Tree Protection Bylaw No. 8057 (Consolidated)

Richmond, British Columbia

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8253581 CITY OF RICHMOND TREE PROTECTION BYLAW NO. 8057 EFFECTIVE DATE - MAY 8TH, 2006 CONSOLIDATED FOR CONVENIENCE ONLY This is a consolidation of the bylaws below. The amendment bylaws have been combined with the original bylaw for convenience only. This consolidation is not a legal document. Certified copies of the original bylaws should be consulted for all interpretations and applications of the bylaws on this subject. AMENDMENT BYLAW DATE OF ADOPTION EFFECTIVE DATE (If different from Date of Adoption) Bylaw 8157 November 27, 2006 Bylaw 8263 September 24, 2007 Bylaw 8328 February 11, 2008 Bylaw 8637 January 10, 2011 February 9, 2011 Bylaw 10246 April 26, 2021 Bylaw 10307 December 6, 2021 Bylaw 10343 February 28, 2022 Bylaw 10715 November 10, 2025 8253581 February 9, 2011 TREE PROTECTION BYLAW NO. 8057 TABLE OF CONTENTS PART ONE - APPLICATION ..................................................................................................1 PART TWO - INTERPRETATION ........................................................................................1 PART THREE - RESTRICTIONS AND EXEMPTIONS 3.1 Restrictions ..............................................................................................................6 3.2 Exemptions ..............................................................................................................6 PART FOUR - PERMIT APPLICATION PROCESS 4.1 General Conditions of Permit ..................................................................................7 4.2 Application Requirements .......................................................................................8 4.3 Replacement Trees ...................................................................................................9 4.4 Security Deposits for Cutting or Removal Permits................................................10 4.5 Permit Issuance or Refusal.....................................................................................12 4.6 Expiry .....................................................................................................................12 4.7 Abandoned or Cancelled Applications ..................................................................12 4.8 Renewal, Extension or Modification .....................................................................13 PART FIVE - REGULATIONS 5.1 Tree Cutting or Removal .......................................................................................13 5.2 Protection of Retained Trees During Construction and Site Preparation ..............15 5.3 Hazardous or Standing Dead Trees........................................................................19 PART SIX - ADMINISTRATION 6.1 Inspection ...............................................................................................................20 6.2 Notice of Non-Compliance ....................................................................................20 6.3 Failure to Remedy Non-Compliance .....................................................................20 6.4 Suspension or Cancellation of Permit ....................................................................21 6.5 Right of Reconsideration .......................................................................................21 PART SEVEN - OFFENCES AND PENALTIES .................................................................22 PART EIGHT - PREVIOUS BYLAW REPEAL..................................................................23 PART NINE - SEVERABILITY AND CITATION .............................................................23 PART TEN - FEES BYLAW ..................................................................................................24 Bylaw 8057 Page 3 8253581 TABLE OF CONTENTS (continued) SCHEDULE A - Replacement Trees ......................................................................................25 SCHEDULE B - Tree Retention Areas ..................................................................................27 SCHEDULE C - Notice of Non-Compliance & Stop Work Order ......................................28 SCHEDULE D - Order to Remove .........................................................................................29 SCHEDULE E - Environmentally Sensitive Areas ..............................................................30 8253581 February 9, 2011 City of Richmond Bylaw 8057 Tree Protection Bylaw 8057 The Council of the City of Richmond enacts as follows: PART ONE: APPLICATION 1.1 This bylaw applies to trees which are: a) on land owned or in the possession of the City; b) on a privately-owned parcel of land in the City; c) within a development permit area; d) within a tree retention area identified and shown on Schedule "B"; or e) identified for retention and protection as part of a subdivision, development permit or building permit approval process. 1.2 This bylaw does not apply to private land used for a) the production or cutting of trees under a valid, existing licence for a tree farm, nursery or Christmas trees; or b) a golf course. PART TWO: INTERPRETATION 2.1 In this bylaw: CALIPER means the diameter of a tree at 15 centimetres [6 inches] above the natural grade of the ground, measured from the base of the tree. CERTIFIED TREE RISK ASSESSOR means a Certified Arborist with additional current training and certification in tree risk assessment as determined by the International Society or Arboriculture. CITY means the City of Richmond. CONIFEROUS means a cone bearing tree that has its seeds in a cone structure. COUNCIL means the municipal Council of the City of Richmond. Bylaw 8057 Page 2 8253581 CUTTING OR REMOVAL or CUT OR REMOVE means to kill, remove or substantially destroy a tree by any means, including without limitation, knocking down or cutting into the tree, the topping of a tree and the cutting of any main stem or other leader or trunk. DAMAGE means any action which will likely cause a tree to die or to decline, including, but not limited to, ringing, poisoning, burning, topping, root compaction, root cutting, excessive pruning, excessive crown lifting, or pruning in a manner not in accordance with "ISA Best Management Practices, Tree Pruning and ANSI A300 pruning standards". "Damaged" and "damaging" shall have the corresponding meaning. DBH (DIAMETER BREAST HEIGHT) means the diameter of the trunk of a tree measured at a point 1.4 metres above the natural grade, except where the diameter of a tree having multiple trunks 1.4 metres above the natural grade shall be the sum of 100% of the diameter of the largest trunk and 60% of the diameter of each additional trunk. DECIDUOUS means a tree that sheds most or all of its foliage annually. DIRECTOR means the Director of Building Approvals and any person designated by the Director to act in his or her place. DRIP LINE means a circle on the ground around the trunk of a tree, the radius of which is the distance between the outermost twigs of the tree and the centre point of the trunk, or its vertical extension. HAZARD TREE means a tree identified in writing by a certified tree risk assessor as having defects sufficient to significantly increase the likelihood that all or part of the tree will fall resulting in a risk of personal injury or property damage. HAZARDOUS OR STANDING DEAD TREE means a tree assessed by the City to be in a dangerous to people or property, a tree that is in imminent danger of falling, and/or to be dead notwithstanding the fact it is still standing. HEDGE means a row of three or more trees that through growth and pruning forms a continuous dense screen of