Tree Protection Bylaw No. 725, 2023

Qualicum Beach, British Columbia · adopted 2023-03-24

This is the exact embedded text of the captured official document. Snapshot b0dbdc6f55f1 · verified 2026-08-28 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

TOWN OF QUALICUM BEACH BYLAW NO. 725, 2023 TREE PROTECTION BYLAW WHEREAS pursuant to Sections 8(3)(c)and 50 to 52 of the CommunityCharter, S.B.C. 2003, c.26, a Council may, by bylaw, exercise powers to preserve and protect Trees within the Town, and may regulate, prohibit and impose requirements in relation to the Cutting, Replacement and Removal of Trees; AND WHEREAS Council considers it is in the public interest to provide for the protection and preservation of urban forest through the regulation of Tree Cutting, Removal and Replacement; NOW THEREFORE the Council of the Town of QualicumBeach enacts as follows: 1. Title This Bylawmay be cited as "Town of QualicumBeach Tree Protection Bylaw No. 725, 2023". 2. Definitions In this Bylaw: "Arborist" means a Qualified Professional who is holding a current cer?fication by the International Societyof Arboriculture. "Alter" or means any of the following: "Altering" or a. to Remove the top portion of a Tree; "Alteration" b. lift and Prune where the lower branches of the live crown (greenbranches) of the Tree are Removed to reduce the live crown to less than 50% of the total Tree height; c. to Cut off or destroy by any means the roots of a Tree within its Protected Root Zone. "Council" means the Town Council of the Town of Qualicum Beach. "Cut" ) means to Cut down a Tree and shall include to pull up, push or or "Cutting» pull over or otherwise fall or substantially destroy a Tree. "Damage" means any action which will cause a Tree to die or to or "Damaged" decline, including, but not limited to, ringing, poisoning, or "Damaging" burning, Topping or excessive Pruning. "DBH" (Diameter means: at Breast Height) a. the diameter of a Tree measured at 1.4 meters (4.6feet) 725iTreeProtectlonBy|aw.March 24 Adopted 2023 Adopted 1 Town of Qualicum Beach Tree Protection Bylaw No. 725, 2023 "Director" "Disturbance" "Hazard Tree" or "Haza1'dous Tree" "Hedge" "Move" "Officer" "Owner" "Parcel" "Permit" "Protected Root Zone" above the highest point of natural grade of the ground measured from the base of a Tree or the diameter of the remaining stump; or b. for multi-stemmed Trees, the three largest stems shall be measured 1.4 meters (4.6feet) above the highest point of natural grade and the DBH of the Tree shall equal the cumulative total of the DBH of the three largest stems. means the Director of Planning or their designate. means any disturbance of the ground, soil, Tree roots or vegetation within the Protected Root Zone of a Protected Tree. means a Tree identified in writing by a Qualified Tree Risk Assessor as having defects sufficient to signi?cantly increase the likelihood that all or part of the Tree will fall resulting in a risk of personal injury or property Damage, and also includes Trees that interfere with utility wires, drainage, water or sewer systems, or the movement of people and vehicles along public rights--of-way. means a row of three or more Trees less than 6.0 metres in height that through growth and pruning forms a continuous dense screen of vegetation from ground level which provides privacy, fencing, wind breaking, and/or boundary definition. means uprooting and transferring a Tree from one location to another. means a Town of QualicumBeachFire Chief, Bylaw Enforcement Officer, RCMP Police Officer or appointed designates. means a person who has any right, title, estate or interest in property, other than that of an occupant, and shall include the agent of any such person. means any lot, block or other area in which land is held or into which land is subdivided but does not include a highway. means a permit issued by the Director under authority of this Bylaw to Cut or Remove a Protected Tree or Trees. means: a. the area of land surrounding the trunk of a Tree that contains the bulk of the critical root system of the Tree which has been speci?cally delineated on a Tree Protection Plan prepared by an Arborist and approved by the Town of Qualicum Beach Tree Protection Bylaw No. 725, 2023 "Protected Tree" a. "Prune" or "I'runing" Director; or in the absence of such information, the area of land surrounding the trunk of a Tree contained within a circle having a radius which is calculated by multiplying the DBH of the Tree by 18. means any of the following Trees: the following Tree species 50 centimetres (20inches) or more in height, or 5 centimetres (2inches) or more in diameter when measured 15 cm (6inches) above natural grade: i. Arb1.1tus(Arbutusmenziesil); Garry Oak (Quercusgurryrzmz); Pacific Dogwood (Camusnuttullii); iv. Pacific Yew (Taxusbrevifolia); v. Cascara (Rhamnuspurshiuna); vi. Manzanita (Arcotostaphyloscolumbiuna); vii. Seaside Juniper (Iuniperusmnritimu); Trembling Aspen (Populustremuloides); ix. Oregon Ash (Fruxinuslaii?alia); any Tree having a DBH that is 30 centimetres (12inches) or more; any Replacement Tree planted as a condition of a prior Permit; any Tree within an Environmental or Hazard Development Permit Area as designated in "ToWn of QualicumBeachOfficial Community Plan BylawNo. 