Search Results | Clear Search | Previous (in doc) | Next (in doc) | Prev Doc | Next Doc

Bylaw No. 1831-2009

Tree Protection Bylaw, 2010

Consolidated and printed by authority of the Corporate Officer under section 139 of the Community Charter. Includes amendment bylaws 2583-2016 and 2613-2016 . Last amended July 25, 2016

Contents
 1 Citation
 2 Interpretation
 3 Application
 4 Restrictions
 5 Exemptions from requirement for permit
 6 Permit requirements
 7 Security deposit
 8 Replacement trees
 9 Permit issuance and conditions
 10 Tree cutting regulations
 11 Entry and inspection
 12 Contravention and remedy
 13 Reconsideration
 14 Offence and penalty
 15 Schedules
 16 Repeal
Schedule "A"
Schedule "B"
Schedule "C"
Schedule "D"

The Council of the City of Abbotsford in open meeting assembled, ENACTS AS FOLLOWS:

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:

Size of Tree to be Cut (DBH)

Number of Replacement Trees Required for Each Tree Cut

< 20 cm

0

20 – 30 cm

2

> 30 cm

3

(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   Notwithstanding the offence and penalties as provided under the Community Charter or Local Government Act, the following will apply:

(a) a violation of any of the provisions identified in this Bylaw will result in liability for penalties and late payment amounts established in the City's Bylaw Notice Enforcement Bylaw, 2007, and Municipal Ticket Information Bylaw, 2007;

(b) a violation of any of the provisions identified in this Bylaw will be subject to the procedures, restrictions, limits, obligations and rights established in the Bylaw Notice Enforcement Bylaw, 2007, in accordance with the Local Government Bylaw Notice Enforcement Act, SBC 2003, c. 60;

(c) a person who:

(i) contravenes, violates or fails to comply with any provision of this Bylaw;

(ii) suffers or allows any act or thing to be done in contravention or violation of this Bylaw; or

(iii) fails or neglects to do anything required to be done under this Bylaw,

is deemed to have committed an infraction of, or an offence against, this Bylaw; and is liable on summary conviction to a fine of not more than Ten Thousand Dollars ($10,000.00);

(d) each day such infraction is caused, or allowed to continue, constitutes a separate offence; and

(e) a separate offence is committed for each tree cut or damaged, or for each replacement tree that is not planted, in contravention of this Bylaw or a tree cutting permit, notice or direction given under this Bylaw.

B/L 2583-2016

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.

READ A FIRST TIME on June 21, 2010 READ A SECOND TIME on June 21, 2010 READ A THIRD TIME on June 21, 2010 ADOPTED on July 12, 2010

Schedule "A"

Definitions

In this Bylaw:

"Certified Arborist" means a person certified by the International Society of Arboriculture.

"Certified Tree Risk Assessor" means a Certified Arborist who is further designated or certified by the International Society of Arboriculture to conduct tree risk assessments in urban and urban/rural areas of British Columbia.

"City" means the City of Abbotsford.

"Council" means the municipal council of the City of Abbotsford.

"cutting" or "cut" means to kill, remove or substantially destroy a tree by any means including, but not limited to, the topping of a tree, cutting or knocking down a tree or cutting into any or all parts of a tree.

"DBH" means the diameter at breast height of the trunk of a tree measured at a point 1 (4) metres above the natural grade, except that where the tree has multiple trunks, "DBH" means the sum of the diameters of all trunks measured 1 (4) metres above the natural grade. (See Schedule "B", Figure 4, for the DBH measurement diagrams).

"General Manager" means the General Manager of Parks, Recreation and Culture of the City, or any person designated to carry out one or more of the General Manager's duties or powers under this Bylaw.

"drip line" means the area on the ground around the trunk of a tree, which contains the outermost twigs and branches of the tree, as illustrated in the drip line diagrams in Figure 3 of Schedule "B" of this Bylaw.

"emergency cutting" means the cutting of a tree that has been seriously damaged or compromised by natural causes such as wind or landslide to such an extent that it poses an immediate danger to persons or property.

"farming area" means:

(a) land that is located within the agricultural land reserve for the purposes of the Agricultural Land Commission Act; or

(b) Crown land designated as a farming area under the Farm Practices Protection (Right to Farm) Act.

"Fees and Charges Bylaw, 2006" means the City of Abbotsford Bylaw No. 1532-2006, cited as "Fees and Charges Bylaw, 2006", as amended or replaced from time-to-time.

"hazard tree" means a tree having a defect sufficient to significantly increase the likelihood that all or part of the tree will fall resulting in a risk of personal injury or property damage, as determined by a Certified Arborist with a Certified Tree Risk Assessor designation from the International Society of Arboriculture.

"permit holder" means the holder of a tree cutting permit issued under this Bylaw.