vegetation from ground level that provides privacy, fencing, wind breaking, and/or boundary definition. Bylaw 8057 Page 3 8253581 HIGHWAY includes a street, road, lane, bridge, viaduct and any other way open to public use, other than a private right-of-way on private property. LETTER OF UNDERTAKING means a letter of undertaking from a certified tree risk assessor providing for the measures to be taken or preformed by the certified tree risk assessor to assist with and monitor tree protection treatments and compliance during site preparation and the construction phase on the parcel, to the satisfaction of the Director, including but not limited to: (i) pre-construction treatment of trees including root and branch pruning; (ii) regular on-site inspections of the parcel and any retained trees during site preparation works and construction, and a statement that they will report any offence against this bylaw on the parcel or adjacent to the parcel on City land to the Director; (iii) restorative landscape treatment, including soil renovation; (iv) selection and planting of any replacement trees required under this bylaw; (v) a post construction inspection of the parcel and any retained trees, and preparation of a certified report for submission, in a timely manner, to the Director; and (vi) a monitoring inspection of the parcel, any retained trees and any replacement trees for a period of time determined by the Director following the post-construction inspection, and preparation of a certified report for submission, in a timely manner, to the Director. ORDER TO REMOVE means an order, which is substantially in the form of Schedule D attached to and forming a part of this bylaw. OWNER means a person registered in the records of the Land Title Office as the fee simple owner of the parcel: a) to which the permit relates at the time of permit application, b) upon which a tree is located; Bylaw 8057 Page 4 8253581 c) upon which a retained tree is located, or d) adjacent to a City tree that is a retained tree, where works are being undertaken on the parcel, as applicable. PARCEL means any lot, block or other area in which land is held or into which land is subdivided but does not include a highway. PERMIT means a permit issued by the Director under authority of this bylaw to cut or remove a tree or trees. PERMIT HOLDER means the owner of the parcel subject to a permit, and if the applicant for the permit is not the owner of the parcel, includes the applicant. PRUNING means the selective removal of branches to improve timber quality, or to remove dead or diseased wood, or to correct undesirable growth patterns. PUBLIC UTILITY means the City, B.C. Hydro Authority, Telus, Terasen Gas Inc. and any other utility company or its contractors providing a public service or utility. REPLACEMENT TREE means a woody perennial plant with one or more substantially erect main trunks or stems, including its root system, that is required to be planted and maintained in accordance with Sections 4.3 and 7.3, and Schedule "A". RETAINED TREE means any tree or trees identified for retention and protection as part of a subdivision, or building permit approval process. ROOT ZONE means 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. SECURITY DEPOSIT means a security deposit in the form of cash or a clean, unconditional, and irrevocable letter of credit drawn on a Canadian financial institution, in a form acceptable to the Director or an on-demand irrevocable bond, without expiry and issued by a prequalified institution satisfactory to the Director. SIGNIFICANT TREE means any tree with a dbh of 92.0 cm caliper (36" diameter) or greater, which is not a hazardous or standing dead tree. Bylaw 8057 Page 5 8253581 SUBDIVISION for the purposes of this bylaw subdivision shall not include subdivision by way of strata plan, or air space subdivision plan. TOPPING means the removal of major portions of a tree crown by cutting branches to stubs or to the trunk or cutting of the main leader or branches, and includes re-topping of previously topped trees. TREE means: a) a woody perennial plant with one or more substantially erect main trunks or stems, including its root system, which has reached or could reach a height of at least 4.5 metres and has a dbh of at least 20 centimetres; b) a woody perennial plant with one or more substantially erect main trunks or stems, including its root system, regardless of height or dbh, where located on land that has been identified as an environmentally sensitive area in Schedule "E"; or c) a woody perennial plant with one or more substantially erect main trunks or stems, including its root system, regardless of height or dbh, where located on land that is in the ownership or possession of the City. TREE PROTECTION BARRIER means a sturdy protection barrier or temporary fence at least 1.2 metres in height, installed around the drip line of a tree that is to be retained. TREE RETENTION AREA means those areas of the City shown and identified on Schedule "B"; WATERCOURSE means a channel through which water flows at any time of the year and includes a brook, river, stream, creek, lake, pond and any other body of water running through or situated partially or fully within the City. WORKS means any works pursuant to or related to a building permit, including demolition, excavation, and construction, any pre-construction site preparation works, any site servicing works, and any works and activities related to the subdivision of the parcel. Bylaw 8057 Page 6 8253581 PART THREE: RESTRICTIONS AND EXEMPTIONS 3.1 Restrictions 3.1.1 A person must not cut or remove any tree, or cause, suffer or permit any tree to be cut or removed, except in accordance with the terms and conditions of a valid permit issued under this bylaw. Without limiting the generality of the foregoing, this section includes replacement trees. 3.1.1a A person must not damage, cut or remove a retained tree, or cause, suffer or permit any retained tree to be damaged, cut or removed. 3.1.1b A person must not commence or carry on works on a parcel except in accordance with the requirements of this bylaw, any applicable permit, and any other applicable City bylaw. 3.1.2 A person must comply with the terms and conditions of a permit issued under this bylaw. 3.1.3 Except to the extent permitted by a permit, or as provided for in section 3.2 a person must not damage a tree by carrying out any of the following activities: a) cutting or damaging the roots of a tree growing within the drip line; b) operating trucks, backhoes, excavators or other heavy equipment over the roots of a tree growing inside the drip line; c) placing fill, building materials, asphalt or a building or structure on land inside the drip line of a tree; d) denting, gouging or damaging the trunk of a tree; e) removing bark from a tree; f) depositing concrete washout or other liquid or chemical substances harmful to the health of a tree on land inside the drip line of a tree; g) removing soil from inside the drip line of a tree; h) blasting inside the drip line of a tree; i) cutting back the top portion of a tree's branches so as to significantly alter its normal canopy, except if the tree forms part of a hedge; j) undermining the roots of a tree growing inside the drip line; or k) altering the ground water or surface water level within the drip line of a tree. 3.2 Exemptions 3.2.1 A permit is not required to cut or remove a tree where: a) a development permit and/or rezoning has been approved which addresses the removal of the tree; Bylaw 8057 Page 7 8253581 b) the tree cutting or removal is necessary for the purposes of farm operations as defined in the Farm Practices Protection (Right to Farm) Act, as amended from time to time; c) the tree cutting or removal is for the installation of roads or services shown on an engineering drawing approved by the City in respect of a building permit or subdivision approval; d) a tree must be cut or removed on an emergency basis because it has been severely damaged by natural causes and poses an imminent danger of falling and injuring persons or property; e) the tree cutting or removal is carried out by the City or its agents on public property; f) the tree cutting or removal is carried out using standard arboricultural practices for the maintenance of above ground utility conductors by a public utility or its contractors; g) the cutting or removal is of a tree less than 20 centimetres dbh by a British Columbia Land Surveyor when cutting survey lines of a width of less than two (2) metres; h) the cutting or removal constitutes normal pruning of trees, including pruning by a public utility in accordance with sound horticultural practice or as required for the safe operation of overhead transmission lines. 