Tree Protection Bylaw 4742 (2020 Consolidated, 2025)
Oak Bay, British Columbia
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1
THE CORPORATION OF THE DISTRICT OF OAK BAY
BYLAW NO. 4742
TREE PROTECTION BYLAW, 2020
(Consolidated on March 10, 2025 to include Bylaws: 4759, 4893)
CONSOLIDATED FOR CONVENIENCE USE ONLY
This consolidated is not a legal document. Certified copies of the original bylaws should be consulted for all
interpretations and application of the bylaws of this subject.
A BYLAW TO REGULATE THE CUTTING AND PROTECTION OF TREES
The Municipal Council of The Corporation of the District of Oak Bay, in open meeting
assembled, enacts as follows:
1 .
I N T E R P R E T A T I O N
In this Bylaw, unless the context otherwise requires:
Accessory Building means an accessory building as defined in the Zoning Bylaw.
Applicant means the owner or agent of the owner who is applying to the Manager of
Parks Services for a tree permit, and where the context requires means the person
to whom a tree permit has been issued.
Arborist means an arborist who is certified by the International Society of
Arboriculture.
Arborist Report means a technical report written and prepared by a
consulting arborist which may include one or more of the following:
a) Relevant information includes, but not limited to, surveyed
location, species, size and condition of the subject tree or trees.
b) The reasons for any proposed removal of a tree or trees
c) The recommended tree protection and mitigation measures
d) A tree replacement strategy
(Bylaw 4893)
BC Landscape Standards means the latest edition of the British Columbia
Landscape Standard published by the British Columbia Society of Landscape
Architects, as amended from time to time.
Basal Diameter means the diameter of the trunk of a tree measured at the top of the
root collar.
Boulevard Tree means any tree located in the boulevard of any street.
Boundary Tree means a tree that is demonstrably growing across the property line
between two parcels or between a parcel and public property as evidenced by part of
the trunk or part of the visible above-ground root flare crossing the property line.
Bylaw No. 4742 (Consolidated)
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Branch means the lateral secondary woody growth originating from the stem of a
tree.
Building Envelope means that part of a lot on which a building, including an
accessory building, may be sited under the setback regulations set out in the Zoning
Bylaw of the District, or as permitted through a variance of such regulations
approved by development permit, development variance permit, heritage
revitalization agreement, or by the Board of Variance.
Building Permit means a permit required by the District for any construction,
alteration, reconstruction, demolition, removal or relocation of any building or
structure.
Business Day means a day other than a Saturday, Sunday or statutory holiday.
Bylaw Officer means an employee of the District, charged with the enforcement of
bylaws, rules, laws, codes or regulations enacted by Council.
Canopy Area means the total canopy of trees within the legal lot lines of the parcel
where the trees are located, in metres squared, when viewed from above.
Canopy Cover Tree means a tree that must be planted on a parcel to fulfill the
Canopy Area requirements of this Bylaw.
Council means the Municipal Council of The Corporation of the District of Oak Bay.
Cut means to kill, remove or substantially destroy or alter a tree by any means, and
includes without limitation the topping or pollarding of a tree and the cutting of any
main stem or other leader or trunk.
Damage means to:
(1)
cut or tear the roots of a tree growing inside the root zone;
(2)
place fill or organic waste, building materials, asphalt or a building or
structure upon land inside the root zone;
(3)
operate a truck, backhoe, excavator or other construction equipment over the
roots of a tree inside the root zone;
(4)
dent or gouge the trunk of a tree;
(5)
deposit concrete washout or other liquid or chemical substance harmful to the
health of a tree on land inside the root zone;
(6)
remove soil from land inside the root zone;
(7)
blast inside the root zone of a tree or outside the root zone so as to damage
roots or disturb soil inside the root zone;
(8)
undermine the roots of a tree inside the drip line;
(9)
cut back the top portion of a tree's branches so as to alter its normal canopy;
(10)
remove a branch in a manner or for a purpose inconsistent with promoting
the health and growth of the tree;
(11)
remove bark from a tree;
Bylaw No. 4742 (Consolidated)
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(12)
construct or place a building or structure on the tree or on land inside the drip
line of the tree;
(13)
attach a sign to a tree; or
(14)
attach a swing to a municipal tree.
DBH means the diameter of a tree at roughly breast height (1.4 metres or 4.6 feet)
above the point of natural grade of the ground measured from the base of the tree.
For multi-stemmed trees the three largest stems shall be at 1.4 metres (4.6 feet)
above the highest point of the natural grade and the dbh shall equal the cumulative
total of the dbh of the three largest stems.
Diameter means the circumference of a tree measured outside the bark, divided
by 3.1416.
Director of Corporate Services means the Director of Corporate Services for the
District, or their designate.
Drip Line means a circle drawn on the ground having a radius of the outermost
branch tips of a tree.
District means The Corporation of the District of Oak Bay.
Geotechnical Engineer means a person licensed to practice engineering in the
Province of British Columbia, with declared expertise in the analysis, design and
construction of foundations, slopes, structures, embankments, roadways, levees,
wharves, landfills and other systems that are made of or supported by soil or rock.
Hardscape includes a sidewalk, footpath, driveway or other surface installed as a
means of public passage or to surface an area of public assembly.
Hazard Tree means any tree that, due to its location, condition, health or any other
circumstances has been determined by a Qualified Tree Risk Assessor to be high
risk or extreme risk.
Hedge means a row of shrubs, bushes or trees planted close together, and without
limitation includes such a row that forms a fence or boundary.
Landscape Architect means a landscape architect registered with the British
Columbia Society of Landscape Architects.
Lot means land designated as a separate and distinct parcel on a legally recorded
subdivision plan or title in the records of the Land Title and Survey Authority.
Manager of Parks Services means the person appointed to that position by the
Council or such other person designated by Council, and in their absence or
unavailability a person employed by the District and authorized as the designate of
the Manager.
Municipal Tree means any tree located on a property owned or under the control of
the District including a street tree, a boulevard tree, a park tree, and a median tree.
Bylaw No. 4742 (Consolidated)
Page 4 of 30
Native refers to a species of tree that existed in the area now comprising the District
of Oak Bay prior to European settlement.
Natural Causes means death or decline of a tree as a result of natural
diseases, pests, climatic conditions, inherent structural defects, or
senescence. (Bylaw 4893)
Natural Grade means the elevation of the ground surface of land prior to any
disturbance, alteration, excavation or filling.
Parcel means any lot, block or other area in which land is held or into which it is
subdivided.
Point of Germination, on level ground, means the natural ground level; and on
sloping terrain, means the mid-point of the slope of natural ground between the
upper and lower sides of the base of the tree.
Principal Building means a building developed in whole or in part for the principal
permitted use for which land is zoned.
