Williams Lake, British Columbia
· No. 2404
· adopted 2024-02-27
· summary & facts
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THE CORPORATION OF THE CITY OF
WILLIAMS LAKE
TREE PROTECTION
BYLAW NO. 2404, 2024
1
CITY OF WILLIAMS LAKE
BYLAW NO. 2404
BEING A BYLAW OF THE CITY OF WILLIAMS LAKE TO REGULATE THE REMOVAL
AND RETENTION OF TREES WITHIN THE MUNICIPALITY.
WHEREAS it is deemed desirable to regulate the removal and retention of trees within the
City of Williams Lake; and
AND WHEREAS trees are recognized as a Natural Asset of the community;
AND WHEREAS trees and tree cover provide many services for the City;
NOW THEREFORE the Council of the City of Williams Lake, in open meeting assembled,
hereby enacts as follows:
TITLE
1.1
This Bylaw may be cited for all purposes as "City of Williams Lake Tree Protection
Bylaw No. 2404, 2024".
REPEALS
1.2
Bylaw No. 2400, being "City of Williams Lake Tree Protection Bylaw No. 2400,
2023", and all amendments thereto, is hereby repealed.
i
TABLE OF CONTENTS
PART 1 - INTRODUCTION ........................................................................ 2
PURPOSE .............................................................................................................. 2
BYLAW SCHEDULES ............................................................................................ 2
PART 2 - DEFINITIONS AND APPLICATION OF BYLAW ....................... 2
DEFINITIONS ......................................................................................................... 2
APPLICATION OF BYLAW ..................................................................................... 8
PART 3 - RESTRICTIONS AND EXEMPTIONS ........................................ 8
RESTRICTIONS ..................................................................................................... 8
PUBLIC LANDS ...................................................................................................... 8
EXEMPTIONS ........................................................................................................ 9
HAZARDOUS TREES ........................................................................................... .9
PART 4 - TREE CUTTING PERMIT APPLICATION ................................. 9
GENERAL CONDITIONS OF TREE CUTTING PERMIT ....................................... 9
APPLICATION REQUIREMENTS .......................................................................... 9
PERMIT ISSUANCE OR REFUSAL ..................................................................... 11
PERMIT EXPIRY, RENEWAL, EXTENSION OR MODIFICATION ....................... 12
PART 5 - REGULATIONS ....................................................................... 13
TREE CUTTING OR REMOVAL........................................................................... 13
REPLACEMENT TREES ...................................................................................... 14
PART 6 - ADMINISTRATION .................................................................. 15
INSPECTION ........................................................................................................ 15
NOTICE OF NON-COMPLIANCE......................................................................... 15
FAILURE TO REMEDY NON-COMPLIANCE ....................................................... 16
NOTICE OF REMEDIAL REQUIREMENT ............................................................ 16
SUSPENSION OR CANCELLATION OF PERMIT ............................................... 16
RIGHT OF RECONSIDERATION ......................................................................... 17
ii
RECOVERY OF COSTS AND FEES FROM REAL PROPERTY TAXES ............ 17
PART 7 - OFFENCES AND PENALTIES ................................................ 17
PART 8 - SEVERABILITY ....................................................................... 18
PART 9 - ADOPTION .............................................................................. 18
Schedule "A" - Geotechnical Hazard Areas ......................................... 20
Schedule "B" - Tree Protection Practices ............................................ 21
Schedule "C" - Replacement Tree Stick & Planting Requirements .... 23
Bylaw No. 2404
Page 2
PART 1 - INTRODUCTION
PURPOSE
1.3
This Bylaw is enacted for the purposes of regulating the damaging, removal and
replacement of trees within the City of Williams Lake and to preserve the overall
ecological function of the Urban Forest by:
a) Regulating the altering, cutting, damaging or removing of trees within the City of
Williams Lake; and
b) Describing the conditions under which permits will be granted for the altering,
cutting, or removal of trees.
BYLAW SCHEDULES
1.4
Attached as integral parts of this Bylaw are the following Schedules:
a) SCHEDULE "A" - Geotechnical Hazard Areas
b) SCHEDULE "B" - Tree Protection Practices
c) SCHEDULE "C" - Replacement Tree Stock and Planting Requirements
PART 2 - DEFINITIONS AND APPLICATION OF BYLAW
DEFINITIONS
2.1
In this Bylaw the following words and terms shall have the meanings hereinafter
assigned to them:
BOULEVARD
means an improved portion of land, within a highway
dedication adjacent to a road surface, sidewalk, or Lot.
CERTIFIED
ARBORIST
means an Arborist or Utility Arborist who is certified and in
good standing with the International Society of Arboriculture.
CITY
means the City of Williams Lake.
CONIFEROUS
means a tree that bears cones and needle-like or scale-like
leaves that are typically evergreen.
COUNCIL
means the municipal Council of the City of Williams Lake.
CROWN
means the entire system of branches, leaves and
reproductive structures of a Tree extending away from the
trunk or main stem(s).
