Tree Protection Bylaw 7671 — full text

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Document: 1905170 THE DISTRICT OF NORTH VANCOUVER Tree Protection Bylaw Bylaw 7671 Effective Date - July 23, 2012 CONSOLIDATED FOR CONVENIENCE ONLY This is a consolidation of the bylaws below. The amending bylaws have been combined with the original bylaw for convenience only. This consolidation is not a legal document. Certified copies of the original bylaws should be consulted for all interpretations and applications of the bylaw on this subject. Original Bylaw Date of Adoption Bylaw 7671 July 23, 2012 Amending Bylaws Date of Adoption Bylaw 7960 December 12, 2012 Bylaw 8271 December 11, 2017 Bylaw 8559 May 30, 2022 Bylaw 8583 July 18, 2022 The bylaw numbers in the margin of this consolidation refer to the bylaws that amended the principal bylaw (Tree Protection Bylaw - Bylaw 7671). The number of any amending bylaw that has been repealed is not referred to in this consolidation. Document: 1905170 The Corporation of the District of North Vancouver Bylaw 7671 The Council for The Corporation of the District of North Vancouver enacts as follows: A bylaw to protect, preserve and conserve trees and their physical, societal, economic and environmental characteristics as associated with the forested character of the District of North Vancouver. WHEREAS the Council for the Corporation of the District of North Vancouver wishes to protect and preserve certain trees within the District, including those trees defined in this bylaw as "protected trees" and "large-diameter trees" and to implement a permit system in connection with such trees, The Council for The Corporation of the District of North Vancouver enacts as follows: PART 1 INTRODUCTION Citation 1. This Bylaw may be cited as "Tree Protection Bylaw 7671, 2012". (8583) Administration 2. The Environmental Protection Officer and others designated by the General Manager, Planning, Properties & Permits are authorized to administer this bylaw. (8583) Application 3. This bylaw does not apply to tree cutting, pruning or removal by or on behalf of the District on park, highway or other land owned or held by the District or works for the purpose of installing, repairing or maintaining public works infrastructure, services or utilities. (8583) Definitions 4. In this Bylaw: ancillary structures means man-made structures, including but limited to sheds, platforms, decks, stairs, steps, retaining walls, driveways, paths, sidewalks, fences, play houses, tree houses, gazebos, hot tubs and swimming pools, but excludes permanent structures. certified arborist means an arborist who is certified by and in good standing with the International Society of Arboriculture. canopy means the extent of the outer layers of leaves or needles of an individual or group of trees. 20% canopy cover means the area of canopy within a subject property boundary such that the area of canopy, when viewed from above in plan view, is equal to 20% of the subject Document: 1905170 property area as determined by the Environmental Protection Officer, Community Forester or the Manager. When calculating the size of the canopy, only that portion of the tree canopy that is located on the subject property is counted towards canopy cover; any portion of the tree canopy that extends over neighbouring private or public land is not included in the calculation of the canopy cover. certified tree risk assessor means a certified arborist or other qualified professional(s) who holds the "Tree Risk Assessment Qualification" ("TRAQ") under the authority of the International Society of Arboriculture. Building Inspector means the person appointed to that position by the District and an authorized designate. Bylaw Enforcement Officer means the person appointed to that position by the District whose duties include the enforcement of bylaws. Community Forester means the person appointed to that position by the District and an authorized designate. covenant tree means a tree that must be permanently protected pursuant to a covenant registered against title to the property in the Land Title Office crown means the entire system of branches, leaves and reproductive structures of a tree extending away from the trunk or main stem(s). cut means to limb, trim, top or prune any parts of a tree, including the root zone, or to remove, by any mechanical means, any branch, foliage, root, stem, or other part of a tree, and "cutting" shall have the corresponding meaning. damage means to take any action that may cause a tree to die or decline or cause it to become hazardous, including but not limited to root severance, girdling, ringing, poisoning, burning, excessive crown lifting or reduction, topping, soil compaction, depositing or removing soil, depositing toxins on any part of a tree or into groundwater taken up by a tree, placing concrete or any other hard surface within the root zone of a tree, blasting within 5 metres of the root zone, excessive pruning of the crown, branches, limbs and or roots, and pruning in a manner not in accordance with current arboricultural best practices or the "American National Standards Institute Publication A300" and the companion publication "Best Management Practices - Tree Pruning", as revised, updated or replaced from time to time. DBH means diameter of the stem of a tree at breast height, except where the tree has multiple stems at such a point, in which case the DBH of such tree shall be the sum of 100% of the diameter of the largest stem and 60% of the diameter of each additional stem to a maximum of 6 stems, all measured at breast height, and breast height for the purposes of such measurements shall be deemed to be 1.3 metres above the natural grade on the uphill side of the tree. deposit means place, move, discharge, spray, spill, leak, seep, pour, emit, store, stockpile, or release directly or indirectly into or onto the land, air, soil and groundwater such that damage to a tree results