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THE CORPORATION OF THE CITYOF ROSSLAND
BYLAWNO. 2769
A BYLAWTO REGULATEAND PROHIBIT THE CUTTING DOWN, DAMAGING AND REMOVAL OF TREES.
WHEREASthe Community Charter authorizes Council to enact
bylaws to preserve
and protect
Trees within the City, and to prohibit and regulate their cutting down and removal, and to
require their replacement;
AND WHEREASthe Council ofthe
City of Rossland considers it in the public interest to
provide for the protection,
preservation,
regulation and replacement
of Trees within the
municipality;
THEREFOREthe Council of the City of Rossland, in open meeting assembled, enacts
the
following:
1.
CITATION
1.
This Bylaw may be cited for all purposes
as "City of Rossland Tree Management
Bylaw
No. 2769, 2021".
2.
DEFINITIONS
1.
In this Bylaw:
"App|icant"
means the Owner of a Parcel of land or a person authorized by the Owner to make
application under this Bylaw.
"Bylaw Enforcement
Officer" means a person or persons appointed from time to time by
resolution of the City Council pursuant
to Section 36 of the Police Act, to enforce regulatory
bylaws of the municipality.
"Certified Tree Risk Assessor" means a Certified Arborist with additional current
training and
certification in tree risk assessment
as determined
by the International Society of Arboriculture.
"City" means the Corporation
of the City of Rossland.
"Counci|"
means the City Council of Rossland.
"Development
Approval" includes the approval of a rezoning, a subdivision, the issuance of a
development
permit, temporary
use, highway access or building permit.
"Development
Period" means the time between adoption ofthis Bylaw and the completion of
all buildings, works and services that are the subject of a Development
Approval granted after
the enactment
of this Bylaw for a Parcel subject to this Bylaw.
Tree Management
Bylaw No. 2769, 2021
Page 1 of'l1
"Diameter" means the diameter of the trunk of a Tree, measured 1.3 metres
above the average
level of the undisturbed grade at the base of the Tree.
"Drip Line" means a line around a Tree formed by the intersection
of the ground and a vertical
line extending down from tips of the outermost
branches of the Tree.
"Hazard Tree" means a tree identified in writing by a Certified Tree RiskAssessor
as having
defects sufficient to significantly increase the likelihood that all or part of the Tree willfall
resulting in a risk of personal injury or property
damage.
"Manager"
means the person appointed by the City as the Manager
of Planning and
Development Services and includes any employee of the City directed by the Manager
to
undertake any of the Manager's
responsibilities under this Bylaw.
"Owner" means the registered owner in fee simple of a Parcel of land.
"Occupancy
Permit" means a permit to occupy a residential structure
issued pursuant
to the City of Rossland Building Bylaw No.2716, 2019.
"Permit" means a permit issued by the Manager
under authority of this bylaw.
"Ravine Setback" means any land within 6 metres
ofthe
top of the banks of any ravine formed
by a creek, stream
or other watercourse.
"Replacement
Tree" means a Tree required to be planted in accordance with this Bylaw.
"Retained Tree" means a Tree identified in a Tree Management
Permit as a Tree that is not to
be cut, removed or damaged.
"Significant Tree" means a Tree identified by the Council as significant because of its
importance
to the community,
including importance
for heritage or landmark value, or
identified as significant by a Certified Arborist as wildlife habitat.
"Sound Arboricultural Practice" means in accordance with American National Standards
Institute (ANSI)Publication, A300-Tree Care Operations and the companion
Best Management
Practices Series of the International Society of Arboriculture (ISA);
"Tree" means a woody perennial plant having a single trunk or stem which has a diameter of at
least 20 centimetres
(8 inches) when measured at a height of 1.4 metres
above the undisturbed
grade of the land where the Tree is located;
"Tree Protection Fence" means a sturdy protection
barrier or temporary
fence at least 1.2
metres
in height, installed around the Drip Line of a Retained Tree.
