City of White Rock
Request for Proposal
RFP- 2014-01
Urban Forest Management Plan
Issued: December 21, 2014
Submission Deadline: January 12, 2015 by 4:00 p.m. local time
Deliver to:
City of White Rock
Attention Chris McBeath, Planning and Development Services
By email: cmcbeath@whiterockcity.ca
Or
By Delivery: City Hall-Lower Level, 15322 Buena Vista Avenue, White Rock, BC
i
Communication
Any questions regarding this proposal are to be submitted in writing via email by January 5 th 2015.
Single Point of Contact
Name:
Chris McBeath
Title:
Planner
Dept.:
Planning and Development Services
E-mail:
cmcbeath@whiterockcity.ca
Prices and sources will be treated as confidential information. Prices and sources will not be shared with
competitors. At the conclusion of the award process the list of submitting Proponents and the name of
the successful Proponent will be disclosed.
No verbal communications shall modify the terms, conditions, or specifications, unless they are confirmed
in writing to all potential proponents by the City of White Rock. Should a Proponent find omissions from
or discrepancies in any of the RFP documents, unnecessary restrictions in the specifications, or should
there be any doubt as to the meaning of any part of this document, the Proponent should notify the
contact named above in writing by email prior to submitting a proposal. An addendum will be issued
if it is determined that a correction, explanation or interpretation is necessary or desirable.
ii
Addenda
Addenda will be posted on the Purchasing Web Page of the City of White Rock’s Website:
www.whiterockcity.ca If Proponents fail to report any discrepancies, errors or omissions to the City
contact as specified, Proponents will be deemed to have accepted all such specifications as being
accurate, and the City will not approve any alternatives or extra charges subsequent to acceptance of the
Proposal. Therefore, Proponents are encouraged to review the document in full before the deadline for
questions on January 5, 2015.
iii
Copyright
The copyright for concepts and/or materials developed for this project will become the property of the City
unless otherwise mutually agreed upon by the successful Proponent and the City.
iv
Litigation Clause
Active or pending litigation against the City by a Proponent will prevent consideration of any bid submitted
by that Proponent.
v
Submission Copies


Submit 1 signed copy of the Proposal electronically
Or
Submit 6 hard copies and one electronic copy of the Proposal in person.
vi
Electronic Documents supplied by the City of White Rock
N.B. All of, or a part of, this document may be available in an electronic format. In these cases, please
note very carefully that no alteration to the document's supplied text should be made. Amendments you
make to our supplied information (i.e. the pre-printed text) that alter the scope of work or terms of
reference will result in your bid submission being non-compliant and disqualified.



Your proposal must be open for acceptance for 90 days from the due date of our request.
The attached Standard Terms and Conditions will form a part of any subsequent contract or
purchase order.
The City reserves the right to:
a) terminate the process described in this Request for Proposal at any time, including before
the closing date, for any reason whatsoever and will not be responsible for any costs
incurred by vendors in the preparation and submission of their responses to this Request for
Proposals.
b) not accept any proposal and is expressly permitted to reject any or all proposals.
c) terminate negotiations with an RFP proponent at any time.
2
N.B. The RFP process is designed to allow the City the option to select one or more proponents with
whom it may attempt to negotiate an arrangement responsive to the City’s needs. Selection as a
Proponent with whom the City may negotiate does not guarantee that the City will conclude an
arrangement with the Proponent. The City expressly reserves the right to terminate the RFP process
before a Proponent is selected, to terminate negotiations with the selected Proponent(s) or to determine
that the City’s needs can be met, or have been met, in a different manner.
vii
Estimated RFP Process and Project Timelines:
DESCRIPTION
DATE
RFP Issue
December 21, 2014
Deadline for questions
January 5, 2015
Proposal due date
January 19, 2015 4 pm local time
Evaluation of Proposals
January 20, 2015 to January 16, 2015
Interviews with Short-listed Proponents, if required
January 22, 2015
Award of Contract
January 25, 2015
Contract Start Date
January 25, 2015
Presentation of Draft to Land Use and Planning Committee
May 2015
Contract Project Completion Date
June 2015
Open for Acceptance period
90 days from closing date
viii
Evaluation of Proposals
The evaluation committee will be comprised of City of White Rock staff. Proposals will be evaluated
according to the following evaluation criteria and weighting:
Evaluation Criteria
Professional Qualifications and Experience
 Description of the firm and project team
 Related experience
 Project Team Resumes
 References
Ability to Meet Project Requirements:
 Project plan and schedule to meet required timeline
 Allocation of Resources
Quality of Submission
 Community Engagement.
 Creativity and approach
 Quality and clarity of the written submission and graphic presentation
Price
Total point available
Points
Available
30
30
30
10
100
The proposal with the highest overall point score will be recommended for the award. Interviews will be
held for the sole purpose of determining a successful Proponent if proposal scores are too close to
determine a successful Proponent from the proposals submitted.
3
TABLE OF CONTENTS
I.
COMMUNICATION
..................................................................2
II. ADDENDA
..................................................................2
III. COPYRIGHT
..................................................................2
IV. LITIGATION CLAUSE
..................................................................2
V. SUBMISSION COPIES
..................................................................2
VI. ELECTRONIC DOCUMENTS
..................................................................2
VII. ESTIMATED RFP PROCESS AND PROJECT TIMELINES ..........................................................3
VIII. EVALUATION OF PROPSALS
..................................................................3
REQUEST FOR PROPOSAL
1. CONTACT INFORMATION AND AUTHORIZATION .....................................................................5
2. ADDENDUM ACKNOWLEDGEMENT
..................................................................5
3. DECLARATION OF CONFLICT OF INTEREST
..................................................................6
4. PROFESSIONAL QUALIFICATIONS AND EXPERIENCE ...........................................................6
5. COSTS
..................................................................7
6. ABILITY TO MEET PROJECT REQUIREMENTS
..................................................................7
7. COMMUNITY ENGAGMENET AND CREATIVITY
................................................................11
STANDARD TERMS AND CONITIONS
................................................................12
APPENDICES
1 - OFFICIAL COMMUNITY PLAN
................................................................18
2 - ENVIRONMENTAL STRATEGIC PLAN
................................................................23
3 - POLICY 611 - TREE MANAGEMENT ON CITY LANDS
................................................................25
4 - TREE MANAGEMENT BYLAW
................................................................29
5 - BENEFITE OF URBAN TREES
................................................................47
4
Proposal Form
PROPONENTS SHALL COMPLETE THE FOLLOWING FORM AS THE PROPOSAL SUBMISSION
Your completion of this form conveys acceptance of the City of White Rock’s Terms and Conditions.
This RFP document will form a part of the purchase order or contract
REQUEST FOR PROPOSAL RFP- 2014-01
The City of White Rock requires the services of a professional consultant firm to undertake community
engagement, review existing and best practices, analyze and make recommendations on amendments to
Bylaw 1831 and Policy 611, analyze issues and prepare an Urban Forest Management Plan.
Responses must be delivered by 4:00 P.M. (local time) on
DATE ISSUED
December 15, 2014
REQUEST
FOR
PROPOSAL
THIS IS NOT
AN ORDER
January 12, 2015
Deliver via email to: cmcbeath@whiterockcity.ca
Or
by courier or in person to the following address:
City Hall – Lower Level Planning Reception Counter, 15322 Buena
Vista Avenue, White Rock, BC
Each Proponent is solely responsible to ensure that its Bid is delivered no later than the closing date and time.
1.
Contact Information and Authorization
Date:
Corporate Name:
Contact Person:
Signature Of Authorized Officer:
X
Print Authorized Officer’s Name:
(If submitted by or on behalf of a corporation it must be signed by the duly authorized officers.)
Address:
City/Town, Province, Postal Code:
Telephone No.:
Fax No.:
E-Mail Address:
Price:
Terms (e.g. 2%-10 Days-Net 30):
Warranty (If Applicable):
2.
Addendum Acknowledgement
Addenda will be posted on the Purchasing Web Page of the City of White Rock's website
www.whiterockcity.ca.
Receipt of Addendum Number(s) _________to_______is hereby acknowledged.
5
3.
Declaration of Conflict of Interest
All vendors retained by the City of White Rock shall disclose to the City prior to submitting a bid and/or
accepting an assignment any actual or potential conflict of interest. If staff determines such a conflict of
interest does exist, the City may, at its discretion, withhold the assignment from the vendor until the
matter is resolved. If a significant conflict of interest is deemed to exist, then the vendor shall be ineligible
for the contract or shall take such steps that are deemed necessary to remove the conflict of interest
without penalty to the City.
3.1 Please list any conflicts you may have regarding this project or in completing work for the City
of White Rock.
4. Professional Qualifications and Experience - 30 Evaluation Points
The successful consultant must be able to verify that their team has full membership in good standing
with their respective professional associations. The Consultant’s team and their demonstrated knowledge
and expertise on environmental and community benefits of trees in the following areas will be reviewed:










Landscape Architecture
Arboriculture
Municipal Forestry Operations
Municipal Best Practices Evaluation
Community Planning and Development
Community Engagement and Social Media
Risk Management
Mapping and Tree Inventory Management Expertise
Professional writing, graphic design and publication
Project Management
4.1 Please provide a description of your firm and relationship with partners or sub-consultants
indicating your understanding of the project and related experience to demonstrate how you
can meet or exceed the expectations of this RFP.
4.2 Please provide a description of your project team, including an Organization Chart that
identifies roles and responsibilities.
4.3 Please include Resumes for all key staff including lead and sub consultants in an appendix to
this submission.
4.4 Please summarize key projects you have completed which demonstrate your experience and
success in completing similar assignments.
6
4.5 Please provide contact information for 3 References.
Reference #1
Reference #2
Reference #3
CLIENT:
CONTACT
PERSON:
PHONE:
EMAIL:
WORK
PERFORMED:
5.
Costs - 10 Evaluation Points
5.1
Please provide the overall fee for your services (including disbursements):
Sub Total
G.S.T. 5%
P.S.T. 7%
Total
5.2
$
$
$
$
Please provide a list of anticipated expenses and their costs.
6. Ability to Meet Project Requirements – 30 Evaluation Points
White Rock’s Urban Forestry bylaws and policies need to be reviewed. Information on the extent of the
current urban forest, and how it is changing need to be assessed and the following questions need to be
addressed.


















How much urban forest do we have?
How is it changing over time?
Where are the opportunities to grow or enhance the tree canopy
What is the projected urban canopy coverage based on available planting space
What is an optimal urban canopy for a city this size and with existing limitations
What types of treed environments are found within our urban forest?
What are their qualities, functions and benefits?
Where are they located?
How do they relate to one another?
What condition are they in?
Where do safety hazards exist?
How do we balance view protection, tree protection and redevelopment?
How can we organizationally better manage and provide for city beautification?
How can we make better use of technology to manage the urban forest?
What amendments may be required to Bylaw 1831 and Policy 611?
Where is there space for tree planting?
What are the projected staffing requirements to implement and maintain recommendations?
What are the operational costs of implementing proposed changes?
Deliverable: As a final product, a concise, user-friendly document of about 30 pages (in addition to a
separate less formal document containing supporting appendices) is required that will also serve as an
educational tool for urban forestry. Also required is a revised or new city wide urban forestry bylaw.
7
Working from an existing draft framework (presented in table below), the consultant will accomplish the
following:



Development of strategies and recommendations
Stakeholder input and consultation, including a summary of feedback received
Production and presentation of final document (and appendices)
Background Data
The Consultant will be required to review and incorporate any relevant City strategic directions from
current documents, including but not limited to:








Official Community Plan
Parks Master Plan
Environmental Strategic Plan
Zoning Bylaw
City Public Tree Policy
Tree Management Bylaw
Strategic Transportation Plan
Street and Traffic Bylaw
Relevant technical data will also be available, including:
 Aerial Photos
 Street Tree Inventory (in progress)
 Maintenance Records
 Other
Development of Strategies and Recommendations
The City’s draft framework for the plan is presented below along with the role that the Consultant will play.
Plan*
Consultant Role
1. Introduction, Purpose and Strategic Themes
Section to include, but not limited to:
 Introduction – purpose/goals of the plan, importance of
trees, history, definition of urban forest, etc.
 Environmental Benefits - relationship of trees to global
warming, air quality, energy conservation, storm water
management, wild life habitat, etc.
 Community benefits – aesthetical, spiritual, shade,
property values, etc.
 Risk Management – responsibilities of ownership,
compatibility in an urban environment, etc.
 Vision and overall goals for urban forest
 Appropriate planning horizon and revision periods
 Overview document


8


Write section.
Provide scientific foundation data, best
practices, etc.
Assist with development of overall Plan
vision and strategy based on science, City
strategic plans and community values.
Develop specific goals for the City’s urban
forest (e.g. % canopy cover), and outline
potential of urban canopy based on
limiting factors, i.e. underground services,
overhead utility lines, proposed
development, etc.
2. Management & Administration
Discussion and recommendations pertaining to the
following:
 Determining the city’s existing tree canopy and its
potential for carbon sequestration, and to mitigate
urban heat island effects and air pollution.
 Carbon credit opportunities
 Structure of the city’s forestry operations
 Establishing operational performance measures
 Need/adequacy of reserve funding
 Analysis of relationship with Hydro forestry operations
 Park tree inventory requirements (street tree inventory
is in progress)
 Sharing of urban forestry data, both internally and
externally
 Managing the implementation and progress of the Plan


3. Plant Health & Risk Management
Discussion and recommendations pertaining to the
following:
 Maintenance, inspection cycle and health
enhancement for boulevard trees
 Maintenance & inspection cycle for parks, open
spaces, trails and pathways (formal and informal)
 Inspection cycle for over-mature and cabled trees
 Monitoring for invasive insects, disease and invasive
plants
 Tree planting standards and recommendations for
arterial and local roads, “hardscape” areas, and parks
 Care of trees in high stress environments
 Proactive removal of undesirable species and
replacements
4. Replenishment
Discussion and recommendations pertaining to the following
with respect to achieving overall vision and goals:
 Official Plan policies, zoning bylaw, and site plan
application guidelines with respect to trees
(landscaping and canopy cover policies)
 Roadway, park and open space infill planting
 Rejuvenation planting in mature areas
 Woodland naturalization/rejuvenation
 Partnerships and funding opportunities


5. Protection, Preservation and Sustainability
Discussion and recommendations pertaining to the
following:
 City tree protection standards
 Official Plan policies, zoning bylaw, and site plan
application guidelines with respect to tree
saving/protection and city beautification
 Community Awareness
 Private tree bylaw
 City tree bylaw