800"; any Tree planted or retained as a requirement of a subdivision application, Development Permit or Building Permit; any Tree with evidence of a nest or use by: i. raptors as defined in the I/Wldlz?z Act, R.S.B.C. 1996, c. 488; ii. osprey; or iii. a heron colony iv. any cavity--nestingbird species means the selective Cutting or removal of branches to improve timber quality, or to remove dead or diseased Wood, or to correct undesirable growth patterns. "Qualified Professional" means a registered professional consultant with relevant expertise and experience in the speci?c domain for which an opinion is being given. Town of Qualicum Beach Tree Protection BylawNo. 725, 2023 "Qua1ifiedTree Risk Assessor" "Remova1" or "Remove" "Replacement Tree" "Town" llirgll or "Topped" "Tree" "Tree Protection Barrier" "Watercourse" "Wetland" means an Arborist with additional current training and a qualification in Tree risk assessment as determined by the International Society of Arboriculture and endorsed by Worksafe BC. means to Cut a Tree and to Remove it from the location where it exists. means a Tree required to be planted to replace a Tree Altered, Cut, Damaged or Removed in accordance with this Bylaw. means the Town of QualicumBeach. 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. means a living, erect, perennial Woodyplant, that is a species of coniferous or deciduous genus where the DBH is six (6)cm or more and is capable of reaching a mature height of 4.5 m or greater within its natural range. means a sturdy protection barrier or temporary fence at least 1.2 metres in height, installed around the Protected Root Zone of a Tree that is to be preserved. watercourse means any natural or man--madedepression with well--definedbanks and a bed of 0.6 In or more below the surrounding land serving to give direction to or containing a current of water at least six months of the year and includes the sea or any lake, river, stream, creek, spring, ravine, swamp, gulch, surface source of water supply or source of groundwater supply whether enclosed or i.n a conduit. means land consisting of marshes, swamps, or saturated land. 3. Application and Purpose 3.1 Application 3.1.1 This Bylaw applies to Trees which are within the Town of Qualicum Beach. 3.1.2 This Bylaw does not apply to Trees on provincial or federal lands. 3.1.3 This Bylawdoes not apply to Trees on land where "SilviCulture" is a permitted use in the zoning, as described in Town of QualicumBeach Land Use and Subdivision Bylaw No. 580, 1999. Town of Qualicum Beach Tree Protection Bylaw No. 725, 2023 3.2 Purpose This Bylawis intended to: 3.2.1 Regulate the Altering, Cutting, Damaging or Removing of Protected Trees within the Town of QualicurnBeach through a Permit process; 3.2.2 Describe the conditions under which Permits will be granted for the Altering, Cutting, Damaging or Removing of Protected Trees; 3.2.3 Prohibit the Altering, Cutting, Damaging or Removal of Protected 3.2.4 3.2.5 Trees without a Permit; Set requirements for replacement, mitigation or other forms of compensation for the Altering, Cutting, Damaging or Removal of Trees; and Establish provisions relating to inspection and enforcement of Tree Altering, Cutting, Damaging or Removing in relation to the established Permit process and offences. 4. Prohibitions, Exemptions and Permissions 4.1 Prohibitions 4.1.1 4.1.2 4.1.3 A person must not Cut or Remove, or Move any Protected Tree, or Cause, suffer or permit any Protected Tree to be Cut, Removed or Moved, except i.naccordance withthe terms and conditions of a valid Permit issued under this Bylaw. Without lixnitingthe generality of the foregoing, this section includes Replacement Trees planted as a condition of a prior Permit. A person must comply with the terms and conditions of a Permit issued under this Bylaw. Except to the extent permitted by a Permit, or as provided for in Section 4.2 a person must not Alter a Protected Tree by carrying out any of the following activities: a. Cutting, Damaging or undermining the roots of a Protected Tree growing within the Protected Root Zone; b. Operating trucks, backhoes, excavators or other heavy equipment within the Protected Root Zone of a Protected Tree; Town of Qualicum Beach Tree Protection Bylaw No. 725, 2023 4.2 C. Placing fill, building materials, asphalt or a building or structure on land inside the Protected Root Zone of a Protected Tree; d. Denting, gouging or Damaging the bark, trunk, branches or roots of a Protected Tree; e. Depositing concrete washout or other liquid or chemical substances harmful to the health of a Protected Tree on land inside Protected Root Zone; f. Removing soil from inside the Protected Root Zone of a Protected Tree; g. Blastingwithin 2x the Protected Root Zone radius of a Protected Tree; h. Topping a Protected Tree; i. Altering the ground water or surface water level within the ProtectedRoot Zone of a Protected Tree; or j. Cutting or removing more than twenty--five(25)percent of the live crown of a Protected Tree in any twelve (12)month period. 