Surrey : Règlement no 16100, art. 2(a) — Tree Protection Bylaw

certified as an arborist by the International Society of Arboriculture; and

• (b) is qualified as a tree risk assessor by the International Society of Arboriculture. "arborist report" means a technical report prepared by an arborist which may include all or some of the following:
• (a) information relevant to the purpose for which the report is to be submitted to the City including, but not limited to, surveyed location, species, size and condition of the subject tree or trees;
• (b) the reasons for any proposed removal of a tree or trees;
• (c) description of the recommended tree protection and mitigation measures; and
• (d) a tree replacement strategy. and the General Manager will specify in each instance which of the items listed above are required. “Bylaw” means the Surrey Tree Protection Bylaw, 2006, No. 16100, as amended. "caliper" means the diameter of a tree at 15 centimetres [6 inches] above the natural grade of the ground, measured from the base of the tree. "City" means the City of Surrey. - 2 - "conifer" means a cone bearing tree or other plant that has its seeds in a cone structure. "Council" means the municipal Council of the City of Surrey. "cut" means to cut down a tree and shall include to pull up, push or pull over or otherwise fall the majority of a tree. "Cutting" shall have the corresponding meaning. “crown” means all parts of a tree, including all of the branches and foliage, that extend upward from the lowest branch of the tree. “crown lifting” means removing the lowest branches of the crown, having the effect of lifting the crown’s base. "damage" means any action done to a tree which will likely cause a tree to die or cause a decline to the health of a tree, including but not limited to ringing, poisoning, burning, topping, root compaction, root cutting, shearing, denting, gouging, drilling, crown lifting, or pruning a tree in any manner other than as specifically permitted in this Bylaw. " Topping " will not be considered " damage " if evidence satisfactory to the General Manager is provided to the City to establish that the tree in question was previously topped prior to 2006. "Damaged" and "damaging" shall have the corresponding meaning. "D.B.H." means the diameter of a tree at breast height or 1.4 metres [4.6 feet] above the highest point of the natural grade of the ground measured from the base of a tree. For multi-stemmed trees, the three (3) largest stems shall be measured 1.4 metres [4.6 feet] above the highest point of the natural grade and the D.B.H. of the tree shall equal the cumulative total of the D.B.H. of the three (3) largest stems. - 3 - "deciduous" means a tree or plant that sheds most or all of its foliage annually. "drip line" means a horizontal line on the ground encircling a tree corresponding to the furthest extension of the branches of a tree. "engineer" means a person registered or licensed as a professional engineer pursuant to the provisions of the Engineers and Geoscientists Act, R.S.B.C. 1996, c. 116, as amended. "General Manager" means the person appointed by Council as the General Manager of Planning and Development and shall include a City employee or employees whom the General Manager has delegated, in writing, the authority to act on his or her behalf pertaining to this Bylaw. "letter of acceptance" means a letter signed by the General Manager, Engineering when the following requirements have been met:
• (a) the engineer for the project on behalf of the owner has requested in writing the letter of acceptance;
• (b) the maintenance period or any extension thereof as set out in the applicable servicing agreement has expired with no identified damage, defect, deficiency or holdback that needs to be dealt with by the owner; and
• (c) the owner has completed all of the terms and conditions in the applicable servicing agreement, including without limitation, the registration in the Land Title Office of all statutory right of ways, easements, restrictive covenants, subdivision plan or Land Title Act section 107 road dedication plan. "lot" means land designated as a separate and distinct parcel on a legally recorded subdivision plan or description filed in the records of the Land Title Office. "natural causes" means death or decline of a tree as a result of natural diseases, pests, climactic conditions, inherent structural defects, or senescence. - 4 - "owner" means the registered owner in fee simple of a lot upon which a tree is located. "protected tree" means:
• (a) any tree, including multi-stemmed trees, within the City, regardless of species, having a D.B.H. of 30 centimetres [11.8 inches] or more or, where measurement of the D.B.H. is impossible or impractical, any tree with a stump having a diameter of 35 centimetres [13.8 inches] or more, measured at the natural grade of the ground;
• (b) a replacement tree;
• (c) a tree planted or retained as a requirement of a subdivision application, development permit, development variance permit, building permit or demolition permit;
• (d) a tree located in a riparian area;
• (e) a specimen quality tree;
• (f) a significant tree;
• (g) a tree with evidence of nesting or use by:
• (i) raptors as defined in the Wildlife Act, R.S.B.C. 1996, c. 488,
• (ii) osprey, or
• (iii) a heron colony;
• (h) the following tree species where the tree is 3 metres [118.1 inches] or taller, if coniferous, or a tree having a 5 centimetres [1.9 inches] or greater caliper, if deciduous:
• (i) Arbutus ( Arbutus menziesii ),
• (ii) Garry Oak ( Quercus garryana ),
• (iii) Coast Redwood ( Sequoia sempervirens ),
• (iv) Dawn Redwood ( Metasequoia glyptostroboides ),
• (v) Giant Redwood ( Sequoiadendron giganteum ),
• (vi) Maidenhair Tree ( Ginkgo biloba ); and
• (i) any tree located on City property. - 5 - "replacement tree" means a tree required to be planted to replace a tree cut, removed or damaged in accordance with this Bylaw. "remove" means to cut a tree and to remove it from the lot where it exists. "Removed", "removal" and "removing" shall have the corresponding meaning. "retained tree" means a tree that has not been permitted for removal. " Tree to be retained " shall have the corresponding meaning. "riparian area" means the horizontal area within a lot, that is calculated by measuring the distance perpendicularly, from the top of bank in the direction away from the stream, where land disturbance of any kind is prohibited by the Riparian Areas Protection Regulation, B.C. Reg. 178/2019. "school " means a public school under the School Act, RSBC 1996, c. 412, as amended, or an independent school as defined in the Independent School Act, RSBC, c. 216, as amended. "significant tree" means a tree listed in SCHEDULE "B" and SCHEDULE "B1". "specimen quality tree" means a tree of any size which the General Manager deems to be of exceptional value because of its species, condition, form, age or size but which has not been designated by Council to be a significant tree. "stream" means any of the following, in accordance with the Water Sustainability Act, S.B.C. 2014, c. 15, as amended, and the Riparian Areas Protection Regulation, B.C. Reg. 178/2019, as amended, that provides fish habitat:
• (a) a watercourse, whether it usually contains water or not;
• (b) a pond, lake, river, creek, brook, ravine, swamp, gulch or natural or channelized stream; or - 6 -
• (c) a ditch, spring or wetland, that is connected by surface flow to any items referred to in
• (a) or
• (b) above. "top of bank" means:
• (a) the point closest to the boundary of the active floodplain of a stream where