9









Write section.
Perform minor study on relationship with
local utility forestry operations best
practices.
Perform required analysis to advise on
and then develop, in conjunction with City
staff, recommendations in all areas
Develop template for tree management
permit applications and permit(s)
Outline staffing requirements based on
recommendations
Write section.
Perform minor study(s) on maintenance
and inspection cycle best practices in
areas noted.
Perform required analysis to advise on
and then develop, in conjunction with City
staff, recommendations in all areas
Write section.
Perform minor study on Official Plan
policies, zoning bylaw, and site plan
application guideline best practices and
related municipal authority.
Perform required analysis to advise on
and then develop, in conjunction with City
staff, recommendations in all areas
Write section.
Perform minor study(s) on development
application tree protection standard best
practices and related municipal authority.
Perform minor study on Private Tree
bylaws (e.g. experience in other
communities, pros/cons) Provide advice
on education re removal on public land
Perform required analysis to advise on
and then develop, in conjunction with City
staff, recommendations in all areas
6. Engagement
 Write section.
Discussion and recommendations pertaining to the
 Perform required analysis to develop, in
following:
conjunction with City staff,
 Urban Forestry Communications Plan
recommendations in all areas
 Web site presence
 Consult with City Communications and
 Honour Roll of Trees Program
Arborist staff
 Annual Arbour Day Program
 Recognition program for tree-friendly developments
 Partnership opportunities
*These contents may be modified during the development of the plan and following stakeholder input.
Document Publication
The Consultant will be fully responsible for, but require City approval of, the design, layout and production
of a draft and final document with the following parameters:




Professionally written and produced final document of about 30 pages with appropriate colour
photographs, charts and graphs as required to be visually appealing and readable
Draft document in a format compatible with White Rock Systems
Provision of an appropriate electronic file of final document for further reproduction by the City
Provision of supplementary document containing supporting appendices for internal use
6.1 Please describe your methodology and Project Plan to deliver the project.
6.2 Please provide your proposed schedule to meet the required timeline and advise on any
issues or suggestions you may have.
6.3 Please provide the following information on allocation of Resources.
Name of Person(s) to
be Assigned
Title & Role
Hourly
Rate
# of Hours
Allocated
Extended Value
$
$
$
$
$
$
Total
If additional services are requested, the quoted hourly rates will apply.
$
Sub-consultants /Third Party Vendors, If Any
Name of Company and
Person(s) to be Assigned
Title & Role
Hourly
Rate
Extended
Value
$
$
$
$
$
$
$
$
Total
10
# of Hours
Allocated
Sub-consultants and third party vendors are not to be replaced without informing the City beforehand and
receiving written approval to do so. If additional services are requested, the quoted hourly rates will
apply.
7. Community Engagement and Creativity – 30 Evaluation Points
Extensive stakeholder input, consultation and co-ordination will be required as part of the contract. The
Consultant will organize, document and summarize stakeholder input initiatives with the following
stakeholders:






The community at large and community groups
Environment Committee
Mayor and Members of Council
Key staff – City Arborist, Roads & Parks Maintenance, Planning, Engineering, Recreation and
Leisure Services, Communications
BC Hydro, Telus, Shaw
Semihamoo First Nations
The City will be responsible for related facility and advertising costs.
The Consultant will be required to meet with City staff on a regular basis (estimated 10 meetings X 2
hours) in order to receive direction, present results of consultations and minor studies, jointly develop
strategies and recommendations, provide updates, and finalize the draft plan.
The Consultant will attend and participate in one Environmental Advisory Committee meeting at which the
draft Management Plan will be presented
The Consultant will attend and participate in one Land Use and Planning Committee meeting at which the
Draft Management Plan will be presented.
The Consultant will attend and participate at the Council Meeting where the Urban Forestry Management
Plan will be recommended.
Unlimited telephone and email communication shall be included.
7.1 Please describe your philosophy regarding community engagement and stakeholder
consultation for this project.
7.2 Please describe your community engagement plan and consultation techniques.
7.3 Please describe your conflict management approach for this project.
7.4 Please describe how you will make use of technology and mapping for this project.
7.5 Please describe how you will make use of innovation and creativity in completing this project.
11
STANDARD TERMS AND CONDITIONS
CITY OF WHITE ROCK
AGREEMENT FOR SERVICES
PARTIES
This Agreement For Services is made between:
CITY OF WHITE ROCK
15322 Buena Vista Avenue
White Rock, BC V4B 1K6
(the “City”)
AND:
(the “Contractor”)
WHEREAS, the City desires that the Contractor make available its services in those areas in which the Contractor
has professional and technical qualifications; and
WHEREAS, Contractor has represented that the Contractor is skilled in providing these services;
NOW, THEREFORE in consideration of the mutual premises and covenants contained herein, the parties agree as
follows:
SERVICES
1.
The Contractor shall provide professional services as outlined in the attached Request for Proposal, dated
xxxxxxxxx 2015, on the terms and conditions set out in this Agreement (the "Services") in an efficient,
competent, timely and professional manner to the full satisfaction of the City. This Agreement is not
exclusive, nor does it warrant or guarantee any future business or any automatic renewal of Term.
2.
The Contractor shall designate xxxxxxxxxx, to perform the Services. Should the Contractor designate any
other personnel to perform the Services, it shall do so only with the prior consent of the City. In the event
that any of the Contractor's designated personnel do not perform the Services to the full satisfaction of the
City, the City reserves the right to request the Contractor to make a change in personnel at the Contractor's
expense.
3.
The City reserves the right to amend or vary these Services upon notice in writing to the Contractor, or, as
may be agreed between the City and the Contractor from time to time.
4.
The Contractor shall determine the method by which the Services are performed, subject to such reasonable
instructions as the City may provide from time to time. Liaison with the City respecting the Services shall
be Chris McBeath (the "City Liaison" ).
5.
The City may designate from time-to-time, in writing, one or more of its employees having on the City’s
behalf, authority to deal with the Contractor in connection with the Services and to make decisions binding
on the City falling within the scope of this Agreement (the “Designate(s)”).
6.
The Contractor shall provide the City Liaison and/or Designate(s), upon request, with reports regarding the
work done, and to be done, in connection with the performance of the Services.
12
7.
The Contractor represents to the City its personnel have the required skills, training and experience to
perform the Services.
8.
The Contractor agrees to assign a competent, adequate and skilled work force to perform the Services.
9.
The Contractor agrees to remove and replace any person whom the City deems to be unfit in any way.
10.
The Contractor is free to provide services to other clients during the Term of this Agreement, so long as
such activities do not interfere with or conflict with the Contractor’s obligations under this Agreement.
11.
The Contractor agrees to perform the Services with that standard of care, skill and diligence normally
provided by a professional in the performance of similar services. It is understood that the Contractor must
perform the Services based, in part, on information furnished by the City and the Contractor shall be
entitled to rely on such information.
TERM
12.
This Agreement commences in xxxxxxxxxxxxx and ends upon the completion of the Services to the full
satisfaction of the City Liaison, with completion expected no later than xxxxxxxx (the "Term"). The Term
of this Agreement may be extended either by mutual agreement in writing signed by both parties, or, by the
City, with all other terms remaining the same.
13.
The City does not warrant or guarantee any future business. There is no automatic renewal of Term for this
Agreement.
PAYMENT
14.
The City will pay the Contractor for the Services, including all fees and disbursements, $xxxxxxx, for the
above services performed and completed to the full satisfaction of the City.
15.
The Contractor shall invoice the City monthly, upon completion of the Services performed, the person
performing each of the Services, the time spent and the fee for each of the Services. Invoices should be
submitted in duplicate to the City Liaison and/or Designate(s) for approval.
a.
If the City approves of the Services which are the subject of the invoice, the City shall pay the
Contractor the amount of the approved invoice or part thereof thirty (30) days following the date
of the City's approval.
b.
If the City does not approve of the Services or part of them which are the subject of the invoice,
the City shall advise the Contractor in writing of the reasons for non-approval and the Contractor
shall remedy the problem at no additional cost to the City before the City shall be obliged to pay
the invoice or any part of it, as the case may be.
WARRANTY OF WORK
16.
The Contractor declares that information is provided to the best professional ability of the Contractor.
SUSPENSION OF WORK
17.
The City may at any time in its sole discretion suspend the Services for a specified or unspecified time by
written notice to the Contractor.
18.
Upon receiving notice of suspension, the Contractor shall immediately suspend all operations except those
which in the City’s opinion are necessary to preserve, care for and protect the Services.
19.
The Contractor shall be entitled to be reimbursed for its reasonable, proper and actual expenses incurred in
protecting, caring for and preserving the Services.
RIGHTS IN INTELLECTUAL PROPERTY
20.
Any and all information, reports, documents, data, computer software, or other items of any nature
whatsoever, in any form, prepared by the Contractor will remain the property of the Contractor unless
otherwise stated. Any reports, documents, data, computer software specifically designed or created for the
City pursuant to this Agreement and agreed to by the parties to become the property of the City, whether
completed or not, together with all designs or materials capable of intellectual property protection,
13
prepared, developed or created by the Contractor, its employees or agents during the performance of and/or
pursuant to this Agreement shall automatically become the property of the City.
CONFIDENTIAL INFORMATION
21.
The Contractor agrees that any information, knowledge (including but not necessarily limited to, City
business practices, techniques, relationships, agreements, etc.), data, research, documents, photographs,
negatives, computer programs (and related object and source codes) and any other information, knowledge,
materials or products disclosed to the Contractor by the City or otherwise produced, developed or known
by the Contractor in providing the Services (collectively the "Confidential Information") will not be:
a.
b.
published or disclosed to any third party not either during or after the Agreement except as
otherwise authorized by the City to:
i)
those of the Contractor's officers and employees who are directly concerned with the use,
development or application of the Confidential Information in the provision of the
Services; and
ii)
third parties as to the extent necessary to provide the Services; nor
used, sold or otherwise disposed of for value by the Contractor other than in the provision of the
Services under this Agreement.
This section shall survive the termination of this Agreement.
22.
The Contractor shall:
a.
b.
c.
comply with any rules or directions made or given by the City with respect to safeguarding or
ensuring the confidentiality of the Confidential Information;
as authorized by the City advise the Contractor's officers, employees and contractors to whom the
Contractor may disclose the Confidential Information of the confidentiality and ownership
provisions of this Agreement;
