Tree Protection Bylaw 1548

North Saanich, British Columbia

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DISTRICT OF NORTH SAANICH B Y L A W N O. 1548 A BYLAW TO PROVIDE FOR THE PROTECTION AND PRESERVATION OF TREES WHEREAS the Municipal Council may, by Bylaw, exercise certain powers to preserve and protect Trees within the Municipality, prohibit and regulate their Cutting and Removal, and require their replacement; AND WHEREAS Trees provide a variety of individual and community wide benefits such as stormwater management, carbon absorption, air quality, heating and cooling, aesthetic, wildlife habitat, cultural, quality of life and health; AND WHEREAS the Municipal Council considers it in the public interest to deter logging and the clear-cutting of treed lots of land, except where such logging and clear-cutting of treed lots is otherwise permitted, and to provide for the protection, preservation, regulation, and replacement of a target density of Trees within the municipality; NOW THEREFORE the Municipal Council of the District of North Saanich in open meeting assembled enacts as follows: District of North Saanich - District of North Saanich Tree Protection Bylaw No. 1548, 2022 2 Contents 1. DEFINITIONS ................................................................................................................. 3 2. APPLICATION AND INTERPRETATION ............................................................... 7 3. PROHIBITIONS .............................................................................................................. 8 4. EXEMPTIONS ................................................................................................................. 8 5. EMERGENCY REMOVAL OF TREES ...................................................................... 9 6. REMOVAL OF HAZARDOUS TREES OR BRANCHES ....................................... 9 7. TREE PERMITS .............................................................................................................. 9 8. TREE PERMIT APPLICATION ................................................................................ 11 9. REQUIREMENTS FOR TREE PERMITS .............................................................. 12 10. TREE PROTECTION AND MANAGEMENT CONDITIONS ............................ 13 11. MEETING THE TREE MINIMUM WITH DEVELOPMENT ............................ 16 12. REPLACEMENT TREE CONDITIONS .................................................................. 17 13. INSPECTIONS AND ENFORCEMENT .................................................................. 19 14. APPEAL ........................................................................................................................... 19 15. OFFENCE ....................................................................................................................... 20 16. PENALTY ........................................................................................................................ 20 17. GENERAL PROVISIONS ............................................................................................ 21 18. CITATION ....................................................................................................................... 21 19. REPEAL ........................................................................................................................... 21 Schedule "A" ............................................................................................................................... 23 Tree Survey, Tree Management Plan, Arborist Report and Tree Replacement Plan Standards for Applications Related to Development ....................................................... 23 Schedule "B" ............................................................................................................................... 27 Tree Protection Fencing Specifications ............................................................................... 27 Schedule "C" ............................................................................................................................... 29 Replacement Tree Stock and Planting Requirements ..................................................... 29 Schedule "D" .............................................................................................................................. 37 District Tree Compensation Value for the Removal of Public Trees ............................ 37 District of North Saanich - District of North Saanich Tree Protection Bylaw No. 1548, 2022 3 1. DEFINITIONS In this Bylaw, "Agricultural Use" means a use providing for the production, keeping or maintenance, for sale, lease or personal use, of plants and animals, including but not limited to forages and sod crops, greens and seed crops, dairy animals and dairy products, poultry and poultry products, livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats and any mutations or hybrids thereof, including the breeding and grazing of any or all such animals; bees and apiary products; and fruits of all kinds, vegetables, nursery, flora, ornamental and greenhouse products and includes "farm uses" defined in the "Agricultural Land Reserve Use Regulation" adopted under the Agricultural Land Commission Act. "Arborist" means a person holding a current certification of "Certified Arborist" issued by the International Society of Arboriculture. "Arborist Report" means a report prepared in accordance with the standards set out in Schedule "A". "Board of Variance Bylaw" means the District of North Saanich Board of Variance Establishment Bylaw No. 1387 (2015). "Crown" means the entire system of branches, leaves and reproductive structures of a Tree extending away from the trunk or main stem(s), measured from the lowest branch. "Cut" or "Cutting" means cutting down, knocking down, dismantling, or piercing any or all parts of any Tree including its roots, but does not include Pruning of a Tree in accordance with Sound Arboricultural Practice. "Damage" or "Damaged" or "Damaging" means to take any action that is likely to impact or result in harm to the health or structural integrity of a Tree or Protected Tree, including: (a) Pruning not in accordance with Sound Arboricultural Practice; (b) topping to Remove major portions of a Tree Crown by Cutting branches to stubs or to the trunk or Cutting of the main leader or branches, but does not include any re-topping of previously topped trees where the re-topping does not result in harm to the health or structural integrity of the Tree or Protected Tree; (c) lift Pruning where the lower branches of the live Crown (green branches) of the Tree are Removed to reduce the live Crown to less than fifty (50) percent of the total Tree height; (d) Removing more than twenty five (25) percent of the live Crown of a Tree in any twelve (12) month period; (e) poisoning, burning or girdling a Tree; District of North Saanich - District of North Saanich Tree Protection Bylaw No. 1548, 2022 4 (f) Cutting or Damaging the roots of a Tree growing inside the Protected Root Zone; (g) raising or lowering the grade within the Protected Root Zone; (h) placing fill, building materials, asphalt, rock, or a building or structure, or storing or stockpiling of organic material within a Protected Root Zone; (i) operating, staging or parking trucks, backhoes, excavators, mini- excavators, hydro-excavators, mechanical trenchers or other heavy equipment within a Protected Root Zone; (j) denting, gouging, drilling, or harming the branches or the trunk of a Tree; (k) Removing bark from a Tree; (l) depositing concrete, washout, or other liquid or chemical substances harmful to the health of a Tree in a Protected Root Zone; (m) Removing soil from a Protected Root Zone; (n) conducting blasting operations within a Protected Root Zone; and (o) conducting blasting or excavating operations outside of a Protected Root Zone that would harm roots or disturb soil inside a Protected Root Zone. "DBH" (Diameter at Breast Height) means the diameter of a Tree at measured at 1.4 metres (4.6 feet) above the highest point of natural grade of the ground measured from the base