3.2.2 [REPEALED] 3.2.3 A permit is not required for the pruning of a hedge. PART FOUR: PERMIT APPLICATION PROCESS 4.1 General Conditions of Permit 4.1.1 A permit for the cutting or removal of any tree to which this bylaw applies shall be in the form issued by the Director. 4.1.2 A permit issued under this bylaw is non-transferable. For greater certainty, if the owner of the parcel changes after a permit is issued under this bylaw, said issued permit is not transferred to the new owner and the new owner wished to proceed with the cutting or removal the new owner must: a) apply for a new permit; b) must pay the non-refundable application fee as specified in the Consolidated Fees Bylaw No. 8636; and c) deliver a new security deposit, upon such delivery the existing security deposit will be returned to the owner listed in the original permit. If, after making reasonable efforts to locate the original owner, said person cannot be located, a non-refundable administrative fee of $500 will be charged by Bylaw 8057 Page 8 8253581 the City and paid from the original security deposit for each year that the City retains said security deposit commencing six (6) months after the original security deposit is replaced with the new security deposit. 4.1.3 The permit shall be displayed in an accessible and conspicuous location on the parcel to which it pertains no less than 72 hours prior to and during tree cutting or removal operations. 4.2 Application Requirements 4.2.1 Every application for a permit shall be made in writing to the Director and shall include: a) non-refundable application fee in the amount set from time to time in the Consolidated Fees Bylaw No. 8636, unless the application is for permission to remove a hazard tree or required pursuant to an order to remove; b) the following documents, plans and information relating to the proposed tree cutting or removal: (i) a statement of purpose and rationale for the proposed tree cutting or removal; (ii) a tree cutting and replacement plan drawn to approximate scale identifying: A. the boundaries of the subject parcel; B. any abutting streets, lanes or public access rights of way; C. the location of existing buildings and structures; D. the location, species and dbh of those trees proposed to be cut or removed; E. the location, species and dbh of those trees proposed to be retained and protected; F. the location, species and dbh of proposed replacement trees; G. the location of significant topographic and hydrographic features and other pertinent site information; (iii) the street location and legal description; (iv) the consent in writing of the registered owner of the property, if different from the applicant, authorizing the applicant to act as the owner's agent (v) the consent in writing of the registered owners of the parcels where the base of the tree to be cut or removed is located. (vi) the methods proposed for control of drainage and erosion impacts during and after the tree cutting or removal; (vii) the proposed methods for disposal of woodwaste and other debris; Bylaw 8057 Page 9 8253581 (viii) the proposed methods of noise and dust control during the tree cutting or removal operation; (ix) the proposed completion dates for tree cutting or removal; (x) if required by the Director: A. a report prepared by a professional engineer, professional biologist or certified arborist with experience in, as the circumstances require, geotechnical engineering, hydrology or tree management, certifying that the proposed tree cutting or removal will not create an adverse impact including flooding, erosion, land slip or contamination of a watercourse; B. where the site of the tree cutting or removal is on a parcel adjacent to or containing any part of a watercourse, a survey plan prepared by a BC Land Surveyor or professional engineer showing the top-of-bank of such watercourse; C. where the tree cutting or removal is for a hazard tree, a report prepared by a certified tree risk assessor certifying that the tree is dead, diseased, damaged or otherwise constitutes a physical hazard to persons or property; and (xi) such further and other information as the Director determines is necessary to adequately describe the nature and extent of the tree cutting or removal operation. 4.2.3 Each and every application for a permit will include written confirmation from the applicant and from the owner(s) that they will release, indemnify and save harmless the City and its elected officials, officers, employees, contractors and agents from and against all claims, demands, damages, losses, actions, costs and expenses related to or arising from the issuance of a permit, the breach of any permit conditions, the security deposit being provided to the City, the proposed cutting or removal, or the breach of any provisions of this bylaw by the applicant, the owner(s), or those for whom they are responsible at law. 4.3 Replacement Trees 4.3.1 For parcels: a) containing a one-family dwelling, as a condition of issuing a permit for cutting or removal under this bylaw, it is required that one (1) replacement tree be planted and maintained for each tree cut or removed on the applicant's parcel in accordance with the requirements set out in Schedule "A"; b) other than those specified in 4.3.1(a) above, as a condition of issuing a permit for cutting or removal under this bylaw, it is required that one or more replacement trees be planted and maintained for each tree cut or removed on the applicant's parcel in accordance with the requirements of Schedule "A"; Bylaw 8057 Page 10 8253581 c) where the tree or trees to be cut or removed pursuant to permit under this bylaw form part of a hedge, the Director may require that less than one replacement tree be planted and maintained for each tree that is cut or removed; and d) where a required replacement tree cannot, in the opinion of the Director, be accommodated on the parcel, the Director may require the applicant to plant the replacement tree on City owned property, including road, in a location designated by the Director. 4.3.2 Replacement trees shall be planted and maintained in accordance with sound horticultural and arboricultural practices to the satisfaction of the Director. 4.3.3 A replacement tree is not required for the cutting or removal of a hazard tree or a tree subject to an order to remove, unless said tree was damaged causing it to be a hazardous or standing dead tree. 4.4 Security Deposits for Cutting or Removal Permits 4.4.1 Prior to the issuance of a permit, every owner must provide a security deposit to the Director in the amount specified in the Consolidated Fees Bylaw No. 8636. If the applicant is not the owner, then the applicant is deemed to provide the security deposit on behalf of and for the owner. 