Bylaw No. 2404
Page 3
CUT
means to limb, trim, Top, or prune any parts of a Tree, or by
any mechanical means remove any branch, foliage, root,
stem, or other part of a Tree, and "Cutting" shall have a
corresponding meaning.
DAMAGE
means to take any action that may cause a Tree to die or
decline, including, but not limited to:
a) girdling;
b) ringing;
c) poisoning;
d) burning;
e) soil compaction;
f) depositing soil, undermining, or removing soil from, around
the Tree;
g) depositing toxins on any part of a Tree or into groundwater
taken up by a Tree;
h) placing concrete or any other hard surface within the
Protected Root Zone of a Tree without authorization from
the City;
i) blasting within 5 metres of the Protected Root Zone;
j) penetrating or removing any part of the bark of the Tree;
k) excessive Crown lifting, excessive pruning of the Crown,
branches, limbs and/or roots; or
l) any other pruning in a manner not in accordance with Sound
Arboricultural Practices as set out by the International
Society of Arboriculture.
DECIDUOUS
means a Tree which sheds all leaves annually at the end of
the growing season followed by a dormant period without
leaves.
DEPOSIT
means place, move, discharge, spray, spill, leak, seep, pour,
emit, store, stockpile, or release directly or indirectly into or
onto the land, air, soil and groundwater such that Damage to
a Tree results, and Depositing has a corresponding meaning.
Bylaw No. 2404
Page 4
DEVELOPMENT
DEVELOPMENT
TREE DENSITY
means an activity which requires a building permit, rezoning,
or subdivision.
means the number of Replacement or Retained Trees on
each lot subject to or created by Development, totaling no
less than 30 Trees per hectare.
DIAMETER AT
BREAST HEIGHT
or DBH
means diameter of the stem of a Tree measured at breast
height, except where the Tree has multiple stems at such a
point, in which case the DBH of such Tree shall be the sum
of 100% of the diameter of the largest stem and 60% of the
diameter of each additional stem, all measured at breast
height, and breast height for the purposes of such
measurements shall be deemed to be 1.3 metres above the
natural grade on the uphill side of the Tree.
DIRECTOR
GEOTECHNICAL
HAZARDS
GEOTECHNICAL
PROFESSIONAL
means the person appointed by the City as Director of
Development Services, their deputy, or a person authorized
by the Director to perform duties of the Director under this
bylaw.
means those areas identified by the City Official Community
Plan "Geotechnical Hazard Areas" mapping attached as
Schedule A, and/or other geotechnical/engineering reports
and maps as determined by the Director.
means a qualified, experienced professional engineer or
geoscientist licenced to practice in British Columbia.
HAZARDOUS
TREE
means a Tree or a portion of a Tree that:
a) in the opinion of a Certified Arborist, tree risk assessor or
the Director, poses an unacceptable level of risk to people
or property because of location, lean, physical damage,
overhead hazards, deterioration of limbs, stem or root
system, or a combination thereof; or
b) in the opinion of the utility having jurisdiction, interferes
with, or is in such proximity to, utility wires as to create a
dangerous situation; or
c) in the opinion of the Director, interferes with, blocks, or
damages a drainage, water or sewer system or other parts
of an improvement.
Bylaw No. 2404
Page 5
HEDGE
means a row of three or more Trees that through growth and
pruning form a continuous dense screen of vegetation from
ground level which provides privacy, fencing, windbreaking,
and/or boundary definition.
HERITAGE TREE
means a designated Tree that has been determined to be of
significant value to the community because of special
characteristics such as uniqueness of species, uniqueness of
ecosystem, historical, cultural or landmark value.
LANDSCAPE
ARCHITECT
means a Landscape Architect registered with the British
Columbia Society of Landscape Architects.
LOT
means a Lot as defined in the Zoning Bylaw.
NATIVE SPECIES means a Tree species that occurred naturally in the City of
Williams Lake prior to European contact.
NATURAL ASSET means a feature or features in the natural environment that
perform a civil function.
OWNER
PERMIT
means Legal owner, agent, or representative of a subject
property.
means a written, conditional approval to remove or cut a
Protected Tree. Depending on the proposed removal type,
the permit may either be standard type, for general
removals, or development type, for removals related to
building permits, subdivision, or rezoning.
PROTECTED
ROOT ZONE
means:
a) the area of land surrounding the trunk of a Tree that
contains the bulk of the critical root system of the Tree
which has been specifically delineated on a Tree plan
prepared by a Certified Arborist and approved by the
Director; or
b) in the absence of such information, the area of land
surrounding the trunk of a Tree contained within a circle
having a radius which is calculated by multiplying the DBH
of the Tree by 18.
PROTECTED
TREE
means:
a) any Tree having a DBH of 10 cm or more on Sloping
Bylaw No. 2404
Page 6
Terrain and/or within a Lot subject to Geotechnical
Hazards .
b) Any Tree having a DBH of 10 cm or more on a Lot with
significant tree removal proposed, at the discretion of
the Director.
c) Any Tree on a Lot proposed for significant Tree removal,
at the direction of the Director.
d) any Replacement, Retained, Specimen, Heritage or
Wildlife Tree, or Tree in a Riparian Area;
e) any Tree with evidence of nesting or use that is
protected under federal or provincial regulations,
including the BC Wildlife Act, Migratory Birds
Convention Act, and Species at Risk Act;
QUALIFIED
ENVIRONMENTAL
PROFESSIONAL
means an experienced, qualified individual holding one of the
following designations:
a) Agrologist;
b) Professional biologist;
c) Professional engineer;
d) Professional forester;
e) Professional geoscientist; and
f) Registered forest technologist.