Tree Management
Bylaw No. 2769, 2021
Page2of11
"Qualified Professional"
means a person in good standing with a legislated self-regulating
association
in British Columbia who is acting within the individua|'s
area of expertise
as a
professional
Biologist, Agrologist, Arborist or Forester.
2.
All references
in this Bylaw to enactments
include references
to those enactments
as they
may, from time to time, be amended or repealed and replaced.
3.
APPLICATION
1.
Unless otherwise exempted
by this Bylaw, this Bylaw applies to all lands within the
boundaries of the City of Rossland.
4.
PROHIBITIONS
1.
Unless specifically exempted
under this bylaw, a person must not:
a)
Cut or remove
any Tree or Replacement Tree, or cause the death of any Tree or
Replacement Tree, except
pursuant
to and in accordance with the terms
of a valid and
subsisting Permit;
b)
cause any damage to any Tree or Replacement
Tree including by:
i. cutting or damaging the roots
of a Tree inside its drip line;
ii. undermining the structure
or roots of a Tree inside its drip line.
c)
Falsify or otherwise misrepresent
information on an application for a Permit;
d) Alter a Permit;
e)
Remove, alter, conceal, or otherwise interfere with a Stop Work Order;
f)
Fail to comply with the terms, conditions, restrictions
or requirements
of this Bylaw, or a
Permit;
5.
EXEMPTIONS
1.
A Permit is not required to cut or remove a Tree in the following circumstances:
a)
from a Parcel that is 930 sq. m. (10,000 square feet) in size or less that is and zoned for
residential use, and upon which a residential dwelling is situated exists, unless the Tree
proposed
to be cut or removed
is:
i. a Significant Tree;
ii. on a slope where the grade of the slope at the location of the tree
is greater
than
20 percent;
iii.within 10 meters
of a Knotweed [Fallopiajaponica] plant;
iv. a Replacement Tree,
Tree Management
Bylaw No. 2769, 2021
Page3of11
b) that must be removed in order to permit the construction
and safe occupancy
of
buildings authorized by a building permit.
c)
that must be removed for the installation of roads, driveways, or utility services shown
on drawings that have received construction
approval by the City in respect
of a building
permit, highway access permit, or subdivision approval.
d)
as necessary
for the purposes
of a farm operation
as that is defined in the Farm
Practices Protection
(Right to Farm) Act;
e)
pursuant
to works undertaken
by or for the City;
f)
by a utility under the Utilities Commission Act, a utility owned or operated
by the
Province of British Columbia, or a federally regulated utility, but only where that cutting
or removal is done for the purpose
of safety, maintenance
or operation
of the utility's
infrastructure;
g) that has been severely damaged by natural causes and poses an imminent
danger of
injuring a person or property;
h) That is a Hazard Tree.
i)
that comes within the scope of section 21 of the Private Managed Forest Land Act;
j)
that is subject to a tree farm license, permit or other authority
or tenure
under the
ForestAct.
k) That is on a golf course provided that the Tree is subject to a Golf Course Management
Plan approved by the City.
I)
That is on Skiterrain provided that the SkiTerrain is subject to of Resort Master Plan
approved by the City and within in bounds territory
area of skiing.
m) That is in an area identified for wildfire hazard reduction in a City approved Fuel
Management
Prescription or a City approved Firesmart Plan.
6. TREE MANAGEMENT PERMIT
1. An application for a Permit in relation to a phased development
shall only for one phase of
the development.
2.
Not withstanding
any other provision of this bylaw, the terms
granting a permit shall provide
that:
Tree Management
Bylaw No. 2769, 2021
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a)
on parcels five (5) hectares or less, no more than 10% of the total trees
on the parcel
will be harvested in any one year and cumulatively no more than 50% of the trees
over a 10-year period;
b)
on parcels over five (5) hectares, no more than 5% of the total trees
on the parcel
will be harvested in any one year and cumulatively no more than 50% of the trees
over a 10-year period;
Application Requirements
3.
