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DISTRICT OF MISSION
TREE MANAGEMENT BYLAW 3872-2006
A bylaw to manage and to regulate tree cutting in Mission.
The Council of the District of Mission, in open meeting assembled, ENACTS AS
FOLLOWS:
Citation
This Bylaw may be cited as "District of Mission Tree Management Bylaw 3872-2006".
1. Definitions
In this Bylaw:
"Council" means the Council of the District of Mission.
"cut" and "cutting" means the cutting down, removal, or cutting so as to cause the
destruction of any tree.
"Director of Engineering and Public Works" means the Director of Engineering and
Public Works for the District, and such other persons authorized by the Director of
Director of Engineering and Public Works to administer this bylaw, or part thereof.
"District" means the District of Mission.
"owner" means the registered owner or owners of a fee simple parcel of land.
"permit" means a permission or authorization in writing by the Director of Engineering
and Public Works to cut or remove a tree(s).
"replacement tree" means a tree to be planted pursuant to Section 9 of this bylaw.
"stream" includes a watercourse or source of water supply, whether usually
containing water or not, a pond, lake, river, creek, brook, ditch and a spring or
wetland that is integral to a stream and provides fish habitat.
"top of bank" means
(a) the point closest to the boundary of the active floodplain of a stream where a
break in the slope of the land occurs such that the grade beyond the break is
flatter than 3:1 at any point for a minimum distance of 15 metres measured
perpendicularly from the break, and
(b) for a floodplain area not contained in a ravine, the edge of the active
floodplain of a stream where the slope of the land beyond the edge is flatter than
3:1 at any point for a minimum distance of 15 metres measured perpendicularly
from the edge.
2. Purpose
This bylaw is intended to support the intent of the Silverdale Urban Residential
Neighbourhood Plan Terms of Reference Policy LAN.48 whereby relevant studies
are conducted on individual properties prior to alteration of environment by the
cutting of trees.
3. Applicability
This bylaw applies only to:
District of Mission Tree Management
Bylaw 3872-2006
Page 2 of 8
(a) parcels of land included in the area designated as Urban/Urban Reserve in
the District's Official Community Plan and located in the south west area of
the District, as identified outlined in bold on Schedule A attached hereto and
forming part of this bylaw; and
(b) any tree having a diameter of at least 20 centimetres (7.87 inches) measured
from a height of 150 centimetres (59.05 inches) above ground elevation.
4. Exceptions
4.1 The following exceptions contained in section 4.2 do not apply to trees located:
(a) within 30m (98.4ft), measured horizontally from the top of bank of all streams;
and
(b) on land having a slope greater than 3:1.
4.2 No permit is required to cut a tree when:
(a) no more than 5 trees are cut for every 0.4 hectare (or portion thereof) on a
parcel of land, to a maximum of 50 trees on a parcel of land, in any calendar
year;
(b) the trees are cut for a purpose that conforms with the provisions of the
District's Zoning Bylaw, including any agricultural use;
(c) in the case of an application to amend the zoning of a parcel of land, a tree
retention/replanting plan has been approved by Council and/or a tree
protection covenant has been filed against title to the parcel;
(d) a subdivision plan, including a lot grading plan, for a parcel of land has been
approved that identifies tree cutting, and/or a tree protection covenant has
been filed against title to the parcel;
(e) the owner has a valid building permit issued by the District to construct a
building(s) and the cutting of a tree is necessary to accommodate the
placement of the building(s), a driveway, private sewage disposal system or
water system, or other required appurtenants such as hydro and
communication lines;
(f) a tree is within 30 metres of any residential dwelling;
(g) a tree is cut by or on behalf of the District, or the provincial or federal
government;
(h) the cutting is required for the construction, improvement or repair of public
works or utilities services undertaken by a public authority, or a public utility,
or its contractors.
5. Prohibitions
(a) Except as provided for in section 4 of this bylaw, no person shall cut or allow to
be cut a tree unless that person has a valid permit.