4.4.2 Notwithstanding the expiry of any permit, the City may immediately make a claim under any bond held as the security deposit and apply such proceeds, cash any letter of credit held as the security deposit, and, in the Director's discretion, apply the proceeds of such letter of credit, or, if the security deposit is held as cash, apply said funds, to have replacement trees planted on the subject parcel by City staff, or a contractor engaged by the City, as a cash-in- lieu contribution on behalf of the owner to the City's Tree Compensation Fund for off-site planting, or as the Director may otherwise decide, if: a) the tree or trees that are the subject of the permit are cut or removed and the permit holder fails to, or refuses to, plant the replacement tree(s) required under this bylaw or as a condition of a permit, which is issued independent of any works or subdivision, within two (2) years of the date of issuance of the permit; b) the tree or trees that are the subject of the permit are cut or removed and the permit holder fails to, or refuses to, plant the replacement tree(s) required under this bylaw or as a condition of a permit, which is issued relating to a building permit or subdivision, (i) within one (1) year of the final building inspection permitting occupancy of the related works, building, or structure; or (ii) if the related works, building, or structure does not obtain final building inspection permitting occupancy within four (4) years of the date of issuance of the permit, within five (5) years of the date of issuance of the permit; Bylaw 8057 Page 11 8253581 c) any replacement tree is damaged, dies or is reasonably likely to die, other than as a result of natural accidental causes such as lightening strike, or is cut or removed; d) the permit holder fails to deliver to the Director any tree replacement completion report, or monitoring report within one (1) year of the time such report is required to be delivered to the City pursuant to this bylaw, and thus the permit holder is deemed not to have complied with their permit obligations. 4.4.3 Subject to Section 4.4.2, if the permit holder complies with the provisions of the bylaw and performs all of the terms and conditions of the applicable permit, the City will: a) return 90% of the remaining security deposit, with no interest, to the owner, or upon written request of the owner to the owner's agent, within six (6) months, after the completion of the planting of the replacement trees as demonstrated by a site inspection and/or by delivery to the Director of a tree replacement completion report from a certified tree risk assessor, to the satisfaction of the Director; and b) return the balance of the security deposit held by the City, with no interest, to the owner, or upon written request of the owner to the owner's agent, within six (6) months of a monitoring inspection of the applicable tree(s) and/or by delivery to the Director of a monitoring report from a certified tree risk assessor as to the health of the applicable tree(s), to the satisfaction of the Director, conducted or delivered, as applicable, one (1) year after the later of the inspection and/or report that triggered the first return of security deposit funds under section 4.4.3(a). 4.4.4 Where the security deposit is drawn upon by the City for any reason prior to the expiry of the permit, the owner will, within 15 days of receipt of written notice from the City, replenish the security deposit to the amount required by Section 4.4.1, unless exempted in writing by the Director. 4.4.5 Notwithstanding the expiry of a permit, the security deposit will continue to secure the owner's obligations under the permit and this bylaw until it is either returned pursuant to Section 4.4.3, or used by or forfeited to the City pursuant to Section 4.4.2. Upon expiry of a permit (including any renewal thereof), the owner will undertake any activity required by the Director to ensure that the provisions of this bylaw, and the terms and conditions of the permit, have been complied with. 4.4.6 If the security deposit is not sufficient for the City to rectify any contravention or non-compliance with the permit, this bylaw, or any other City bylaw relevant to the matter that is the subject of the applicable permit, including but not limited to the planning of replacement trees, the owner will pay any deficiency to the City within seven (7) days of receiving a written demand for such amount from the City. Any such deficiency charges that remain unpaid on or before December 31st in the year in which the charges are incurred by the City, form part of the taxes payable on such parcel, as taxes in arrears. Bylaw 8057 Page 12 8253581 4.4.8 If a security deposit is in the form of a letter of credit and it will expire prior to the permit holder complying with the provisions of this bylaw, or prior to the performance of all of the terms and conditions expressed in the applicable permit, the owner will deliver to the City, at least 30 days prior to its expiry, a replacement letter of credit on the same terms as the original letter of credit provided to the City, unless otherwise approved by the Director. If the owner fails to do so, the City may draw down upon the letter of credit and hold the resulting cash as the security deposit in lieu thereof. 4.4.9 If a security deposit is in the form of an on-demand irrevocable bond, the bond will be without expiry, be issued on the City's then current form of irrevocable bond by a prequalified institution satisfactory to the Director and acceptance by the City will be subject to an administration fee. 4.5 Permit Issuance or Refusal 4.5.1 The Director may issue a permit if: a) an application for a permit complies with the requirements of this bylaw; and b) the proposed tree cutting or removal complies with this bylaw and all other applicable City bylaws. 4.5.2 The Director may refuse to issue a permit if the proposed tree cutting or removal is within a tree retention area. 4.6 Expiry 4.6.1 Every permit shall expire 12 months from the date of issue or upon such earlier date as may be specified in the permit. 4.7 Abandoned or Cancelled Applications 4.7.1 An application will be deemed to have been abandoned if the applicant fails to fully and completely respond to a request by the Director for documentation or information under this bylaw within one (1) year of the date the request is made. Once abandoned, all application fee(s) collected will be forfeited to the City, and if the applicant has delivered a security deposit to the City: a) it shall be returned to the applicant if no tree subject to the application has been cut or removed. If, after making reasonable efforts to locate the owner, said person cannot be located, a non-refundable administrative fee of $500 will be charged by the City and paid from the security deposit for each year that the City retains the security deposit commencing six (6) months after the application is deemed abandoned; or b) if any tree subject to the application has been cut or removed other than in accordance with an issued permit, the security deposit shall be forfeited to the City for the planting of replacement tree(s) on the parcel, for contribution to the City's Tree Compensation Fund, or for use as otherwise determined by the Director. Bylaw 8057 Page 13 8253581 If the applicant wishes to proceed with any cutting or removal after any such abandonment, the applicant must, unless exempted in writing by the Director, submit a new application for a permit and must pay an additional non- refundable application fee as specified in the Consolidated Fees Bylaw No. 8636. If the security deposit has been forfeited a new security deposit will be required, and if the security deposit has been drawn down upon as provided in subsection 4.7.1(a) above the owner will be required to replace it with a new security deposit in the full amount required by this bylaw. 