STAFF REPORT: TREE PROTECTION BYLAW INTERIM UPDATE

TREE PROTECTION BYLAW INTERIM UPDATE

RECOMMENDATION:

THAT any changes to the Tree Protection Bylaw No. 1069, 2022 as recommended in the report titled “Tree Protection Bylaw Interim Update” be reviewed in one year, in anticipation that additional changes may be recommended as part of the Urban Forest Strategy project.

ALTERNATIVE OPTIONS:

There are no alternative motions for consideration.

PURPOSE:

The purpose of this report is to respond to action item C-117-24 arising from the July 16, 2024 regular Council meeting:

THAT amendments to Tree Protection Bylaw No. 1069, 2022 be identified that would protect more trees, including those not currently covered as protected species, specifically as part of development or building permits.

BACKGROUND:

Council has expressed interest in improving tree protection within the Town. This was initiated at the April 16, 2024 Council meeting whereby staff was directed to outline options to improve the protection and retention of mature trees on public and private property (Action Item C-70-24). While the development of these options is currently underway and expected in the Fall 2024, Council further directed staff on July 16, 2024 to provide immediate changes to the Tree Protection Bylaw (the “Bylaw”) to protect more trees and mitigate the impacts to trees due to development. Changes suggested by Council included incorporating smaller trees and more species into the definition of a protected tree within the Bylaw.

As a result, staff have reviewed tree protection bylaws of various neighbouring municipalities to (1) compare and contrast the differences in each municipality’s definition of a protected tree, and (2) compare and contrast the differences in replacement tree and financial requirements as part of the tree permitting process.

PRELIMINARY ASSESSMENT:

Staff compared the current Town Bylaw to the respective bylaws of all of its neighbouring municipalities: City of Langford (1yr temporary for 2024), City of Colwood (2022), Township of Esquimalt (2022) and District of Saanich (2019). The City of Victoria (2021) was also incorporated into the comparison exercise.

Comparison – Protected Tree Size and Species

Generally, the Town’s Bylaw definition of a protected tree is generally consistent or better than other municipal bylaws:

• The Town’s Bylaw identifies ten different native species to be automatically considered a protected tree, regardless of tree size. This definition is generally better at protecting trees than other municipal bylaws:
  • other bylaws identified fewer native species (on average eight species only);
  • other bylaws had minimum size stipulations for a native tree to be considered a protected tree while the Town’s Bylaw does not.
• The Town’s Bylaw states that any tree having a diameter greater than 30cm DBH (diameter at breast height) is a protected tree. This definition is generally consistent or better than other municipal bylaws:
  • There are a range of tree sizes that municipalities use to stipulate whether a tree is considered protected. Some use the same 30cm DBH requirement while others have increased the size to 60cm DBH. Therefore, the Town’s bylaw is consistent or better at protecting trees than the bylaws of other municipalities;
  • One municipality has enacted a temporary tree protection bylaw until a more comprehensive urban forest management plan is in place. At this time, the municipality considers any tree greater than 20cm DBH to be protected. However, there are exemptions to this bylaw including but not limited to trees authorized to be cut down in accordance with a development or building permit.

Comparison – Replacement Tree Requirements & Financial Requirements

Currently, the Town’s bylaw requires a 2-to-1 tree replacement ratio for every protected tree that has been permitted to be removed. This is indicative of both development and non-development applications. Furthermore, a cash in lieu option is grantable in circumstances where a replacement tree cannot be placed within the property (space, survivability, long term performance, etc.): the cash in lieu amount is identified in the Town’s Fees and Charges Bylaw, at $500 per tree.

Most municipal bylaws reviewed stipulate tree replacement quantities one of two ways:

• A 2:1 tree replacement ratio, similar to the Town’s Bylaw requirement;
• A range between 1:1 to a 3:1 replacement ratio, dependant on protected tree species, size or height. At this time staff assume that the ratio is tied to the municipality’s tree canopy coverage targets;
• A one-year maintenance period is consistent throughout all municipalities reviewed.

Cash in lieu amounts also vary:

• For development related applications, cash in lieu amounts range from $700 to $2500 per replacement tree.

DISCUSSION:

Limitations to the Proposed Bylaw Changes

Staff are limited to proposing short term Bylaw amendments until the more data driven report is provided to Council to satisfy Council Action Item C-70-24 (Fall 2024). Any changes to the Bylaw as a result of this staff report will still be audited as part of the developing Urban Forest Strategy, which is currently in progress. Additional amendments could be made, for Council consideration, as part of the Urban Forest Strategy process.

Staff recommend the incorporation of additional protected species into the Bylaw be informed by the Urban Forest Strategy. The Town’s protected species list covers more trees than the surrounding region, and more technical details are required to better understand why certain species are protected and why some are not. Regardless, the proposals suggested below would invariably protect more species.