Protected Tree means:
(1)
any tree of the species
(a)
Garry oak
Quercus garryana
(b)
Arbutus
Arbutus menziesii
(c)
Pacific (Western) Yew
Taxus brevifolia
(d)
Black Hawthorne
Crataegus douglasii
(e)
Shore / Contorta Pine
Pinus contorta
(f)
Pacific (Western Flowering) Dogwood
Cornus nuttallii
which has either a basal diameter greater than 4 centimetres or a height
above the point of germination in excess of 1 metre;
(2)
any tree with a dbh greater than 30 centimetres;
(3)
a significant tree;
(4)
a replacement tree;
(5)
a tree designated "to be retained" or planted on a plan submitted for an
application to the District that may include, but is not limited to, an application
for a development permit, subdivision approval, blasting permit, building
permit, fill permit or plumbing permit;
(6)
a tree that is planted or retained on a lot, and which is used in the calculation
to meet or exceed tree canopy cover as set out in section 10.5;
(7)
a tree protected under the terms of a covenant registered in favour of the
District;
(8)
any tree with evidence of a nest used by:
(a)
raptors as defined in the Wildlife Act;
(b)
osprey;
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(c)
heron colony; and
(9)
a tree of scientific value.
(10)
Any municipal tree on Oak Bay property (Bylaw 4893)
Prune means to remove living branches of a protected tree, which for a tree
described in subsection 1 (a) to (f) of the definition of "protected tree" are greater
than 5 centimetres in diameter, and which for all other classes of protected trees are
greater than 10 centimetres in diameter, for a purpose consistent with promoting its
health and growth.
Sound Arboricultural Practices means in accordance with the American National
Standards Institute (ANSI) Publication - A-300- Tree Care Operations and the
companion Best Management Practices Series of the International Society of
Arboriculture (ISA). (Bylaw 4893)
Tree Permit means the written authority granted by the Manager of Parks
Services or the Supervisor of Urban Forestry pursuant to this Bylaw for the
altering, cutting, damaging, pruning or removal of a specified protected
tree. (Bylaw 4893)
Tree Protection Barrier means a barrier constructed around a tree in
accordance with schedule c of this bylaw to protect the tree from damage
during site work or construction. (Bylaw 4893)
Tree Survey means a survey plan prepared by an engineer or by a surveyor
registered as a British Columbia land surveyor, that illustrates the location of
tree in relation to the property lines of a lot, along with the size of each tree,
plus any other information required by the Manger of Parks Services or the
Supervisor of Urban Forestry for the purposes of assessing a tree cutting
permit application. (Bylaw 4893)
Qualified Tree Risk Assessor means an arborist who is certified by the
International Society of Arboriculture through the Tree Risk Assessment Qualification
program.
Replacement Tree means a tree that is shown on a tree management plan or
landscape plan as a replacement for a tree that is removed under the authority of a
tree permit, or that is otherwise required to be planted under this Bylaw as a
replacement tree.
Root Collar means the zone of transition between the stem and root of a tree.
Root Zone means the area of land surrounding the trunk of a tree, which based on
examination in the field, has been delineated by the Manager of Parks Services or
his designate as a protected root zone, or in default thereof the area of land
surrounding the trunk of a tree contained within a circle of radius equal to the dbh of
the tree multiplied by 18.
Scientific Value means the value a tree has because the tree:
Bylaw No. 4742 (Consolidated)
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(1)
is evidence of the former range limits or extent of the species or an ecological
community;
(2)
is an endangered or vulnerable species that is endemic to the territory or
local region now reduced in range of abundance;
(3)
demonstrates a likelihood of providing information that will contribute
significantly to a wider understanding of natural history by virtue of its uses as
a research or teaching site;
(4)
is of botanical or genetic value; or
(5)
is significant habitat element for a threatened native species.
Significant Structure means:
(1)
an in-ground swimming pool;
(2)
a retaining wall of height greater than or equal to 1.5 metres;
(3)
a utility vault; and
(4)
a sewage or storm drain pump combined with a sump or well.
Significant Tree means a tree identified in Schedule D to this Bylaw, so designated
because of its historical, cultural, indigenous significance, or landmark value to the
community, its exceptional botanical significance, ecological heritage, scientific value
or its value as wildlife habitat, as determined by Council.
Steep Slope means land in its natural state, that has a slope angle of 20% or
greater.
Street Tree means a tree planted within the public right-of-way in a hardscape
(sidewalk) or boulevard that is managed by the District.
Structural Root means large, woody tree roots that anchor and support the trunk
and crown; roots characterized by secondary thickening and relatively large diameter
(greater than 2 cm diameter) giving form to the roots and functioning in anchorage
and support.
Superintendent of Public Works means the Superintendent of Public Works for the
District and includes in his or her absence or unavailability the Operations Manager
for the District;
Top or Topping means the removal of the crown branches and main leader to stubs
or lateral branches that are not large enough to assume the terminal role.
Tree means a woody perennial plant with one or more substantially erect main
trunks or stems, which is capable of reaching a mature height of 4.5 metres or
greater within its natural range, and unless the context requires otherwise, excludes
a shrub.
Tree Assessment Report means a report from an arborist evaluating the impact of
a proposed activity on the health of a tree, and including consideration of the
following:
(a)
whether the activity will cause the death of the tree within five (5) years or
less;
(b)
whether the activity will cause the tree to deteriorate;
Bylaw No. 4742 (Consolidated)
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(c)
whether the tree has already deteriorated to the point that its continued
retention can no longer reasonably be considered to serve the tree protection
objectives of this Bylaw;
(d)
where a tree is to be removed, proposals and strategies for the provision of
replacement trees in accordance with this Bylaw, including where applicable,
how the canopy cover requirements of this Bylaw will be met.
Tree Management Plan means a plan that outlines how construction work is to be
accomplished and the steps that will be taken to preserve trees on private or public
property that may be impacted by the construction, and that includes the information
required and as prescribed by the Manager of Parks Services.
Tree Permit means written permission from the Manager of Parks Services or, in the
case of a significant tree, written permission from Council, authorizing:
(1)
the pruning, cutting or removal of one or more trees from a specified parcel of
land;
(2)
any of the other activities referred to in section 3.1 of this Bylaw.
Type 1 Tree Permit means a Tree Permit, other than a Type 2 Tree Permit,
authorizing removal of a dead, diseased, dying or hazardous tree.
Type 2 Tree Permit means a Tree Permit authorizing an activity that is otherwise
prohibited under this Bylaw, and that is required for work to be carried out under a
demolition permit or a building permit that has been issued by the District.
Undue Hardship means hardship that, in the sole judgment of the permit issuing
authority, is excessive, extreme, improper, unreasonable or unjustified, and will be
assessed on a case by case basis with specific reference to the underlying
circumstances. Even in the event of undue hardship, the permit issuing authority may
refuse to issue a permit if doing so would result in inappropriate development or
substantially affect the use and / or enjoyment of nearby lands.
Urban Forest Management Strategy means the District's Urban Forest
Management Strategy dated March 24, 2017.
Zone refers to the use of land permitted pursuant to the exercise of the statutory
authority of Council to divide the District of Oak Bay into zones and to regulate the
use and density of land within a zone.
2 .
A P P L I C A T I O N
2.1
This Bylaw applies to all lands within the District of Oak Bay.
3 .
