleted by Bylaw #5712 "Hedge" means a row of three or more protected trees, where the distance between the outside of one trunk and the next is 2 metres or less adjacent to the next tree, that are pruned and maintained for the purpose of forming a continuous dense screen for privacy, fencing and/or boundary definition that is no more than 10 metres in height. "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. "Imminent Failure" means the failure of a protected tree has started and is most likely to occur in the near future, even if there is no wind or increased load. Immediate action may be required to protect people from harm. "Municipality" means the Corporation of the Township of Langley including its staff authorized by Council to carry out the powers and duties outlined in this Bylaw. "Owner" has the meaning set out in the Community Charter, and includes a strata corporation as defined in the Strata Corporation Act. "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 Municipality under authority of this bylaw to cut or remove a protected tree or protected trees. "Protected Tree" means: a) any tree, including multi-stemmed trees, within the Township, regardless of species, having a dbh of 20 centimetres or more or, where measurement of the dbh at 1.4 metres from the ground is impossible or impractical, the dbh shall be measured at the natural grade of the ground; b) a replacement tree previously planted as required by the Subdivision and Development Servicing Bylaw 2019 No. 5382, as amended or replaced from time to time; c) a tree with evidence of nesting or use by: i. raptors, as defined in the Wildlife Act, R.S.B.C. 1996, c. 488; ii. osprey; iii. pileated woodpecker iv. heron colony; or v. a hummingbird; and d) any tree, regardless of height or dbh, where located on land that is in the ownership or possession of the Municipality. "Pruning" means the selective removal of branches, according to arboricultural techniques in "ISA Best Management Practices: Pruning" to improve quality, or to remove dead or diseased wood, or to correct undesirable growth patterns. "Public Utility" means the Municipality, B.C. Hydro Authority, Telus, FortisBC, and any other utility company or its contractors providing a public service or utility. #5712 26/07/21 #5712 26/07/21 #5712 26/07/21 #5712 26/07/21 #5712 26/07/21 #5712 26/07/21 #5712 26/07/21 #5712 26/07/21 #5838 13/03/23 #5838 13/03/23 #5838 13/03/23 #5987 26/02/24 "Qualified Tree Risk Assessor" deleted by Bylaw #5712 "Replacement Tree" deleted by Bylaw #5838 "Sound Horticultural and Arboricultural Practices" means planting, pruning, and practices as defined by Best Practices of the International Society of Arboriculture (ISA), and the standards put forth in the most recent edition of the "Canadian Landscape Standard as published by the CSLA/CNLA". "Specimen Tree" deleted by Bylaw #5838. "Stream" includes any of the following that provides fish habitat: a) any "Fish Bearing" Class "A", or "Non-Fish Bearing", Class "B" and "C" watercourse based on the Township of Langley's Watercourse Classification Map, or other current information from the Federal Department of Fisheries and Oceans, and/or the Provincial Ministry of Forest, Lands, and Natural Resources Operations; b) a watercourse, whether it usually contains water or not; c) a pond, lake, river, creek or brook; or d) a ditch, spring, or wetland that is connected by surface flow to something referred to in paragraph b) or c) of this definition. The Municipality will ask for further environmental site evaluation by a Qualified Professional, in order to satisfy Township policies and procedures related to environmental sustainability goals and climate change mitigation policies. "Topping" means the removal of major portions of a tree crown by cutting branches to stubs or to the trunk or cutting of the main leader or branches, and includes re-topping of previously topped protected trees as defined by the International Society of Arboriculture. "Tree" deleted by Bylaw #5712 "Tree Protection Barrier" means a sturdy protection barrier or temporary fence at least 1.2 metres in height, installed around the critical root zone of a protected tree that is to be retained as per Schedule "A". "Tree Retention Area" means those areas within the Municipal boundary of the Township of Langley. "Tree Risk Assessment Qualification" (TRAQ) means an Arborist with additional training and qualified by the International Society of Arboriculture as proven proficient in basic tree risk assessment as defined in the "ISA Best Management Practices: Tree Risk Assessment". "Undue Hardship" deleted by Bylaw #5838. "Watercourse" deleted by Bylaw #5712 #5712 26/07/21 #5712 26/07/21 #5712 26/07/21 #5838 13/03/23 #5712 26/07/21 #5712 26/07/21 #5712 26/07/21 #5712 26/07/21 #5712 26/07/21 #5838 13/03/23 #5838 13/03/23 #5838 13/03/23 #5838 13/03/23 3. Application of Standards Except as otherwise set out in this bylaw, the standards and requirements for property prescribed in this bylaw apply to protected trees which are: a) On land owned or in the possession of the Municipality b) On a privately-owned parcel of land in the Municipality c) within a development permit area; d) within a tree retention area; or e) identified for retention and protection as part of a subdivision, development permit or building permit approval process. This bylaw does not apply to: f) private land used for the production or cutting of protected trees under a valid, existing licence for a tree farm, nursery or Christmas trees; or g) land that is currently designated as Agricultural Land Reserve as defined under the Agricultural Land Commission Act; or h) land that is subject of a development application. 4. Schedule and Severability If any section, subsection, sentence, clause or phrase of this bylaw is for any reason held to be invalid by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this bylaw. This Bylaw is cited as "Tree Protection Bylaw No. 5478". RESTRICTIONS AND EXEMPTIONS 5. Restrictions 5.1. A person must not cut or remove any protected tree, or cause, suffer or permit any protected tree to be cut or removed, except in accordance with the terms and conditions of a valid permit issued under this bylaw. 5.2. A person must comply with the terms and conditions of a permit issued under this bylaw. 5.3. Except to the extent permitted by a permit, or as provided for in Section 6 and Section 8, a person must not damage a protected tree by carrying out any of the following activities: a) cutting or damaging the roots of a protected tree growing within the critical root zone; b) operating trucks, backhoes, excavators or other heavy equipment within the critical root zone of any protected tree; c) storing or placing fill, building materials, asphalt or a building or structure on land inside the critical root zone of a protected tree; d) denting, gouging, tearing, girdling, piercing or otherwise damaging the trunk or removing bark from a protected tree; #5712 26/07/21 #5712 26/07/21 #5712 26/07/21 #5838 13/03/23 #5838 13/03/23 e) depositing concrete washout or other liquid or chemical substances harmful to the health of a protected tree, or burying garbage or debris on land inside the critical root zone of a protected tree; f) adding or removing soil from inside the critical root zone of a protected tree; g) blasting or burning inside the critical root zone of a protected tree; h) cutting back a protected tree's branches contrary to sound horticultural and arboricultural practices so as to significantly alter the form of the tree canopy consistent with the typical form of the species, except if the protected tree forms part of a hedge; i) trenching utilities or irrigation lines, or otherwise undermining the roots of a protected tree growing inside the critical root zone; or j) altering the ground water or surface water level within the critical root zone of a protected tree. 5.4. Not including trees in a Streamside Protection and Enhancement Area, a permit to cut or remove a protected tree may be issued by the Municipality only in the following circumstances: a) Where the Municipality, or an engineer employed by any public utility, certifies that in their opinion a tree is impairing, interfering with, or presents a risk or hazard to the operation of public utility equipment and appurtenances and that the impairment, interference or risk cannot be reduced or removed in any way other than the removal of the protected tree; b) Where a protected tree is situated on a lot outside the Agricultural Land Reserve, which is zoned to permit agricultural use and the application is accompanied by an Arborist report and by a sworn declaration of the owner declaring that the protected tree is to be cut or removed to permit agricultural use, that the agricultural use cannot be located elsewhere on that lot so as to accommodate the protected tree, and where the owner enters into a restrictive covenant registered on the title of the lot documenting that the owner has agreed not to make application for development of the lot for a period of ten (10) years, and that all applicable provisions of this bylaw, as determined by the Municipality, will apply should the development application be considered for the lot within the ten (10) year period. c) Where the Owner submits an application for tree removal supported by photographic evidence that the tree(s) are dead, dying, damaged, diseased or in decline beyond expectations of recovery; d) Where the Owner submits an application for tree removal for a protected tree in imminent failure; e) Where the Owner submits an application for