of a Tree, or, where a Tree has been Removed or Damaged, means the diameter of a Tree measured at the best available location of the Tree or the stump of the Tree. For multi-stemmed Trees, the three largest stems shall be measured 1.4 metres (4.6 feet) above the highest point of natural grade and the DBH of the Tree shall equal the cumulative total of the DBH of the three largest stems. "Development Permit" means a permit authorized under Division 7 of Part 14 of the Local Government Act. "Director" means an employee designated from time to time by the Chief Administrative Officer as the department head responsible for administration of this Bylaw "District" means, as the context requires, the District of North Saanich or the area within the boundaries of the District of North Saanich. "District Tree" means a Tree on District owned, occupied or leased property. "Fees and Charges Bylaw" means the District's Fees and Charges Bylaw No. 1471, 2018. District of North Saanich - District of North Saanich Tree Protection Bylaw No. 1548, 2022 5 "Hedge" means a row of Trees or shrubs that through growth and Pruning forms a continuous dense screen of vegetation from ground level, providing privacy, fencing, wind breaking, and/or boundary definition. "High or Extreme Risk Tree" means a Tree that has, in the opinion of a Tree Risk Assessor, a high or extreme Tree Risk Assessment Qualification ("TRAQ ") risk rating. "Municipal Ticket Information Bylaw" means the District's Municipal Ticket Information Bylaw No. 1544, 2022. "Official Community Plan" or "OCP" means the Official Community Plan attached to the District's Official Community Plan Bylaw No. 1130, 2007. "Owner" means each and every registered Owner in fee simple of a lot of land and the Trees growing on it, or any person authorized by the Owner or Owners. "Protected Root Zone" means (a) the area of land surrounding the trunk of a Tree that contains the bulk of the critical root system of the Tree, as defined on a plan prepared by an Arborist and approved by the Director; or (b) in the absence of such information, the area of land surrounding the trunk of a Tree contained within a circle having a radius which is calculated by multiplying the DBH of the Tree by 12. "Protected Species" the following Tree species with a DBH of 10 centimetres or more: (a) Arbutus (Arbutus menziesii); (b) Garry Oak (Quercus garryana); (c) Pacific Dogwood (Cornus nuttallii); (d) Pacific or Western Yew (Taxus brevifolia); and (e) Shore or Lodge Pole Pine (Pinus contorta var. contorta). "Protected Tree" means the following: (a) A Tree of a Protected Species; (b) A Significant Tree; (c) A District Tree; (d) A Tree within an area designated in the Official Community Plan as a Development Permit area for the protection of the natural environment, its ecosystems and biological diversity or for the protection of development from hazardous conditions under section 488 of the Local Government Act; District of North Saanich - District of North Saanich Tree Protection Bylaw No. 1548, 2022 6 (e) A Tree retained or replaced as a requirement of a subdivision application, preliminary layout acceptance, Development Permit, blasting permit, building permit, fill permit or a plumbing permit; (f) A Tree with evidence of nesting or use by: raptors as defined in the Wildlife Act, osprey, or a heron colony; and (g) A Replacement Tree. "Pruning" means the Cutting of twigs or branches in accordance with the Sound Arboricultural Practice. "Qualified Professional" means a person in good standing with a legislated self- regulating association in British Columbia who is acting within the individual's area of expertise and includes a professional Biologist, Agrologist, Arborist, Forester, Geoscientist, Engineer, Architect, and Landscape Architect. "Remove, Removing, Removal or Removed" means to Cut a Tree and remove it from the lot where it was growing prior to Cutting. "Replacement Tree" means a Tree that will or has been planted on a lot to: (a) replace Trees Removed or irreparably Cut, pruned or Damaged on the same lot as required by the District in accordance with this Bylaw, or (b) achieve the Tree Minimum on a lot. "Significant Tree" means any Tree having a DBH that is 60 cm (24 inches) or more, but excludes cottonwood (Populus balsamifera ssp. trichocarpa), alder (Alnus rubra), and Pacific willow (Salix lucida). "Sound Arboricultural Practice" means practices in accordance with the most current version of the American National Standards Institute (ANSI) Publication, "American National Standard for Tree Care Operations - Tree, Shrub, and Other Woody Plant Management - Standard Practices" and the companion "Best Management Practices" Series of the International Society of Arboriculture. "Tree" or "Trees" means a woody, self-supporting, perennial plant with a root system and having a single or multiple stem: (a) with a DBH of 20 centimetres (8 inches) or more; (b) with a DBH of 10 centimetres (4 inches) or more within an area designated in the District's Official Community Plan as a Development Permit area for the protection of the natural environment, its ecosystems and biological diversity or for the protection of development from hazardous conditions under section 488 of the Local Government Act; or District of North Saanich - District of North Saanich Tree Protection Bylaw No. 1548, 2022 7 (c) of any size when a District Tree. "Tree Management Plan" means a plan prepared in accordance with the standards set out in Schedule "A". "Tree Minimum" means 50 Trees per hectare (20 Trees per acre). "Tree Permit" means a permit issued pursuant to this Bylaw. "Tree Replacement Fund" means a fund where security deposits are retained by the District and if retained by the District may be used to pay for the future management, care and replacement of District Trees "Tree Replacement Plan" means a plan prepared in accordance with the standards set out in Schedule "A". "Tree Risk Assessor" means an Arborist who holds the International Society of Arboriculture's TRAQ. "Tree Survey" means a survey prepared in accordance with the standards set out in Schedule "A". "Zoning Bylaw" means the District Zoning Bylaw No. 1255, 2011. 2. APPLICATION AND INTERPRETATION 2.1 This Bylaw applies to all lands under the jurisdiction of the District. 2.2 Any calculation of the number of Trees under this Bylaw which produces a requirement for part of a Tree shall be rounded up to the next highest integer. 2.3 All words and phrases that are not defined in this Bylaw must be construed in accordance with the meanings assigned to them in other bylaws, the Community Charter, the Local Government Act and the Interpretation Act as the context and circumstances require. 2.4 A reference to a statute in this bylaw refers to a statute of the Province of British Columbia, and a reference to any bylaw, enactment, publication or standard refers to that bylaw, enactment, publication or standard as it may be amended, consolidated or replaced from time to time. 2.5 Words in the singular include the plural, and gender specific terms include both genders and corporations. 2.6 Headings in this bylaw are for convenience only and do not define or limit the scope or intent of this bylaw. 2.7 A reference to a section number is a reference to a section number in this bylaw unless otherwise indicated. District of North Saanich - District of North Saanich Tree Protection Bylaw No. 1548, 2022 8 3. PROHIBITIONS 3.1 Except where an exemption under section 4 applies, no person shall Cut, Damage or Remove any Tree or Protected Tree or cause, suffer or permit any such Tree or Protected Tree to be Cut, Damaged or Removed, unless a Tree Permit has been issued and the activity is carried out strictly in accordance with the Tree Permit. 3.2 No person shall fail to comply with the requirements of this Bylaw. 3.3 No person shall alter, falsify, or otherwise misrepresent any information on Tree Permit or application. 3.4 No person shall Cut, Damage or Remove any Tree, the Removal of which requires a Development Permit under the Official Community Plan, prior to the issuance of a Development Permit. 