and depositing has a corresponding meaning. development means any of the following: Document: 1905170 a. Construction of, addition to or alteration of a building or other structure, including without limitation: i. new building construction; ii. building additions and alterations, including alterations to exterior materials; iii. construction of, addition to or alteration of accessory buildings and structures, including pools, hot, sheds and other structures; or iv. construction of, addition to or alteration of retaining walls; and b. Alteration of land, including, without limitation: i. site clearing or removal of vegetation; ii. landscaping, including planting and clearing; iii. site grading; iv. tree cutting; v. placement of fill, or disturbances of soils, rocks or other native materials; vi. creation of impervious and semi-impervious surfaces (such as patios and driveways); vii. installation, construction or alteration of flood protection or erosion protection works; viii. installation, construction or alteration roads, trails, docks, wharves or bridges; or ix. drainage, hydro, water, sewer or other utilities or utility corridors, including underground sprinkler or irrigation systems. DP Permit means a permit for development in an area designated as a development permit area by the District's Official Community Plan Bylaw 7900, as amended or replaced. District means the Corporation of the District of North Vancouver or the geographic area within the municipal boundaries of the District, as the context requires. District Council means the elected municipal council of the District. District Tree Contractor means a person or company that is on the current list of contractors that meet the requirements to conduct tree work on District property. Environmental Control Technician means the person appointed to that position by the District and an authorized designate. Environmental Protection Officer means the person appointed to that position by the District and an authorized designate. Document: 1905170 Fees and Charges Bylaw means the District's Fees and Charges Bylaw, Bylaw 6481, as amended or replaced from time to time. Field Arborist means the person appointed to that position by the District and an authorized designate. Forester means a Registered Professional Forester who is registered with the Association of BC Forest Professionals. hazardous as pertaining to a tree or tree(s) means assessed to be in a condition of "high or extreme risk" to people or property as reported by a certified tree risk assessor in accordance with an industry-recognized standard acceptable to the District. heritage tree means a designated tree that has been determined to be of significant value to the community because of special characteristics such as size, age, uniqueness of species, uniqueness of ecosystem, or heritage or landmark value. in-stream work means any work that is capable of altering or controlling the flow of water in a stream, or damaging, weakening or reducing the ability of the bank, bed or channel of a stream to carry storm or flood waters, or interfering with or eliminating vegetation from the riparian area, and includes, without limitation, a wall, crib, weir, dam, rip-rap and other forms of erosion protection. large-diameter tree means any tree having a DBH of 75 centimetres (cm) or more that is not also a protected tree. All stem measurements are to be rounded up to the next nearest cm (example: 74.3cm → 75cm). Manager means the District's General Manager, Planning, Properties & Permits, the Section Manager of Environmental Sustainability (Operations) or the Manager of Parks, and the designates of each. Municipal Clerk means the person appointed to that position by the District and an authorized designate. natural boundary means the visible high water mark of the ocean where the presence and action of the water are so common and usual and so long continued in all ordinary years as to mark the soil of the bed of the body of water with a character distinct from that of its banks in vegetation or in the nature of the soil itself. old growth tree means any tree(s) or forest ecosystem that is 250 years old or older. permanent structure means any long lasting foundation, building or structure placed or erected on a secure pad or footing that was lawfully constructed, placed or erected in accordance with any District bylaw or approval condition in effect at the time of construction, placement or erection. potential streamside vegetation is considered to exist if there is a reasonable ability for regeneration or growth of vegetation either with assistance through enhancement or naturally, but an area covered by a permanent structure or ancillary structure is considered incapable of supporting potential streamside vegetation. protected area means an area adjacent to a stream that links aquatic to terrestrial ecosystems and includes both existing streamside vegetation and potential streamside Document: 1905170 vegetation, and both existing and potential upland vegetation that exerts an influence on the stream. The width of the protected area is measured from the centreline of the stream to a point 15 metres distant from the top of bank of the stream, measured horizontally from the top of bank of the stream except: i. in a ravine that is greater than 60 metres in width, it is measured from the centreline of the stream to a point 10 metres distant from the top of bank of the ravine, measured horizontally from the top of bank of the ravine; and ii. on a parcel that is greater than 0.5 hectares in size and located on or adjacent to the Capilano River, Lynn Creek or Seymour River or located on or adjacent to Mackay Creek at any point south of Marine Drive, it is measured from the centreline of the stream to a point 30 metres distant from the top of bank of the stream measured horizontally from the top of bank of the stream. protected tree means: a. any tree which is located on or which straddles