5.7.2 Where the applicant for a permit is not the owner of the subject parcel, the owner: a) may withdraw the application, or b) if the permit has been issued but the tree cutting or removal under said permit has not yet commenced, may cancel said permit; upon not less than five (5) business day's written notice to the Director. If a security deposit has been delivered it will be returned to the owner. 4.8 Renewal, Extension or Modification 4.8.1 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: a) 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; b) the permit holder shall pay a non-refundable fee in the amount set from time to time in the Consolidated Fees Bylaw No. 8636; c) 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; d) 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 modification; and e) 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. PART FIVE: REGULATIONS 5.1 Tree Cutting or Removal 5.1.1 Every cutting or removal of a tree shall comply with, and every permit issued under this bylaw is subject to, the observance or fulfilment of the Bylaw 8057 Page 14 8253581 following requirements, restrictions and regulations, to the satisfaction and approval of the Director: a) tree parts and woodwaste shall be properly disposed of by chipping or removal from site in accordance with all applicable City bylaws and Provincial regulations; b) each tree to be cut or removed shall be clearly identified with a flag, paint, survey tape or other such method; c) a tree protection barrier shall be placed around any tree or trees which are not to be cut or removed, in such a manner to ensure that the trunk, branches and root structure are not damaged by the cutting or removal operations. The tree protection barrier must be constructed prior to the issuance of the permit and must remain intact for any construction or demolition site throughout the entire period of construction or demolition; d) precautions shall be taken to ensure that trees which are not to be cut or removed are not be subject to any of the damaging activities prohibited by subsection 3.1.3; e) no tree cutting or removal activities may be carried out between the hours of 6:00 p.m. and 8:00 a.m. the following day; f) all damage to drainage facilities, watercourses, highways or other public or private property arising from the removal of a tree shall be promptly and properly repaired to the satisfaction of the Director at the expense of the permit holder; g) all watercourses, groundwater aquifers, waterworks, ditches, drains, sewers or other established drainage facilities shall be kept free of all woodwaste arising from or caused by the tree cutting or removal operations; h) all hazards or potential hazards arising from the tree cutting or removal operation shall be adequately fenced or otherwise protected for the safety of the public; i) tree cutting or removal operations must not encroach upon, undermine, damage or endanger any adjacent property or any setback area prescribed in the permit or a bylaw; and j) tree cutting or removal operations shall be limited only to the area specified in the permit which shall be clearly marked at the site and such markings maintained for the duration of the permit. 5.1.2 The Director may issue a permit subject to the observance or fulfilment of any additional conditions specified in the permit which in the opinion of the Director are necessary to achieve the purposes of this bylaw. Bylaw 8057 Page 15 8253581 5.2 Protection of Retained Trees During Construction and Site Preparation 5.2.1 With an application for issuance of a building permit or subdivision approval, the owner, or the applicant on behalf of the owner, must submit a) a survey, certified correct by a BC land surveyor who is a member of the Association of British Columbia Land Surveyors that shows: i) each tree located on the parcel, on adjacent property within two metres of any boundary of the parcel, and on any City street adjacent to the parcel; ii) the tree grade or tree elevation for each tree referred to in subsection (i); iii) the drip line for each such tree; and iv) the location, height, and diameter of each stump on the parcel. b) a certified report by a certified tree risk assessor, that sets out: i) the condition, size, and species of trees on the parcel; ii) the impact of the proposed works or subdivision on the health of trees on the parcel, and potential hazards to them during or after the works; and iii) recommended construction practices to protect trees during and after the works; and c) a statement of purpose and rationale for the proposed tree protection barrier(s); d) a tree management plan drawn to approximate scale identifying: i) the boundaries of the subject parcel; ii) any abutting streets, lanes or public access rights of way; iii) the location of existing buildings and structures; iv) the location, species and dbh of those trees proposed to be retained trees and the location and specifications of any tree protection barrier(s); and v) the location of significant topographic and hydrographic features and other pertinent site information; e) the street location and legal description of the parcel; f) the consent, in writing, of the owner(s) of the parcel, if different from the applicant, authorizing the applicant to act as the owner's agent; g) if any tree protection barrier(s) are to be located on any additional parcel(s), the consent in writing of the registered owner(s) of such parcel(s); h) the proposed commencement and completion dates for the works; and i) a letter of undertaking. Bylaw 8057 Page 16 8253581 5.2.2 Despite anything contained in the City's bylaws, a person is not entitled to a building permit for demolition, excavation, or construction on a parcel, and the application for such building permit will not be deemed complete, and a person is not entitled to a subdivision approval, and the application for such subdivision is not deemed complete, except if: a) the owner has complied with Sections 5.2.1 and 5.2.2 of this bylaw; and b) the Director has inspected and approved the tree protection barrier(s) on the parcel, on adjacent property, or the City street, as applicable. 5.2.3 If a building permit application is for alterations to only the interior of a building, and, in the opinion of the Director, none of the work, or storage, transport, or removal of materials, will affect any tree located on the parcel, sections 5.2.1 and 5.2.2 do not apply. 5.2.4 A person performing works on a parcel containing one or more retained trees, or where one or more retained trees are located on property or City street adjacent to the parcel shall: a) install a tree protection barrier around any retained tree or group of retained trees of size and location specified in the City's tree protection distance table, as approved and amended by the Director from time to time; b) ensure that such tree protection barrier is constructed of mesh fencing on 2"x4" wood rails or equivalent framing with railings along the tops, sides and bottom, or is constructed of materials otherwise satisfactory to the Director; c) display signage indicating that the area within the tree protection barrier is a "tree protection zone," and stating that no encroachment, storage of materials, excavation, or damage to retained trees is permitted within the "tree protection zone;" d) arrange for inspection by the Director before any works commence, and refrain from commencing works until the Director has approved the tree protection barrier(s); and e) ensure that the tree protection barrier(s) remain in place until approval of its removal is received from the Director. 