4.1.4 A person shall not plant a Tree or Hedge on Town lands or cause Trees or Hedges to be planted on Town lands Without prior written authorization from the Town. Exemptions 4.2.1 A Permit is not required for the pruning of a Hedge, except within the Steep SlopeDevelopment Permit Area, as defined i.n "Town of QualicumBeachOfficial Community Plan Bylaw No. 800". 4.2.2 A permit is not required prior to Cutting or Removing a Protected Tree where: a. the Protected Tree poses an imminent danger of falling and injuring persons or property, provided that the homeowner or property manager notifies the Director withi.n three business days following the work done to the Protected Tree, including photos or other documentation to justify the Removal; or Town of Qualicum Beach Tree Protection Bylaw No. 725, 2023 4.2.3 4.2.4 b. The Protected Tree Cutting or Removal is carried out by the Town or its agents on public property. Where the Protected Tree is located on a residential lot with an occupied dwelling, the lot Owner will be authorized to Remove one Protected Tree per 2 calendar years; this permission does Q apply in the following exceptions: a. the Protected Tree is a Garry Oak, Arbutus, Pacific Yew or Pacific Dogwood; b. any Tree having a DBH that is 75 centimetres (29.5inches) or more; c. Protected Trees within a Hazardous Lands Development Permit Area or EcologicalDevelopment Permit Area, as defined in Town of QualicumBeach Official Community Plan Bylaw No. 800, 2018, Where Protected Trees are growing on properties with a lot size greater than .4046 hectare (1Acre), the property Owner is authorized to remove one Protected Tree for each .4046hectare (1Acre) in a lot per calendar year, up to a maximum of ten Trees per lot per calendar year; this permission does E apply in the following exceptions: a. the Protected Tree is a Garry Oak, Arbutus, Pacific Yew or Paci?c Dogwood; b. any Tree having a DBH that is 75 centimetres (29.5inches) or more; c. Protected Trees within a Hazardous Lands Development Permit Area or EcologicalDevelopment Permit Area, as defined in Town of QualicumBeach Official Community Plan BylawNo. 800, 2018. 4.3 Permissions A Permit to Alter, Cut, Damage or Remove a Protected Tree may be issued by the Director in the following circumstances: 4.3.1 Where the applicant has demonstrated that the Protected Tree is a Hazardous Tree or is dead, Damaged, diseased or in decline beyond expectation of recovery. If during a visual assessment by the Town of QualicuirnBeach the condition of the Tree is not apparent, the applicant may be required to provide an Arborist report to the satisfaction of the 7 Town of Qualicum Beach Tree Protection Bylaw No. 725, 2023 4.3.2 4.3.3 4.3.4 4.3.5 4.3.6 4.3.7 4.3.8 Director that the Tree is an unreasonable hazard to safety of persons or property; Where a Qualified Professional determines that the Protected Tree is impairing, interfering with, or presents a risk or hazard to the operation of sewers, drains, water lines, septic ?elds, electrical lines, poles or similar equipment and appurtenances and that the impairment, interference or risk cannot be reduced or removed in any other way than the Removal of the Tree; Where a Protected Tree has been identified as a fire hazard to property. In these cases, a report may be required from a QualicumBeach Fire Prevention Officer, Arborist, or Qualified Professional that the Protected Tree poses a fire hazard to property and the risk cannot be reduced or removed in any other Way than the Removal of the Protected Tree; Where a Protected Tree is located within the Agricultural Land Reserve (ALR)or outside the ALR on land zoned for agricultural use and the Protected Tree must be Removed to permit the land to be used for an agricultural use. The application must be accompanied by a sworn declaration (affidavit)from the Owner stating that the Protected Tree(s) is to be Cut or Removed to permit agricultural use and that the agricultural use cannot be located elsewhere on the lot so as to accommodate the Protected Tree; Where the Protected Root Zone of a Protected Tree extends into an approved building footprint for which a building