Every application for a Permit shall be made in writing to the Manager
using a form that
may be provided by the City and shall include:
a)
a non--refundab|e
application fee in the amount
as by the City's Fees and Charges By/aw.
b) the following documents, plans and information relating to the proposed
tree cutting or
removal:
(i) a plan drawn to approximate
scale identifying:
A. the boundaries of the Parcel;
B. all Highways that abut the Parcel from which the Tree is to be cut or removed;
C. the location of all existing buildings and structures
on the Parcel;
D. the location, species and diameter of each Tree on the Parcel to be cut or
removed;
E. the location, species and diameter of each Tree on the Parcel to be retained;
F. the location, species and diameter of each Replacement Tree;
G. a survey showing the topography
of the Parcel in 1 meter
vertical increments
and the location of any hydrographic features on the Parcel;
(iii)the civic address, if available, and legal description of the Parcel;
(iv) the consent
in writing ofthe
Owner of the Parcel, if different from the Applicant,
authorizing the Applicant to act as the Owner's agent;
(v) the methods proposed for control of drainage and erosion impacts during and after
the cutting or removal of the Tree;
(vi) the proposed methods for disposal of woodwaste and other debris;
(vii)the proposed methods of noise and dust control during the Tree cutting or removal
operation;
(viii)the proposed
commencement
and completion dates for Tree cutting or removal;
(ix) where the site of the Tree cutting or removal is on a Parcel adjacent to or that
contains any part of a watercourse,
a survey plan prepared
by a BCLand Surveyor or
professional
engineer showing the top-of--bank of such watercourse;
(x) where the Tree cutting or removal is for a Hazard Tree, a report
prepared by a
Certified Tree RiskAssessor certifying that the Tree has 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.
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4.
Notwithstanding
the requirements
set out in section 6.3(b), if requested
by the Manager,
the Applicant shall provide a report
prepared
by a professional
engineer,
professional
biologist or Certified Tree RiskAssessor Arborist with experience
in, as the circumstances
require, geotechnical
engineering,
hydrology or tree
management,
certifying that the
proposed cutting or removal of the Tree will not result in flooding, erosion, land slip or
contamination
of a watercourse.
Protection
of Retained Trees
5.
Prior to any alteration of a Parcel, including the construction,
demolition, excavation, or
installation of works and services, the Owner of a Parcel must install a Tree Protection
Fence around all Retained Trees at such locations and in such a manner
as to ensure that
the Retained Trees are not damaged by the cutting or removal.
6.
The Tree Protection
Fence must be constructed
prior to the issuance of the Permit.
7.
Every Owner of a Parcel where a Tree Protection
Fence is installed must ensure that the
Tree Protection
Fence:
a) is maintained in good condition throughout
the Development Period;
b) remains in place until the end of the Development
Period, unless the Manager
is
satisfied that the Tree Protection
Fence is no longer necessary
and has authorized, in
writing, its removal.
Replacement Trees
8.
Except as may be provided by section 5 of this Bylaw, the Owner of a Parcel shall, plant on
the Parcel from which a Tree is cut or removed two (2) Replacement Trees for each Tree
that is cut or removed from the Parcel, in accordance with the following:
a) The Replacement Tree shall be planted within 12 months ofthe
cutting down or
removal of the Tree;
b)
Ifconiferous, the Replacement Tree shall have a minimum height of 1.5 metres
measured from the ground;
c)
Ifdeciduous, the Replacement Tree shall have a minimum diameter of 7
centimetres,
measured
at the base of the Tree;
d) The drip line of each Replacement Tree must be at least 2.5 metres
away from any
other Tree, structure,
Highway, or utility;
e)
every Replacement Tree shall be planted in accordance with the current
BCSLA
(British Columbia Society of landscape architects)
or BCLNA(British Columbia
Landscape & Nursery Association) Landscape Standards;
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Bylaw No. 2769, 2021
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f)
Replacement Trees shall meet
current
BCSLAor BCLNAstandards related to choice
of species;
9.
Replacement trees shall be maintained in accordance with Sound Arboricultural Practices
to the satisfaction of the Manager
for 12 months after the Replacement Tree has been
planted.
10. A Replacement Tree is not required ifthe Tree that has been cut or removed is a Hazard
Tree.
