Citation

1   Bylaw No. 1831-2009 may be cited as "Tree Protection Bylaw, 2010".

Interpretation

2   (1) Schedule "A" contains definitions of terms used in this Bylaw and where not defined are interpreted consistently with the Community Charter and the Local Government Act.

(2) In this Bylaw, words in the singular include the plural and gender specific terms include both genders and include corporations. A reference to another enactment in this Bylaw refers to the enactment as it may be amended or replaced from time to time.

(3) The headings in this Bylaw are for convenience only and must not be construed as defining or in any way limiting the scope or intent of the provisions of this Bylaw.

(4) If any portion of this Bylaw is for any reason held to be invalid by any court of competent jurisdiction, the invalid portion is severed and the severance does not affect the validity of the remainder.

Application

3   (1) This Bylaw applies in relation to all land within the City except where:

(a) the land is owned by the Crown in right of Canada or is being used for a purpose of the federal government;

(b) the land is owned by the Crown in right of British Columbia and is being used by or on behalf of the government;

(c) the land is currently designated and managed under the Private Managed Forest Land Act;

(d) a licence, tenure or approval has been granted under the Forest Act with respect to uses of the land, for as long as the licence, tenure or approval remains current and valid;

(e) the land is currently designated as agricultural land reserve as defined under the Agricultural Land Commission Act; or

(f) the land or the use of land is, under a federal, provincial or local government enactment, not subject to this Bylaw.

(2) Nothing in this Bylaw precludes or relieves a person from complying with the provisions of the Migratory Birds Convention Act, 1994 (Canada), the Species at Risk Act (Canada), the Wildlife Act, any regulations thereto, and any other federal, provincial or local government enactments that may apply to the protection or removal of trees.

Restrictions

4   (1) Cutting. A person must not cut any tree, or cause, suffer or allow any tree to be cut, except in accordance with this Bylaw and:

(a) a tree cutting permit issued under this Bylaw;

(b) a development permit that expressly deals with the cutting or removal of trees from a property;

(c) as directed by the General Manager in writing; or

(d) as directed by Council pursuant to a request for reconsideration.

(2) Permit. Where required under this Bylaw, a person must apply for and obtain a tree cutting permit prior to cutting a tree, or prior to causing, suffering or allowing a tree to be cut. An owner of property to which the permit relates, and any person who carries out work pursuant to a tree cutting permit, if different from the permit holder, must comply with the terms, conditions and requirements of the permit and this Bylaw and any notices or directions made under this Bylaw.

(3) Damage. Unless exempted under Section 5 or proceeding in accordance with a tree cutting permit, notice or directive under this Bylaw, a person must not damage any tree, or cause, suffer or allow the damaging of a tree by any means including, without limitation, by doing any of the following:

(a) cutting, damaging or undermining the roots of a tree within the drip line;

(b) cutting a tree’s structural or anchoring roots in any place;

(c) placing or depositing on land within the drip line of a tree any fill, building materials, asphalt, concrete, washout or other liquid, solid or chemical substances that are harmful, or likely to cause harm, to a tree;

(d) operating a truck, backhoe, excavator or other heavy equipment over the roots of a tree inside the drip line;

(e) removing soil from land inside the drip line in such a quantity as to damage the health of the tree;

(f) blasting, whether inside or outside of the drip line, so as to damage roots or disturb soil inside the drip line;

(g) applying chemicals, toxic materials or other substances to a tree, or any part of a tree, that are harmful or hazardous to the tree or any part of it;

(h) denting, gouging or damaging the trunk of a tree;

(i) removing bark from a tree; and

(j) constructing or placing a building or other structure on land inside the drip line.

(4) Pruning. A person must not prune the branches or roots of a significant tree or any tree within a tree retention area without first obtaining a tree cutting permit.

Exemptions from requirement for permit

5   (1) A tree cutting permit is not required:

(a) where cutting must be carried out on an emergency basis and all of the following apply:

(i) the tree is a hazard tree or has been severely damaged by natural causes;

(ii) emergency cutting is necessary because the tree poses an imminent danger of falling and injuring persons or property; and

(iii) the owner of the property on which the tree is located has reported the action to the General Manager by the end of the next business day after the cutting, providing written reasons showing how the tree was a hazard or was damaged and how it posed an imminent danger to persons or property.