tree removal related to a building permit application permitted by Zoning Bylaw 1987 No 2500 as amended or replaced from time to time, or amended by an approved Board of Variance application, and where the building envelope or septic field layout, location, or shape will impact the viability of the protected tree; f) Where the Owner submits an application for tree removal related to a driveway application permitted by the Highway and Traffic Bylaw 2020 No 4758, as amended or replaced from time to time, where the driveway layout, location, or shape will impact the viability of the protected tree; or g) Where the protected tree, by virtue of its size and species, is inappropriate for its location, supported by an Arborist report which documents the reasons that #5838 13/03/23 the protected tree, by virtue of its size, species, and location is inappropriate, all to the satisfaction of the Municipality. 5.5. Deleted by Bylaw #5838 6. Exemptions 6.1. A permit is not required to cut or remove a protected tree where: a) a development permit, rezoning and/or subdivision has been approved which addresses the removal of the protected tree; b) the tree cutting or removal is in respect of a protected tree situated on a lot within the Agricultural Land Reserve and is necessary for the purposes of active farm operations as defined in the Farm Practices Protection (Right to Farm) Act, as amended from time to time, or farm operations which will be commenced within 30 days or within a longer time period if deemed reasonable by the Municipality, in its sole discretion. Properties not located within the ALR are subject to section 5.4 b) of this Bylaw; c) the tree cutting or removal is for the installation of roads or services shown on an engineering drawing approved by the Municipality in respect of a building permit or subdivision approval; d) the tree cutting or removal is carried out by the Municipality or its agents on public property; e) the 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; f) the tree cutting or removal is of a protected tree less than 20 centimetres dbh by a British Columbia Land Surveyor when cutting survey lines of a width of less than 2 metres; g) the cutting or removal constitutes normal pruning of protected trees, including pruning by a public utility in accordance with sound horticultural and arboricultural practices or as required for the safe operation of overhead transmission lines; or h) the protected tree is less than 20 centimetres dbh. 6.2. A permit is not required for the pruning of a hedge. PERMIT APPLICATION PROCESS 7. General Conditions of Permit 7.1. A permit for the cutting or removal of any protected tree to which this bylaw applies shall be in the form issued by the Municipality. 7.2. A permit issued under this bylaw is non-transferable. 7.3. The permit shall be displayed in an accessible and visible location on the parcel to which it pertains during protected tree cutting or removal operations. #5712 26/07/21 #5712 26/07/21 #5838 13/03/23 #5838 13/03/23 #5838 13/03/23 8. Application Requirements 8.1. Every application for a permit shall be made in writing to the Municipality and shall include: a) a non-refundable application fee in the amount set in the Fees and Charges Bylaw 2007 No. 4616, as amended or replaced from time to time; b) a tree cutting plan drawn to approximate scale identifying: A. the boundaries of the subject parcel; B. any abutting streets, lanes or public access rights of way; C. the location of existing buildings and structures; D. the location, species and dbh of those protected trees proposed to be cut or removed; E. the location, species and dbh of those protected trees proposed to be retained and protected; and F. the location of significant topographic and hydrographic features and other pertinent site information; c) the street location and legal description; d) 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; e) the methods proposed for control of drainage and erosion impacts during and after the protected tree cutting or removal; f) the proposed methods for disposal of wood waste and other debris; g) the proposed methods of noise and dust control during the protected tree cutting or removal operation; h) the proposed completion dates for protected tree cutting or removal; i) the following documents, plans and information relating to the proposed cutting or removal of a protected tree: i. In imminent failure, dead, dying, damaged, diseased, or in decline beyond expectations of recovery: A. photographic evidence; ii. Inappropriate for its species, size, or location: A. an Arborist report j) Upon submission and review of any application that requires an Arborist report, the Municipality may ask for further and specific information as deemed necessary and at their sole discretion, in