Consolidated for Convenience Only

Transcription

1 CITY OF KAMLOOPS Consolidated for Convenience Only This is a consolidation of "City of Kamloops Tree Protection By-law No , 1998". The amendment by-law listed below has been combined with the original by-law for convenience only. This consolidation is not a legal document. The original by-laws should be consulted for all interpretations and applications on this subject. Amendment By-law By-law No Definitions of "Hazardous Tree" and "Private Lands" replaced, and establishing a requirement for owners to remove hazardous trees from private property. Effective Date 2009 September 15 The by-law numbers in the margins of this consolidation refer to the by-laws that amended the principal by-law "City of Kamloops Tree Protection By-law No , 1998".

2 This is a consolidated by-law prepared by the City of Kamloops for convenience only. The City does not warrant that the information contained in this consolidation is current. It is the responsibility of the person using this consolidation to ensure that it accurately reflects current by-law provisions. CITY OF KAMLOOPS BY-LAW NO A BY-LAW FOR THE MANAGEMENT AND PROTECTION OF TREES ON PRIVATE LANDS WITHIN THE CITY OF KAMLOOPS WHEREAS pursuant to Section 708 of the Municipal Act, RSBC 1996, Council may, by bylaw, prohibit the cutting and removal of trees; regulate the cutting and removal of trees; prohibit the damaging of trees; regulate activities that may damage trees; require the replacement, in accordance with the by-law, of trees that have been cut, removed, or damaged and establish exemptions from the application of the by-law; AND WHEREAS, pursuant to Section 709 of the Municipal Act, the by-law may require permits to cut or remove trees; establish fees for these permits and establish terms and conditions for the granting, refusal and use of these permits. THEREFORE BE IT RESOLVED that the Municipal Council of the City of Kamloops in open meeting assembled, enacts as follows: 1. This by-law may be cited as the "City of Kamloops Tree Protection By-law No , 1998." Definitions 2. In this by-law, unless the context otherwise requires: "Approving Officer" means the person appointed from time to time to that position by City Council. "Certified Arborist" (C.A.) means a person certified by the International Society of Arboriculture and/or the National Arborist Association and any person appointed to assist that person in carrying out the duties under this by-law. "City" means the City of Kamloops. "City Engineer" means the person appointed from time to time by City Council as Assistant Administrator/City Engineer, and any duly authorized delegate. "Cut Down" means to cut down, kill or remove a tree by any means and includes the topping of a tree. "Director" means the person appointed from time to time by Council as Director of Parks and Recreation Services and any duly authorized delegate.

3 BY-LAW NO PAGE 3 (24-44) "Hazardous Tree" means a tree which, due to its location, condition, health, or any other circumstance, the Director has determined is a hazard to the safety of persons on public property, is likely to damage public property, or is seriously inconveniencing the public. (24-44) "Private Lands" means all lands which are not vested in the City of Kamloops, Her Majesty the Queen in Right of the Province of British Columbia, Her Majesty the Queen in Right of Canada, or any other governmental entity or an agent of the foregoing. "Tree" means a member of any coniferous or deciduous species having one or more self-supporting trunks/stems and includes the roots, branches, trunk/stems, crown or any part thereof. "Tree Cutting Permit" means a permit issued by the Parks and Recreation Services Department in accordance with this by-law to allow cutting, removal and replacement of trees under conditions stipulated in the permit. "Tree Protection Zone" means the area around a tree, including, but not limited to, the area occupied by the canopy and root zone and is to be determined by the Director with input from the property owner. Prohibitions 3. a) No person, unless exempted by this by-law, shall cut down any tree or permit a tree to be cut down without first obtaining a tree cutting permit for that purpose. b) No person, unless exempted by this by-law, shall carry out any of the following tree damaging activities in respect to any tree without first obtaining a tree cutting permit and carrying out the activity strictly in accordance with the permit: i) Cutting or damaging the roots inside a tree protection zone; Placing fill, building materials, asphalt or depositing concrete washout or other liquid or chemical substances harmful to a tree on land inside a tree protection zone; Operating trucks, backhoes, excavators or other heavy equipment over the roots inside a tree protection zone; Denting, gouging or damaging the trunk of a tree; v) Removing bark from a tree; vi) Constructing or placing a building or structure on land inside a tree protection zone;

4 BY-LAW NO PAGE 4 v v ix) Removing soil from land inside a tree protection zone; Blasting inside or outside a tree protection zone so as to damage roots or disturb soil inside a tree protection zone; and Undermining the roots inside a tree protection zone. Exemptions 4. a) Notwithstanding Section 3, a person may cut down or remove trees, other than significant trees, without first obtaining a tree cutting permit if: i) The tree or trees are hazardous and present an immediate danger to the safety of persons, or are likely to damage public or private property; The tree or trees are located on lands classified as managed forest land under the British Columbia Assessment Act, or land in a tree licence area under the Forest Act; The tree or trees are located on privately owned land and are less than 5 m in height or less than 10 cm in diameter; The tree or trees are located on privately owned parcels of land less than 2 ha in size and zoned Residential, Commercial or Industrial in the City of Kamloops' Zoning By-law, as amended from time to time; v) The tree or trees are located on lands which are undergoing development in accordance with a subdivision plan which has been approved by the Approving Officer, or a development permit or building permit which has been issued by the City; vi) The tree or trees are requested to be removed by the Approving Officer or the Chief Building Inspector in accordance with the City's Urban/ Wildland Interface Policy. b) The provisions of this by-law shall not apply to the installation, repair or maintenance of any public works or service carried out by or under the authority of the municipality, provided that whenever it is proposed to cut down a tree or carry out a tree damaging activity, the proposed work shall first be reviewed and approved by the Director. c) The provisions of this by-law shall not apply where a person has obtained a permit from the City Engineer to cut down or remove trees from a watercourse in accordance with the City of Kamloops Watercourse Regulations By-law, as amended from time to time.

