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NO. 21-035
TREE PROTECTION BYLAW
A BYLAW OF THE CITY OF VICTORIA
The purposes of this Bylaw are to protect and enhance the urban forest by:
(a) providing for protection and preservation of trees,
(b) providing for the replacement of trees where tree removal is necessary, and
(c) ensuring that lots that are being developed have sufficient tree canopy.
Contents
PART 1 - INTRODUCTION ................................................................................................................................ 3
Title .................................................................................................................................................................. 3
Definitions ........................................................................................................................................................ 3
Application of Bylaw ......................................................................................................................................... 6
PART 2 - PROHIBITIONS .................................................................................................................................. 6
Prohibitions ...................................................................................................................................................... 6
PART 3 - TREE PERMITS AND DEVELOPMENT RELATED APPLICATIONS ................................................ 7
Applications for Tree Permits ........................................................................................................................... 7
Development Related Applications .................................................................................................................. 8
Pruning Trees .................................................................................................................................................. 8
Cutting or Removing Trees .............................................................................................................................. 9
Requirements for Tree Permits ...................................................................................................................... 10
Contents of Tree Permit Applications ............................................................................................................ 10
Information Required for Development Related Applications ......................................................................... 11
Amendments and Extensions to Tree Permits ............................................................................................... 12
Director's Powers with Respect to Permits .................................................................................................... 12
Application for Reconsideration ..................................................................................................................... 13
Emergency Cutting, Pruning or Removal ....................................................................................................... 13
Removing Hazardous Trees .......................................................................................................................... 14
PART 4 - ACTIONS ON SITE .......................................................................................................................... 14
Site Requirements ......................................................................................................................................... 14
Tree Protection Requirements ....................................................................................................................... 15
PART 5 - URBAN FOREST PRESERVATION MEASURES............................................................................ 15
Pruning, Cutting, Damaging and Removing Protected Trees in Violation of Bylaw ....................................... 15
Replacing Trees Removed ............................................................................................................................ 16
Development Related Tree Permits - Achieving Tree Minimum ................................................................... 17
Requirements for Planting and Maintaining Replacement Trees ................................................................... 18
PART 6 - FEES & SECURITY .......................................................................................................................... 19
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Permit Fee ..................................................................................................................................................... 19
Security - General ......................................................................................................................................... 19
Security for Replacement Trees .................................................................................................................... 19
Security for Retained Trees ........................................................................................................................... 20
Release of Security ....................................................................................................................................... 20
PART 7 - GENERAL ........................................................................................................................................ 21
Inspections and Assessments ....................................................................................................................... 21
Stop Work Orders .......................................................................................................................................... 21
Recovery of Costs and Fees from Real Property Taxes ................................................................................ 22
Offences ........................................................................................................................................................ 22
Penalties ........................................................................................................................................................ 22
Severability .................................................................................................................................................... 23
Consequential Amendments to Ticket Bylaw ................................................................................................. 23
PART 8 - REPEAL, TRANSITION, COMMENCEMENT................................................................................... 23
Definitions in Relation to this Part .................................................................................................................. 23
Amendment to Tree Preservation Bylaw No. 05-106 ..................................................................................... 23
Repeal ........................................................................................................................................................... 24
Transition Provisions ..................................................................................................................................... 24
Repeal of Transition Provisions ..................................................................................................................... 24
Commencement ............................................................................................................................................ 24
SCHEDULE "A" TREE PERMIT APPLICATION FEES .................................................................................... 25
SCHEDULE "B" TREE SURVEY AND TREE MANAGEMENT PLAN REQUIREMENTS ................................ 26
SCHEDULE "C" ARBORIST REPORT REQUIREMENTS ............................................................................... 28
SCHEDULE "D" TREE PROTECTION BARRIER REQUIREMENTS .............................................................. 32
SCHEDULE "E" REPLACEMENT TREE REQUIREMENTS............................................................................. 33
Siting ............................................................................................................................................................. 38
Soil volume .................................................................................................................................................... 38
Timing of planting .......................................................................................................................................... 39
Size of stock .................................................................................................................................................. 39
SCHEDULE "F" MINIMUM NUMBER OF TREES REQUIRED PER LOT ........................................................ 40
SCHEDULE "G" LETTER OF ASSURANCE REQUIREMENTS ...................................................................... 42
APPENDIX 1 Schedule LL Tree Protection Bylaw Offences and Fines ............................................................ 43
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PART 1 - INTRODUCTION
Title
1
This Bylaw may be cited as the "Tree Protection Bylaw".
Definitions
2
In this Bylaw:
"arborist"
means a person holding a current certification of ISA Certified Arborist issued by the
International Society of Arboriculture;
"arboricultural best practice"
means practices in accordance with the most current version of the American National
Standards Institute (ANSI) Publication, "American National Standard for Tree Care
Operations - Tree, Shrub, and Other Woody Plant Management - Standard Practices"
and the companion "Best Management Practices" Series of the International Society of
Arboriculture;
"building envelope"
means that part of a lot on which the primary building may be sited under the setback
regulations of the City's zoning bylaws, as varied by a development permit, a
development variance permit, or a heritage alteration permit;
"cut or cutting"
means knocking down, dismantling, or piercing, any or all parts, of any tree including its
roots, but does not include shearing or trimming of branches less than 10 cm in diameter;
"damage or damaged"
means any action which is likely to cause negative impacts to the health or structural
integrity of a tree;
"DBH"
stands for "diameter at breast height" and means:
(a)
for a tree having a single trunk at 1.4 metres above the existing grade, the
diameter of the trunk measured at 1.4 metres above the existing grade,
(b)
for a tree having two or more stems at 1.4 metres above the existing grade, the
cumulative total of the diameter of the three largest stems measured at 1.4
metres above the existing grade, and
(c)
for a hedge, the diameter of the largest stem measured at 1.4 metres above
the existing grade;
"development related"
means any of the following applications:
(a)
rezoning,
(b)
subdivision,
(c)
development permits or temporary use permits associated with a new building or an
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addition to an existing building, or
(d)
development variance permits, heritage alteration permits, or building permits
associated with:
(i)
demolition, blasting, or construction of a principal building, or
(ii)
construction of an accessory building or an addition to an existing building that
is greater than 10 square metres, excluding deck, patio and balcony areas,
but does not include any application related to only change of use, interior works,
plumbing or electrical permits, or exterior material replacement;
"Director"
means the City's Director of Parks, Recreation and Facilities or that person's designated
representative;
"hazard tree"
means a tree that has, in the opinion of a TRAQ arborist:
(a)
a high or extreme TRAQ risk rating, or
(b)
an imminent likelihood of failure;
"hedge"
means a row of five or more trees of consistent size and form planted less than 1.25
metres apart from one another on centre;
"hedge length"
means the longest distance from the drip line of one tree or shrub within a hedge to the
drip line of another that can be measured along a horizontal plane;
"lot"
means a parcel of land;
"protected tree"
means any of the following:
(a)
a hedge that contains any single stem with a DBH over 30 cm,
(b)
a tree with a DBH over 30 cm,
(c)
Garry Oak (Quercus garryana), Arbutus (Arbutus menziesii), Pacific Yew (Taxus
brevifolia) or Pacific Dogwood (Cornus nuttallii) over 50 cm in height,
(d)
a replacement tree,
(e)
a tree that is protected by a restrictive covenant in favour of the City,
(f)
a tree that is on a slope where the slope grade is greater than 33% over 10 metres,
or
(g)
a tree that is within 15 metres of the natural boundary of a watercourse;
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"protected root zone"
(a)
means the area of land surrounding the trunk of a protected tree that contains the
bulk of the critical root system of the tree, as defined on a plan prepared by an
arborist, that the Director approves, or
(b)
where a plan within the meaning of subsection (a) of this definition has not been
prepared and approved, means the area of land surrounding the trunk of a protected
tree contained within a circle having a radius which is calculated by multiplying the
DBH of the tree by 18;
"prune, pruning or pruned"
means the selective shearing or trimming of living or dead branches equal to or larger than
10 cm in diameter;
"remove, removing or removed"
means to saw or chop down, kill or otherwise withdraw a tree by any means;
"replacement tree"
means a tree that will or has been planted on a lot to:
(a)
replace trees removed or irreparably cut, pruned or damaged on the same lot
pursuant to this Bylaw, or
(b)
achieve the tree minimum on a lot;
"retained tree"
means a protected tree that:
(a)
according to a tree permit, an owner intends to retain or has retained on a lot, or
(b)
according to this Bylaw, an owner must retain in its existing location on a lot;
"shared tree"
means a tree with any part of its trunk or trunk flare crossing a property line, including
where the adjacent property is a highway, park, or other City-owned property;
"specimen tree"
means a tree that is greater than 60 cm DBH and in good health and structure, but does
not include:
(a)
English Holly (Ilex aquifolium), Tree of Heaven (Ailanthus altissima), Lombardy
Poplar (Populus nigra), or
(b)
any species of tree 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;
"topping or topped"
means reducing overall tree size using internodal incisions without regard for health or
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structural integrity and includes re-topping of previously topped trees;
"TRAQ arborist"
means an arborist who holds the International Society of Arboriculture's Tree Risk
Assessment Qualification (TRAQ);
"tree"
means a self-supporting, perennial, woody plant that has a trunk or stem and a root
system;
"tree minimum"
means the minimum number of trees required per lot, as specified in Schedule "F";
"tree permit"
means a Tree Protection Bylaw Tree Permit/Record in the form prescribed for that
purpose by the Director and issued by the Director pursuant to this Bylaw;
"Tree Reserve"
means a fund established by the City that is used to plant trees on public and private lands
to replace tree canopy lost, and for the promotion and stewardship of a healthy tree
canopy in the City.
Application of Bylaw
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(1)
All provisions of this Bylaw apply to individual trees in a hedge, except only to the extent
that any such provision specifically excepts, excludes, or exempts a hedge.
(2)
This Bylaw does not apply to the cutting, pruning or removal of a tree undertaken by or on
behalf of:
(a)
the City, on park, highway or land owned or held by the City, or
(b)
the City, for the purpose of installing, repairing, or maintaining public works or
services.
(3)
Works or services referred to in subsection (2)(b), other than emergency repairs, must be
reviewed and approved by the Director before they are carried out.