order to evaluate the Arborist report and/or the rationale for proposed removal of any protected tree or protected trees for its species, size and location; and k) The Municipality may also request, as applicable: i. a report prepared by a professional engineer, professional biologist or certified Arborist with experience in, as the circumstances require, geotechnical engineering, hydrology or tree management, certifying that the proposed cutting or removal of the protected tree will not create an adverse impact including flooding, erosion, land slip or contamination of a stream; #5712 26/07/21 #5838 13/03/23 ii. where the site of the tree cutting or removal is on a parcel adjacent to or containing any part of a stream, a survey prepared by a BC Land Surveyor or professional engineer showing the top-of-bank of such stream; and iii. any applicable Federal or Provincial submissions for approvals, including a Bird Nesting Survey if removing protected tree between March 15 and August 1 as per the Wildlife Act (British Columbia) and its regulations. 9. Cash-In-Lieu 9.1. As a condition of issuing a permit issued under Sections 5.4 e), and f) of this bylaw, it is required that a cash-in-lieu payment, as outlined in Fees and Charges Bylaw 2007 No. 4616, as amended or replaced from time to time, shall be paid to the Municipality. Such funds will be utilized by the Municipality to plant trees at a future date on a Municipally owned property, in a location designated by the Municipality. 9.2. through 9.7 deleted by Bylaw #5838. 10. Permit Issuance or Refusal 10.1. The Municipality may issue a permit if: a) an application for a permit complies with the requirements of this bylaw; and b) the proposed tree cutting or removal complies with this bylaw and all other applicable Municipal bylaws. c) the Permit Fee to Remove Protected Trees, as outlined in Township of Langley Fees and Charges Bylaw 2007 No. 4616, as amended or replaced from time to time, has been paid. 10.2. The Municipality may refuse to issue a permit if the proposed protected tree cutting or removal is within a tree retention area. 11. Expiry 11.1. Every permit shall expire 12 months from the date of issue or upon such earlier date as may be specified in the permit. 12. Renewal, Extension or Modification 12.1. 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 plan submitted for a permit, the Municipality 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 Municipality may require that a new permit be obtained; b) the permit holder shall pay a non-refundable fee in the amount set from time to time in the Fees and Charges Bylaw 2007 No. 4616, as amended or replaced from time to time; c) the Municipality may not renew or extend a permit for a period of more than two (2) years from the date of issuance of the original permit; #5712 26/07/21 #5712 26/07/21 #5712 26/07/21 #5838 13/03/23 #5838 13/03/23 #5838 13/03/23 #5987 26/02/24 d) the Municipality 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. REGULATIONS 13. Tree Cutting or Removal 13.1. Every cutting or removal of a protected 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, to the satisfaction and approval of the Municipality: a) tree parts and woodwaste shall be properly disposed of by chipping or removal from site in accordance with all applicable Municipal bylaws and Provincial regulations; b) each protected tree to be cut or removed shall be clearly identified with a flag, paint, survey tape or other such method; c) a tree protection barrier, as shown on Schedule "A", shall be placed around any protected tree or protected trees which are not to be cut or removed, in such a manner to ensure that the trunk, branches and root system are not damaged by the cutting or removal operations. The tree protection barrier must be constructed prior to the issuance of the permit and must remain intact for any construction or demolition site throughout the entire period of construction or demolition; d) precautions shall be taken to ensure that protected trees which are not to be cut or removed are not subject to any of the damaging activities prohibited by subsection 5.3; e) tree cutting or removal activities may be carried out between the hours of 7:00 am and 8:00 pm on weekdays and 9:00 am and 5:00 pm on Saturdays, except in the event of an imminent failure. No tree cutting or removal activities may be carried out on Sundays or statutory holidays; f) all damage to drainage facilities, streams, highways or other public or private property arising from the removal of a protected tree shall be promptly and properly repaired to the satisfaction of the Municipality at the expense of the permit holder, failing which the Municipality may undertake the necessary repairs and invoice the permit holder for immediate payment; g) all streams, 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; h) all hazards or potential hazards arising from the tree cutting or removal operation shall be adequately fenced or otherwise protected for the safety of the public; i) tree cutting or removal operations must not encroach upon, undermine, damage or endanger any adjacent property or any setback area prescribed in the permit or a bylaw; and #5712 26/07/21 #5838 13/03/23 j) 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. 