land owned or in the possession or control of the District, including, without limitation, any tree located in a park or on a road, boulevard or lane allowance; b. any tree located within a protected area; c. any tree located on a steep slope; d. any replacement tree; e. any covenant tree; f. any heritage tree; g. any wildlife tree; h. any old growth tree; i. any tree located on wetland or waterfront; j. any tree within the following District Development Permit Areas established in the District's Official Community Plan: Protection of the Natural Environment; Streamside Protection; and Slope Hazard. k. any tree of the following species: i. Arbutus (Arbutus menziesii); ii. Garry Oak (Quercus garryana); iii. Oregon Ash (Fraxinus spp); iv. Pacific Yew (Taxus brevifolia); v. Western White Pine (Pinus monticola); or vi. Yellow-cedar (Chamaecyparis nootkatensis). ravine means a narrow, steep-sided valley that is commonly eroded by running water and has a slope grade greater than 3:1. Document: 1905170 remove means to entirely sever the main stem(s), fell or uproot a tree or cause damage that, in the opinion of the Manager, will result in severe decline and/or death of a tree or cause a tree to become hazardous. "Removed", "removal" and "removing" shall have corresponding meanings. replacement tree means a tree required in accordance with this bylaw to be planted, either on the subject site or at another location, to replace a tree that has been cut, removed or damaged or a tree planted as a condition of subdivision or other municipal approval. retained tree means a tree that is affected by development on a lot and identified in a tree permit, building permit or other District approval as not to be cut and required to be protected as prescribed in this bylaw. For clarity, retained trees may be located on the lot that is the subject of the development or on an adjacent lot and can also be a shared hedge. root zone means the spatial extent of the entire root system of a tree(s) that has developed to maintain normal health and stability. A formula of 10x DBH is to be used for this baseline calculation and modified depending on site limitations and species profile, as determined by a certified arborist. security deposit means the security provided pursuant to section 26 of this bylaw. shared tree means a tree with more than 25% of the trunk diameter located on adjacent District land. steep slope means land with a slope angle greater than 20 degrees (36%) measured over a vertical distance of 3 metres or more. straddles means where the base of the main stem(s) of a tree above the root flare straddles the property line; stream includes: a. A pond, lake, river creek or brook, whether it usually contains water or not; and b. A ditch, spring or wetland that is connected by surface flow to something referred to in paragraph (a). top means to entirely sever the stem of a tree such that the upper stem and branches of the tree are completely removed, resulting in an abruptly truncated stem, and topping and topped shall have corresponding meanings. top of bank means the first significant break in a slope where the break occurs such that the grade beyond the break is flatter than 3:1 for a minimum distance of 15 metres measured horizontally from the break, and the break does not include a bench within a ravine that could be developed. tree means a long-lived woody perennial plant having one or more stems, with the capacity to grow to a considerable height and bearing lateral branches at some distance from the ground with at least one stem having a diameter of 5 centimetres or more measured at DBH or having a height of 2 metres or taller as measured from the natural grade on the uphill side of the tree. Document: 1905170 tree permit means a permit issued pursuant to this bylaw authorizing the pruning, cutting or removal of one or more protected trees or large-diameter trees. tree protection barrier means a sturdy temporary or permanent fence or barrier that meets the current District standards for tree protection as specified by the Manager. vegetation means, collectively, native and/or naturalized plant life occupying terrestrial or aquatic habitat. waterfront means the land lying between a line measured horizontally 30 metres inland from the natural boundary. wetland means land that is inundated or saturated by surface or groundwater with such frequency and for such duration as is sufficient to support, and under normal conditions does support, obligate hydrophytes or other vegetation typically adapted for life in saturated soil conditions and includes, without limitation, swamps, marshes, bogs and similar sites and all land above and within 30 metres measured horizontally from the boundaries of such sites. Without limiting the generality of the foregoing, wetland includes those areas designated and delineated on the following attachments to the Environmental Protection and Preservation Bylaw 6515, as amended or replaced: A.2 - Mackay Creek Marsh, A.3 - Hogan's Pools and A.4 - Park Street Marsh. wildlife tree means any standing dead or live tree having special characteristics that provide valuable habitat for the conservation or enhancement of wildlife, as determined and classified in accordance with criteria contained in the "Wildlife/Danger Tree Assessor's Course Workbook - Parks and Recreation Sites" or such amended, successor or replacement criteria or guidelines that may from time to time be commonly applied by certified tree risk assessors in identifying wildlife trees. work means any activities or site disturbance connected with landscaping, the cutting or removal of a tree, the cutting or removal of vegetation, the removal of soil, the deposit of soil or other material, the construction of permanent structures or ancillary structures, in- stream work and the installation of drainage works, but does not include the regular maintenance of planted gardens and/or lawns. Zoning Bylaw means the District's