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TOWN OF SIDNEY
BYLAW NO. 2138
(CONSOLIDATED)
Amendment Bylaws incorporated as listed at the end of the document.
A BYLAW TO REGULATE THE PRESERVATION OF TREES
WHEREAS Part 2, Division 1, Section 8(3) of the Community Charter authorizes the Town of Sidney
to, by bylaw, regulate, prohibit and impose requirements in relation to trees;
AND WHEREAS The Council considers it in the public interest to provide for the protection and
preservation of trees, the regulation of their cutting down and removal and their replacement;
NOW THEREFORE the Council of the Town of Sidney in open meeting assembled hereby enacts
as follows:
This Bylaw is divided into the following parts relating to the following subjects:
Index:
1.
Citation of Bylaw
2.
Severability
3.
Definitions
4.
Application of this Bylaw
5.
Measurements Applicable to this Bylaw
6.
General Prohibitions
7.
Emergency Removal of Trees
8.
Removal of Hazardous Trees or branches
9.
Tree Protection During Development
10.
Replacement Trees
11.
Tree Permits, Fees and Deposits
12.
Administration and Enforcement
13.
Appeals
14.
Repeal
Schedules:
Schedule "A"
Tree Protection Fencing
Schedule "B"
Tree Planting and Maintenance Guidelines
1.
CITATION
This Bylaw may be cited for all purposes as "Tree Preservation Bylaw No. 2138".
2.
SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Bylaw is for any reason found
invalid by the decision of any court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this Bylaw.
Tree Preservation Bylaw No. 2138 Page 2
3.
DEFINITIONS
In this Bylaw, the following terms have the following definitions:
Certified Arborist means a person certified as an arborist by the American Society of
Consulting Arborists or the International Society of Arboriculture.
Crown means the entire system of branches, leaves and reproductive structures of a Tree
extending away from the trunk or main stem(s), measured from the lowest branch
Cut means to cut all or any part of a Protected Tree by any means and includes to pull up,
push or pull over or otherwise fall a Protected Tree and, for certainty, to Prune a Protected
Tree.
Development Permit means a permit issued by the Town under section 490 of the Local
Government Act.
Diameter, subject to section 5, shall mean, as the context requires:
i.
the diameter of any Protected Tree, measured at 1.4m above the ground
surface;
ii.
the diameter of any branches Pruned;
iii.
the diameter of any cut made unlawfully;
iv.
the diameter of any Pruning made pursuant to a Tree Permit.
Director means the person appointed by Council of the Town as the Director of Engineering
or their designate.
Drip Line means the line on the ground surface described by the vertical projection down
from the tip of the outermost branches of a Tree to the ground.
Hedge means five or more trees or shrubs all planted less than 1.25 metres apart and planted
in a row
Lot means any lot, block or other area in which land is held or into which it is subdivided, but
does not include a highway
Protected Species means Douglas-fir (Pseudotssuga menziesii), Bigleaf Maple (Acer
macrophyllum), Grand Fir (Abies grandis) and Western Redcedar (Thuja plicata) trees with
a height of 1.2 metres or more, and Arbutus (Arbutus menziesii), Cascara (Rhamnus
purshiana), Garry Oak (Quercus garryana), Pacific Dogwood (Cornus nuttallii), Seaside
Juniper (Juniperus maritima), Shore Pine (Pinus contorta var. contorta) and Western Yew
(Taxus brevifolia) Trees with a Diameter of 3 cm or more.
Protected Tree means a Tree that is any of the following:
i.
a Protected Species;
ii.
a Replacement Tree;
iii.
required to be planted or retained under a Development Permit;
iv.
within an area designated in the Town's Official Community Plan as a
development permit area for the protection of the natural environment, its
ecosystems and biological diversity under section 488 of the Local
Government Act;
v.
on a highway, park or other Town owned or occupied lands;
vi.
having a Diameter greater than 60cm;
Tree Preservation Bylaw No. 2138 Page 3
Protected Root Zone means the area of land surrounding the trunk of a Protected Tree
within the Drip Line.
Prune means to Cut or remove any branch, limb, stems or roots of a Protected Tree.
Replacement Tree means a Tree planted or to be planted pursuant to a Tree Permit.
Specimen Quality Tree means a Tree of any size which an arborist, a landscape architect,
or the Director deems to be of exceptional value because of its species, condition, form, age
or size
Town means the Town of Sidney or the area within the boundaries of the Town of Sidney,
as the context requires.