4. EXEMPTIONS 4.1 This Bylaw does not apply to: (a) Trees that are Cut or Removed within the Agricultural Land Reserve established under the Agricultural Land Commission Act, provided that the Owner files with the District a commissioned affidavit and an Arborist Report verifying that the purpose of Cutting or Removal of a Tree is to enable the land on which the Trees are growing to be used for an Agricultural Use and that the Agricultural Use cannot be located elsewhere on the lot so as to accommodate the Tree; (b) Pruning of Trees or Hedges when the Pruning is done in accordance with Sound Arboricultural Practice; (c) Trees that are Cut or Removed, pursuant to the Hydro and Power Authority Act or the Pipeline Act; (d) Trees that are Cut or Removed by a qualified land surveyor pursuant to the Land Surveyors Act when Cutting survey lines of a width of less than 2 metres (6.5 feet); (e) Trees that are Cut, Damaged or Removed pursuant to works undertaken by the District or its authorized agents; (f) Trees on property owned by either the Government of Canada or the Province of British Columbia that are Cut or Removed by that entity or its authorized agents; District of North Saanich - District of North Saanich Tree Protection Bylaw No. 1548, 2022 9 (g) Trees on the property located in the area zoned as Private Common Area/Open Space Zone (P5) in the Zoning Bylaw and which are located on common property of the Eagle Ridge Strata (Plan VIS 1579) or Wood Creek Strata (VIS 768) (both "Exempt Stratas"), for so long as the Exempt Strata has in place strata bylaws or a covenant registered against title restricting the Cutting of Trees and Protected Trees on common property to the satisfaction of the Director; (h) Trees that are Cut or Removed to ensure airport navigational safety; or (i) Re-topping of a tree that does not cause Damage to the tree. 5. EMERGENCY REMOVAL OF TREES 5.1 In the event that a Tree is in imminent danger of falling and injuring persons or property due to natural causes, and it is not possible to obtain a Tree Permit prior to the Tree falling, the Owner may Cut the Tree or have it Cut but shall report the Cutting to the Director within the next business day. The Owner shall not Remove the Tree from the lot until the District has visited the lot and confirmed that the Tree was in imminent danger of falling and injuring persons or property. If the District determines that the Tree was not in imminent danger, or was in imminent danger, but due to reasons other than natural causes, the District may impose a penalty on the Owner in accordance with section 16. 6. REMOVAL OF HAZARDOUS TREES OR BRANCHES 6.1 The Director may, by providing written notice to such person, require that an Owner of a lot trim, Remove, or Cut any Trees, Hedges, bushes or shrubs on the lot that the Director considers to be: (a) a hazard to the safety of persons on public land; or (b) likely to damage public property. 6.2 If the Director requires, by providing notice to such person, that an Owner of a lot trim or Remove a Tree, the Director may waive or reduce the Tree Permit fee and the Replacement Tree requirement. 7. TREE PERMITS 7.1 Prior to Cutting, Damaging or Removing a Tree or a Protected Tree, applicants must apply to the District for a Tree Permit using the prescribed application form. District of North Saanich - District of North Saanich Tree Protection Bylaw No. 1548, 2022 10 7.2 A Tree or a Protected Tree may only be Cut, Damaged or Removed where its Owner holds a valid and subsisting Tree Permit to do so. 7.3 The Director may issue a Tree Permit to Cut or Remove a Tree, other than a Protected Tree, in the following circumstances: (a) the lot of land will retain the number of Trees or Protected Trees required to meet the Tree Minimum; and (b) not more than 12 Trees per hectare (5 Trees per acre) per calendar year are being Removed in a contiguous group. 7.4 In addition to 7.3, the Director may issue a Tree Permit to Cut or Remove a Tree or a Protected Tree in the following circumstances: (a) the Tree or Protected Tree will be critically impacted by the construction of a principal building; (b) the Tree or Protected Tree will be critically impacted by a building, structure or other improvement that is not a principal building (the "Installation") and it is not possible to modify or relocate the Installation elsewhere on the lot in order to retain the Tree or Protected Tree; (c) it is a High or Extreme Risk Tree or has an imminent likelihood of failure and the risk or likelihood of failure cannot be mitigated other than by Cutting, Damaging or Removing the Tree where no building permit is required, the construction, building or other such site alteration, cannot be modified or relocated on the lot n order to retain the Tree or Protected Tree; (d) it is dead or more than fifty (50) percent of its Crown is dead; (e) it is of a species that is a regulated invasive plant or unregulated invasive plant of concern in British Columbia as declared by the Province or the Invasive Species Council of BC; (f) it is situated within two (2) metres of an existing foundation wall permitted pursuant to the Zoning Bylaw, as measured from the outer stem of the Tree at 1.4 metres up the stem, to the foundation; (g) The Tree is causing damage to a structure or infrastructure and the damage cannot be mitigated other than by Cutting, Damaging or Removing the Tree, as determined by the Director or a Qualified Professional Engineer with the approval of the Director; or (h) it poses a wildfire hazard to the property and the wildfire hazard cannot be reduced or eliminated other than by Removing the Tree as determined by a Qualified Professional Forester and to the satisfaction of the Director. District of North Saanich - District of North Saanich Tree Protection Bylaw No. 1548, 2022 11 8. TREE PERMIT APPLICATION 8.1 Applications for Tree Cutting, Damage or Removal shall be made in the form prescribed for that purpose by the Director and available on the District's website. 8.2 In addition to 8.1, the Director may require the applicant to provide any of the following documents: (a) Where the lot is subject to a permit application related to development: an Arborist Report, a Tree Survey, a Tree Management Plan, and a Tree Replacement Plan, or any one or other combination of the foregoing; preliminary lot grading and servicing; written confirmation and photo documentation by an Arborist that Tree protection fencing is in place and constructed in accordance with Schedule "B"; and a letter of undertaking, in the form prescribed for that purpose by the Director, from an Arborist and the Owner to the District. (b) Where the Tree is a High or Extreme Risk Tree, a written report from a Tree Risk Assessor; (c) Where the Director considers that the proposed Cutting, Removal or Damage could result in: slope destabilization or landslip, flooding or erosion; adverse impacts on retained Trees or adjacent properties; risk of blowdown; risk of personal injury, or Damage to property; or detrimental effects on watercourses, fish or wildlife habitat, or other important environmental features or functions; a report by a Qualified Professional addressing those risks and certifying that, if carried out in accordance with recommendations in the report, the risks may be minimized, and how they can be minimized. (d) Other information that the Director determines is necessary to adequately describe the nature and extent of the proposed Cutting, Damage or Removal. 8.3 A Tree Permit holder may apply in writing to the Director for an amendment or extension of their Tree Permit before the date that the permit expires as set out in section 9.9. If a Tree Permit lapses before an District of North Saanich - District of North Saanich Tree Protection Bylaw No. 1548, 2022 12 application to the Director for an amendment or extension, a Tree Permit holder must obtain a new Tree Permit from the Director. 