BYLAW NO. 2136 - Langford Tree Protection Bylaw, 2023

BACKGROUND

On February 6, 2023, Council adopted City of Langford Tree Protection Bylaw No. 2117, 2023, which regulates the cutting of trees in Langford. Intended as an interim tree protection measure until a more comprehensive Urban Forest Management Plan (UFMP) was put in place, the Bylaw was written with a repeal date of 180 days from the date of adoption (August 4, 2023). Staff have continued to work on the development of an UFMP for Langford while the interim Bylaw is in place.

On January 16, 2023, Council directed staff to issue a Request for Proposal (RFP) outlining specific action items to be included within the UFMP. The RFP process closed on June 2, 2023. A total of two (2) bids were received.

At this time, staff are ready to proceed with retaining the consultant of choice.

Given that the UFMP is still under development, Council may wish to extend the interim Bylaw repeal date in order to facilitate the consultant’s work to finalize the UFMP, which may include a permanent tree protection bylaw. It is anticipated that the final UFMP will be completed by spring 2024.

Staff are also proposing to amend sections of the existing Bylaw that has been causing confusion of interpretation. This amendment will improve clarity and ensure the Bylaw/future UFMP function as intended. Further details follow.

COMMENTARY

Council Update: Urban Forest Management Plan

The RFP’s objective was for the City to seek proponent(s) who are able to provide full project management and deliver a final action plan. This includes background research, community engagement, inventory, and mapping analysis. A total of two (2) bids were received.

Consultant Bids (submitted)

subject to final contract scope

The submitted bids were evaluated based on qualitative and quantitative factors including relevant project and professional experience, cost, and how well the proponent responded to the specific deliverables of the RFP.

Of the two bids received, Diamond Head Consulting achieved the best score. Once staff have negotiated a draft contract, staff will bring it back to Council for final review and consideration.

Existing Tree Bylaw No. 2117

Staff are recommending a minor amendment to Bylaw No. 2117 to extend the repeal date. Staff are also recommending a change of language to provide greater clarity with respect to exemptions from the Bylaw.

Currently the Bylaw terms stipulates those trees located on private property within a Development Permit Area, but that are excluded from the Development Permit process, are also excluded from the Tree Bylaw (clause 4f). This has caused confusion and is creating difficulties for staff when attempting to validate acceptable exemptions.

The intent behind clause 4(f) is to prevent barriers to critical institutional development (such as post-secondary education) where removal of trees may be required to accommodate access and servicing beyond the scope of the building permit or development permit process. Under the City’s existing Development Permit Guidelines, institutional developments within the City Centre are exempt from the Development Permit process, and thus the Tree Bylaw. However, the current wording of 4(f) also inadvertently captures some situations within the Interface Fire Hazard and Riparian Development Permit Areas where tree removal may be permitted without the benefit of a professional assessment.

For example, under the Development Permit Guidelines, the following would be excluded from the Tree Bylaw entirely:

• A property in the Interface Development Permit Area is exempt from a DP for the removal of trees or vegetation if no other environmental protection or hazardous conditions exist. This allows a property owner to clear trees from the lot without the benefit of a Development Permit or assessment by a qualified professional.
• Accessory structures under 107 ft2 in a Development Permit Area are exempt from the DP and BP process, and therefore the Tree Bylaw. This would technically allow a property owner to clear trees in areas of the property not immediately impacted by construction of the structure.
• Construction of accessory buildings within the Riparian Development Permit Area, but outside the designated SPEA designated by a Development Permit previously issued by Council. This would allow developments to clear trees that are outside of the SPEA, but on the same property.

Considering the above, Council may wish to amend clause 4(f), which currently allows the removal of trees without the benefit of a tree hazard assessment and/or environmental assessment, by replacing it with the following:

• Post-secondary education within the City Centre or Sooke Road Revitalization Area

Staff also recommend expanding on the definition of “Dangerous Tree” to capture situations where an interface fire hazard exists, as verified by a qualified professional forester.

Moving forward, if a property owner would like to remove a tree to negate a fire hazard concern, or build a structure exempt under the Tree Bylaw, they may hire a professional to assess the property and have it deemed a hazard tree (excluding it from the Bylaw) and/or free from any environmental concerns. In all other situations, a professional arborist may deem the trees to be hazardous.

Should Council support the above noted recommendations, they may wish to proceed with consideration of Bylaw No. 2136 to implement a new repeal date 300 days following the adoption (May 2024, to allow the UFMP to be completed first and amend clause 4(f) to the Bylaw.

FINANCIAL IMPLICATIONS

There are no financial implications for the proposed Bylaw amendment.

LEGAL IMPLICATIONS

There are no legal implications for the proposed Bylaw amendment.

OPTIONS

Option 1
THAT Council proceed with consideration of First, Second and Third Readings of Bylaw No. 2136.

OR Option 2
THAT Council do nothing at this time with respect to Bylaw No. 2136.