PART 2 - PROHIBITIONS
Prohibitions
4
(1)
No person shall cut, damage, prune or remove any protected tree, or cause or allow any
protected tree to be cut, damaged, pruned or removed, unless:
(a)
permitted by this Bylaw, and
(b)
the activity is carried out strictly in accordance with the terms of any issued tree
permit and this Bylaw.
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(2)
No person shall fail to comply with the requirements of this Bylaw.
(3)
No person shall fail to comply with the terms and conditions of a tree permit.
(4)
No person shall alter, falsify, or otherwise misrepresent any information on or for a tree
permit or application.
(5)
Without restricting the generality of subsection (1), any of the following actions is deemed
to constitute damage pursuant to that subsection:
(a)
poisoning, burning, or pruning in a manner not in accordance with arboricultural best
practice, including removal of more than 25% of the tree's total live foliage or bud
bearing branches or limbs,
(b)
topping, unless the tree in question has been previously topped and regenerative
growth has a high likelihood of failure due to weak branch attachment, excessive
branch elongation and end weight, or the formation of extensive decay or cavities
that cannot be mitigated other than by re-topping the tree,
(c)
raising or lowering the grade within the protected root zone,
(d)
shearing, harming or undermining the roots of the tree growing within the protected
root zone,
(e)
placing fill, building materials, asphalt, or a building or structure, or storing or
stockpiling of organic material within a protected root zone,
(f)
operating, staging or parking trucks, backhoes, excavators, mini-excavators, hydro-
excavators, mechanical trenchers or other heavy equipment within a protected root
zone,
(g)
denting, gouging, drilling, harming, or affixing anything to the branches or the trunk
of a tree,
(h)
removing bark from a tree,
(i)
depositing concrete, washout, or other liquid or chemical substances harmful to the
health of a tree in a protected root zone,
(j)
removing soil from a protected root zone,
(k)
conducting blasting operations within a protected root zone,
(l)
conducting blasting or excavating operations outside of a protected root zone that
would harm roots or disturb soil inside a protected root zone, or
(m)
doing anything that would cause the tree to die.
PART 3 - TREE PERMITS AND DEVELOPMENT RELATED APPLICATIONS
Applications for Tree Permits
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(1)
The owner of a protected tree wishing to cut, prune, or remove the tree must apply for and
obtain a tree permit.
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(2)
The owner of a lot wishing to plant a replacement tree must apply for and obtain a tree
permit.
(3)
The Director may waive the requirement to obtain a tree permit pursuant to subsection (1)
when:
(a)
only pruning is proposed on the lot and a utility permit has been approved by the
Director of Engineering and Public Works that addresses the protection and
mitigation requirements for protected trees on the lot, or
(b)
the only work proposed on the lot is site servicing, blasting or demolition, and no
construction or site disturbance will occur within 5 metres of a protected root zone.
(4)
An owner may delegate the authority to apply for a tree permit on behalf of the owner to
an agent in writing.
Development Related Applications
6
(1)
Any applicant for a development related application must provide to the Director all
information specified in section 11 concurrently with making the development related
application.
(2)
Any applicant for a development related application that would permit construction or site
disturbance must apply for a tree permit concurrently with providing the information
pursuant to subsection (1).
(3)
The Director may waive the requirement to provide the information pursuant to subsection
(1) in either of the following circumstances:
(a)
the development related application is for a subsequent phase of a project that is
unchanged, meaning that:
(i)
within the previous two years, all the information was provided pursuant to
subsection (1) at an earlier stage of the development,
(ii)
the known conditions of the site and the trees on the site are unchanged,
(iii)
the plans for the site and the trees on the site are unchanged, and
(iv)
the ownership of the site is unchanged; or
(b)
the development related application is a building permit for demolition or blasting on
a subsequent phase of a project that is unchanged besides the new requirement for
demolition or blasting, meaning that:
(i)
within the previous two years, all the information was provided pursuant to
subsection (1) at an earlier stage of the development,
(ii)
the known conditions of the site and the trees on the site are unchanged,
(iii)
aside from the proposed demolition or blasting, the plans for the site and the
trees on the site are unchanged, and
(iv)
the ownership of the site is unchanged.
Pruning Trees
7
(1)
The Director may issue a tree permit to prune a protected tree if the Director is satisfied
9
that the pruning will not cause negative impacts to the health or structural integrity of a
tree.
(2)
In addition to the circumstances prescribed in subsection (1), the Director may issue a
tree permit to prune a hedge if the Director is satisfied that the pruning is necessary to
maintain clearance or uniform shape, and the negative impacts to the health or structural
integrity of the hedge are minimized.
Cutting or Removing Trees
8
The Director may issue a tree permit to cut or remove a protected tree if the Director is satisfied
that at least one of the following applies:
(a)
it is a hazard tree and the risk cannot be mitigated other than by cutting or removing the
tree,
(b)
it is dead, or more than 50% of its crown is dead,
(c)
it is of 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,
(d)
the trunk of the tree is located within the building envelope of the lot and cutting or removal
of the tree is necessary for the purpose of constructing a building, an addition to a
building, or construction of an accessory building,
(e)
the trunk of the tree is located outside the building envelope of the lot but the tree will be
critically impacted by the footprint of the construction of a building or addition to a building
within the building envelope, and it is not possible to modify or relocate the construction on
the lot in order to retain or avoid cutting the protected tree,
(f)
it will be critically impacted by the footprint of one of the following installations or
constructions, and it is not possible to modify or relocate the installation or construction on
the lot in order to retain or avoid cutting the protected tree:
(i)
a utility service,
(ii)
a driveway, or
(iii)
an off-street parking area that is required under a City zoning bylaw,
(g)
it is located within the required construction access, and the construction access cannot
be modified in order to retain or avoid cutting the protected tree,
(h)
it is causing or will in the near future cause structure or infrastructure damage that cannot
be mitigated other than by cutting or removing the protected tree,
(i)
it is growing above a built substructure, patio or rooftop and it is necessary to cut or
remove the protected tree in order to carry out repairs to the structure over which it is
located, or
(j)
cutting or removing it is required or permitted under any of the following provisions of the
City's bylaws:
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(i)
section 112(2) of the Streets and Traffic Bylaw, or
(ii)
section 4, 6, or 7 of the Trees and Insect Control Bylaw.
Requirements for Tree Permits
9
(1)
The Director may not issue a tree permit unless:
(a)
the Director has approved any document or information that was required as part of
the application,
(b)
if there are any retained trees on the lot, tree protections have been installed and the
Director has approved of them, all in accordance with sections 18(2)(a) and (b),
(c)
the applicant has paid the permit fee in accordance with section 23,
(d)
the applicant has provided any security required in accordance with section 24, and
(e)
all other conditions of this Bylaw have been met.
(2)
The Director may include conditions regarding the pruning, cutting, removal, replacement
or retention of a tree in a tree permit, and the tree permit holder and the owner must
comply with those conditions.
(3)
Without limiting the generality of subsection (2), the Director may, as a condition of a tree
permit:
(a)
require that cutting, pruning, or removal be conducted under the supervision of an
arborist, and
(b)
if it is a development related tree permit, require that no tree removals occur until a
building permit is issued for building construction.
(4)
The amount of time for which a tree permit is valid is as follows:
(a)
for a permit on a development related application, the first of
(i)
one year from the date that the final occupancy permit is issued for the lot, and
(ii) five years from the date of issuance; and
(b)
for all other permits, one year from the date of issuance.
(5)
The issuance of a tree permit, the acceptance of plans and other supporting documents
submitted for a permit, and the making of inspections by the City shall not relieve the
owner from full responsibility for complying with this Bylaw.
Contents of Tree Permit Applications
10
(1)
An application for a tree permit must be made in the form prescribed for that purpose by
the Director, and must include all of the following:
(a)
the address and legal description for the lot or lots,
(b)
if the applicant is not the owner, confirmation in writing that the applicant is acting on
behalf of the owner and as agent for the owner,
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(c)
if the application is for removal of a protected tree that is a shared tree, written
consent from the adjacent property owner,
(d)
if the application is for cutting or removal of a protected tree, the justification for such
action under section 8, and
(e)
a description and site plan that identify any trees to be cut, pruned, removed,
retained, and replaced on the site.
(2)
In addition to the requirements listed in subsection (1), the Director may require the
applicant to provide any of the following documents:
(a)
an arborist report, if, in the Director's opinion, it is necessary based on the nature,
extent, siting, or impact of any tree cutting, pruning, removal, retention, or
replacement,
(b)
an arborist report from a TRAQ arborist confirming that a tree is a hazard tree, if the
application entails removal or cutting of a hazard tree and, in the Director's opinion,
the report is necessary to confirm whether the tree is a hazard tree,
(c)
a tree management plan, if, in the Director's opinion, it is necessary based on the
nature, extent or siting of any retained trees, and
(d)
a replacement tree plan, if, in the Director's opinion, it is necessary based on the
nature, extent or siting of any replacement trees.
Information Required for Development Related Applications
11
(1)
An applicant for a development related application must provide the Director with all of the
following information in the form prescribed for that purpose by the Director:
(a)
the information specified in sections 10(1)(a) - (e),
(b)
subject to subsection (3), a tree management plan and tree survey in accordance
with Schedule "B",
(c)
subject to subsection (3), an arborist report in accordance with Schedule "C",
(d)
if replacement trees are required by this Bylaw, a replacement tree plan in
accordance with Schedule "E", and
(e)
if the application involves tree removals within 15 metres of a watercourse or on
slopes greater than 33% grade over 10 metres, a survey prepared by a BC Land
Surveyor that identifies top-of-bank or top of ravine bank, along with watercourse
setbacks and geotechnical setbacks on the ground.
(2)
In addition to the requirements listed in subsection (1), for development related
applications the Director may require the applicant to provide any of the following
documents:
(a)
a letter from an arborist confirming that tree protection barriers have been installed in
accordance with Schedule "D", if tree protection barriers are required,
12
(b)
a lot grading and servicing plan, if, in the Director's opinion, it is necessary based on
the grade, topography, tree location, or other requirements of the site, and
(c)
a letter of assurance, in the form prescribed for that purpose by the Director, from
the arborist and the owner to the City in accordance with Schedule "G", if, in the
Director's opinion, it is necessary based on site preparation or construction related
activities occurring in a protected root zone.