5.2.5 In addition to the requirements of Section 5.2.4, before and during works on a parcel, if one or more retained tree is located on City road, the owner must: a) comply with the requirements of the Director with respect to any tree on a boulevard or lane adjacent to the parcel; b) ensure that each tree protection barrier: i) allows for free and clear passage of pedestrians on the surrounding portion of the boulevard and on the sidewalk adjacent to the boulevard; ii) allows for clear visibility of fire hydrants, driveway accesses, and crosswalks; Bylaw 8057 Page 17 8253581 iii) is 0.6 m or more from the curb to allow for the opening of car doors; and iv) is 0.3 m or more from the edge of any sidewalk located within a grass boulevard. 5.2.6 Security Deposit Required for Retained Trees Prior to the issuance of a building permit or approval of a subdivision where one or more retained trees have been identified, the owner, or the applicant on behalf of the owner, must deliver a security deposit to the Director in the amount specified in the Consolidated Fees Bylaw No. 8636 securing the preservation of the retained tree(s). If the applicant provides the security deposit, the applicant is deemed to provide the security deposit on behalf of and for the owner. 5.2.7 The security deposit delivered pursuant to Section 5.2.6 above will be governed by the following provisions: a) The City may immediately make a claim under any bond held as the security deposit and apply such proceeds, cash any letter of credit held as the security deposit, and, in the Director's discretion, apply the proceeds of such letter of credit, or, if the security deposit is held as cash, apply said funds to have replacement trees planted on the subject parcel by City staff, or a contractor engaged by the City, as a cash-in-lieu contribution on behalf of the owner to the City's Tree Compensation Fund for off-site planting, or as the Director may otherwise decide, if: i) any retained tree is damaged, or dies, other than as a result of natural accidental causes such as lightening strike, or is cut or removed; ii) any replacement tree, to be planted by the owner as compensation for a retained tree that is damaged, dies, or is cut or removed, is: (A) not planted within six (6) months of the damage, death, cutting or removal of the retained tree; or (B) is planted but is itself damaged, or dies, or is cut or removed; or iii) the owner fails to deliver to the Director any post-construction assessment report from the certified tree risk assessor within one (1) year of the substantial completion of the works, or the monitoring report from the certified tree risk assessor within two (2) years of the substantial completion of the works, and thus the owner is deemed not to have complied with their obligations to preserve the retained trees under this bylaw. b) Notwithstanding subsection 5.2.7(a), if an owner complies with the provisions of the bylaw, the City will: i) return up to 100% of the remaining security deposit, with no interest, to the owner, or upon written request of the owner to the owner's agent, within six (6) months after the later of: Bylaw 8057 Page 18 8253581 (A) substantial completion of the works and confirmation that the retained tree(s) have been protected in accordance with the letter of undertaking, as demonstrated by a site inspection and/or by delivery to the Director of a post-construction assessment report from a certified tree risk assessor, to the satisfaction of the Director; and (B) completion of the planting of the replacement trees as demonstrated by a site inspection and/or by delivery to the Director of a tree replacement completion report from a certified tree risk assessor, to the satisfaction of the Director; or ii) retain up to 100% of the security deposit if the Director is not satisfied with the site inspection, post-construction assessment report or tree replacement completion report, as the case may be, until the owner has completed any and all remedial action recommended by a certified tree risk assessor, to the satisfaction of the Director, at which time the City will return up to 100% of the remaining security deposit, with no interest, to the owner, or upon written request of the owner to the owner's agent c) If the security deposit is not sufficient for the City to rectify any contravention or non-compliance with this bylaw, or any other City bylaw relevant to the matter that is the subject of the applicable permit, including the planting of any replacement tree(s), the owner will pay any deficiency to the City within seven (7) days of receiving a written demand for such amount from the City. Any such deficiency charges that remain unpaid on or before December 31st in the year in which the charges are incurred by the City, form part of the taxes payable on such parcel, as taxes in arrears. d) If a security deposit is in the form of a letter of credit and it will expire prior to the owner complying with the provisions of this bylaw, the owner will deliver to the City, at least 30 days prior to its expiry, a replacement letter of credit on the same terms as the original letter of credit provided to the City, unless otherwise approved by the Director. If the owner fails to do so, the City may draw down upon the letter of credit and hold the resulting cash as the security deposit in lieu thereof. e) If a security deposit is in the form of an on-demand irrevocable bond, the bond will be without expiry, be issued on the City's then current form of irrevocable bond by a prequalified institution satisfactory to the Director and acceptance by the City will be subject to an administration fee. f) If an owner disposes or otherwise transfers its ownership of a parcel subject to the preservation of one or more retained trees, the transferee will be bound by the requirements, restrictions and regulations of such building permit or conditions for subdivision, the letter of undertaking and this bylaw and the security deposit held by the City will continue to secure Bylaw 8057 Page 19 8253581 such obligations including the preservation of such retained tree(s) and the owner will be deemed to have assigned its security deposit to the transferee unless the owner causes the transferee to replace any security deposit held by the City in a form acceptable to the Director upon the disposition or otherwise transfer of ownership. 5.3 Hazardous or Standing Dead Trees 5.3.1 The Director may make the determination that a tree is a hazardous or standing dead tree, and, if such a determination is made, the Director may serve an order to remove on the owner of the parcel on which such tree is located which required the registered owner to: a) apply for a permit; and b) remove said hazardous or standing dead tree within a specified time period. 5.3.2 The order to remove must be served on the owner of the parcel on which the hazardous or standing dead tree by either: a) personal service; or b) registered mail with acknowledgement of receipt, to the address of the owner of the parcel shown on the last real property assessment rolls, or provided that where the owner is a registered company or society, service may be accomplished by leading it at, or mailing by it by registered mail to, the head office or attorney address shown on the corporate register or society register, as applicable. 5.3.3 Where an order to remove is not personally served in accordance with subsection 5.3.2(a) above, such order is deemed to have been served on the third (3rd) day after mailing. 