Tree means a living perennial plant with a woody self-supporting main trunk with a diameter
greater than 3cm.
Tree Permit means a permit issued pursuant to this Bylaw.
4.
APPLICATION OF THIS BYLAW
4.1.
This Bylaw applies to all Protected Trees within the Town except as set out in sections 4.2
and 4.3.
4.2.
This Bylaw does not apply to Protected Trees that are altered, Cut, damaged or removed to
ensure airport navigational safety, or pursuant to the Railway Safety Act, S.B.C. 2004, c.8,
the Hydro and Power Authority Act, R.S.B.C. 1996, c.212, or the Oil and Gas Activities Act,
S.B.C. 2008, c. 36.
4.3.
This Bylaw does not apply to Trees on Town-owned property or highways that are Cut or
removed by the Town or its authorized agents.
5.
MEASUREMENTS APPLICABLE TO THIS BYLAW
5.1.
In this Bylaw:
a.
The Diameter of a Protected Tree shall be determined at a point 1.4 metres above the
average ground level at the base of the Tree, by dividing the measurement of the
circumference of the trunk by 3.142.
b.
The Diameter of a Protected Tree having multiple trunks 1.4 metres above the ground
shall be determined by the sum of:
i.
one hundred (100%) percent of the Diameter of the largest trunk; and
ii.
sixty percent (60%) of the Diameter of each additional trunk.
c.
The location of a Protected Tree on a Lot shall be measured from the point at which the
centre of the trunk of the Tree meets the ground.
d.
Measurements of any Cut made unlawfully will be determined by measuring the
Diameter of the butt of the Cut.
6.
GENERAL PROHIBITIONS
6.1.
No person shall Cut, remove or damage any Protected Tree, or allow any Protected Tree to
be Cut, removed or damaged, except where permitted by and carried out in accordance with
this Bylaw.
6.2.
Without limiting section 6.1, no person shall Prune any Protected Tree or allow any Protected
Tree to be Pruned, except where permitted by and carried out in accordance with this Bylaw.
Tree Preservation Bylaw No. 2138 Page 4
6.3.
Notwithstanding section 6.1 and 6.2 but subject to section 6.4, a person may Prune, in a
manner consistent with the standards of arboriculture practice set by the International Society
of Arboriculture or the American Society of Consulting Arborists, up to 20% of Crown of a
Protected Tree during a season for the purpose of maintaining or improving the health of the
Tree.
6.4.
No person shall Prune, or allow to be Pruned, any branch, limb, stem or root of a Protected
Tree where the branch, limb, stem or root is:
a.
over 5 cm in Diameter; or
b.
over 2.5 cm in Diameter for the species Arbutus (Arbutus menziesii), Dogwood (Cornus
nuttallii), and Garry Oak (Quercus garryana);
unless the person holds a valid Tree Permit for the Pruning.
6.5.
Without limiting section 6.1, no person shall do or permit to be done any of the following:
a.
Cut or damage the roots of a Protected Tree growing inside the Protected Root Zone;
b.
place fill, building materials, asphalt or any building or other structure, or store or
stockpile of organic material, within the Protected Root Zone of a Protected Tree;
c.
operate a truck, backhoe, excavator or other heavy equipment inside the Protected Root
Zone;
d.
dent, gouge or damage the trunk of a Protected Tree;
e.
remove bark from a Protected Tree;
f.
deposit concrete washout or other liquid or chemical substances harmful to the health of
a Protected Tree within the Protected Root Zone of a Protected Tree;
g.
remove soil from the Protected Root Zone of a Protected Tree;
h.
blast within the Protected Root Zone of a Protected Tree;
i.
blast outside the Protected Root Zone of a Protected Tree in a manner that causes
damage Tree roots or disturbs soil inside the Protected Root Zone of a Protected Tree;
or
j.
undermine the roots of a Protected Tree.
7.
EMERGENCY REMOVAL OF TREES
In the event that a Protected Tree or any part thereof is in imminent danger of falling and
injuring persons or property and it is not reasonably possible to obtain a Tree Permit prior to
the Tree or any part thereof falling, a person may Cut or Prune the Tree without a Tree Permit
but shall retroactively apply for a Tree Permit within the next business day. No person shall
remove a Protected Tree or any parts of a Protected Tree that have been Cut under this
section from the Lot until a Town employee has attended the Lot and confirmed that the Tree
or any part thereof was in imminent danger of falling and injuring persons or property. The
Tree Permit fee may be waived and the number of required Replacement Trees reduced, at
the discretion of the Director.
