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Victoria By-law 21-035, s. 37(6) — Tree Protection Bylaw

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The election under subsection (5) is final and irrevocable. Repeal of Transition Provisions 39 Sections 35, 36 and 38 of this Bylaw are repealed. Commencement 40 This Bylaw comes into force on July 1, 2021, except sections 37 and 39, which come into force on July 1, 2026. READ A FIRST TIME the 11 day of March 2021 READ A SECOND TIME the 11 day of March 2021 READ A THIRD TIME the 11 day of March 2021 ADOPTED on the 18 day of March 2021 CITY CLERK MAYOR SCHEDULE “A” TREE PERMIT APPLICATION FEES Row Tree Permit Fee 1 To only cut or remove any of the following trees: No fee

  • i. a hazard tree
  • ii. a tree that is dead or has more than 50% of its crown dead
  • iii. a tree that is a regulated invasive plant or unregulated plant of concern 2 For emergency cutting or removal only No fee 3 To prune a tree only No fee 4 To plant any replacement trees to meet tree minimum only No fee 5 To undertake exploratory digging for the purposes of an arborist report only No fee 6 To cut or remove as required by Streets and Traffic Bylaw or Trees and Insect No fee Control Bylaw 7 To extend or modify a permit only $50 8 To work in the protected root zone of the tree only, including excavation for $50 development, utility installation, irrigation installation and landscape installation 9 For any other tree permit, the fee is determined as follows: 10 i. For a lot that is less than or equal to 2,000m2 in size $50 11 ii. For a lot that is between 2000m2 and 4000m2 in size $100 12 iii. For a lot that is equal to or larger than 4,000m2 $250 per 4,000m2 SCHEDULE “B” TREE SURVEY AND TREE MANAGEMENT PLAN REQUIREMENTS

A. Tree Survey 1 The purpose of the tree survey is to accurately locate the position of the trees on or adjacent to

a property to establish ownership and to accurately establish the protected root zones of all trees and tree protection requirements for tree retention during development. It provides a clear visual of where buildings and infrastructure are located and where new buildings could be best sited to minimize negative impacts to trees suitable for retention. It is also useful to show phased tree protection fencing and mitigation that may differ between demolition and construction. The tree survey should be used as the base for the tree management plan. 2 The tree survey must comply with the following requirements:

  • (a) It must be based on a legal survey of the lot, completed by a registered BCLS surveyor, and can be added to the Site Plan for Existing Site as required by Development Services.
  • (b) It must include all of the following trees:
  • (i) Protected trees on the subject lot,
  • (ii) Retained trees on the subject lot,
  • (iii) Protected trees on adjacent properties with protected root zones or tree canopies extending onto the subject lot, or that would otherwise require tree protection, and
  • (iv) Trees on municipal frontage and any other municipal trees that may be impacted.
  • (c) It must indicate the existing trees in
  • (b) with a scaled circle to represent the trunk and the reference ID located directly adjacent to the trunk. The canopy outline shall be indicated with a fine, dotted-line circle and the protected root zone shall be indicated with a bold, solid-line circle.
  • (d) It must include a sufficient number of elevation points so that areas where cuts or fills are required can be identified on future grading plans and the tree management plan.
  • (e) It must include the location and type of all existing utilities above and below grade entering or immediately adjacent to the subject site.
  • (f) It must include the existing and proposed legal description, property lines, rights-of-way, easements, location of trees, base grades of trees, grades at property lines, principal and accessory building footprints, walkways, patios, retaining walls (top and toe of grade), fences, driveways, sidewalks, curbs, natural features, rock outcrops, existing services (water, storm and sanitary sewer lines, hydro, telephone, cable, internet and gas lines, and any existing service kiosks and boxes).
  • (g) It must include all areas and trees protected by a restrictive covenant in favour of the City, indicating the purpose of the covenant and the land title registration number.
  • (h) It must have all dimensions in metric and include a title block with north arrow, bar scale, date, surveyor’s seal and company name, and a legend to identify symbols.
  • (i) It must date any revised plans.
  • (j) It must be provided in hard copy or pdf format and be of a scale to permit detailed information to be legible when printed in 11 x 17 format, including labels. 3 The BC Land Surveyors provide sample survey plans that may be a useful reference. B. Tree Management Plan 1 The purpose of submitting the tree management plan is to show the location of trees along with their canopy spread and protected root zones in relation to proposed changes, so potential impacts can be analyzed and trees can be identified as retained or removed. Additionally, the tree management plan is used to show where tree protection fencing, arborist supervision, ground protection or other mitigation measures are required. 2 The tree management plan must comply with the following requirements:
  • (a) It must be prepared by a TRAQ arborist.
  • (b) It must be prepared with the tree survey as its basis and include the location of all inventoried trees.
  • (c) It must show all proposed changes including buildings, landscaping, hardscaping, and frontage works.
  • (d) It must show trees to be removed, indicated with a bold X through the survey point. The canopy outline shall be indicated with a fine, dotted-line circle and the protected root zone shall be indicated with a dashed-line circle.
  • (e) It must show trees to be retained, indicated at the survey point with a scaled circle to represent the trunk. The canopy outline shall be indicated with a fine, dotted-line circle and the protected root zone must be indicated with a bold, solid-line circle.
  • (f) It must show any works requiring arborist supervision or tree protection recommendations, and indicate the location where they apply.
  • (g) It must include a title block with north arrow, scale, date and company name, and a legend to identify symbols, all dimensions in metric.
  • (h) It must identify all inventoried onsite trees with unique, sequential reference ID numbers, in accordance with the arborist report and any corresponding development application plan information (e.g. engineering, architectural, landscape drawings).
  • (i) It must identify offsite trees in reports and plans as ‘Offsite’ trees with unique numbers (OS-##), and municipal frontage trees with unique numbers (M-##).
  • (j) It must date all plans and revisions. 3 The applicant must provide the arborist with up-to-date drawings and inform the arborist of any details for proposed changes to plans throughout the different stages of the development, including but not limited to rezoning, subdivision, development permit, and building permit demolition, excavation and construction. SCHEDULE “C” ARBORIST REPORT REQUIREMENTS Arborist Report Information 1 The purpose of the arborist report is to provide the necessary information to determine suitable trees for preservation, and to prescribe tree protection and mitigation measures, including the definition of specific areas and activities requiring arborist supervision. 2 The arborist report must be prepared by a TRAQ arborist in accordance with the City’s Terms of Reference for an Arborist Report for Development. 3 The arborist report must comply with the following requirements:
  • (a) It must include the following information:
  • (i) Name of arborist and company, address, phone number and email,
  • (ii) Proof of professional liability insurance,
  • (iii) Arborist ISA certification number and confirmation of TRAQ,
  • (iv) Name and contact information of client,
  • (v) Address of property, and
  • (vi) Date of site visit and date of when report was submitted¸ with any revisions to the report dated.
  • (b) It must include all of the following trees:
  • (i) Protected trees on the subject lot,
  • (ii) Replacement trees on the subject lot,
  • (iii) Protected trees on adjacent properties with protected root zones or tree canopies extending onto the subject lot, or that would otherwise require tree protection, and
  • (iv) Trees on municipal frontage and any other municipal trees that may be impacted.
  • (c) It must include unique, sequential reference IDs for all inventoried trees that correspond to the tree management plan. Onsite trees shall have a physical tag number affixed to the trunk, which will be the reference ID. For untagged trees, the following prefixes will be used: offsite (OS-##), and municipal (M-##).
  • (d) It must include a description of proposed work and, when applicable, proposed development on the lot including all hardscape, landscape, hydrology and grade changes, all proposed frontage work, and all underground and overhead utility services.
  • (e) It must include recommendations for tree protection and mitigation measures for all project phases, including demolition, site excavation, site preload, construction, project and material staging, servicing, landscaping, grading, or any site disturbance. Recommendations must treat all trees as being retained for all phases prior to the issuance of the building permit for construction and tree removal permit regardless of whether they are planned to be removed. They must include:
  • (i) Tree protection fencing locations,
  • (ii) Specific activities and areas when arborist supervision is required,
  • (iii) Site access routes,
  • (iv) Material storage areas,
  • (v) Any pruning that may be required to provide clearance,
  • (vi) Post-construction tree care measures, and
  • (vii) Other necessary mitigation measures.
  • (f) It must include a list of other consulting agency documents that inform the tree assessment, including the version and date of such documents (e.g. lot layout plans, servicing plans, biologist reports).
  • (g) It must include a tree inventory table, providing information on each tree identified pursuant to subsection (b), which shall include the following columns:
  • (i) Tree ID,
  • (ii) species,
  • (iii) bylaw status (bylaw, non-bylaw, municipal),
  • (iv) DBH (cm),
  • (v) PRZ (m radius from trunk),
  • (vi) canopy spread (diameter and m from trunk),
  • (vii) structural condition (poor, fair, good),
  • (viii) health condition (poor, fair, good),
  • (ix) retention suitability (suitable, unsuitable),
  • (x) species tolerance to disturbance (poor, moderate, good),
  • (xi) remove or retain,
  • (xii) specific reason for removal, if applicable, and
  • (xiii) comments (including prune or cut), and location.
  • (l) In must include site photos that:
  • (i) capture the context of inventoried trees on the site,
  • (ii) capture individual trees when there are specific considerations or conditions of concern for that tree that are addressed in the arborist report,
  • (iii) are labelled as numbered figures with captions describing any numbered tree tags, direction of photo, and description of what it is pictured, and
  • (iv) are marked up with tree tag numbers for each tree if multiple trees are shown,
  • (m) It must include a tree impact summary table counting the total number of trees, the number of trees to be removed, the number of trees being planted or replaced, and the number of existing non-protected trees that are being counted as replacements as shown in the example below:

A B C D Tree Status Total # of # of Trees # of NEW or # of EXISTING NET Protected to be REPLACEMENT Non- CHANGE Trees REMOVED Trees to be protected (A-B+C+D) Planted* Trees Counted as Replacements Onsite trees Offsite trees Municipal trees N/A N/A Total * Sufficient soil volume to support the proposed new or replacement trees must be provided on site and demonstrated by the calculations made in Schedule E (g). If soil volume is insufficient, replacement trees will not be permitted.

  • (n) It must include a summary table counting replacement trees required, tree minimum, and calculating cash-in-lieu amounts, as shown in the example below: Count Multiplier Total ONSITE Minimum replacement tree requirement

A. Protected trees removed X 1 A. B. Replacement trees proposed per X 1 B. Schedule “E”, Part 1 C. Replacement trees proposed from X 0.5 C. Schedule “E”, Part 2 D. Replacement trees proposed per X 1 D. Schedule “E”, Part 3 E. Total replacement trees proposed (B+C+D) Round down to E. nearest whole number F. Onsite replacement tree deficit (A-E) Record 0 if negative F. number ONSITE Minimum trees per lot requirement (onsite trees) G. Tree minimum on lot* G. H. Protected trees retained (other than X 1 H. specimen trees)

  • I. Specimen trees retained X 3 I. J. Trees per lot deficit (G-(B+C+H+I) Record 0 if negative J. number OFFSITE Minimum replacement tree requirement (offsite trees) K. Protected trees removed X 1 K. L. Replacement trees proposed per X 1 L. Schedule “E”, Part 1 or Part 3 M. Replacement trees proposed from X 0.5 M. Schedule “E”, Part 2 N. Total replacement trees proposed (L+M) Round down to N. nearest whole number O. Offsite replacement tree deficit (K-N) Record 0 if negative O. number Cash-in-lieu requirement P. Onsite trees proposed for cash-in-lieu Enter F. or J., P. whichever is the greater number Q. Offsite trees proposed for cash-in-lieu Enter O. Q. R. Cash-in-lieu proposed ((P+Q) X $2,000) R. * Refer to Schedule “F”
  • (o) It must include the signature of the arborist.
  • (p) It must either:
  • (i) be dated within one year of the tree permit application date, or
  • (ii) have a covering letter from the original author stating that they have visited the site and the conditions and recommendations contained in the original report remain valid.
  • (q) Any revisions or amendments to an existing arborist report must be made to the original report and all changes identified. 4

Where the original arborist report submitted to the City is incomplete or inaccurate, the Director may:

  • (a) retain the services of an independent arborist or other professional to review an arborist report, and
  • (b) the cost of the independent arborist report must be paid by the owner prior to issuance of the tree permit. SCHEDULE “D” TREE PROTECTION BARRIER REQUIREMENTS 1 The requirements for tree protection barriers are as follows:
  • (a) The barrier must be placed around the outside of the protected root zone of the tree, or as approved by the Director; and
  • (b) The barrier must meet the following specifications:
  • (i) it must have a minimum height of 1.2 m,
  • (ii) 38 mm x 89 mm timbers must be used for vertical posts, top and bottom rails (in rocky areas, metal posts (T-bar or rebar) drilled into rock will be accepted), and cross-bracing (in an "X"),
  • (iii) spacing between vertical posts must be a maximum of 3.0 metres on center,
  • (iv) the structure must be sturdy with vertical posts driven firmly into the ground,
  • (v) there must be continuous plastic mesh high visibility screening (e.g. orange snow fencing), and
  • (vi) it must have visible all weather 500 mm x 500 mm signage on it with the wording “Warning – Tree Protection Area”. 2 Below is an example showing an acceptable barrier: SCHEDULE “E” REPLACEMENT TREE REQUIREMENTS

A. Replacement Tree Plan 1 The purpose of the replacement tree plan is to show where new trees will be planted on site as replacements for protected trees. It must identify all protected trees that are to be retained, and the species and location of all proposed replacement trees. 2 The replacement tree plan must:

  • (a) Be prepared by an arborist or landscape architect.
  • (b) Show trees to be retained.
  • (c) Show the location and species of proposed replacement trees consistent with the requirements in Schedule E, Part 4 Siting.
  • (d) Include a title block with north arrow, bar scale, date and company name, and a legend to identify symbols.
  • (e) Date all plans and revisions.
  • (f) Define connected areas of soil where tree roots could reasonably grow as ‘Planting Areas’. A Planting Area is defined by the estimated extent of connected soil volume on or adjacent to the lot. Where there is a barrier to root growth between two areas of soil, then each area of soil would be a separate Planting Area. Each Planting Area must be assigned a unique number.
  • (g) Include a table as shown in the example below calculating the estimated soil volume that will be provided for each Planting Area. Replacement Trees Soil Volume Required (m ) Proposed **

A. Total Planting Area Soil volume B. C. D. E. F. Estimated G. Large Area ID (m2) multiplier #Small # Medium #Large Small Medium soil volume Onsite Planting Area X Offsite (excluding City property) Planting Area OSA Calculation Instructions E F G Total If B=1, If C=1, If D=1, Bx8 Cx20 Dx35 Calculation E+F+G If B>1, If C>1, If D>1, Bx6 Cx15 Dx30 On ground (excluding exposed bedrock):