permit has been issued and a QualifiedProfessional determines that the building location cannot be adjusted to avoid Tree Removal; Where the Removal of a Protected Tree is required for the construction or installation of a driveway, required off-street parking area, septic tank or field, or underground or above ground utility corridor, and where no other locations are available where the driveway, parking area, septic tank or field or utility corridor may be located; Where the Removal of the Protected Treeis required for the installation of roads or services shown on an engineering drawing that has been approved by the Director; or where the Removal of the Protected Tree is required for the installation of an access route or above ground or underground service of a subdivision that has been approved by the Town of QualicumBeach Approving Officer; Where the Protected Tree is located within a designated view corridor identified in existing Policy 4002-4 anj authorized in writing by the Town of Qualicum Beach Tree Protection Bylaw No. 725, 2023 4.4 4.3.9 Director; or Where Removal of the Protected Tree is required for implementation of an approved Development Permit. Mandatory Removal or Pruning of Hazardous Trees or Hedges 4.4.1 4.4.2 4.4.3 Owners and occupiers of real property must cause any Trees, Hedges and shrubs on that property to be Pruned, Cut or Removed if the Director considers that the Trees, Hedges, or shrubs are: a hazard to the safety of persons; likely to Damage public property; seriously inconveniencing the public; or a ?re hazard. The Director may notify the Owner or occupier of real property that the Town will take, at the Owner' s or occupier'sexpense, the action required under Section 4.4.1 it the Owner or occupier does not take that action within ten days of receiving the notice. Notice from the Town will be provided by Registered mail. The Town's employees or contractors may enter real property and undertake, at the Owne1's or occupier'sexpense, the work referred to in Section 4.3.1 if the Owner or occupier does not undertake or complete that work. 5. Permit Reguirements and Application Process 5.1 5.2 General Conditions of Permit 5.1.1 5.1.2 5.1.3 A Permit for the Cutting, Removal or Disturbance of any Tree to which this Bylaw applies shall be in the form issued by the Director. A Permit issued under this Bylawis non-transferable. A Permit for the Cutting or Removal of any Tree to which this Bylaw applies shall include a requirement for one or more Replacement Trees to be planted and maintained in a viable condition for at least two growing seasons followingplanting. Application Requirements 5.2.1 Every application for a Permit shall be made in writing to the Director and shall include the following documents, plans and informa?on relating to the proposed Tree Cutting or Removal or Town of Qualicum Beach Tree Protection BylawNo. 725, 2023 Disturbance: The civic address or a legal description of the Parcel on which the Tree Cutting is proposed to occur; A brief statement explaining the purpose or rationale for the proposed Tree Cutting, Removal or Disturbance; The consent in Writing of the registered Owner of the property where the proposed Tree Cutting is to occur, if different from the applicant, authorizing the applicant to act as the Owner's agent; A sketch drawn to approximate scale identifying: i. the boundaries of the subject Parcel; any abutting streets, lanes or public access rights of way; the location of existing buildings and structures; iv. the location, species and DBH of those Trees proposed to be Cut, removed or disturbed; V. for Trees proposed for Cutting or Removal only, the location, species and DBH of proposed Replacement Trees (seeSection 6 below); The proposed methods for disposal of wood waste and other debris; The proposed completion dates for Tree Cutting, Removal or Disturbance; Where the Tree Cutting or Removal is for a Hazard Tree, a report prepared by a Qualified Tree Risk Assessor certifying that the Tree is dead, diseased, damaged or otherwise constitutes a physical hazard to persons or property; Such further and other information as the Director determines is necessary to adequately describe the nature and extent of the Tree Cutting, Removal or Disturbance opera?on. 5.2.2 Where Disturbance activities such as excavation, tilling, trenching, addition of soils or machine use are proposed that may encroach 10 Town of QualicumBeach Tree Protection Bylaw No. 725, 2023 5.2.3 5.2.4 into the Protected Root Zone of one or more Protected Trees, application for a Permit shall include the following additional information and measures: a. A Tree Protection Plan prepared by an Arborist in accordance with Schedule "B" of this Bylaw that documents the Tree protection measures and best practices to be followed by the applicant