8.
REMOVAL OF HAZARDOUS TREES OR BRANCHES
8.1.
The Director may, by providing written notice to such person, require that an owner or
occupier of a Lot trim, remove, or Cut any Trees, hedges, bushes or shrubs on the Lot that
the Director considers to be:
a.
a hazard to the safety of persons on public land;
b.
likely to damage public property; or
c.
a serious inconvenience to the public.
8.2
If the Director requires, by providing notice to such person, that an owner or occupier of a Lot
trim or remove a hazardous Protected Tree, the Director may waive or reduce the Tree Permit
fee and the Replacement Tree requirement.
Tree Preservation Bylaw No. 2138 Page 5
8.3
An applicant who applies for a Tree Permit to remove a Protected Tree which is deemed to
be structurally unsound may request to have their Tree Permit fee waived and the number of
required Replacement Trees reduced, at the discretion of the Director.
8.4
An applicant who applies for a Tree Permit to remove a Protected Tree that is protected only
as part of a Development Permit and not by size or species, may request to have their Tree
Permit fee waived and the number of required Replacement Trees reduced, at the discretion
of the Director.
9.
TREE PROTECTION DURING DEVELOPMENT
9.1.
The Director may recommend to council in connection with a proposed Development Permit
one or more of the following:
a.
that the Development Permit applicant engage a Certified Arborist to prepare a Tree
protection and retention strategy for a Protected Tree or Protected Trees;
b.
that Tree protection fencing be installed in accordance with Schedule 'A' of this Bylaw;
c.
that a Certified Arborist be present during all excavation work under the Development
Permit;
d.
that any proposed structures be relocated if the proposed siting interferes with a
Protected Tree or Protected Trees;
e.
that any proposed driveways or drive aisles be relocated if the proposed siting interferes
with a Protected Tree or Protected Trees; or
f.
Replacement Trees be planted if a Protected Tree or Protected Trees is/are to be
removed
9.2.
Where retention of existing trees, on the property or within four (4) metres of the property, is
required as a condition of subdivision application, development permit, development variance
permit, building permit, demolition permit, or zoning amendment, the owner or person
responsible for the tree retention shall provide to the Town a security deposit in cash or letter
of credit in the amount specified in Section 11.10 of this bylaw. No more than one security
deposit per tree shall be held by the Town at any given time
10.
REPLACEMENT TREES
10.1
Every person who Cuts, removes, or damages or suffers or permits the Cutting, removal or
damage of a Protected Tree, (whether allowed by this bylaw or in contravention of this bylaw)
which results in the death of that Protected Tree shall at that person's expense plant the
required number or Replacement Trees as specified in the "Protected Tree Replacement
Ratio" table included below:
Protected Tree
Size of Tree to be
Removed
Required Number
of Replacement
Trees
Garry Oak, Arbutus,
Pacific Dogwood,
Western Yew,
Seaside Juniper, Cascara,
Shore Pine
<3 cm Diameter
0
3 cm - 20 cm Diameter
1
20 cm - 40 cm Diameter
2
>40 cm Diameter
3
Douglas-fir, Grand Fir,
Western Redcedar,
Bigleaf Maple
<1.2 m tall
0
1.2 m - 6 m tall
1
6 m - 12 m tall
2
>12 m tall
3
Tree Preservation Bylaw No. 2138 Page 6
All other Protected Trees except those forming part of a Hedge
2
All other Protected Trees forming part of a Hedge
1
10.2
When required as a condition of a Tree Permit, the Tree Permit holder shall:
a.
plant all Replacement Trees on the same property as the Trees to be removed and in a
location approved by the Director or as designated by the Director in the Tree Permit; or
b.
if approved by the Director, pay seven hundred fifty dollars ($750) in lieu of each
Replacement Tree, so that the Town may plant a Tree on public lands. Payment in lieu
will only be allowed in cases where, in the judgement of the Director, space or soil
conditions on a Lot do not permit a reasonable chance of replacement tree survival.
10.3
All Replacement Trees shall be:
a.
of a species, size and standard prescribed by the Director in the Tree Permit; and
b.
planted in accordance with Schedule 'B' of this Bylaw and any additional requirements
specified in the Tree Permit.
11.