13.2. The Municipality may issue a permit subject to the observance or fulfilment of any additional conditions specified in the permit which in the opinion of the Municipality are necessary to achieve the purposes of this bylaw. ADMINISTRATION 14. Inspection 14.1. The Municipality 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. 14.2. The Municipality 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 protected trees, in the following circumstances: a) where land is subject to 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; or b) when an application for a permit to carry out tree cutting or removal operations has been made under this bylaw. 14.3. No person shall prevent or obstruct or attempt to prevent or obstruct the Municipality from entering upon lands as authorized by subsections 14.1 and 14.2. 14.4 Deleted by Bylaw #5838 15. Notice of Non-compliance 15.1. The Municipality may give notice, in the form established in Schedule "B", 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 Municipality, and every owner of land shall refuse to suffer or permit further tree cutting or removal operations upon the owner's land until such time as the breach or non-compliance is remedied to the satisfaction of the Municipality. #5712 26/07/21 #5838 13/03/23 #5838 13/03/23 #5838 13/03/23 16. Failure to Remedy Non-compliance 16.1. In the event that a person having received notice under Section 15 fails within the time specified therein to remedy such breach, the Municipality or its appointed agents may enter upon the lands or any part thereof and carry out the works required to remedy the breach, and the expense of doing so shall be paid by the person in breach and, if not paid within 90 days, the expense, with interest at the prescribed rate and costs, shall be recovered from the owner of the lands in the same manner as municipal taxes. 17. Suspension or Cancellation of Permit 17.1. Without limiting the application of Part 19 (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 state a material fact, the omission of which made the statement false or misleading; the Municipality 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 with the consent of the permit holder. 18. Right of Reconsideration 18.1. Where an applicant or owner of property is subject to a requirement or a decision made by the Municipality under this bylaw and is dissatisfied with the requirement or decision, the applicant or owner may apply to the Municipal Council for reconsideration of the matter within 30 days of the requirement or decision being communicated to them. 18.2. An application for reconsideration must be delivered in writing to the Municipal Clerk and must set out the grounds upon which the applicant considers the requirement or decision of the Municipality is inappropriate and what, if any, requirement or decision the applicant or owner considers the Council ought to substitute. 18.3. At the meeting of Council, Council may hear from the applicant and any other person interested in the matter under reconsideration who wishes to be heard and may either confirm the requirement or decision of the Municipality or substitute its own requirement or decision. OFFENCES AND PENALTIES 19.1. 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 this bylaw or any permit issued under this bylaw, or who fails or neglects to do anything required to be done under this bylaw or any permit issued under this bylaw, including a bylaw notice issued pursuant to the Bylaw Notice Enforcement Bylaw 2008, No. 4703, as amended from time to time, commits an offence; and where the offence is a continuing one, each day that the offence is continued shall constitute a separate offence. 19.2. Where one (1) or more protected trees is cut or removed or damaged, other than as authorized by this bylaw, a separate offence is committed in respect of each such protected tree. 19.3. Every person who violates any of the provisions of this bylaw or an offence against this bylaw: a) is liable on summary conviction to a fine not exceeding ten thousand dollars ($10,000); and b) may be subject to penalties specified in the "Township of Langley Bylaw Notice Enforcement Bylaw 2008 No. 4703" as amended from time to time per protected tree. Every day a violation or offence continues shall be deemed a new offence. 