Appendix
Tree Bylaw Comparison - 2021 (Attachment 'B')
May 11, 2021Page 2691 section
A table comparing View Royal's current and proposed tree bylaws with those of Victoria, Saanich, and Oak Bay.
Comparison factors: protected species, size, pruning rules, penalties, and replacement ratiosProposed View Royal pruning branch diameter change: from 5 cm to 10 cm
Tree Bylaw Comparison - 2021
General
| General | Current TVR Bylaw No. 695 | Proposed amendments to new TVR Bylaw No. 1069 | Victoria | Saanich | Oak Bay |
|---|---|---|---|---|---|
| Amended | 2014 (add cash in lieu for replacement trees) | 2021 | Nov 2019 | Sept 2019 | July 2020 |
| 1. Protected Species/Size | 11 species | 12 species | 7 species | 8 species | 6 species |
| Garry Oak Arbutus Pacific Dogwood Pacific Yew Douglas Fir Grand Fir Big Leaf Maple Western Red Cedar Sitka Spruce Sequoia Coast Redwood |
add Shore Pine | Garry Oak Arbutus Pacific Dogwood Pacific Yew Douglas Fir Big Leaf Maple Western Red Cedar |
Garry Oak Arbutus Pacific Dogwood Pacific Yew Douglas Fir Grand Fir Big Leaf Maple Western Red Cedar |
Garry Oak Arbutus Pacific Dogwood Pacific Yew Shore Pine Black Hawthorne |
|
| Protected - size | dbh 30cm | dbh 30cm | dbh 30cm | dbh 60cm | dbh 30cm |
| 2. Protected - other | restrictive covenant | add replacement trees, any tree with evidence of a nest used by raptors, osprey, heron; Town-owned property; trees planted or retained as a rqmt of a subdivision permit, development permit or building permit | n/a | over 10cm/5m in streamside; evidence of nest for raptors, ospreys, herons; tree on saanich property | any tree with evidence of a nest used by raptors, osprey, heron; and tree with scientific value |
| 3. Significant Trees | Schedule A (no trees listed on schedule) | removed | Schedule A (no trees listed on schedule) | many private & muni; includes community, heritage, landmark or wildlife habitat; 50% maintenance grant | 9 trees on public lands; private can be included but property owner must agree |
| 4. Pruning/alter - branch | 5 cm | 10 cm | 10 cm | 5cm; permit not req'd (except for Significant) when done in accordance with sound aboriculture practices | 5 cm if protected by species; 10cm of other protected |
| 5. Emergency Removal | severely damaged in past 24 hrs/imminent danger; contact Town within 72 hrs with photos | severely damaged in past 24 hrs/imminent danger; contact Town within 1 business day with photos | severely damaged by natural causes, imminent danger | n/a | under supervision of arborist, report in 1 business day, provide written report from qualified assessor |
| 6. Watercourse | no removal within 15m | no removal within 30m | 15m | Streamside dev permit | |
| 7. Penalties | $3k 1st, $10k sub, plus various specific listed in MTI | $3k 1st, $10k sub, plus various specific listed in MTI | $1,500 1st; $3,000 sub; $250 seedling; max $10k; each day a separate offence | not less than $1k for first offence, not less than $2k for subsequent; $5k for significant trees, misc not less than $250; each tree is a separate offence | not more than $10k, and not less than the fines prescribed in bylaw schedule ($1,000-2,500 - see schedule B) |
| Cash in lieu | $150 (species) $100 (size) | $500 per tree | $2,000 | $300 | $500 per tree |
| 9. Building Envelope Exemption | building envelope, bldg addition, or accessory bldg | not exempt | exempt for building envelope, bldg addition, or accessory bldg | not exempt | not exempt |
Private Property
| Private Property | Current TVR | Proposed amendments to new TVR Bylaw No. 1069 | Victoria | Saanich | Oak Bay |
|---|---|---|---|---|---|
| Permit Fee | 0 | up to 12 weeks wait, no fee; priority 2-4 wks $100 | $50 for first 3 trees + $5/tree for additional (no charge for pruning/removal of dead, dying diseased, hazardous, emergency) | 0 | $50 (type 1 permit) |
| Security | 120% as req'd by DoE | 120% as req'd by DoE | $700 (mandatory; cash or letter of credit) | $300 (mandatory) | $700 (mandatory) tree |
| Replacement trees | 2/1; height 1.5m, caliper 5cm; species approved by DoE; arbutus replace w/arbutus | 2/1; height 2m, caliper 5cm | 2/1 same species as removed; or as auth by Director; 1.5m/4cm; arbutus #5 pot | 3/1; deciduous-4cm@15cm above ground; coniferous-3m high; native to be selected from predetermined list - 2.5cm/1.8m (reduced size req for native plantings) | 1/1; list of trees provided on a schedule |
| Replacement period | 6 months of permit issuance or prior to occupancy | 6 months of permit issuance or prior to occupancy | n/a | 90 days from date of permit issuance | not specified |
| Maintenance Period | 2 yr | no change | n/a | 1 yr | 1 yr |
Development/Construction
| Development/Construction | Current TVR | Proposed amendments to new TVR Bylaw No. 1069 | Victoria | Saanich | Oak Bay |
|---|---|---|---|---|---|
| Permit Fee | 0 | 0 (up to 12 weeks); $100 priority processing (2-4 weeks) | $40 | $50+$30/tree for building, subdiv, blast, plumb, demo; $100+$30/tree for dev permit; $40 for amendments | $500 (type 2 permit) |
| Security | same as private property | $700 | $700 - 50% released on planting; 50% after 1 yr | $700/replacement tree ; or $1k-$10k during construction | |
| Building Envelope | exempt | remove from exemption | exempt for building envelope, bldg addition, or accessory bldg | not exempt | not exempt |
| Replacement Ratio | 2/1 | n/c | 2/1 | dead/dying, hazardous/wrong place trees replaced at 1/1; footprint or driveway 2/1; installation of roads, access, service of bare land strata 3/1 | 2/1 |
| Insufficient Area | $100/150 per tree | $500/tree | $2,000 | $300 dead/dying, hazardous/wrong place; construction $700; $1350 on public property | $500 per tree |
| Maintenance Period | 2 yr | 2 yrs | n/a | n/a | 3 yrs |
| Other | $100 reinspection fee; muni trees must be replaced @ 3/1 | Zoning - owner must plant on same parcel replacement trees up to or exceeding defined target, eg neighbourhood 35/45%, commercial |
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Related Documents
(1)Extracted from: 2021 05 11 Committee of the Whole Agenda - Agenda - Pdf