TREE PERMITS, FEES AND DEPOSITS
11.1. A person wishing to Cut or remove a Protected Tree or Prune a Protected Tree in a manner
other than as specified in section 6.3 of this Bylaw shall apply to the Director for a Tree Permit
by completing and submitting the application form prescribed from time to time by the Director
and including the following with that application:
a.
the address and legal description for the Lot or Lots on which the Protected Trees
proposed to be Cut or removed are located;
b.
if the applicant is not the owner of the Lot on which the Protected Tree proposed to be
Cut or removed is located, the written consent of the owner of that Lot;
c.
where the Protected Tree is a Tree with any part of its trunk crossing a property line, a
letter from the owners of the adjacent Lot consenting to the Cutting or removal of the
Tree, together with current contact information for each of those owners; and
d.
any other information, reports, plans and documents required by the Director pursuant
to this Bylaw.
11.2. The Director may require that all or any of the following be included as part of an application
for a Tree Permit:
a.
that the Protected Trees on the parcel be tagged with ribbon indicating the Tree(s)
covered by the application;
b.
a detailed report from a Certified Arborist in support the application, including, if the Tree
Permit is for Pruning of a branch, limb stem or root specified in section 6.4, confirmation
from the Certified Arborist that the proposed Pruning is for the purpose of maintaining or
improving the health of the Tree;
c.
the species, condition, location and Diameter of the Tree(s) to be removed or Cut, be
submitted on a scaled drawing prepared by a registered land surveyor;
d.
the location of any proposed construction and/or excavation activities on the Lot, be
submitted on a scaled drawing prepared by a registered land surveyor;
e.
a Tree retention plan, prepared by a Certified Arborist;
f.
a Tree protection plan, prepared by a Certified Arborist;
g.
a Tree replacement plan, prepared by a Certified Arborist;
h.
where the hazard of tree is being assessed, the opinion of a Certified Arborist with the
ISA Tree Risk Assessment Qualification may be required;
i.
the reason why the Tree(s) is/are to be removed or Pruned;
j.
a report from a Qualified Professional, as defined in Section 55 of the Community
Charter.
Tree Preservation Bylaw No. 2138 Page 7
11.3. The Director may impose any of the following conditions in a Tree Permit:
a.
that one or more Replacement Trees be planted in accordance with section 10 of this
Bylaw;
b.
other conditions dealing with the extent, timing and phasing of Tree Cutting, removal and
replacement.
11.4. If, in the Director's opinion, an activity proposed to be undertaken under an application for a
Tree Permit is likely to endanger the health or life of a Protected Tree, the Director may:
a.
refuse to issue the Tree Permit; or
b.
impose Tree Permit conditions for the purposes of preserving the health or life of or
otherwise protecting a Protected Tree.
11.5. In connection with an application for a Tree Permit, the Director may obtain and consider one
or more reports from Certified Arborists retained or employed by the Town.
11.6. A Tree Permit shall, for the purpose of permitting the Tree Cutting or removal contemplated
by the Tree Permit, be valid for two (2) calendar months from the date of issuance.
11.7. Before a Tree Permit is issued, the applicant shall pay to the Town the following non-
refundable fees, as applicable to the Tree Permit:
a.
To Cut (other than Prune) or remove first Protected Tree
$250
b.
To Cut (other than Prune) or remove each additional Tree
$50/Tree
c.
To Prune, other than as specified in section 6.3 of this Bylaw, first Protected Tree
$50
d.
To Prune, other than as specified in section 6.3 of this Bylaw, each additional Protected
Tree
$10/Tree.
11.8. Before a Tree Permit is issued, the applicant shall pay to the Town a security deposit, in the
form of cash or a letter of credit, in the amount of seven hundred fifty dollars ($750) for every
Replacement Tree required pursuant to the Tree Permit.
11.9. The security deposit provided to the Town for Replacement Trees under a Tree Permit will
be released upon the Town's Certified Arborist determining that all Replacement Trees
required under the Tree Permit have been planted and maintained for a period of at least 2
years and are healthy and established.
11.10. The amount of security for the trees proposed to be retained as a requirement of a subdivision
application, development permit, development variance permit, building permit, demolition
permit, or zoning amendment shall be as follows:
a. Ten thousand ($10,000) dollars per Specimen Quality Tree;
b. Five thousand ($5,000) dollars per tree located partially or wholly within property owned
or occupied by the Town other than a Specimen Quality Tree;
c. Three thousand ($3,000) dollars per Protected Tree other than those described in
11.10(a) and 11.10(b) above;
d. The total amount of security required under this Section may not exceed fifteen thousand
($15,000) dollars for up to four dwelling units on an existing lot of record where only a
building permit is required; and
e. The total amount of security deposited under this Section may not exceed one hundred
and fifty thousand ($150,000) dollars for each subdivision, development permit,
development variance permit or zoning amendment application.
