Tree Protection Bylaw No. 2407 (consolidated)

White Rock, British Columbia

This is the exact embedded text of the captured official document. Snapshot e37f67b82a97 · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

White-Rock-Tree-Protection-Bylaw-2021-No-2407" municipality_ids: - gx-000158 content_type: "application/pdf" captured_at: "2026-06-08T05:38:58+00:00" normalize_method: "pdf-pymupdf" normalize_version: "0.2" needs_ocr: false char_count: 44131 --- THE CORPORATION OF THE CITY OF WHITE ROCK BYLAW 2407 A Bylaw to regulate and prohibit the cutting, removal and damage of protected trees through the issuance of Tree Management Permits and the establishment of requirements for tree replacement and the posting of securities for tree protection and tree maintenance. DISCLAIMER: THIS BYLAW IS CONSOLIDATED FOR CONVENIENCE ONLY. THE CITY DOES NOT WARRANT THAT THE INFORMATION CONTAINED IN THIS CONSOLIDATION IS CURRENT. IT IS THE RESPONSIBILITY OF THE PERSON USING THIS CONSOLIDATION TO ENSURE THAT IT ACCURATELY REFLECTS CURRENT BYLAW PROVISIONS. Consolidated as of October 2025 TABLE OF CONSOLIDATION BYLAW DATE APPROVED AMENDMENT NO. SUBJECT MATTER 2550 October 6, 2025 1 Section 1, Part 7 CONSOLIDATED Version - White Rock Tree Protection Bylaw, 2021, No. 2407 Page 2 of 18 WHEREAS pursuant to Sections 8(3) (c) and 50 to 52 of the Community Charter, a City may, by bylaw, exercise certain powers to preserve and protect trees within the City, regulate the removal of trees, and require their replacement; AND WHEREAS trees provide an essential environmental function in sequestering carbon dioxide, being a known contributor to climate change, while also helping to reduce the urban heat island effect; AND WHEREAS trees can provide habitat for birds and wildlife; AND WHEREAS the root system of trees can provide for slope stabilization and the uptake of stormwater helping to protect against damage to property, threats to human safety, and lessened impacts to municipal infrastructure; AND WHEREAS Council considers it is in the public interest to provide for the conservation and propagation of trees, and the regulation of their removal and replacement; THEREFORE under its statutory powers, including Sections 8(3) (c) and 50 to 52 of the Community Charter, the Council of the Corporation of the City of White Rock, in open meeting assembled, enacts the following provisions: Part 1 -Introductory Provisions Title 1. This Bylaw may be cited as "White Rock Tree Protection Bylaw, 2021 No. 2407" Purpose 2. This Bylaw is intended to: (a) Protect trees on private property and City-Owned Properties within the City; (b) Prohibit the removal of protected trees in the City of White Rock without a permit; (c) Prohibit the damaging of protected trees; (d) Regulate and establish requirements for the removal, preservation, protection and replacement of protected trees through a permit process; and, (e) Set forth inspection and enforcement provisions for protected tree conservation, removal and replacement, and penalties for damaging or removing protected trees without a permit. CONSOLIDATED Version - White Rock Tree Protection Bylaw, 2021, No. 2407 Page 3 of 18 Definitions 3. The following words and terms shall be used in applying the provisions of this Bylaw. Where any word or term is not defined, a standard English dictionary shall be used to aid in matters of interpretation. "Applicant" means the person(s) making application to the City of White Rock for a Tree Management Permit. An Applicant may be the Owner(s) or an authorized agent working on behalf of the Owner(s). "Arborist" means a tree care professional who: (a) is recognized as a Certified Arborist by the International Society of Arboriculture (ISA); and (b) holds a valid ISA Tree Risk Assessment Qualification (TRAQ) "Arborist Report" or "Tree Assessment Report" means a report prepared by an Arborist or Project Arborist which includes: (a) a description of the subject property and proposal warranting the application; (b) a table identifying each protected tree on-site and off-site captured within the Tree Survey (Inventory) including: the tree species, size in DBH, critical root zone, Tree Protection Zone, condition and risk rating, reason for the removal, as well as any other information relevant to reviewing the potential impact of the proposal on the tree(s); (c) colour photographs of the protected tree(s) in the context of the site, including photos of any aspect of the tree(s) which relate to their health / condition (e.g., evidence of structural defects, insect infestation, etc.); (d) the reason for any proposed removal of a protected tree, including reference to efforts undertaken to limit tree removal by way of alternative building siting and design; (e) for protected trees that are part of a stand of trees, comments on the impact of tree removal on the stability of the remaining trees in the stand; (f) for high risk trees, include a completed copy of the "ISA Tree Risk Assessment Form" and provide a summary of pruning and/or removal mitigation options in the event that tree removal is not necessary; (g) the following drawings / plans must be included in the Report, as applicable, with the scope of such satisfying the requirements included in the definition of each item (term): a. Tree Survey (Inventory); b. Tree Protection Plan; and c. Tree Replacement Plan; (h) includes the Arborist's ISA