a break in the slope of the land occurs such that the grade beyond the break is flatter than 3:1 at any point for a minimum distance of 15 metres measured perpendicularly from the break; and

• (b) for a floodplain area not contained in a ravine, the edge of the active floodplain of a stream where the slope of the land beyond the edge is flatter than 3:1 at any point for a minimum distance of 15 metres measured perpendicularly from the edge. "topping” means to remove the entire crown of a tree, or a substantial part of the crown of a tree by cutting horizontally through the central or major stem of a tree. "tree cutting permit" means the written authority granted by the General Manager pursuant to this Bylaw for the cutting or removal of a specified tree or trees. "tree protection barrier" means a barrier constructed around a tree in accordance with Schedule "C" of this Bylaw to protect the tree from damage during construction, development or site disturbance. "tree protection zone" means the area within a tree protection barrier.

Where a tree protection barrier has not been erected as required by this Bylaw, the tree protection zone shall be the area within which a tree protection barrier should have been erected in accordance with this Bylaw. "tree survey" means a survey plan prepared by an engineer or by a surveyor registered as a British Columbia land surveyor, that illustrates the location of trees in relation to the property lines of a lot, along with the size and species of each tree, plus any other information required by the General Manager for the purpose of assessing a tree cutting permit application. - 7 - "Zoning Bylaw" means Surrey Zoning Bylaw, 1993, No. 12000, as may be amended or replaced from time to time. Part 2 Application and Exemptions