Tree Protection and Management Bylaw No. 8045-2026 — full text

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1 CITY OF MAPLE RIDGE TREE PROTECTION AND MANAGEMENT BYLAW NO. 8045-2026 A Bylaw to regulate and prohibit the cutting, removal and damage of trees, the setting of fees and issuance of permits for the same, and the requirement for replacement trees and security for their provision and maintenance in the City of Maple Ridge. ______________________________________________________________________________ WHEREAS, section 8(3)(c) of the Community Charter enables Council by bylaw to regulate and prohibit, and impose requirements in relation to the cutting and removal of trees; AND WHEREAS, sections 8, 15, 50, 51 and 52 of the Community Charter enable Council to permit and establish conditions and fees for permit issuance; AND WHEREAS, Council considers it to be in the public interest to provide for the protection and preservation of trees, the regulation of their cutting and removal, and their replacement; NOW THEREFORE, the Council of the City of Maple Ridge enacts as follows: 1. Citation 1.1 This Bylaw may be cited for all purposes as the "Maple Ridge Tree Protection and Management Bylaw No. 8045-2026". 2. Repeal 2.1 Maple Ridge Tree Protection Bylaw No. 7133-2015 and its amendments are hereby repealed. 3. Definitions 3.1 In this Bylaw the following definitions will apply: "Agricultural Use" means the use of land for the growing of crops or the raising of livestock as permitted under the Maple Ridge Zoning Bylaw No 7600-2019 as amended or replaced from time to time. "Applicant" means the Owner of a Lot upon which a Protected Tree(s) is located or an authorized agent acting on behalf of the Owner, that applies to the City of Maple Ridge. "Arborist" means a person certified by the International Society of Arboriculture with a valid City business licence. "Arborist Report" means a technical report valid for 2 years, prepared by an Arborist containing the following information: 2 (a) the location, species, size (DBH), height, canopy dripline, and biological and structural health conditions of the Protected Trees proposed to be Removed or Retained on the Lot or adjacent Lots; (b) reasons for the proposed Removal of a Protected Tree; (c) a plan showing the location of all protected trees, the locations of any boundaries, Conservation Areas or Riparian Areas, setback areas, encumbrances, or covenant areas on the Lot along with existing or proposed building layout and infrastructure; (d) photographs of the Protected Tree(s) on the Lot that are proposed for Removal or Retention; (e) a description and plan of the recommended tree protection and mitigation measures; and (f) a tree replacement plan according to Schedule C. "Caliper" means the diameter of a tree at 15 centimetres above the natural grade of the ground which is measured from the base of the tree. "City" means the Corporation of the City of Maple Ridge. "City Property" means any property, land, Lots, parks, parcels, or highways (as defined under the Community Charter) that is owned by the City. "City Tree Reserve" means a reserve the City has established to deposit tree related cash-in- lieu payments and forfeited tree related securities to be used to plant trees on public or private lands and to support tree -canopy stewardship activities. "Conifer" means a cone bearing tree or other plant that has its seeds in a cone structure. "Conservation Area" means a streamside protection and enhancement area (SPEA), as defined in the Streamside Protection Regulation, or an area with slopes over 25% grade or land which is subject to a geotechnical covenant or habitat protection covenant. "Council" means the elected Council of the City. "Critical Root Zone" means the area around a tree enclosed by a circle whose radius is the greater of 6 X the tree's DBH or the tree's dripline. See Figure 1.0 for an illustration. "Cut" means to remove or sever any part of a Protected Tree including felling, topping, pruning, cutting into, pulling up, over, down, or excavating or severing roots whether or not it causes Damage to the tree. "Cutting" has a corresponding meaning and includes all grammatical 3 variations of these terms. "Damage" means any action which causes, or reasonably likely to cause, a Protected Tree or any part of a Protected Tree to die or decline in health, including but not limited to Cutting, stripping bark, gouging, girdling, nailing, denting, ringing, poisoning, burning, Topping, root compaction, root cutting, excessive pruning of more than 1/4 of a tree canopy. "Damaging" shall have the same corresponding meaning. "DBH" means the diameter of a tree at breast height or 1.40 metres above the highest point of the natural grade of the ground measured from the base of a tree. For multi-stemmed trees, the three largest stems shall be measured at 1.40 metres above the highest point of the natural grade, and the DBH of the tree shall equal the sum of the DBH of the three largest stems. See Figure 2.0 for an illustration. "Deciduous" means a tree or plant that sheds most or all its foliage annually. "Director" means the Director overseeing the City's tree bylaw administration or their duly authorized designate(s) for matters pertaining to this Bylaw. "Dripline" means a horizontal line on the ground encircling a tree corresponding to the furthest extension of the branches of a tree. See Figure 3.0 for an illustration. "Engineer" means a person registered or licensed as a Professional Engineer pursuant to the provisions of the Engineers and Geoscientists Act, as amended from time to time. "Fees and Charges Bylaw" means the Maple Ridge