Certification Number and TRAQ credential; and (i) includes the City of White Rock business license number The scope of an Arborist Report or Tree Assessment Report may be modified on the basis of the extent of work proposed as determined by the City. "Arboricultural Technician" means someone employed by the City and assigned the responsibility of administering Tree Management Permits applications made pursuant to the provisions of this Bylaw. CONSOLIDATED Version - White Rock Tree Protection Bylaw, 2021, No. 2407 Page 4 of 18 "branch" means a shoot or stem arising from a stem or trunk. "caliper" means the diameter of a tree at 15 centimeters (6 inches) above the natural grade of the ground, measured from the base of tree. "City" means the Corporation of the City of White Rock. "City-Owned Properties" means all properties owned by the City of White Rock, plus all road rights-of-way and dedications under the jurisdiction of the City of White Rock. "conifer" or "coniferous" means a tree that has needle-shaped or scale-like leaves and is cone-bearing. "Coordinated Site Development Plan (CSDP)" means a site development plan for a project that has been coordinated with all project consultants and reviewed, approved and signed by the owner (or authorized agent), Architect, Landscape Architect, Project Arborist, and Builder (the "Project Team"), where appropriate. "Council" means the municipal Council of the Corporation of the City of White Rock. "crown" means the upper branching or spreading part of the tree. "critical root zone" means the area of land surrounding the trunk of a tree contained within a radius equal to the DBH of the tree multiplied by six (6), or one (1) metre beyond the drip line of the tree, whichever is greater. "cut" or "cutting" means to cut down a tree and shall include to pull up, push or pull over or otherwise fall a tree. "damage", "damaged", or "damaging" means any action which will cause, or is reasonably likely to cause, a tree to die or to decline in health, including, but not limited to: (a) girdling, ringing, removing bark, denting, gouging, puncturing, using spurs to prune or maintain, poisoning, burning, undermining structural roots within the critical root zone, excessive pruning, excessive crown lifting or raising, topping, or any other activity not undertaken in accordance with sound arboricultural practice; and (b) disturbing the lands within a Tree Protection Zone or critical root zone through site grading, excavation, the deposition of soil or any other material (e.g., construction CONSOLIDATED Version - White Rock Tree Protection Bylaw, 2021, No. 2407 Page 5 of 18 waste, lumber, landscaping products, etc.), and the use of heavy equipment, which could result in soil compaction, impacts to water infiltration, and irreparable harm to root systems. "deciduous" means a tree that naturally loses most or all of its leaves seasonally, most often in or around autumn. "diameter at breast height" or "DBH" (a) means the diameter of the trunk of a tree measured 1.4 metres above the highest point of natural grade of land measured from the base of the tree; (b) in the case of a tree with two trunks, shall be measured 1.4 metres above the natural grade of land at the base of the tree and the DBH shall equal the cumulative total of the two trunks; or (c) for multi-trunk or multi-stemmed trees, each trunk or stem shall be measured 1.4 metres above the natural grade of land at the base of the tree and the DBH shall equal the cumulative total of the three largest trunks. "Director of Planning and Development Services" or "Director" means the person appointed by Council as the Director of Planning and Development Services or the duly authorized designate. "drip line" means the line around the trunk of a tree defined by the outermost extent of branches of the tree drawn vertically down to the natural grade. "hazardous tree" means a tree assessed against the ISA Basic Tree Risk Assessment Form by an Arborist, and has an "extreme" risk rating or with an "imminent" likelihood of failure which cannot be mitigated through maintenance. "hedge" means four or more trees or shrubs 6 metres high or less, planted 1 metre or less apart, that forms a continuous, linear screen of vegetation that provides privacy, fencing, wind breaking, and/or boundary definition. "live crown ratio" means the percentage of the height of the crown containing live foliage to the overall height of the tree. "lot" or "property" means an area designated as a separate and distinct entity on a legally recorded subdivision plan or description filed under the Land Title Act or Strata Property Act in the Land title Office, or surveyed and registered under the Land Act. Distinction is provided for: a "fee-simple lot" which applies to lots created by subdivision under Part 7 of the Land Title Act; a "strata lot" which applies to lots created by subdivision under Part 14 of the Strata Property Act; and, a CONSOLIDATED Version - White Rock Tree Protection Bylaw, 2021, No. 2407 Page 6 of 18 "lease lot" which applies to a parcel of land created by subdivision under Part 7 of the Land Title Act for the purpose of a lease of more than three (3) years. "lower value tree" means a protected tree with structural issues from past pruning or natural causes, or a severely diseased protected tree with limited life expectancy, as determined by the City. "natural causes" means death or