Burlington By-law 040-2022, s. 7.5(a) — Private Tree By-law

the tree(s) has been confirmed dead, to the satisfaction of the Manager;

• (b) the tree(s) has been confirmed to have a terminal condition, to the satisfaction of the Manger;
• (c) the tree(s) has been confirmed to be a high-risk tree, to the satisfaction of the Manager;
• (d) despite subsections 7.7(b) and 7.7(c) of this By-law, where the application satisfies the requirements of this by-law, there will be no negative impacts to flood or erosion control or slope stability that cannot be adequately mitigated, and:
• (i) the application is to permit the creation or extension of a building or structure which requires the tree(s) to be injured or destroyed for the proposed works, and the Manager determines that there are no reasonable alternatives to the injury or destruction of the tree(s);
• (ii) the tree(s) is in conflict with a pool enclosure, and the Manager determines that there are no reasonable alternatives to the injury or destruction of the tree(s);
• (iii) the tree(s) are causing or are likely to cause damage to underground infrastructure or the structural integrity of a building;
• (iv) the tree(s) are to be relocated and the Manager is satisfied that the tree(s) will be sufficiently prepared for relocation;
• (v) the owner has submitted a tree protection plan to the satisfaction of the Manager and it is reasonably determined by the Manager that:
• i. the injury is minor in nature; or
• ii. that the applicant has proposed remedial and/or mitigative measures and the tree is expected to continue to survive in good condition; or
• (vi) none of subsections 7.5(d)(i) –(v) are applicable, but the Manager determines that there are no reasonable alternatives to the injury or destruction of the tree(s). Tree Permit Conditions