Fees & Charges Bylaw No. 7575-2019, as amended or replaced from time to time. "Hazard Tree" means a tree that is determined to be currently in a condition of high danger to people or property as described in an arborist report produced by a Certified Arborist with a Tree Risk Assessment Qualification (TRAQ) from the International Society of Arboriculture. "Hedge" means five or more trees or shrubs, planted less than 1.25 metres apart that forms a continuous vegetation screen. "Landscape Architect" means a landscape architect registered with the British Columbia Society of Landscape Architects. "Lot" means land designated as a separate and distinct parcel on a legally recorded subdivision plan or description filed in the records of the Land Title Office. "Manager" means the Manager overseeing the City's tree bylaw administration or their duly authorized designate(s) for matters pertaining to this Bylaw. 4 "Owner" means the registered owner of a Lot (including a strata Lot) where the tree is located within the boundaries of that Lot or a strata corporation if the tree is located within the boundaries of the common property of a strata corporation. "Protected Tree" means: (a) any tree within the City of Maple Ridge with a DBH equal to or greater than 20 centimetres, or a stump diameter greater than 25 centimetres at grade where DBH cannot be measured; (b) any tree located on City Property; (c) a Significant Tree; (d) any Replacement Tree; (e) any tree required by a rezoning, subdivision, development permit/variance, building permit; (f) a tree of any size located in a Riparian Area or Conservation Area; (g) a covenanted tree of any size; or (h) a tree with evidence of nesting or use, by raptors, osprey or herons as defined in the Wildlife Act. "Public Utility" means a utility service provided by the City, BC Hydro, Fortis BC or a telecommunications company or any other utility company or authority providing a public service or utility. "Registered Professional Forester" means a person who is Registered with the Forest Professionals of British Columbia as a Registered Professional Forester designation. "Replacement Tree" means a tree that is required to be planted to replace a tree that has been Cut, Removed or Damaged, in accordance with this Bylaw. "Remove" means to Cut or remove a tree from the ground where it previously existed. "Removed", "Removal" and "Removing" shall all have the same corresponding meaning. "Retained Tree" means a tree that has not been permitted for removal. "Tree to be retained" shall have the same corresponding meaning. "Riparian Area" means the horizontal area that is calculated by measuring from the top of bank in the direction away from a watercourse, where land disturbance of any kind is prohibited 5 by the Riparian Areas Protection Regulation, or Streamside Protection Regulations. "Significant Tree" means a tree that has a DBH equal to or greater than 60 centimetres. "Standard Arboricultural Practices" means the standards and guidelines established by the International Society of Arboriculture on pruning techniques, tree health assessments, and tree care practices. "Topping" means to remove the entire crown of a tree, or a substantial part of the crown of a tree by cutting horizontally through the central leader or major stem of a tree. "Tree Management Plan" means a plan per the requirements in Schedule A. "Tree Permit" means the written authority granted by the Manager pursuant to this Bylaw for the cutting or removal of a specified tree or trees and any applicable conditions. "Tree Protection Barrier" means a barrier constructed around a tree in accordance with Schedule B. "Tree Protection Zone" means the ground area enclosed by a Tree Protection Barrier installed in accordance with this bylaw. If a required barrier has not been installed, the Tree Protection Zone is deemed to be the area that would be enclosed by a barrier installed in accordance with this bylaw. "Tree Survey" means a survey plan, valid for 2 years, prepared by a British Columbia Land Surveyor, that shows the location, species and DBH of trees, stumps, including individual trees within a Hedge, in relation to the property lines of a Lot, including trees 3.0 metres beyond the subject property lines or trees that have a dripline that enters onto the subject property, and any other survey information required by the Manager. "Zoning Bylaw" means the City of Maple Ridge Zoning Bylaw, 7600-2019, as amended or replaced from time to time. 4. Application and Exemptions 4.1 This bylaw applies only to Protected Trees. If this bylaw conflicts with the Maple Ridge Untidy and Unsightly Premises Bylaw No. 6533-2007 or the Highways and Traffic Bylaw No. 6704-2009, this bylaw prevails for matters related to tree removals. 4.2 This Bylaw applies to individual trees in a Hedge, except where a provision of this Bylaw specifically excepts, excludes, or exempts a Hedge. A Tree Management Plan is not required for the removal of a single Hedge entity. 4.3 This Bylaw does not apply to Protected Trees that are Cut, Damaged, or Removed by a 6 Public Utility for the safety, maintenance, or operation of the Public Utility's infrastructure conducted in accordance with Standard Arboricultural Practices. 4.4 This Bylaw does not apply to trees on City Property that are Cut, Damaged, or Removed by the City or its authorized agents in accordance with City operations. 4.5 This Bylaw does not apply to trees on property owned by either the Government of Canada, the Province of British Columbia, or the Metro Vancouver Regional District that are cut or removed by that entity or its authorized agents. 