9. REQUIREMENTS FOR TREE PERMITS 9.1 The Director may issue, amend or extend a Tree Permit if: (a) the Director has approved any document or information that was required by the Director in accordance with this Bylaw; (b) the applicant has paid all applicable fees prescribed in the Fees and Charges Bylaw; (c) the applicant has provided any security required in accordance with sections 10.3(c) or 12.5; (d) the applicant has paid any cash-in-lieu or compensation for District Trees in accordance with sections 12.2 and 12.3; and (e) all other conditions of this Bylaw have been met. 9.2 Notwithstanding, Section 9.1, the Director may renew a Tree Permit a maximum of two times. 9.3 The Director may include conditions regarding the Cutting, Removal, replacement or retention of a Tree in a Tree Permit, and the Tree Permit holder and the Owner must ensure compliance with those conditions. 9.4 If the Director extends or modifies a Tree Permit, all terms and conditions set out in the original Tree Permit shall apply to each extension or modification of the Tree Permit, except: (a) as expressly amended or modified by the extension or modification form; and (b) that the applicant may be required to provide additional protection security in accordance with sections 10.3(c) or 12.5. 9.5 If circumstances on the site or requirements pursuant to this Bylaw have changed significantly, or it is impractical to extend or modify a permit, the Director may require the Tree Permit holder to apply for a new Tree Permit. 9.6 After reviewing an application, the Director may do any of the following: (a) Issue, amend or extend a Tree Permit subject to conditions; or (b) refuse to issue, amend or extend a Tree Permit and provide written notice of the reasons for refusal within 15 days of the date of refusal. 9.7 The Director may refuse a Tree Permit if: District of North Saanich - District of North Saanich Tree Protection Bylaw No. 1548, 2022 13 (a) the application appears to be in contravention with this Bylaw or another bylaw of the District; (b) it is the Director's opinion that the issuance of a Tree Permit would be contrary to the Official Community Plan; (c) the application appears to be in contravention with a provincial Act or Regulation or a federal Act; (d) the Cutting, Damage or Removal would create a hazard to any adjacent property or other Tree in the vicinity; (e) the Director is not satisfied that the standards and requirements of this Bylaw or the Tree Permit are being met, or that they can effectively be met; or (f) The applicant fails to comply with the requirements of this Bylaw. 9.8 The Director may suspend or cancel a Tree Permit if: (a) the Tree Permit holder or the Owner fails to comply with a term or condition of the Tree Permit, (b) the application for the Tree Permit contains misleading, inaccurate, incomplete or erroneous information or omits information required under this Bylaw; (c) it is the Director's opinion that the issuance of a Tree Permit would be contrary to the Official Community Plan; or (d) the Tree Permit holder or the Owner fails to comply with this Bylaw. 9.9 The amount of time for which a Tree Permit is valid is as follows: (a) where the Tree Permit is issued concurrent with a permit application related to development, two years from the date of Tree Permit issuance; and (b) for all other permits, one year from the date of issuance. 10. TREE PROTECTION AND MANAGEMENT CONDITIONS 10.1 Upon issuance, the holder of a Tree Permit must: (a) display a copy of the Tree Permit on the subject property at least 48 hours before commencing Tree Cutting, Removal or Damage in an accessible, visible location acceptable to the Director; and (b) identify with a flag, paint, survey tape or other similar markers each Tree to be Removed. District of North Saanich - District of North Saanich Tree Protection Bylaw No. 1548, 2022 14 10.2 All work authorized by a Tree Permit shall be conducted by the Owner or by a Tree service company that has a valid business license to work within the District. 10.3 If in the Director's opinion it is necessary based on the proximity of Trees on a lot to adjacent construction, demolition, excavation, or installation of works and services, the Director may require the Owner to: (a) install and maintain Tree protection fencing around the Protected Root Zone of the Tree or Protected Tree, in accordance with Schedule "B", (b) implement alternative protective measures approved by the Director, or (c) remit a protection security of $1,000 per Tree and $3,000 per Significant Tree up to a maximum of $50,000 per lot when construction, demolition, excavation, or installation of works and services may Damage a Tree or Protected Tree. 10.4 The protection security in section 10.3(c), if applicable, may be: (a) submitted in the form of cash, cheque, irrevocable letter of credit, bank draft or in a form satisfactory to the Director; (b) returned to the permit holder once all of the following conditions are satisfied: all construction, demolition, excavation, or installation of works and services on the site is complete; a final occupancy permit for a building or structure on the lot has been issued by the District, if applicable; and the applicant's Arborist has provided an Arborist Report, to the satisfaction of the Director, including photographs, monitoring dates and supervision memos as evidence confirming that the Trees or Protected Trees have not been Damaged in violation of this Bylaw and have been properly protected and maintained in accordance with this Bylaw and the Tree Permit; or (c) transferred to the Tree Replacement Fund if all of the requirements for release of security have not been satisfied within the earlier of: two years from the date that all construction, demolition, excavation, or installation of works and services on the site is completed, two years from the date that a final occupancy permit has been issued for a building or structure on the lot, or two years from the date of issuance of the Tree Permit, unless the Tree Permit has been extended in accordance with the provisions of this Bylaw. District of North Saanich - District of North Saanich Tree Protection Bylaw No. 1548, 2022 15 10.5 The Director may require the Owner to submit an impact assessment report by an Arborist detailing observed or suspected Damage and recommending mitigation options for a Protected Tree. The Director may require such a report to obtain further information on any of the following: (a) whether a Tree or Protected Tree was significantly Damaged in violation of this Bylaw; (b) whether a Tree or Protected Tree that was Damaged will survive or be safe to retain; or (c) whether mitigation of the Damage can improve the health of the Tree or Protected Tree. 10.6 If a Tree or Protected Tree is Cut, Removed or Damaged in violation of this Bylaw, and the Tree will not survive or is not safe to retain, the Director may retain the full security amount that was provided for the Tree, if applicable, and such money shall be placed in the Tree Replacement Fund. 10.7 If a Protected Tree is significantly Damaged in violation of this Bylaw, and the Tree will survive and be safe to retain, the Director may: (a) require that the Owner have mitigation work completed by an Arborist, if mitigation of the Damage may improve the health or structure of the Tree; or (b) retain 50% of any security amount that was provided for the Tree and place it in the Tree Replacement Fund, if the Director is not satisfied that either the mitigation of the Damage can improve the health or structure of the Tree or that the Owner will have an Arborist perform the mitigation work. 10.8 When a Tree or Protected Tree has been Cut, Damaged or Removed in violation of this Bylaw, the trunk, limbs, roots and other remains of the Tree shall not be Removed from the lot until an investigation and assessment by the Director is complete and the Removal is expressly authorized by the Director. 10.9 Notwithstanding any of the requirements of this section, an Owner that Cuts, Damages or Removes a Tree or Protected Tree in violation of this Bylaw remains subject to penalties pursuant to this Bylaw. 