REMOVE
means to entirely sever the main stem of a Tree, and
"Removed",
"Removal"
and
"Removing"
shall
have
corresponding meanings.
REPLACEMENT
TREE
means a Tree required in accordance with this Bylaw to be
planted to replace a Tree that has been Cut, Removed or
Damaged, or a Tree planted as a condition of Subdivision or
other municipal approval.
RETAINED TREE
means a Tree not to be Cut, Removed or Damaged and that
must be permanently protected.
Bylaw No. 2404
Page 7
RIPARIAN AREA
means an area of sufficient width to include any significant
natural attribute and adjacent ecosystem (e.g. vegetation,
water features, fish and wildlife habitat, escarpments, terraces,
steep valley sides and cliffs) adjacent to a water course, linking
aquatic to terrestrial ecosystems and includes both existing
and potential riparian vegetation and existing and potential
adjacent upland vegetation that exerts an influence on the
stream.
SLOPING TERRAIN means land with a slope angle greater than 20%, measured
over a horizontal distance of 6.0 m (19.7 ft) or more at the
location of the Tree.
SOUND
ARBORICULTURAL
PRACTICE
means in accordance with the Best Management Practices
Series of the International Society of Arboriculture (ISA).
SPECIMEN TREE
means a Tree of any size which a Certified Arborist,
Landscape Architect, or the Director deems to be of
exceptional value because of its species, condition, form, age
or size.
SUBDIVISION
means:
a) a Subdivision as defined in the Land Title Act, or
b) a Subdivision under the Strata Property Act.
TOP
means to entirely sever the stem of a Tree such that the upper
stem and branches of the Tree are completely removed,
resulting in an abruptly truncated stem, and "Topping" and
"Topped" shall have corresponding meanings.
TREE
means a woody perennial plant having one or more stems
and includes any part of the Tree or root system which is
above or below ground.
TREE CUTTING
PERMIT
means a permit issued pursuant to this Bylaw by the Director
authorizing the pruning, Cutting or Removal of one or more
Protected Trees.
TREE PROTECTION
BARRIER
means a sturdy temporary or permanent fence or barrier at
least 1.2 metres in height, with wood-framed top and side
rails or equivalent.
URBAN FOREST
means the Trees, forests, greenspace, and related abiotic,
biotic, and cultural components located within the City.
Bylaw No. 2404
Page 8
WILDLIFE TREE
means any standing dead or live Tree having special
characteristics that provide valuable habitat for the
conservation or enhancement of wildlife, as determined and
classified by the Director, in accordance with criteria contained
in the "Wildlife/Danger Tree Assessor's Course Workbook -
Parks and Recreation Sites".
ZONING BYLAW
means the City of Williams Lake Zoning Bylaw No. 1825,
2002, as amended or replaced from time to time.
APPLICATION OF BYLAW
2.2
This Bylaw applies to all land within the City.
2.3
This Bylaw does not apply to Protected Trees on City-owned property or highways
that are Cut or Removed by the City or its authorized agents in accordance with
approved City operations.
PART 3 - RESTRICTIONS AND EXEMPTIONS
RESTRICTIONS
3.1
No person shall Cut, Remove, or move any Protected Tree, or cause, suffer or permit
any Protected Tree to be Cut, Removed or moved, except in accordance with the terms
and conditions of a valid Tree Cutting Permit issued under this Bylaw.
3.2
Except to the extent granted by a Tree Cutting Permit, or as provided for in Section
3.6, a person must not perform any of the following actions:
a) Damage a Protected Tree;
b) Top a Protected Tree except if the Protected Tree forms part of a Hedge;
c) Attach a sign or poster to a Protected Tree in any manner that may Damage the
Protected Tree.
PUBLIC LANDS
3.3
Any Tree on land owned by or under the jurisdiction of the City, including, without
limitation, a Tree in a park or on a Boulevard, road, lane allowance or right-of-way is
considered a Protected Tree.
3.4
No person shall plant a Tree or Hedge on City lands or cause Trees or Hedges to be
planted on City lands without prior written authorization from the Director.
Bylaw No. 2404
Page 9
EXEMPTIONS
3.5
A Tree Cutting Permit is not required to Cut or Remove a Protected Tree where the
Cutting or Removal:
a) Constitutes normal pruning of Trees in accordance with Sound Arboricultural
Practice;
b) Is located on parcels of land less than 1 hectare (ha) in size and zoned Residential
in accordance with the City's Zoning Bylaw;
c) Is less than 5m in height and less than 10cm DBH.
HAZARDOUS TREES
3.6
In the event that a Tree is in imminent danger of falling, the Owner may Cut the Tree
or have it Cut prior to obtaining a permit.