(3)
The Director may waive the requirements to provide the documents listed in subsections
(1)(b) and (c) if there are no protected trees on the site or adjacent to the site that may be
impacted by the proposed work.
Amendments and Extensions to Tree Permits
12
(1)
A tree permit holder may apply to the Director for an amendment or extension of their tree
permit before the date that the permit expires.
(2)
The Director may extend or modify the tree permit upon written request of the permit
holder, if:
(a)
the permit holder has provided any additional information required by the Director in
accordance with this Bylaw and the Director has approved such information,
(b)
the applicant has paid the permit fee in accordance with section 23, and
(c)
all other conditions of this Bylaw have been met.
(3)
If the Director extends or modifies a tree permit, all terms and conditions set out in the
original tree permit shall apply to each extension or modification of the permit, except
as expressly amended or modified by the extension or modification form.
(4)
If circumstances on the site or requirements pursuant to this Bylaw have changed
significantly, or it is impractical to extend or modify a permit, the Director may require
the permit holder to apply for a new tree permit.
Director's Powers with Respect to Permits
13
(1)
The Director may do any of the following if a proposed activity would endanger the health
or life of a tree:
(a)
refuse to issue, amend or extend a tree permit;
(b)
issue, amend or extend a tree permit subject to conditions;
(c)
issue, amend or extend a tree permit to allow a tree to be cut, pruned, removed,
retained or replaced.
(2)
The Director may refuse a tree permit if:
(a)
the applicant failed to comply with the requirements of this Bylaw,
(b)
the cutting, pruning, removal, retention or replacement would create a hazard to an
adjacent property,
13
(c)
the tree permit would contravene another City bylaw or a provincial or federal
enactment,
(d)
the applicant has failed to prove that the standards and requirements of this Bylaw
or the tree permit can effectively be met, or
(e)
the tree permit would be in conflict with a restrictive covenant in favour of the City.
(3)
The Director may suspend or cancel a tree permit if:
(b)
the permit holder or the owner failed to comply with a term or condition of the tree
permit, or
(c)
the permit holder or the owner failed to comply with this Bylaw.
Application for Reconsideration
14
(1)
An applicant that is subject to a decision of the Director to grant, refuse, suspend, or
cancel a tree permit, or to impose conditions on the granting of a tree permit, is entitled to
apply to Council to have the decision reconsidered.
(2)
An application for reconsideration must be made in writing to the City Clerk within 30 days
of being notified in writing of the decision of the Director under this Bylaw.
(3)
There is no charge for an application for reconsideration.
(4)
A reconsideration under this section is limited to the most recent decision of the Director to
grant, refuse, suspend or cancel, and does not extend the time limit to reconsider an
earlier permit decision.
Emergency Cutting, Pruning or Removal
15
(1)
Despite any other provision in this Bylaw, a person may cut, prune, or remove a protected
tree or the limb of a protected tree before applying for a tree permit if the tree or limb is in
such imminent danger of failing that there is not time to obtain a tree permit prior to the
failure.
(2)
A person who has cut, pruned, or removed a tree pursuant to subsection (1) must:
(a)
on the next business day from the date of cutting, pruning, or removing, apply for a
tree permit in accordance with the requirements of this Bylaw, and provide the
Director with a photograph or video depicting the state of the tree prior to the cutting,
pruning or removal; and
(b)
thereafter, promptly take all action necessary pursuant to this Bylaw to obtain such
tree permit.
(3)
A person who has cut, pruned, or removed a tree pursuant to subsection (1) must not
remove the trunk, limbs, roots or other remains of the tree from the site until an arborist
employed by the City has visited the site and the Director has determined whether the
emergency cutting, pruning or removal was justified.
14
(4)
Any tree that is removed pursuant to this section, regardless of the Director's
determination under subsection (3), must be replaced in accordance with section 20,
security for which must be provided in accordance with section 25.
(5)
For clarity, it is a violation of this Bylaw to cut, prune, or remove a protected tree or the
limb of a protected tree before applying for a tree permit if the tree or limb is not in
imminent danger of failing as described in subsection (1).
Removing Hazardous Trees
16
(1)
Owners and occupiers of a lot must cause any tree or shrub on the lot to be pruned, cut or
removed, if the Director considers that the tree or shrub is:
(a)
a hazard to the safety of persons;
(b)
likely to damage public property; or
(c)
seriously inconveniencing the public.
(2)
The Director may notify the owner or occupier of a lot that the City will take, at the owner's
or occupier's expense, the action required under subsection (1) if the owner or occupier
does not take that action within 5 days of receiving the notice.
(3)
The City may enter a lot and undertake, at the owner's or occupier's expense, the work
referred to in subsection (1) if the owner or occupier does not undertake or complete that
work.
PART 4 - ACTIONS ON SITE
Site Requirements
17
(1)
The tree permit holder must clearly identify with a mark of paint or tape each protected
tree to be removed.
(2)
Public notice of a tree permit in the form prescribed for that purpose by the Director must
be posted:
(i)
on the lot for which the permit has been issued, in a location visible to the public and
facing the street,
(ii)
at least 24 hours prior to the commencement of any cutting, pruning, or removal of a
protected tree, and
(iii)
remain posted on the lot until the completion of all work related to the cutting,
pruning, or removal of protected trees on that lot.
(3)
A person cutting, pruning, or removing a tree must dispose of the tree parts in accordance
with provincial and City enactments and requirements.
15
Tree Protection Requirements
18
(1)
A person cutting, pruning, removing, retaining or replacing a tree must do so in
accordance with arboricultural best practice.
(2)
No construction, development-related activities or site disturbance may commence within
5 metres of a protected root zone until:
(a)
one of the following tree protections has been installed to protect the tree and all
existing trees on the street fronting the lot on which the construction is to take place:
(i)
tree protection barriers in accordance with Schedule "D", or
(ii)
alternative protective measures approved by the Director;
(b)
the Director has approved of the tree protection installed pursuant to paragraph (a);
and
(c)
a tree permit has been issued related to the construction or site disturbance.
(3)
The tree protection installed pursuant to subsection (2)(a) must remain in place in the
manner approved by the Director until all construction is completed and a final occupancy
permit is issued by the City, or when the Director approves removal of the tree protection
in writing.
(4)
If a tree protection installed pursuant to subsection (2)(a) is removed, altered or damaged,
the owner must restore it so that it is returned to the standards approved by the Director.
(5)
Despite subsection (3), a tree protection installed pursuant to subsection 2(a) may be
temporarily removed or relocated in order to allow work to be done within or near a
protected root zone if the applicant has, prior to such removal or relocation, provided the
Director with:
(a)
an arborist report or arborist memo setting out the reasons and proposed duration
for such removal or relocation, and
(b)
a letter of assurance that the arborist will be onsite and supervising all such work,
and thereafter the applicant will restore the tree protection as it was prior to removal,
and may only remove or relocate the tree protection in accordance with the
approved report or memo, and at those time during which the applicant's arborist is
onsite and supervising all such work,
and the Director is satisfied that the tree will survive and be safe to retain.
PART 5 - URBAN FOREST PRESERVATION MEASURES
Pruning, Cutting, Damaging and Removing Protected Trees in Violation of Bylaw
19
(1)
If a protected tree is significantly damaged in violation of this Bylaw, and the tree will
survive and be safe to retain, the Director may:
(a)
require that the owner have mitigation work completed by an arborist, if mitigation of
16
the damage may improve the health or structure of the tree; or
(b)
retain 50% of any security amount that was provided for the tree and place it in the
Tree Reserve, if the Director is not satisfied that mitigation of the damage can
improve the health or structure of the tree.
(2)
If a protected tree is removed or damaged in violation of this Bylaw, and the tree will not
survive or is not safe to retain, the Director may retain the full security amount that was
provided for the tree, and such money shall be placed in the Tree Reserve.
(3)
The Director may require the owner to submit an impact assessment report by an arborist
detailing observed or suspected damage and mitigation options for a protected tree if the
Director requires further information on any of the following:
(a)
whether a protected tree was significantly damaged in violation of this Bylaw;
(b)
whether a protected tree that was damaged will survive or be safe to retain; or
(c)
whether mitigation of the damage can improve the health of the protected tree.
(3)
When a protected tree has been cut, pruned, damaged or removed in violation of this
Bylaw, the trunk, limbs, roots and other remains of the tree shall not be removed from the
lot until an investigation and assessment by the Director is complete and the removal is
expressly authorized by the Director.
(4)
Notwithstanding any of the requirements of this section, an owner that cuts, prunes,
damages or removes a tree in violation of this Bylaw remains subject to penalties pursuant
to this Bylaw.
Replacing Trees Removed
20
(1)
The owner of a lot must plant replacement trees in accordance with this section for every
protected tree that is removed from the lot.
(2)
For each protected tree that is removed that is a hedge, the owner of the lot must plant:
(a)
one replacement tree of any species described in Part 1 of Schedule "E" per 4
metres of hedge length or part thereof removed,
(b)
another hedge of the same hedge length that is likely to flourish on the site and is
acceptable to the Director, or
(c)
where it is not possible to plant in accordance with the requirements of either
paragraph (a) or paragraph (b) due to grade, topography, tree location, soil depth, or
other requirements of the site, the Director may permit the owner to plant two
replacement trees of species described in Part 2 of Schedule "E" per 4 metres of
hedge length or part thereof removed that are likely to flourish on the site and are
acceptable to the Director.
(3)
For each protected tree that is removed that is growing in soil with a depth of less than 1
metre above a built structure, the owner of the lot must plant one replacement tree of a
species described in Part 3 of Schedule "E", in accordance with specifications regarding
soil volume.
17
(4)
For each protected tree that is removed that is not of a variety described in subsection (2)
or (3), the owner of the lot must plant:
(a)
one replacement tree of a species described in Part 1 of Schedule "E" that is likely to
flourish on the site and is acceptable to the Director, or
(b)
where it is not possible to plant a replacement tree of the species described in Part 1
of Schedule "E" due to grade, topography, tree location, soil depth, or other
requirements of the site, the Director may permit the owner to plant two replacement
trees of the species described in Part 2 of Schedule "E" that are likely to flourish on
the site and are acceptable to the Director.
