REQUEST FOR DECISION
DATE: February 6, 2023 Report No. P&R-23-001
TO: Dan Horan, Chief Administrative Officer
FROM: Robbie Young, Acting Manager, Parks & Steve Knoke, Director, Parks
and Recreation
SUBJECT:
Title
Tree Protection Bylaw
End
RECOMMENDATION:
Recommendation
That Council give first, second, and third readings to Tree Protection Bylaw, 2023, No. 3076.
Body
RELEVANT POLICY:
Tree Protection Bylaw No. 2837
Urban Forest Management Plan
Esquimalt Community Climate Mitigation Plan
Esquimalt Climate Adaptation Planning Guide
STRATEGIC RELEVANCE:
Climate Resilience and Environmental Stewardship
BACKGROUND:
Council requested a review of the Tree Protection Bylaw to ensure relevance and best management practices are in place. Staff completed this review in 2022 and the Parks and Recreation Advisory Committee provided feedback at their meeting held November 18, 2021. This information was taken to the COTW on May 9,2022 and staff were given direction to continue the review and update the bylaw including receiving feedback through public engagement.
The Tree Protection Bylaw provides a mechanism to remove protected trees for new development, infrastructure damage, or tree health issues. The Tree Protection Bylaw requires applicants to replace trees when authorization is granted for removal to support the overall growth of the canopy. While the existing Tree Protection Bylaw No. 2837 (Attachment C) is still relevant and effective, an improved proposed Tree Protection Bylaw No. 3076 (Attachment A) with an updated application form (Attachment B) and definitions will provide more clarity for applicants and support the Township’s tree canopy growth objectives.
ISSUES:
1. Rationale for Selected Option
The following new and revised definitions will provide more clarity with regards to tree protection bylaw requirements for applicants.
A. New definitions
Arboricultural Best Practices means practices in accordance with the most current version of the American National Standards Institute (ANSI) publication - A-300. Tree Care Operation and the companion Best Management Practices Series of the International Society of Arboriculture.
Development means any of the following applications:
• the construction of buildings, roads, services or other improvements to land
• rezoning
• subdivision
• development permits or temporary use permits associated with a new building or an addition to an existing building, or
• building permits associated with demolition, blasting or construction of a principal building.
Hedge means a row of two or more trees of consistent size and form planted in close proximity to each other that have been topped or sheared.
Protective Root Zone means:
• The area of land surrounding the trunk of a tree that contains the bulk of the critical root system of the tree which has been specifically delineated on a tree plan prepared by an arborist and approved by the Director of Parks and Recreation.
• In the absence of such information, the area of land surrounding the trunk of a tree contained within a circle having a radius which is calculated by multiplying the D.B.H. of the tree by 18.
Shared tree means a tree with any part of its trunk or trunk flare crossing a property line, including where the adjacent property is a highway, park, or other City-owned-property.
A Tree Assessment Report is required to be sufficiently clear and comprehensive that the municipal arborist does not need to attend the site to clarify any detail. Tree assessment reports contain any recommendations of tree retention and must provide detailed mitigation measures for the retention of trees. These measures include tree protection barriers, arborist supervision, relocation of retaining walls, drainage, and utilities, details on suspended slabs when working in critical root zones. Reports may also include requirement for hand digging, air spade excavation, hydro vac excavation, root pruning, tree well construction, boring or tunneling under roots, tree surgery including cabling, and bracing, watering, mulching, fertilization, and drainage. Reports may also include details on risk to people or property. Finally, reports should include a summary on protected trees retained, removed, and the number of trees to be replaced.
Tree topping means the practice of removing whole tops of trees or large branches and/or trunks from the tops of trees, leaving stubs or lateral branches that are too small to assume the role of a terminal leader
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 of Parks and Recreation for the purpose of assessing a tree cutting permit application. The Survey Plan will show the location of the trees, including trees within and in close proximity to the building footprint.
The following information is required on the survey plan:
• Stamped by a registered BCLS surveyor or professional engineer
• Property scaled with scale given and North arrow
• Diameter of tree for deciduous trees (DBH) must be provided in centimeters to nearest centimeter or height in metres for coniferous trees
• Tag number of tree
• Any existing or proposed buildings, driveways or sidewalks
• Overhead or underground utility lines (such as storm/sanitary/Telus/Hydro/Shaw/Fortis)
• Septic fields, easements, restrictive covenant areas,
• All neighbour trees where the drip line is within 6 meters of any excavation or other works
• Tree barriers and sizes
• Any other features which would impact tree removal or planting and maintenance or replacement trees or the viability of retained trees
• All public boulevard trees regardless of size
B. Revised definitions
D.B.H. (Diameter at breast height) means the diameter of a tree at roughly breast height (1.4 meters or 4.6 feet) above the highest point of natural grade of the ground measured from the base of a tree. For multi-stemmed trees, the three largest stems shall be measured 1.4 meters or 4.6 feet above the highest point of natural grade and the D.B.H. of the tree shall equal the cumulative total of the D.B.H of the three largest stems.
Qualified Professional means a person in good standing with a legislated self-regulating association in British Columbia who is acting within the individual’s area of expertise and include a professional Biologist, Agrologist, Arborist, Forester, Geoscientist Engineer, Architect and Landscape architect.
Qualified Tree Risk Assessor means a person qualified by the International Society of Arboriculture as a Tree Risk Assessor (TRAQ) or by the Province of British Columbia as a Wildlife/Danger Tree Assessor.
Hazard Tree means a protected tree having a defect sufficient to significantly increase the likelihood that all or part of the tree will fail resulting in a risk of personal injury or property damage, as determined by a Qualified Tree Risk Assessor.
2. Organizational Implications
There are no organizational implications associated with the proposed Tree
Protection Bylaw.
3. Financial Implications
There are no financial implications with this request for decision.
4. Sustainability & Environmental Implications
The Tree Protection Bylaw is a great tool to protect and preserve Esquimalt’s tree
canopy. There are numerous benefits to trees such as improving air quality,
conserving building energy in the winter and summer, reducing stormwater run-off,
stabilizing slopes, providing food for people and wildlife, providing habitat for wildlife,
and enhancing the character and livability of neighborhoods.
5. Communication & Engagement
Staff engaged with the public online and attended two Esquimalt Farmers Market events to answer questions related to the Tree Protection Bylaw and to receive feedback. Social media was used to inform the public of the review and to raise awareness on the topic.
ALTERNATIVES:
1. That Council give first, second, and third readings to Tree Protection Bylaw, 2023, No. 3076.
2. That Council request that proposed bylaw no. 3076 be revised and given three readings as amended.
3. That Council request additional information from staff.
4. That Council provide alternate direction to staff.