P R O H I B I T I O N S
3.1
Unless exempted under section 4 of this Bylaw, no person shall carry out any
of the following activities without first obtaining a Tree Permit issued by the
District for that purpose:
(a) cut any tree or suffer any tree to be cut;
Bylaw No. 4742 (Consolidated)
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(b) top or prune a tree;
(c) remove bark from a tree;
(d) cut or damage the roots of a tree inside the drip line;
(e) cut or damage the roots or branches of a boundary tree;
(f) dent, gouge or damage the trunk or branches of a tree;
(g) undertake any activity contrary to any permit conditions;
(h) place fill, building materials, asphalt, concrete washout or other liquid or
chemical substances or any other materials harmful to a tree on land
inside the drip line of a tree;
(i) operate trucks, backhoes, bobcats, excavators or other construction
equipment over the roots of a tree, inside the drip line of that tree;
(j) construct or place a building or structure on land inside the drip line of a
tree;
(k) remove soil from land inside the drip line of a tree, except that a person
may remove a small quantity of soil if the act of doing so is not likely to
damage the health of a tree;
(l) blast inside or outside the drip line of a tree so as to damage roots or
disturb soil inside the drip line;
(m) cable or brace a tree for purposes other than tree support and protection;
(n) attach a sign or other structure to a tree;
(o) carry out any other activity that could reasonably be expected to damage
a tree;
(p) fail to comply with the terms and conditions of a tree permit issued
pursuant to this Bylaw.
(q)
4 .
E X E M P T I O N S
4.1
A Tree Permit is not required under this Bylaw if the tree is not a protected tree.
4.2
Subject to section 4.3, a Tree Permit is not required under this Bylaw if the tree
is a protected tree, and the tree or a branch of the tree has been severely
damaged by natural causes, and the cutting, pruning or removal of the tree or
branch is required on an emergency basis to avoid an imminent danger of
injury or damage to persons or property.
4.3
A person who cuts, prunes, or removes a tree or branch pursuant to section 4.2
must:
Bylaw No. 4742 (Consolidated)
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(a)
do so under the supervision of an arborist, and only to the extent
necessary to avert an imminent danger of injury or damage to persons
or property;
(b)
report the action taken to the Manager of Parks Services by the end of
the next business day;
(c)
provide the Manager of Parks Services with the written report of a
Qualified Tree Risk Assessor confirming that the tree was a hazard tree,
that the tree presented imminent danger of injury or damage to persons
or property, and that the tree or branch was cut, pruned, or removed
only to the extent necessary to avert the imminent danger of injury or
damage to persons or property.
4.4
A Tree Permit is not required for work carried out by the District so long as the
work is first approved by the Manager of Park Services.
5.
R E Q U I R E M E N T S F O R H A Z A R D T R E E S
5.1
The Manager of Parks Services may require the owner or occupier of a lot or
parcel to trim, remove or cut any trees, hedges, bushes or shrubs on the lot or
parcel that the Manager of Parks Services considers:
(a)
are a hazard to the safety of persons on public property;
(b)
are likely to damage public property;
(c)
are seriously inconveniencing members of the public in their use of
public property.
5.2
The Manager of Park Services may serve upon the owner or occupier of a lot
or parcel notice that, if the owner or occupier does not take the action required
under section 5.1 within five (5) business days, the District will be entitled to
take the required action at the expense of the person given the notice.
5.3
If the person referred to in section 5.1 does not pay the cost of the action taken
on or before December 31st in the year in which the cost was incurred, the cost
shall be added to and form part of the taxes payable on the property as taxes in
arrears.
6 .
S I G N I F I C A N T T R E E S
6.1
The Manager of Parks Services may recommend that Council consider
designating a tree as a significant tree, where the tree is considered of value
for its historical, cultural, indigenous or landmark significance to the
community, as well as its botanical significance, ecological heritage, scientific
value or wildlife habitat value.
6.2
If the tree to be designated as a significant tree is on private land, the owner
of the lot or parcel must be given notice in advance of the Council meeting at
which the recommendation will be considered, and must be given an
opportunity to address Council concerning the proposed designation.
Bylaw No. 4742 (Consolidated)
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6.3
The Manager of Parks Services may cause an identification tag to be fixed to
a significant tree that is on private land, with the consent of the owner.
7.
H A Z A R D O U S
C O N D I T I O N S
D E V E L O P M E N T
P E R M I T A R E A
7.1
The requirements of section 7.2 apply within the area of the District
designated as a Hazardous Conditions Development Permit Area, as
identified on Schedule E to this Bylaw.
7.2
A person who applies for a tree permit for an activity to be undertaken within
the area referred to in section 7.1 must provide the Manager of Parks
Services with a report certified by a geotechnical engineer, that the
proposed tree cutting, damage, removal or other proposed activity will not
create a danger of flooding, erosion, or landslip.
8 .
T R E E P E R M I T A P P L I C A T I O N P R O C E S S
8.1
An application for a Tree Permit shall be made to the District of Oak Bay and
shall:
a)
be signed by the owner of the lot or parcel where the tree is located,
or by a person authorized in writing by the owner to act as his or her
agent;
b)
be made on the application form prescribed by the Manager of Park
Services;
c)
include all reports, surveys, checklists, letters and other information
required under this Bylaw, and other information as may be required
by the Manager of Parks Services, which without limitation may
include a Tree Assessment Report, and a report by a Qualified Tree
Risk Assessor;
d)
include any security required by this Bylaw; and
e)
include payment of the fees required under Schedule A of this Bylaw.
8.2
Each application for a Tree Permit will be reviewed by the Manager of Park
Services to ensure compliance with the Official Community Plan, the Urban
Forest Management Strategy and the provisions of this Bylaw.
8.3
Without limiting the provisions of section 8.1, the applicant for a Tree Permit
must provide the following:
(a)
for a Type 1 Tree Permit:
i.
a Tree Assessment Report, if the Manager of Park Services so
requires;
ii.
if the Tree Permit is for removal of a boundary tree, a letter
from the adjacent property owner agreeing to the proposed
removal;
Bylaw No. 4742 (Consolidated)
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iii.
security for any tree replacement required in accordance with
this Bylaw.
(b)
for a Type 2 Tree Permit:
i.
a Tree Assessment Report;
ii.
a legal survey showing the location of all trees on the lot or
parcel;
iii.
security for tree protection as required under this Bylaw for
construction and development activities;
iv.
a completed checklist in the form prescribed by the Manager
of Parks Services;
v.
a Tree Management Plan;
vi.
a signed letter of undertaking to complete all works as set out
in the Tree Permit and required by the Manager of Parks
Services;
vii.
if the Tree Permit is for removal of a boundary tree, a letter
from the adjacent property owner consenting to the proposed
removal.
9.
T R E E P E R M I T R E M O V A L C O N S I D E R A T I O N S
9.1
Council is the issuing authority for a tree permit for a significant tree, and the
provisions of sections 9.2 to 9.3 shall apply, and for that purpose a reference
to the Manager of Parks Services in those sections is to be read as a
reference to Council.