(b) subject to Section 4 (4), for the pruning of a hedge or trees;

(c) to allow for the installation of roads or municipal services shown on an engineering drawing that has been approved by the General Manager of Engineering for the City, as well as by the General Manager;

(d) by a public utility, in relation to a tree located on land owned or held by the public utility and cut for the purpose of safety, or maintenance or operation of the utility's service or infrastructure;

(e) by the City or at the direction of the City, for the purpose of removing obstructions from within the protected flightways of Abbotsford International Airport;

(f) by the City or at the direction of the City, in relation to a tree located on land owned by or in the possession of the City;

(g) on land within a farming area, where the tree cutting is part of a designated farm use described in Section 2 (2) of the Agricultural Land Commission Act Regulation, unless that use is prohibited by a bylaw of the City or other enactment; or

(h) by a British Columbia land surveyor for the purpose of cutting survey lines of a width less than two (2) metres where the trees cut are less than 20 centimetres DBH.

(2) Despite Section 4 (4), a tree cutting permit is not required if a Certified Arborist is employed to prune the branches of a significant tree or a tree within a tree retention area and the owner of the property on which the tree is located provides notice in writing to the General Manager at least 30 days in advance of the proposed pruning, with details of the proposed pruning and the name of the Certified Arborist engaged to conduct the work.

Permit requirements

6   (1) An application for a tree cutting permit must be in writing on a form prescribed by the General Manager and submitted to the General Manager with the following information:

(a) a statement explaining the reasons for the proposed cutting;

(b) the civic address and legal description of the subject parcel;

(c) if the applicant is not the owner of the parcel, the consent in writing of the registered owner authorizing the applicant to act as the owner's agent;

(d) consent of the owner of the adjacent property if any part of the base of the tree to be cut is located on the adjacent property;

(e) a site plan drawn to an appropriate scale showing:

(i) the boundaries of the subject parcel;

(ii) any abutting streets, sidewalks, lanes and public rights of way;

(iii) the location of existing and proposed buildings, driveways and structures;

(iv) any and all streams within or near the subject parcel;

(v) the location, species, DBH and extent of drip line:

(A) of the trees proposed to be cut*;

(B) of the trees proposed to be retained*;

(vi) the location, species and DBH of the proposed replacement trees*;

(vii) any other relevant site feature or information;

*trees of a single species growing in clusters may be shown in outline as a mass

(f) where applicable, a description of the measures proposed to protect the retained trees, including use of a tree protection barrier of the type shown in Schedule "B";

(g) a description of the methods proposed to control potential drainage, erosion and impacts on property related to the proposed action;

(h) a description of the methods proposed to dispose of wood waste and other debris resulting from or relating to the proposed action;

(i) intended completion dates for the proposed action;

(j) where cutting would occur on a slope of land steeper than 30 percent, a report from a geotechnical engineer addressing the risk of landslip, flooding, slope failure, erosion, as may be relevant; specifying conditions under which the proposed action may take place safely and prudently, noting the appropriate extent, timing and phasing of the proposed tree cutting and certifying that, if carried out in accordance with the report, the proposed action:

(i) will not destabilize the slope or cause flooding, landslip or erosion;

(ii) will protect adjacent properties from adverse impacts; and

(iii) will minimize risk to personal safety or property;

(k) payment of a non-refundable tree cutting permit fee in the amount established in Schedule "E" to the City's Fees and Charges Bylaw, 2006.