3.7
The Owner shall not remove the Tree from the Lot until the Director has attended the
site and has confirmed the Tree was in imminent danger of falling.
3.8
If the Director determines that the Tree was not in imminent danger of falling, or was
in imminent danger of falling due to reasons other than natural causes, the Owner
may be found to have acted in contravention of this bylaw and be subject to the
penalties identified in Part 7.
PART 4 - TREE CUTTING PERMIT APPLICATION
GENERAL CONDITIONS OF TREE CUTTING PERMIT
4.1
An application for a Tree Cutting Permit shall be in the form prescribed for that purpose
by the Director, as updated from time to time.
4.2
A Tree Cutting Permit issued under this Bylaw is non-transferable.
4.3
The Tree Cutting Permit shall be displayed in an accessible and conspicuous location
on the Lot to which it pertains no less than 72 hours prior to and during Tree Cutting or
Removal operations.
APPLICATION REQUIREMENTS
4.4
Every application for a Tree Cutting Permit shall include:
a) A non-refundable application fee in the amounts as follows:
i.
$50.00 for a permit relating to five Trees or less, and
Bylaw No. 2404
Page 10
ii.
$150.00 for a permit relating to six Trees or greater, and for Developments.
Provided that there shall be no Tree Cutting Permit fee charged in respect of
Hazardous Trees.
b) Notwithstanding Section 4.4(a), no permit fee is required where any of the
following conditions apply:
i.
The Protected Tree is located within the building envelope of a Lot and the
Cutting or Removal of the Protected Tree is deemed by the Director to be
necessary for the purpose of lawfully constructing a building or accessory
building, or an addition to a building or accessory building in respect of an
approved Building Permit; or
ii.
The removal of a Protected Tree is to facilitate the installation of roads or
services in respect of a Subdivision and as shown on an engineering
drawing approved by the City; or
iii.
The Tree is dead, dying, severely Damaged, unstable or deemed to be
Hazardous; or
iv.
The roots of the Protected Tree are interfering with, or presenting a hazard
to, underground or overhead services and utilities where, in the opinion of
the Director, removal of the tree is the only means to address the issue.
c) The following documents, plans and information relating to the proposed Tree
Cutting or Removal, including, but not limited to:
i.
A statement of purpose and rationale for the proposed Tree Cutting or
Removal;
ii.
A site plan;
iii.
The proposed methods for disposal of wood waste and other debris;
iv.
The proposed methods of noise and dust control during the Tree Cutting
or Removal operation;
v.
The proposed completion dates for Tree Cutting or Removal;
vi.
Where the Tree(s) proposed to be Cut or Removed are on Sloping Terrain
or are on or adjacent to Geotechnical Hazard Areas, a report signed by a
Geotechnical Professional certifying that the proposed Cutting or Removal
shall not result in an increased risk or danger of flooding, erosion or slope
instability;
Bylaw No. 2404
Page 11
vii.
The proposed location, species, and DBH of Replacement Trees required
in accordance with Part 5 - Regulations: 'Replacement Trees';
viii.
A report certifying that the proposed Tree Cutting or Removal will not create
an adverse impact including flooding, erosion, land slip or contamination of
a watercourse prepared by a Qualified Environmental Professional qualified
to provide such certification, and methods proposed for control of drainage
and erosion impacts during and after the Tree Cutting or Removal;
ix.
Such further and other information as the Director determines is necessary
to adequately describe the nature and extent of the Tree Cutting or
Removal operation.
d) Where the Tree Cutting or Removal is for a Tree that the applicant purports to be
a Hazardous Tree:
i.
Evidence that the Tree is in imminent danger of falling, as requested by the
Director, or
ii.
A report prepared by a Certified Arborist certifying that the Tree is dead,
diseased, damaged or otherwise constitutes a physical hazard to persons
or property; and
iii.
In the event that it is not possible for reasons of safety to obtain a report
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 within 30 days, along with a
photograph of the tree prior to such cutting.
4.5
In addition to the requirements in Section 4.4 above, any Lot undergoing Subdivision
or Development shall place a Tree Protection Barrier around any Tree or Trees which
are not to be Cut or Removed, in such a manner to ensure that the trunk, branches
and Protected Root Zone are not Damaged by the Cutting or Removal operations,
which Tree Protection Barrier must be constructed prior to the issuance of the Tree
Cutting Permit and must remain intact for any construction or demolition throughout
the entire period of construction or demolition.