10.10 Every Owner of a property where a Tree protection fence is required must ensure that, throughout the entire period of construction, demolition, excavation, or installation of works and service, the fence: (a) is maintained in accordance with Schedule "B"; and District of North Saanich - District of North Saanich Tree Protection Bylaw No. 1548, 2022 16 (b) remains in place, unless the Director is satisfied that the Tree protection fence is no longer necessary and has authorized, in writing, its Removal at an earlier time. (c) A person must not Damage, destroy, or alter an authorized Tree protection fence. 10.11 Notwithstanding subsections 10.3(a), 10.10, and 10.10(c), the Director may authorize the temporary Removal or relocation of the Tree protection fence to allow work to be done within or near a Protected Root Zone. Such authorization must be in writing, and may include conditions such as requiring the applicant to provide: (a) An Arborist Report from the applicant's Arborist, satisfactory to the Director, setting out the reasons and proposed duration for such Removal or relocation; and (b) a signed letter of undertaking from the applicant's Arborist, in the form prescribed for that purpose from time to time by the Director, confirming that the applicant's Arborist will be on site and supervising all such work. and thereafter, the applicant shall only Remove or relocate the Tree protection fencing in accordance with the approved report and at those times during which the applicant's Arborist will be on site and supervising all such work. 11. MEETING THE TREE MINIMUM WITH DEVELOPMENT 11.1 Where the lot is subject to a subdivision permit application, the applicant will be required to achieve the Tree Minimum on each lot: (a) by requiring the retention of Trees or Protected Trees; (b) by requiring the Owner to provide and maintain Replacement Trees; or (c) where the Director determines that it is not feasible or desirable to require Replacement Trees on the same lot on which the Trees were Removed, by requiring the Owner to pay $700 into the District's Tree Replacement Fund for each Replacement Tree that will not be planted. 11.2 For the purpose of calculating whether a lot retains the Tree Minimum: (a) each Tree or Protected Tree that is retained, other than a Significant Tree, shall count as one Tree; and, (b) each Significant Tree that is retained shall count as three Trees. District of North Saanich - District of North Saanich Tree Protection Bylaw No. 1548, 2022 17 11.3 A Tree or Protected Tree must be in good health and must not be a High or Extreme Risk Tree in order to be counted towards the Tree Minimum. 12. REPLACEMENT TREE CONDITIONS 12.1 Where the Director has issued a Tree Permit, a Tree Permit holder shall plant two Replacement Trees for each Protected Tree and Tree that is allowed to be Removed, up to a maximum total number of Replacement Trees that achieves the Tree Minimum for the lot. 12.2 Notwithstanding 11.1 and 12.1: (a) each Significant Tree that is Removed shall require three Replacement Trees, except where a lot achieves a tree density of 50 Significant Trees per hectare (20 Significant Trees per acre); (b) each Tree that is Removed within an area designated in the Official Community Plan as a Development Permit Area for the protection of the natural environment shall require two Replacement Trees of a native species that is likely to flourish on the site and is acceptable to the Director; (c) each District Tree Removed shall require the Tree Permit holder to compensate the District with the cash value in accordance with Schedule "D"; and, (d) no Replacement Trees or cash value will be required when the Tree or Significant Tree that is Removed is a High or Extreme Risk Tree, dead, a wildfire hazard under section 7.4(h) or is of a species that is a regulated invasive plant or unregulated invasive plant of concern in British Columbia as declared by the Province or the Invasive Species Council of BC. 12.3 If, in the opinion of the Director, the lot cannot accommodate one or more of the required Replacement Trees on the same lot on which the Trees were Removed, the Owner shall provide to the District a cash-in-lieu payment of $250 for each required Replacement Tree that cannot be accommodated on the lot, which cash-in-lieu payment is to be placed into the Tree Replacement Fund. 12.4 Notwithstanding 12.3, where the lot is subject to a subdivision permit application, the applicant shall provide a cash-in-lieu payment of $700 for each required Replacement Tree that cannot be accommodated on the lot, which cash-in-lieu payment is to be placed into the Tree Replacement Fund. District of North Saanich - District of North Saanich Tree Protection Bylaw No. 1548, 2022 18 12.5 If Replacement Trees are required, the Owner shall provide security in the amount of $250 for each Replacement Tree to be planted and maintained. 12.6 Notwithstanding 12.5, where the lot is subject to a subdivision permit application, the applicant shall provide security in the amount of $700 for each Replacement Tree to be planted and maintained, except for those Replacement Trees covered by a landscaping bond as part of a Development Permit. 12.7 The security in section 12.5 or section 12.6 may be submitted in the form of cash, cheque or irrevocable letter of credit, bank draft or in a form satisfactory to the Director. 12.8 Full security for each Replacement Tree held by the District will, upon application by the Owner, be returned to the permit holder upon confirmation by the Director that each Replacement Tree was planted and is in a healthy condition on the date specified in section 12.9. 12.9 Every Owner required to plant a Replacement Tree must plant it by the following deadline: (a) where the Tree Permit is issued in support of a permit application related to development, the within the earlier of one year from the date that the final occupancy permit is issued for the building or structure on the lot, or four years from the date of Tree Permit issuance, unless the Tree Permit has been extended in accordance with the provisions of this Bylaw; or (b) for any other Tree Permit application, one year from the date of permit issuance. 12.10 Replacement Trees must be planted on the same lot where they were Removed unless the Owner made a cash-in-lieu payment in accordance with section 12.3. 12.11 Every Owner required to plant a Replacement Tree must plant and maintain each Replacement Tree in accordance with Sound Arboricultural Practice, the Tree Permit, any Tree replacement plan required, the requirements Schedule "C", and the latest edition of the CNLA/CSLA "Canadian Landscape Standard". 12.12 If any Owner fails to plant a Replacement Tree when required to do so by this Bylaw or a Tree Permit, the District may retain all security held by the District for that Replacement Tree, and such money shall then be used for the planting of a Tree on another site to replace the Tree canopy lost. District of North Saanich - District of North Saanich Tree Protection Bylaw No. 1548, 2022 19 13. INSPECTIONS AND ENFORCEMENT 13.1 The Director or a District employee authorized by the Director may enter at all reasonable times on any property to make an assessment or inspection for any purpose under this Bylaw. 13.2 A person must not prevent or obstruct, or attempt to prevent or obstruct, an entry authorized under 13.1. 13.3 If a person has caused or allowed a Tree or Protected Tree to be Cut, Damaged or Removed in contravention of this Bylaw or contrary to a Tree Permit, or if the information supplied by the applicant in the application for a Tree Permit is determined to be misleading, inaccurate, incomplete or erroneous, without limiting other enforcement action under this Bylaw, the Director may issue and post at the lot a Stop Work notice requiring the Owner and all persons having notice of the Stop Work notice to immediately stop Tree Cutting and activity causing Damage and all work within the Protected Root Zone of the affected Tree on the lot until otherwise authorized to continue in writing by the Director. 13.4 A person must not fail to comply or permit any action or thing to be done in contravention of any order or notice issued by the Director. 