(5)
A tree that is not a protected tree on the same lot may count as a replacement tree under
subsection (2) or (4), provided that it is not possible to plant another tree elsewhere on the
lot, and the tree:
(a)
is in good health,
(b)
is of a species specifically described in Part 1 or Part 2 of Schedule "E",
(c)
is likely to have a height at maturity of greater than 10.0 metres, and
(d)
is growing in a location that does not conflict with any existing or proposed building,
addition to a building, underground utility service, driveway, off-street parking, or
construction access.
(6)
Every owner required to plant a replacement tree must plant the replacement tree on the
same lot as that from which the protected tree was removed.
(7)
For the purposes of subsections (1) - (4), if the applicant provides evidence to the Director
that a lot cannot accommodate any of the replacement trees required on the lot either in
accordance with the requirements of Part 4 of Schedule "E" or without compromising
arboricultural best practice, and the Director is satisfied of the same, then:
(a)
if the tree or hedge that is being replaced was removed in accordance with the
Bylaw and was a hazard tree, the applicant is not required to provide cash-in-lieu to
the City for the replacement tree that cannot be accommodated, or
(b)
for any other tree or hedge that is being replaced, the applicant must provide to the
City $2000.00 cash-in-lieu for each replacement tree that cannot be accommodated,
and such money shall be placed in the Tree Reserve.
Development Related Tree Permits - Achieving Tree Minimum
21
(1)
If an owner of a lot is applying for a building permit and a tree permit pursuant to a
development related application, they must ensure that the lot will achieve at least the tree
minimum once all replacement trees are planted.
(2)
In order to satisfy subsection (1), if a lot will not achieve at least the tree minimum after
planting all replacement trees required pursuant to section 20, the owner must plant
additional replacement trees in order to achieve at least the tree minimum on the lot.
18
(3)
For the purposes of subsections (1) and (2), if the applicant provides evidence to the
Director that a lot cannot accommodate any of the replacement trees required on the lot
pursuant to this section either in accordance with the requirements of Part 4 of Schedule
"E" or without compromising arboricultural best practice, and the Director is satisfied of the
same, the applicant must provide to the City $2000.00 cash-in-lieu for each replacement
tree that cannot be accommodated, and such money shall be placed in the Tree Reserve.
(4)
For the purposes of this section only, the number of trees on a lot are determined as
follows:
(a)
each specimen tree is counted as three trees,
(b)
each protected tree that is not a specimen tree is counted as one tree,
(c)
any tree that forms part of a hedge is not counted, and
(d)
any tree that is a hazard tree, dead, or has more than 50% of its crown dead is not
counted.
(5)
In order to achieve the tree minimum, for each replacement tree required, the owner must
plant:
(a)
one replacement tree of any species described in Part 1 of Schedule "E" that is likely
to flourish on the site and is acceptable to the Director, or
(b)
where it is not possible to plant a replacement tree of the species described in Part 1
of Schedule "E" due to grade, topography, tree location, soil depth, or other
requirements of the lot, the Director may permit the owner to plant two replacement
trees of the species described in Part 2 of Schedule "E" that are likely to flourish on
the site and are acceptable to the Director.
(6)
Notwithstanding subsection (1), if an owner is applying for a building permit for demolition
only, the owner does not need to meet the tree minimum on the lot.
Requirements for Planting and Maintaining Replacement Trees
22
(1)
Every owner required to plant a replacement tree must plant it by the following deadline:
(a)
for a development related tree permit application, the first of
(i)
one year from the date that the final occupancy permit is issued for , and
(ii) five years from the date of tree permit issuance; or
(b)
for any other tree permit application, one year from the date of tree permit issuance.
(2)
Every owner required to plant a replacement tree must plant and maintain each
replacement tree in accordance with arboricultural best practice, the tree permit, any tree
replacement plan required, the requirements of Part 4 of Schedule "E", and the latest
edition of the CNLA/CSLA "Canadian Landscape Standard".
(3)
If any replacement tree does not survive for one year from the date of planting, the
Director may take one of the following actions:
19
(a)
require the owner to replace the tree within 6 months and maintain it for a further
period of one year,
(b)
if the replacement tree was required in a tree replacement plan, the Director may
plant a new replacement tree on the lot in accordance with the tree replacement plan
within 6 months and require the owner to maintain it for a further period of one year,
or
(c)
retain all security held by the City for that replacement tree, and such money shall
then be used for the planting of a tree on another site to replace the tree canopy lost.
(4)
If any owner fails to plant or maintain a replacement tree when required to do so by this
Bylaw or a tree permit, the City can do so at the owner's expense.
PART 6 - FEES & SECURITY
Permit Fee
23
(1)
An application for a tree permit must be accompanied by the fee prescribed by Schedule
"A".
(2)
A fee pursuant to subsection (1) is not refundable.
Security - General
24
(1)
Where replacement trees or retention of protected trees are required as a condition of a
tree permit, for the purpose of ensuring the performance of the requirements, the applicant
must provide to the City security in the form of cash or letter of credit for each tree to be
replaced or retained in the amount specified in sections 25 and 26.
(2)
The total amount of security provided for any tree permit pursuant to subsection (1) shall
not exceed $50,000.00 per development site.
Security for Replacement Trees
25
(1)
Subject to subsection (2), the amount of security required for the provision, installation and
maintenance of replacement trees, as may be required by this Bylaw, shall be:
(a)
for development related tree permit applications:
(i)
$2,000.00 per replacement tree of a species described in Part 1 or Part 3 of
Schedule "E",
(ii)
$1,000.00 per replacement tree of a species described in Part 2 of Schedule
"E", and
(iii)
$2,000.00 per 4 metres of hedge length when the replacement tree is a hedge;
(b)
$0 per tree when cash-in-lieu is being provided;
(c)
$0 per tree when, in accordance with section 20(7)(a), the removed tree or hedge is
20
not being replaced; and
(d)
for all other tree permits, $350.00 per tree or 4 metres of hedge length being
provided as replacement.
(2)
Where an existing tree on the lot is counted as a replacement tree in accordance with
section 20(5), the amount of the security required pursuant to this Bylaw for such
replacement tree is 50% of the applicable amount from subsection (1).
Security for Retained Trees
26
(1)
The amount of security required for the protection of retained trees as may be required by
this Bylaw, shall be:
(a)
$10,000.00 per retained specimen tree, when the tree permit is development related,
(b)
$2,500.00 per retained protected tree that is not a specimen tree, when the tree
permit is development related,
(c)
$2,500.00 per 4 metres of retained hedge length, when the tree permit is
development related, and
(d)
$0 for all other tree permits.
(2)
Notwithstanding subsection (1), if a retained tree has no risk of being damaged by the
proposed site disturbance, construction, or other action, and the Director is satisfied of the
same, the amount of security required for that tree is $0.
Release of Security
27
(1)
Subject to subsection (5), the City will release the security provided by the tree permit
applicant for any replacement trees under this Bylaw by:
(a)
subject to subsection (2), releasing 50% of the security to the tree permit applicant
upon the applicant providing written confirmation, in a form prescribed for that
purpose by the Director, of the planting of the replacement tree, and
(b)
releasing the remainder of the security to the tree permit applicant upon the
applicant providing written confirmation, in a form prescribed for that purpose by the
Director, that the replacement tree has been successfully maintained for at least one
year after planting.
(2)
Where an existing tree on the lot was counted as a replacement tree in accordance with
section 20(5), no security shall be released pursuant to subsection (1)(a).
(3)
For the purposes of subsection (1)(b), if the Director required a replacement tree plan as
part of the tree permit application, the written confirmation must be provided by the
applicant's arborist or landscape architect.
(4)
Subject to subsection (5), the City will release the security provided for any retained trees
under this Bylaw to the tree permit applicant once all of the following conditions are
satisfied:
21
(a)
all construction on the site is completed,
(b)
a final occupancy permit for the lot has been issued by the City, if applicable, and
(c)
the applicant's arborist has provided a report, including photographs, monitoring
dates and supervision memos as evidence, to the satisfaction of the Director
confirming that the retained trees have not been damaged in violation of this Bylaw
and have been properly protected and maintained in accordance with this Bylaw and
the tree permit.
(5)
The City may transfer any remaining security amount to the Tree Reserve if all of the
requirements for release of security have not been satisfied within the lesser of:
(a)
two years from the date that all construction on the site is completed,
(b)
two years from the date that a final occupancy permit for the lot has been issued,
and
(c)
five years from the date of issuance of the tree permit.
(6)
Notwithstanding any of the requirements of this section, if at any time an owner fails to
comply with a provision of this Bylaw or a tree permit:
(a)
the City may take any required action or plant any replacement tree on the
applicant's behalf, and the City may recover from the security provided the cost to
the City of such action or planting, and if the cost to the City is more than the amount
of security held by the City, then the City may recover the outstanding amount in
accordance with this Bylaw; and
(b)
the City may draw upon the security provided and transfer the amount into the Tree
Reserve for the purpose of planting a tree on another site to replace the tree canopy
lost.
(7)
Any trees planted through the use of money from the Tree Reserve may be planted on the
same lot from which the tree canopy loss suffered or on a different lot in the City, and the
tree may not be planted until a future cycle of City tree plantings.
PART 7 - GENERAL
Inspections and Assessments
28
(1) The Director or a City employee authorized by the Director may enter at all reasonable
times on any property to make an assessment or inspection for any purpose under this
Bylaw.
(2)
A person must not prevent or obstruct, or attempt to prevent or obstruct, an entry
authorized under subsection (1).
Stop Work Orders
29
(1)
If any protected tree is being pruned, cut or damaged without a permit, contrary to a
permit, or contrary to this Bylaw, a bylaw officer or the Manager of Urban Forest Services
22
may post a Stop Work notice in the form prescribed by the Director ordering the cessation
of:
(a) the pruning, cutting or damaging work, and
(b) any work within the protected root zone of the affected tree.
(2)
Every person who fails to comply with any order or notice issued by a bylaw officer or the
Manager of Urban Forest Services, or who allows a violation of this Bylaw to continue,
contravenes this Bylaw.