PERMIT ISSUANCE OR REFUSAL
4.6
The Director, in considering an application for a Tree Cutting Permit, may, at their
discretion, issue or refuse to issue a Tree Cutting Permit if the Director deems the
proposed activity is necessary where any of the following apply:
a) The Tree Removal or Cutting is directly necessary to facilitate the lawful
construction of a building or building addition in respect of an approved Building
Permit or other uses permitted in the Zoning Bylaw;
Bylaw No. 2404
Page 12
b) Any part of the Tree is causing damage or may be reasonably expected to cause
damage to a permanent building and where removal of the Tree is the only means
to address the issue;
c) The roots of the Protected Tree are interfering with, or presenting a hazard to,
underground or overhead services and utilities where removal of the tree is the
only means to address the issue;
d) The Tree Removal or Cutting is directly necessary to facilitate installation of a
driveway permitted by the City's Subdivision and Development Servicing Bylaw;
e) The Tree Removal or Cutting is directly necessary to facilitate the installation of
roads or services in respect of a Subdivision and as shown on an engineering
drawing approved by the City;
f) The Tree is one of several Trees on the property and Removing one or more
Trees will promote the health and safety of the remainder, or minimize wildfire
risk; or
g) The Proposed Tree Removal or Cutting will not, in the opinion of the Director,
cause an unacceptable impact on engineered infrastructure, other Trees or other
Natural Assets.
4.7
Notwithstanding Section 4.6, issuance of a Tree Cutting Permit shall be subject to
the observance or fulfilment of additional conditions specified in the Tree Cutting
Permit which in the opinion of the Director are necessary to achieve the purposes of
this Bylaw.
4.8
The issuance of a Tree Cutting Permit does not authorize the permit holder to
undertake any work that will contravene the Wildlife Act or any other legislation of
applicable regulators.
PERMIT EXPIRY, RENEWAL, EXTENSION OR MODIFICATION
4.9
The duration of a Tree Cutting Permit will be determined by the Director to be up to a
maximum of 12 months.
4.10
The Director may renew, extend, or modify a Tree Cutting Permit upon written request
of the permit holder, subject to the following:
a) The Director may require that the permit holder provide additional information
authorized by this Bylaw as a precondition to considering an application for a Tree
Cutting Permit renewal, extension, or modification; and
b) All terms and conditions set out in the original permit shall apply to each renewal,
extension, or modification of the Tree Cutting Permit, except as amended or
modified by the renewal, extension, or modification.
Bylaw No. 2404
Page 13
PART 5 - REGULATIONS
TREE CUTTING OR REMOVAL
5.1
Every Cutting or Removal of a Protected Tree shall comply with, and every Tree
Cutting Permit issued under this Bylaw is subject to, the observance or fulfilment of
the following requirements, restrictions, and regulations, to the satisfaction and
approval of the Director:
a) Flag or mark with red or orange paint each Tree proposed to be Cut or Removed;
b) Mark on the ground with paint, stakes or flagging the Protected Root Zones of all
Trees on the Lot and the boundaries of the areas within such Protected Root
Zones on which the Tree Removal or Cutting activities are proposed to be carried
out;
c) Tree parts and wood waste shall be removed from the land and properly disposed
of;
d) Precautions shall be taken to ensure that Trees which are not to be Cut or
Removed are not subject to any Damage;
e) All damage to drainage facilities, watercourses, highways or other public or
private property arising from an activity in respect to the Cutting or Removal of a
Tree shall be promptly and properly repaired to the satisfaction of the Director at
the expense of the permit holder;
f) All watercourses, groundwater aquifers, waterworks, ditches, drains, sewers and
other established drainage facilities shall be kept free of all wood waste arising
from the activity in respect of which a Tree Cutting Permit was issued under this
Bylaw;
g) All hazards or potential hazards associated with the Tree Cutting or Removal
operation shall be adequately fenced or otherwise barricaded to ensure the safety
of the public;
h) Tree Cutting or Removal operations must not encroach upon, undermine, damage
or endanger any adjacent Lot or any setback area prescribed in the Tree Cutting
Permit or a City Bylaw or other regulation; and
i) Tree Cutting or Removal operations shall be limited only to the area specified in
the Tree Cutting Permit which shall be clearly marked according to Section
4.4(c)(ii) and such markings maintained for the duration of the Tree Cutting
Permit.
Bylaw No. 2404
Page 14
5.2
For any Subdivision or Development, every Cutting or Removal of a Protected Tree
or Specimen Tree shall comply with, and every Tree Cutting Permit issued under this
Bylaw shall be subject to, the observance or fulfilment of the requirements, restrictions
and regulations outlined in Section 5.1, to the satisfaction and approval of the Director,
as well as the practices outlined in Schedules "B" and "C" of this Bylaw.
REPLACEMENT TREES
5.3
As a condition of permit issuance under this Bylaw, the Owner shall plant and maintain
Replacement Trees in accordance with the requirements of Schedule "C" of this Bylaw,
per the following:
a) Standard Permit - Two Replacement Trees for each Protected Tree Cut or
Removed on the subject Lot.
b) Development Permit - Upon development completion, each lot subject to or
created by development shall achieve a Development Tree Density of 30 Trees
per hectare, and/or as specified in any other applicable bylaws or development
approval processes, whichever is greater.
5.4
Pursuant to Section 5.3(b), an applicant may achieve the required Development Tree
Density by:
a) Retaining existing trees that are in good health and not hazardous having a DBH
of 10cm or greater on the parcel or parcels of land where trees were removed,
and any existing retained tree having a DBH of 30cm or greater may be counted
as two trees in any calculation of tree density;
b) By providing and planting replacement trees in accordance with Schedule "C" of
this Bylaw.