4.6 Despite Part 6 of this Bylaw, a Tree Permit is not required to Cut or Remove a Protected Tree if: (a) the Protected Tree is dead of natural causes as verified and documented by an Arborist, third party testing at the applicants' expense, or by the Manager; or (b) the protected tree has been severely damaged, or has been rendered unstable by wind, snow or other severe natural weather conditions, to the extent that it becomes a Hazard Tree, as assessed by an Arborist with a Tree Risk Assessment Qualification, that is in imminent danger of falling, injuring persons or damaging property, and the person who Removes the tree reports it to the Manager within one business day; or (c) less than 10 Protected trees are being removed and the land is in Agricultural Use, with active farm status and Removal of the Protected Tree is required as part of a designated farm use described Agricultural Land Commission Act Regulation, unless that use is prohibited by a bylaw of the City or other enactment. 4.7 Nothing in this bylaw relieves any person, Applicant, or Owner from complying with the Migratory Birds Convention Act (Canada), the Species at Risk Act (Canada), the Wildlife Act (British Columbia), their regulations, or any other applicable enactments governing the protection, Cutting, Damage, or Removal of Protected Trees. 4.8 Nothing in this Bylaw authorizes, permits, or grants any member of the public (including any person acting on behalf of another) to access, cross, or enter onto any private property or Lot without the owner's consent or other lawful authority, nor does this Bylaw create, limit, or otherwise affect any private civil rights, obligations, or remedies between property owners. 5. Prohibitions 5.1 An Owner, Applicant, or person shall not Cut, Remove, or Damage a Protected Tree or cause or allow, a Protected Tree to be Cut, Removed or Damaged, without a permit or as permitted by this Bylaw. 7 5.2 An Owner, Applicant, or person shall not fail to comply with the terms and conditions of a Tree Permit issued by the Manager under this Bylaw. 5.3 An Owner, Applicant, or person shall not provide information in support of a Tree Permit application that is false, misleading, inaccurate, incomplete, or erroneous. 5.4 An Owner, Applicant, or person shall not Cut, Damage, or Remove, or permit to be Cut, Damaged, or Removed, a Protected Tree or any portion of that Protected Tree in a Conservation Area or Riparian Area without first obtaining a Tree Permit. 5.5 An Owner, Applicant, or person shall not Cut, Damage, or Remove, or permit to be Cut, Damaged, or Removed, a Protected Tree or any portion of that Protected Tree that is on City Property, unless the work is undertaken by the City or its authorized agents. No Owner, Applicant, or person shall install or permit to be installed lights, ropes, chains, or objects in a Protected Tree that is on City property unless the work is undertaken by the City or its authorized agents. 5.6 Without limiting sections 6.1 to 6.9, the following activities in relation to a Protected Tree are prohibited without a Tree Permit, or if done contrary to a Tree Permit issued under this bylaw: (a) Topping a Protected Tree, or pruning that significantly alters the tree's natural canopy form, except where the tree is part of a continuously maintained Hedge; (b) Cutting, Damaging, Removing, or otherwise undermining the roots that are located within the Protected Tree's Critical Root Zone or within a Tree Protection Zone; (c) operating or storing heavy equipment within the Critical Root Zone or within a Tree Protection Zone; (d) placing, depositing, distributing, or removing soil, fill, building materials, asphalt, or any other development or construction materials, or placing, moving, lifting, or erecting a structure within the Critical Root Zone or within a Tree Protection Zone; (e) Damaging, or acting with the intention of Damaging, a Protected Tree, or any part of it; (f) depositing concrete washout or other deleterious substances harmful or Damaging to the health of a Protected Tree within the Critical Root Zone or within a Tree Protection Zone; or (g) climbing a Retained Tree or Protected Tree with climbing spurs. 8 6. Tree Permits 6.1 Only an Applicant may apply for a Tree Permit to Cut or Remove a Protected Tree. 6.2 The Applicant for the Tree Permit is responsible for all permit-related fees required by the Fees and Charges Bylaw including applicable taxes. 6.3 A Tree Permit is required to Cut or Remove a Protected Tree, including its roots, or to prune more than 1/4 of a tree's live crown. 6.4 An application for a Tree Permit, or an amendment to a Tree Permit, must: (a) be submitted to the Manager by an Applicant; (b) include the City's completed and signed application form; (c) include written consent from any other Owner of an adjacent Lot if any part of the base or lower trunk of the Protected Tree is on an adjacent Lot; (d) include all required plans and approvals in accordance with Part 7 of this Bylaw; and (e) include the applicable non-refundable application fee and taxes required by the Fees and Charges Bylaw. 6.5 After review, the Manager may: (a) issue a Tree Permit to the Applicant with terms and conditions consistent with this bylaw; or (b) refuse the permit and provide written reasons to the Applicant within 15 Business Days of the decision. 