Bylaw No. 1145 - Tree Protection Amendment

CITATION

1. This Bylaw may be cited as “Tree Protection Bylaw No. 1069, 2022, Amendment Bylaw No. 1145, 2024”.

AMENDMENTS

2. 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 sitchensi); 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 3rd DAY OF SEPTEMBER, 2024.

READ A SECOND TIME THIS 3rd DAY OF SEPTEMBER, 2024.

READ A THIRD TIME THIS 3rd DAY OF SEPTEMBER, 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