9.2
The Manager of Parks Services may issue a Tree Permit authorizing the
cutting, pruning or removal of a protected tree, or any other activity that would
otherwise be prohibited by section 3.1 of this Bylaw, for one or more of the
following reasons:
(a)
to allow the construction, alteration or demolition of a principal building
in the location shown and as approved by the District on a building
permit, and which complies with all applicable enactments and
bylaws; (Bylaw 4893)
(b)
to allow the construction of an accessory building or other structure in
a location as approved by the District, and which complies with all
applicable bylaws and regulations;
(c)
to prevent a foreseeable hazard that would be created by damage to
the root system of a tree attributable to the construction of a building
or structure in a location approved by the building permit issuing
authority for the District;
(d)
to allow the installation of a driveway or required off street parking
area where a requirement to install the same in an alternate location
would impose an undue hardship;
Bylaw No. 4742 (Consolidated)
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(e)
to eliminate a situation where pressure or penetration from tree
growth above or below ground is causing damage to a building or part
thereof, or to a significant structure, and there is no other reasonable
solution that would not impose an undue hardship;
(f)
to allow the installation of underground or overhead services where a
requirement to install the same in an alternate location would impose
an undue hardship;
(g)
to eliminate a hazard caused by interference with utility;
(h)
the tree is in a condition that presents a danger of injury or damage to
persons or property as identified by a Certified Arborist or Tree Risk
Assessor;
(i)
the tree, due to disease, decay, dieback or other pathological
conditions, mishap or pest attack, is in an advanced and irreversible
state of decline;
(j)
where the Manager of Parks Services is satisfied that preservation of
the tree will not meet the objectives of this Bylaw or the Urban Forest
Management Strategy due to inappropriate siting or species selection.
9.3
The Manager of Parks Services may specify, as a condition of a Tree Permit,
the arboricultural practices that must be followed in connection with the
activity authorized under the permit.
10. R E P L A C E M E N T
T R E E S
A N D
C A N O P Y
C O V E R
R E Q U I R E M E N T S
10.1 As a condition of the granting of a tree permit under subsections 9.2(d), (e), (f), (g), (h),
(i), or (j) for the removal of a tree:
(a) The owner of the parcel on which the tree was located must plant on the parcel one
(1) replacement tree for each tree removed, in locations approved by the Manager
of Parks Services, and in accordance with accepted arboricultural practices. An
owner that is subject to this requirement must provide the District with security in the
amount set out in Schedule A to this Bylaw, in a form acceptable to the District, for
each replacement tree to be planted, which security shall be returned to the owner
after three (3) years upon presentation of evidence satisfactory to the Manager of
Park Services that the tree is healthy and well established.
(b) Notwithstanding subsection 10.1(a), for a replacement tree required under
subsection 9.2 (i, h), security shall be returned to the owner after one (1) year upon
presentation of evidence satisfactory to the Manager of Parks Services that the tree
is healthy and well established. (Bylaw 4893)
10.2 As a condition of the granting of a tree permit under subsections 9.2(a), (b), or (c) for
the removal of a tree, the owner of a parcel on which the tree was located must plant
on the parcel two (2) replacement trees for each tree removed from within the
proposed building envelope, in locations approved by the Manager of Parks Services,
and in accordance with accepted arboricultural practices. An owner that is subject to
this requirement must provide the District with security in the amount set out in
Schedule A to this Bylaw, in a form acceptable to the District, for each replacement
tree to be planted, which security shall be returned to the owner after three years upon
Bylaw No. 4742 (Consolidated)
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presentation of evidence satisfactory to the Manager of Parks Services that the tree is
healthy and well established.
10.3 Where the number of replacement trees required under section 10.1 or 10.2 cannot be
reasonably accommodated on the parcel, due to the topography or other built
characteristics of the parcel on which replacement trees are required, the owner shall
pay the District an amount determined in accordance with Schedule A to this Bylaw,
for each replacement tree that cannot be accommodated on the parcel.
10.4 Where the owner of a parcel applies for a building permit, the owner must submit to
the Manager of Parks Services for his or her approval a landscape plan prepared by a
landscape architect that shows that at the completion of construction, the trees on the
parcel, including existing and newly planted canopy cover trees, will be such that the
total Canopy Area will meet or exceed the canopy cover targets for the zone in which
the parcel is located.
(a) Where the owner applies for a building permit for the construction of a
new principal building, an addition to an existing principal building or for
the construction of a new accessory dwelling unit within the zones set out
in subsections (i) to (ii) below the owner must meet or exceed the
following canopy cover targets:
Zoning Bylaw Zone Description
Target
(i)
R-1 R-2
Residential Use 45%
(ii) R-3 R-4 R-5
Residential Use 35%
(b) Where the owner applies for a building permit for the construction of a
new principal building, or for the renovation, addition or alteration of the
exterior of an existing principal building within the zones set out in
subsections (i) to (v) below, the owner must meet or exceed the following
canopy cover targets:
Zoning Bylaw Zone Description
Target
(i)
RM
Multiple Dwellings
20%
(ii) C CS
Commercial
30%
(iii) P
Community Institutional 30%
(iv) P-2
Community Institutional 50%
(Bylaw 4893)
10.5
Where the Manager of Parks Services is satisfied that the attributes of a mature
rhododendron contribute to the total canopy on a lot or parcel in a manner
consistent with the objectives of this Bylaw, that mature rhododendron may be
included in the determination of the Canopy Area.
10.6
Where section 10.4 applies, the owner of the parcel must:
(a) before the issuance of a building permit, provide the Manager of Parks Services
with security for the fulfillment of the owner's obligation to meet the applicable
canopy cover targets, in an amount calculated in accordance with Schedule "A";
(b) before the issuance of an occupancy permit or final building inspection, plant on
the parcel all canopy cover trees shown on the landscape plan approved by the
Manager of Parks Services under section 10.4, in locations approved by the
Bylaw No. 4742 (Consolidated)
Page 14 of 30
Manager of Parks Services, and in accordance with accepted arboricultural
practices;
(c) maintain on the parcel all existing trees that were shown as contributing to the
parcel's Canopy Area on the landscape plan approved by the Manager of Parks
Services under 10.4.
10.7
A person required to plant a replacement tree or canopy cover tree under this Bylaw
shall water, fertilize and maintain the tree using the degree of care and diligence
that would reasonably be expected of a person charged with responsibility for the
stewardship of an immature tree.
10.8
A replacement tree or canopy cover tree required under this Bylaw must be
selected from the list of acceptable replacement trees in Schedule C to this Bylaw,
or must be another tree approved by the Manager of Parks Services. As an
exception, where a tree for which a replacement tree is required is a Garry oak, the
replacement tree must be of the same species.
10.9
A replacement tree or canopy cover tree required under this Bylaw must have either
a height not less than two (2) metres, or a basal diameter of not less than four (4)
centimetres, when planted.
10.10 The security required under section 10.1 or 10.2 must be provided to the District in
advance of the issuance of the tree permit.