11. An Applicant for a Permit must provide to the Manager
a Tree Replacement Plan specifying
the proposed number, location, species and size of Replacement Trees and a proposed
maintenance
regime. If a Tree Replacement Plan will be for more than ten Replacement
Trees, the Tree Replacement
Plan must be prepared
by a Qualified Professional.
12. In the case of any Replacement Tree that is not alive 12 months after being planted, the
Owner shall replace the Replacement
Tree with a new Replacement Tree in accordance
with this bylaw.
13. Upon completion of the planting of a Replacement Tree, the Owner must confirm, or ifthe
number of Replacement Trees is greater
than ten, have a Qualified Professional certify, to
the Manager
in a form approved by the Manager,
that the Replacement Tree or Trees, as
the case may be, has been provided in accordance with this bylaw.
14. At the request
of an owner, as an alternative to providing a Replacement Tree, the
Manager
may do one of the following:
a)
Approve
payment
to the City of $300 for each Replacement Tree that is not planted,
with those funds to be placed into the City's Climate Action Reserve Bylaw No. 2737,
2020. Ifsuch payment
is approved and paid, the Owner is not obligated to provide
security or directly carry out the work for which the payment
is made.
b)
Require that the Replacement Tree be planted by the City on City owned property
in
a location designated
by the Manager.
Tree Cutting and Removal
15. On receiving a complete application, along with full payment
of applicable fees, the
Manager
may issue a Permit for the cutting or removal of Trees, or both, and may attach
any terms, conditions, restrictions, and requirements
to the permit as considered
necessary
or advisable for ensuring continuing compliance with this Bylaw, including but
not limited to:
(a) sequence
and timing of Tree Removal to avoid or mitigate impacts, including but not
limited to timelines for completion of the works identified in the permit;
Tree Management
Bylaw No. 2769, 2021
Page 7 of 11
(b) co-ordination of geotechnical recommendations
by a Qualified Environmental
Professional or Professional Engineer;
(c) frequency
of onsite monitoring
of works and associated inspection
reports
undertaken
by a Qualified Professional and submitted
to the Manager;
(d) requirements
to mitigate impacts to bird nesting;
(e) requirements
for notice and for an onsite meeting
prior to works commencing;
(f) requirements
to uphold erosion and sediment control and Tree protection,
and
g) require Replacement Trees as required by the bylaw.
16. Upon issuance, the holder of a Permit must promptly display a copy of the Permit on the
subject Parcel in a location where it can be readily observed from an adjacent
Highway or
other place specified by the Manager.
17. The Manager
may refuse, suspend, or cancel a Permit if:
a) the application is in contravention
with this Bylaw, another bylaw of the City; a
Provincial Act or Regulation or a Federal Act;
b) the cutting or removal would create
a hazard to any adjacent
property
or other Tree
in the vicinity; or
c) the Manager
is not satisfied that the standards and requirements
of this Bylaw or the
Permit are being met.
7. MAINTAINANCE AND SECURITYFOR TREEMANAGEMENT PERMITS
1. Where any Replacement Tree is required as a condition of a Permit, the Applicant must
provide to the City a security deposit, which:
a)
must be in the form of a cash deposit or an automatically
renewable, irrevocable letter
of credit drawn upon a chartered bank in the form acceptable to the City;
b)
must be in the amount
of $300 for each Replacement Tree.
2.
The funds held in the security deposit may be used by the City to recover the cost to the
City of any damage to improvements
or works owned or held by the City that have been
damaged by a person acting under or in connection
with the Permit. Where the security
deposit is drawn upon, the Owner or Applicant must, within 3 days of being notified,
replenish the security deposit to the amount
required in section 7.1.
3.
if the Owner fails to plant the required number, size and type of Replacement Trees in the
specified locations within one year after receiving written direction from the Manager
to
Tree Management
Bylaw No. 2769, 2021
Page8of11
do so, or after a planting date as otherwise agreed upon, the City may deposit the
securities
in the Climate Action Reserve Fund.
8. ADMINISTRATION
General
1.
The Manager
is responsible for the administration of this bylaw.