19.4. In addition to the penalties imposed under section 19.3, by order of the court, a person convicted of an offence under this bylaw may be directed to: a) not do any act or engage in any activity that may result in the continuation or repetition of the offence; b) pay the costs incurred by the Municipality in investigating and prosecuting the offence; c) pay compensation to the Municipality for any damage or loss sustained by the Municipality because of the commission of the offence to a maximum of $25,000 or higher monetary limit as may be specified under the Small Claims Act in force at the time of the offence; or d) take any action the court considers appropriate to remedy any harm that resulted from the commission of the offence. 19.5. Pursuant to section 19.4 (d) the Municipality may seek an order directing a person convicted of an offence under this bylaw to complete an education or training program for instruction in appropriate care and management of trees to a standard established by a provincial, national or international body for professional arboriculture, landscaping, or nursery practice. 19.6. A person who removes a protected tree as imminent failure without a permit, must provide documentation (photos, etc.) or, an Arborist report, within 24 hours of the date of removal, or in the case of a removal which takes place on a weekend or holiday, on the next business day after the date of removal, apply for a permit for such removal, and take all action necessary to obtain issuance of such tree permit. 19.7 In addition to any other penalty which may be imposed under this bylaw, where a person cuts, removes or damages, or causes, suffers or permits any protected 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 Municipality, shall provide a cash-in- lieu payment as outlined in Fees and Charges Bylaw 2007 No. 4616 as amended or replaced from time to time. 19.7 a) and b) deleted by Bylaw #5838. 20. Repeal #5712 26/07/21 #5712 26/07/21 #5712 26/07/21 #5712 26/07/21 #5838 13/03/23 #5838 13/03/23 #5987 26/02/24 #5987 02/26/24 20.1. Brookswood-Fernridge Tree Protection Bylaw 2017 No. 5301 is hereby repealed. READ A FIRST TIME the 27 day of May , 2019 READ A SECOND TIME the 27 day of May , 2019 PUBLIC INPUT OPPORTUNITY 10 day of June , 2019 READ A THIRD TIME the 24 day of June , 2019 RECONSIDERED AND ADOPTED the 08 day of July , 2019 "JACK FROESE" Mayor "WENDY BAUER" Township Clerk SCHEDULE A to BYLAW NO. 5478 Tree Protection Detail Notes 1. Install tree protection barrier before site clearing and initiation of construction. 2. Maintain tree protection barrier during clearing and site construction. 3. Keep area within or against protection barrier clear of building materials, litter and standing water. 4. Do not disturb existing grades within tree protection area for protected retained trees. 5. The Owner is responsible for maintenance within tree protection barrier. Damaged trees will be replaced at Owner's cost. 6. Tree Protection Bylaw prescribes penalties for non-compliance with bylaw. 7. Any disruption or planting within the tree protection area is to be supervised by the Municipality. 8. Retained trees to be watered to ensure tree health. 9. Where the critical root zone of a tree is within 4m from any excavation, demolition, construction, fill or engineering works proposed on a lot, the Owner shall install a tree protection barrier around the critical root zone. 10. Where the critical root zone of a tree on an adjacent lot is within 4m from any excavation, demolition, construction, fill, or engineering works proposed on a lot, the Owner shall install a tree protection barrier around the critical root zone to the property line of the Owners' lot. #5712 26/07/21 #5838 13/03/23 SCHEDULE B to BYLAW NO. 5478 NOTICE OF NON-COMPLIANCE and STOP WORK ORDER YOU ARE HEREBY NOTIFIED that the Township of Langley considers activity on this property to be in breach of its Tree Protection Bylaw Number 5478, AND ALL PERSONS SHALL IMMEDIATELY CEASE the following activity on this property: ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ________________________________________________________ EVERY PERSON WHO FAILS TO COMPLY WITH THIS ORDER MAY, UPON CONVICTION FOR AN OFFENCE AGAINST THE SAID BYLAW, BE LIABLE TO A PENALTY AS STIPULATED IN THE BYLAW. Persons affected by this Order may seek further information at the Bylaws Department, Township of Langley Civic Facility at 20338 - 65 Ave, Langley, British Columbia V2Y 3J1. ____________________________________________________________________________ ADDRESS of PROPERTY ____________________________________________________________________________ DATE FOR THE TOWNSHIP of LANGLEY NO PERSON MAY REMOVE REVERSE, ALTER, DEFACE, COVER, OR IN ANY WAY TAMPER WITH THIS NOTICE WITHOUT AUTHORIZATION BY THE TOWNSHIP OF LANGLEY. #5838 13/03/23