in order to minimize impacts from the proposed disturbance to the Protected Tree's health, condition and growing environment. b. Mark on the ground with paint, stakes or flagging the Protected Root Zones of all Trees on the Parcel and from Trees located on adjacentproperties that encroach into the applicant's Parcel within which activities are proposed to occur. Any Treed Parcel that is the subject of an application for rezoning, subdivision, development--permit,demolition permit or building- permit shall include the following plans prepared by an Arborist in accordance with Schedule "B" of this Bylaw: a. A Tree Plan Drawing and Report that describes and evaluates the existing Tree resource and relevant site conditions and land-use (current or historical); b. A Tree Protection Plan Drawing and Report that indicates the following for each stage of construction (e.g. site servicing, demolition and building permit): i. measures taken at the site planning stage to minimize loss of Protected Trees; Protected Trees proposed for Removal and Retention; measures proposed for the effective protection of Trees proposed for retention, including the mitigation of development-related Disturbance and additional measures to restore or enhance the Tree habitat within the Protected Root Zone of Trees proposed for retention. On parcels within the Steep Slope or EcologicalDevelopment Permit Areas, as defined in "Town of QualicumBeachOfficial Community Plan Bylaw No. 800", every application for a permit shall include the following documents in addition to the relevant requirements in 11 Town of Qualicum Beach Tree Protection Bylaw No. 725, 2023 5.3 5.4 Permit Fee: Sections 5.2.1, 5.2.2 and 5.2.3: Where the site of the Tree Cutting, Removal or Disturbance is within a Steep Slope Development Permit Area, a report prepared by a Qualified Professional certifying that the proposed Tree Cutting, Removal or Disturbance will not create an adverse impact including ?ooding, erosion, land slip or contamination of a Watercourse. Where the site of the Tree Cutting, Removal or Disturbance is on a Parcel adjacent to or containing any part of a Watercourse or Wetland, a report prepared by a Qualified Professional certifying that the proposed Tree Cutting or Removal will not create an adverse impact to the Watercourse, Wetland or its associated riparian area. 5.3.1 Permit fees are exempted in the following cases: 5.3.2 5.3.3 a. No permit application fee shall be charged for applications to Remove dead, dying or Hazard Trees; No permit application fee shall be charged for applications granted for the Removal of one Protected Tree in a given two calendar-year period. A non-refundable application fee of $100 is required on all parcels when applying for the Removal of two or more Trees within a given two calendar--yearperiod. A refundable security deposit of $700 per Replacement Tree is required before a Tree Cutting permit is issued. The security deposit will be refunded to the applicant: a. Two years after planting if the Replacement Tree(s) is in good health and the applicant requests the security refund in writing; or After expiration of a permit without completion of any Tree removals and the applicant requests the security refund in writing. Permit Issuance or Refusal 5.4.1 The Director may: a. Issue a Permit; 12 Town of Qualicum Beach Tree Protection Bylaw No. 725, 2023 6. b. 5.5 Permit Expiry Issue a Permit with additional conditions speci?ed in the permit which in the opinion of the Director are necessary to achieve the purposes of this Bylaw;or Refuse to issue a permit. 5.5.1 Every permit shall expire 6 months from the date of issue or upon such earlier date as may be speci?ed in the Permit. 5.6 Permit Renewal, Extension or Modification 5.6.1 If the Tree Cutting or Removal operations authorized by a Permit are not completed before the Permit expires, or it becomes necessary to alter or deviate from the particulars of the Permit application or the Tree Cutting and replacement plan submitted for a Permit, the Director may renew, extend or modify the Permit upon written request of the Permit holder, subject to the following: d. Replacement Trees A Permit holder has no vested right to receive an extension, renewal or modification and the Director may require that a new Permit be obtained; The Director may not renew or extend a Permit for a period of more than two years from the date of issuance of the original Permit; The Director may require that the Permit holder provide additional information authorized by this Bylaw as a pre- condition to considering an application for a Permit renewal, extension or modi?cation; and All terms and conditions set out in the original permit shall apply to each renewal, extension or modification of the permit except as amended or modified by the renewal, extension or modification. 