6.6 The Manager may issue a Tree Permit to Cut or Remove a Protected Tree only if one or more of the following applies: (a) an Arborist with a valid Tree Risk Assessment Qualification (TRAQ) determines the tree is a Hazard Tree; (b) the tree prevents development of the Lot as permitted by the Zoning Bylaw , and the Owner demonstrates, to the Manager's satisfaction, that the development cannot reasonably be modified or reduced to accommodate the retention of the tree; (c) the base of a Protected Tree is within 1.0 metre of a foundation wall of an existing principal dwelling; 9 (d) the tree is causing substantial structural or infrastructure damage, verified by the Manager or by a qualified Professional Engineer acceptable to the Manager; (e) the City has issued a development or building permit and has an approved a Tree Management Plan or Arborist Report that requires the tree to be Removed; (f) the Removal of the Protected Tree is required to site a principal dwelling, septic field, roadway, or utility corridor as approved by the City prior to building permit issuance; (g) the tree is on a Lot zoned for agricultural use with active farm status or a Farm Plan showing the tree would interfere with the best agricultural use of the land; or (h) the tree is significantly diseased, damaged, or dying where it is likely to be dead within 6 months as documented in an Arborist Report. 6.7 Tree Cutting or Removal authorized by a Tree Permit must be conducted by the Applicant or Owner in accordance with this bylaw, the Tree Permit, and all applicable legislation. 6.8 Tree Cutting or Removal authorized by a Tree Permit may be performed only by the Applicant, Owner, or a company or Arborist retained by the Owner that holds a valid City business licence. 6.9 All Cutting, Removal, and pruning under a Tree Permit shall be performed safely and in accordance with WorkSafe BC requirements and International Society of Arboriculture Best Management Practices. Tree Permit Amendments, Revocation, and Validity 6.10 A Tree Permit is valid for 6 months from the date of issuance. 6.11 If, after issuance, the number or location of Protected Trees to be retained or removed changes, the Applicant must pay the non-refundable permit change fee set out in the Fees and Charges Bylaw. 6.12 The Manager may revoke or suspend a Tree Permit if the permit terms are breached or if information provided by the Applicant is found to be false, misleading, inaccurate, incomplete, or erroneous. 6.13 A Tree Permit application is valid for 3 months from the date it is submitted. If required information is not provided to the Manager within 3 months, the application will be closed and any fees paid will not be refunded. After closure, a new application and fees are required if an Applicant wants to re-apply. 6.14 The Manager may retain an independent arborist to review an Arborist Report, Tree 10 Management Plan, in support of a Tree Permit. If, through an inspection, an application submission is questioned for completeness or accuracy, or is shown to be incomplete or inaccurate, the Applicant shall pay the cost of an independent review and testing. These costs shall be paid before the earlier of the adoption of any associated development approval or issuance of the related Tree Permit. 6.15 The Applicant shall post a copy of the Tree Permit; the location, quantity, and species of each Protected Tree to be Cut or Removed; and contact numbers for the Applicant and the City on the Lot in a location visible to the public at least 24 hours before any Cutting or Removal of a Protected Tree begins and keep the posted documents visible until all related work is complete. 7. Plans and Surveys 7.1 In addition to section 6.4, a Tree Permit application must include: (a) a Replacement Tree planting plan in accordance with Schedule C, except where only one Protected Tree is proposed for Removal; (b) a Tree Management Plan in accordance with Schedule A, if: i. the Lot is subject to a permit application related to a subdivision application, rezoning application, development permit, development permit, development variance permit, building permit, demolition permit; or ii. 10 or more Protected Trees are proposed to be removed; or iii. clearing of more than 500 square metres of land is proposed. (c) an Arborist Report, except where only one Protected Tree is proposed for Removal and that tree is not a Significant Tree or a Hazard Tree. 7.2 If a Protected tree proposed for Removal is within 50 metres of a watercourse top of bank, or on a slope over 25%, the Applicant may be required to submit a survey prepared by a British Columbia Land Surveyor identifying the top of bank or top of ravine bank, and any setbacks required by the City. 7.3 If the base of a Protected tree proposed for Removal is within 2.0 metres of a shared property line, or where ownership of the tree is unclear, the Applicant may be required to submit a survey prepared by a British Columbia Land Surveyor that locates the property lines in relation to the tree. 7.4 If tree Removal will take place between March 15 and August 15, the Applicant may be required to submit a bird nest survey in accordance with the Wildlife Act, its regulations, and 11 Zone A1 of the Regional Bird Nesting Table 8. Security Deposits 8.1 When Replacement Trees or the retention of Protected Trees are required by a Tree Permit or as a penalty, the Applicant must provide a security deposit or letter of credit, up to a maximum of $200,000. 8.2 Security deposits or Letters of Credit must follow the format required and comply with the terms & conditions set out in the City's Security Deposit Policy No. 5.07. 8.3 If the Owner fails to meet obligations for Retained Trees or Replacement Trees, including maintenance, the City may enter the property to do the work and draw on the security to cover all related costs. If the security was for Replacement Trees, the City may use it to plant trees elsewhere on City property. 