decline of a tree as a result of natural diseases, pests, climactic, hydrological and geotechnical conditions, inherent structural defects or senescence. "natural grade" means the grade of the lot prior to any construction or alteration of the site. "Official Community Plan" means the Official Community Plan of the City of White Rock, No. 2220, as may be amended or replaced from time to time. "off-site tree" means a tree of any size within four (4) metres of the legal boundaries of the lot, including shared trees. "on-site tree" means a tree of any size within the legal boundaries of the lot. "owner" means the registered owner in fee simple of a lot. "Project Arborist" Means an Arborist hired by the Applicant. "protected tree" means any one or more of the following: (a) a tree with a DBH of 20cm or greater; (b) a replacement tree of any size planted as a requirement of a Tree Management Permit; (c) a tree, hedge, or shrub of any size on City-Owned Properties; (d) a tree with evidence of nesting or use by raptors as defined in the Wildlife Act, R.S.B.C. 1996, c. 488 or the nest of an eagle, peregrine falcon, gyrfalcon, osprey, heron or burrowing owl; and (e) an Arbutus (Arbutus menziesii), Garry Oak (Quercus garryana), or Pacific Dogwood (Cornus nutalii) of any size. "replacement tree" means a tree required to be planted using sound arboricultural practices in accordance with the provisions of this Bylaw and being recognized as a tree which contributes to the ecological diversity of plant species in the City. CONSOLIDATED Version - White Rock Tree Protection Bylaw, 2021, No. 2407 Page 7 of 18 "remove" or "removed" means to cut a tree and/or to remove it from the lot where it exists, or the elimination of any tree from its present location. "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 City-owned property. "sound arboricultural practice" means the practices endorsed by the International Society of Arboriculture recommended by the American National Standards Institute (ANSI) in the A300 Standards for the planting, pruning and maintenance management of trees. "structural root" means large, woody, tree roots that anchor and support the trunk and crown; roots characterized by secondary thickening and relatively large diameter (greater than 2 cm diameter) giving form to the root system and functioning in anchorage and support. "stem" means a dominant leader or branch bearing buds, foliage, and giving rise to other branches and stems. "Tree Barrier Confirmation Letter" means a letter prepared by the Project Arborist, confirming through inspection, that all required Tree Protection Barriers have been constructed and located as required. The letter must include photos of the Tree Protection Barriers and a plan showing the approved location of the Tree Protection Barriers. "tree" means a woody perennial plant with a single or multiple trunk "Tree Management Permit" means the written authority granted by the City pursuant to Parts 6 and 7 of this Bylaw to regulate the protection and retention of protected trees, the removal of protected trees, and/or the removal of structural roots within the critical root zone of protected trees. "Tree Protection Barrier" means a barrier installed around a tree in a location, as outlined in Schedule A to this Bylaw, defined by the critical root zone or a larger area as recommended by the Project Arborist or the City, intended to protect the tree from damage during site work or construction. "Tree Protection Zone" (a) means the area within a defined Tree Protection Barrier; or (b) where a Tree Protection Barrier has not yet been installed as required by this Bylaw, the Tree Protection Zone shall be the area within which a Tree Protection Barrier should have been installed in accordance with this Bylaw. CONSOLIDATED Version - White Rock Tree Protection Bylaw, 2021, No. 2407 Page 8 of 18 "Tree Protection and Replacement Report" means a report prepared by the Project Arborist upon completion of all works on a site that confirms that all requirements related to tree protection outlined in the Tree Management Permit and CSDP have been followed. The report must include the following: (a) an up-to-date Tree Replacement Plan, including photos of all replacement trees, and reference to the reason for any deviation from the original Tree Replacement Plan; (b) photos of the work that was supervised including evidence that the Project Arborist was on site during the works (as required). Photos should include a date; (c) statement from the Project Arborist confirming: i) they were on site during the installation of the replacement trees; ii) that the trees were planted in accordance with ANSI standards and sound arboricultural practices; iii) that all site works were supervised throughout the completion of the works (as required); and iv) the long-term viability of all retained protected trees. "Tree Replacement Plan" means a plan which draws on the Tree Protection Plan and illustrates all protected trees to be retained and the location of any proposed replacement tree(s). The Plan should include planting details and a table summarizing the species and size of each replacement tree. "Tree Protection Plan" means a plan which draws on the Tree Survey (Inventory), illustrating: the proposed development, including any new buildings, structures, additions, service connections, alterations to driveways and other surface features; the