5.5
Where the planting and maintenance of a Replacement Tree is required pursuant to
this Bylaw, the Owner shall provide to the City prior to issuance of a Tree Cutting
Permit a security deposit in the amount of $300 cash for each Replacement Tree to be
planted and maintained.
5.6
If at any time the Owner fails to comply with the provisions of this Bylaw relating to the
planting and maintenance of Replacement Trees, the City may, by its employees or
contractors, enter upon the subject Lot to fulfil the obligations of the Owner and for
such purposes the City may draw upon the security deposit to cover any costs of doing
so.
5.7
The security deposit or portion remaining thereof, if any, shall be released to the Owner
24 months after planting, provided the Director is satisfied the Tree is in good health.
5.8
If, in the opinion of the Director, Replacement Trees cannot, or need not, be
Bylaw No. 2404
Page 15
accommodated because of the configuration of buildings or proposed buildings on the
Lot, or constraints due to lack of acceptable planting areas, the Director may accept
from the Owner payment in lieu in an amount of $300 per Tree into the Tree Planting
and Replacement Reserve for each Replacement Tree not planted.
5.9
Replacement Trees shall be planted and maintained in accordance with Sound
Arboricultural Practice to the satisfaction of the Director.
5.10
Replacement Trees are not required for Removal or Cutting of a Hazardous Tree,
where such Removal or Cutting is approved by the Director in accordance with this
Bylaw.
PART 6 - ADMINISTRATION
INSPECTION
6.1
The Director is hereby authorized at all reasonable times to enter upon and inspect
any lands to determine whether the requirements, restrictions, regulations, terms,
conditions and directions of this Bylaw or a Tree Cutting Permit issued under this Bylaw
are being observed, and to assess or inspect, or cause an assessment or inspection
to be made of any Protected Trees to which this Bylaw applies.
6.2
No person shall prevent or obstruct or attempt to prevent or obstruct the Director from
entering upon lands and carrying out the activities authorized by Section 6.1.
6.3
Where a Protected Tree has been Cut or Damaged in contravention of this Bylaw or
the terms of a Tree Cutting Permit, no person shall remove from a Lot the stem, limbs,
roots and remains of a tree Cut or Damaged until an investigation and assessment by
the Director is complete and the Director has expressly authorized the removal of the
remains of the Tree.
NOTICE OF NON-COMPLIANCE
6.4
The Director may give notice to any person of a breach of, or noncompliance with, any
of the provisions of this Bylaw or a Tree Cutting Permit issued under this Bylaw, and
such person shall immediately cease all Tree Cutting or Removal activities until such
breach or non-compliance is remedied to the satisfaction of the Director, and every
Owner of real property shall refuse to suffer or permit further Tree Cutting or Removal
operations upon the real property until such time as the breach or non- compliance is
remedied to the satisfaction of the Director.
Bylaw No. 2404
Page 16
FAILURE TO REMEDY NON-COMPLIANCE
6.5
In the event that a person having received notice under Section 6.4 fails within the
time specified therein to remedy such breach, the City or its appointed agents may
enter upon the real property and undertake, at the Owner's expense, the works
required to remedy the breach.
NOTICE OF REMEDIAL REQUIREMENT
6.6
In addition to any other provision of this Bylaw, where a person Cuts, Removes or
Damages, or causes, suffers or permits any Protected Tree to be Cut, Removed, or
Damaged in contravention of this Bylaw or in violation of any term or condition of a
Tree Cutting Permit issued under this Bylaw, that person, within 30 days of receiving
notice of such requirement from the Director, shall:
a) Submit for the Director's approval a Tree Cutting and Replacement Plan specifying
the location and species of all Replacement Trees;
b) Provide twice the number of Replacement Trees required by Sections 5.3, 5.4
and 5.5;
c) Provide a security deposit in accordance with Section 5.5 of this Bylaw; and
d) Plant and maintain Replacement Trees in accordance with Part 5 - Regulations:
'Replacement Trees' of this Bylaw and the Tree Cutting and Replacement Plan
approved by the Director.
SUSPENSION OR CANCELLATION OF PERMIT
6.7
Without limiting the application of Part 7 - Offences and Penalties, if:
a) There is a contravention of any term, condition, requirement or restriction of this
Bylaw or a Tree Cutting Permit issued under this Bylaw; or
b) A Tree Cutting Permit was issued under this Bylaw on the basis of statements
made in the permit application or a report, declaration or record required under
this Bylaw, that were false or misleading with respect to a material fact or that
omitted to state a material fact, the omission of which made the statement false or
misleading;
the Director may:
i.
Suspend in whole or in part the rights of the permit holder under the Tree
Cutting Permit;
ii.
Cancel the Tree Cutting Permit; or
Bylaw No. 2404
Page 17
iii.
Amend or attach new conditions to a Tree Cutting Permit.
RIGHT OF RECONSIDERATION
6.8
Any Person who is subject to a decision by the Director under this Bylaw may request
that Council reconsider the decision by submitting a written request for
reconsideration to the City's Corporate Officer in accordance with Section 6.9 of this
bylaw.