Zoning Bylaw 3210, 1965, as amended from time to time. (8583) 5. Number 5 was skipped in numbering. (8583) PART 2 PROHIBITIONS Failure to Comply with Tree Permit 6. No person shall fail to comply with the terms and conditions of a tree permit issued pursuant to this Bylaw. Cutting, Damaging and Removal Prohibited 7. A person must not cut, damage or remove, or permit or cause to be cut, damaged or removed, a protected tree or large-diameter tree: Document: 1905170 a) without a tree permit issued pursuant to Part 5 of this Bylaw; or b) contrary to a tree permit issued pursuant to Part 5 of this Bylaw. Notwithstanding this section 7, if a tree is a protected tree only because it is owned by the District, then if the branches of such tree encroach upon a person's land, that person may prune such tree back to his or her property line without a permit, provided that such pruning does not result in damage to a protected tree. (8583) PART 3 TREE PROTECTION DURING DEVELOPMENT Application 8. This part applies to all trees affected by any development of the land on which they are located or on land adjacent thereto. Tree Protection Zone 9. No work is permitted within the tree protection zone prescribed in section 9A(a) except work that is specifically authorized by a tree permit and only in accordance with the plans and methods approved in such tree permit. 9A. A person performing work on lands containing one ore more retained trees or on lands adjacent to such lands must: a) establish a tree protection zone by installing a tree protection barrier around any retained tree or group of retained trees at the outside boundary of the root zone of the tree or outermost tree; b) ensure that such tree protection barrier is constructed to meet or exceed current District standards, or is constructed of materials otherwise satisfactory to the Environmental Protection Officer; c) display signage satisfactory to the Environmental Protection Officer indicating that the area within the tree protection barrier is a "Tree Protection Zone"; d) arrange for inspection of the tree protection barrier by the Environmental Protection Officer before any work commences and refrain from commencing work until the Environmental Protection Officer has approved the tree protection barrier; and e) ensure that the tree protection barrier remains in place and is not altered, damaged or modified until written approval for its removal is received from the Environmental Protection Officer. (8583) PART 4 HERITAGE TREES Currently Designated Heritage Trees Document: 1905170 10. The trees identified in Schedule A are hereby designated as heritage trees for the purpose of this Bylaw. Procedure to Nominate Additional Heritage Trees 11. A person may nominate a tree not identified in Schedule A as a heritage tree if such tree meets the District's criteria for a heritage tree, and the District Council shall determine, in its sole discretion, whether such tree shall be designated as a heritage tree. PART 5 APPLICATION FOR TREE PERMIT Tree Permit Application 12. An application for a tree permit in relation to a protected tree or large diameter tree must be submitted to the District in the form specified by the Manager and in accordance with the District's Master Document ENV 118 Tree Permit - DNV together with the following information: a) a report from a certified arborist and/or a certified tree risk assessor, if applicable, stating the purpose and rationale for the proposed tree work and such report must include the following: i. a description of the proposed work; ii. a site plan indicating the location of tree or trees to be cut; removed or protected; iii. an inventory of all protected trees and large-diameter trees and a description of all topographic and hydrographic features, ancillary structures, permanent structures, roads and other pertinent features on or proposed on the subject property; iv. a description of the cutting and/or removal methods to be used and the tree protection measures that will be used to protect any retained trees; v. where tree(s) are on steep slope, a report signed by a registered professional engineer, geoscientist or forester that the proposed pruning or removal will not result in an increased risk or danger of flooding, erosion or slope instability; vi. a report from a certified tree risk assessor, if the tree or part of the tree is to be declared hazardous; vii. a proposed replanting plan specifying the location, species, size and class of tree(s) or vegetation to be planted after the tree work specified in the permit is complete; viii. a copy of any applicable federal or provincial approval, if required; ix. where required by the Environmental Protection Officer, a survey undertaken by a B.C. Registered Land Surveyor confirming the location of the subject tree(s); and Document: 1905170 x. any other information required by the Manager in relation to issuance of a tree permit; and b) consent from the owner of the tree, in writing; c) where the stem of the tree straddles one or more property lines, written consent from the owners of each property on which any part of the stem of the tree is located; d) where the tree is a shared tree, consent from the District; e) payment of the fee prescribed in the Fees and Charges Bylaw. Tree Permit Conditions 13. In connection with the issuance of a tree permit, the Environmental Protection Officer, Community Forester or Manager are authorized to impose any conditions that the Environmental Protection Officer, Community Forester or Manager deems appropriate to protect other trees, vegetation, soils, stream, waterfront, wetland, habitat, or municipal works which conditions may include, but are not limited to: a) that the cutting and/or removal of a tree or trees be carried out under the direct supervision of a certified arborist; b) that a specific tree or trees be cut or removed; c) that replacement trees and/or other vegetation be planted and specifying the required species, size, location and other characteristics of such replacement trees and/or vegetation and the length of time for which such replacement trees and/or vegetation must be maintained; d) that a certified arborist be employed to supervise, monitor or report on any work; e) that a report by a qualified professional be provided confirming that the tree permit and the work is consistent with provincial or federal laws; f) that specific methods of tree protection or construction be used or provided; and g) such other conditions as the Environmental Protection Officer, Community Forester or Manager deems appropriate in the circumstances. 