Adding specific, development related building setbacks from protected trees is not currently being proposed as there are no “one-size fits all” like this known to staff. Further analysis is required by the urban forestry consultant which will be delivered as part of a future technical report and ultimately the Urban Forest Strategy. Additionally, as discussed at the July 9, 2024 Committee of the Whole meeting, there are other tools available to Council including:

• Section 219 restrictive covenants on properties to protect trees and greenspace as conditions of rezoning (e.g. 339-345 Island Hwy rezoning file).
• Development Permits - these are one of the most effective legal tools for the protection of environmentally sensitive areas and setting out expectations regarding “form and character” of development. The Town’s form and character Development Permit Areas contain design guidelines that strongly encourage the retention of mature trees, wherever possible. These also apply to small-scale, multi-unit housing developments. Additionally, form and character development permits are subject to Council review and approval.

How Can the Town Protect More Trees In the Short Term?

Balancing Council’s initiative to protect more trees with current staffing resources, the following amendments to the Town’s Tree Protection Bylaw could be made in the short term until a more fulsome report is provided in Fall 2024:

1. Temporarily include smaller tree sizes into protected tree definition for one year until the Urban Forest Strategy is completed – the Town could consider amending the definition of protected trees to be any tree that is 20cm DBH instead of the current 30cm DBH classification (as is done by one municipality on a temporary basis). Doing so will impact:
   • Staff: an increase in permit applications and review time is expected. The impact could be significant depending on the overall size distribution of trees in View Royal;
   • Residents and arborists: residents and the urban forest industry must be made aware of the Bylaw changes to ensure that proper permitting is followed. Engagement is recommended as a result;
   • Development servicing: additional replacement trees may be required to be planted due to more trees being considered a protected tree;
   • The urban forest: more replacement trees would be planted as a result of additional replacement trees being required, potentially improving on tree canopy cover and urban forest health;
   • Revenue: it is anticipated that more cash-in-lieu requests may be requested by applicants that would increase tree permit revenues that goes towards the replacement tree reserve fund.
2. Provide more clarity in the Tree Protection Bylaw of the additional reporting requirements that the Town may request of the applicant depending on the nature, extent, siting or impact of any works around trees. This is especially important for development related applications so that developers and their arborists have a more comprehensive understanding of what is to be reported to the Town regarding tree impacts and preservation. This would also mitigate staff re-review times and provide Council with more fulsome and consistent reporting, helping offset the expected increase in level of service of staff. Such clarifications to the Bylaw include:
   • Minimum requirements to be included in arborist reports to provide the necessary information to determine suitable trees for preservation, and to prescribe tree protection and mitigation measures clearly and concisely;
   • Minimum requirements to be included in tree surveys and tree management plans to accurately locate the position and size of trees, its canopy and protected root zones in relation to the ground disturbances that may be expected of development;
   • Minimum requirements to be included in tree management plans to inform on temporary and permanent cut and fill slopes and its impacts to trees within the development site.

In addition to the proposed changes to the Tree Protection Bylaw, staff recommend amendments to the Town’s Fees and Charges Bylaw and Municipal Ticketing Bylaw:

3. Increase the cash in lieu rate from $500 per tree to $700 per tree for development related tree permits. This would be a nominal increase to maintain consistency with other municipalities. It would capture the inflationary increase in the cost to supply and install trees on Town property, thus ensuring that the quality and workmanship in installing future trees is maintained. Additional increases would be informed by the future Urban Forest Strategy;
4. The municipal ticketing bylaw should also be amended to increase the charges against failing to plant and maintain replacement trees from $300 to $700 per tree.

ANALYSIS:

Impacts and implications can be summarized as follows:

ALIGNMENT:

The recommended option aligns with the Town’s core guiding documents as follows:

PUBLIC PARTICIPATION GOAL:

The expected level of engagement will be to inform the public of any anticipated short term Bylaw changes, with the ability for further engagement to take place as part of the current Urban Forest Strategy work:

[x] Inform [ ] Consult [ ] Involve [ ] Collaborate [ ] Empower [ ] N/A

TIME CRITICAL:

The contents of this report are not time critical. Additional proposed changes to the Tree Protection Bylaw will be informed through the Town’s Urban Forest Strategy.

CONCURRENCE:

REVIEWED BY:

ATTACHMENTS:

1. Tree Protection Bylaw No. 1069, 2022, Amendment Bylaw No. 1145, 2024.
2. Redline Tree Protection Bylaw No. 1069, 2022, Amendment Bylaw No. 1145, 2024.
3. Fees and Charges Bylaw No. 958, Amendment Bylaw No. 1146, 2024.
4. Redline Fees and Charges Bylaw No. 958, Amendment Bylaw No. 1146, 2024.
5. Municipal Ticketing Information Bylaw No. 643, Amendment Bylaw No. 1147, 2024.
6. Redline Municipal Ticketing Information Bylaw No. 643, Amendment Bylaw No. 1147, 2024.