6.9
All requests for reconsideration must:
a) Be submitted in writing to the Corporate Officer within fourteen days of the owner's
receipt of the notice referred to in Section 6 or within fourteen days of receiving
notice that the Director is refusing to issue a Tree Cutting Permit; and
b) Include the address for delivery of the person applying for reconsideration, the
particulars of the Tree(s) involved, and the reason for requesting reconsideration
of the Director's decision.
6.10
Upon receipt of a written request for reconsideration, the Corporate Officer shall
schedule the time, date, and place for Council to hear the matter.
6.11
At the reconsideration hearing, the applicant may address Council, and Council may
question the applicant and have the Director present to be questioned by Council and
the applicant.
6.12
In reconsideration of a decision made by the Director, Council may confirm, set aside,
or alter the decision as it may deem appropriate in the circumstances.
RECOVERY OF COSTS AND FEES FROM REAL PROPERTY TAXES
6.13
The costs of actions taken by the City to remedy a default or breach of this Bylaw may
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.
PART 7 - OFFENCES AND PENALTIES
OFFENCES AND PENALTIES
7.1
Any person who contravenes or violates any provision of this Bylaw or of any Tree
Cutting Permit issued under this Bylaw, or who suffers or allows any act or thing to be
done in contravention or violation of any of the provisions of this Bylaw or any Tree
Cutting Permit issued under this Bylaw, or who fails or neglects to obey any order,
Bylaw No. 2404
Page 18
direction or notice given under this Bylaw or any Tree Cutting Permit issued under this
Bylaw, commits an offence against this Bylaw and is liable on summary conviction to
the following:
a) A fine set out in City of Williams Lake Bylaw Notice Enforcement Bylaw No. 2196,
2013, as amended from time to time; or
b) A fine and/or penalty provided under the Community Charter of not less than
$1,000 and not more than $10,000, plus the costs of prosecution, and any other
order imposed pursuant to the Community Charter; or
c) Any combination of the above.
7.2
Where one or more Protected Trees is Cut or Removed other than as authorized by
this Bylaw, or more than one Protected Tree is not replaced or maintained in
accordance with a Tree Cutting Permit issued under this Bylaw, a separate offence
is committed in respect of each such Tree.
7.3
Where the offence is a continuing one, each day that the offence is continued shall
constitute a separate offence.
PART 8 - SEVERABILITY
SEVERABILITY
8.1
If any part, section, sub-section, sentence, clause or sub-clause of this Bylaw is for any
reason held to be invalid by the decision of any Court of competent jurisdiction, the
invalid Section shall be severed and the decision that it is invalid shall not affect the
validity of the remaining portions of this Bylaw.
8.2
Section headings do not form part of this Bylaw, they are included for convenience
only and must not be used in interpreting this Bylaw.
PART 9 - ADOPTION
ADOPTION
9.1
This Bylaw shall come into force and take effect upon the date of final adoption by
the Council of the City of Williams Lake.
Bylaw No. 2404
Page 19
READ A FIRST TIME THIS
13th DAY OF
February
, 2024
READ A SECOND TIME THIS
13th DAY OF
February
, 2024
READ A THIRD TIME THIS
13th DAY OF
February
, 2024
RECONSIDERED AND ADOPTED THIS
27th DAY OF
February
, 2024
*original signed by
_________________________________
MAYOR
*original signed by
_________________________________
CORPORATE OFFICER
20
SCHEDULE 'A'
City of Williams Lake
Tree Protection Bylaw No. 2404
Geotechnical Hazard Areas
I, ROSS COUPE, CORPORATE OFFICER FOR THE
CITY OF WILLIAMS LAKE, DO HEREBY CERTIFY
THIS TO BE SCHEDULE "A" TO BYLAW NO. 2404.
_________________________________________
CORPORATE OFFICER
21
SCHEDULE 'B'
City of Williams Lake
Tree Protection Bylaw No. 2404
Tree Protection Practices
a)
Ensure all Protected Trees are tagged with uniquely numbered plastic Tree
tags.
b)
Have a Certified Arborist prepare a Tree Protection Plan in accordance with
Schedule "C" of this bylaw, and review with Proponent, Design Consultants
(particularly Civil Engineer, Architect and Landscape Architect), General
Contractor and relevant sub-contractors.
c)
Erect sturdy, well-signed, Tree Protection Barriers for each Retained Tree prior
to commencement of demolition, site preparation or construction and
continuously maintain the fence and signage until the completion of the work
proposed to be carried out on the land to which the permit applies.
d)
Conserve Trees in groups, where possible. Conserve growing soils and
"placeholders" for new Trees, when planning the site.
e)
Discuss site access, storage, servicing, blasting and work-sequencing
requirements with your Contractor and resolve any conflicts with the Protected
Tree areas or measures.
f)
When blasting, ensure that explosive materials are selected that minimize
combustible gases, which may otherwise harm roots. "Pre-shearing" and low
"particle velocities" will also help to minimize root trauma.