  • use 1, On structure:
  • use depth of soil, On soil cells:
  • use 0.92, On structural soil:
  • use 0.2 ** Total must not exceed A. If Total exceeds A, then the number or size of proposed replacement trees must be reduced. B. Part 1 – Replacement species acceptable for 1:1 replacement Cultivated Genus Species Variety Common Name Class Size Abies nordmanniana Nordmann fir Conifer Large Abies balsamea Balsam fir Conifer Medium Abies fraseri Fraser fir Conifer Medium Abies concolor White fir Conifer Medium Acer macrophyllum Big Leaf maple Deciduous Large Acer saccharum Sugar maple Deciduous Large Rugged Acer miyabei Ridge Rugged Ridge maple Deciduous Medium Acer rubrum Armstrong Armstrong maple Deciduous Medium Acer rubrum Red maple Deciduous Medium Acer saccharum Legacy Legacy sugar maple Deciduous Medium Crimson Acer truncatum Sunset Pacific Sunset maple Deciduous Medium Aesculus indica Indian horse chestnut Deciduous Medium Aesculus X carnea Briotii Red horse chestnut Deciduous Medium Alnus rubra Red alder Deciduous Large Broadleaf Arbutus menziesii Arbutus evergreen Medium Betula nigra Dura Heat Dura Heat birch Deciduous Medium Calocedrus deccurens Incense cedar Conifer Large Carpinus betulus Fastigiata Pyramidal hornbeam Deciduous Medium Castanea mollissima Chinese chestnut Deciduous Medium Catalpa bignonioides Southern catalpa Deciduous Large Catalpa speciosa Northern catalpa Deciduous Medium Celtis occidentalis Common hackberry Deciduous Medium Cercidiphyllum japonicum Japanese katsura tree Deciduous Medium Cladrastis kentukea American yellowood Deciduous Medium Perkins Perkins Pink American Cladrastis kentukea Pink yellowwood Deciduous Medium Cornus nuttallii Pacific dogwood Deciduous Medium Corylus colurna Turkish filbert Deciduous Medium Cryptomeria japonica Japanese cedar Conifer Large Cupressus nootkatensis Yellow cedar Conifer Large Fagus sylvatica Asplenifolia Fern leaved beech Deciduous Large Fagus sylvatica Pendula Weeping beech Deciduous Large Fagus sylvatica European beech Deciduous Large Fagus sylvatica Riversii Riversii beech Deciduous Medium Autumn Autumn Purple white Fraxinus americana Purple ash Deciduous Large Cultivated Genus Species Variety Common Name Class Size Fraxinus latifolia Oregon ash Deciduous Large Fraxinus pennsylvanica Green ash Deciduous Large Autumn Fraxinus americana Applause Autumn Applause ash Deciduous Medium Princeton Ginkgo biloba Sentry Princeton Sentry ginkgo Deciduous Large Ginkgo biloba Maidenhair tree Deciduous Large Gleditsia triacanthos Honey locust Deciduous Medium Shademast Gleditsia triacanthos er Shademaster locust Deciduous Medium Gymnocladus dioicus Kentucky coffeetree Deciduous Large Gymnocladus dioicus Espresso Espresso coffeetree Deciduous Large Juglans nigra Black walnut Deciduous Large Juglans regia English walnut Deciduous Large Deciduous Larix decidua European larch conifer Large Liquidambar styraciflua Sweetgum Deciduous Large Worplesdo Liquidambar styraciflua n Worplesdon sweetgum Deciduous Large Liriodendron tulipifera Arnoldii Arnold tulip tree Deciduous Large Liriodendron tulipifera Tulip tree Deciduous Large Magnolia accuminata Yellow Bird Yellow Bird magnolia Deciduous Medium Magnolia kobus Kobus magnolia Deciduous Medium Malus fusca Pacific crabapple Deciduous Medium glyptostroboide Deciduous Metasequoia s Dawn redwood conifer Large Nyssa sylvatica Tupelo Deciduous Medium Ostrya virginiana Ironwood Deciduous Medium Picea abies Norway spruce Conifer Large Picea orientalis Oriental spruce Conifer Large Pinus densiflora Japansese red pine Conifer Medium Pinus thunbergii Japanese black pine Conifer Medium Pinus contorta Contorta Shore pine Conifer Medium Populus tremuloides Quaking aspen Deciduous Medium Pseudotsuga menziesii Douglas fir Conifer Large Quercus garryana Garry oak Deciduous Large Quercus robur English Oak Deciduous Large Quercus bicolor Swamp white oak Deciduous Large Quercus coccinea Scarlett oak Deciduous Large Quercus dentata Japanese Emperor oak Deciduous Large Quercus macrocarpa Bur oak Deciduous Large Quercus phellos Willow oak Deciduous Large Cultivated Genus Species Variety Common Name Class Size Quercus rubra Red oak Deciduous Large Quercus frainetto Hungarian oak Deciduous Medium Quercus robur Fastigiata Pyramidal English oak Deciduous Medium Robinia pseudoacacia Black locust Deciduous Large Robinia pseudoacacia Frisia Golden Black Locust Deciduous Medium Salix lasiandra Pacific willow Deciduous Medium Styphnolobiu m japonicum Japanese pagodatree Deciduous Large Deciduous Taxodium distichum Baldcypress conifer Large Tilia cordata Little leaf linden Deciduous Large Tilia americana Deciduous Large Ulmus americana Brandon Brandon elm Deciduous Medium Ulmus parvifolia Lacebark elm Deciduous Medium Zelkova serrata Green Vase Green Vase zelkova Deciduous Medium Zelkova serrata Japanese zelkova Deciduous Medium Or another species acceptable to the Director that has a height at maturity of greater than 10.0 m C. Part 2 – Replacement species acceptable for 2:1 replacement Cultivated Genus Species Variety Common Name Class Size Acer davidii David’s maple Deciduous Small Acer truncatum Shangtung maple Deciduous Small Acer griseum Paperbark maple Deciduous Small Chitalpa tashkentensis Chitalpa Deciduous Small Cornus kousa Satomi Satomi dogwood Deciduous Small Cornus X Venus Venus Venus dogwood Deciduous Small Crataegus douglasii Black hawthorn Deciduous Small Davidia involucrata Hankerchief tree Deciduous Small Frangula purshiana Cascara Deciduous Small Koelreuteria paniculata Goldenraintree Deciduous Small Maackia amurensis Amur mackia Deciduous Small Magnolia x Galaxy Galaxy magnolia Deciduous Small Broadleaf Magnolia grandiflora Victoria Victoria magnolia evergreen Small Oxydendrum arboreum Sourwood Deciduous Small Parrotia persica Persian ironwood Deciduous Small Ruby Vase persian Parrotia persica Ruby Vase Ironwood Deciduous Small Cultivated Genus Species Variety Common Name Class Size Phellodendron amurense Amur cork tree Deciduous Small Pistacia chinensis Chinese pistache Deciduous Small Prunus sargentii Sargent’s cherry Deciduous Small Broadleaf Quercus ilex Holly oak evergreen Small Sorbus x hybridia Oakleaf mountain ash Deciduous Small Stewartia pseudocamilia Japanese stewartia Deciduous Small Styrax obassia Fragrant snowbell Deciduous Small Taxus brevifolia Pacific yew Deciduous Small Or another species acceptable to the Director that has a height at maturity of less than 10.0 m D. Part 3 – Replacement species acceptable for 1:1 replacement for trees above structures