14. A permit holder must comply with all of the terms and conditions of a permit. Expiry of Tree Permit 15. A tree permit automatically expires one year after issuance. Refusal to Issue Tree Permit 16. The Environmental Protection Officer, Community Forester or Manager may refuse to issue a tree permit if: a) the tree or trees do not meet any of the criteria set forth in subsections 19(a) or (b) of this bylaw; Document: 1905170 b) the tree is a shared tree; c) the subject tree is a protected tree and the proposed work would adversely affect the health and survival of the tree, materially alter the character or natural form of the tree, affect slope stability or affect the ecology of the area, is not required to maintain the health or stability of the tree or is contrary to a permit issued pursuant to this bylaw; or d) the proposed work would involve topping the tree and such tree has not previously been topped in accordance with the valid tree permit. 17. Notwithstanding the requirements prescribed in section 12, where an application is submitted for a tree permit for minor work on a tree for the purpose of wind firming, improving the natural aesthetics or shape of a tree, access to natural light, reasonable view access or similar purpose and the Environmental Protection Officer is satisfied that the proposed minor work will not result in damage to a tree or trespass to property, a tree permit will not be unreasonably withheld and may be issued at the discretion of the Environmental Protection Officer. Revocation of Tree Permit 18. The Environment Protection Officer, Community Forester or Manager may revoke a tree permit if the terms and conditions of the tree permit have been breached or the information supplied by the applicant in support of the tree permit is determined by the Environmental Protection Officer, Community Forester or Manager to have been inaccurate, incomplete, misleading or erroneous. Hazardous Trees - Permit to Cut or Remove 19. Provided that the hazardous tree is not located on District land and is not a protected tree, the Environmental Protection Officer, Community Forester or Manager may issue a tree permit for the removal or cutting of a hazardous tree where satisfied that the tree is: a) hazardous, dead, damaged, diseased or in decline beyond expectation of recovery based on a report by a certified tree risk assessor or as otherwise demonstrated by the applicant; or b) impairing, interfering or damaging the normal operation of sewers, drains, water lines, septic fields, electrical lines, permanent structures, poles or other similar equipment and appurtenances and that the impairment, interference or risk cannot be reduced or removed in any way other than the whole or partial removal of the tree. 20. The Environmental Protection Officer, Community Forester or Manager may determine which, if any, of the requirements prescribed in section 12 apply in order to obtain a tree permit for removal of the tree. Large-Diameter Tree - Permit to Cut or Remove 21. Without limiting section 12 of this bylaw, the Environmental Protection Officer, Community Forester or Manager may issue to an owner or owner's authorized agent a tree permit for the cutting or removal of a large-diameter tree upon receiving an application in the form specified by the Manager together with the applicable fee specified in the Fees and Charges Bylaw on the following conditions: Document: 1905170 a) If the subject lot will have less than 20% canopy cover remaining after the removal of the relevant large-diamter tree or trees and any other trees slated for removal or cutting, then: i. if the subject lot is less than 420 square meters in area, the applicant must plant one replacement tree for every large-diameter tree removed or damaged; ii. if the subject lot is 420 square meters or more in area, the applicant must plant three replacement trees for every large-diameter tree removed or damaged; b) If one or more replacement trees are required under this section as a condition of permit issuance, the applicant may, instead of providing such replacement tree(s), pay the additional environmental compensation fee specified in the Fees and Charges Bylaw, which environmental compensation fee may be used by the District for planting trees and upgrading, improving or maintaining forested areas anywhere in the District; or c) If the subject lot will have more than 20% canopy cover after the removal of the relevant large-diameter tree(s), no replacement trees or additional environmental compensation fee is required. Trees on District Land - Permit to Cut or Remove 22. Prior to the issuance of a tree permit for any work on or straddling District land, the applicant for a tree permit or authorized agent is required to engage a contractor from the District Tree Contractor list for the proposed work. After confirming the scope of the proposed work with the Environmental Protection Officer, Community Forester or Manager or other authorized person, the applicant or authorized agent will provide a written fee estimate for the proposed work including the cost of all clean up, restoration and replanting required in accordance with the estimate by the District Tree Contractor. The District reserves the right to refuse any application if the estimate provided is deemed unsatisfactory or insufficient in the opinion of the Environmental Protection Officer, Community Forester or Manager to complete the proposed work, including clean up, restoration and replanting. Application for Reconsideration 23. A person dissatisfied with a decision to refuse a permit or include a condition in a permit may apply to District Council for reconsideration of the decision. 