extent of any Tree Protection Zone for each protected tree; trees proposed for removal and retention; and the location of all required Tree Protection Barriers where applicable. "Tree Survey (Inventory)" means a plan illustrating all on-site and off-site trees, including the DBH, drip line, and natural grade elevation at the base of each tree, prepared by a BC Land Surveyor. The Plan must also include existing buildings, structures, service and utility locations, and the extent of any hardened surfaces such as driveways, decking, and stone patios. "trunk" The main or primary stem or stems of a tree. "topped" or "topping" means the reduction of tree size by cutting branches, leaders and stems to stubs, without regard to long-term tree heath or structural integrity. "Zoning Bylaw" means City of White Rock Zoning Bylaw, 2012, No. 2000, as amended CONSOLIDATED Version - White Rock Tree Protection Bylaw, 2021, No. 2407 Page 9 of 18 Part 2 - Application and Exemptions 1. This Bylaw applies to protected trees within the municipal boundaries of the City of White Rock. 2. This Bylaw does not apply to protected trees that are cut, removed or damaged, pursuant to the Railway Safety Act, R.S. 1985, c. 32 (4th Supp.), the Hydro and Power Authority Act, R.S.B.C. 1996, c. 212 or the Pipeline Act, R.S.B.C. 1996, c. 364. 3. This Bylaw does not apply to protected trees on City-Owned Properties that are cut or removed by the City or its authorized agents as part of the City's operations. 4. Requests by residents for the trimming, pruning or removal of protected trees on City-Owned Properties require separate approval through the City's Department of Engineering and Municipal Operations. Part 3 - Prohibitions 1. No person shall cut, remove or damage any protected tree or cause, suffer or permit any such tree to be cut, removed or damaged, except where permitted by and in accordance with the terms of this Bylaw. 2. No person shall fail to comply with the terms and conditions of a Tree Management Permit issued pursuant to this Bylaw. 3. In the event that a protected tree is in imminent danger of falling due to natural causes and it is not possible to obtain a Tree Management Permit prior to the tree falling, the Owner may cut the tree or have it cut, but shall report the cutting of the tree to the City on the next business day. The Owner shall not remove the tree from the property until the City has visited the property and confirmed that the tree was in imminent danger of falling due to natural causes and injuring people or property. If the City determines that the tree was not in imminent danger, or was in imminent danger due to reasons other than natural causes, the City may consider the filing of an offense in accordance with Part 11 of this Bylaw. 4. No person shall alter, falsify, omit or otherwise misrepresent any information on or for a permit or application. Part 4 - Delegation of Council Authority 1. Council hereby delegates to the Director the authority but not the duty to: (a) administer the provisions of this Bylaw; and (b) approve or deny an application for a Type 1, Type 2, and Type 3 Tree Management Permit, if the application complies with the requirements for the applicable permit under Part 6. 2. Council hereby delegates to the Director the authority to grant exemptions in respect of a provision of this Bylaw, in circumstances where: (a) the presence of utility infrastructure that cannot be relocated, and/or City infrastructure, as well as sight-line areas for the safe operation of motor vehicles and safe passage of cyclists and pedestrians, impacts the ability to fully implement the provisions of this Bylaw; (b) the configuration, slope and geotechnical characteristics of the subject property, and abutting properties, impacts the ability to fully implement the provisions of this Bylaw; and (c) replacement trees having the size specified in this Bylaw are not reasonably available from area suppliers, subject to confirmation of this lack of availability. CONSOLIDATED Version - White Rock Tree Protection Bylaw, 2021, No. 2407 Page 10 of 18 Part 5 - Tree Management Permits 1. A person applying for a Demolition Permit or a Building Permit or a person wishing to cut or remove a protected tree or cut and remove roots within the critical root zone of a protected tree, must apply to the Director for a Tree Management Permit. The Tree Management Permit must be approved prior to the issuance of the Demolition or Building Permit. A Tree Management Permit is not required if it is confirmed through a Tree Survey (Inventory) and a site visit by City staff that no protected trees or critical root zones of protected trees are present within the boundaries of the lot. 2. The design of buildings and other site features (e.g., hardened walkways, driveways, outdoor patios, etc.) ought to demonstrate every effort to preserve protected trees where doing so would not take away from established density rights. The City's Arboricultural Technician may refuse to issue a Tree Management Permit if it is determined that there are reasonable alternative design options to enable tree retention. 