5.3.4 The Director may make inspections pursuant to Section 6.1 at any time to determine if the directions of an order to remove and the required related permit are being complied with. 5.3.5 Where the owner of a parcel subject an order to remove fails to comply with that order, City staff, or a contractor engaged by the City, may enter on the parcel, at reasonable times and in a reasonable manner, to remove the hazardous or standing dead tree at the expense of the defaulting owner. 5.3.6 Where a hazardous or standing dead tree has been removed in accordance with Section 5.3.5, the charges for such removal if unpaid on or before December 31st in the year in which the charges are incurred by the City, form part of the taxes payable on such parcel, as taxes in arrears. 5.3.7 Where an owner is subject to an order to remove, they may apply to the City Council for reconsideration of the matter in accordance with Section 6.5, other than that the deadline to apply for such reconsideration. The application for such reconsideration shall be made at least 72 hours prior to the expiration of the time given in the order to remove. Bylaw 8057 Page 20 8253581 PART SIX: ADMINISTRATION 6.1 Inspection 6.1.1 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. 6.1.2 The Director may, at all reasonable times, assess or inspect, or cause an assessment or inspection to be made of any trees to which this bylaw applies, including an assessment of the location, size, species and condition of such trees, in the following circumstances: a) where land is subject to an application for subdivision, approval of a servicing plan prior to subdivision, a development permit, a development variance permit, a temporary commercial or industrial use permit or a building permit; b) when replacement trees have been planted as required by this bylaw; or c) when an application for a permit to carry out tree cutting or removal operations has been made under this bylaw. 6.1.3 No person shall prevent or obstruct or attempt to prevent or obstruct the Director or designate from entering upon lands as authorized by subsections 6.1.1 and 6.1.2. 6.2 Notice of Non-compliance 6.2.1 The Director may give notice, in the form established in Schedule "C", to any person of a breach of, or non-compliance with, 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- compliance is remedied to the satisfaction of the Director, and every owner of land shall refuse to suffer or permit further tree cutting or removal operations upon the owner's land until such time as the breach or non- compliance is remedied to the satisfaction of the Director. 6.2.2 The Director may give notice, in the form established in Schedule "C", to any person of a breach of, or non-compliance with, any of the provisions of this bylaw or a permit issued under this bylaw, and such person shall immediately cease all works requiring the tree protection barrier(s) until such breach or non-compliance is remedied to the satisfaction of the Director, and every owner of lands shall refuse to suffer or permit further works upon the owner's parcel until such time as the breach or non-compliance is remedied to the satisfaction of the Director. 6.3 Failure to Remedy Non-compliance 6.3.1 In the event that a person having received notice under Section 6.2 fails within the time specified therein to remedy such breach, the City or its appointed Bylaw 8057 Page 21 8253581 agents may enter upon the lands or any part thereof and carry out the works required to remedy the breach, and the expense of doing so shall be paid by the person in breach and, if not paid within 90 days, the expense, with interest at the prescribed rate and costs, shall be recovered from the owner of the lands in the same manner as municipal taxes. 6.3.2 In the event that the City has drawn down on a security deposit and has elected to plant any of the related replacement trees on the parcel pursuant to Section 4.4.2, 5.2.7(a), or 7.6(c), the City or its appointed agents may enter upon the parcel or any part thereof, or upon any adjacent property on which retained trees were damaged, cut or removed, as applicable, notwithstanding the expiry of any related permit or the change in ownership of any parcel, to carry out the planting of such replacement trees. 6.4 Suspension or Cancellation of Permit 6.4.1 Without limiting the application of Part Seven (Offences and Penalties) and Section 4.4 (Security Deposit)), if: a) there is a contravention of any term, condition, requirement or restriction of this bylaw or a permit issued under this bylaw; or b) a permit was issued under this bylaw on the basis of statements made in the 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 (iii) amend or attach new conditions to a permit with the consent of the permit holder. 6.5 Right of Reconsideration 6.5.1 Where an applicant or owner of property is subject to a requirement or a decision made by the Director under this bylaw and is dissatisfied with the requirement or decision, the applicant or owner may apply to the City Council for reconsideration of the matter within 30 days of the requirement or decision being communicated to them. 6.5.2 An application for reconsideration must be delivered in writing to the City Clerk and must set out the grounds upon which the applicant considers the requirement or decision of the Director is inappropriate and what, if any, requirement or decision the applicant or owner considers the Council ought to substitute. Bylaw 8057 Page 22 8253581 6.5.3 At the meeting of Council, Council may hear from the applicant and any other person interested in the matter under reconsideration who wishes to be heard and may either confirm the requirement or decision of the Director or substitute its own requirement or decision. PART SEVEN: OFFENCES AND PENALTIES 7.1 Any person who: (a) violates or contravenes any provision of this bylaw or any permit issued under this bylaw, or who causes or allows any act or thing to be done in contravention or violation of this bylaw or any permit issued under this bylaw; or (b) fails to comply with any permit issued under this bylaw, or any of the provisions of this bylaw, any other City bylaw, or any applicable statute; or (c) neglects or refrains from doing anything required under the provisions of this bylaw or under any permit issued under this bylaw; or (d) obstructs, or seeks or attempts to prevent or obstruct a person who is involved in the execution of duties under this bylaw, commits an offence, and where the offence is a continuing one, each day that offence is continued shall constitute a separate offence. 7.2 Where one or more tree is cut or removed or damaged, other than as authorized by this bylaw, or more than one 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. 7.3 Upon being convicted of an offence under this bylaw, a person shall be liable to pay a fine of not less than one thousand dollars ($1,000.00) and not more than Fifty Thousand Dollars ($50,000.00), in addition to the costs of the prosecution. 7.4 In addition to the penalties imposed under section 7.3, by order of the court, a person convicted of an offence under this bylaw may be directed to: a) not do any act or engage in any activity that may result in the continuation or repetition of the offence; b) pay the costs incurred by the City in investigating and prosecuting the offence; c) pay compensation to the City for any damage or loss sustained by the City because of the commission of the offence to a maximum of $25,000 or higher monetary limit as may be specified under the Small Claims Act in force at the time of the offence; d) take any action the court considers appropriate to remedy any harm that resulted from the commission of the offence. 