Where the soil volume available on structure is 6.0 m3 per tree or more:

  • Cultivated Genus Species Variety Common Name Class Acer griseum Paperbark maple Deciduous Chitalpa tashkentensis Chitalpa Deciduous Cornus kousa Satomi Satomi dogwood Deciduous Cornus X Venus Venus Venus dogwood Deciduous Crataegus douglasii Black hawthorn Deciduous Maackia amurensis Amur mackia Deciduous Magnolia x Galaxy Galaxy magnolia Deciduous Broadleaf Magnolia grandiflora Victoria Victoria magnolia evergreen Oxydendrum arboreum Sourwood Deciduous Parrotia persica Persian ironwood Deciduous Parrotia persica Ruby Vase Ruby Vase persian Ironwood Deciduous Sorbus x hybridia Oakleaf mountain ash Deciduous Styrax obassia Fragrant snowbell Deciduous Taxus brevifolia Pacific yew Deciduous In addition to the previous species, where the soil volume available on structure is 10.0 m3 per tree or more:
  • Cultivated Genus Species Variety Common Name Class Acer davidii David’s maple Deciduous Koelreuteria paniculata Goldenraintree Deciduous Malus fusca Pacific crabapple Deciduous Phellodendron amurense Amur cork tree Deciduous Cultivated Genus Species Variety Common Name Class Broadleaf Quercus ilex Holly oak evergreen In addition to the previous species, where the soil volume available on structure is 15.0 m3 per tree or more:
  • Cultivated Genus Species Variety Common Name Class Rugged Acer miyabei Ridge Rugged Ridge maple Deciduous Magnolia accuminata Yellow Bird Yellow Bird magnolia Deciduous Magnolia kobus Kobus magnolia Deciduous Pinus densiflora Japansese red pine Conifer Pinus thunbergii Japanese black pine Conifer Pinus contorta Contorta Shore pine Conifer Or, for any of the above soil volumes, another species acceptable to the Director that is likely to flourish in the soil volume provided on the structure E. Part 4 – Requirements for siting, soil volume, timing of planting, and size of stock Siting 1 Replacement trees must be planted:
  • (a) At least 2.0 m away from a building foundation wall,
  • (b) At least 1.0 m away from any property line of a lot, above and underground utility, driveway or other paved surface, and
  • (c) In a location approved by the Director. 2 Every replacement tree must be spaced from existing trees and other replacement trees in accordance with the table below to ensure the best chance of survival of the replacement and existing trees. Row Tree Size Min spacing 1 Small tree (Schedule “E”, Part 2) 2.0 m 2 Medium tree (Schedule “E”, Part 1) 4.0 m 3 Large tree (Schedule “E”, Part 1) 6.0 m Soil volume 3 The applicant must demonstrate that appropriate soil volume will be provided for any replacement tree in accordance with the recommended targets in Schedule “E”, Parts 1, 2 and 3 or as approved by the Director. Min Shared or Row soil Tree Size irrigated soil # volume 3 3 volume (m ) (m ) 1 Small tree (Schedule “E”, Part 2) 8.0 6.0 2 Medium tree (Schedule “E”, Part 1) 20.0 15.0 3 Large tree (Schedule “E”, Part 1) 35.0 30.0 4 Soil volume shall be calculated as:
  • (a) On ground: Surface area (Length x Width) of connected pervious x 1
  • (b) On structure:
  • (i) Soil: Volume of soil (Length x Width x Depth)
  • (ii) Soil cells: Volume of soil cell installation (Length x Width x Depth) x 0.92
  • (iii) Structural soil: Volume of structural soil (Length x Width x Depth) x 0.2 5 Replacement trees must meet the applicable plant condition and structure requirements set out in the latest edition of the CNLA/CSLA “Canadian Landscape Standard” and the CNLA "Canadian Nursery Stock Standard". Timing of planting 6 Replacement trees must be planted during the suitable local planting seasons generally defined as fall (September – November) and spring (February – April). 7 Despite section 6, where planting must occur outside of the prescribed time periods, then a strategy for ensuring the trees are watered (in the summer) and appropriately cared for must be included as part of the tree permit application. Size of stock 8 Replacement trees must be:
  • (a) For sites of development related tree permits, a minimum of 6.0 cm caliper at time of planting for deciduous trees, and a minimum of 2.0 m in height for coniferous trees, or
  • (b) For all other sites, a minimum 4.0 cm caliper or 10 gallon pot size for deciduous trees, and