3. A notice shall be posted at the property line of the lot for which a Tree Management Permit has been issued, in a location visible to the public and facing the street, prior to the commencement of any cutting or removal of a protected tree or roots and shall remain posted until the completion of all work related to the cutting or removal of protected trees or a portion thereof on the lot. The notice shall include a copy of the Tree Management Permit, identify by species and location the trees which are to be cut or removed, and provide a contact number for the permit holder and the City. 4. The City's Arboricultural Technician will undertake a minimum of one site inspection upon receipt of a Tree Management Permit application. 5. A Tree Management Permit is not required for the pruning of a protected tree provided that the pruning is conducted in accordance with sound arboricultural practice. The pruning and treatment of diseased trees shall be practiced where possible and practical as an alternative to the cutting or removal of a protected tree. Pruning shall, specifically, not include: (a) crown raising of lower limbs to the extent that the live crown ratio is less than 65%; (b) the removal of more than 25% of the crown in one season; and (c) the pruning or removal of a structural root within the critical root zone of a protected tree. Part 6 - Types of Tree Management Permit Applications, Submission and Approval Requirements 1. The owner of a lot where a protected tree is located shall apply for one of the following types of Tree Management Permits to remove a protected tree or prune or remove structural roots within the critical root zone of a protected tree, and shall provide the documentation outlined below. Type 1: Tree Management Permit to: a) Remove a Dead, Dying (i.e., beyond a reasonable expectation of recovery due to natural causes), or High Risk Protected tree; and b) Re-top a protected tree where the owner has shown to the Arboricultural Technician's satisfaction that re-topping for canopy restoration is required to mitigate risk and preserve the tree; Submission Requirements (subject to confirmation by Arboricultural Technician): a) Complete application form b) Title Search CONSOLIDATED Version - White Rock Tree Protection Bylaw, 2021, No. 2407 Page 11 of 18 c) Arborist Report including a completed ISA Tree Risk Assessment Form confirming the tree is high risk with an extreme risk rating (not required if documentation/photos provided confirming that the tree is an imminent hazard to the public, as indicated in Part 3 of this Bylaw) d) Letter from property owner with rationale for removal of protected tree e) If applicable, letter from adjacent property owner agreeing to proposed removal (for shared trees) Tree Management Permit Issuance Requirements a) No replacement tree requirements Type 2: Tree Management Permit to remove an Unwanted Protected tree subject to satisfying one or more of the following criteria: a) the tree's roots are destroying property and cannot be resolved with sound arboricultural practices: or: b) the tree is completely obstructing views and views cannot be resolved with sound arboricultural practices. Submission Requirements (subject to confirmation by Arboricultural Technician): a) Complete application form b) Application fee c) Title Search d) Arborist Report e) Structural Engineer report and/or Plumber report f) Letter from property owner with rationale for tree removal and commitment to plant and maintain replacement trees. g) Photos and plan showing the tree(s) proposed for removal and tree replacement. h) If applicable, letter from adjacent property owner agreeing to proposed removal (for shared trees) Tree Management Permit Issuance Requirements a) Tree replacement securities and/or combination cash-in-lieu b) Tree Replacement Plan Type 3: Tree Management Permit for a property under application for a Demolition Permit or a Building Permit: Submission Requirements (subject to confirmation by Arboricultural Technician): a) Complete application form b) Application fee c) Title Search d) Arborist Report (colour copies only) e) Legal Survey (sealed or stamped, copies not accepted) Tree Management Permit Issuance Requirements (subject to confirmation by Arboricultural Technician) a) Tree protection and replacement securities and/or combination cash-in-lieu b) Coordinated Site Development Plan (CSDP) c) Tree Barrier Confirmation Letter d) Letter from adjacent property owner(s) agreeing to proposed removals and acknowledging work around trees that are to be retained (for shared trees) e) Tree Replacement Plan CONSOLIDATED Version - White Rock Tree Protection Bylaw, 2021, No. 2407 Page 12 of 18 2. The City may require the submission of a new or updated Arborist Report at any time in the Tree Management Permit approvals process if a period of more than six months elapses between the receipt of the Report and the issuance of a Tree Management Permit. 3. Coordinated Site Development Plans (CSDP) must be submitted to the City of White Rock for approval, clearly identifying all site works proposed within or immediately adjacent to the critical root zones of all protected trees, and clearly stating when the Project Arborist is required to be on-site to supervise work. Site works to address include but are not limited to building location, excavation, site grading, site servicing, driveway location, sidewalks, retaining walls, and tree removals. Specific construction techniques must be outlined that will minimize potential impacts to protected trees, where appropriate. 