Tree Preservation Bylaw No. 2138 Page 8
An applicant may choose to get a third-party appraisal of each tree to be retained, and in that
case, the appraised value could be used as the amount of security.
11.11. The security provided to the Town under Section 11.10 for retained trees will be held by the
Town until such time that it has been inspected by the Director and confirmed that they have
not been damaged during construction. An inspection can be requested by the applicant if at
least one of the following conditions are met:
a.
twelve (12) months after a Letter of Acceptance is issued by the Town;
b.
two (2) years after an Occupancy Permit has been issued or Final inspection has been
passed; or
c.
at the discretion of the Director.
If a retained tree is damaged by construction, the applicant may mitigate this damage and
improve the health of the tree at their own cost. If the tree's health has been irreparably
impacted by the construction, the security, or a portion of the security at the discretion of the
Director, provided to the Town under Section 11.10 for that tree will be transferred to a tree
replacement fund.
11.12. Any letter of credit to be provided as a security deposit under this Bylaw shall be a clean,
unconditional and irrevocable letter of credit drawn from a Canadian financial institution
acceptable to the Director and in a form acceptable to the Director and shall specify that in
the event that the Director receives notice that the letter of credit will not be renewed, the
Director may draw down the letter of credit and hold the cash as the security deposit.
11.13. If at any time a Tree Permit holder fails to comply with the requirements of a Tree Permit
relating to planting and maintenance of Replacement Trees, the Town may by its employees
or contractors enter upon the Lot that is the subject of the requirements to plant and maintain
Replacement Trees and fulfill the requirements and the Town may use the security deposit
provided for the Tree Permit to pay the Town's costs and expenses of fulfilling the
requirements. In fulfilling such requirements the Town may:
a.
plant a Replacement Tree that was not planted as required by the Tree Permit in the
same location or a different location from that specified in the Tree Permit; and
b.
where a Replacement Tree is not healthy or established, may re-plant that Tree or plant
another Replacement Tree in the same location or in another location.
In addition, where the Tree Permit holder has planted all required Replacement Trees but
one or more of those Replacement Trees is not healthy and established after 2 years
following planting, the Director may provide the Tree Permit holder with an opportunity to
plant another Replacement Tree for each such failed Replacement Tree by issuing a written
Tree Permit amendment, which shall form part of the Tree Permit.
11.14. The Director shall issue a Tree Permit, in the form prescribed from time to time by the
Director, if:
a.
the Director is satisfied that one or more of the following conditions exists:
i.
the Protected 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 or loss;
ii.
the Protected Tree is located within the footprint of a proposed building or
structure for which the Town has issued a building permit under the Town's
Building Regulations Bylaw No. 2016;
iii.
if the Tree Permit is for Pruning of a branch, limb stem or root specified in
section 6.4, the proposed Pruning is for the purpose of maintaining or
improving the health of the Tree;
iv.
the Protected Tree has a mature height of eight (8) metres or less and the
centre of the trunk is situated within two (2) metres of an existing foundation
Tree Preservation Bylaw No. 2138 Page 9
wall and that any impairment, interference or risk to the foundation walls
cannot be reduced or removed in any way other than the removal of the tree;
or
v.
the Protected Tree has a mature height of more than eight (8) metres and
the centre of the trunk is situated within three (3) metres of an existing
foundation wall and that any impairment, interference or risk to the
foundation walls cannot be reduced or removed in any way other than the
removal of the tree;
vi.
the Protected Tree is a species that is a regulated invasive plant or
unregulated invasive plant of concern in British Columbia as declared by the
Province or the Invasive Species Council of BC; or
vii.
the Protected Tree is situated within the footprint required to allow the
installation of a driveway or required off street parking area, or installation or
repair of underground utilities where a requirement to install the same in an
alternate location would impose an undue hardship.
viii.
the Protected Tree is a Leyland Cypress tree.
b.
the Director has approved all information, reports, plans and documents (including any
Certified Arborist reports, Tree replacement plans, Tree protection plans and Tree
retention plans) required to be provided by the Director or under this Bylaw in connection
with the Tree Permit;
c.
the applicant has paid all fees and provided all security deposits required by this Bylaw
with respect to the Tree Permit; and
d.
all other conditions of this Bylaw have been met.