do that which is necessary and reasonable to prevent unauthorized disclosures, use, or sale (or
other disposition for value) of the Confidential Information.
This section shall survive the termination of this Agreement.
TERMINATION
23.
The City reserves the right at its exclusive option to immediately and without further notice, cancel any
Agreement, or part thereof, without further liability of any kind:
a.
b.
c.
d.
e.
f.
g.
h.
i.
for failure by the Contractor to complete the Agreement in a timely fashion;
for failure by the Contractor to meet described milestone events as required by the Agreement;
for poor workmanship by the Contractor;
for repeated or persistent faulty work or performance by the Contractor;
for failure by the Contractor to remedy defects or deficiencies after being given notice to do so;
if the Contractor is adjudged bankrupt or makes a general assignment for the benefit of creditors,
or a receiver, trustee in bankruptcy or similar officer is appointed to take charge of all or part of its
property; and such conditions are not cured within thirty (30) days of notice thereof from the City
to the Contractor;
for any breach of condition of the Agreement by the Contractor;
for any Act of God event which lasts longer than thirty (30) days;
for its convenience at any time without cause, penalty or damages.
In addition, the City expressly reserves all legal rights and remedies available under general laws of British
Columbia, Canada in the event of termination including the right of set off.
24.
Upon termination of this Agreement, the Contractor agrees that all files, information, data and documents
pertaining to the City’s business including any software developed in part or in whole during the
performance of the Services specifically for the City, shall remain the property of the City, and shall
promptly be delivered by the Contractor to the City’s office, and no photostatic copy, duplication or
reproduction of any kind whatsoever shall be made of such files, information, documents or software
without the express written consent of the City.
14
FUNDING
25.
Notwithstanding any other provisions of this Agreement, if funds anticipated for the continued fulfillment of
this Agreement are at any time not forthcoming or insufficient, then the City shall have the unilateral right to
terminate this Agreement without penalty by giving not less than thirty (30) days written notice documenting
the lack of funding or program change.
RELATIONSHIP OF THE PARTIES
26.
The Contractor and the City expressly acknowledge that they are independent contractors and neither an
agency, partnership nor employer-employee relationship is intended or created by this Agreement.
27.
The Contractor shall be solely responsible for all matters relating to statutory deduction of all taxes,
employment insurance and Canada Pension and all licenses and permits which may be or become required
to perform the Services.
28.
The Contractor shall be solely responsible for all matters relating to leave, remuneration, Worker's
Compensation, insurance premiums and discipline.
DISPUTES
29.
In the case of any dispute arising between the City and the Contractor, as to their respective rights and obligations
under the terms and conditions of this Agreement and subsequent documents, either party shall be entitled to give the
other written notice, within ten (10) working days of that party’s awareness of such a dispute.
CONFLICT OF INTEREST
30.
The Contractor declares that the Contractor has no financial interest, directly or indirectly, in the business
of any third party that would be or be seen to be a conflict of interest in carrying out the Services.
In the event an interest is acquired or the Contractor should be found to be in a potential conflict of interest
during the performance of the Services, the Contractor shall be required to advise and cure the conflict
forthwith to the City's satisfaction or shall be disentitled to any compensation under this Agreement.
The Contractor warrants and represents that neither it nor any person related to or affiliated with the
Contractor has any relation to or affiliation with staff of the City which may in any way be seen (in the
City’s sole and unfettered discretion) to create a potential conflict between the loyalties owed by such
faculty or staff to the City and loyalties owed directly or indirectly to the Contractor, except as disclosed by
the Contractor to the City.
FORCE MAJEURE (ACT OF GOD)
31.
Neither party shall be responsible for any delay or failure to perform its obligations under this Agreement
where such delay or failure is due to fire, flood, explosion, war, embargo, governmental action, Act of
Public Authority, Act of God, or to any other cause or similar force majeure event beyond its control,
except labour disruption.
32.
In the event force majeure occurs, the party who is delayed or fails to perform shall give prompt notice to
the other party and shall take all reasonable steps to eliminate the cause.
33.
Should the force majeure event last for longer than 30 days, the City may terminate this Agreement by
notice to the Contractor without further liability, expense or cost of any kind.
ASSIGNMENT
34.
The Contractor shall not assign (in any manner including by operation of law) or sub-contract any of its
obligations under this Agreement without the prior written consent of the City.
GOVERNING LAW
35.
This Agreement shall be governed by and construed in accordance with the laws and courts of the Province
of British Columbia and shall in all respects be treated as a British Columbia contract .
MEDIA CONTACT
36.
The prior written approval of the City is required for any news release, interview, other print/electronic
media, or trade contacts that relate to this Agreement. Such written approval is generally not given.
15
SEVERABILITY
37.
All paragraphs and covenants contained in this Agreement are severable, and in the event that any of them
shall be held to be invalid, unenforceable or void by a court of a competent jurisdiction, such paragraphs or
covenants shall be severed and the remainder of this Agreement shall remain in full force and effect.
WAIVER
38.
The City may at any time insist upon strict compliance with this Agreement regardless of past conduct or
practice with this or any other Contractor.
NOTICE
39.
All notices under this Agreement shall be in writing and shall be deemed received, if properly sent to the
addresses or emailed to the party to the addresses provided below (or to such substitute address as may by
notice have been substituted):
a.
b.
c.
By mail, on the fifth day following date of mailing; or
By registered mail, on the seventh day following date of mailing; or
By email, upon receipt of confirmation or one business day.
To the Contractor:
email:
To the City:
City of White Rock
Attn. Chris McBeath
15322 Buena Vista Avenue
White Rock, BC V4B 1K6
email:
cmcbeath@whiterockcity.ca
COMPLIANCE WITH LAWS
40.
In carrying out its obligations hereunder, the Contractor shall familiarize itself and agrees to continuously
conform to and to ensure its employees, agents and servants continuously conform to, all applicable laws,
bylaws, regulations, ordinances, codes, specifications and requirements of all regulatory authorities and
conditions, and shall obtain all necessary licences, permits and registrations as may be required by law.
41.
The Contractor shall pay and discharge all wages, fees, salaries, charges, costs and expenses due and
accruing due to any of its employees, agents, suppliers and subcontractors and shall make and remit to the
proper authorities all deductions therefrom required by law.
42.
If the City requests, the Contractor shall furnish evidence of such compliance to the City forthwith.
USE OF TRADEMARKS
43.
The Contractor acknowledges the proprietary interest of the City in all names, trademarks, crests, or logos
owned by the City and shall not use any City name, trademark, crest or logo without the written consent of
the City.
INTERPRETATION
44.
Headings are included in this Agreement for convenience of reference only and do not form part
of this Agreement.
COUNTERPARTS
45.
This Agreement may be executed in one or more counterparts, each of which will be deemed an original,
but all of which together will constitute one and the same instrument; however, this Agreement will be of
no force or effect until executed by both parties.
16
ENUREMENT
46.
The provisions of this Agreement shall enure to the benefit of and be binding upon the Contractor, the
Contractor’s heirs, executors, administrators and assigns, and the City, its successors and assigns.
NON-DISCLOSURE
47.
This Agreement is considered Confidential Information.
Indicate your acceptance of this offer by signing two copies and returning one copy of this Agreement.
AGREED AND ACCEPTED
Per City of White Rock
Contractor
Name (print)
Name (print)
Title (print)
Title (print)
Date (print)
Date (print)
NOTE:
This Agreement is not valid unless signed by an authorized signatory
17
Appendix 1: Official Community Plan – Extract Re Trees
Community Principles
A Green Community
A green community is one in which the local government, other agencies, citizens and businesses
conduct their affairs in an environmentally responsible manner, contributing to the overall environmental
quality of the community. To this end, White Rock will:




apply a triple bottom line approach to decision-making on land use, infrastructure, transportation, and
development proposals
preserve and enhance ecological systems
encourage stewardship activities
provide leadership in promoting and implementing environmentally sound practices
An Involved Community
An involved community is informed and participates in a wide range of community issues, working toward
the overall improvement of White Rock. Residents and businesses should be heard by Council on
decisions that affect them. Citizens should be involved in local area planning issues that affect their
neighbourhoods. To this end, White Rock will:


provide opportunities for involvement of residents and businesses in its civic processes
foster community pride initiatives
1.7
Conformance with Provincial Requirements
This document addresses the content requirements of the Local Government Act as specified in s. 877.
Specifically, the OCP includes the requisite statements and map designations for the planning area,
respecting the following key items:

restrictions on the use of land that is subject to hazardous conditions or that is environmentally
sensitive to development
1.8
Regional Context Statement
Consistency with Regional Plan

to protect the environment and respond to climate change impacts;
3.1 Regarding requirements to protect conservation and recreation lands, the OCP includes specific
goals and objectives for environmental responsibility for protecting Semiahmoo Bay and green
spaces as exceptional natural resources that provide top recreational and tourism opportunities and
contribute to quality of life, as outlined in sub-sections 4.2.1 to 4.2.22 of the OCP. These policies
include protecting water resources, healthy mature trees, …
3.2 Regarding requirements to protect and enhance natural features and their connectivity, the OCP
includes residential infill policies which require the retention of special site features, significant stands
of trees and landscaping, and view corridors. It also seeks to provide accessibility or pedestrian
connection to adjacent pedestrian networks and natural areas (OCP sub-section 5.2.11). Map 1.3
identifies the Conservation and Recreation Area designations, within which the City’s ocean side
promenade is located to connect to the Metro Vancouver Regional Recreation Greenway Network, as
per RGS 3.2.5. Otherwise, the City’s OCP policies, sub-sections 4.2.1 to 4.2.24, speak to the
requirements of RGS 3.2.6 and 3.2.7.
3.3 Regarding land use and transportation infrastructure to reduce energy consumption and greenhouse
gas emissions, and improve air quality, the OCP includes policies intended to accommodate the
majority of future growth within the Town Centre and increasing connectivity and access to public
spaces (section 3.1). Other policies support sustainable growth through high performance green
buildings (OCP sub-section 5.2.9) and seek to retain mature trees and provide for succession
planting of the tree canopy (OCP sub-section 4.2.22, and sub-sections 8.2.1 to 8.2.4).
18
3.4.8 The City will encourage the preservation of significant stands of trees and the creation of open
spaces by considering alternative building forms and density transfer/bonus through mechanisms
such as the City’s Density Bonus Policy.
4.
Environment
4.1
Overview
Careful planning and thoughtful decision-making in all aspects of the City's operations and activities will
play a critical role in creating an environmentally sound community. The City will be guided by the policy
direction provided in this OCP, but also, upon adoption White Rock’s Environmental Strategic Plan.
Partnerships between the City and other orders of government and stakeholder agencies will be
important aspects of planning and realizing a sustainable future. Active citizen engagement in
stewardship, education and promotion activities will also play a crucial role.
Overall Goal
To ensure the preservation, protection and enhancement of the City’s natural environment. The goal
is also to:

preserve and protect mature, healthy trees in the community, including those trees in the identified
Significant Stands of Trees and Ravine Land Areas
To support the use of native plant materials.
4.2.15 The City will encourage the use of native plant materials and the use of naturescape principles for
all landscaping initiatives on City owned properties and all other development with a view to
increasing biodiversity. All development proposals subject to Development Permit Area
provisions (Appendix A, Schedule D) will be required to demonstrate how they have incorporated
naturescape principles in their proposed landscaping.
To Preserve and Protect Mature, Healthy Trees
4.2.22 The City will seek to preserve and protect mature, healthy trees throughout the City, including the
identified Ravine Lands and lands with Significant Stands of Trees, by requiring the preservation
of mature, healthy trees as a primary objective on redevelopment sites, and by establishing the
identified Ravine Lands and lands with Significant Stands of Trees as designated development
permit areas. The intent is to ensure that mature, healthy trees are not cut or damaged to
accommodate development projects; rather, that development projects are encouraged to design
their projects with the specific intent of preserving and protecting healthy and mature trees on the
development site.
5.2.11 On all development proposals for rezoning, development permit and subdivision, the City will
consider the following:

The retention of special site features, significant stands of trees, mature landscaping, and view
corridors;
5.2.13 Redevelopment proposals in the Everall Neighbourhood Area shall be site-specifically zoned to
ensure that permitted densities are a function of the specific characteristics of the site, the efforts
and opportunities to preserve existing mature trees, and how proposals fit into the overall
character of the area. Other zone provisions such as building heights, lot coverage requirements
and property line setbacks will also be a function of the merits of each site, with the overall
objective of retaining as many mature trees as possible. Succession planning for trees will also
be an important consideration, to seek a balance between preserving existing mature trees and
the planting of new trees. Over time, new trees will mature and replace the older trees, thereby
ensuring the continuity of the tree canopy.
19
8.0
Waterfront, Parks & Open Space
8.2
Goals and Policies
The following waterfront, parks and open spaces goals and policies are founded on the principles detailed
in Section 1.4 Community Vision and Section 1.5 Community Principles. They support White Rock’s
vision of a community that has a spectacular and unique sense of place – a beautiful city - that is
attributed to special places, safe neighbourhoods, a seaside location and aesthetic charm. The goals and
policies contribute to environmental protection, thus supporting the community’s strong commitment to
environmental protection.
Overall Goal
The waterfront, parks and open spaces will be sensitively managed to ensure their protection and
enhance their value as locally and regionally significant economic, environmental, social, cultural and
recreational resources.
8.2.8 The City will consider the impact of new development on public views through the development
approval process to retain waterfront and ocean vistas. The Tree Management Bylaw will be
adhered to such that the protection of views does not adversely impact tree retention.
10.2
Overall Goal
To protect natural and built heritage, preserve artifact and archival collections, enhance the arts
community and celebrate White Rock’s diverse history and culture.
Development Permit Guidelines applicable to all DP areas
The following guidelines are applicable to all Development Permit Areas:
1.
a)
Form and Character
Building design should take into consideration the surrounding physical environment and the
character, scale and form of other nearby buildings. The preservation of mature, healthy trees
shall be a primary objective prior to the establishment of the building envelope area.
Landscaping
a)
Applicants will be required to submit a site assessment report by a certified arborist to identify all
mature, healthy trees, with the objective of preserving as many mature, healthy trees as possible
and incorporating them into the overall landscape plan.
Item 3 a) Above Included – Bylaw 1892, 2009 – Oct 5/09
b)
c)
d)
e)
Maximize the amount of landscaped areas on the site and minimize hard impervious surfaces.
Identify, preserve and incorporate stands of healthy, non-hazardous mature trees into the overall
landscape design.
Consider maximizing use of native species and species requiring minimal irrigation. Select trees
that will not adversely impact sunlight penetration to open spaces when mature, or create
significant blockage of views.
Introduce a variety of plant materials, including deciduous and coniferous trees, shrubs and
ground covers in yards and outdoor open spaces. Emphasize use of native and drought
resistant species suitable to the site growing conditions.
Town Centre
4.
Landscaping
Provide street trees, landscaping, ornamental street lamps, street furniture and decorative street calming
elements where appropriate.
Neighbourhood Commercial Landscaping should reinforce design continuity with neighbouring properties
and the streetscape by providing consistency in street trees, plant materials and other landscaping
elements.
20
Waterfront Apartment Area
Significant existing trees should be retained in any redevelopment and new landscaping should
complement and enhance landscaping on adjacent properties.
East Side Large Lot Infill Area - Landscaping
a)
The retention and protection of existing mature trees is required, wherein projects should be
designed with consideration to retain and protect as many mature trees as possible.
Environmental Development Permit Area Guidelines
Pursuant to Section 919.1 (1) (a) and (b) of the Local Government Act, the lands identified on Schedule
H, Environmental Development Permit Areas are designated as Development Permit Areas.
These areas are identified as follows:
i)
floodplain areas
ii)
areas within the Riparian Assessment Area of an identified watercourse and associated
drainage in accordance with the Riparian Areas Regulation
iii)
areas identified as Ravine Lands and lands having Significant Stands of Trees
Exemptions:
The following activities occurring in an Environmental Development Permit Area shall be exempt from the
development permit application process:
1) Emergencies – all actions to resolve emergency situation must be reported to the Municipal
Operations and Development Services departments, and the appropriate Federal / Provincial
authorities immediately. Procedures to prevent, control or reduce flooding, erosion or other
immediate threats to life, public or private property, do not require a City of White Rock
development permit, including:
a.
Emergency actions for flood protection, erosion protection and clearing of obstructions;
b.
Emergency works to prevent, repair or replace public utilities;
c.
Clearing of an obstruction from a culvert or drainage flow;
d.
Repairs to safety fences;
e.
Hazardous trees – actions required to completely or partially remove a hazardous
condition caused by a tree that presents a danger to the safety of persons or are likely to
damage public or private property, as determined by a qualified environmental
professional (QEP). The City of White Rock will require a tree cutting permit be applied
for prior to removal in areas identified as having a significant stand of trees or as ravine
lands.
2)
Public Works & Services – the construction, repair and maintenance of works by the City or its
authorized agents and contractors are exempt from the formal development approval process,
but, for Riparian Assessment Areas, only when the works are completed in accordance with the
assessments and recommendations of a QEP in accordance with the Riparian Areas Regulation
assessments.
3)
Re-establishment of the setback area by planting vegetation in Riparian Assessment Areas.
4)
Removal of invasive non-native vegetation does not require a development permit provided that a
streamside management plan prepared by a QEP is submitted to the City of White Rock and that
replanting is provided i.e. in Riparian Assessment Areas.
5)
Existing approved developments, including previously approved development permits or
variances still in effect that were approved prior to adoption of these policies. Modifications to
these permits or variances may necessitate re-application.
Development Permit Guidelines for Ravine Lands and lands with Significant Stand of Trees:
The purpose of designating these areas as Development Permit Areas is to ensure the protection of
healthy, mature stands of trees which are recognized for the important function they serve for the local
eco-system. It is also intended to ensure that the City has the information necessary to evaluate
proposals and establish conditions on development in order to preserve and protect the ravine lands and
the significant stands of healthy, mature trees.
21
Development within the areas identified as ‘ravine lands’ and lands with ‘significant stand of trees’ on
Schedule H, Environmental Development Permit Areas shall be in accordance with the following
guidelines:
1. The City will require the submission of a tree protection plan prepared by a certified arborist,
including a tree survey and tree protection / replacement plan. Retention of mature, healthy trees
as well as native vegetation and ground cover shall be included for these areas.
2. Applicants will be required to submit “construction management” and “sediment control” plans to
ensure protection of these areas during the construction process.
3. Where feasible, lot clustering is encouraged to preserve existing mature trees.
4. Buildings should be sited with the aim to preserve healthy, mature trees on the site. To do so,
building footprint should be kept to a minimum and, if necessary, broken into smaller accessory
buildings to allow greater flexibility in terms of siting. No tree cutting permits will be authorized
until the building envelope area has been agreed to by way of approval of a development permit.
5. Council may, as part of a development permit, vary the property line setback or building height
requirements of the Zoning Bylaw where it can be demonstrated that such variance is needed to
facilitate the development proposal while attempting to satisfy the objective of preserving as many
mature, healthy trees as possible on the site.
6. A Tree Cutting Permit, in accordance with the City’s Tree Management Bylaw, will be required for
any tree to be removed in this area. The City will require bonding to secure the protection of
existing trees and the provision replacement trees as determined by the Parks Manager.
7. Landscaping should be selected to compliment mature, healthy trees that will remain on the site.
Innovative site designs which are in harmony with existing healthy, mature trees and other natural
features are encouraged. Building profiles should follow the natural topography of the site with as
little change as possible to accommodate construction.
8. In areas identified as ‘ravine lands’ on Schedule H, Environmental Development Permit Areas,
certification from a professional engineer or geoscientist experienced in geotechnical engineering
indicating that the land may be used safely for the use intended will be required and may
necessitate the registration of a restrictive covenant pursuant to Section 219 of the Land Title Act.
9. The City may require the submission of a plan detailing satisfactory building envelopes exclusive
of and setback requirements or existing / proposed rights-of-way, easements and restrictive
covenants. The results of this plan may necessitate the registration of a restrictive covenant
pursuant to Section 219 of the Land Title Act.
22
Appendix 2: Environmental Strategic Plan – Extract re Trees, Rainwater Management and Wildlife
Habitat Protection and Enhancement (2008)
Quality of life in the City of White Rock is affected by human activities on the land. Forested areas provide
habitat for wildlife and corridors that enable animals to move from one area to another. The urban tree
canopy, which includes native and introduced trees, provides many benefits. In addition to providing
wildlife habitat, trees help to purify air and water, absorb rainfall and add greatly to the aesthetics and
property values in the City.
1.2 Objective 2: Manage Rainwater Runoff and Sanitary Infrastructure Appropriately
Rainwater runoff and its associated problems can be managed more effectively by increasing the natural
infiltration of rain. In the Lower Mainland, this is done through Integrated Rainwater Management Plans
that link land use planning with infrastructure needs and protection of aquatic habitat. Low Impact
Development strategies and Best Management Practices to increase natural infiltration of rain include
maintaining deep layers of good quality soils and planting vegetation to help absorb water, purify it and
release it slowly.
2.1 Objective 4: Protect Wildlife Habitat
White Rock is home to many species of birds, marine life and wildlife such as deer, rabbits, raccoons and
coyotes. Natural, park and upland ravine areas also provide habitat and migration corridors for birds and
wildlife. Maintaining a diversity of native plant species and habitat types is essential for maintaining
wildlife populations and facilitating their movement through and beyond White Rock.
2.2 Objective 5: Protect and Enhance the Tree Canopy
Trees are an important part of a healthy urban centre and provide many community assets. They take up
carbon dioxide (a greenhouse gas), give off oxygen and help purify the air, provide habitat and food for
birds and wildlife and, by taking up large quantities of water, contribute to rainwater management. Trees
also contribute to neighbourhood aesthetics, create privacy, act as a sound barrier, offer protection from
the sun and wind and provide stability to soils and slopes through their extensive root systems. Properly
maintained dead trees can provide wildlife habitat and protection against erosion, although dead trees
that present hazards should be removed.
The City of White Rock values its mature tree canopy cover for its ecological function, aesthetics and
