TOWN OF VIEW ROYAL COMMITTEE OF THE WHOLE REPORT - PROPOSED TREE PROTECTION BYLAW NO. 1069, 2022

PROPOSED TREE PROTECTION BYLAW NO. 1069, 2022

RECOMMENDATION:

THAT the report dated January 3, 2022 from the Director of Engineering and Engineering Clerk titled “Tree Protection Bylaw No. 1069, 2022” be received for information.

CHIEF ADMINISTRATIVE OFFICER’S COMMENTS:

I concur with the recommendation.

DIRECTOR OF PROTECTIVE SERVICES’ COMMENTS:

I concur with the recommendation.

DIRECTOR OF DEVELOPMENT SERVICES’ COMMENTS:

I concur with the recommendation.

PURPOSE:

To bring forward a revamped bylaw that regulates the Town’s Protected Trees.

BACKGROUND:

On May 22, 2021 the Director of Engineering sought Council’s feedback on proposed significant changes to the Town’s current Tree Protection Bylaw.

Based on Council’s feedback, the following recommendations have been implemented:

• Protected Trees - add Shore pine, trees with nests with evidence of Raptors, Osprey or Heron, trees on Town owned property, replacement trees; remove Sequoia and Coast Redwood;
• Significant Trees - removed;
• Pruning - increased from 5cm to 10cm with a caveat that work is to be completed by a certified arborist;
• Emergency Removal - notification period reduced from 72 hours to 24 hours;
• Watercourse - protected area has been increased from 15m to 30m;
• Penalties - revised based on legal review;
• Replacement Trees Cash-in-lieu - increased from $150 to $500 per tree;
• Replacement Trees - protected species must be replaced with same species unless otherwise approved by Director;
• Maintenance Period - reduced from 2 years to 1 year;
• Building Envelope Exemption - removed;
• Fees ($100) - added for priority processing, return staff visit;
• Development - security remains 120%, to be collected separately from other securities.

As part of the process, a legal review of the draft bylaw has been completed. The following revisions have been introduced:

Definitions – Applicant, Boundary Tree, and Qualified Geotechnical Engineer have been added; Hazardous Trees has been removed.

Enforcement and Penalties – this section has been reworded and expanded to increase the maximum penalty to $50,000 in accordance with the maximum allowable penalty under the BC Community Charter.

Securities – the tree permit security can be combined with other securities and held until the combined works are completed.

DISCUSSION:

Attached for consideration are the draft proposed Tree Protection Bylaw No. 1069 (Attachment A) incorporating the changes supported by Council at the May 22, 2021 Committee of the Whole meeting, and the current Tree Protection Bylaw No. 695 (Attachment B) with changes noted.

In support of the new bylaw, the Municipal Ticket Information Bylaw (Attachment C), as well as the Fees and Charges Bylaw (Attachment D) will require amendments.

Staff will develop and maintain a new Application Form, Tree Permit, Guidelines for Construction, as well a Consent Letter separately from the new Tree Bylaw for administrative purposes.

ALTERNATE RECOMMENDATION:

THAT the proposed Tree Protection Bylaw No. 1069, 2022 be forwarded to the Advisory Committees for discussion prior to Council consideration for adoption.

RECOMMENDATION:

THAT the report dated January 3, 2022 from the Director of Engineering and Engineering Clerk titled “Tree Protection Bylaw No. 1069, 2022” be received for information.

SUBMITTED BY: J. Smith, Engineering Clerk

SUBMITTED BY: J. Rosenberg, Director of Engineering

REVIEWED BY: K. Anema, Chief Administrative Officer

ATTACHMENTS:

Attachment A – Draft Tree Protection Bylaw No. 1069 Attachment B – Current Tree Protection Bylaw No. 695 with Noted Changes Attachment C – Municipal Ticket Information Bylaw Attachment D – Fees and Charges Bylaw