(3)
The owner of a lot on which a Stop Work notice has been posted, and every other person
having knowledge of the Stop Work notice shall immediately cease all tree pruning, cutting
and damaging activity and all work within the protected root zone of the affected tree, and
shall not resume until all applicable provisions of this Bylaw have been complied with and
the Stop Work notice has been rescinded by a bylaw officer or the Manager of Urban
Forest Services.
Recovery of Costs and Fees from Real Property Taxes
30
The costs of fees and actions taken by the City under this Bylaw will be collected by the City in
the same manner as real property taxes, and will be added as arrears of taxes if unpaid by
December 31 in the year in which the costs are incurred.
Offences
31
(1)
A person commits an offence and is subject to the penalties imposed by this Bylaw, the
Ticket Bylaw, and the Offence Act if that person
(a)
contravenes a provision of this Bylaw,
(b)
consents to, allows, or permits an act or thing to be done contrary to this Bylaw, or
(c)
neglects or refrains from doing anything required by a provision of this Bylaw.
(2)
Each day that a contravention of a provision of this Bylaw continues is a separate offence.
Penalties
32
Except as prescribed in the ticket bylaw,
(a)
subject to subsections (b) and (c), the minimum penalty for an offence under this Bylaw is
a fine of not less than $500.00, and not more than $50,000.00, per tree;
(b)
any person who commits an offence under this Bylaw that results in the loss of a protected
tree is subject to a fine of not less than $5,000.00, and not more than $50,000.00, per tree;
(c)
any person who commits an offence under this Bylaw that results in the loss of a
specimen tree is subject to a fine of not less than $10,000, and not more than $50,000,
per tree.
23
Severability
33
If any provision or part of this Bylaw is declared by any court or tribunal of competent jurisdiction
to be illegal or inoperative, in whole or in part, or inoperative in particular circumstances, it shall
be severed from the Bylaw and the balance of the Bylaw, or its application in any circumstances,
shall not be affected and shall continue to be in full force and effect.
Consequential Amendments to Ticket Bylaw
34
Bylaw No. 10-071, the Ticket Bylaw is amended as follows:
(a)
In the table of contents, by inserting the following new entry directly after "Schedule LL -
Tree Preservation Bylaw Offences and Fines":
"Schedule LL.1 -
Tree Protection Bylaw Offences and Fines".
(b)
In Schedule A, Bylaws and Enforcement Officers, by inserting the following new row
immediately before current row 43, and renumbering all subsequent row numbers
accordingly:
43
Tree Protection Bylaw
Bylaw Officer
(c)
By inserting directly after Schedule LL the Schedule LL.1 attached to this Bylaw as
"Appendix 1".
PART 8 - REPEAL, TRANSITION, COMMENCEMENT
Definitions in Relation to this Part
35
In this Part:
"land use change" means: rezoning with an associated development permit; building permit;
development permit; temporary use permit; development variance permit; heritage alteration
permit; or board of variance order;
"tree plan" means a site plan, landscape plan, tree management plan or arborist report provided
pursuant to the Tree Preservation Bylaw No. 05-106.
Amendment to Tree Preservation Bylaw No. 05-106
36
The Tree Preservation Bylaw No. 05-106 is amended by striking out section 25 entirely and
replacing it with the following:
"25. If the City received an application for any of the following on or before October 24,
2019, the Tree Preservation Bylaw as it was on the day before adoption of the Tree
Preservation Bylaw, Amendment Bylaw (No. 1) No. 19-082 applies to that
application: rezoning with an associated development permit; building permit;
development permit; temporary use permit; development variance permit; heritage
alteration permit; or board of variance order."
24
Repeal
37
The Tree Preservation Bylaw No. 05-106 is repealed.
Transition Provisions
38
(1)
Subject to subsections (2) and (5), the Tree Preservation Bylaw No. 05-106 applies to any
complete application for a land use change received by the City before July 1, 2021 that
includes a tree plan, until a final occupancy permit is issued.
(2)
This Bylaw applies to any change to an approved tree plan that is made after July 1, 2021,
but only with respect to the trees that, in the opinion of the Director, are being impacted by
the proposed change.
(3)
For certainty, nothing in subsection (2) is intended to require that the entire site is
reassessed for compliance with this Bylaw.
(4)
For certainty, nothing in subsection (1) or (2) is intended to modify or extend any tree
permit or land use change approval beyond the time that it would lapse or expire but for
those subsections.
(5)
Notwithstanding any contrary provision in the Tree Preservation Bylaw No. 05-106, on or
after July 1, 2021, an applicant may elect to have their land use change application
processed in accordance with this Bylaw by notifying the Director in writing, in which case,
this Bylaw applies to that application.
(6)
The election under subsection (5) is final and irrevocable.
Repeal of Transition Provisions
39
Sections 35, 36 and 38 of this Bylaw are repealed.
Commencement
40
This Bylaw comes into force on July 1, 2021, except sections 37 and 39, which come into force
on July 1, 2026.
READ A FIRST TIME the
11th
READ A SECOND TIME the
11th
READ A THIRD TIME the
11th
ADOPTED on the
18th
day of
March
2021
CITY CLERK
MAYOR
day of
March
2021
day of
March
2021
day of
March
2021
25
SCHEDULE "A"
TREE PERMIT APPLICATION FEES
Row
#
Tree Permit
Fee
1
To only cut or remove any of the following trees:
i.
a hazard tree
ii. a tree that is dead or has more than 50% of its crown dead
iii. a tree that is a regulated invasive plant or unregulated plant of concern
No fee
2
For emergency cutting or removal only
No fee
3
To prune a tree only
No fee
4
To plant any replacement trees to meet tree minimum only
No fee
5
To undertake exploratory digging for the purposes of an arborist report only
No fee
6
To cut or remove as required by Streets and Traffic Bylaw or Trees and Insect
Control Bylaw
No fee
7
To extend or modify a permit only
$50
8
To work in the protected root zone of the tree only, including excavation for
development, utility installation, irrigation installation and landscape
installation
$50
9
For any other tree permit, the fee is determined as follows:
10
i.
For a lot that is less than or equal to 2,000m2 in size
$50
11
ii. For a lot that is between 2000m2 and 4000m2 in size
$100
12
iii. For a lot that is equal to or larger than 4,000m2
$250 per
4,000m2
26
SCHEDULE "B"
TREE SURVEY AND TREE MANAGEMENT PLAN REQUIREMENTS
A.
Tree Survey
1
The purpose of the tree survey is to accurately locate the position of the trees on or adjacent to
a property to establish ownership and to accurately establish the protected root zones of all
trees and tree protection requirements for tree retention during development. It provides a clear
visual of where buildings and infrastructure are located and where new buildings could be best
sited to minimize negative impacts to trees suitable for retention. It is also useful to show phased
tree protection fencing and mitigation that may differ between demolition and construction. The
tree survey should be used as the base for the tree management plan.
2
The tree survey must comply with the following requirements:
(a)
It must be based on a legal survey of the lot, completed by a registered BCLS surveyor,
and can be added to the Site Plan for Existing Site as required by Development Services.
(b)
It must include all of the following trees:
(i)
Protected trees on the subject lot,
(ii)
Retained trees on the subject lot,
(iii)
Protected trees on adjacent properties with protected root zones or tree canopies
extending onto the subject lot, or that would otherwise require tree protection, and
(iv)
Trees on municipal frontage and any other municipal trees that may be impacted.
(c)
It must indicate the existing trees in (b) with a scaled circle to represent the trunk and the
reference ID located directly adjacent to the trunk. The canopy outline shall be indicated
with a fine, dotted-line circle and the protected root zone shall be indicated with a bold,
solid-line circle.
(d)
It must include a sufficient number of elevation points so that areas where cuts or fills are
required can be identified on future grading plans and the tree management plan.
(e)
It must include the location and type of all existing utilities above and below grade entering
or immediately adjacent to the subject site.
(f)
It must include the existing and proposed legal description, property lines, rights-of-way,
easements, location of trees, base grades of trees, grades at property lines, principal and
accessory building footprints, walkways, patios, retaining walls (top and toe of grade),
fences, driveways, sidewalks, curbs, natural features, rock outcrops, existing services
(water, storm and sanitary sewer lines, hydro, telephone, cable, internet and gas lines,
and any existing service kiosks and boxes).
(g)
It must include all areas and trees protected by a restrictive covenant in favour of the City,
indicating the purpose of the covenant and the land title registration number.
(h)
It must have all dimensions in metric and include a title block with north arrow, bar scale,
date, surveyor's seal and company name, and a legend to identify symbols.
27
(i)
It must date any revised plans.
(j)
It must be provided in hard copy or pdf format and be of a scale to permit detailed
information to be legible when printed in 11 x 17 format, including labels.
3
The BC Land Surveyors provide sample survey plans that may be a useful reference.
B.
Tree Management Plan
1
The purpose of submitting the tree management plan is to show the location of trees along with
their canopy spread and protected root zones in relation to proposed changes, so potential
impacts can be analyzed and trees can be identified as retained or removed. Additionally, the
tree management plan is used to show where tree protection fencing, arborist supervision,
ground protection or other mitigation measures are required.
2
The tree management plan must comply with the following requirements:
(a)
It must be prepared by a TRAQ arborist.
(b)
It must be prepared with the tree survey as its basis and include the location of all
inventoried trees.
(c)
It must show all proposed changes including buildings, landscaping, hardscaping, and
frontage works.
(d)
It must show trees to be removed, indicated with a bold X through the survey point. The
canopy outline shall be indicated with a fine, dotted-line circle and the protected root zone
shall be indicated with a dashed-line circle.
(e)
It must show trees to be retained, indicated at the survey point with a scaled circle to
represent the trunk. The canopy outline shall be indicated with a fine, dotted-line circle and
the protected root zone must be indicated with a bold, solid-line circle.
(f)
It must show any works requiring arborist supervision or tree protection recommendations,
and indicate the location where they apply.
(g)
It must include a title block with north arrow, scale, date and company name, and a legend
to identify symbols, all dimensions in metric.
(h)
It must identify all inventoried onsite trees with unique, sequential reference ID numbers,
in accordance with the arborist report and any corresponding development application
plan information (e.g. engineering, architectural, landscape drawings).
(i)
It must identify offsite trees in reports and plans as 'Offsite' trees with unique numbers
(OS-##), and municipal frontage trees with unique numbers (M-##).