"property owner" has the same meaning as in the Community Charter and additionally, in the case of a strata property, means the strata corporation.

"pruning" means the selective cutting or removal of living or dead branches of a tree according to the International Society of Arboriculture standard arboricultural practice, consistent with promoting the tree's health and growth, but does not include the topping of a tree.

"public utility" means a utility service provided by the City, B.C. Hydro, or a telecommunications and any other utility company or authority providing a public service or utility.

"qualified professional" means a professional engineer, professional biologist or Certified Arborist, as the circumstances may require, with experience in geotechnical engineering, hydrology, tree management or plant or wildlife habitat.

"replacement tree" means a tree, including its root system, that is required to be planted and maintained in accordance with Section 8 and Schedule "C" of this Bylaw.

"removal" means the cutting and elimination of a tree at its base, which may also include its root system.

"significant tree" means a tree that is designated in Schedule "D" (Significant Trees) due to its age, condition, size, occurrence, cultural or historical importance within the landscape or that is rare or unusual for its species.

"stream" includes a watercourse or source of water supply, whether usually containing water or not, a pond, lake, river, creek, brook, ditch and a spring or wetland that is integral to a stream.

"tree" means any woody perennial plant with one or more substantially erect main trunks or stems, including its root system, that:

(i) has reached a height of at least 4 m above the natural grade and has a DBH of at least 20 cm; or

(ii) is growing in a tree retention area.

"tree cutting permit" means a permit issued by the General Manager under authority of this Bylaw.

"tree protection barrier" means a sturdy, continuous protection barrier or fence at least 1.2 metres in height, installed outside the drip line of a tree that is to be retained, substantially as shown in Figure 2 of Schedule "B" of this Bylaw.

"tree retention area" means those areas that:

(i) are within a Streamside Protection Environmental Area (SPEA) as defined in the City of Abbotsford Streamside Protection Bylaw, 2005;

(ii) are subject to a Section 219 Land Title Act covenant for tree protection; or

(iii) are identified as such on an approved development permit, subdivision or building permit drawings.

Schedule "B"

Tree Diagrams

Figure 1 Tree Planting Detail

Figure 2 Tree Protection Barrier Example

Figure 3 Tree Drip line

Figure 4 DBH Measurement

Schedule "C"

Replacement Tree Requirements

Replacement Trees must meet the plant condition and structure requirements set out in the latest edition of the BCSLA/BCLNA "B.C. Landscape Standard" and the CNTA "Canadian Standards for Nursery Stock" to be considered acceptable by the General Manager.

Replacement Trees must be planted and maintained in accordance with the requirements set out in the latest edition of the BCSLA/BCLNA "B.C. Landscape Standard".

Every replacement tree must have a height of at least 3.0 metres in the case of coniferous species and in the case of deciduous species must have a caliper of at least 6.0 centimeters measured 1 (4) metres above the base of the tree.

The planting of every replacement tree must be substantially in accordance with the proper tree planting diagram shown on Figure 1 of Schedule "B" of this Bylaw.

The City of Abbotsford may change or recommend alternate species based on our knowledge of current tree inventories, site conditions and performance.

Small Scale Trees

Common Name

Botanical Name

Height

Width

Trident Maple

Acer buergeranum

8m

6m

Queen Elizabeth Maple

Acer campestre ‘Queen Elizabeth'

10m

6m

Red Shine Maple

Acer campestre ‘Red Shine'

9m

3m

Snake Bark Maple

Acer davidii

9m

8m

Amur Maple

Acer ginnala

6m

6m

Paperbark Maple

Acer griseum

8m

6m

Japanese Hornbeam

Carpinus japonica

6m

6m

Satomi Dogwood

Cornus kousa ‘Satomi'

6m

6m

Pacific Flowering Dogwood

Cornus nuttallii ‘Eddie's White Wonder'

9m

7m

Stellar Pink Dogwood

Cornus rutgan ‘Stellar Pink'

6m

5m

Aurora Dogwood

Cornus rutgersensis ‘Aurora'

6m

5m

Cockspur Hawthorn

Crataegus crus-galli

10m

8m

Lavalle Hawthorn

Crataegus x lavallei

8m

6m

Arie Peters Flowering Ash

Fraxinus ornus ‘Arie Peters'

8m

8m

Leprechaun Ash

Fraxinus pennsylvanica ‘Leprechaun'

8m

6m

Galaxy Magnolia

Magnolia ‘Galaxy'

7m

4m

Kobus Magnolia

Magnolia kobus

9m

6m

Oyama Magnolia

Magnolia sieboldii

9m

6m

Stellar Pink Magnolia

Magnolia ‘Stellar's Pink'

9m

6m

Persian Ironwood

Parrotia persica

10m

6m

Chanticleer Pear

Pyrus calleryana ‘Chanticleer'

10m

4m

Mountain Ash

Sorbus spp.