(2) If required by the General Manager, the applicant must provide the following additional information:

(a) if the General Manager considers that the proposed cutting could result in:

(i) slope destabilization or landslip, flooding or erosion;

(ii) adverse impacts on retained trees or adjacent properties;

(iii) risk of personal injury or damage to property; or

(iv) detrimental effects on watercourses, fish or wildlife habitat, or other important environmental features or functions,

a report by a suitable qualified professional addressing those risks and certifying that, if carried out in accordance with recommendations in the report, the risks may be minimized;

(b) a report prepared by a Certified Arborist or Certified Tree Risk Assessor certifying that no other arboricultural practices are available as an alternative to the proposed cutting;

(c) a survey plan prepared by a British Columbia land surveyor showing the boundaries of any tree retention area or adjacent streamside protection and enhancement areas identified under the City's Streamside Protection Bylaw, 2005, as amended or replaced from time-to-time;

(d) preliminary lot grading and servicing plans; and/or

(e) other information that the General Manager determines is necessary to adequately describe the nature and extent of the proposed tree cutting.

(3) A person applying for a tree cutting permit to prune a significant tree or a tree located within a tree retention area must include a report by a Certified Arborist certifying that the proposed pruning is necessary.

(4) A permit holder or owner must display the permit in an accessible and conspicuous location on the property to which it pertains for not less than 72 hours prior to the cutting and must ensure that it remains there until all of the cutting on that property has been completed.

(5) All information required to be included with an application must be provided at the sole expense of the applicant.

(6) The General Manager may retain the services of an independent Certified Arborist to review any report prepared by a Certified Arborist and submitted with an application. Where a report submitted by the applicant is found to be incomplete or inaccurate, the costs incurred by the City in obtaining the independent report must be paid by the applicant to the City as a condition of obtaining the tree cutting permit.

(7) A tree cutting permit is not transferable to another person or in respect of property other than that property identified in the permit.

(8) A tree cutting permit is valid for a period of 12 months from the date it is issued, unless otherwise specified in the tree cutting permit.

Security deposit

7   (1) For the purposes of this Section, "site restoration" includes, in addition to restoration of the property to which a tree cutting permit applies, the restoration of any property of the City that may potentially be damaged or lost by tree cutting or related activities.

(2) An applicant for a tree cutting permit who is required to provide site restoration works or replacement trees must provide the City with a security deposit to ensure full and proper compliance with the tree cutting permit and this Bylaw.

(3) The security deposit must be in the form of cash or an irrevocable letter of credit in a form acceptable to the General Manager and in an amount equal to 100 percent of the value of all of the replacement trees and site restoration works required, as estimated by a qualified professional.

(4) Where security has been deposited pursuant to this Bylaw, 80 percent of the amount of that security will be refunded to the applicant following inspection by the City and the General Manager being satisfied that the planting of replacement trees or site restoration meets the requirements. The City may hold 20 percent of the amount of the security for a period of 12 months following the date of the final and satisfactory planting or restoration. On the General Manager being satisfied that the replacement trees are healthy and have been maintained adequately over that period, or that the site restoration is intact and functioning properly, the 20 percent holdback will be refunded to the applicant.

(5) Remediation and Cost Recovery. If the permit holder fails to comply with the terms and conditions of the tree cutting permit, the City or its agents or servants may enter onto the property and perform such work as is necessary to fulfill the requirements and conditions, and may draw upon and use all or a portion of the security deposit to cover the costs of the work. Any further costs incurred by the City for its work shall be the sole responsibility of the property owner and if not fully paid by December 31st of the year in which the costs were incurred, may be recovered by the City in the same manner and with the same remedies as for property taxes.

Replacement trees

8   (1) As a condition of obtaining a tree cutting permit under this Bylaw, other than for pruning pursuant to a tree cutting permit, the permit holder must plant and maintain on each parcel from which a tree is cut or damaged, replacement trees in number specified in Section 8 (2) and of the species, size and condition described in Schedule "C".

(2) The number of replacement trees to be planted and maintained by the permit holder or property owner shall be as follows:

(3) Where one or more replacement trees are required to be planted as a condition of issuing a tree cutting permit, the permit holder must submit a tree replanting plan for approval of the General Manager.