8.4 The Manager may, at their discretion, waive security requirements where the required amount is less than $5,000. Conditions of a Tree Permit relating to Replacement Trees or retention of Protected Trees will still apply. Securities for Replacement Trees 8.5 Before permit issuance, the Applicant must provide a refundable security for Replacement Trees. Security for supplying, installing, and maintaining Replacement Trees is: (a) the per tree security amount in the Fees and Charges Bylaw plus applicable taxes; or (b) if Replacement Trees are part of a landscape plan required for a development permit, development variance permit, subdivision, or rezoning, the security equals 120% of the cost of the landscape cost estimate. The estimate must be prepared by a Landscape Architect or quantity surveyor. Release of Securities for Replacement Trees 8.6 Replacement Tree securities will be released in stages subject to the Manager confirming compliance with the Tree Permit and inspection requirements of this bylaw. 8.7 a security deposit collected to cover the cost and maintenance of a Replacement Tree shall be released as follows: (a) release 50% after the City approves planting per Section 9 of this bylaw; and (b) release the balance one year after the first release, if the City approves the trees condition per Section 11. 12 Securities for Retained Trees 8.8 Security for Retained Trees associated with a subdivision, rezoning, development permit, development variance permit, building permit, or demolition permit is: (a) $5,000.00 per Significant Tree; and (b) $3,000.00 per all other Protected Trees. 8.9 Total security required for Retained Trees may not exceed: (a) $20,000 for a single detached dwelling, duplex, or triplex on an existing Lot; or (b) $200,000 for a subdivision, rezoning, development permit, or development variance application. Release of Securities for Retained Trees 8.10 If Retained Trees are not Damaged during construction, Retained Tree securities may be considered for release upon: (a) 12 months after the City issues a Letter of Completion; or (b) 2 years after the building permit final; or (c) After the receipt of a letter from the project arborist confirming the retained trees were not damaged during construction; or (d) at the Manager's discretion. Forfeit of Securities 8.11 If Replacement Trees required by a Tree Permit not associated with a building or development approval, are not planted or do not survive, the security is forfeited to the City two years after the Tree Permit issuance date. 8.12 If Replacement Trees required by a Tree Permit associated with a building permit, development permit, subdivision, or rezoning are not planted or do not survive, the security is forfeited two years after the earlier of final building permit approval or issuance of the Certificate of Completion. 8.13 If Replacement Trees are not planted and the property does not receive final approval or a Certificate of Completion, the security is forfeited to the City three years after the Tree Permit issuance date. 13 8.14 If required landscaping, including Replacement Trees, is not completed, the landscaping security under section 8.5 is forfeited five years after the Tree Permit issuance date. 8.15 If a Retained Tree is Damaged, Cut, or Removed, the full security for that tree shall be forfeited to the City immediately. 8.16 The Applicant must ensure the City has accurate and current contact information for all securities provided. 8.17 All forfeited tree related securities are deposited into the City Tree Reserve. 9. Replacement Trees 9.1 If a Protected Tree is Removed the Applicant or Owner shall plant Replacement Tree(s) on the Lot in accordance with section 9.4 and Schedule C, or in accordance with a Tree Management Plan. 9.2 Replacement trees shall not be planted: (a) within 1.0 metre of a property line; (b) within 2.0 metres of a permitted building or structure foundation wall; (c) within 1.0 metre of underground utility service lines including but not limited to sanitary, storm, water, or electrical; (d) within 1.0 metre of another tree; (e) within 3.0 metres of overhead powerlines; or (f) within 1.0 metre of the side and 3.0 metres of the front of a pad mounted transformer See Figure 4.0 for an illustration. 9.3 The Applicant or Owner shall maintain Replacement Trees in good health in accordance with Standard Arboricultural Practices. 9.4 The number of Replacement Trees required per Protected Tree Removed are: Size of Tree Removed (DBH) Number of Replacement Trees Required for Each Tree Removed 20 cm - 39 cm 2 trees 40 cm - 59 cm 3 trees More than 60 cm (Significant tree) 4 trees 14 9.5 If, in a calendar year, a Tree Permit authorizes Removal of only one Protected Tree, only one Replacement Tree is required. If an additional Tree Permit is issued in the same calendar year for that Lot, the requirements in section 9.4 will apply. Cash in Lieu Option 9.6 If on site Replacement Tree planting is not feasible, as determined by the Manager, the Applicant must pay cash in lieu for each required Replacement Tree not planted on the Lot, to the City Tree Reserve, per the fee set in the Fees and Charges Bylaw. 9.7 All Replacement Trees, including trees planted as part of an approved landscape plan, require a Tree Permit for Removal and a phased removal and replanting plan approved by the City consistent with the development permit's intent. 