24. An application for reconsideration by District Council may be made in writing to District Council within 14 days of the decision, care of the Municipal Clerk, and shall include: a) all information provided with the original tree permit application; b) the Order to Comply, if applicable; c) all related correspondence between the applicant and the District; and d) the reasons for the application for reconsideration. Retroactive Permit Document: 1905170 25. Where a person commences any work or development for which a tree permit is required pursuant to this bylaw without holding a tree permit, the person may obtain a tree permit for such work if the Environmental Protection Officer, Community Forester or Manager is satisfied that such work has not unduly damaged or removed the tree(s) and the person has paid double the tree permit fee described in the Fees and Charges Bylaw and double the security required pursuant to section 26. (8583) PART 6 PERMIT FEES and SECURITIES Security Deposit 26. The Environmental Protection Officer, Community Forester or Manager may require an applicant for a tree permit to provide a security deposit in the form of cash or an irrevocable letter of credit in a form satisfactory to the District in an amount equal to 125% of the estimated cost of the work to be performed under the tree permit, including the cost of obtaining and planting any replacement tree(s), with such costs to be estimated by the District or based on the appraised value of the tree(s) according to tree valuation methods established by the International Society of Arboriculture, as amended from time to time, to a maximum of $50,000, in order to ensure compliance with provisions of this bylaw and the terms and conditions of the tree permit. If the work under the permit is not completed before 1 month of the expiry date of the letter of credit, the District may call for and receive the funds secured by the letter of credit and retain the funds until the applicant delivers a replacement letter of credit to the District in the same form and amount. Drawing on Security Deposit 27. If the holder of a tree permit has not complied with the terms and conditions of such tree permit or the provisions of this bylaw, the District may draw down the security deposit and use the funds in accordance with section 28 of this bylaw. Use of Security Deposit 28. The security deposit may be used by the District to pay any fees owing under this bylaw by the permit holder and to cover all of the costs borne by the District for or related to: a) maintaining, restoring or replacing any public works or public lands which are destroyed, damaged or otherwise impaired in carrying out the work pursuant to the tree permit held by the permit holder; b) making the site safer if the permit holder abandons or fails to complete the work authorized by the tree permit; c) clearing any debris, material, dirt, chattels or equipment which have accumulated on any road, lane, sidewalk, boulevard or other District property as a result of work carried out in connection with any tree permit held by the permit holder; d) backfilling the site and making the site level based on the grades indicated on the topographical survey submitted as part of the application for the tree permit; e) installing erosion and sediment controls; Document: 1905170 f) installing sod, sowing seeds, or planting trees and/or vegetation; g) making the site safe if the tree permit holder abandons or fails to complete the work authorized by the tree permit; h) correcting any damage to the environment that results as a consequence of a contravention of any condition or requirement in a DP permit; i) paying for a certified arborist pursuant to section 34(b); j) covering the District's administrative costs, including but not limited to costs incurred investigating expired tree permits, renewing existing tree permits, re-inspection fees, legal costs or Land Title Office registration costs for noticed filed against title; and k) serving as a security deposit to secure the performance of or compliance with any condition specified in the tree permit. 29. Any amount in excess of the security deposit required by the District to complete corrective work to public lands, public works, or the site is recoverable by the District from the tree permit holder. Security under Construction Bylaw 8271, 2017 30. The security deposit taken pursuant to the Construction Bylaw 8271, 2017 constitutes security for the purpose of this bylaw and may be used in accordance with section 28 and the security deposit taken pursuant to section 26 of this bylaw may be used as security for the purpose of the Construction Bylaw 8271, 2017. 31. The security deposit, or the amount remaining after any deductions made by the District in accordance with section 28, will be returned, with interest, to the person or entity that paid the security deposit after: a) all required planting, repairs, replacement, restoration, clean-up and other works under a tree permit, pursuant to section 36 or otherwise required pursuant to this bylaw have been completed to the satisfaction of the District; b) the District is satisfied that no further damage to public works or public lands will occur; c) the inspection reviews required by this bylaw are complete and acceptable to the District; d) the conditions or provisions of the tree permit are completed to the satisfaction of the District; and e) all fees owing under this bylaw have been paid. Forfeit of Security 32. If a security deposit is not collected by the payee within 2 years of the expiry date of the tree