2.
In reaching a decision under this bylaw, the Manager
may retain the services of an
independent
Qualified Professional, at the cost ofthe Applicant, to review any
report
provided by the Applicant . The Manager
may rely on either report
in determining whether
to issue, refuse, suspend, revoke, or cancel a Permit, and in determining any conditions,
restrictions
and requirements
to be imposed as a condition of issuing a Permit.
Inspection
and Enforcement
3.
The Manager
and Bylaw Enforcement Officer are authorized to enforce this Bylaw and for
that purpose,
to enter
onto real property
in accordance with the Community Charter.
4.
When an application for a Permit is made under this Bylaw, the Manager and Bylaw
Enforcement Officer may inspect or cause an inspection
to be made of any Tree and the
Parcel on which a Tree is located to assess the location, size, condition and species of the
Tree.
5.
The Manager
and the Bylaw Enforcement Officer may enter
at all reasonable times on any
Parcel that is subject to this Bylaw to ascertain whether the provisions of this Bylaw are
being observed.
6.
If a person has caused or allowed a Tree or Replacement
Tree to be cut, damaged or
removed in contravention
of this Bylaw or contrary
to a Permit, or if the information
supplied by an Applicant is inaccurate, incomplete or erroneous,
without limiting other
enforcement
action under this Bylaw, the Manager
may:
a)
issue a notice of violation of this Bylaw or the Permit;
b) issue and post at the parcel a Stop Work Order.
Ifa Stop Work order is issued a
person
must stop all activities related to the Tree cutting or removal immediately.
Expiry
7.
A Permit application is valid for 6 months from date of application. If required information
for the Permit application has not been submitted within 6 months, the application will be
closed.
8.
A Permit shall be valid for a period of 12 months from the date of issue.
Tree Management
Bylaw No. 2769, 2021
Page9of11
Reconsideration
9.
Ifa decision is made by the Manager
to refuse, suspend, revoke or cance|_a Permit, the
Owner or Applicant may ask Council to reconsider the decision.
10. All requests
for reconsideration under section 8, shall be made in writing and delivered to
11.
10
the Chief Administrative Officer within thirty (30) days of an Owner or Applicant receiving
notice of the decision.
Council may confirm, set aside or modify the decision of the Manager.
9. OFFENCESAND PENALTIES
Any person who contravenes
or violates any provision of this bylaw or of any Permit, or
who suffers or allows any act or thing to be done in contravention
or violation of this bylaw
or any Permit, or who fails or neglects to do anything required to be done under this bylaw
or any Permit, commits an offence.
Where an offence is a continuing
one, each day that the offence is continued shall
constitute
a separate
offence.
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, a
separate
offence is committed in respect
of each such Tree.
Any Person who causes, permits or allows anything to be done in contravention
or violation
of this Bylaw, or who neglects or fails to do anything required to be done pursuant
to this
Bylaw, commits an offence against this Bylaw and is liable upon summary
conviction to pay
a fine of not more than $50,000, plus the costs of prosecution,
and any other penalty or
remedy available under the Community
Charter and Offence Act.
This Bylaw may be enforced by bylaw notice pursuant
to the Bylaw Notice Enforcement
Bylaw No. 2749, 2021, as amendedor replaced.
. REPEAL
1.
City of RosslandTree Retention
By|awNo. 2389, 2008 and any of its amendments
are hereby repealed.
11. SEVERABILITY
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, the invalid
portion shall be severed and the part that is invalid shall not affect the validity of
theremainder.
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Bylaw No. 2769, 2021
Page 10 of11
12.ENACTMENT
1.
This Bylaw shall come into force and effect upon adoption of this bylaw.
READA FIRSTTIME
this 7th day of September
2021
READA SECONDTIME
this 7th day of September
2021
READA THIRDTIME
this 7th day of September
2021
FINALYADOPTED
this 20th day of September
2021
//\/"i
Mayor
A
Chief Administrative Officer/
Kathy Moore
Corporate
Officer
Bryan Teasdale
Tree Management
Bylaw No. 2769, 2021
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