Landscaping By Law
Requirement for tree permit. A person must not cut down or kill a tree on a site, remove a tree from a site, relocate a tree on a site, or plant a replacement tree on a site, except in compliance with this By-law and the tree permit issued for such removal, relocation, or replacement.
The Director of Planning may include conditions regarding the removal, relocation, replacement or retention of a tree in a tree permit, and the tree permit holder and the owner must comply with those conditions.
Posting of tree permit. During the removal, relocation, or replacement of a tree, the tree permit holder and the owner must post the tree permit, and keep it posted, in a conspicuous location on the site that is visible from an adjacent street.
Measurement of distance. Measurement of the distance between a tree and a proposed or existing building under this By-law is to occur at 1.4 metres above grade, and is to be the shortest distance from a point on the main trunk of the tree to a point on the exterior wall of the proposed or existing principal or accessory building.
Relaxation of distance requirement. Under subsections (e) and (f) of section 5.2, if the Director of Planning is satisfied that a tree warrants retention and can survive with standard arboricultural care and appropriate construction techniques, the Director of Planning may relax the minimum distance referred to in section 5.4.
Requirement for replacement tree. The owner of the site must plant a replacement tree in accordance with this By-law for every tree removed from the site in contravention of this By-law, or as required by the tree permit issued for the removal of a tree.
Siting of relocation tree or replacement tree. An owner must plant a relocation tree or replacement tree. On the same site as the tree the owner is replacing or relocating; at least one metre from any side boundary of the site.
Any accessory building on or adjacent to the site, or any other structure or thing on or adjacent to the site that, in the opinion of the Director of Planning, the tree may adversely affect or that may adversely affect the tree; at least 1.5 metres from any principal building on or adjacent to the site; (d) at least 2.5 metres from any other tree on or adjacent to the site; and in accordance with any approved tree plan
An owner must plant a relocation tree or replacement tree: in the case of development under the Zoning and Development by-law, before: issuance of an occupancy permit, or occupancy of a development not requiring an occupancy permit; in any other case, within six months after the date of issuance of the tree permit for such relocation tree or replacement tree; except if the Director of Planning specifies, as a condition of such tree permit, another deadline for such relocation or replacement.
With an application for issuance of a development permit or building permit, the owner or the applicant on behalf of the owner, must also submit a report, certified correct by an arborist, that sets out:
The condition, size, and species of trees on the site; the impact of the proposed development on the health of trees on the site, and potential hazards to them during or after construction.
The owner of a site must care for each tree on the site in accordance with the requirements of this By-law and any applicable tree permit.
If a tree on a site becomes a hazardous tree as a result of damage from a natural cause, the owner or occupier of the site may remove the tree before obtaining a tree permit.