6.1 For all Parcels, as a condition of any Permit issued under this Bylaw, two Replacement Trees must be planted and maintained for each Tree Cut or Removed on the applicant's Parcel, i.naccordance with the requirements of Schedule "A". 13 Town of Qualicum Beach Tree Protection Bylaw No. 725, 2023 6.2 6.3 6.4 6.5 6.6 If a Tree or Trees located on any Parcel form part of a Hedge, the Director may require that less than two Replacement Trees be planted and maintained for each Tree that is Cut or Removed. As an alternative to the planting of two or more Replacement Trees on the Parcel from which one or more Trees have been Removed, the Director, upon application by the Owner and after considering the state of development and landscaping of the Parcel, may accept from the Owner payment in an amount specified in Section 6.5, for the costs of purchasing, planting and one year's maintenance of the requisite Replacement Trees elsewhere in the Town. Replacement Trees shall be planted and maintained in accordance with sound horticultural and arboricultural practices to the satisfaction of the Director. If the lot cannot accommodate the planting of the required Replacement Trees, or if the Director has otherwise waived the requirement for a Replacement Tree; for each Protected Tree that is Altered, Cut, Damaged, or Removed the Owner shall be required to pay the Town of QualicumBeach, cash in lieu, for each Tree Altered, Cut, Damaged or removed, the sum of ONE THOUSAND ($1000)DOLLARS per replacement Tree. Where no construction or site Disturbance is proposed that would affect the planting of Replacement Trees, the Replacement Trees must be planted within ninety (90)days of the date of issuance of the Tree Cutting permit. 7. Inspection and Enforcement 7.1 7.2 IL-212§di9.Ii 7.1.1 The Director is hereby authorized at all reasonable times to enter upon and inspect any lands to determine whether the requirements, restrictions, regulations, terms, conditions and directions of this Bylaw or a Permit issued under this Bylaw are being observed. 7.1.2 No person shall prevent or obstruct or attempt to prevent or obstruct the Director or designate from entering upon lands (seeSections 8.1 and 8.4 of this Bylaw). Notice of Nomcompliance 7.2.1 The Director may give notice to any person of a breach of, or non- compliancewith, any of the provisions of this Bylaw or a Permit issued under this Bylaw, and such person shall immediately cease all Tree Cutting or Removal activities until such breach or non--complianceis remedied to the satisfaction of the Director, and every Owner of real property shall refuse to suffer or permit further Tree Cutting or 14 Town of Qualicum Beach Tree Protection Bylaw No. 725, 2023 7.3 7.4 Removal operations upon the real property until such time as the breach or non-complianceis remedied to the satisfaction of the Director. Notice from the Town will be given by Registered mail. Failure to RemedyNon-compliance 7.3.1 In the event that a person having received notice under Section 7.2 fails within the time speci?ed therein to remedy such breach, the Town or its appointed agents may enter upon the real property and undertake, at the Owner's or occupier's expense, the works required to remedy the breach. Notice of Remedial Requirement 7.4.1 7.4.2. In addition to any other provision of this Bylaw, where an Owner Cuts, removes or Damages, or causes, suffers or permits a.ny Protected Tree to be Cut, Removed or Damaged in contravention of this Bylaw or in violation of any term or condition of a Permit issued under this Bylaw, that person, within 30 days of receiving notice of such requirement from the Director, shall: a. Submit for the Director's approval a Tree Cutting and replacement plan in accordance with the requirements of Schedule "A", specifyingthe location and species of all Replacement Trees; and b. Plant and maintain on the same Parcel in accordance with the approved Tree Cutting and replacement plan a minimum of two (2)Replacement Trees for each Tree unlawfully Cut, Removed or Damaged and in the event the Director determines it is not feasible or practical to replace the Trees on the same Parcel, the Replacement Trees shall be planted on Town land in a location designated by the Director. In addition to any other provision of this Bylaw, where an Owner fails to properly maintain a Replacement Tree such that the Tree is judged by the Director to be dead or in poor health or condition at the end of its second growing season after planting, that Owner will be considered to be in violation of the terms and conditions of the Permit issued under this Bylaw and shall, within 30 days of receiving notice of such requirement from the Director: a. Plant and maintain on the same Parcel in accordance with the approved Tree Cutting and replacement plan a minimuin of two (2)Replacement Trees for each failed Replacement Tree. 15 Town of Qualicum Beach Tree Protection Bylaw No. 725, 2023 7.5 7.6 b. In the event the Director determines it is not feasible or prudent to replacethe Tree(s) on the sarne Parcel, the Replacement Trees shall be planted on Town land in a location designated by the Director at a charge of $1,250 per Replacement Tree to the applicant. 