4. The City may revoke a Tree Management Permit if the terms and conditions of the permit have been breached or the information supplied by the Applicant in support of the permit is found by the City to have been inaccurate, incomplete or erroneous. Part 7 - Permit Fees and Securities 1. There are no fees for a Type 1 Tree Management Permit. Fees for a Type 2 and Type 3 Tree Management Permit are outlined in the City of White Rock Fees and Charges Bylaw 2020, No. 2369, as amended. The City of White Rock Planning Procedures Bylaw, 2017, No. 2234 sets out the general procedures for managing Tree Management Permit applications. (deleted by Bylaw 2550) 1. There are no fees for a Type 1 Tree Management Permit. Fees for a Type 2 and Type 3 Tree Management Permit are outlined in the City of White Rock Fees and Charges Bylaw. (added by Bylaw 2550) 2. Any request to amend the terms of a Tree Management Permit or to address a matter which relates to compliance with the conditions of a Permit, may require the payment of a new application fee. 3. Any request to transfer a Tree Management Permit, which has been issued, to a new Owner will require the payment of new application fee in addition to the posting of replacement securities deposits and/or cash-in-lieu payments as applicable. 4. A security deposit shall be provided to the City in the form of cash, an irrevocable letter of credit in an amount determined in accordance with the provisions of this Bylaw for: a) The retention of protected trees; and b) The provision and maintenance of replacement trees that will be planted after site development and construction is complete. 5. Any irrevocable letter of credit required under this Bylaw shall be a clean, unconditional and irrevocable letter of credit drawn from a Canadian financial institution acceptable to the City. If, for any reason, the irrevocable letter of credit ceases to be an effective security or become unenforceable so as to remove or reduce its purpose as full security for the due and proper performance of the requirements of this Bylaw, the owner shall replace it with a further letter of credit acceptable to the City within 21 days prior to the expiry of the letter of credit held by the City. If the owner fails to do so, the City will draw down on the current letter of credit without notice or restriction and hold the monies in lieu thereof as security. 6. If at any time an owner fails to comply with the provisions of this Bylaw relating to requirements for retention of existing trees or replacement trees and their maintenance, the City may confiscate all or a portion of the security deposit provided. Further, securities for tree protection may be retained by the City if the Applicant damages or removes a protected tree contrary to the terms and conditions of CONSOLIDATED Version - White Rock Tree Protection Bylaw, 2021, No. 2407 Page 13 of 18 their Tree Management Permit, or if the Applicant fails to provide required information from the Project Arborist confirming that all terms and conditions of the Tree Management Permit have been met. It will be a condition of release of any security provided in accordance with this Bylaw that the City will be satisfied that the Applicant has complied with the tree protection requirements of this Bylaw and the Tree Management Permit. 7. The extent to which securities are confiscated will be dependent on the circumstances of non- compliance observed and the likelihood of retained and/or replacement trees surviving any potential impacts, as determined by the City's Arboricultural Technician. 8. Replacement trees shall be required as follows: a) Less than 50 cm DBH protected tree removed - Two (2) replacement trees b) 51 cm to 65 cm DBH protected tree removed - Three (3) replacement trees c) 66 cm to 75 cm DBH protected tree - Four (4) replacement trees d) 76 cm to 85 cm DBH protected tree - Five (5) replacement trees e) Greater than 85 cm DBH protected tree - Six (6) replacement trees Notwithstanding the foregoing, two (2) replacement trees shall be required for the removal of a lower value tree regardless of their size (DBH). 9. The security required for the provision and maintenance of replacement trees shall be $1,500 per replacement tree. 10. Where Type 3 Permits require a City-owned tree to be removed in order to accommodate construction, the City will collect $1,500 per replacement tree with a cash-in-lieu payment. 11. If replacement trees are not planted within one year of the issuance of a Type 2 Tree Management Permit, or within three years of the issuance of a Type 3 Tree Management Permit, the Applicant will forfeit the tree protection securities to the City. 12. For protected trees that are to be retained, securities deposits will be required prior to the issuance of a Tree Management Permit in the following amounts: a) $3,000 per retained protected tree with a DBH of less than 50cm; b) $4,500 per retained protected tree with a trunk DBH of 51-65cm; or, c) $10,000 per retained protected tree with a trunk DBH greater than 65 cm. Notwithstanding the foregoing, the amount of security required for a lower value tree of any size (DBH) shall be $2,500 per tree. 13. Security deposits received by the City for the purposes of tree replacement and tree retention will be held for a period of one year following the receipt of an approved Tree Protection and Replacement Report. 