10.11 If a person to whom a tree permit is issued fails to comply with any of the applicable
requirements of sections 10.1 to 10.9, the security provided under section 10.1 or
10.2 shall be forfeited to the District.
10.12 The security provided under section 10.6(a) will be held until issuance of an
occupancy permit or final building inspection, and will be returned upon receipt of
and acceptance by the Manager of Parks Services of a report by the applicant's
landscape architect confirming that the applicable canopy cover targets for the
parcel have been met.
Bylaw No. 4742 (Consolidated)
Page 15 of 30
10.13 Where section 10.4 applies, and where the Manager of Parks Services
determines that the owner of the parcel has not, by the issuance of an occupancy
permit or approval of final building inspection, planted sufficient canopy trees or
maintained sufficient existing trees to meet the applicable canopy cover targets,
the security provided under section 10.6(a) shall be forfeited to the District in an
amount equal to $500.00 per tree that is not planted to achieve Canopy Area on
the parcel.
(** Bylaw 4759, adopted July 6, 2020)
11.
P R O T E C T I O N D U R I N G C O N S T R U C T I O N
11.1
Every person carrying out work under a Type 2 Tree Permit, shall comply with
the arboricultural, construction and excavation practices laid out in the Tree
Management Plan provided with the application, as approved by the Manager of
Parks Services.
11.2
As the condition of issuance of a Type 2 Tree Permit, the applicant must provide
the District with security for the applicant's performance of its obligations under
section 11.1, in a form acceptable to the District and in an amount determined in
accordance with Schedule A to this Bylaw as follows:
(a) The amount of security is to be calculated as per Security, section 2, of
Schedule A. The number of trees to be included in the calculation will be
determined through the Tree Management Plan, as prepared by an arborist
and approved by the Manager of Parks Services, as those trees that may be
directly impacted by construction.
11.3
The security provided under section 11.2 will be held until issuance of an
occupancy permit or final building inspection for the development on the parcel,
and will be returned upon receipt of and acceptance by the Manager of Parks
Services of a report by the applicant's arborist confirming that the required tree
protection measures were followed throughout construction.
12.
P E R M I T
E X P I R Y ,
R E N E W A L
O R
R E V O C A T I O N
T R E E S
12.1
All tree permits expire after 12 months from the date of issuance.
12.2
A permit may be renewed under the following conditions:
(a) the permit holder applies for renewal of the permit prior to the expiry date of
the issued permit;
(b) an application for renewal shall be subject to all District bylaw requirements
that are in effect at the time of the renewal application.
12.3
The Manager of Parks may revoke a permit where:
(a) there is a contravention of any provision of this Bylaw;
(b) there is a contravention of any term or condition under which the permit was
issued;
(c) the permit was issued on the basis of incorrect information supplied by the
applicant.
12.4
The owner shall be notified in writing of the revocation of the permit.
Bylaw No. 4742 (Consolidated)
Page 16 of 30
13.
T R E E P E R M I T R E F U S A L A N D R E C O N S I D E R A T I O N
Permit Refusal
13.1
The Manager of Parks Services may refuse an application for the cutting,
pruning or removal of a tree if the purpose of the application is to:
(a)
create or enhance view corridors;
(b)
prevent a tree from shading areas on private property;
(c)
prevent issues of leaf, flower, seed litter, driveway upheaval, or any
other naturally occurring, seasonal situation; or
(d)
activities that are in contravention or contradiction to federal or
provincial statutes.
Permit Reconsideration
13.2
If a decision is made by the Manager of Park Services with regard to the
issuance or refusal of a tree permit, the owner has a right to have Council
reconsider the matter.
13.3
If an owner would like Council to reconsider a decision, the owner must
deliver written notice of the request to the Director of Corporate Services
within 14 days of receiving notice of the decision.
13.4
The Owner shall be notified by the Director of Corporate Services of the date
that Council will reconsider the decision.
13.5
Council may confirm, overturn or modify the decision of the Manager of Parks
Services.
1 4 . B Y L A W C O N T R A V E N T I O N A N D E N F O R C E M E N T
14.1
If a contravention of this Bylaw occurs in a location where excavation,
construction or other development is occurring, the Manager of Parks
Services, a Bylaw Officer, or any other person authorized by a resolution of
Council may place a "Stop Work Order" on the property halting all work
associated with tree cutting or tree damaging activities until the contravention
is resolved and remediated to the satisfaction of the Manager of Parks
Services. (Bylaw 4893)
14.2
No person shall disobey a stop work order.
14.3
Without derogating from any other remedy, recourse or proceeding available
to the District, the Manager of Parks Services, acting reasonably, may order
the owner of a parcel on which, without benefit of a permit, or in contravention
of a condition set out in a permit, a tree protected under this Bylaw has been
cut down or damaged, to plant on the parcel two (2) replacement trees, with
which the owner of the parcel shall comply, and the provisions of Part 10 of
this Bylaw apply with the necessary changes and as applicable.
14.4
The Manager of Parks Services, a Bylaw Officer or any employee of the
District designated by Council shall have the right at all reasonable times to
enter upon any land to make an assessment or inspection for any purpose
consistent with this Bylaw.
14.5
No person shall prevent or obstruct or attempt to prevent or obstruct the entry
of any municipal officer or employee authorized to enter upon land under this
Bylaw.
Bylaw No. 4742 (Consolidated)
Page 17 of 30
1 5 . F E E S
15.1
The fees for applications, permits and renewals shall be applied as set out in
Schedule A to this Bylaw.
15.2
All fees are nonrefundable.
1 6 . P E N A L T I E S
16.1
Pursuant to Part 8 of the Community Charter, this Bylaw, without limiting the
available remedies, may be enforced by any or all of the following:
(a) a proceeding brought in Provincial Court under the Offence Act;
(b) a Municipal Ticket Information issued under Schedule B of this bylaw or
the applicable District of Oak Bay Municipal Ticket Information Bylaw;
(c) a proceeding brought in Supreme Court.
Any person who contravenes this Bylaw by doing an act that it forbids,
omitting to do an act required to be done, or by failing to comply with the
condition of a permit or an order imposed hereunder, commits an offence
punishable upon summary conviction and is liable to the maximum penalties
that may be imposed pursuant to the Offence Act for each and every offence
and not less than the fines prescribed in the Municipal Ticket Information
Bylaw together with the cost of prosecution and any other penalty or order
imposed pursuant to the Community Charter or the Offence Act as amended
from time to time. (Bylaw 4893)
16.2
Pursuant to section 17 of the Community Charter, if a person subject to a
requirement set out in this bylaw fails to take the required action, the
municipality may fulfill the requirement at the expense of the person and
recover the costs incurred from that person as a debt. (Bylaw 4893)
16.3
Each day that an offence against this Bylaw continues or exists shall be
deemed to be a separate and distinct offence.
1 7 . R E P E A L
17.1
The following bylaw is hereby repealed:
Bylaw No. 4326, Tree Protection Bylaw, 2006 and all amendments thereto
are hereby repealed.
1 8 . C I T A T I O N
18.1
This Bylaw may be cited as the Tree Protection Bylaw, 2020.