10m

8m

Japanese Stewartia

Stewartia pseudocamellia

8m

6m

Japanese Snowbell

Styrax japonica

7m

7m

Fragrant Snowbell

Styrax obassia

7m

4m

Ivory Silk Tree

Syringa reticulata

7m

6m

Medium Scale Trees

Common Name

Botanical Name

Height

Width

Coliseum Maple

Acer cappadocicum

14m

9m

Crimson King Maple

Acer platanoides ‘Crimson King

12m

8m

Crimson Sentry Maple

Acer platanoides ‘Crimson Sentry'

10m

6m

Variegated Maple

Acer platanoides ‘Drummondii'

10m

8m

Emerald Queen Maple

Acer platanoides ‘Emerald Queen'

15m

13m

Fairview Maple

Acer platanoides ‘Fairview'

13m

7m

Princeton Gold Maple

Acer platanoides ‘Princeton Gold'

11m

9m

October Glory Maple

Acer rubrum ‘October Glory'

12m

11m

Norwegian Sunset Maple

Acer truncatum ‘Norwegian Sunset'

10m

8m

Pacific Sunset Maple

Acer truncatum ‘Pacific Sunset'

10m

8m

Autumn Flame Maple

Acer rubrum ‘Autumn Flame'

11m

10m

Red Sunset Maple

Acer rubrum ‘Red Sunset'

14m

10m

Scarlet Sentinel Maple

Acer rubrum ‘Scarlet Sentinel'

12m

6m

Sugar Maple

Acer saccharum

15m

15m

Legacy Sugar Maple

Acer saccharum ‘Legacy'

15m

15m

Norwegian Sunset

Acer truncatum ‘Norwegian Sunset'

10m

8m

Autumn Blaze Maple

Acer x freemanii ‘Autumn Blaze'

13m

10m

Ruby Red Horse Chestnut

Aesculus x carnea ‘Briotii'

13m

12m

European Hornbeam

Carpinus betulus

12m

10m

Fastigiate Hornbeam

Carpinus betulus ‘Fastigiata'

11m

8m

Katsura Tree

Cercidiphyllum japonicum

10m

10m

Dove Tree

Davidia involucrata

15m

13m

Dawyck Beech

Fagus sylvatica ‘Dawyck'

15m

5m

Autumn Applause Ash

Fraxinus americana ‘Autumn Applause'

12m

7m

Autumn Purple Ash

Fraxinus americana ‘Autumn Purple'

14m

9m

Westhof's Glory Ash

Fraxinus excelsior ‘Westhof's Glory'

15m

15m

Flowering Ash

Fraxinus ornus

13m

10m

Raywood Ash

Fraxinus oxycarpa ‘Raywood'

13m

10m

Patmore Green Ash

Fraxinus pennsylvanica ‘Patmore'

15m

11m

Summit Ash

Fraxinus pennsylvanica ‘Summit'

15m

11m

Maidenhair Tree

Ginkgo biloba

15m

13m

Princeton Sentry Maidenhair

Ginkgo biloba ‘Princeton Sentry'

13m

5m

Halka Honey Locust

Gleditsia triacanthos ‘Halka'

13m

13m

Worplesdon Sweetgum

Liquidambar styraciflua ‘Worplesdon'

13m

12m

Black Gum

Nyssa sylvatica

13m

10m

Sawtooth Oak

Quercus acutissima

13m

10m

Greenspire Linden

Tilia cordata ‘Greenspirs'

12m

7m

Chancellor Linden

Tilia cordata ‘Chancellor'

12m

7m

Crimean Linden

Tilia x euchlora

12m

7m

Japanese Zelkova

Zelkova serrata

10m

12m

Green Vase Zelkova

Zelkova serrata ‘Green Vase'

10m

12m

Large Scale Trees

Common Name

Botanical Name

Height

Width

Sycamore Maple

Acer psuedoplatanus

20m

17m

Sugar Maple

Acer saccharum

16m

14m

Legacy Sugar Maple

Acer saccharum ‘Legacy'

16m

12m

European Beech

Fagus sylvatica

25m

20m

Copper Beech

Fagus sylvatica ‘Purpurea'

25m

18m

Dawn Redwood

Metasequioa glyptostroboides

25m

15m

English Oak

Quercus robur

18m

20m

Scarlet Oak

Quercus coccinea

16m

12m

Willow Oak

Quercus phellos

17m

15m

Red Oak

Quercus rubra

18m

16m

Shumard oak

Quercus shumardii

25m

20m

American Elm

Ulmus americana

23m

19m

Other Acceptable Species

Fruit and Nut Trees

Coniferous species (excluding hedging shrubs)

Schedule "D"

Significant Trees

None designated.