14. Cash-in-lieu of replacement trees and / or forfeited security deposits tied to a Tree Management Permit may be used by the City to: a) plant and maintain trees on City-Owned Properties; b) support a local tree subsidy program; and c) support educational programs and the production of related materials that contribute to the enhancement of the City's tree canopy. CONSOLIDATED Version - White Rock Tree Protection Bylaw, 2021, No. 2407 Page 14 of 18 Part 8 - Replacement trees 1. A minimum of one (1) replacement tree shall be planted for each tree removed on a lot that is the subject of a Tree Management Permit application. 2. Replacement tree species are to be proposed by the Project Arborist subject to City approval. The City encourages replacement trees that are of a species that will thrive in the proposed location's growing conditions and that are native species and/or comparable to type of tree(s) that was removed. 3. Replacement trees must meet the plant condition and structure requirements as set out in the latest edition of the "Canadian Standards for Nursery Stock" as referenced by the British Columbia Landscape and Nursery Association (BCLNA). 4. Hedges, palms, dwarf, topiary and shrub species will not be considered as replacement trees. 5. Deciduous replacement trees must have a minimum caliper of 6 centimeters and coniferous replacement trees must be at least 3 metres in height. 6. Replacement trees must satisfy the following minimum siting requirements and shall be: a. 3 metres from any retained protected tree or replacement tree; b. 3 metres from any BC Hydro line, service line, building foundation, pool and ancillary building; and c. 1 metre from any property line, driveway, underground utility / service, and retaining wall 7. Replacement trees must be planted and maintained in accordance with sound arboricultural practices. Replacement trees will not be accepted that have been planted in gravel, sand or artificial turf. 8. Only the City and its designated personnel may plant trees on City lands. 9. Where conditions on a lot make it impractical to plant replacement trees, an Applicant may make a proposal for a cash-in-lieu payment equivalent to all or a portion of the total amount securities required for replacement trees. In evaluating proposals for cash-in-lieu payments, the Project Arborist must demonstrate there are no reasonable alternatives to replacing trees within the Lot subject to the permit application. The Arboricultural Technician shall be responsible for the determination of whether cash-in-lieu payments are an acceptable alternative to tree replacement. Part 9 - Tree Protection 1. Tree Protection Barriers must be installed in accordance with Schedule A prior to the commencement of any work on the lot which requires a Tree Management Permit, with the locations as recommended by the Project Arborist and approved by the City based on the critical root zones of protected trees. 2. Signage provided by the City shall be placed around the Tree Protection Barrier. 3. All protected trees to be retained shall have a designated Tree Protection Zone, based on the critical root zone, protected with Tree Protection Barriers during demolition and building. The size of the Tree Protection Zone will only be reduced where the full critical root zone cannot be protected and the reduced Tree Protection Zone will still allow the tree to be retained. The final location of the Tree Protection Barriers must be proposed by the Project Arborist and approved by the City in the Tree Management Permit. CONSOLIDATED Version - White Rock Tree Protection Bylaw, 2021, No. 2407 Page 15 of 18 4. No demolition permit, building permit or Tree Management Permit shall be issued for work on the lot where the protected tree is located until a Tree Protection Barrier has been installed and confirmed by an approved Tree Barrier Confirmation Letter from the Project Arborist. 5. Tree Protection Barriers must remain in place throughout demolition, building, and landscaping, unless otherwise approved in the Tree Management Permit and CSDP. Tree Protection Barriers are only removed and relocated under the supervision of the Project Arborist. 6. The Project Arborist is to submit reports to the City upon completion of the demolition and building stages, confirming when they were on site and the conditions of the Tree Management Permit and CSDP were followed. Reports from the Project Arborist may be required more frequently, as outlined in the Tree Management Permit, depending on the nature of the work. 7. Site disturbance within a Tree Protection Zone is prohibited unless specifically permitted in the Tree Management Permit and CSDP, and unless such disturbance is supervised by the Project Arborist. Prohibited site disturbance includes but is not limited to: site grading, excavation, deposition or storage of soil or any other landscaping material, disposal of any toxic material, access by any vehicle or heavy equipment, use of the area as an amenity space during construction, or use of tree trunks as a winch support, anchorage, or temporary power. 