READ a first, second and third time by the Municipal Council on February 24, 2020.
ADOPTED AND FINALLY PASSED by the Municipal Council on March 9, 2020.
Bylaw No. 4742 (Consolidated)
Page 18 of 30
Mayor
Director of Corporate Services
Sealed with the Seal of The Corporation
of the District of Oak Bay
Bylaw No. 4742 (Consolidated)
Page 19 of 30
Schedule A
F E E S A N D S E C U R I T Y
TREE PERMIT APPLICATION / REPLACEMENT TREE
Fee
Significant Tree Removal or Pruning
No application fee
Removal or Pruning of Tree Above 30 cm dbh
$ 50
Dead, Diseased, Dying Hazardous Tree Removal
$ 50
Renewal Permit (section 12.2)
$ 50
Tree Permits Issued for a Purpose Under Section 9.2(a) to (d) or (f) $500
Fee Where Required Replacement Trees Will Not Be Planted on
Applicant's Property (section 10.3)
$500 per tree
SECURITY
Activity
Deposit
1. Planting, Care and Maintenance of Replacement Trees for a
Period of Three (3) Years (sections 10.1, 10.2)
$500 per tree
2. Planting, Care and Maintenance of Replacement Trees for a
Period of One (1) Year (section 10.1)
$500 per tree
3. Protection During Construction (section 11.2 - Maximum of
$50,000 per Lot):
(a) Protected Trees Under 30 cm dbh (per tree)
$ 1,000
(b) Protected Trees 30 cm to 60 cm dbh (per tree)
$ 2,500
(c) Protected Trees Greater Than 60 cm dbh (per tree)
$ 5,000
(d) Significant Trees (per tree)
$10,000
4. Canopy Area Requirements (section 10.6(a))
$500 per tree to achieve
required Canopy Area
(** Bylaw 4759, adopted July 6, 2020)
Bylaw No. 4742 (Consolidated)
Page 20 of 30
Schedule B
M I N I M U M F I N E S
Offence
Section
Fine
Cut, Prune Protected Tree Without Permit
3.1
$3000
Damage Protected Tree Without Permit
3.1
$3000
Fail to Plant Replacement Tree - Permit Condition
10.1, 10.2
$3000
Fail to Maintain Replacement Tree
10.7
$3000
Fail to Protect Tree During Construction - No Permit
3.1
$3000
Fail to Comply with Specified Practices - Construction
11.1
$3000
Fail to Comply With Specified Practices - Other
9.3
$3000
Fail to Plant Replacement Trees - Trees Removed Without Permit 10.1, 10.2
$3000
(Bylaw 4893)
Bylaw No. 4742 (Consolidated)
Page 21 of 30
Schedule C
A P P R O V E D T R E E S
The following large, medium and small trees are recommended as acceptable species
suitable for Oak Bay's current and future climate.
Large Canopy Trees = Canopy Cover Credit of 125 m2 per tree.
Common Name
Botanical Name
Comments
Grand Fir
Abies grandis
Drought intolerant.
Hedge Maple
Acer campestre
Extremely drought tolerant.
Big Leaf Maple
Acer macrophyllum
Native to BC.
Sycamore maple
Acer pseudoplatanus
Tolerant of wind and coastal exposure.
Red Maple
Acer rubrum
Fast growing once established.
Sugar maple
Acer saccharum
Shade tolerant, needs cold winters.
Freeman maple
Acer x freemanii
A hybrid, a cross of Acer rubrum (Red
Maple) × Acer saccharinum (Silver Maple).
Vigorous habit.
Yellow buckeye
Aesculus flava
Foliage tends to scorch and generally
depreciate in dry conditions.
Horsechestnut
Aesculus hippocastanum
Good for shade.
Red Flower Horsechestnut
Aesculus x carnea
Distinctive, rose-red, cone-shaped flower.
Red Alder
Alnus rubra
Native to BC. Prefers full sun.
Monkey Puzzle
Araucaria araucana
Can live for 1000 years.
Arbutus
Arbutus menziezii
Native broadleaf evergreen tree.
Spanish Chestnut
Castanea sativa
Valuable for bees and butterflies.
Common Catalpa
Catalpa bignonoides
Branches are brittle.
Western Catalpa
Catalpa speciosa
Adaptable to adverse conditions.
Atlas Cedar
Cedrus atlantica
Large evergreen, needs space to grow.
Has heavy annual needle drop.
Deodar Cedar
Cedrus deodara
Large evergreen, needs space to grow.
Has heavy annual needle drop.
Eucalyptus sp
Eucalyptus
Fast growing, make sure you select the
right variety.
European beech
Fagus sylvatica
Large, graceful tree.
Fraxinus
Fraxinus sp
Moderate drought tolerance.
Ginkgo
Ginkgo biloba
Long lived, yellow fall colour.
Walnut
Juglans sp
The tree and roots contain a natural
substance called juglone that inhibits the
growth of many plants planted nearby.
Worplesdon Sweetgum
Liquidamber styraciflua
"Worplesdon"
Can be brittle, needs early training, good
fall colour, can hold leaves over winter.
Tulip Tree
Liriodendron tulipifera
One of the fastest growing shade trees,
large flowers superficially resembling tulips.
European larch
Larix decidua
European larch is a great choice for
specimen plantings or in groups for parks
and large areas. Unlike most conifers, it
drops its needles in winter.
Dawn redwood
Metasequoia
glyptostroboides
Fast growing deciduous conifer tree.
Norway Spruce
Picea abies
Drought intolerant, sun lover.
Scotch pine
Pinus sylvestris
Prefers dry to average moisture levels with
Bylaw No. 4742 (Consolidated)
Page 22 of 30
Common Name
Botanical Name
Comments
very well drained soil.
London planetree
Platanus x acerifolia
Large tree with a spreading crown, it is only
suitable for large spaces.
Platanus orientalis
Oriental plane tree
Withstand air pollution, drought and
compacted soil.
Trembling Aspen
Populus tremuloides
Grows best on moist, well drained soils.
Cottonwood
Populus balsamifera spp
trihocarpa
Cottonwood require ample moisture and
plenty of nutrients to grow well. They
favour floodplains and moist upland sites
with lots of light. They do not grow well in
the shade of other species.
Douglas fir
Pseudotsuga menziesii
Douglas firs are medium size to extremely
large evergreen trees.
White swamp oak
Quercus bicolor
Preference for moist, rich soils and sunny,
open canopy habitats.
Scarlet oak
Quercus coccinea
Fast growing and tolerates a wide range of
soils. Good fall colour.
Hungarian oak
Quercus frainetto
Drought tolerant, transplants easily, no
significant disease or insect problems.
Garry oak
Quercus garryana
Oak Bay's namesake tree, distinct, and
one of the stateliest trees.
Burr oak
Quercus macrocarpa
Tolerant of a variety of moisture and soil
conditions, adapts well to urban settings.
Its fringed acorns are food for wildlife.
A very long lived tree. Prefers full sun.
Pin oak
Quercus palustrisa
It thrives in full sun to partial sun (but is
shade tolerant in youth.