7.5 Pursuant to section 7.4 (d), the City may seek an order directing a person convicted of an offence under this bylaw to complete an education or training program for instruction in appropriate care and management of trees to a standard established by a provincial, national or international body for professional arboriculture, landscaping, or nursery practice. 7.6 In addition to any other penalty which may be imposed under this bylaw, where a person cuts, removes or damages, or causes, suffers or permits any tree to be cut, removed, or Bylaw 8057 Page 23 8253581 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", specifying the 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 City land in a location designated by the Director. c) notwithstanding subsection 7.6(b) above, if the tree that is cut or removed is a significant tree: i) deliver a security deposit to the Director in the amount specified in the Consolidated Fees Bylaw No. 8636 securing the planting of replacement trees as compensation for the damage, cutting or removal of a significant tree, which shall be held, use and released by the City upon the same terms as if it was taken pursuant to Section 5.2; and ii) plant and maintain on the same parcel in accordance with the approved tree cutting and replacement plan a minimum of three (3) replacement trees for each significant tree unlawfully damaged, cut or removed and in the event that the Director determines it is not feasible or practical to place any or all of the replacement trees on the same parcel, the replacement trees shall be planted on City land in a location designated by the Director. d) where the tree damaged, cut or removed is identified as a retained tree, then the Director may require the owner to plant the replacement trees at the exact location as the retained tree that has been damaged, cut or removed and may require that any works shall not be located within the drip line of the replacement trees at full growth. PART EIGHT: PREVIOUS BYLAW REPEAL 8.1 Bylaw No. 8014, adopted by Council on December 19, 2005, is hereby repealed. PART NINE: SEVERABILITY AND CITATION 9.1 If any section, subsection, sentence, clause or phrase of this bylaw is for any reason held to be invalid by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this bylaw. 9.2 This Bylaw is cited as "Tree Protection Bylaw No. 8057". Bylaw 8057 Page 24 8253581 PART TEN: FEES BYLAW 10.1 The Fees Consolidated Fees Bylaw No. 8636, as may be amended from time to time, applies to this bylaw. Bylaw 8057 Page 25 8253581 SCHEDULE A to BYLAW NO. 8057 REPLACEMENT TREE REQUIREMENTS Where replacement trees are required to be provided pursuant to this bylaw, such replacement trees shall be provided and planted as follows: 1) Subject to Sections 3, 5 and 6 below, for tree cutting or removals not related to rezoning, development permit, subdivision, or works on parcels containing a one-family dwelling, such replacement trees shall be provided at a ratio of 1:1 and planted as follows: a) deciduous replacement trees shall be a minimum of 6 cm caliper* or a minimum 3.5 m in height, and b) coniferous replacement trees shall be a minimum of 3.5 m in height. 2) Subject to Sections 3, 5 and 6 below, for tree cutting or removals on all parcels other than those described in Section 1 above for permits related to rezoning, development permit, subdivision, or works, such replacement trees shall be provided at a ratio of 2:1 and planted as follows: a) every deciduous replacement tree shall be a minimum of 8 cm caliper or a minimum of 4 m in height, and b) every coniferous replacement tree shall be a minimum of 4 m in height. 3) Subject to Sections 4 and 5 below and notwithstanding Sections 1 and 2 above, on all parcels where the permit relates to the cutting or removal of a significant tree, the replacement trees shall be provided at a ratio of 3:1 and planted in compliance with the type and size requirements in Section 1 or 2 above, as applicable. 4) On all parcels where replacement trees are to be provided as compensation for a significant tree that is damaged, cut or removed other than pursuant to a permit issued under this bylaw, the replacement trees shall be provided at a ratio of 3:1 and planted as follows: a) one replacement tree for each such significant tree shall be: i) if a deciduous replacement tree, a minimum of 24 cm caliper or a minimum of 8 m in height, and ii) if a coniferous replacement tree, a minimum of 8 m in height; and b) every other replacement tree shall be planted in compliance with the type and size requirements in Section 1 or 2 above, as applicable. Bylaw 8057 Page 26 8253581 5) Every replacement tree shall be spaced from existing trees and other replacement trees in accordance with an approved tree management plan or landscape plan and in all cases shall be planted in accordance with the current BCSLA (British Columbia Society of landscape architects) or BCLNA (British Columbia Landscape & Nursery Association) Landscape Standards, and all replacement trees shall meet current BCSLA or BCLNA standards. 6) Notwithstanding the foregoing, the Director may, at their discretion, require larger replacement trees than those set out in Sections 1, 2, 3 and 4 above in this Schedule. Bylaw 8057 Page 27 8253581 SCHEDULE B to BYLAW NO. 8057 Those areas outlined in bold on the plan shown below are designated as tree retention areas under this bylaw. Bylaw 8057 Page 28 8253581 SCHEDULE C to BYLAW NO. 8057 NOTICE OF NON-COMPLIANCE and STOP WORK ORDER YOU ARE HEREBY NOTIFIED that the City of Richmond considers activity on this property to be in breach of its Tree Protection Bylaw Number 8057, AND ALL PERSONS SHALL IMMEDIATELY CEASE the following activity on this property: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ________________________________________________ EVERY PERSON WHO FAILS TO COMPLY WITH THIS ORDER MAY, UPON CONVICTION FOR AN OFFENCE AGAINST THE SAID BYLAW, BE LIABLE TO A PENALTY AS STIPULATED IN THE BYLAW. Persons affected by this Order may seek further information at the Building Approvals Department, Richmond City Hall, 6911 No. 3 Road, Richmond, British Columbia V6Y 2C1. ________________________________________________________________________ ADDRESS of PROPERTY ________________________________________________________________________ DATE DIRECTOR NO PERSON MAY REMOVE REVERSE, ALTER, DEFACE, COVER, REMOVE OR IN ANY WAY TAMPER WITH THIS NOTICE WITHOUT AUTHORIZATION BY THE CITY OF RICHMOND. Bylaw 8057 Page 29 8253581 SCHEDULE D to BYLAW NO. 8057 ORDER TO REMOVE ADDRESS OF PROPERTY DATE NAME OF OWNER(S) YOU ARE HEREBY NOTIFIED that the City of Richmond considers the tree described below as a hazardous or standing dead tree: Hazardous or Standing Dead Tree: AND pursuant to Tree Protection Bylaw Number 8057, YOU ARE HEREBY ORDERED to: 1) Apply to the City for a permit to remove the tree; and 2) After receiving the required permit, to remove the hazardous or dead standing tree. BEFORE _________________, 20____. EVERY PERSON WHO FAILS TO COMPLY WITH THIS ORDER TO REMOVE MAY, UPON CONVICTION FOR AN OFFENCE AGAINST THE SAID BYLAW, BE LIABLE TO A PENALTY AS STIPULATED IN THE BYLAW. _______________________________________________________________ DIRECTOR Persons affected by this Order to Remove may seek further information at the Building Approvals Department, Richmond City Hall, 6911 No. 3 Road, Richmond, British Columbia V6Y 2C1. NO PERSON MAY REMOVE REVERSE, ALTER, DEFACE, COVER, REMOVE OR IN ANY WAY TAMPER WITH THIS ORDER WITHOUT AUTHORIZATION BY THE CITY OF RICHMOND. Bylaw 8057 Page 30 8253581 SCHEDULE E to BYLAW NO. 8057