(4) Where the required number of replacement trees cannot reasonably be accommodated on the property to which the permit relates, the General Manager may require the owner to do any of the following:

(a) to plant, but not maintain, the required replacement trees on property owned by the City, in a location and within such time period as the General Manager may direct;

(b) if the General Manager determines that no appropriate City property is available for the replacement trees, to pay the City an amount of money equal to the City's cost of purchasing, planting and maintaining the required replacement trees on property that is or becomes available, including without limitation any fees established in Schedule "E" of the Fees and Charges Bylaw, 2006; or

(c) to comply with a direction of the General Manager to combine planting of replacement trees with payment in lieu of planting in keeping with paragraphs (a) and (b).

(5) All replacement trees must be planted and maintained in accordance with sound aboricultural practices. If, within the 12 month period following their planting, the General Manager is not satisfied that replacement trees have been planted or maintained to this standard, he or she may direct the permit holder or property owner to take steps to ensure the standard is met and the permit holder or property owner must comply with that direction.

Permit issuance and conditions

9   (1) On receiving a completed application for a tree cutting permit, the General Manager may:

(a) issue the permit, under terms and conditions that the General Manager considers to be appropriate in the circumstances; or

(b) refuse to issue the permit, providing written notice of the reasons for the refusal within 15 days of the refusal.

(2) Without limiting Section 9 (1) (b), the General Manager may refuse to issue a tree cutting permit for cutting or pruning a significant tree or a tree within a tree retention area if he or she is not satisfied that cutting or pruning is necessary:

(a) for the health of the tree or that of other trees in the vicinity;

(b) for the safety of persons or property;

(c) to avoid a nuisance or obstruction; or

(d) to allow the property to be used for a permitted use or developed to the permitted density.

(3) Despite any other provisions of this Bylaw, on receiving a report prepared by a Certified Arborist certifying that:

(a) a tree is a hazard tree;

(b) a tree is dead; or

(c) a tree is diseased or damaged to such an extent that it may constitute a danger to persons or property,

the General Manager may issue a tree cutting permit without requiring that other information be provided or that fees be paid.

(4) If tree cutting or related operations authorized by a tree cutting permit are not completed before the permit expires, or it becomes necessary to alter or modify the particulars of the permit application or take further steps, upon receiving a request in writing from the applicant, the General Manager may modify, renew, or extend the permit, subject to the following:

(a) the permit holder does not have a vested right to receive a modification, renewal or extension, and the General Manager in considering the circumstances may require that a new permit be obtained;

(b) the permit holder must pay a non-refundable fee in an amount established in Schedule "E" of the City's Fees and Charges Bylaw, 2006;

(c) the tree cutting permit may not be renewed or extended for a period of more than two years from the date of its original issuance;

(d) the General Manager may require additional information that is authorized under this Bylaw as a precondition to considering modification, renewal or extension, and the permit holder must promptly provide that information;

(e) all terms and conditions set out in the original tree cutting permit shall apply to each modification, renewal or extension; and

(f) all terms and conditions set out in the original permit shall apply to each modification, renewal or extension except as specifically amended, modified, renewed or extended.

Tree cutting regulations

10   (1) The following requirements apply to activities and work carried out pursuant to a tree cutting permit:

(a) each tree to be cut must be clearly identified with survey tape, paint or similar method;

(b) tree cutting operations must be limited only to the area specified in the tree cutting permit, which area must be clearly marked with the markings maintained for the duration of the activity;

(c) if directed by the General Manager, a tree protection barrier, substantially in the form shown on Schedule "B", must be installed around the drip line of each and every tree to be retained, in such a manner that its branches, root systems and trunk will not be damaged by the tree cutting activity; and

(d) except for an emergency cutting, no tree cutting may take place between the hours of 8:00 p.m. and 7:00 a.m. the following day.

(2) Whether or not a tree cutting permit is required:

(a) prudent measures must be taken to prevent damage or impairment to paths, sidewalks, lanes, highways and public property of all kinds, watercourses and adjacent lands and property, and to utilities including, without limitation, water, sewer and drainage services, gas, heating, and electrical energy systems, telecommunications and cable transmission systems, and all related infrastructure and equipment;

(b) Any and all hazards or potential hazards arising from any tree cutting operation must be adequately fenced or otherwise mitigated to avoid injury to and ensure the safety of persons on or near the site and the public; and

(c) tree parts and wood waste must be disposed of carefully and promptly, having particular regard to the safety of persons, property, and avoiding a risk of fire, obstruction and unsightliness, and in accordance with the Garbage, Recyclables and Yard Waste Collection Bylaw, 2010, as amended or replaced from time-to-time, other bylaws of the City and a regional district, and any provincial enactments that may apply.