10. Tree Protection and Mitigation Requirements 10.1 The following Critical Root Zone protections shall apply as follows: (a) If a Retained Protected Tree's Critical Root Zone is within 10 metres of any excavation, demolition, construction, or servicing on the Lot, the Owner must install a Tree Protection Barrier around the tree per Schedule B; or (b) If a Protected Tree's Critical Root Zone extends onto an adjacent Lot, the issue is a private civil matter that should be addressed in accordance with common law between the Owners. The Owner of the Lot containing the Critical Root Zone of an adjacent tree may be required to install a Tree Protection Barrier per Schedule B. 10.2 No work under a demolition permit, building permit, or Tree Permit may begin until all required Tree Protection Barriers are installed and approved by the Manager. 10.3 No subdivision or servicing works may proceed before a Tree Protection Barrier has been installed and approved by the Manager. 10.4 Tree Protection Barriers must be maintained per Schedule B until construction is complete and the City issues final completion or final occupancy. 10.5 No site disturbance is permitted inside a Tree Protection Barrier, including grading, stockpiling, or storing soil or materials, disposing of toxic substances, vehicle or heavy equipment access or storage, excavation, or using the area as an amenity during construction. 10.6 Any construction activities including machinery movements, excavation or staging proposed within a Tree Protection Barrier requires prior Manager approval. The Manager may refuse the work or set conditions, including supervision and monitoring by an Arborist 15 and the submission of monitoring Arborist Reports. 10.7 Before any construction activities including machinery movements, excavation or staging takes place, the Applicant or Owner must install a Tree Protection Barrier per Schedule B around lands to be dedicated or transferred to the City, and around Conservation Areas. Clearing vegetation, altering grades, or removing/depositing soil on these lands is prohibited. 10.8 Where a Protected Tree is Cut, Damaged, or Removed, the Applicant or any person working on behalf of the Applicant must: (a) dispose of tree parts as approved by the City and in accordance with Provincial and City requirements; and (b) limit tree Removal work to 8:00a.m.-6:00p.m., Monday to Saturday, excluding statutory holidays. 10.9 If an Applicant proposes to Remove more than 10 Protected Trees, or clear an area of 500 square metres or more, the Applicant must: (a) Remove trees only after an erosion and sediment control plan, prepared by a Qualified Professional under the Maple Ridge Watercourse Protection Bylaw No. 6410-2006 as amended or replaced from time to time, and other applicable City regulations, is approved by the City and implemented before site disturbance; (b) obtain a bird nesting survey per section 7.4; (c) submit a document that describes how wood waste will be utilized, including on-site retention as large woody debris, re-use for berms, habitat creation, whole log storage for soil regeneration and stormwater functions; and (d) when Cutting a Hazard Tree in a Conservation Area or Riparian Area, leave larger sections as large woody debris and leave the stump at a safe height, as determined by an Arborist, to retain fish and wildlife habitat. 11. Inspection 11.1 The Manager, authorized City staff, or a qualified expert retained by the City may, at all reasonable times and without the Owner's consent, enter any Lot subject to this bylaw to: (a) verify compliance with this bylaw and any Tree Permit; and (b) assess or inspect any Protected Tree, stump, or tree remains on a Lot. 16 11.2 The Manager may suspend work by an Applicant or Owner that is being conducted under a Tree Permit, or in violation of this bylaw, if the work is not in accordance with the permit terms or this bylaw. 11.3 For any inspection requested and conducted after the first inspection where the Applicant has not made a reasonable attempt to correct previously identified deficiencies, the City will charge a Re-Inspection Fee as set out in the Fees and Charges Bylaw. No further inspections will occur until the fee is paid in full. 12. Reconsideration and Appeal 12.1 An Applicant affected by the Manager's decision may request reconsideration. The request must: (a) be made in writing to the Director, and (b) be submitted within 30 calendar days of the Manager's decision. While a reconsideration is pending, the Applicant must not Remove or Damage Protected Trees in contravention of this bylaw. 12.2 After the Director has issued a reconsideration decision, the Applicant may appeal the decision to Council. The appeal must: (a) be made in writing and delivered to the Corporate Officer within 30 calendar days of the Applicant being notified of the reconsideration decision; and (b) Include: i. the Applicant's name and contact information; ii. the address of the subject property; iii. a description of the decision to be appealed; and iv. the reasons for the appeal. 13. Offence and Penalty 13.1 Every person, Owner, or Applicant who contravenes any provision of this Bylaw or who suffers or permits any act or thing to be done in contravention of any provision of this Bylaw is guilty of an offence and is liable to a fine and penalty not exceeding the maximum amount in the Offence Act for each offence, plus the cost of prosecution. 13.2 Each day an offence or violation under this Bylaw continues shall be deemed to be a 17 separate offence. 13.3 Where more than one Protected Tree is Cut, Removed, or Damaged in contravention of this bylaw, each affected tree constitutes a separate offence. 13.4 If work by or on behalf of an Applicant is not in compliance with a Tree Permit, the City may issue and post a stop work order on the Lot. No further work may occur until the work complies with the permit conditions. 