7.43 In the event that a person having received notice under Section 7.3.1 fails Within the time speci?ed therein to remedy such breach, the Town or its appointed agents may enter upon the real property and undertake, at the Owner's or occupier's expense, the works required to remedy the breach. Suspension or Cancellation of Permit 7.5.1 Without liiniting the application of Section 8 of 1:hisBylaw, if: a. There is a contravention of any term, condition, requirement or restriction of this Bylawor a Permit issued under this Bylaw; or b. A Permit was issued under this Bylawon the basis of statements made i.nthe Permit application or a report, declaration or record required under this Bylaw, that were false or misleading with respect to a material fact or that omitted to state a material fact, the omission of which made the statement false or misleading; The Director may: i. Suspend in whole or in part the rights of the Permit holder under the Permit; ii. Cancel the Permit; or Amend or attach new conditions to a Permit. Right of Reconsideration 7.6.1 7.6.2 7.6.3 l/Vherean Owner or occupier of real property is subject to a requirement or a decision made by the Director under this Bylaw, the Owner or occupier may apply to Council for reconsideration of the matter. There is no charge for an application for reconsideration. An Owner or occupier who wishes to have a decision reconsidered by Council must apply for the reconsideration by delivering to the Director 15 Town of Qualicum Beach Tree Protection Bylaw No. 725, 2023 7.7 of Corporate Services, within 30 days after the decision is communicated in writing to the Owner or occupier, a request for reconsideration which includes the following: a. The date of the decision and the nature of the decision; b. Reasons why the Owner or occupier considers the Director's decision or requirement to be inappropriate; c. The decision the Owner or occupier wishes to have Council substitute for the Director's decision, with brief reasons in support of the request; and d. A copy of any materials considered by the Owner or occupier to be relevant to the reconsideration by Council. 7.6.6 In reconsidering a decision, Council will consider the material that was considered by the Director in making the decision. 7.6.9 After having reconsidered a decision, Council may either confirm the Director's decision, amend the Director's decision, or may set aside all or part of the Director' s decision and substitute the decision of Council. Recovery of Costs and Fees from Real Property Taxes 7.7.1 The costs of fees and actions taken by the Town under this Bylawmay be collected by the Town in the same manner as real property taxes, and will be added as arrears of taxes if unpaid by December 31 in the year in which the costs are incurred. 8. Offences and Penalties 8.1 8.2 8.3 In addition to other bylaw enforcement powers, enforcement of this Bylaw against a person may be by Municipal Ticket Information ("MTl")and if convicted, that person shall be liable to pay the full amount of the penalty and fine prescribed in the Town of QualicumBeach Municipal Ticket Information Bylaw No. 626. For greater certainty, an Owner of a property who permits a person to violate any provision of this Bylaw is in violation of this Bylaw. If the penalty indicated on a MTI is not paid, and the Municipal Ticket is not disputed within fourteen (14)days of the date of service of MTI, the amount in full becomes due and payable to the Town of QualicumBeach. 17 Town of Qualicum Beach Tree Protection Bylaw No. 725, 2023 8.4 8.5 8.6 8.7 8.8 Any person who fails to pay the penalty indicated may have the amount transferred to a collection agent or be subjectto collection through other legal processes. Any person who contravenes or violates any provision of this Bylaw or of any Permit issued under this Bylaw, or who suffers or allows any act or thing to be done in contravention or violation of any of the provisions of this Bylaw or any Permit issued under this Bylaw, or who fails or neglects to obey any order, direction or notice given under this Bylaw or any Permit issued under this Bylaw, commits an offence against this Bylaw and is liable on summary conviction to a fine of $50,000 in addition to the costs of prosecution. Where one or more Protected Tree is Cut or Removed other than as authorized by this Bylaw, or more than one Protected Tree is not replaced or maintained in accordance with a Permit issued under this Bylaw, a separate offence is committed in respect of each such Tree. For the purposes of this Bylaw, each Tree Altered, Cut, Damaged or Removed in violation of this Bylaw and each day that a violation of this Bylawis caused or permitted to exist by any person shall constitute a separate offence. Notwithstanding Section 9.1, any person who is guilty of obstructing the Director or Officer or their appointed designates while performing their duties in relation to this Bylaw is liable upon summary conviction to a fine of not less than $2,000.00 and up to $50,000.00, or to imprisonment for not more than 6 months, and the cost of prosecution. 