permit or 2 years from the date the last inspection was conducted by the District, the full amount remaining of the security deposit may be retained by the District and deposited to the environmental compensation fee account specified in the Fees and Charges Bylaw. Document: 1905170 Fees 33. The applicant or permit holder must pay the applicable fees prescribed in the Fees and Charges Bylaw in connection with: a) tree permits; and b) inspections and re-inspections that the Environmental Protection Officer or others are required or permitted to perform pursuant to this bylaw. (8583) PART 7 AUTHORITY 34. The Environmental Protection Officer, Community Forester or Manager are authorized to: a) issue, revoke, place conditions upon and refuse to issue tree permits in accordance with this bylaw; b) retain the services of an independent certified arborist to review the report of another certified arborist that has submitted a report pursuant to this bylaw in connection with an application for a tree permit in order to verify or reassess any information contained in the original report and the Environmental Protection Officer, Community Forester or Manager may, in their sole discretion, rely on either report in determining whether to issue, revoke or place conditions on a tree permit or to carry out enforcement. c) exempt an application for a tree permit from the requirements of Part 5 if satisfied that the information to be submitted has been otherwise provided to the District; d) establish which of the terms and conditions set out in Part 5 necessarily apply to the issuance and use of a tree permit to achieve the purposes of that Part; e) require a survey undertake by a B.C. Registered Land Surveyor, at the applicant's cost, to be submitted as proof of ownership or shared ownership in the event that ownership of a tree is disputed before or after issuance of a tree permit; f) issue a tree permit without owner or shared owner consent; and g) serve on any person who has not complied with a tree permit or a provision of this Bylaw an Order to Comply. (8583) PART 8 ENFORCEMENT Inspection 35. The Environmental Protection Officer, Community Forester, Manager, Bylaw Enforcement Officer, or any other person lawfully authorized to enforce this bylaw, may at any reasonable time or times enter upon any property for the purposes of inspection to determine compliance with the provisions of this bylaw or a tree permit issued pursuant to this bylaw. Document: 1905170 Replacement Trees for Unlawful Works 36. Any person who cuts a protected tree without, or contrary to, a tree permit may be required to plant and maintain replacement trees and the Environmental Protection Officer, Community Forester or Manager may specify; a) the required number, species, size and other characteristics of such replacement trees; b) the deadline by which such replacement trees must be planted; c) the required period for which such replacement trees must be maintained; and d) other terms and conditions for planting and maintaining the replacement trees. Order to Comply 37. The Environmental Protection Officer, Community Forester, Manager, Bylaw Enforcement Officer, or any other person lawfully authorized to enforce this bylaw may serve an Order to Comply on any person who has violated the provisions of this bylaw or a tree permit requiring the person to remedy the non-compliance within 14 days or such other date as is deemed reasonable in the circumstances by the General manager, Planning, Properties & Permits or his or her delegate, and to pay all applicable fees prescribed in the Fees and Charges Bylaw. Service of Order to Comply 38. An Order to Comply issued pursuant to section 37 of this Bylaw may be served by leaving the Order to Comply and a copy of any related inspection report the dwelling on the subject site, or by personal service on the holder of or applicant for the tree permit or on the owner of the subject site or by return registered mail to the address of the holder of or applicant for the tree permit as it appears on the application for such tree permit. An Order to Comply served by registered mail is deemed to have been delivered on the third day after mailing. An Order to Comply served personally or by leaving a copy at the site is deemed to have been delivered on the day on which it was personally served or left at the site. Obstruction 39. A person must not interfere with, delay, obstruct or impede the Environmental Protection Officer, Community Forester, Manager, Bylaw Enforcement Officer or other person lawfully authorized to enforce this bylaw in the performance of duties under this bylaw. Violations 40. a) A person who: i. contravenes a provision of this bylaw; ii. causes, consents to, allows or permits an act or thing to be done contrary to this bylaw; iii. neglects or refrains from doing anything required by a provision of this bylaw; or iv. fails to comply with any order, direction or notice given under this bylaw, Document: 1905170 commits an offence and is subject to the penalties imposed by this bylaw and the Offence Act. b) Each instance that a contravention of a provision of this bylaw occurs and each day that a contravention occurs or continues shall constitute a separate offence. c) For certainty, in the case of offences involving the cutting or damaging of more than one tree, an offence is committed in respect of each individual tree and the maximum penalties imposed under this bylaw apply to each such offence. d) A person found guilty of an offence under this bylaw is subject to a fine of not less than $1,000.00 and not more than $50,000.00 for every instance that an offence occurs or each day that it occurs or continues, plus the costs of prosecution. Penalty for Removal of Large Diameter Tree 41. Notwithstanding section 40, a person who removes a large diameter tree without the required tree permit, is subject to a penalty, upon conviction, equal to the appraised value of the tree as determined by the Community Forester using an industry standard as acceptable to the District and not exceeding $50,000. 