(b) No person shall fail to comply with any term or condition of a permit or allow a
term or condition of a permit to be contravened.
(c) No person to whom a permit is issued shall cut a tree or permit a tree to be cut
before 07:00 hours or after 20:00 hours.
District of Mission Tree Management
Bylaw 3872-2006
Page 3 of 8
6. Permits
(a) When a permit is required pursuant to this bylaw, an application must be made in
writing to the Director of Engineering and Public Works generally in the form
attached hereto as Appendix "A" and must contain or be accompanied with the
following information:
i.
The reason(s) for cutting the trees;
ii.
A site plan drawn to scale indicating parcel size, location of each tree to be
cut, trees to be protected, existing and proposed buildings, roads,
driveways, parking areas, and any other physical structures;
iii.
A proposed tree replacement plan;
iv.
Department of Fisheries and Oceans approval if there is a stream on the
parcel and the trees to be cut are within an environmentally sensitive area;
v.
If any tree cutting is to occur on land having a slope greater than 3:1, or as
required by the Director of Engineering and Public Works based on site
specific concerns, the application must be accompanied by a report
prepared by a qualified geotechnical engineer certifying that the work will
not create a stability hazard;
(b) An application for a permit must include a fully completed and signed application
form as set out in Appendix "A".
(c) A permit issued under this bylaw, generally in the form attached hereto as
Appendix "B", will be valid for a period of 12 months from the date of issuance.
(d) The issuance of a permit must be approved by Council resolution.
(e) The Director of Engineering and Public Works may revoke or suspend a permit if
the person to whom the permit is issued causes or permits a contravention of this
bylaw or any term or condition of the permit.
7. Replacement Trees
Where a permit is required:
(a) To cut a tree the current owner on the parcel of land shall replace the cut tree on
the same parcel in compliance with the tree replacement plan submitted under
section 6 (a) iii and as set out in Schedule "B". Each replacement tree must be
planted within 3 months of the date of cutting of the tree approved for removal.
(b) The owner of a parcel of land upon which a replacement tree is planted shall
maintain the tree in accordance with standard arboricultural practice for a period
of not less than one year from the date it was planted.
(c) Subsections (a) and (b) do not apply when the trees are removed for agricultural
purposes.
8. Administration and Enforcement
(a) This bylaw will be administered by the Director of Engineering and Public Works
or his designate(s).
District of Mission Tree Management
Bylaw 3872-2006
Page 4 of 8
(b) The Director of Engineering and Public Works, and any person appointed to
enforce or charged with the enforcement of District bylaws may enter at all
reasonable times on any property to ascertain whether the requirements of this
bylaw are being observed.
(c) The Director of Engineering and Public Works, and any person appointed to
enforce or charged with the enforcement of District bylaws may suspend work
being carried out under any permit issued under the terms if this bylaw if the tree
cutting is not being undertaken in accordance with the terms and conditions of
the permit.
9. Offence
(a) Every person who violates any provision of this bylaw or who suffers or permits
any act or thing to be done in contravention of this bylaw is guilty of an offence
against this Bylaw and is liable to the penalties hereby imposed.
(b) Every person who commits an offence against this bylaw is liable to a fine and
penalty of not less than $1,000 and not more than $10,000 for each offence.
(c) Each day that a violation continues shall constitute a separate offence.
10. Validity
If any section or lesser portion of this bylaw is held invalid, it may be severed and the
validity of the remaining provisions of this bylaw will not be affected.
11. Schedules
Schedule "A" and "B" attached hereto form part of the bylaw.
READ A FIRST TIME this 19th day of June, 2006
READ A SECOND TIME this 19th day of June, 2006
READ A THIRD TIME this 19th day of June, 2006
ADOPTED this 4th day of July, 2006
_____________________________ _______________________________
MAYOR
DIRECTOR OF CORPORATE
ADMINISTRATION
I HEREBY CERTIFY the foregoing to be
a true and correct copy of " District of Mission
Tree Management Bylaw 3872-2006".