5 BY-LAW NO PAGE 5 Tree Cutting Permit Considerations 5. a) The Director, upon application for a Tree Cutting Permit, may issue the permit, refuse to issue the permit, or issue the permit subject to such terms and conditions as may be deemed appropriate. b) The Director, in considering the application, may: i) inspect the site; require the applicant to submit more information at the applicant's cost, including but not limited to: - a site plan, - a tree location plan, - a contour plan, - a geotechnical report identifying the impact of the proposed tree removal, - a report by a C.A., Landscape Architect, Professional Forester, or other qualified professional identifying the impact of the proposed tree removal. refer the application to other City departments or government agencies. c) The Director, in considering the application, may refuse to issue the permit if: i) the trees are on slopes of a grade of 30% or greater, the trees are within 15 m of the natural boundary of a watercourse as defined by the City of Kamloops Watercourses Regulations By-law, as amended from time to time, the trees are within a 7.5 m wide buffer zone abutting an established neighbourhood, or large stands of trees will be clear-cut, creating a significant visual impact or affecting wildlife habitat. Removal of Hazardous Trees and Shrubs 6. Notwithstanding any other provision in this by-law, a person may cut down a tree or limb of a tree if the tree or limb of the tree is in imminent danger of falling and injuring persons or property.

6 BY-LAW NO PAGE 6 (24-44) 7. a) If the Director determines that any tree growing or standing on private lands is a hazardous tree, the Director shall forthwith notify the owner of the private lands in writing of such condition, and require the owner to have such hazardous tree removed, or a portion of tree removed, within 21 days from the date of delivery of such notice. A notice under this section shall be deemed to be validly given if delivered by personal service or by registered mail to the most recent address shown on the current assessment roll. If the notice is sent by registered mail, it shall be deemed to be received three (3) business days after the date of posting; b) If the Director is unable to serve the owner with the notice under subsection 7(a), the City may apply to the Supreme Court of Canada for an order to serve the notice by substituted service; c) If the owner does not remove the hazardous tree within the time period referred to in subsection 7(a), the City, by its employees or others, may enter the private lands and remove the tree at the expense of its owner; and d) The expenses incurred by the City under this section shall, if unpaid on or before December 31, in any year, be added to and form part of the taxes payable on the land designated in the notice. Reconsideration 7.1 a) Any person who is subject to a decision by the Director under Subsection 7(a) may apply to Council to reconsider the decision by notifying the City s Legislative Services Division in writing, and: i) such notice must be delivered in person to the City's Legislative Services Division or by facsimile at: , within 14 days of the owner's receipt of the notice referred to in Subsection 7(a); such notice must contain the address for delivery of the person applying for reconsideration, the particulars of the tree(s) involved, and the reason for reconsidering the Director's decision; the Legislative Services Division, upon receipt of the notice, shall advise the applicant in writing of the date and approximate time that Council will reconsider the decision of the Director; and at the reconsideration hearing, the applicant may address Council, and Council may question the applicant and have the Director present to be questioned by Council and the applicant.

7 BY-LAW NO PAGE 7 Replacement Trees 8. In addition to any other remedy, any person who cuts down or damages a tree or trees in contravention of this by-law or a permit issued under this by-law shall: a) Upon notification by the Director, plant a replacement tree or trees in approximately the same location as the trees removed of a species and size to be determined by the Director; and b) Where the owner of a parcel of land is required to replace trees as set out in this section, he shall be responsible for maintenance of any replacement trees for a period of one year. The owner shall post with the City security in the amount of 120% of the cost of replacing and maintaining the tree or trees for a period of one year to guarantee the performance of the requirements of this section. The amount of security in the form of a cash deposit or letter of credit shall be deter-mined by the Director in accordance with standards as set by the International Society of Arboriculture or the National Arborist Association in determining the value of a tree. Penalty 9. Every person who contravenes any of the provisions of this by-law shall be deemed to have committed an offence against this by-law and shall be liable upon conviction to a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) for each tree for the first offence and for subsequent offences not less than One Thousand Dollars ($1,000.00) for each tree. Permits 10. Every application for a permit shall be made to the Director and shall be accompanied by a non-refundable application fee as follows: a) Fifty Dollars ($50.00) for the first five trees; b) One Hundred Fifty Dollars ($150.00) for six trees or greater; c) There shall be no permit fee charged for the removal of a tree pursuant to Section 6 and Section City of Kamloops Tree Protection By-law No , 1994, and all amendments thereto, is hereby repealed.