42. A person who allows a protected tree to be damaged or become hazardous during development shall forfeit the security deposit. 43. If a person cuts, removes or damages or causes or allows a tree to be cut, removed or damaged other than as authorized by this bylaw or a permit issued under this bylaw, the Manager or Environmental Protection Officer may impose, in writing, a requirement that the person do one or both of the following, by a specified date: a) Pay a fee equal to 250% of the Ecological Compensation Fee prescribed in the Fees and Charges Bylaw for every tree that has been cut, removed or damaged which the District may deduct from the security deposit; and b) Plant replacement trees that would be required under this bylaw plus at least two additional replacement trees, with the type, caliper and location of the replacement trees, and any other requirements in respect of the replacement trees, to be determined either by the Manager or, at the Manager's discretion, by a certified arborist retained at the expense of the person who is subject to the requirement. 44. If a person fails to plant trees in accordance with a requirement imposed under section 43, the District may, by its employees or others, at least 7 days after giving a further written notice of the requirement imposed under section 43, enter on land and fulfil the requirement at the expense of the owner, and the District may deduct the costs from the security deposit or recover the costs as special fees, including in the same manner as property taxes, under Division 14 or Part 7 of the Community Charter. Designation of Bylaw 45. This Bylaw is designated pursuant to section 264 of the Community Charter as a Bylaw that may be enforced by means of a ticket in the form prescribed. Enforcement Authority Document: 1905170 46. The Environmental Protection officer, Community Forester, Manager, Environmental Control Technician, Field Arborist, Bylaw Enforcement Officers and Building Inspectors are designated to enforce this bylaw by means of a ticket pursuant to sections 264 of the Community Charter. Ticketing 47. The words or expressions listed below in the designated expression column are authorized to be used on a ticket issued under section 264 of the Community Charter to designate an offence against the respective section of this bylaw appearing opposite in the section column. The amounts appearing in the fine column are the fines set pursuant to section 264 of the Community Charter for contravention of the respective section of the bylaw appearing opposite in te section column: Designated Expression Section Fine Fail to comply with tree permit 6 $500.00 Cut protected tree without tree permit 7a $1,000.00 Damage protected tree without tree permit 7a $500.00 Cut protected tree contrary to tree permit 7b $500.00 Conduct work in tree protection zone without tree permit 9 $500.00 Fail to establish tree protection zone 9A a $300.00 Fail to meet tree protection zone requirements 9A b $300.00 Fail to display tree protection zone signage 9A c $300.00 Fail to arrange for inspection of tree protection barrier 9A d $300.00 Fail to maintain tree protection barrier 9A e $300.00 Fail to comply with tree permit conditions 14 $500.00 Fail to plant replacement trees 19 $500.00 Severability 48. If a section, subsection or clause of this bylaw is for any reason held to be invalid by the decision of a court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this bylaw. (8583) Document: 1905170 SCHEDULE A DESIGNATED HERITAGE TREES NAME LOCATION 1. Copper Beach ( Fagus sylvatica Purpurea Group) 355 W Queens Rd Comments: This mature specimen, approximately 70 feet high, remains from the landscaping of the boy's school which was formerly on this site. The tree is in good condition, and is typical of English style landscaping. 2. Damson Plum ( Prunus domestica subsp. insititia) 355 W Queens Rd Comments: Also remaining from the landscaping of the boy's school, its ornamental fruit tree is in very good condition. The billowy shape results from the weight of the fruit, and provides good shade. 3. Horse Chestnut (Aesculus hippocastanum) trees 100-300 Block E Kings Rd Comments: These street trees were planted by the North Lonsdale Ratepayers Association as a local area improvement. They are unusual for having been planted on the south side of the street only. 4. Black Locust ( Robinia pseudoacacia) tree 299 E Kings Rd Comments: This very large and old specimen exists in conjunction with a primary heritage building, the Davidson House. It provides dappled shade, and the leaves turn bright yellow in the fall. 5. Tulip (Liriodendron tulipifera) tree 461 E Kings Rd Comments: Planted in conjunction with a primary heritage building, the Jacobs House, the flowers or this ornamental tree are small and yellow, and resemble tulips, hence its name. 6. Spanish Chestnut (Castanea sativa) tree 382 E St James Rd Comments: An unusual specimen, also known as a Sweet Chestnut, this ornamental tree is part of the landscaping of a secondary building, the Brown House. 7. Black Walnut (Juglans nigra) tree 390 E Kings Rd Comments: This large, mature and healthy specimen is part of the landscaping of the Ward House, a secondary heritage building. Document: 1905170 NAME LOCATION 8. Giant Sequoia (Sequoiadendron giganteum) Carisbrooke Park Coast Redwood (Sequoia sempervirens) Western Larch (Larix occidentalis) Blue Atlas Cedar ( Cedrus atlantica 'Glauca') 9. Sitka Spruce (Picea sitchensis) 1491 E 29th St Comments: The historic Allen House, built circa 1905, boasts many features of its early landscaping, including this large specimen Sitka Spruce. 10. Walnut (Juglans regia) 1045 Cortell St Comments: The tree straddles the property line between 1045 Cortell St and the Cortell Street road allowance on the north western area of the 1045 Cortell St property. (8583)