Entry and inspection

11   (1) The General Manager, or any bylaw enforcement officer or other employee of the City designated by the General Manager, is authorized at all reasonable times to enter on any property to inspect and determine whether this Bylaw, and any terms, conditions, restrictions and requirements of a tree cutting permit, notice or direction issued under this Bylaw are being observed.

(2) A person must not prevent or obstruct the General Manager or other authorized City personnel from entering on property for the purposes of this Bylaw.

Contravention and remedy

12   (1) If the General Manager reasonably believes that:

(a) a term, condition or requirement of a tree cutting permit has been contravened;

(b) a person subject to a tree cutting permit has not complied with any of its terms, conditions or requirements; or

(c) a tree cutting permit was issued based on missing or incorrect information,

the General Manager may, by written notice delivered to the permit holder or owner, direct that the contravention or non-compliance be remedied or that the necessary information be provided, corrected or verified, as applicable, and may establish the manner of remedy and a date by which the matter must be remedied.

(2) A person to whom a notice is delivered pursuant to Section 12 (1) must promptly act to remedy the matter as directed, so that the General Manager is satisfied that the contravention, non-compliance, or missing or incorrect information has been remedied.

(3) If a person fails to comply with a notice pursuant to Section 12 (1) or with Section 12 (2), the General Manager may, by further notice in writing to the person, do any of the following:

(a) amend the tree cutting permit or attach new conditions or both;

(b) suspend the rights granted under the tree cutting permit, either entirely or in part, until satisfied as to compliance with the permit or the previous notice; or

(c) cancel the tree cutting permit, providing reasons for the cancellation.

(4) If the General Manager reasonably believes that a tree has been cut or damaged in contravention of this Bylaw or of a tree cutting permit, the General Manager may deliver a notice in writing to the owner or other person responsible for the cutting or damage, directing the person to do any or all of the following:

(a) explain the reason, in writing, for the cutting or damage, and provide more information as may be relevant to the matter;

(b) submit a replacement tree plan in accordance with Schedule "C" for approval by the General Manager;

(c) plant and maintain replacement trees in the numbers set out in Section 8 (2);

(d) do any of the things described in Section 8 (4);

(e) provide security in accordance with Section 7; and

(f) where City property has been damaged or destroyed as a result of the cutting or damage, to pay the City for the costs of repairing, replacing or restoring that property.

(5) On being delivered of a notice under Section 12 (4), within 30 days of the date the notice was sent, or such shorter period as may be directed by Council where it considers there is a significant threat to health or safety if action is not taken, the person must comply with the direction unless a request for reconsideration by Council is submitted in accordance with Section 13, and in that case, Section 13 applies.

Reconsideration

13   (1) A person who is subject to a decision or direction of the General Manager is entitles to have Council reconsider the matter.

(2) Without limiting Paragraph (1), a decision by the General Manager, to amend, suspend or cancel a tree cutting permit, may be reconsidered by Council, in accordance with the City's Appeal Procedure Bylaw, 2016.

(3) A person who has submitted a request for reconsideration, pursuant to Paragraph (2), must not cut or damage trees in contravention of this Bylaw or a tree cutting permit pending the decision of Council.

B/L 2613-2016

Offence and penalty

14   [Repealed, B/L 3063-2020.]

Every person who contravenes this bylaw commits an offence and is subject to enforcement and penalties in accordance with the Bylaw Enforcement Bylaw.

Schedules

15   Schedules "A" through "D" are attached to and form part of this Bylaw.

Repeal

16   City of Abbotsford Bylaw No. 55-95, cited as "Tree Protection Bylaw, 1995", and all of its amendments, are hereby repealed.