English oak
Quercus robur
The growth habit of English Oak is upright,
densely oval, and symmetrical through
middle age, then becoming more spreading
with advanced maturity.
Red oak
Quercus rubra
Noted for its brick-red autumn colour and
its rapid and vigorous growth rate.
California redwood
Sequoia sempervirens
Tallest living things on our planet, best for
parks or open spaces.
Giant redwood
Sequoia giganteum
The most massive living things, they can
reach 280 feet tall and 23 feet across.
Not suited for urban properties.
Western Redcedar
Thuja plicata
Western redcedar grows best in moist to
wet soils, with lots of nutrients. Drought
intolerant.
False arborvitae
Thujopsis dolabrata
Prefers moist, acid soil, needs humid cool
air. Plant out of drying winds in full sun to
light shade.
Little-leaf linden
Tilia cordata
Littleleaf linden is chosen for its
symmetrical shape, tolerance to many
urban conditions and fragrant and
attractive July bloom. Can be aphid prone.
Large- leaf linden
Tilia platyphyllos
Bigleaf lindens, like some other lindens,
are very long lived.
Silver linden
Tilia tomentosa
Fragrant yellow flowers. All lindens attract
bees.
Bylaw No. 4742 (Consolidated)
Page 23 of 30
Common Name
Botanical Name
Comments
Caucasian lime
Tilia x euchlora
The Caucasian lime blooming late and
plentiful. The nectar is very high in sugar.
Western Hemlock
Tsuga heterphylla
A large tree, it usually grows 30 to 50
metres tall. Narrow crown and
conspicuously drooping new growth at the
top of the tree. It has mostly down
sweeping branches and delicate feathery
foliage. Drought intolerant.
American Elm
Ulmus americana
Graceful, stately shape, with branches like
spreading fountains, and their green leaves
that turn gold in fall.
Japanese zelkova
Zelkova serratta
This tree requires full to partial sun and
prefers moist, well-drained soils.
Bylaw No. 4742 (Consolidated)
Page 24 of 30
Medium Canopy Trees = Canopy Cover Credit of 50 m2 per tree.
Common Name
Botanical Name
Comments
River birch
Betula nigra Cully,s
Cultivar
Brown bark, resistant to bronze birch borer.
Hardy rubber tree
Eucommia ulmoides
Tolerances: Dry sites, occasional drought,
wet sites, alkaline soil, clay soil, road salt.
Honey locust
Gleditsia triacanthos
Honey locust is highly adaptable to
different environments.
Golden honey locust
Gleditsia triacanthos
"sunburst"
Brilliant yellow foliage.
Golden rain tree
Koelreuteria Paniculata
Known for its sprays of yellow flowers in
summer. The flowers are followed by fruit
that are air filled capsules resembling
Japanese lanterns.
Evergreen magnolia
Magnolia grandiflora
Varieties like 'St. Mary,' 'Little Gem,'
'Samuel' and 'Timeless Beauty' flower in
abundance at an early age, but other
varieties can take up to 10 years to flower
in profusion.
Kobus magnolia
Magnolia kobus
This lovely open growing tree produces a
profusion of lightly fragrant narrow petaled
flowers in early spring. As the tree matures
the flowering increases to a point where it
looks like a billowy white cloud in flower.
The roots are not aggressive and this tree
casts open shade making it possible to
garden under the canopy.
Saucer magnolia
Magnolia × soulangeana
It is a deciduous tree with large, early
blooming flowers in various shades of
white, pink, and purple. It is one of the
most commonly used magnolias in
horticulture.
Sweetbay magnolia
Magnolia virginiana
Sweet fragrance and attractive shape
make it an ideal specimen tree. The
flowers have a sweet, lemony scent while
the leaves and twigs have a spicy
fragrance.
Yoshino cherry
Prunus x yedoensis
akebono
Masses of large, semi-double, pink flowers
that fade slightly as they age. It blooms in
April, develops wide spreading branches.
Kwanzan cherry
Prunus serrulata 'Kanzan'
The Kanzan (Kwanzan) cherry has double
pink flowers and a vase shaped form with a
rounded crown that spreads with age.
Holly oak
Quercus ilex
Evergreen tree resistant to salt spray from
the sea, and are often planted as a
windbreak in coastal situations.
Tupelo
Nyssa sylvatica
Easily grown in average, medium to wet
soils in full sun to part shade. Prefers
moist, acidic soils.
Tolerates poorly drained soils and can
grow in standing water. Bright red fall color.
Common Name
Botanical Name
Comments
Bylaw No. 4742 (Consolidated)
Page 25 of 30
Common Name
Botanical Name
Comments
Shore pine
Pinus contorta
It is highly adaptable and can grow from
dunes and bogs to rocky hilltops, and is
tolerant of low nutrient conditions and salt
spray.
Austrian pine
Pinus nigra
Austrian pine can grow to be a medium,
broad tree with deep roots and is therefore
unsuitable for small spaces. It is hardy and
transplants well. It grows best on sunny
sites.
Trembling aspen
Populus tremuloides
A slender, graceful tree with smooth,
greenish white bark; grows up to 25 metres
tall; distinctive leaves that quiver in the
slightest breeze.
Whitebeam
Sorbus aria
Whitebeam is native to northwestern
Europe and can withstand harsh climatic
conditions.
Bald Cypress
Taxodium distichum
Unlike most cone bearing trees, bald
cypress loses its needles each winter and
grows a new set in spring. The russet-red
fall colour of its lacy needles is one of its
outstanding characteristics. Hardy and
tough, this tree will adapt to a wide range
of soil types, whether wet, dry, or even
swampy.
Nootka Cypress
Xanthocyparis
nootatensis
This medium pyramidal tree has drooping
branches with dark gray-green foliage that
drape from spreading and upcurved
branches. One of the most beautiful of the
weeping conifers for dramatically accenting
the landscape. This native selection
thrives in cool, humid summer climates
with above average rainfall. Evergreen.
Bylaw No. 4742 (Consolidated)
Page 26 of 30
Small Canopy Trees = Canopy Cover Credit of 25 m2 per tree.
Fruit trees are also acceptable as small canopy trees where the homeowner wishes to
maintain productive trees in their yards.
Common Name
Botanical Name
Comments
Vine Maple
Acer circinatum
A deciduous shrub or small tree,
sometimes reaching a height of 20 metres;
it has a short, crooked trunk, with twisted,
spreading limbs and a low, irregularly
shaped crown.
Douglas Maple
Acer douglasii
Douglas maple is suitable as an
ornamental and is particularly attractive in
the autumn.
Japanese maple
Acer palmatum
Japanese maples are especially prized for
the diversity of size, shape and colour of
foliage. Foliage colour changes with the
season, and many are especially
spectacular in the autumn
Korean maple
Acer pseudosieboldianum
Korean Maple has attractive forest green
foliage which emerges red in spring. The
palmate leaves are highly ornamental and
turn an outstanding scarlet in the fall.