13.5 The Owner of a lot on which a Stop Work notice has been posted, and every other person having knowledge of the Stop Work notice shall immediately cease all Tree Cutting and activity causing Damage and all work within the Protected Root Zone of the affected Tree, and shall not resume until all applicable provisions of this Bylaw have been complied with and the Stop Work notice has been rescinded by the Director. 14. APPEAL 14.1 The Owner of a lot on which a Tree is subject to a decision by the Director may request that Council reconsider the decision or any condition attached to the decision in accordance with this section. 14.2 If an Owner would like Council to reconsider a decision of the Director, the Owner shall deliver written notice to the Chief Administrative Officer of the Owner's request to have Council reconsider the decision within thirty (30) days of receiving the decision. The written request for reconsideration must include the following information: (a) The name and contact information for the Owner; (b) A description of the decision of the Director that the Owner is asking Council to reconsider; District of North Saanich - District of North Saanich Tree Protection Bylaw No. 1548, 2022 20 (c) The legal description and civic address of the lot owned by the Owner; and (d) The reasons why the Owner wishes for Council to reconsider the decision of the Director. 14.3 An Owner may apply, in accordance with the Board of Variance Bylaw, to the board of variance for an order under section 542 of the Local Government Act. Unless otherwise ordered by the Board of Variance, an Owner who receives an order from the Board of Variance which permits a minor variance to the requirements of this Bylaw shall provide to the District a cash-in-lieu payment of $250 for each Tree permitted to be removed in contravention of this Bylaw, which cash-in-lieu payment is to be placed into the Tree Replacement Fund. 15. OFFENCE 15.1 Any person who: (a) violates or fails to comply with any provision of this Bylaw; (b) submits misleading, inaccurate, incomplete or erroneous information to the District in order to qualify for an exemption or obtain a Tree Permit; (c) permits, suffers or allows any action or thing to be done in violation of this Bylaw; or (d) fails or neglects to do anything required to be done under this Bylaw, contravenes this Bylaw, and when the contravention is a continuing one, each day that the contravention continues constitutes a separate contravention, and when the contravention Damages more than one Tree, the Damages to each Tree constitutes a separate contravention. 15.2 Any person who contravenes this bylaw commits an offence and upon conviction by way of a proceeding under the Offence Act is liable to a penalty of up to fifty thousand dollars ($50,000.00) for each offence and the costs of prosecution. 15.3 This bylaw may be enforced by the issuance of a municipal ticket information under the Municipal Ticketing Information Bylaw. 16. PENALTY 16.1 In the event that the Owner of the lot fails to pay the costs of compliance before the 31st day of December in the year following the year that the compliance was effected by the District, the costs shall be added to and form part of the taxes payable on the lot as taxes in arrears. District of North Saanich - District of North Saanich Tree Protection Bylaw No. 1548, 2022 21 16.2 Other than a municipal ticket information issued under the Municipal Ticketing Information Bylaw, every person convicted of an offence under this Bylaw shall be liable as follows: (a) subject to subsections (b) and (c), the minimum penalty for an offence under this Bylaw is a fine of not less than $500.00, and not more than $50,000.00, per Tree; (b) any person who commits an offence under this Bylaw that results in the Removal, death or other loss of a Tree or Protected Tree is subject to a fine of not less than $5,000.00, and not more than $50,000.00, per Tree; and (c) any person who commits an offence under this Bylaw that results in the loss of a Significant Tree is subject to a fine of not less than $10,000, and not more than $50,000, per Tree. 16.3 The penalties for a municipal ticket information issued under the Municipal Ticketing Information Bylaw shall be as set out in the Municipal Ticketing Information Bylaw. 17. GENERAL PROVISIONS 17.1 The provisions of this Bylaw are severable and the invalidity of any part of this Bylaw shall not affect the validity of the remainder of this Bylaw. 18. CITATION 18.1 This Bylaw may be cited as "District of North Saanich Tree Protection Bylaw No. 1548, 2022". 19. REPEAL 19.1 District of North Saanich Tree Protection By-law No. 935, 1999 and all bylaws amending the said bylaw are hereby repealed. District of North Saanich - District of North Saanich Tree Protection Bylaw No. 1548, 2022 READ A FIRST TIME the 20 day of September, 2022. READ A SECOND TIME the 20 day of September, 2022. READ A THIRD TIME the 20 day of September, 2022. FINALLY PASSED AND ADOPTED the 3rd day of October, 2022. -u //^.j , y/.^/< l-'l MAYOR /7 mL CORPORATE OFFICER 22 District of North Saanich - District of North Saanich Tree Protection Bylaw No. 1548, 2022 23 Schedule "A" Tree Survey, Tree Management Plan, Arborist Report and Tree Replacement Plan Standards for Applications Related to Development A. Tree Survey 1. The purpose of the tree survey is to accurately locate the position of the Trees that may be impacted by the proposed work on or adjacent to a lot, to establish Ownership and to accurately establish the Protected Root Zones of all Trees and Tree protection requirements for Tree retention during development. The tree survey should be used as the base for the Tree management plan. 2. The tree survey must comply with the following requirements: a. The tree survey must be based on a legal survey of the lot, completed by a registered BCLS surveyor. b. All dimensions included on the tree survey must be metric. c. The tree survey must be a scaled drawing, legible at 11" x 17" and include the following: i. The locations and type of all existing and proposed utilities entering or immediately adjacent to the subject lot(s) comprising the site. ii. Legal description; rights-of-way, covenant areas, easements, existing and proposed property lines; existing and proposed building footprints and excavation zones; walkways, patios, driveways and access; existing and proposed grades at each of the four corners of the subject site; water, storm and sanitary sewer lines; Hydro, telephone and gas lines; plus any proposed or existing service kiosks must also be shown. iii. A sufficient number of elevation points so that areas where Cuts or fills are required can be identified on future grading plans and the Tree Management Plan. iv. The location and diameter at breast height (DBH) of all: - Trees and Protected Trees on the subject lot, - Trees on the District frontage and any other District Trees that may be impacted, and - Trees and Protected Trees on adjacent properties with Protected Root Zones or tree canopies extending onto the subject lot, or that would otherwise require tree protection. v. The type (i.e., coniferous or deciduous) of all Trees. vi. A title block with north arrow, scale, date, surveyor or professional engineer's seal and company name. vii. A legend to identify symbols is required. Revised plans must be dated. District of North Saanich - District of North Saanich Tree Protection Bylaw No. 1548, 2022 24 B. Tree Management Plan 1. The purpose of submitting the Tree Management Plan is to show the location of Trees along with their canopy spread and Protected Root Zones in relation to proposed changes, so potential impacts can be analyzed and Trees can be identified as retained or Removed. Additionally, the Tree Management Plan is used to show where tree protection fencing, Arborist supervision, ground protection or other mitigation measures are required. 