a minimum of 1.5 m in height for coniferous trees, except for the tree species Arbutus menziesii, which must be contained in a #5 pot when acquired from a nursery or a landscaper-supplier, or

  • (c) Despite the above subsections, replacement trees may be of a comparable size approved by the Director if obtaining the above sizes is not possible. SCHEDULE “F” MINIMUM NUMBER OF TREES REQUIRED PER LOT The number of trees required per lot is determined by lot area as follows: Row Area (m ) Trees Required 1 <300 1 2 300 - 499 2 3 500 - 699 3 4 700 - 899 4 5 900 - 1099 5 6 1100 - 1299 6 7 1300 - 1499 7 8 1500 - 1699 8 9 1700 - 1899 9 10 1900 - 2099 10 11 2100 - 2299 11 12 2300 - 2499 12 13 2500 - 2699 13 14 2700 - 2899 14 15 2900 - 3099 15 16 3100 - 3299 16 17 3300 - 3499 17 18 3500 - 3699 18 19 3700 - 3899 19 20 3900 - 4099 20 21 4100 - 4299 21 22 4300 - 4499 22 23 4500 - 4699 23 24 4700 - 4899 24 25 4900 - 5099 25 26 5100 - 5299 26 27 5300 - 5499 27 28 5500 - 5699 28 29 5700 - 5899 29 30 5900 - 6099 30 31 6100 - 6299 31 32 6300 - 6499 32 33 6500 - 6699 33 34 6700 - 6899 34 35 6900 - 7099 35 36 7100 - 7299 36 37 7300 - 7499 37 38 7500 - 7699 38 39 7700 - 7899 39 40 7900 - 8099 40 41 8100 - 8299 41 42 8300 - 8499 42 43 8500 - 8699 43 44 8700 - 8899 44 45 8900 - 9099 45 46 9100 - 9299 46 47 9300 - 9499 47 48 9500 - 9699 48 49 9700 - 9899 49 50 9900 - 10099 50 51 >10099 The following formula applies, rounded to the nearest integer: 𝐿𝐿𝐿𝐿𝐿𝐿𝐿𝐿𝐿𝐿𝐿𝐿 𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎 (𝑚𝑚𝑚𝑚2) SCHEDULE “G” LETTER OF ASSURANCE REQUIREMENTS 1 The purpose of the letter of assurance is to list and describe the specific areas or activities requiring arborist supervision as prescribed in the arborist report and confirm that the arborist and

owner agree that the arborist will be onsite to supervise these specific areas or activities. An arborist must be onsite for activities described in the arborist report, whenever work occurs in or around the protected root zone of a protected tree and when a tree protection barrier is removed. 2 The letter of assurance must be from the arborist and the owner to the City, and state that the arborist will perform or supervise work in specific areas or activities described in the arborist report, and may include, but is not limited to, specifications regarding:

  • (a) pre-construction treatment of trees, including root and branch pruning,
  • (b) in-construction tree protection measures including mulching, ground protection, irrigation and decompaction treatments,
  • (c) regular on-site inspections during construction, and reporting any violation of this Bylaw to the Director,
  • (d) restorative landscape treatment, including soil renovation,
  • (e) selection and planting of any replacement trees required under this Bylaw, and
  • (f) a post-construction inspection of the site. 3 The letter of assurance must include statements confirming that the arborist will prepare:
  • (a) Site supervision memos that document each arborist supervision visit, including what was supervised, any damage observed, and photos showing the site before work starts, during work and after work is completed for each area or activity listed in the letter of assurance,
  • (b) Impact assessments detailing observed or suspected damage and mitigation options if required by the Director, and
  • (c) A post-construction report upon completion of all construction that confirms all supervision visits, impact assessments and mitigation works were completed in accordance with the approved arborist report, letter of assurance, or impact assessment, certified correct by the arborist and supported by site supervision memos, for submission in a timely manner to the Director. 4 The letter of assurance must include a statement acknowledging that it is the owner’s responsibility to coordinate the arborist to be on-site per the letter of assurance requirements and that failure to follow any requirements in the letter of assurance is considered a violation of the tree permit for the site. 5 The letter of assurance must be signed by the arborist and owner. [END OF TREE PROTECTION BYLAW] APPENDIX 1 Schedule LL Tree Protection Bylaw Offences and Fines Item Column 1 – Offence Column 2 – Section Column 3 – Set Fine Column 4 – Fine if # paid within 30 days 1 Cut/damage/prune/ 4(1) $1,000.00 $850.00 remove tree in conflict with Bylaw 2 Cut/damage/prune/ 4(1)(b) $1,000.00 $850.00 remove tree in conflict with tree permit 3 Not comply with Bylaw 4(2) $1,000.00 $850.00 4 Not comply with tree 4(3) $1,000.00 $850.00 permit 5 Alter/falsify/ 4(4) $300.00 $250.00 misrepresent information on tree permit/application 6 Fail to obtain tree 5(1) $300.00 $250.00 permit to cut/prune/ remove 7 Fail to obtain tree 5(2) $300.00 $250.00 permit for replacement 8 Fail to provide 6(1) $300.00 $250.00 information to Director 9 Fail to apply for tree 6(2) $300.00 $250.00 permit for construction or disturbing site 10 Fail to comply with tree 9(2) $1,000.00 $1,000.00 permit conditions 11 Fail to provide evidence 15(2)(a) $1,000.00 $850.00 of emergency 12 Fail to take action to 15(2)(b) $300.00 $250.00 obtain tree permit 13 Removal of tree 15(3) $175.00 $125.00 remains before Director’s determination 14 Fail to replace tree 15(4) $750.00 $750.00 removed in emergency 15 Cut/prune/remove 15(5) $1,000.00 $1,000.00

when tree is not failing 16 Fail to prune/cut/ 16(1) $175.00 $125.00 remove when required by Director 17 Fail to identify trees for 17(1) $250.00 $200.00 removal 18 Fail to post public 17(2) $150.00 $125.00 notice as required 19 Fail to dispose of tree 17(3) $125.00 $75.00 parts as required 20 Fail to 18(1) $750.00 $650.00 cut/prune/remove/ retain/replace tree in best practice 21 Construction/site 18(2)(a) $750.00 $650.00 disturbance without tree protection 22 Construction/site 18(2)(b) $750.00 $650.00 disturbance without Director approval 23 Construction/site 18(2)(c) $750.00 $650.00 disturbance without tree permit 24 Fail to leave tree 18(3) $750.00 $650.00 protection in place 25 Fail to restore tree 18(4) $750.00 $650.00 protection 26 Fail to do mitigation 19(1)(a) $1,000.00 $850.00 work when required 27 Removal of tree 19(3) $400.00 $350.00 remains without authorization 28 Fail to plant 20(1) $750.00 $750.00 replacement 29 Fail to plant 20(6) $750.00 $750.00 replacement on same lot 30 Fail to achieve tree 21(1) $750.00 $750.00 minimum 31 Fail to plant 22(1) $300.00 $250.00 replacement in time 32 Fail to plant/maintain in 22(2) $750.00 $750.00 accordance with requirements 33 Fail to replace/maintain 22(3)(a) $750.00 $750.00 as required 34 Prevent/obstruct 28(2) $500.00 $500.00 inspection 35 Fail to comply with 29(1) $500.00 $450.00 order/notice/Bylaw 36 Activity when Stop 29(3) $500.00 $450.00 Work notice effective

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