11.15. The Director may, by providing notice to the owner, revoke a Tree Permit if any provision of
this Bylaw or any Tree Permit condition is breached or the information on which the issuance
of a Tree Permit was based is found to be incorrect. If a Tree Permit has been revoked, all
Tree Cutting and removal authorized by that Tree Permit must cease until the breach has
been remedied or the effect of the incorrect information has been accommodated in a Tree
Permit's condition and the Director has withdrawn the revocation of the Tree Permit in writing.
12.
ADMINISTRATION AND ENFORCEMENT
12.1. The Director shall have the right to enter any Lot to make an assessment or inspection for
any purpose under this Bylaw.
12.2. Any person who:
a.
contravenes or violates any provision of this Bylaw or of any Tree Permit issued under
this Bylaw;
b.
allows any act or thing to be done in contravention or violation of this Bylaw or any Tree
Permit issued under this Bylaw; or
c.
fails or neglects to do anything required to be done by this Bylaw or any Tree Permit
issued under this Bylaw,
commits an offence, and where the offence is a continuing one, each day the offence is
continued constitutes a separate offence.
12.3. Where more than one Protected Tree is Cut, removed or damaged, other than as authorized
by this Bylaw or a Tree Permit issued under this Bylaw, or more than one Protected Tree is
not replaced or maintained in accordance with this Bylaw or a Tree Permit issued under this
Bylaw, a separate offence is committed in respect of each Protected Tree.
12.4. A person who is convicted of an offence under this Bylaw shall be liable to the following
penalties:
a. a fine of not less than $1,000, and not greater than $50,000;
Tree Preservation Bylaw No. 2138 Page 10
b. imprisonment for not more than 6 months;
c. to pay the Town its costs of prosecution in accordance with section 263(3) of the
Community Charter; and
d. any order the Court may make under section 263.1 of the Community Charter, and any
other order permitted under the Community Charter or Offence Act.
12.5. If a person who is subject to a requirement under this Bylaw fails to take the required action
within 5 days following the provision of the notice from the Town, the Town may:
a.
enter the Lot and fulfill the requirement at the expense of the person; and
b.
recover the costs incurred in fulfilling the requirement from that person as a debt payable
within 30 days following delivery of an invoice to that person.
12.6. All amounts referred to in section 12.5 incurred by the Town in respect of work done or
services provided in relation to land or improvements may be collected in the same manner
and with the same remedies as property taxes respecting the Lot, and if such amounts remain
unpaid on December 31 following the date payable such amounts are deemed to be taxes
on the Lot in arrears.
13.
APPEALS
The owner of a Lot on which a Tree is the subject to a decision of the Director may request
that Council reconsider the decision or any condition attached to the decision.
14.
REPEAL
Sidney Tree Preservation Bylaw No.1663 and all subsequent amendments to that bylaw are
hereby repealed.
Read a first time the
26th
day of
June, 2017.
Read a second time the
26th
day of
June, 2017.
Read a third time the
26th
day of
June, 2017.
Adopted the
10th
day of
July, 2017.
_______________________________
______________________________
MAYOR
CORPORATE OFFICER
____________________________________
(Amendment No. 1) Bylaw No. 2195, September 2020
(Amendment No. 2) Bylaw No. 2202, December 2020
(Amendment No. 3) Bylaw No. 2274, April 2024
(Amendment No. 4) Bylaw No. 2291, May 2025
Tree Preservation Bylaw No. 2138 Page 11
SCHEDULE 'A'
Tree Protection Fencing
Notes:
Location of fencing to be determined or approved by Town of Sidney Certified Arborist
or consulting Certified Arborist prior to any on-site works.
Barrier must contain 2 x 4 top and bottom rails, or other acceptable system as
approved by Town of Sidney Certified Arborist or consulting Certified Arborist.
Restricted Access Signage, provided by the Town, shall be placed on the fencing, in
a visible location, in a manner consistent with the example image above.
Tree Preservation Bylaw No. 2138 Page 12
SCHEDULE 'B'
Tree Planting and Maintenance Guidelines
Notes:
Planting a Tree should be done between approximately March 1st and April 30th, or
September 15th and November 15th.
Tree should be well watered at time of planting, and regularly for the first few months
during dry periods.