Tree Protection Bylaw No. 1069, 2022, Amendment Bylaw No. 1145, 2024 (Draft)
Draft of the specific amendments proposed for the Tree Protection Bylaw.
TOWN OF VIEW ROYAL BYLAW NO. 1145
A BYLAW TO AMEND THE TREE PROTECTION BYLAW IN RELATION TO THE PROTECTION OF TREES AS PART OF DEVELOPMENT OR BUILDING PERMITS
The Council of the Town of View Royal, in open meeting assembled, enacts as follows:
CITATION
- This Bylaw may be cited as “Tree Protection Bylaw No. 1069, 2022, Amendment Bylaw No. 1145, 2024”.
AMENDMENTS
Tree Protection Bylaw No. 1069, 2022, is hereby amended as follows:
a. By adding the following definitions under Section 2.1:
ARBORIST REPORT means a technical written report prepared by a Certified Arborist which may include one or more of the following:
a) relevant information including but not limited to surveyed location, species, size and condition of the subject tree or trees; b) the reasons for any proposed removal of a tree or trees; c) the recommended tree protection and mitigation measures; and d) a tree replacement strategy
TREE SURVEY means a survey plan prepared by an engineer or by a surveyor registered as a British Columbia land surveyor, that illustrates the location of trees in relation to the property lines of a lot, along with the size and species of each tree, plus any other information required by the Director for the purpose of assessing a tree permit application.
b. By removing Section 2.2 in its entirety and replacing with the following Section 2.2:
2.2 PROTECTED TREES include:
2.2.1 Garry Oak (Quercus garryana); 2.2.2 Arbutus (Arbutus menziesii); 2.2.3 Pacific Dogwood (Cornus nuttallii); 2.2.4 Pacific Yew (Taxus brevifolia); 2.2.5 Douglas Fir (Pseudotsuga menziesii); 2.2.6 Grand Fir (Abies grandis); 2.2.7 Big Leaf Maple (Acer macrophyllum); 2.2.8 Sitka Spruce (Picea sitchensis); 2.2.9 Western Red Cedar (Thuja plicata); 2.2.10 Shore / Contorta Pine (Pinus contorta); 2.2.11 any Tree with evidence of a nest used by: i. Raptors as defined in the Wildlife Act, R.S.B.C. 1996. C. 488; ii. Osprey; or iii. A Heron colony. 2.2.12 any Tree growing on Town-owned property; 2.2.13 any Replacement Tree; 2.2.14 any Tree growing on a property outside of the Applicant’s property; 2.2.15 any Tree planted or retained as a requirement of a subdivision permit, development permit or building permit; 2.2.16 any Tree having a diameter greater than 20 centimeters D.B.H.; and 2.2.17 any Tree protected by a restrictive covenant.
c. By removing Section 5.3.2 v. in its entirety and replacing with the following:
v. the purpose and reasons for which the Tree or Trees is proposed to be Altered or Cut.
d. By removing Section 5.3.4 in its entirety and replacing with the following Section 5.3.4:
all reports, surveys, checklists, letters and other information required under this Bylaw or as required by the Director which may include a report prepared by a Certified Arborist including:
i) an Arborist Report in accordance with Schedule “A”;; ii) a Tree Management Plan and Tree Survey in accordance with Schedule “B”; iii) a Replacement Tree strategy.
e. By adding a new Schedule “A” and Schedule “B”, as attached, to the end of Tree Protection Bylaw No. 1069, 2022.
READ A FIRST TIME THIS DAY OF , 2024.
READ A SECOND TIME THIS DAY OF , 2024.
READ A THIRD TIME THIS DAY OF , 2024.
ADOPTED BY COUNCIL, SIGNED BY THE MAYOR AND THE CORPORATE OFFICER AND SEALED WITH THE SEAL OF THE TOWN OF VIEW ROYAL THIS DAY OF , 2024.
MAYOR
CORPORATE OFFICER
SCHEDULE “A”
MINIMUM ARBORIST REPORT REQUIREMENTS
Arborist Report Information
The purpose of the arborist report is to provide the necessary information to determine suitable trees for preservation, and to prescribe tree protection and mitigation measures, including the definition of specific areas and activities requiring arborist supervision.
The arborist report must:
a) Include the following information: (i) Name of arborist and company, address, phone number and email; (ii) Proof of professional liability insurance; (iii) Arborist ISA certification number; (iv) Name and contact information of client; (v) Address of property; and (vi) Date of site visit and date of when report was submitted, with any revisions to the report dated.
b) Include all of the following trees: (i) All existing trees on the subject lot that can reasonably be provided by the certified arborist; (ii) All existing trees outside of the subject lot, with protected root zones or tree canopies extending onto the subject lot, or would otherwise require tree protection; and (iii) Replacement trees proposed on the subject lot;
c) Include unique, sequential reference IDs for all inventoried trees that correspond to the tree management plan. Onsite trees shall have a physical tag number affixed to the trunk, which will be the reference ID. For untagged trees, the following prefixes will be used: offsite (OS-##), and municipal (M-##).
d) Include a description of proposed work and, when applicable, proposed development on the lot including all hardscape, landscape, hydrology and grade changes, all proposed frontage work, and all underground and overhead utility services.
e) Include recommendations for tree protection and mitigation measures for all project phases, including but not limited to demolition, site excavation, site preload, construction, project and material staging, servicing, landscaping, grading, and other site disturbances. Recommendations must treat all trees as being retained for all phases prior to the issuance of the building permit for construction and tree permit regardless of whether they are planned to be removed. They must include at minimum: (i) Tree protection fencing locations and extents; (ii) Specific activities and areas when arborist supervision is required; (iii) Site access routes; (iv) Material storage areas; (v) Any pruning that may be required to provide clearance; (vi) Post-construction tree care measures; and (vii) Other necessary mitigation measures.