2. The Tree Management Plan must comply with the following requirements: a. It must be prepared with the Tree Survey as its basis and include the location of all inventoried Trees. b. It must be prepared by an Arborist. c. It must show all proposed changes including buildings, landscaping, hardscaping, and frontage works. d. It must show Trees to be Removed, indicated with a bold X through the survey point. e. It must show Trees to be retained, indicated at the survey point with a circle symbol and the Protected Root Zone must be indicated with a bold, scaled, solid-line circle. f. It must show any works requiring Arborist supervision or tree protection recommendations and indicate the location where they apply. g. It must include a title block with north arrow, scale, date and company name, and a legend to identify symbols, all dimensions in metric. h. It must identify all inventoried onsite Trees with unique, reference ID numbers, in accordance with the Arborist Report. i. It must identify Trees on adjacent properties in reports and plans as 'Offsite' trees with unique numbers (OS-##), and District Trees with unique numbers (D-##). j. It must date all plans and revisions. 3. The applicant must provide the Arborist with up-to-date drawings and inform the Arborist of any details for proposed changes to plans throughout all stages of the development. C. Arborist Report 1. The purpose of the Arborist Report is to provide the necessary information to determine suitable Trees for preservation, and to prescribe Tree protection and mitigation measures, including the definition of specific areas and activities requiring Arborist supervision. 2. The Arborist Report must comply with the following requirements: a. It must be prepared by an Arborist who is also a Tree Risk Assessor. District of North Saanich - District of North Saanich Tree Protection Bylaw No. 1548, 2022 25 b. It must include a title page/introduction to include: Name of Arborist and company, Arborist ISA certification number, address, project and proponent information, project background and consultant's assignment, general site observations including aerial context photo; c. It must include a description of proposed work and, when applicable, proposed development on the lot including all hardscape, landscape, hydrology and grade changes, all proposed frontage work, and all underground and overhead utility services. d. It must include the following Trees: i. Trees and Protected Trees on the subject lot, ii. Trees on the District frontage and any other District Trees that may be impacted, and iii. Trees and Protected Trees on adjacent properties with Protected Root Zones or Tree canopies extending onto the subject lot, or that would otherwise require tree protection. e. It must include a tree inventory in table format with species, DBH, canopy diameter, condition, location, retention suitability, tag number, and comments about proposed site plan in relation to potential Tree impacts. Comments should address tree Removal, grading plan, site servicing, building elements and landscape grading, soil preparation, proposed hardscape, irrigation and lighting elements, Pruning requirements, retention/Removal recommendation including comments for Tree protection measures and the Protected Root Zone. f. It must include, when relevant, Tree risk assessment for Trees on the subject lot (or other areas at the discretion of the Tree Risk Assessor) in a table format with High or Extreme Risk Trees summarized using the International Society of Arboriculture (ISA) Tree Risk Assessment Qualification (TRAQ) criteria. Tree Risk Assessors should use a two- year time frame to determine the probability of failure. g. It must include a tree retention and Removal summary table by Trees and Protected Tree type. h. It must include a tree replacement summary table calculating the total Trees required on site. For sites required to meet the Tree Minimum, the table should include credits for retained Trees on-site, credits for Replacement Trees on-site and any Replacement Tree deficit. i. It must include a list of other consulting agency documents that inform the tree assessment, including the version and date of such documents (e.g., lot layout plans, servicing plans, biologist reports). j. In must include site photos that: i. capture the context of inventoried Trees on the site, District of North Saanich - District of North Saanich Tree Protection Bylaw No. 1548, 2022 26 ii. capture individual Trees when there are specific considerations or conditions of concern for that Tree that are addressed in the Arborist Report, iii. are labelled as numbered figures with captions describing any numbered Tree tags, direction of photo, and description of what it is pictured, and iv. are marked up with Tree tag numbers for each Tree if multiple Trees are shown. k. Date all revisions. D. Tree Replacement Plan 1. The purpose of the replacement tree plan is to show where new Trees will be planted on site as replacements for Protected Trees. It must identify all Protected Trees that are to be retained, and the species and location of all proposed Replacement Trees. 2. The Replacement Tree plan must: a. Be prepared by an Arborist or landscape architect. b. Show Trees to be retained. c. Show the location and species of proposed Replacement Trees consistent with the requirements in Schedule "C". d. Include a title block with north arrow, bar scale, date and company name, and a legend to identify symbols. e. Date all plans and revisions. District of North Saanich - District of North Saanich Tree Protection Bylaw No. 1548, 2022 27 Schedule "B" Tree Protection Fencing Specifications The requirements for tree protection barriers are as follows: 1. The barrier must be placed around the outside of the Protected Root Zone of the Tree, or as approved by the Director; and 2. The barrier must meet the following specifications: a. The fence will be constructed using 38 x 89 mm (2" x 4") wood frame for top, bottom and posts (in rocky areas, metal posts (t-bar or rebar) drilled into rock will be accepted); b. Use snow fencing mesh and secure to the wood frame with "zip" ties or galvanized staples; and c. Have Attached a sign with minimum size of 407 mm x 610 mm (16" X 24') with the following wording: i. DO NOT ENTER- Tree Protection Zone (for retained trees) or; ii. DO NOT ENTER- Future Tree Planting Zone (for tree planting sites). iii. This sign must be affixed on every fence face or at least every 10 linear metres. Below is an example showing an acceptable barrier: District of North Saanich - District of North Saanich Tree Protection Bylaw No. 1548, 2022 28 District of North Saanich - District of North Saanich Tree Protection Bylaw No. 1548, 2022 29 Schedule "C" Replacement Tree Stock and Planting Requirements A. Size of stock 1. Replacement Trees must be: a. Where the Tree Permit was issued in support of a permit application related to development, at time of planting, a minimum of 6.0 cm caliper for deciduous Trees and a minimum of 2.0 m in height for coniferous Trees, or b. For all other sites, at time of planting, a minimum 4.0 cm caliper or 10 gallon pot size for deciduous Trees and a minimum of 1.5 m in height for coniferous Trees, except for the Tree species Arbutus menziesii, which must be contained in a #5 pot when acquired from a nursery or a landscaper-supplier. 2. Despite the above subsections, Replacement Trees may be of a comparable size approved by the Director if obtaining the above sizes is not possible. B. Spacing 1. Replacement Trees must be planted: a. At least 3.0 m away from a building foundation wall, b. At least 1.0 m away from any property line of a lot, above and underground utility, driveway or other paved surface, and c. In a location approved by the Director. 