SUBMITTED BY

David Sametz, MCIP, RPP, Planner II – Long Range Planning

Concurrence:
Leah Stohmann, MCIP, RPP, Deputy Director of Planning and Subdivision
Concurrence:
Donna Petrie, Senior Manager of Business Development and Events
Concurrence:
Yari Nielsen, Director of Parks, Recreation and Facilities
Concurrence:
Matthew Baldwin, MCIP, RPP, Director of Planning and Subdivision
Concurrence:
Katelyn Balzer, P.Eng., Director of Engineering and Public Works
Concurrence:
Michael Dillabaugh, CPA, CA, Director of Finance
Concurrence:
Marie Watmough, Deputy Director of Corporate Services
Concurrence: Braden Hutchins, Director of Corporate Services
Concurrence:
Darren Kiedyk, Chief Administrative Officer

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CITY OF LANGFORD

BYLAW NO. 2136

A Bylaw to Prohibit the Cutting of Trees

WHEREAS Section 8(3)(c) of the Community Charter allows a local government to prohibit and/or regulate the cutting of trees;

AND WHEREAS the Council for the City of Langford wish to regulate the cutting of Trees in the City;

NOW THEREFORE the Council of the City of Langford in open meeting assembled enacts as follows:

1. TITLE

This Bylaw may be cited for all purposes as “City of Langford Tree Protection Bylaw No. 2136, 2023”.

2. DEFINITIONS

In this Bylaw, unless the context otherwise requires:

“City” means the City of Langford and includes, where the context requires, persons employed by or acting as agents of the City;

“Cut Down or Cutting” means to remove a Tree or Trees by any means or the undertaking of any action which results in the death of a Tree or Trees or could reasonably be expected to result in the death of a Tree or Trees, and includes, without limitation pulling up, pushing up, pulling over, or otherwise felling a Tree;

“Damage” means (a) poisoning, burning, or pruning in a manner not in accordance with arboricultural best practice, including removal of more than 25% of the tree’s total live foliage or bud bearing branches or limbs, (b) topping, unless the tree in question has been previously topped and regenerative growth has a high likelihood of failure due to weak branch attachment, excessive branch elongation and end weight, or the formation of extensive decay or cavities that cannot be mitigated other than by re-topping the tree, (c) shearing, harming or undermining the roots of the tree, (d) denting, gouging, drilling, harming, or affixing anything to the branches or the trunk of a tree, (e) removing bark from a tree, or (f) doing anything that would cause the tree to die.

“Dangerous Tree” means a Tree, identified by a qualified professional who has training in tree risk assessment (certified arbosrist) or, in cases of interface fire hazard areas, a professional forester, which could reasonably be expected to present an imminent hazard to the safety of persons or to the public or to private property;

“City” means the City of Langford and includes, where the context requires, persons employed by or acting as agents of the City; and

“Tree” means a woody perennial plant of any size with a trunk diameter greater than 20 centimeters measured at a height of 1.4 meters above the undisturbed grade of the land where the Tree is located.

3. APPLICATION OF BYLAW

Subject only to the exceptions set out in Section 4, no person shall:

a) Cut Down or Damage, or permit the Cutting Down or Damage of any Tree on a parcel or parcels of land in the Municipality; or

b) Fail to comply with the requirements of this Bylaw.

4. EXCEPTIONS

This Bylaw does not apply to:

a) Dangerous Trees;

b) Trees within an interface fire hazard development permit area, but outside any other environmental development permit area, that pose a risk to health and safety, as identified by a professional forester;

c) Trees required to be Cut Down to pursuant to the Railway Safety Act, S.B.C. 2004, c. 8, the Hydro and Power Authority Act, R.S.B.C. 1996, c. 212, the Oil and Gas Activities Act, S.B.C. 2008 c. 36, the Workers the Workers Compensation Act, R.S.B.C. 2019, c. 1, or any regulation under these acts or under section 50 of the Community Charter, S.B.C. 2003, c.26;

d) Trees Cut Down by City employees, or their agents, during the discharge of duties that involve maintenance, surveying of the creation and upkeep of walkways and trails;

e) Trees Cut Down by British Columbia land surveyors during the discharge of their duties;

f) Trees authorized to be Cut Down in accordance with a Development Permit, Building Permit, or any other permit issued by the City;

g) Post-secondary developments within the City Centre or Sooke Road Revitalization Area.

5. POWER TO ENTER ONTO PROPERTY

Pursuant to Subsection 16(6)(d) of the Community Charter the City has the authority to enter onto property for the purpose of inspecting and assessing trees.

6. GENERAL PROVISIONS

Should any provision of this Bylaw be declared by any Court to be invalid the outcome shall not affect the validity of this Bylaw, as a whole or parts thereof, other than the provision or provisions declared to be invalid.

7. CONTRAVENTION AND PENALTIES

a) Every person who violates any of the provisions of this bylaw, or who suffers or permits any act or thing to be done in contravention of this bylaw or who neglects or refrains from doing anything required to be done by any of the provisions of this bylaw shall be deemed to be guilty of an infraction hereof and shall be subject to fines as prescribed under the Offence Act R.S.B.C., 1996 c. 338 or as set out in the Municipal Ticket Information Bylaw No. 34, 1993, as amended from time to time.

b) Upon being convicted of an offence under this bylaw, a person shall be liable to pay a fine of not less than $5,000.

c) Each Tree that is Cut Down contrary to this Bylaw constitutes a separate offence.

8. REPEAL

Bylaw No. 2117, Bylaw to Prohibit the Cutting of Trees is hereby repealed.

This bylaw shall be automatically repealed 300 days after the adoption.

READ A FIRST TIME this , 2023.
READ A SECOND TIME this , 2023.

READ A THIRD TIME this, 2023.
ADOPTED this, 2023.

PRESIDING COUNCIL MEMBER
CORPORATE OFFICER