6. The care and maintenance of protected trees to be retained through demolition, building and landscaping is the responsibility of the property owner and permit holder. Part 10 - Inspection and Assessment 1. The City is authorized to enter, at all reasonable times and after notification to the owner, any lot that is subject to the Bylaw to ascertain whether the regulations, prohibitions and requirements of this Bylaw or any Tree Management Permit are being met or to assess or inspect any tree or tree remains on the lot. 2. Where a protected tree has been cut or damaged on a lot in violation of this Bylaw, without a Tree Management Permit, or in excess of any permission or in violation of any terms and conditions of a Tree Management Permit, the trunks, limbs, roots and remains of the cut or damaged tree shall not be removed from the lot until an investigation and assessment by the City is completed and the removal is expressly authorized by the City. 3. Upon completion of all works and once all replacement trees required under a Tree Management Permit have been planted, the owner shall submit a Tree Protection and Replacement Report from the Project Arborist. Part 11 - Offences 1. Offences against this Bylaw are subject to fines in accordance with the Ticketing for Bylaw Offences Bylaw. Offences include but are not limited to: (a) cuts, removes or damages a protected tree contrary to this Bylaw or contrary to the terms and conditions of a Tree Management Permit; (b) violates any of the provisions of this Bylaw or a Tree Management Permit; (c) suffers or permits any act or thing to be done in contravention or violation of any provision of this Bylaw or a Tree Management Permit; or (d) alters, falsify, misrepresent or omits to do or refrains from doing anything required to be done by any of the provisions of this Bylaw or a Tree Management Permit. CONSOLIDATED Version - White Rock Tree Protection Bylaw, 2021, No. 2407 Page 16 of 18 2. For the purposes of this Bylaw, each tree cut, removed or damaged in violation of this Bylaw and each day that a violation of this Bylaw is caused or permitted to continue shall constitute a separate offence. 3. Every person who contravenes any provision of this Bylaw commits an offence punishable on summary conviction and shall be liable to a fine of not more than Ten Thousand ($10,000.00) Dollars or to imprisonment for not more than six months. Part 12 - Penalties 1. In the event that a person who commits an offense against this Bylaw fails to pay the fine before the 31st day of December in the year following the year that the fine was effected by the City, the costs shall be added to and form part of the taxes payable on the lot as taxes in arrears. 2. Prosecution of a person pursuant to Part 11 of this Bylaw does not exempt the person from the provisions of Part 12 of this Bylaw. 3. In addition to any prosecution pursuant to Part 11 of this Bylaw, where an owner cuts, removes or damages, or suffers or permits any tree to be cut, removed or damaged, in contravention of this Bylaw, or in excess of any permissions, of in violation of any terms and conditions of a tree cutting permit issued pursuant to this Bylaw, the owner shall pay the penalties imposed under this Part 12 and: (a) shall plant on the same parcel of land the number, size and species of replacement trees required by this Bylaw, as determined by the Director in accordance with this Bylaw: and, in addition, (b) where the tree cut, removed or damaged is identified in a tree preservation plan approved by the City as a tree to be retained or protected, then the Director may require the owner to plant the replacement trees at the exact location as the tree that had been cut, removed or damaged and may require that any building or structure shall not be located within the critical root zone of the replacement trees expected at full growth. Part 13 - Schedules 1. Schedule "A" forms part of this Bylaw. Part 14 - General Provisions 1. "White Rock Tree Management Bylaw, 2008, No. 1831", consolidated with amendments is hereby repealed. 2. This Bylaw shall come into force on the date of final adoption hereof. CONSOLIDATED Version - White Rock Tree Protection Bylaw, 2021, No. 2407 Page 17 of 18 RECEIVED FIRST READING on the 13 day of December, 2021 RECEIVED SECOND READING on the 13 day of December, 2021 RECEIVED THIRD READING on the 13 day of December, 2021 RECONSIDERED AND FINALLY ADOPTED on the 14 day of December, 2021 ___________________________________ DARRYL WALKER, MAYOR ___________________________________ TRACEY ARTHUR, DIRECTOR OF CORPORATE ADMINISTRATION CONSOLIDATED Version - White Rock Tree Protection Bylaw, 2021, No. 2407 Page 18 of 18 SCHEDULE "A" Specifications for Tree Protection Barriers 50 x 100 wood posts set 450mm deep into finished grade 50 x 100 wood rail, top and bottom minimum 1200 height above grade existing tree centered within tree protection plastic mesh secured to wood frame max. spacing 2m apart, use additional posts, as required to protect trees finished grade existing tree centered within tree protection protection barrier distance 6X from trunk or place at curb edge/sidewalk edge trunk diameter X distance 6X from trunk protection barrier 6X from trunk (see Table above) protection barrier 6X from trunk see Table above Install tree protection barrier before construction begins and keep in place until landscape installation is complete. Storage of building materials & litter within or against protection barrier is prohibited. Developer/Owner responsible for maintenance within Tree Protection Barrier. Damaged trees will be replaced at Developer/Owner's cost. Maintain existing grades at protection barrier for all protected retained and existing trees. Regrading outside of protection barrier should not adversely compromise protected retained and existing trees.