g)
Store all excavation and building material away from Retained Trees.
h)
Use an access route to the subject site that avoids impact on the Protected
Root Zones of adjacent Trees.
i)
Locate concrete washout areas away from Retained Trees (preferably down
slope) and away from proposed and existing garden areas.
j)
Where Tree roots are impacted by digging or other site activities, Damaged
roots should be pruned cleanly just before the point of impact with a sharp
pruner or saw. Roots Cut by excavation must be immediately wrapped in a root
curtain of wire mesh lined with burlap surrounded by posts, and the root curtain
must be kept moist throughout the construction process.
k)
Make use of new techniques and products to broaden the number and
efficiency of the proposed Tree protection options (e.g. hydraulic excavation,
vertical shoring, on-grade road or sidewalk construction, pier and post
construction, structural soils, permeable pavers etc.). Consult a Certified
Arborist or Landscape Architect.
I, ROSS COUPE, CORPORATE OFFICER FOR THE
CITY OF WILLIAMS LAKE, DO HEREBY CERTIFY
THIS TO BE SCHEDULE "B" TO BYLAW NO. 2404.
_________________________________________
CORPORATE OFFICER
22
l)
Apply a 10cm layer of mulch to Protected Tree areas to retain moisture,
improve nutrients and increase beneficial soil biology.
23
SCHEDULE 'C'
City of Williams Lake
Tree Protection Bylaw No. 2404
Replacement Tree Stock and Planting Requirements
Where Replacement Trees are required to be provided pursuant to this Bylaw, such
Replacement Trees shall be provided and planted as follows:
a)
For Removal of a Protected Tree, the Replacement Tree(s) must be of an
approved Native Species that is drought resistance and meets Fire Smart
principles.
b)
At least half of the total number of Trees on the property, including existing
Retained and Replacement Trees, must be Native Species.
c)
For Tree Removals under Tree Cutting Permits related to construction,
demolition, rezoning, development permits, Subdivisions or Building Permits:
i)
Every Deciduous Replacement Tree shall be of the minimum DBH
specified in Column 3 of Table 1 of this Schedule corresponding to the
DBH of the Tree Removed,
ii)
Every Coniferous Replacement Tree shall be a Tree of the minimum
height specified in Column 2 of Table 1 of this Schedule corresponding
to the DBH of the Tree Removed.
d)
Replacement Trees shall not be planted:
i)
within 3 metres of a building foundation wall and within 1 metre of any
property line of a Lot;
ii)
within 5 metres of an overhead utility line for Trees that may grow to a
maximum of 5 metres in height, and within 10 metres of an overhead
utility line for Trees that may grow to a greater height;
iii)
within an easement or statutory right of way.
e)
Every Replacement Tree shall be spaced from existing Trees and other
Replacement Trees in accordance with Sound Arboricultural Practice to best
ensure survival of the Replacement and existing Trees.
f)
Replacement Trees must meet the plant condition and structure requirements
set out in the latest edition of the CSLA/CLNA "Canadian Landscape Standard"
and the CNTA "Canadian Standards for Nursery Stock" to be considered
acceptable by the Director.
g)
Replacement Trees shall be planted and maintained in accordance with the
requirements set out in the latest edition of the CSLA/CLNA "Canadian
Landscape Standard".
I, ROSS COUPE, CORPORATE OFFICER FOR THE
CITY OF WILLIAMS LAKE, DO HEREBY CERTIFY
THIS TO BE SCHEDULE "C" TO BYLAW NO. 2404.
_________________________________________
CORPORATE OFFICER
24
h)
Tree caging will be required in areas prone to deer browsing until the Tree is 6
feet in height.
i)
Replacement Trees shall be planted during the suitable local planting seasons
generally defined as fall (September - November) and spring (February - April).
Where planting must occur outside of these time periods, then a strategy for
ensuring the Trees are watered (in the summer) or protected from cold weather
(in the winter) must be included as part of the Tree Cutting Permit application.
j)
The following minimum specifications for topsoil or amended organic soil are
required for replanting on a property unless otherwise advised against by the
Arborist:
i)
organic matter content of 15% dry weight in planting beds and 8% in turf
areas;
ii)
depth of 300 mm for turf;
iii)
depth of 450 mm for shrubs/Trees;
iv)
depth of 300 mm around and below the root ball of all Trees;
v)
pH from 6.0 to 8.0 or matching that of the original undisturbed soil;
vi)
subsoils scarified to a depth of minimum 100 mm with some topsoil being
incorporated into the subsoil; and
vii)
planting beds mulched with a minimum of 50 mm of organic materials.
TABLE 1 - Replacement Trees
COLUMN 1
COLUMN 2
COLUMN 3
D.B.H. of Tree Cut or
Removed
Minimum Height of
Coniferous Replacement
Tree
Minimum DBH of
Deciduous Replacement
Tree
Up to 30cm (12")
2.5 m (8.2 ft)
6 cm (2.5")
30-60 cm (12" - 24")
3.5 m (11.5 ft)
8 cm (3")
60cm + (24" +)
4.5 m (14.8 ft)
10 cm (4")