9. Severabili? 9.1 9.2 If any part, section, sub--section,sentence, clause or sub-clause of this Bylawis for any reason held to be invalid by the decision of any Court of competent jurisdiction, the invalid section shall be severed and the decision that it is invalid shall not affect the validity of the remaining portions of this Bylaw. Section headings do not form part of this Bylaw. They are included for convenience only and must not be used in interpreting this Bylaw. READ A FIRST TIME this 22"" day of March, 2023. READ A SECOND TIME this 22114day of March, 2023. READ A THIRD TIME this 22"" day of March, 2023. ADOPTED BY Council this 243*day of March, 2023. < Heather Svensen Corporate Administrator Cmfé?lzndg Teunis Westbroek Mayor 18 Town of Qualicum Beach Tree Protection Bylaw No. 725, 2023 SCHEDULE "A" REPLACEMENT TREES Where Replacement Trees are required to be provided pursuant to this Bylaw, such Replacement Trees shall be provided and planted as follows: 1. Minimum Replacement Tree Sizes (at time of planting): 1.1 Deciduous Replacement Trees are to be a minimurn of 2m i_nheight and a minimum 4cm caliper*, 1.2 Coniferous Replacement Trees are to be a minimum of 3m i.n height. 2. Every Replacement Tree shall be spaced from existing Trees and other Replacement Trees i.naccordance with an approved landscape plan and in all cases shall be planted in accordance with the current BCSLA (BritishColumbia Societyof Landscape Architects) or BCLNA (BritishColumbia Landscape & Nursery Association)Landscape Standards. 3. All Replacement Trees shall meet current BCSLA or BCLNA standards. 4. The type, size, condition and location of Replacement Trees must be approved by the Director. * Caliper size is the caliper width, or diameter, of a Tree at 15cm height from the ground. 19 Town of Qualicum Beach Tree Protection Bylaw No. 725, 2023 SCHEDULE "B" TREE PROTECTION PLANS: REQUIREDCONTENT 1. Written Report and Summary Executive Summary (projectand proponent info, Summary statistics, total Trees proposed for removal, retention and replacement). Introduction (projectbackground and consultant's assignment). Site observations (including aerial context photo). Description and Evaluation of Tree Resource, including risk assessment. Discussion of Proposed Site Plan, including potential Tree impacts. (Should address grading plan, site servicing, building elements and landscape grading, soil preparation, planting plan and proposed hardscape, irrigation and lighting elements). Proposed classification of Trees to be removed or retained. Discussion and recommendations for Tree Protection Measures. 2. Tree Inventory Table (append to Plan) Tree tag #, Common Name, DBH, Canopy radius, Protected Root Zone radius, BiologicalCondition, Structural Condition, Comments and Recommendations 3. Tree Protection Drawing (append to Plan) Topographic Tree Survey elements (north arrow, land contours, Tree locations, property lines, roads, driveways, etc.) Site Plan Element overlays (architectural, grading, servicing, landscape) Protected Tree tag #5, labels, canopy extents, calculated and protected root zone extents Replacement Tree labels and locations Proposed Tree Protection Barrier alignment Comprehensive and relevant annotated Tree Protection Measures 4. Tree Protection Fencing Detail (appended to Plan) in accordance with Schedule "C" to this Bylaw. 20 SCHEDULE "C" TREE PROTECTION BARRIER REQUIREMENTS 7I'---*'~---j--'---- 2.4M MAXIMUMSPAN /~--~ 38x89mm TOP RAIL AAAA . 500n1mXENIHIII SIGNMUSTBE ATTACHEDTO FENCE:SEE 9999999 '3'3'3'3'3*3'3'3'3'3'3°3'3'3 %&%&&%%WNV$@&f I f o'¢%'4'4'4' ' 'Q99 asx89 mmBOTFDMRAIL 38 x 89mm POST TIES OR STAPLES TO SECUREMESH TREE PROTECTIONFENCING NOTES: 1. FENCEWILLBE CONSTRUCTEDUSING38 X 89 mm(2"X4")WOOD FRAME: TOP.BOTTOMANDPOSTS. * USE ORANGE SNOW-FENCINGMESHAND SECURETO THE WOOD FRAME WITH "ZIP"TIES OR GALVANZIEDSTAPLES. 2. ATTACHA 500mm x 500mm SIGN WITHTHE FOLLOWINGWORDING: WARNING-HABITATPROTECTIONAREA. THISSIGN MUSTBE AFFIXED ON EVERY FENCE FACE OR AT LEASTEVERY 10 LINEARMETRES. " INROCKYAREAS,METALPOSTS (T~BAROR REBAR) DRILLEDINTO ROCK WILLBE ACCEPTED W NAME TREE PROTECTION FENCING 21