Paperbark maple
Acer griseum
A handsome tree with an oval to rounded
crown, an open habit, and upright
branching. Soft green leaves turn scarlet
in fall. Becomes distinctive and elegant
with age, as its papery sheets of bark peel
to reveal cinnamon-brown new bark. An
excellent small landscape specimen or
woodland understory accent.
American hornbeam
Carpinus caroliniana
New leaves emerge reddish-purple,
changing to dark green, then turn yellow to
orange-red in the fall, offering a
kaleidoscope of colour throughout the year.
Japanese hornbeam
Carpinus japonica
Elegant small tree for the garden. It forms a
low wide spreading mounded shape with a
thin delicate layered branching habit.
Hinoki false cypress
Chamaecyparis obtuse
Foliage is thick, dark green in color and
arranged on "wavy" branches.
Giant Dogwwod
Cornus controversa
Grow in acidic, organically rich, medium
moisture, well drained soils in full sun to
part shade. Some afternoon shade is
appreciated in hot summer climates such
as the St. Louis area. Best performance
occurs in cool summer climates. Provide
consistent moisture and mulch root zone.
Cornus Eddies white
wonder
Eddies white wonder
The large flower bracts open in early spring
and have broad overlapping bracts (false
petals) that are gleaming white and
abundant.
Bylaw No. 4742 (Consolidated)
Page 27 of 30
Common Name
Botanical Name
Comments
Korean dogwood
Cornus kousa
This handsome small tree adds year round
beauty. White flowers in May and June
give a milky way effect; purple and scarlet
fall leaves add intense colour. Beautiful
tree form, with horizontal branching.
Partial shade to full sun.
Serbian spruce
Picea omorika
The most graceful of all spruces, the
Serbian Spruce offers thin arching
branches with a slender straight trunk. The
needles are light-green to blue-green with
purple to cinnamon coloured 1 ½ inch
cones. Prefers deep, moist, well drained
soil. Plant in partial shade to full sun.
Redbud
Cercis canadensis
Eastern redbud is a small deciduous tree.
Trees typically grow 20 feet in height with a
similar spread and have gracefully
ascending branches and a rounded shape.
Venus dogwood
Cornus x venus
Venus dogwood is a small tree that offers
excellent spring and fall interest as well as
excellent disease resistance and ease of
care. This tree's fruit attracts birds in the
fall.
Black hawthorne
Crataegus douglasii
This species is a handsome ornamental
with showy white flowers, glossy foliage,
and odd, shiny black fruits. It is named for
its discoverer, David Douglas (1798-1834),
the Scottish botanical explorer.
Lavallei hawthorne
Crataegus x lavellei
Lavalle Hawthorn is an almost bulletproof
street or landscape tree. The leaves are 2"
to 4" long and 1" to 1½" wide, and develop
into a shiny, lustrous dark green color,
almost appearing evergreen into a mild
winter. The flowers are white and showy in
spring, followed by bronzy to coppery red
colors in fall. Fruit is brick red to orange,
and from ½" to ¾" diameter.
Toba hawthorne
Crataegus mordensis
Its short stature is ideal for growing under
powerlines on a boulevard. Toba hawthorn
will have showy white flowers with pink
overtones.
Star magnolia
Magnolia stellata
Magnolia stellata, sometimes called the
star magnolia, is a slow growing shrub or
small tree native to Japan. It bears large,
showy white or pink flowers in early spring,
before its leaves open.
Japanese flowering
crapapple
Malus floribunda
A small ornamental tree known for its
showy, bright pink buds that open to
fragrant white flowers. Japanese flowering
crabapple has an irregular, spreading
branch habit as it ages, showy, persistent
yellow-red fruits and good disease
resistance. Use as a specimen tree or in
small groups.
Southern beech
Nothofagus antarctica
Nothofagus antarctica is a very
Bylaw No. 4742 (Consolidated)
Page 28 of 30
Common Name
Botanical Name
Comments
characteristic tree that preferably should be
planted as a solitary or in small groups.
Purple leaf plum
Prunus pissardi nigra
A widely planted tree with very early dark
pink flowers one of the first of the trees to
blossom in the spring often in blossom late
February or early March. The blossom is
followed by dark purple leaves.
Sourwood
Oxedendron
Sourwood is an attractive tree with white
flowers in early summer and excellent fall
colour. This tree requires an acid soil.
Japanese stewartia
Stewartia pseudocamellia
This tree grows somewhat slowly until
established, eventually reaching up to
40 feet tall and 20 feet wide. It's an
excellent specimen tree.
Japanese snowbell
Styrax japonica
Lovely, slightly fragrant, white, bell shaped
flowers drip from strongly horizontal side
branches with dark green foliage in early
summer. A splendid small tree for use
adjacent to a patio or near a pathway.
Fragrant snowbell
Styrax obassia
Styrax obassia is a handsome tree with
bold foliage of up to six inches long,
somewhat reminiscent of the In late spring
chains of fragrant white flowers decorate
the branches. The form is dense while
young, somewhat oval in shape, then
becomes more open rounded with age.
Western yew
Taxus brevifolia
Considered a slow growing understory
species and can live up to 400 years.
Conifer.
Bylaw No. 4742 (Consolidated)
Page 29 of 30
Schedule D
S I G N I F I C A N T T R E E S
Significant trees are recognized for their importance to the community, including heritage,
species, location, condition, age, landmark value or wildlife habitat.
Civic Address /
Other Description
Location Within
Described Property
Species / DBH
Tag No.
Boulevard, West Side of
Beach Drive, Across
From 1069 Beach Drive
N/A
Garry oak
Quercus Garryana
DBH - 4 stems ranging
from 42.5 cm to 73 cm
18
Boulevard, SW Corner
of Bowker Place and
Bowker Avenue
N/A
Silver Maple
Acer Saccharinum
DBH: 119.7 cm
19
Boulevard, NW Corner
of Cranmore Road and
Hampshire Road
N/A
Arbutus
Arbutus Menziesii
DBH: 43.8 cm
20
2564 Heron Street
Front Yard
Double Bird Cherry
Prunus Avium Plenus
DBH: 89.0 cm
21
Traffic Island,
Lansdowne Road at
Southdowne Road
N/A
Atlas Cedar
Cedrus Atlantica
DBH: 7 Stems Ranging
from 35 cm to 97.5 cm
22
Boulevard, East Side of
Beach Drive at
Projection of Exeter
Road
N/A
Pacific (Western) Yew
Taxus Brevifolia
DBH: 43.5 cm
23
Boulevard, East Side of
Beach Drive at
Projection of Exeter
Road
N/A
Pacific (Western) Yew
Taxus Brevifolia
DBH: 36.5 cm
24
Boulevard, West Side of
Beach Drive, Across
From 3575 Beach Drive
N/A
Early Pink Cherry
Prunus x Accolade
DBH: 49.5 cm
25
Boulevard, West Side of
Falkland Road, in Front
of 520 Falkland Road
N/A
Garry oak
Quercus Garryana
DBH: 175.8 cm
44
Bylaw No. 4742 (Consolidated)
Page 30 of 30
Schedule E
S T E E P S L O P E A R E A S