13.5 A person, Owner, or Applicant who Cuts, Removes, or Damages a Protected Tree in contravention of this bylaw, or violates Tree Permit conditions, must submit a Tree Permit application and pay double the applicable fees per the Fees and Charges Bylaw to cover the additional administrative costs. 14. General Provisions 14.1 If any section or lesser portion of this Bylaw is held invalid, it will be severed and the validity of the remaining provisions of this will not be affected. 14.2 Schedules "A", "B", "C" and "D" attached to this Bylaw are incorporated herein and form part of the Bylaw. READ a first time the 28th day of April, 2026 READ a second time the 28th day of April, 2026 READ a third time the 28th day of April, 2026 ADOPTED the 12th day of May, 2026 _____________________________ ____________________________ PRESIDING MEMBER CORPORATE OFFICER "Original signed by Mayor D. Ruimy" "Original signed by C. Mushata, Corporate Officer" 18 SCHEDULE "A" Tree Management Plan Requirements All Tree Management Plan submissions must be digital and produced by a Registered Professional Forester or Certified Arborist. A Tree Management Plan shall include the following: 1. Tree Survey: per the definition in this bylaw. 2. Initial Tree Assessment report including: (a) location, species, DBH, age class, health condition and number of all Protected Trees proposed for Removal within the developable area; (b) location, species, DBH, age class, health condition, and number of all Significant Trees outside Conservation or Riparian Areas to be retained or removed where development is proposed; (c) location, species, DBH, age class, health condition, and number of Protected Trees identified for Retention on the Lot, including: i. Protected Trees within 3.0 metres of any property boundary and of Conservation or Riparian Areas; ii. Protected Trees within 10.0 metres of any Significant Tree where development or cutting is proposed; and iii. Protected Trees within 10.0 metres of existing or proposed building envelopes, structures, accessory buildings, servicing, and infrastructure; (d) proposed site and building layout shown with all Protected Trees, including existing/proposed structures, pad mounted transformers, parking/driveways/paths, utilities/ servicing infrastructure, grades, drainage, and stormwater infrastructure. 3. A Tree Retention Plan: that demonstrates selective clearing and addresses: (a) retention along Lot boundaries with attention to windfirm edges, Critical Root Zones (CRZ), and privacy; (b) minimizing impacts to adjacent properties (groundwater, drainage, blowdown; and 19 (c) retaining Significant Trees through siting of developed areas and low-impact design. Retained Tree details: tree IDs, names, locations, quantities, health condition, DBH, CRZ radius, and Tree Protection Barrier (TPB) locations per Schedule B. 4. Construction protection measures: a statement of protection and arborist monitoring duties during construction addressing grading, drainage, irrigation, and TPB placement around CRZs and boundary trees, consistent with Schedule B. 5. Tree Risk Assessment: prepared by a Qualified Tree Risk Assessor identifying trees that pose hazards during and after construction. Submit before construction and after completion. Include trees within Conservation or Riparian Areas and City owned lands within 10.0 metres of proposed structures. Complete and confirm mitigation measures before final approval of works under the Permit. 6. Replacement Tree Planting Plan (per Schedule C): If Retained Trees within the developable area do not achieve the minimum trees per hectare ratios below (or equivalent credits), propose Replacement Trees to meet the ratio across the proposed lots. Identify planting locations, quantities, species, sizes, and any applicable cash in lieu. Land Use Designation Trees/ ha ratio Industrial 25/ha Commercial 40/ha High Density Residential 50/ha Medium Density Residential 75/ha Low Density Residential 100/ha Trees to be retained within the developable area count as Replacement Trees. The size of retained trees determines the equivalent number of replacement trees, as per the following: Size of Tree to be Retained (DBH) Within Developable Area only Replacement Tree credits 20 cm - 39 cm 2 trees 40 cm - 59 cm 3 trees More than 60 cm (Significant tree) 4 trees 7. Monitoring Schedule: for monitoring Retained Trees and Replacement Tree plantings during and after construction. A Certified Arborist must monitor TPB's and Replacement Tree planting and submit reports to the City as requested. 8. Securities: calculation of total securities for Retained Trees and Replacement Trees per this bylaw. 20 Additional plans (as required by site conditions): 9. Groundwater Impact Assessment: when removing more than 10 Protected Trees or clearing more than 500 square metres over a vulnerable aquifer; prepared by a qualified hydrological professional. 10. Phased Clearing Plan (except farm use): if clearing occurs on slopes over 15% or on a floodplain, showing how clearing is phased to minimize impacts and erosion. 11. Windfirm Assessment: for newly created forest edges, addressing blowdown risk, mitigation (removal, pruning, replacement), and retention of large woody debris within Conservation or Riparian Areas; by a Registered Professional Forester or a Certified Arborist experienced in blowdown mitigation strategies. 12. Detailed Survey: BCLS survey showing retention and replacement areas requiring restrictive covenants. A BCLS survey is also required when trees to be Cut are within 3.0 metres of property boundaries, Conservation or Riparian boundaries, or areas with slopes over 25%. 