Staff Report - Proposed Tree Protection Bylaw No. 1069, 2021

TOWN OF VIEW ROYAL COMMITTEE OF THE WHOLE REPORT

TO: Committee of the Whole DATE: April 30, 2021 FROM: J. Rosenberg, Director of Engineering MEETING DATE: May 11, 2021

PROPOSED TREE PROTECTION BYLAW NO. 1069, 2021

RECOMMENDATION:

THAT the April 30, 2021 report prepared by the Director of Engineering entitled “Tree Protection Bylaw No. 1069, 2021” be received for information.

CHIEF ADMINISTRATIVE OFFICER’S COMMENTS:

I concur with the recommendation.

DIRECTOR OF DEVELOPMENT SERVICES’ COMMENTS:

I concur with the recommendation.

DIRECTOR OF PUBLIC SAFETY’S COMMENTS:

I concur with the recommendation.

PURPOSE OF REPORT:

To seek the Committee’s feedback on the proposed bylaw amendments that regulate the Town’s protected trees.

BACKGROUND:

The Town’s Tree Protection Bylaw No. 695, 2009 (see Attachment “A”) has not been amended in several years. As the issue of tree canopy has grown in significance, the bylaw needs to be repealed and replaced with a revamped bylaw reflecting changes to protect and support tree canopy sustainability.

Tree canopy loss due to land development has been identified as a significant issue within the Town’s Strategic Plan. Recognizing that development has an impact on climate change, environmental protection, and the sustainability of urban tree canopy staff began a bylaw review in early 2021, including research of changes to the recent bylaw amendments made in the neighbouring municipalities of Victoria, Saanich and Oak Bay, as well as a multi-departmental team review.

DISCUSSION:

As part of the Tree Protection Bylaw review, staff have proposed several significant changes, and seek the Committee’s feedback. Attached for consideration (see Attachment “B”) is a comparison highlighting the key components of View Royal’s existing bylaw, proposed amendments, as well as the recently updated bylaw changes to Victoria, Saanich and Oak Bay bylaws.

Summary of recommended changes:

1. Protected Trees - amend Currently the Town protects 11 species of trees. Staff recommend adding an additional species, Shore Pine, to this native tree list.

2. Protected Trees - add Staff propose adding to the list:

   • Replacement trees;
   • Any tree with evidence of a nest used by raptors, osprey, heron;
   • Trees planted or retained as a requirement of a subdivision permit, development permit, or building permit;
   • Trees on Town-owned property.

3. Significant Trees - delete Significant trees are intended to protect trees for their importance to the community such as for heritage or landmark value, or as a wildlife habitat, however the Town has no trees listed on the bylaw schedule. As well, it is likely that trees considered under this designation would be protected through species, size or “other” reasons included under protected trees.

   Staff have proposed removal of this designation or order to remove the Schedule “A” of the existing bylaw, which does not list any trees.

4. Pruning/Altering a Tree - amend Currently a permit is required to prune/alter a tree branch that has a 5cm diameter or more. The proposed change to 10cm will reduce the volume of permits to be processed and is in line with the other municipalities.

5. Emergency Removal - amend The current bylaw allows for emergency removal of trees or tree limbs, provided it has been damaged by a natural cause within the preceding 24-hour period, is an imminent danger, and that the Director is notified within 72 hours. We have proposed a change to the notification requirement to next business day to allow improved response and investigation time for the Town’s Bylaw Officer.

6. Trees in a Watercourse - amend The current 15 meter setback is accurate for ocean front properties, however with respect to watercourses, to be consistent with riparian area regulations for fresh waterbodies, the proposed setback has been amended to 30 meters.

7. Penalties - amend While staff have not amended the current fines of $3,000 for a first offence, and $10,000 for subsequent offences, the courts have historically reduced these amounts as they are considered too extreme. The MTI fees, however have been amended/consolidated (see Attachment “C”).

8. Replacement Tree Cost - amend Currently where a replacement tree cannot be accommodated on a property, a resident or developer may apply to pay a fee of either $100 (size) or $150 (species) for the tree to be planted elsewhere in the Town. The actual cost of planting and maintaining a replacement tree for a two-year period however is considerably more, thus has been amended to $500 per tree.

9. Building Envelope Exemption - delete Currently, when a protected tree is located within the building envelope of a lot, and the building plans/permits have been approved, the tree is considered bylaw exempt. The proposed bylaw amendment will eliminate this exemption and will require replacement trees.

10. Permit Fee - add The Town does not currently charge a permit fee, however we have proposed a priority processing fee for those who occasionally request to expedite the process.

CONCLUSION/NEXT STEPS:

Once feedback from the Committee has been received and incorporated, the revised bylaw will be sent for legal assessment, and brought back to the Committee for review.

RECOMMENDATION:

THAT the April 30, 2021 report prepared by the Director of Engineering entitled “Tree Protection Bylaw No. 1069, 2021” be received for information.

SUBMITTED BY: J. Rosenberg, Director of Engineering

REVIEWED BY: K. Anema, Chief Administrative Officer