Surrey : Règlement no 16100, art. 29(a) — Tree Protection Bylaw

where an arborist provides an arborist report to the satisfaction of the General Manager that a tree is an unreasonable hazard to the safety of persons or property, or where the applicant has otherwise demonstrated to the satisfaction of the General Manager that the tree is hazardous, dead, damaged, diseased or in decline beyond expectation of recovery;

• (b) where the General Manager, or his or her duly authorized representative, or an engineer employed by any public utility or an arborist certifies that in his or her opinion a tree is impairing, interfering with, or presents a risk or hazard to the operation of sewers, drains, water lines, septic fields, electrical lines, poles or other similar equipment and appurtenances and that the impairment, interference or risk cannot be reduced or removed in any way other than the removal of the tree;
• (c) where the tree prevents the owner of the lot on which the tree is located from developing or using a lot in a manner permitted under the Zoning Bylaw, and the development or use cannot be modified to accommodate the tree without causing

the owner undue hardship as determined by the General Manager;

• (d) where:
• (i) the tree is situated within two (2) metres of an existing building foundation wall permitted pursuant to the Zoning By-law, as measured from the outer stem of the tree at 1.4 metres up the stem, to the foundation; or
• (ii) a building permitted by the Zoning By-law is proposed and the building layout, location, or shape cannot be modified to accommodate the tree without causing the owner undue hardship as determined by the General Manager.
• (e) where the tree is situated on a lot within the Agricultural Land Reserve, which is zoned to permit agricultural use and the application is accompanied by a sworn declaration of the owner declaring that the tree is to be cut or removed to permit agricultural use, that the agricultural use cannot be located elsewhere on the lot so as to accommodate the tree, and that the owner agrees in writing that no application for subdivision, rezoning, or development of that lot will be accepted by the City for a period of five (5) years commencing on the date of issuance of the tree cutting permit; or
• (f) where the tree is situated on a lot outside the Agricultural Land Reserve, which is zoned to permit agricultural use and the application is accompanied by an arborist - 11 - report and by a sworn declaration of the owner declaring that the tree is to be cut or removed to permit agricultural use, that the agricultural use cannot be located elsewhere on that lot so as to accommodate the tree, and where the owner enters into a restrictive covenant registered on the title of the lot documenting that the

owner has agreed not to make application for development of the lot for a period of ten (10) years, and that full replacement tree s and all other applicable provisions of this Bylaw, as determined by the General Manager, will apply should the development application be considered for the lot within the ten (10) year period.