(j)
It must date all plans and revisions.
3
The applicant must provide the arborist with up-to-date drawings and inform the arborist of any
details for proposed changes to plans throughout the different stages of the development,
including but not limited to rezoning, subdivision, development permit, and building permit
demolition, excavation and construction.
28
SCHEDULE "C"
ARBORIST REPORT REQUIREMENTS
Arborist Report Information
1
The purpose of the arborist report is to provide the necessary information to determine suitable
trees for preservation, and to prescribe tree protection and mitigation measures, including the
definition of specific areas and activities requiring arborist supervision.
2
The arborist report must be prepared by a TRAQ arborist in accordance with the City's Terms of
Reference for an Arborist Report for Development.
3
The arborist report must comply with the following requirements:
(a)
It must include the following information:
(i)
Name of arborist and company, address, phone number and email,
(ii)
Proof of professional liability insurance,
(iii)
Arborist ISA certification number and confirmation of TRAQ,
(iv)
Name and contact information of client,
(v)
Address of property, and
(vi)
Date of site visit and date of when report was submitted¸ with any revisions to the
report dated.
(b)
It must include all of the following trees:
(i)
Protected trees on the subject lot,
(ii)
Replacement trees on the subject lot,
(iii)
Protected trees on adjacent properties with protected root zones or tree canopies
extending onto the subject lot, or that would otherwise require tree protection, and
(iv)
Trees on municipal frontage and any other municipal trees that may be impacted.
(c)
It must include unique, sequential reference IDs for all inventoried trees that correspond to
the tree management plan. Onsite trees shall have a physical tag number affixed to the
trunk, which will be the reference ID. For untagged trees, the following prefixes will be
used: offsite (OS-##), and municipal (M-##).
(d)
It must include a description of proposed work and, when applicable, proposed
development on the lot including all hardscape, landscape, hydrology and grade changes,
all proposed frontage work, and all underground and overhead utility services.
(e)
It must include recommendations for tree protection and mitigation measures for all project
phases, including demolition, site excavation, site preload, construction, project and
material staging, servicing, landscaping, grading, or any site disturbance.
Recommendations must treat all trees as being retained for all phases prior to the
issuance of the building permit for construction and tree removal permit regardless of
whether they are planned to be removed. They must include:
29
(i)
Tree protection fencing locations,
(ii)
Specific activities and areas when arborist supervision is required,
(iii)
Site access routes,
(iv)
Material storage areas,
(v)
Any pruning that may be required to provide clearance,
(vi)
Post-construction tree care measures, and
(vii) Other necessary mitigation measures.
(f)
It must include a list of other consulting agency documents that inform the tree
assessment, including the version and date of such documents (e.g. lot layout plans,
servicing plans, biologist reports).
(g)
It must include a tree inventory table, providing information on each tree identified
pursuant to subsection (b), which shall include the following columns:
(i)
Tree ID,
(ii)
species,
(iii)
bylaw status (bylaw, non-bylaw, municipal),
(iv)
DBH (cm),
(v)
PRZ (m radius from trunk),
(vi)
canopy spread (diameter and m from trunk),
(vii) structural condition (poor, fair, good),
(viii) health condition (poor, fair, good),
(ix)
retention suitability (suitable, unsuitable),
(x)
species tolerance to disturbance (poor, moderate, good),
(xi)
remove or retain,
(xii) specific reason for removal, if applicable, and
(xiii) comments (including prune or cut), and location.
(l)
In must include site photos that:
(i)
capture the context of inventoried trees on the site,
(ii)
capture individual trees when there are specific considerations or conditions of
concern for that tree that are addressed in the arborist report,
(iii)
are labelled as numbered figures with captions describing any numbered tree tags,
direction of photo, and description of what it is pictured, and
(iv)
are marked up with tree tag numbers for each tree if multiple trees are shown,
(m)
It must include a tree impact summary table counting the total number of trees, the
30
number of trees to be removed, the number of trees being planted or replaced, and the
number of existing non-protected trees that are being counted as replacements as shown
in the example below:
A
B
C
D
Tree Status
Total # of
# of Trees
# of NEW or
# of EXISTING
NET
Protected
to be
REPLACEMENT
Non-
CHANGE
Trees
REMOVED
Trees to be
protected
(A-B+C+D)
Planted*
Trees
Counted as
Replacements
Onsite trees
Offsite trees
Municipal trees
N/A
N/A
Total
* Sufficient soil volume to support the proposed new or replacement trees must be provided on site and
demonstrated by the calculations made in Schedule E (g). If soil volume is insufficient, replacement trees will
not be permitted.
(n)
It must include a summary table counting replacement trees required, tree minimum, and
calculating cash-in-lieu amounts, as shown in the example below:
Count
Multiplier
Total
ONSITE Minimum replacement tree requirement
A. Protected trees removed
X 1
A.
B. Replacement trees proposed per
Schedule "E", Part 1
X 1
B.
C. Replacement trees proposed from
Schedule "E", Part 2
X 0.5
C.
D. Replacement trees proposed per
Schedule "E", Part 3
X 1
D.
E. Total replacement trees proposed (B+C+D) Round down to
nearest whole number
E.
F. Onsite replacement tree deficit (A-E) Record 0 if negative
number
F.
ONSITE Minimum trees per lot requirement (onsite trees)
G. Tree minimum on lot*
G.
H. Protected trees retained (other than
specimen trees)
X 1
H.
I. Specimen trees retained
X 3
I.
J. Trees per lot deficit (G-(B+C+H+I) Record 0 if negative
number
J.
OFFSITE Minimum replacement tree requirement (offsite trees)
K. Protected trees removed
X 1
K.
L. Replacement trees proposed per
X 1
L.
31
Schedule "E", Part 1 or Part 3
M. Replacement trees proposed from
Schedule "E", Part 2
X 0.5
M.
N. Total replacement trees proposed (L+M) Round down to
nearest whole number
N.
O. Offsite replacement tree deficit (K-N) Record 0 if negative
number
O.
Cash-in-lieu requirement
P. Onsite trees proposed for cash-in-lieu Enter F. or J.,
whichever is the greater number
P.
Q. Offsite trees proposed for cash-in-lieu Enter O.
Q.
R. Cash-in-lieu proposed ((P+Q) X $2,000)
R.
* Refer to Schedule "F"
(o)
It must include the signature of the arborist.
(p)
It must either:
(i)
be dated within one year of the tree permit application date, or
(ii)
have a covering letter from the original author stating that they have visited the site
and the conditions and recommendations contained in the original report remain
valid.
(q)
Any revisions or amendments to an existing arborist report must be made to the original
report and all changes identified.
4
Where the original arborist report submitted to the City is incomplete or inaccurate, the Director
may:
(a)
retain the services of an independent arborist or other professional to review an arborist
report, and
(b)
the cost of the independent arborist report must be paid by the owner prior to issuance of
the tree permit.
32
SCHEDULE "D"
TREE PROTECTION BARRIER REQUIREMENTS
1
The requirements for tree protection barriers are as follows:
(a)
The barrier must be placed around the outside of the protected root zone of the tree, or as
approved by the Director; and
(b)
The barrier must meet the following specifications:
(i)
it must have a minimum height of 1.2 m,
(ii)
38 mm x 89 mm timbers must be used for vertical posts, top and bottom rails (in
rocky areas, metal posts (T-bar or rebar) drilled into rock will be accepted), and
cross-bracing (in an "X"),
(iii)
spacing between vertical posts must be a maximum of 3.0 metres on center,
(iv)
the structure must be sturdy with vertical posts driven firmly into the ground,
(v)
there must be continuous plastic mesh high visibility screening (e.g. orange snow
fencing), and
(vi)
it must have visible all weather 500 mm x 500 mm signage on it with the wording
"Warning - Tree Protection Area".
2
Below is an example showing an acceptable barrier:
33
SCHEDULE "E"
REPLACEMENT TREE REQUIREMENTS
A.
Replacement Tree Plan
1
The purpose of the replacement tree plan is to show where new trees will be planted on site as
replacements for protected trees. It must identify all protected trees that are to be retained, and
the species and location of all proposed replacement trees.
2
The replacement tree plan must:
(a)
Be prepared by an arborist or landscape architect.
(b)
Show trees to be retained.
(c)
Show the location and species of proposed replacement trees consistent with the
requirements in Schedule E, Part 4 Siting.
(d)
Include a title block with north arrow, bar scale, date and company name, and a legend to
identify symbols.
(e)
Date all plans and revisions.
(f)
Define connected areas of soil where tree roots could reasonably grow as 'Planting
Areas'. A Planting Area is defined by the estimated extent of connected soil volume on or
adjacent to the lot. Where there is a barrier to root growth between two areas of soil, then
each area of soil would be a separate Planting Area. Each Planting Area must be
assigned a unique number.
(g)
Include a table as shown in the example below calculating the estimated soil volume that
will be provided for each Planting Area.
Replacement Trees
Proposed
Soil Volume Required (m3)
Planting
Area ID
Area
(m2)
Soil volume
multiplier*
A.
Estimated
soil volume
B.
#Small
C.
# Medium
D.
#Large
E.
Small
F.
Medium
G. Large
Total **
Onsite
Planting
Area X
Offsite (excluding City property)
Planting
Area OSA
X
Calculation Instructions
E
F
G
Total
Calculation
If B=1,
Bx8
If B>1,
Bx6
If C=1,
Cx20
If C>1,
Cx15
If D=1,
Dx35
If D>1,
Dx30
E+F+G
* On ground (excluding exposed bedrock): use 1, On structure: use depth of soil, On soil cells: use 0.92, On
structural soil: use 0.2
** Total must not exceed A. If Total exceeds A, then the number or size of proposed replacement trees must be
reduced.
34
B.