f) Include a list of other consulting agency documents that inform the tree assessment, including the version and date of such documents (e.g. lot layout plans, servicing plans, biologist reports, lot grading plans).
g) Include a tree inventory table, providing information on each tree identified pursuant to subsection (b), which shall include the following columns; (i) Tree ID; (ii) Species (common and botanical); (iii) Bylaw status (protected, non-protected, municipal) (iv) DBH (cm); (v) Protected Root Zone (“PRZ”, measured in m radius from trunk); (vi) Canopy spread (diameter and m from trunk); (vii) Structural condition (poor, fair, good); (viii) Health condition (poor, fair, good); (ix) Retention suitability (suitable, unsuitable); (x) Species tolerance to disturbance (poor, moderate, good); (xi) Recommendation to remove or retain, or if the retention status is “to be determined”; (xii) Specific reason for removal or “to be determined”, if applicable; and (xiii) Comments (including prune or cut), and location.
h) Include site photos that: (i) Capture the context of inventoried trees on the site; (ii) Capture individual trees when there are specific considerations or conditions of concern for that tree that are addressed in the arborist report; (iii) Are labelled as numbered figures with captions describing any numbered tree tags, direction of photo, and description of what is pictured; and (iv) Are marked up with tree tag numbers for each tree if multiple trees are shown.
i) Include a construction impact assessment, complete with a summary table, outlining the retention, removal and “to be determined” onsite trees, offsite trees and municipal trees;
j) Include a tree replacement summary table counting replacement trees required, and calculating cash-in-lieu amounts;
k) Include the signature of the arborist;
l) Either: (i) Be dated within one year of the tree permit application date; or (ii) Have a covering letter from the original author stating that they have visited the site and the conditions and recommendations contained in the original report remain valid.
m) Identify any revisions or amendments necessary and approved by the Town into the original report with all changes identified;
Where the original arborist report submitted to the City is incomplete or inaccurate, the Director may retain the services of an independent arborist or other professional to review an arborist report, to be paid by the Applicant and prior to issuance of the tree permit.
SCHEDULE “B”
MINIMUM TREE SURVEY AND TREE MANAGEMENT PLAN REQUIREMENTS
A. Tree Survey
The purpose of the tree survey is to accurately locate the position of the trees on or adjacent to a property to establish ownership and to accurately establish the protected root zones of all trees and tree protection requirements for tree retention during development. It provides a clear visual of where buildings and infrastructure are located and where new buildings could be best sited to minimize negative impacts to trees suitable for retention. It is also useful to show the tree protection and mitigation measures for all project phases that is recommended in an Arborist Report. The tree survey should be used as the base for the tree management plan.
The tree survey must:
a) Be based on a legal survey of the lot, completed by a registered BCLS surveyor;
b) Include all of the following trees: (i) All existing trees on the subject lot that can reasonably be surveyed; (ii) All existing trees outside of the subject lot, with protected root zones or tree canopies extending onto the subject lot, or would otherwise require tree protection; and (iii) Trees identified in an accompanying Arborist Report;
c) Indicate the existing trees in (b) with a scaled circle to represent the trunk and the reference ID located directly adjacent to the trunk. The canopy outline shall be indicated with a fine, dotted-line circle and the protected root zone shall be indicated with a bold, solid-line circle.
d) Include a sufficient number of elevation points so that areas where cuts or fills are required can be identified on future grading plans and the tree management plan.
e) Include the location and type of all existing utilities above and below grade entering or immediately adjacent to the subject site.
f) Include the existing and proposed property lines, rights-of-way, easements, location of trees, base grades of trees, grades at property lines, principal and accessory building footprints, walkways, patios, retaining walls (top and toe of grade), fences, driveways, sidewalks, curbs, natural features, rock outcrops, existing services (water, storm and sanitary sewer lines, hydro, telephone, cable, internet and gas lines, and any existing service kiosks and boxes).
g) Include all areas and trees protected by a restrictive covenant in favour of the City, indicating the purpose of the covenant and the land title registration number.
h) Have all dimensions in metric and include a title block with north arrow, bar scale, date, surveyor’s seal and company name, and a legend to identify symbols.
i) Date any revised plans.
B. Tree Management Plan
The purpose of submitting the tree management plan is to show the location of trees along with their canopy spread and protected root zones in relation to proposed changes, so potential impacts can be analyzed and trees can be identified as retained or removed. Additionally, the tree management plan is used to show where tree protection fencing, arborist supervision, ground protection or other mitigation measures are required.
The tree management plan must:
a) Be prepared by a Certified Arborist;
b) Be prepared with the tree survey as its basis and include the location of all trees within the tree survey;
c) Show all proposed changes including preliminary lot grading (with respective slopes and elevation changes), buildings, landscaping, hardscaping, and frontage works.
d) Show trees to be removed, indicated with a bold X through the survey point. The canopy outline and protected root zone shall be identified in accordance with the tree survey requirements;
e) Show trees to be retained, complete with canopy outline and protected root zone identified in accordance with the tree survey requirements;
f) Show any works requiring arborist supervision or tree protection recommendations, and indicate the location where they apply.
g) Identify all inventoried onsite trees with unique, sequential reference ID numbers, in accordance with the arborist report;
h) Date all plans and revisions.
The applicant must provide the arborist with up-to-date drawings and inform the arborist of any details for proposed changes to plans throughout the different stages of development, including but not limited to rezoning, subdivision, development permit and building permit demolition, excavation and construction.