_______________________________
DIRECTOR OF CORPORATE
ADMINISTRATION
District of Mission Tree Management
Bylaw 3872-2006
Page 5 of 8
SCHEDULE "A"
District of Mission Tree Management
Bylaw 3872-2006
Page 6 of 8
SCHEDULE "B"
Tree Replacement Criteria
Where a permit is required to cut a tree, and subject to an approved tree
replacement plan, a replacement tree shall be provided from the species list provided
below.
Tree Replacement species:
Trees for replanting shall be selected from those trees listed below. New
plantings are to represent a mix of deciduous and coniferous trees, wherever
feasible, and are encouraged to be replanted in natural grouping.
Trees Deciduous
Common Name
Scientific Name
Big leaf maple
Acer macrophyllum
Blackwood cottonwood
Populus balsamifera ssp.
Pacific Dogwood
Cornus nutallii
Bitter Cherry
Prunus emarginata
Pacific crabapple
Malus fusca
Douglas maple
Acer glabrum
Black hawthorn
Crategus douglasii
Vine Maple
Acer circinatum
Trees Conifer
Grand fir
Abies grandis
Noble fir
Abies procera
Douglas fir
Pseudotsuga menziesii
Sitka Spruce
Picea sitchensis
Western red cedar
Thuja plicata
Yellow cedar
Clamaaecyparis nootkatensis
Western White pine
Pinus monticola
Shore Pine
Pinus contorta
District of Mission Tree Management
Bylaw 3872-2006
Page 7 of 8
APPENDIX "A" - TREE CUTTING PERMIT APPLICATION
(must be completed by owner of property)
NAME _____________________________________________________________
ADDRESS_____________________________________________________________
_____________________________________________________________
PHONE (HOME) ______________________ PHONE (WORK)___________________
PURPOSE OF PROPOSED TREE REMOVAL:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
TREES PROPOSED TO BE CUT:
QUANTITY
SPECIES
I HEREBY DECLARE that the above information is correct, that I have been provided
and read a copy of the District of Mission Tree Management Bylaw 3872-2006, and that I
will abide by all of the applicable provisions of the said bylaw and such terms and
conditions as may form part of any Tree Removal Permit issued pursuant to this
application.
I acknowledge and agree that any Tree Removal Permit issued pursuant to this bylaw
does not relieve me from complying with all applicable Federal and Provincial Laws and
that the District of Mission makes no representations or warranties that such tree
removal is lawful or that it may occur with immunity from prosecution.
The following information is attached to this application, as necessary:
__ site plan
__ proposed tree replacement plan
__ top of bank survey plan
__ Department of Fisheries and Oceans approval (if required)
__ geo-technical engineer report (if required)
_____________________________________ _____________________
APPLICANT'S SIGNATURE DATE
District of Mission Tree Management
Bylaw 3872-2006
Page 8 of 8
APPENDIX "B" - TREE CUTTING PERMIT
1. This Tree Cutting Permit is issued pursuant to District of Mission Tree Management
Bylaw 3872-2006, and is valid for a period of twelve (12) months from the date of
issue.
2. This permit is issued to _______________________________________________
and
applies
only
to
property
located
at
__________________________________________, and is issued for the removal
of the following trees:
QUANTITY
SPECIES
3. This permit is subject to compliance with the all of the applicable provisions of the
District of Mission Tree Management Bylaw _________, and such terms and
conditions as may form part of this Tree Removal Permit (as attached) issued
pursuant to the said bylaw. This permit may be revoked at any time by the District of
Mission for any failure to comply with these provisions, terms and conditions.
_________________________________________ ______________________
DIRECTOR OF ENGINEERING AND PUBLIC WORKS
DATE ISSUED