13. Pre work confirmation: all protection and mitigation measures must be inspected by the Certified Arborist, summarized, submitted to, and approved by, the City before development work begins on site. 21 SCHEDULE B Tree Protection Specifications Applicability - Applies to all trees identified for retention under this bylaw where construction or demolitions activities are present or anticipated. - Install and maintain tree protection barriers (TPB) before any excavation, demolition, servicing, or construction begins, and keep it in place until construction is complete and final sign off is issued. Tree Protection Barrier (TPB) Install a temporary fence around the tree's Critical Root Zone (CRZ) as calculated under the bylaw. See Figure 5.0 for an illustration. The TPB must: - Be at least 1.20 metres high, be sturdy, with posts driven firmly into the ground; - Use 2x4 lumber for vertical posts, top/bottom rails, and "X" cross bracing; alternatively, round, untreated vertical posts with minimum 9 centimetres diameter; - Space vertical posts no more than 3.70 metres on centre; - Include continuous high-visibility plastic mesh screening (e.g., orange snow fencing); - Display visible, weatherproof signage stating: "Tree Protection Area -- No Entry/Encroachment;" and - Be located at the required distance from the trunk based on the CRZ calculation. Non-disturbance zone (inside the TPB) The area within the TPB is a strict non-disturbance zone. The following are prohibited: - storage or stockpiling of soil, materials, or waste; - dumping or washout; - parking or machinery/equipment operation; and - grading, trenching, excavation, or any surface disturbance. Excavation near trees 22 - Any excavation within a CRZ or Dripline requires City approval. - Approved work within the CRZ must be performed by hand or low impact methods under the supervision of a Certified Arborist. - Maintain existing grades within the CRZ. - Re-grading outside the CRZ, it must not adversely affect drainage or the health of retained trees. Tree care during construction - Retained Trees must be adequately cared for throughout construction consistent with Standard Arboricultural Practices. 23 SCHEDULE C REPLACEMENT TREES Applicability Applies to Replacement Trees required per this bylaw and as referenced in Schedule A. Exemptions Replacement Trees are not required when: - the removed tree is dead of natural causes, confirmed by an Arborist or the Manager for non- development applications. Replacement Tree Standards Replacement Trees must meet the current CNLA/CSLA Canadian Landscape Standard and the CNLA Canadian Nursery Stock Standard, to the Manager's satisfaction. - Plant trees according to the City's Tree Planting Detail. See Figure 6.0 for the Tree Planting Detail. - Species must be approved by the Manager, suitable for site conditions, and not invasive, disease prone, or noxious. - Projects with a related development application (subdivision, rezoning, DP, DVP, building, demolition): o Deciduous trees: minimum 6 centimetres caliper o Coniferous trees: minimum 2.50 metres in height o Provide a mix of deciduous and coniferous trees where feasible. - Projects without a related development or building application: o Deciduous: minimum 4 centimetres caliper or 10 gallon pot size o Coniferous: minimum 2.0 metres in height - Alternative sizes/schemes may be approved in writing by the Manager where they support an equitable urban forest. - Not accepted as Replacement Trees: small stature/dwarf varieties, topiary plants, shrubs, hedging cedars, or common hedging trees and windmill palms. 24 - Comply with Section 9.2 for clearances. - Provide contiguous soil volumes per the table below: Size of Tree Contiguous Soil Area Required Soil Volume Required (1.0 m depth) Small tree canopy (spread ≤ 6 m) 8 m2 8 m3 Medium tree canopy (spread ≤ 10 m) 15 m2 15 m3 Large tree canopy (spread > 10 m) 25 m2 25 m3 Replacement Tree Credits Retained trees in development related applications only, may qualify for credits to offset the number of Replacement trees required. The size of a retained tree determines how many Replacement Trees it equals, per the following table: Size of Tree to be Retained (DBH) Within Developable Area Replacement Tree credits 20 cm - 39 cm 2 trees 40 cm - 59 cm 3 trees More than 60 cm (Significant tree) 4 trees Timing of planting - Where no construction or site disturbance will affect tree planting, plant within 6 months of the tree permit issuance or by the date on a City notice of compliance. - Where construction or site disturbance will occur within 10.0 metres of the planting area: plant within 90 days after construction ends. Cash-in-lieu - If the Manager determines onsite planting of required Replacement Trees is not feasible, the Applicant must pay cash-in-lieu per the Fees and Charges Bylaw up to a maximum of $48,000 per hectare. - Cash-in-lieu paid to the City is deposited in the City Tree Reserve. 25 SCHEDULE D FIGURES Figure 1.0: Critical Root Zone (CRZ) Illustration 26 Figure 2.0: DBH (Diameter at breast height) Illustration 27 Figure 3.0: Dripline Illustration 28 Replacement trees shall not be planted: (a) within 1.0 metre of a property line; (b) within 2.0 metres of a permitted building or structure foundation wall; (c) within 1.0 metre of underground utility service lines including but not limited to sanitary, storm, water, or electrical; (d) within 1.0 metre of another tree; (e) within 3.0 metres of overhead powerlines; and (f) within 1.0 metre of the side and 3.0 metres of the front of a pad mounted transformer (PMT). Figure 4.0: Replacement tree locations Illustration 29 Figure 5.0: Tree Protection Barrier Illustration 30 Figure 6.0: Tree Planting Detail