Part 1 - Replacement species acceptable for 1:1 replacement
Genus
Species
Cultivated
Variety
Common Name
Class
Size
Abies
nordmanniana
Nordmann fir
Conifer
Large
Abies
balsamea
Balsam fir
Conifer
Medium
Abies
fraseri
Fraser fir
Conifer
Medium
Abies
concolor
White fir
Conifer
Medium
Acer
macrophyllum
Big Leaf maple
Deciduous
Large
Acer
saccharum
Sugar maple
Deciduous
Large
Acer
miyabei
Rugged
Ridge
Rugged Ridge maple
Deciduous
Medium
Acer
rubrum
Armstrong
Armstrong maple
Deciduous
Medium
Acer
rubrum
Red maple
Deciduous
Medium
Acer
saccharum
Legacy
Legacy sugar maple
Deciduous
Medium
Acer
truncatum
Crimson
Sunset
Pacific Sunset maple
Deciduous
Medium
Aesculus
indica
Indian horse chestnut
Deciduous
Medium
Aesculus
X carnea
Briotii
Red horse chestnut
Deciduous
Medium
Alnus
rubra
Red alder
Deciduous
Large
Arbutus
menziesii
Arbutus
Broadleaf
evergreen
Medium
Betula
nigra
Dura Heat
Dura Heat birch
Deciduous
Medium
Calocedrus
deccurens
Incense cedar
Conifer
Large
Carpinus
betulus
Fastigiata
Pyramidal hornbeam
Deciduous
Medium
Castanea
mollissima
Chinese chestnut
Deciduous
Medium
Catalpa
bignonioides
Southern catalpa
Deciduous
Large
Catalpa
speciosa
Northern catalpa
Deciduous
Medium
Celtis
occidentalis
Common hackberry
Deciduous
Medium
Cercidiphyllum
japonicum
Japanese katsura tree
Deciduous
Medium
Cladrastis
kentukea
American yellowood
Deciduous
Medium
Cladrastis
kentukea
Perkins
Pink
Perkins Pink American
yellowwood
Deciduous
Medium
Cornus
nuttallii
Pacific dogwood
Deciduous
Medium
Corylus
colurna
Turkish filbert
Deciduous
Medium
Cryptomeria
japonica
Japanese cedar
Conifer
Large
Cupressus
nootkatensis
Yellow cedar
Conifer
Large
Fagus
sylvatica
Asplenifolia
Fern leaved beech
Deciduous
Large
Fagus
sylvatica
Pendula
Weeping beech
Deciduous
Large
Fagus
sylvatica
European beech
Deciduous
Large
Fagus
sylvatica
Riversii
Riversii beech
Deciduous
Medium
Fraxinus
americana
Autumn
Purple
Autumn Purple white
ash
Deciduous
Large
35
Genus
Species
Cultivated
Variety
Common Name
Class
Size
Fraxinus
latifolia
Oregon ash
Deciduous
Large
Fraxinus
pennsylvanica
Green ash
Deciduous
Large
Fraxinus
americana
Autumn
Applause
Autumn Applause ash
Deciduous
Medium
Ginkgo
biloba
Princeton
Sentry
Princeton Sentry ginkgo
Deciduous
Large
Ginkgo
biloba
Maidenhair tree
Deciduous
Large
Gleditsia
triacanthos
Honey locust
Deciduous
Medium
Gleditsia
triacanthos
Shademast
er
Shademaster locust
Deciduous
Medium
Gymnocladus
dioicus
Kentucky coffeetree
Deciduous
Large
Gymnocladus
dioicus
Espresso
Espresso coffeetree
Deciduous
Large
Juglans
nigra
Black walnut
Deciduous
Large
Juglans
regia
English walnut
Deciduous
Large
Larix
decidua
European larch
Deciduous
conifer
Large
Liquidambar
styraciflua
Sweetgum
Deciduous
Large
Liquidambar
styraciflua
Worplesdo
n
Worplesdon sweetgum
Deciduous
Large
Liriodendron
tulipifera
Arnoldii
Arnold tulip tree
Deciduous
Large
Liriodendron
tulipifera
Tulip tree
Deciduous
Large
Magnolia
accuminata
Yellow Bird
Yellow Bird magnolia
Deciduous
Medium
Magnolia
kobus
Kobus magnolia
Deciduous
Medium
Malus
fusca
Pacific crabapple
Deciduous
Medium
Metasequoia
glyptostroboide
s
Dawn redwood
Deciduous
conifer
Large
Nyssa
sylvatica
Tupelo
Deciduous
Medium
Ostrya
virginiana
Ironwood
Deciduous
Medium
Picea
abies
Norway spruce
Conifer
Large
Picea
orientalis
Oriental spruce
Conifer
Large
Pinus
densiflora
Japansese red pine
Conifer
Medium
Pinus
thunbergii
Japanese black pine
Conifer
Medium
Pinus
contorta
Contorta
Shore pine
Conifer
Medium
Populus
tremuloides
Quaking aspen
Deciduous
Medium
Pseudotsuga
menziesii
Douglas fir
Conifer
Large
Quercus
garryana
Garry oak
Deciduous
Large
Quercus
robur
English Oak
Deciduous
Large
Quercus
bicolor
Swamp white oak
Deciduous
Large
Quercus
coccinea
Scarlett oak
Deciduous
Large
Quercus
dentata
Japanese Emperor oak
Deciduous
Large
Quercus
macrocarpa
Bur oak
Deciduous
Large
Quercus
phellos
Willow oak
Deciduous
Large
36
Genus
Species
Cultivated
Variety
Common Name
Class
Size
Quercus
rubra
Red oak
Deciduous
Large
Quercus
frainetto
Hungarian oak
Deciduous
Medium
Quercus
robur
Fastigiata
Pyramidal English oak
Deciduous
Medium
Robinia
pseudoacacia
Black locust
Deciduous
Large
Robinia
pseudoacacia
Frisia
Golden Black Locust
Deciduous
Medium
Salix
lasiandra
Pacific willow
Deciduous
Medium
Styphnolobiu
m
japonicum
Japanese pagodatree
Deciduous
Large
Taxodium
distichum
Baldcypress
Deciduous
conifer
Large
Tilia
cordata
Little leaf linden
Deciduous
Large
Tilia
americana
Deciduous
Large
Ulmus
americana
Brandon
Brandon elm
Deciduous
Medium
Ulmus
parvifolia
Lacebark elm
Deciduous
Medium
Zelkova
serrata
Green Vase
Green Vase zelkova
Deciduous
Medium
Zelkova
serrata
Japanese zelkova
Deciduous
Medium
Or another species acceptable to the Director that has a height at maturity of greater than 10.0 m
C.
Part 2 - Replacement species acceptable for 2:1 replacement
Genus
Species
Cultivated
Variety
Common Name
Class
Size
Acer
davidii
David's maple
Deciduous
Small
Acer
truncatum
Shangtung maple
Deciduous
Small
Acer
griseum
Paperbark maple
Deciduous
Small
Chitalpa
tashkentensis
Chitalpa
Deciduous
Small
Cornus
kousa
Satomi
Satomi dogwood
Deciduous
Small
Cornus
X Venus
Venus
Venus dogwood
Deciduous
Small
Crataegus
douglasii
Black hawthorn
Deciduous
Small
Davidia
involucrata
Hankerchief tree
Deciduous
Small
Frangula
purshiana
Cascara
Deciduous
Small
Koelreuteria
paniculata
Goldenraintree
Deciduous
Small
Maackia
amurensis
Amur mackia
Deciduous
Small
Magnolia
x Galaxy
Galaxy magnolia
Deciduous
Small
Magnolia
grandiflora
Victoria
Victoria magnolia
Broadleaf
evergreen
Small
Oxydendrum
arboreum
Sourwood
Deciduous
Small
Parrotia
persica
Persian ironwood
Deciduous
Small
Parrotia
persica
Ruby Vase
Ruby Vase persian
Ironwood
Deciduous
Small
37
Genus
Species
Cultivated
Variety
Common Name
Class
Size
Phellodendron
amurense
Amur cork tree
Deciduous
Small
Pistacia
chinensis
Chinese pistache
Deciduous
Small
Prunus
sargentii
Sargent's cherry
Deciduous
Small
Quercus
ilex
Holly oak
Broadleaf
evergreen
Small
Sorbus
x hybridia
Oakleaf mountain ash
Deciduous
Small
Stewartia
pseudocamilia
Japanese stewartia
Deciduous
Small
Styrax
obassia
Fragrant snowbell
Deciduous
Small
Taxus
brevifolia
Pacific yew
Deciduous
Small
Or another species acceptable to the Director that has a height at maturity of less than 10.0 m
D.
Part 3 - Replacement species acceptable for 1:1 replacement for trees above structures
Where the soil volume available on structure is 6.0 m3 per tree or more:
Genus
Species
Cultivated
Variety
Common Name
Class
Acer
griseum
Paperbark maple
Deciduous
Chitalpa
tashkentensis
Chitalpa
Deciduous
Cornus
kousa
Satomi
Satomi dogwood
Deciduous
Cornus
X Venus
Venus
Venus dogwood
Deciduous
Crataegus
douglasii
Black hawthorn
Deciduous
Maackia
amurensis
Amur mackia
Deciduous
Magnolia
x Galaxy
Galaxy magnolia
Deciduous
Magnolia
grandiflora
Victoria
Victoria magnolia
Broadleaf
evergreen
Oxydendrum
arboreum
Sourwood
Deciduous
Parrotia
persica
Persian ironwood
Deciduous
Parrotia
persica
Ruby Vase
Ruby Vase persian Ironwood
Deciduous
Sorbus
x hybridia
Oakleaf mountain ash
Deciduous
Styrax
obassia
Fragrant snowbell
Deciduous
Taxus
brevifolia
Pacific yew
Deciduous
In addition to the previous species, where the soil volume available on structure is 10.0 m3 per
tree or more:
Genus
Species
Cultivated
Variety
Common Name
Class
Acer
davidii
David's maple
Deciduous
Koelreuteria
paniculata
Goldenraintree
Deciduous
Malus
fusca
Pacific crabapple
Deciduous
Phellodendron
amurense
Amur cork tree
Deciduous
38
Genus
Species
Cultivated
Variety
Common Name
Class
Quercus
ilex
Holly oak
Broadleaf
evergreen
In addition to the previous species, where the soil volume available on structure is 15.0 m3 per
tree or more:
Genus
Species
Cultivated
Variety
Common Name
Class
Acer
miyabei
Rugged
Ridge
Rugged Ridge maple
Deciduous
Magnolia
accuminata
Yellow Bird
Yellow Bird magnolia
Deciduous
Magnolia
kobus
Kobus magnolia
Deciduous
Pinus
densiflora
Japansese red pine
Conifer
Pinus
thunbergii
Japanese black pine
Conifer
Pinus
contorta
Contorta
Shore pine
Conifer
Or, for any of the above soil volumes, another species acceptable to the Director that is likely to
flourish in the soil volume provided on the structure
E.