2. Every Replacement Tree must be spaced from existing Trees and other Replacement Trees in accordance with the table below to ensure the best chance of survival of the replacement and existing Trees. Row # Tree Size Minimum spacing 1 Small Tree 2.0 m 2 Medium Tree 4.0 m 3 Large Tree 6.0 m C. Timing of planting 1. Replacement Trees must be planted during the suitable local planting seasons generally defined as fall (September - November) and spring (February - April). District of North Saanich - District of North Saanich Tree Protection Bylaw No. 1548, 2022 30 2. Despite the above subsection, where planting must occur outside of the prescribed time periods, then a strategy for ensuring the Trees are watered (in the summer) and appropriately cared for must be included as part of the Tree Permit application. District of North Saanich - District of North Saanich Tree Protection Bylaw No. 1548, 2022 31 D. Replacement Species 1. The following types of Trees may be provided as Replacement Trees, and those types that identified as being native species are allowed as Replacement Trees within an area designated in the Official Community Plan as a Development Permit Area for the protection of the natural environment. Genus Species Cultivated Variety Common Name Class Size Native species Abies nordmanni ana Nordmann fir Conifer Large Abies balsamea Balsam fir Conifer Medi um Abies fraseri Fraser fir Conifer Medi um Abies grandis Grand fir Conifer Large Yes Abies concolor White fir Conifer Medi um Acer macrophyll um Big Leaf maple Deciduous Large Yes Acer saccharum Sugar maple Deciduous Large Acer miyabei Rugged Ridge Rugged Ridge maple Deciduous Medi um Acer rubrum Armstrong Armstrong maple Deciduous Medi um Acer rubrum Red maple Deciduous Medi um Acer saccharum Legacy Legacy sugar maple Deciduous Medi um Acer truncatum Crimson Sunset Pacific Sunset maple Deciduous Medi um Acer davidii David's maple Deciduous Small Acer truncatum Shangtung maple Deciduous Small Acer griseum Paperbark maple Deciduous Small Aesculus indica Indian horse chestnut Deciduous Medi um Aesculus X carnea Briotii Red horse chestnut Deciduous Medi um Alnus rubra Red alder Deciduous Large Arbutus menziesii Arbutus Broadleaf evergreen Medi um Yes Betula nigra Dura Heat Dura Heat birch Deciduous Medi um Calocedru s deccurens Incense cedar Conifer Large Carpinus betulus Fastigiata Pyramidal hornbeam Deciduous Medi um Castanea mollissima Chinese chestnut Deciduous Medi um District of North Saanich - District of North Saanich Tree Protection Bylaw No. 1548, 2022 32 Genus Species Cultivated Variety Common Name Class Size Native species Catalpa bignonioide s Southern catalpa Deciduous Large Catalpa speciosa Northern catalpa Deciduous Medi um Celtis occidentalis Common hackberry Deciduous Medi um Cercidiphy llum japonicum Japanese katsura tree Deciduous Medi um Chitalpa tashkenten sis Chitalpa Deciduous Small Cladrastis kentukea American yellowood Deciduous Medi um Cladrastis kentukea Perkins Pink Perkins Pink American yellowwood Deciduous Medi um Cornus nuttallii Pacific dogwood Deciduous Medi um Yes Cornus X nuttallii Eddie's white wonder Deciduous Medi um Cornus kousa Satomi Satomi dogwood Deciduous Small Cornus X Venus Venus Venus dogwood Deciduous Small Corylus colurna Turkish filbert Deciduous Medi um Crataegus douglasii Black hawthorn Deciduous Small Yes Cryptomer ia japonica Japanese cedar Conifer Large Chamaecy paris nootkatensi s Yellow cedar Conifer Large Davidia involucra ta Hankerchief tree Deciduous Sma ll Fagus sylvatica Asplenifolia Fern leaved beech Deciduous Larg e Fagus sylvatica Pendula Weeping beech Deciduous Larg e Fagus sylvatica European beech Deciduous Larg e Fagus sylvatica Riversii Riversii beech Deciduous Med ium Rhamnu s purshian a Cascara Deciduous Sma ll Fraxinus american a Autumn Purple Autumn Purple white ash Deciduous Larg e Fraxinus latifolia Oregon ash Deciduous Larg e Fraxinus pennsylv anica Green ash Deciduous Larg e District of North Saanich - District of North Saanich Tree Protection Bylaw No. 1548, 2022 33 Genus Species Cultivated Variety Common Name Class Size Native species Fraxinus american a Autumn Applause Autumn Applause ash Deciduous Med ium Ginkgo biloba Princeton Sentry Princeton Sentry ginkgo Deciduous Larg e Ginkgo biloba Maidenhair tree Deciduous Larg e Gleditsia triacanth os Honey locust Deciduous Med ium Gleditsia triacanth os Shademaste r Shademaster locust Deciduous Med ium Gymnocl adus dioicus Kentucky coffeetree Deciduous Larg e Gymnocl adus dioicus Espresso Espresso coffeetree Deciduous Larg e Juglans nigra Black walnut Deciduous Larg e Juglans regia English walnut Deciduous Larg e Koelreut eria paniculat a Goldenrain tree Deciduous Sma ll Larix decidua European larch Deciduous conifer Larg e Liquida mbar styraciflu a Sweetgum Deciduous Larg e Liquida mbar styraciflu a Worplesdon Worplesdon sweetgum Deciduous Larg e Lirioden dron tulipifera Arnoldii Arnold tulip tree Deciduous Larg e Lirioden dron tulipifera Tulip tree Deciduous Larg e Maackia amurensi s Amur mackia Deciduous Sma ll Magnoli a accumina ta Yellow Bird Yellow Bird magnolia Deciduous Med ium Magnoli a kobus Kobus magnolia Deciduous Med ium Magnoli a x Galaxy Galaxy magnolia Deciduous Sma ll Magnoli a grandiflo ra Victoria Victoria magnolia Broadleaf evergreen Sma ll Malus fusca Pacific crabapple Deciduous Med ium Yes District of North Saanich - District of North Saanich Tree Protection Bylaw No. 1548, 2022 34 Genus Species Cultivated Variety Common Name Class Size Native species Metaseq uoia glyptostr oboides Dawn redwood Deciduous conifer Larg e Nyssa sylvatica Tupelo Deciduous Med ium Ostrya virginian a Ironwood Deciduous Med ium Oxydend rum arboreum Sourwood Deciduous Sma ll Parrotia persica Persian ironwood Deciduous Sma ll Parrotia persica Ruby Vase Ruby Vase persian Ironwood Deciduous Sma ll Phellode ndron amurens e Amur cork tree Deciduous Sma ll Picea abies Norway spruce Conifer Larg e Picea orientalis Oriental spruce Conifer Larg e Pinus densiflor a Japansese red pine Conifer Med ium Pinus thunberg ii Japanese black pine Conifer Med ium Pinus contorta Contorta Shore pine Conifer Med ium Yes Pistacia chinensis Chinese pistache Deciduous Sma ll Populus tremuloid es Quaking aspen Deciduous Med ium Yes Prunus sargentii Sargent's cherry Deciduous Sma ll Pseudots uga menziesii Douglas fir Conifer Larg e Yes Quercus garryana Garry oak Deciduous Larg e Yes Quercus robur English Oak Deciduous Larg e Quercus bicolor Swamp white oak Deciduous Larg e Quercus coccinea Scarlett oak Deciduous Larg e Quercus dentata Japanese Emperor oak Deciduous Larg e District of North Saanich - District of North Saanich Tree Protection Bylaw No. 1548, 2022 35 Genus Species Cultivated Variety Common Name Class Size Native species Quercus macrocar pa Bur oak Deciduous Larg e Quercus phellos Willow oak Deciduous Larg e Quercus rubra Red oak Deciduous Larg e Quercus frainetto Hungarian oak Deciduous Med ium Quercus robur Fastigiata Pyramidal English oak Deciduous Med ium Quercus ilex Holly oak Broadleaf evergreen Sma ll Robinia pseudoac acia Black locust Deciduous Larg e Robinia pseudoac acia Frisia Golden Black Locust Deciduous Med ium Salix lasiandra Pacific willow Deciduous Med ium Sorbus x hybridia Oakleaf mountain ash Deciduous Sma ll Stewarti a pseudoca milia Japanese stewartia Deciduous Sma ll Styphnol obium japonicu m Japanese pagodatree Deciduous Larg e Styrax obassia Fragrant snowbell Deciduous Sma ll Taxodiu m distichu m Baldcypress Deciduous conifer Larg e Taxus brevifolia Pacific yew Deciduous Sma ll Yes Tilia cordata Little leaf linden Deciduous Larg e Tilia american a Deciduous Larg e Ulmus american a Brandon Brandon elm Deciduous Med ium Ulmus parvifolia Lacebark elm Deciduous Med ium Zelkova serrata Green Vase Green Vase zelkova Deciduous Med ium Zelkova serrata Japanese zelkova Deciduous Med ium District of North Saanich - District of North Saanich Tree Protection Bylaw No. 1548, 2022 36 Or other species acceptable to the Director based on our knowledge of current tree inventories, site conditions and performance. District of North Saanich - District of North Saanich Tree Protection Bylaw No. 1548, 2022 37 Schedule "D" District Tree Compensation Value for the Removal of Public Trees Compensation for each District Tree Removed will be calculated in accordance with the table below. Size of the District Tree Removed Compensation per Tree Removed Tree of any size if the Tree is, as approved by the Director: - a High or Extreme Risk Tree, or - more than 50% of its Crown is dead . $0 11 - 20 cm DBH $ 750 21 - 30 cm DBH $ 1,000 31-40 cm DBH $ 1,500 or the International Society of Arboriculture's appraisal formula may be used to determine appropriate compensation value. >41 cm DBH The International Society of Arboriculture's appraisal formula may be used to determine appropriate compensation value.