Part 4 - Requirements for siting, soil volume, timing of planting, and size of stock
Siting
1
Replacement trees must be planted:
(a)
At least 2.0 m away from a building foundation wall,
(b)
At least 1.0 m away from any property line of a lot, above and underground utility,
driveway or other paved surface, and
(c)
In a location approved by the Director.
2
Every replacement tree must be spaced from existing trees and other replacement trees in
accordance with the table below to ensure the best chance of survival of the replacement and
existing trees.
Row
#
Tree Size
Min spacing
1
Small tree (Schedule "E", Part 2)
2.0 m
2
Medium tree (Schedule "E", Part 1)
4.0 m
3
Large tree (Schedule "E", Part 1)
6.0 m
Soil volume
3
The applicant must demonstrate that appropriate soil volume will be provided for any
39
replacement tree in accordance with the recommended targets in Schedule "E", Parts 1, 2 and 3
or as approved by the Director.
Row
#
Tree Size
Min
soil
volume
(m3)
Shared or
irrigated soil
volume (m3)
1
Small tree (Schedule "E", Part 2)
8.0
6.0
2
Medium tree (Schedule "E", Part 1)
20.0
15.0
3
Large tree (Schedule "E", Part 1)
35.0
30.0
4
Soil volume shall be calculated as:
(a)
On ground: Surface area (Length x Width) of connected pervious x 1
(b)
On structure:
(i)
Soil: Volume of soil (Length x Width x Depth)
(ii)
Soil cells: Volume of soil cell installation (Length x Width x Depth) x 0.92
(iii)
Structural soil: Volume of structural soil (Length x Width x Depth) x 0.2
5
Replacement trees must meet the applicable plant condition and structure requirements set out
in the latest edition of the CNLA/CSLA "Canadian Landscape Standard" and the CNLA
"Canadian Nursery Stock Standard".
Timing of planting
6
Replacement trees must be planted during the suitable local planting seasons generally defined
as fall (September - November) and spring (February - April).
7
Despite section 6, where planting must occur outside of the prescribed time periods, then a
strategy for ensuring the trees are watered (in the summer) and appropriately cared for must be
included as part of the tree permit application.
Size of stock
8
Replacement trees must be:
(a)
For sites of development related tree permits, a minimum of 6.0 cm caliper at time of
planting for deciduous trees, and a minimum of 2.0 m in height for coniferous trees, or
(b)
For all other sites, a minimum 4.0 cm caliper or 10 gallon pot size for deciduous trees, and
a minimum of 1.5 m in height for coniferous trees, except for the tree species Arbutus
menziesii, which must be contained in a #5 pot when acquired from a nursery or a
landscaper-supplier, or
(c)
Despite the above subsections, replacement trees may be of a comparable size approved
by the Director if obtaining the above sizes is not possible.
40
SCHEDULE "F"
MINIMUM NUMBER OF TREES REQUIRED PER LOT
The number of trees required per lot is determined by lot area as follows:
Row
#
Area (m2)
Trees Required
1
<300
1
2
300 - 499
2
3
500 - 699
3
4
700 - 899
4
5
900 - 1099
5
6
1100 - 1299
6
7
1300 - 1499
7
8
1500 - 1699
8
9
1700 - 1899
9
10
1900 - 2099
10
11
2100 - 2299
11
12
2300 - 2499
12
13
2500 - 2699
13
14
2700 - 2899
14
15
2900 - 3099
15
16
3100 - 3299
16
17
3300 - 3499
17
18
3500 - 3699
18
19
3700 - 3899
19
20
3900 - 4099
20
21
4100 - 4299
21
22
4300 - 4499
22
23
4500 - 4699
23
24
4700 - 4899
24
25
4900 - 5099
25
26
5100 - 5299
26
41
27
5300 - 5499
27
28
5500 - 5699
28
29
5700 - 5899
29
30
5900 - 6099
30
31
6100 - 6299
31
32
6300 - 6499
32
33
6500 - 6699
33
34
6700 - 6899
34
35
6900 - 7099
35
36
7100 - 7299
36
37
7300 - 7499
37
38
7500 - 7699
38
39
7700 - 7899
39
40
7900 - 8099
40
41
8100 - 8299
41
42
8300 - 8499
42
43
8500 - 8699
43
44
8700 - 8899
44
45
8900 - 9099
45
46
9100 - 9299
46
47
9300 - 9499
47
48
9500 - 9699
48
49
9700 - 9899
49
50
9900 - 10099
50
51
>10099
The following formula applies,
rounded to the nearest integer:
𝐿𝐿𝐿𝐿𝐿𝐿𝐿𝐿𝐿𝐿𝐿𝐿 𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎 (𝑚𝑚𝑚𝑚2)
200
42
SCHEDULE "G"
LETTER OF ASSURANCE REQUIREMENTS
1
The purpose of the letter of assurance is to list and describe the specific areas or activities
requiring arborist supervision as prescribed in the arborist report and confirm that the arborist and
owner agree that the arborist will be onsite to supervise these specific areas or activities. An
arborist must be onsite for activities described in the arborist report, whenever work occurs in or
around the protected root zone of a protected tree and when a tree protection barrier is removed.
2
The letter of assurance must be from the arborist and the owner to the City, and state that the
arborist will perform or supervise work in specific areas or activities described in the arborist
report, and may include, but is not limited to, specifications regarding:
(a)
pre-construction treatment of trees, including root and branch pruning,
(b)
in-construction tree protection measures including mulching, ground protection, irrigation
and decompaction treatments,
(c)
regular on-site inspections during construction, and reporting any violation of this Bylaw to
the Director,
(d)
restorative landscape treatment, including soil renovation,
(e)
selection and planting of any replacement trees required under this Bylaw, and
(f)
a post-construction inspection of the site.
3
The letter of assurance must include statements confirming that the arborist will prepare:
(a)
Site supervision memos that document each arborist supervision visit, including what was
supervised, any damage observed, and photos showing the site before work starts, during
work and after work is completed for each area or activity listed in the letter of assurance,
(b)
Impact assessments detailing observed or suspected damage and mitigation options if
required by the Director, and
(c)
A post-construction report upon completion of all construction that confirms all supervision
visits, impact assessments and mitigation works were completed in accordance with the
approved arborist report, letter of assurance, or impact assessment, certified correct by
the arborist and supported by site supervision memos, for submission in a timely manner
to the Director.
4
The letter of assurance must include a statement acknowledging that it is the owner's
responsibility to coordinate the arborist to be on-site per the letter of assurance requirements and
that failure to follow any requirements in the letter of assurance is considered a violation of the tree
permit for the site.
5
The letter of assurance must be signed by the arborist and owner.
[END OF TREE PROTECTION BYLAW]
43
APPENDIX 1
Schedule LL
Tree Protection Bylaw
Offences and Fines
Item
#
Column 1 - Offence
Column 2 - Section
Column 3 - Set Fine
Column 4 - Fine if
paid within 30 days
1
Cut/damage/prune/
remove tree in conflict
with Bylaw
4(1)
$1,000.00
$850.00
2
Cut/damage/prune/
remove tree in conflict
with tree permit
4(1)(b)
$1,000.00
$850.00
3
Not comply with Bylaw
4(2)
$1,000.00
$850.00
4
Not comply with tree
permit
4(3)
$1,000.00
$850.00
5
Alter/falsify/
misrepresent
information on tree
permit/application
4(4)
$300.00
$250.00
6
Fail to obtain tree
permit to cut/prune/
remove
5(1)
$300.00
$250.00
7
Fail to obtain tree
permit for replacement
5(2)
$300.00
$250.00
8
Fail to provide
information to Director
6(1)
$300.00
$250.00
9
Fail to apply for tree
permit for construction
or disturbing site
6(2)
$300.00
$250.00
10
Fail to comply with tree
permit conditions
9(2)
$1,000.00
$1,000.00
11
Fail to provide evidence
of emergency
15(2)(a)
$1,000.00
$850.00
12
Fail to take action to
obtain tree permit
15(2)(b)
$300.00
$250.00
13
Removal of tree
remains before
Director's determination
15(3)
$175.00
$125.00
14
Fail to replace tree
removed in emergency
15(4)
$750.00
$750.00
15
Cut/prune/remove
when tree is not failing
15(5)
$1,000.00
$1,000.00
16
Fail to prune/cut/
remove when required
by Director
16(1)
$175.00
$125.00
17
Fail to identify trees for
removal
17(1)
$250.00
$200.00
44
18
Fail to post public
notice as required
17(2)
$150.00
$125.00
19
Fail to dispose of tree
parts as required
17(3)
$125.00
$75.00
20
Fail to
cut/prune/remove/
retain/replace tree in
best practice
18(1)
$750.00
$650.00
21
Construction/site
disturbance without tree
protection
18(2)(a)
$750.00
$650.00
22
Construction/site
disturbance without
Director approval
18(2)(b)
$750.00
$650.00
23
Construction/site
disturbance without tree
permit
18(2)(c)
$750.00
$650.00
24
Fail to leave tree
protection in place
18(3)
$750.00
$650.00
25
Fail to restore tree
protection
18(4)
$750.00
$650.00
26
Fail to do mitigation
work when required
19(1)(a)
$1,000.00
$850.00
27
Removal of tree
remains without
authorization
19(3)
$400.00
$350.00
28
Fail to plant
replacement
20(1)
$750.00
$750.00
29
Fail to plant
replacement on same
lot
20(6)
$750.00
$750.00
30
Fail to achieve tree
minimum
21(1)
$750.00
$750.00
31
Fail to plant
replacement in time
22(1)
$300.00
$250.00
32
Fail to plant/maintain in
accordance with
requirements
22(2)
$750.00
$750.00
33
Fail to replace/maintain
as required
22(3)(a)
$750.00
$750.00
34
Prevent/obstruct
inspection
28(2)
$500.00
$500.00
35
Fail to comply with
order/notice/Bylaw
29(1)
$500.00
$450.00
36
Activity when Stop
Work notice effective
29(3)
$500.00
$450.00