economic aspects and is developing a bylaw to protect trees on public land, which may be extended to
apply to private lands. This Tree Management Bylaw will include a permit process for removal of trees
and a dispute resolution mechanism.
Concerns and issues with trees on private property in White Rock are associated with planting unsuitable
trees for the space available and maintenance practices that stress the trees (topping, severe pruning,
removal). Additional pruning or removal of trees is often done to maintain or create ocean views, to
accommodate electricity wires or maintain sight lines at intersections or to make way for new
development. Many problems can be avoided when residents are advised on selection and care of tree
species suitable to the intended space.
23
Goals to protect and enhance the tree canopy are provided in Table 5.
Table 5: Goals to Protect and Enhance the Tree Canopy Goals
Conserve healthy trees on public and private land and increase the amount of tree
canopy
Implementation
Adopting the Tree Management Bylaw (Objective 5)
Goal
5–1 Conserve
healthy trees on
public and
private land,
and increase
the amount of
tree canopy
Measureable
parameter
Number of permit
violations of Tree
Management
Bylaw
% tree cover in
City over time
Status of tree
inventory
Number of new
trees planted
Number of trees
topped in City
Action Item
Category
a. Adopt the Tree Management
Bylaw and ensure adequate
resources and staffing to enforce it
(permits, penalties, development
issues, criteria for trees to be
protected, replacement trees)
b. Analyze urban tree canopy using
existing aerial photos with GIS
technology
c. Work with Communities in Bloom
committee to create a guide and
map to beautiful trees of White Rock
d. Develop supporting information
for the Tree Management Bylaw by:
creating an inventory of valued and
heritage trees in the city (encourage
residents to register their trees);
investigating ways to list trees on
private land and ensure they are
retained when owners change (e.g.,
register on property title); providing
a list of suitable trees for residential
lots, steep slopes, and view
maintenance, including native
British Columbia trees, and those
discouraged because of their
invasive nature; providing
alternative pruning methods to avoid
tree topping; promoting awareness
of and pride in trees (e.g., treeplanting program, Arbor Day, Earth
Day, recognition for residents with
valued trees).
24
Timeline
1
Relative
Cost
$$
Appendix 3: Policy 611: Tree Management On City Lands
Date of Council Adoption: June 28, 2010
Date last reviewed: January 9, 2012
Council Resolution Number: 2012-008
Originating Department: Engineering and Operations
Date of Last Amendment: January 9, 2012
1. Policy
It is the policy of the City of White Rock to manage, preserve and enhance trees on City lands while
taking into consideration established views from White Rock properties and scenic views in the City. The
long-term objective is ensure the sustainability of the City’s urban forest assets by increasing the number
of healthy trees and amount of tree canopy in the City, without negatively impacting established views
that are important to City of White Rock property owners and the City.
2. Definitions
City Land - includes City property, City Parkland, public rights-of-way and easements, and property under
lease to the City of White Rock.
City Parkland – means Bryant Park, Columbia & Balsam Hillside Park, Coldicutt Park, Memorial Park,
Bayview Park, Oxford Street Park, Gage Park, Stager Park, Emerson Park, Upper Finlay (Davey) Park,
Lower Finlay Park, Dolphin/Cliff Park, Five Corners Park, Ash Street Steps Park, Barge Park, Bergstrom
Entrance Park, Hughes Park, Marine Drive Linear Park, Maccaud Park, Marine & Cypress Hillside Park,
Prospect & Blackwood Hillside Park, Sanford Park, Stayte Road Entrance Park, Hodgson Park, Gogg’s
Park, Totem Park, Peace Arch Elementary Park, Rotary Park, Vidal & Beachview Park.
City Tree – a living, woody plant with roots and branches that has a trunk DBH greater than 6
centimeters.
DBH (Diameter at Breast Height) - means the diameter of the trunk of a tree at 1.4 metres above the base
of a tree. For multi-trunk trees, each trunk shall be measured 1.4 metres above the highest point of the
natural grade of the ground measured from grade and the DBH of the tree shall equal the cumulative total
of the three largest trunks.
Hazardous Tree - means a tree identified in writing by a Certified Tree Risk Assessor as having significant
structural defects and an extreme hazard risk which could lead to part or the entire tree falling and
causing personal injury or significant property damage.
Significant Tree – means any tree on City land that is of particular significance to the City, due to
landmark value, cultural, historical, ecological or social import and has been included in the Significant
Tree Registry of the Significant Tree Policy.
Tree Topping – means an inappropriate pruning technique to remove the top portion of a tree’s main
leader(s), resulting in an overall reduction in the tree's height, size and potential health or life expectancy.
View/View Corridor - A three dimensional area extending out from a viewpoint. The width and depth of the
view corridor depends on the focus of the view. The focus of the view may be a single object, such as a
mountain, which would result in a relatively narrow corridor, or a group of objects, such as a downtown
skyline, which would result in a wide corridor. Panoramic views, such as areas of ocean, have wider
corridors.
3. Management of City Trees
a) The City manages trees on City lands:
1. for the trimming and removal of trees for health reasons, such as thinning, spacing, pruning and
treatment of diseased trees;
2. for the trimming, pruning or removal of trees for safety reasons such as hazardous, dead or
diseased trees that cannot be treated;
25
3. for the trimming or removal of trees and vegetation that interfere with visibility at intersections
and driveway entrances, the illumination of City lands by street lighting, or pose a risk for
damage to infrastructure such as water, sanitary, storm, sidewalks, power lines, etc.;
4. for the control of invasive species;
5. for the maintenance of views from City viewpoints;
6. for the maintenance of slope stability and other geotechnical purposes;
7. for the planting of replacement and new trees; and
8. for the removal and replanting of trees as part of a parks or right-of-way (ROW) redevelopment
plan.
b) The pruning or removal of a City tree is the sole responsibility of the City of White Rock and its
authorized agents. The pruning or removal of a City tree without a City permit is subject to fines as
detailed in Section 9 of this Policy.
c) The planting of trees, shrubs or other vegetation on City lands by White Rock property owners,
residents or visitors is prohibited, unless authorized by a City Boulevard Improvement Permit. The City
reserves the right to remove vegetation that has been planted on City property without a permit.
d) Trees are considered to be joint property of the City and a property owner when any part of the tree
trunk crosses a shared property line.
4.
Exemptions
This policy does not apply to trees on City lands that are cut, removed or damaged, pursuant to the
Railway Safety Act, R.S. 1985, c. 32 (4th Supp.), the Hydro and Power Authority Act, R.S.B.C. 1996, c.
212 or the Pipeline Act, R.S.B.C. 1996, c. 364.
5.
Refusal of Requests to Prune or Remove Trees on City Land
The following types of requests to remove a tree on City land will not be considered:
a) A tree will not be pruned or removed from City lands due to concerns related to size, shade or leaf,
flower, pitch or seed litter. These are naturally occurring situations inherent to a tree and will not be
considered as justification for tree pruning or removal.
b) A tree will not be pruned or removed from City lands:
i) during bird nesting season from February 1 to August 31,
ii) which has evidence of active nesting, or
iii) has evidence of use by raptors, as defined in the Section 34 of the Wildlife Act, R.S.B.C. 1996, c.
488.
c) A significant tree on City lands will not be pruned or removed.
d) A tree on City parkland will not be pruned or removed.
e) A tree in a City ravine area will not be pruned or removed in contradiction to the federal Fisheries Act
and the provincial Riparian Areas Regulations.
f) A tree will not be pruned or removed from City lands to establish a new view.
g) A tree on City land will not be topped. The topping of a tree can cause permanent damage by
promoting decay as well as leading to hazardous conditions due to unnatural, dense and weak
branching structure. Previously topped trees may be considered for re-topping, provided that the retopping, in the opinion of the City Arborist, will not result in future hazardous conditions for the tree.
6.
Applications to Permit the Pruning or Removal of a Tree on City Lands
a) City policy is to retain trees on City lands where practical. However, residents may apply for the
trimming, pruning or removal of trees on City lands as outlined below. (Application FormAppendix A)
b) Applications are made to the City’s Department of Engineering and Municipal Operations.
26
c)
The pruning or removal of a healthy tree on City land is a private benefit to the property owner.
All costs necessary for the approved pruning or removal of a tree on City land, as determined by
the Director of Engineering and Municipal Operations, will be at the expense of the applicant.
d) Applications to trim, prune or remove a tree on City land to re-establish a view will be considered
only in those instances in which a White Rock property owner is able to clearly demonstrate that
a City tree has grown over a period of time to obscure an established view from their White Rock
property.
6.1 Applicant Requirements
a) Applicants must be an owner of a property in White Rock within 30 metres of the tree under
application.
b) Applicants must have owned the property for which the application has been made for a
continuous period of not less than 2 years.
c) No more than 1 application to prune or remove a specific tree(s) will be considered from a the
same property owner within a 2 year period.
6.2 Application Submission Requirements
a) Completed tree trimming/pruning/removal application.
b) Written rationale describing the manner in which a view has been obscured by tree growth, and
the manner in which the applicant wishes to have the tree pruned or removed in order to reestablish a view.
c) Non-refundable $150 fee.
d) Property title demonstrating 2 years of continuous property ownership prior to the date of
application.
e) Photographic and/or graphic information that clearly demonstrates the manner in which a view
has become obscured by tree growth. City staff may require a site visit to substantiate the
information submitted. Refusal to allow City staff to access a property may result in the closing of
the application.
f) Funds for geotechnical/hydrological assessments, as deemed necessary by the Director of
Engineering & Municipal Operations in order to review the application.
6.3 Notification Prior to Decision
The City will provide notification as follows:
a) The City will mail letters, with an attached response form, to all White Rock property owners
within 30 metres of the tree under application, notifying the property owners of the application, the
rationale provided for tree pruning or removal, providing a recent photograph of the tree, and
requesting that the White Rock property owners complete the response form and submit it to the
Engineering and Municipal Operations Department, indicating either support or opposition to the
application.
b) Response forms indicating support or opposition to the proposed tree pruning or removal are to
be received within 2 weeks of the letter delivery. Any response forms received after this time
period will not be considered.
6.4 Criteria for Decision
a) The tree under application must be clearly demonstrated to have increased in size to obscure an
established view from the application property, as determined by the Director of Engineering and
Municipal Operations.
b) 65% of the response forms received by the Engineering and Municipal Operations Department
from White Rock property owners within 30 metres of the tree must indicate support for the
proposed tree pruning or removal. A maximum of one property owner response form will be
considered from each White Rock address. Only response forms clearly indicating support or
opposition to the proposed tree pruning or removal will be considered. Responses or surveys
submitted on behalf of nearby property owners or residents will not be considered.
27
6.5 Application Approval Requirements
a) Submission of funds for retaining systems and hydrological improvements, as determined by the
Director of Engineering & Municipal Operations.
b) Submission of tree pruning, tree removal and cleanup costs.
c) Submission of funds for tree replacement, as follows:
(a) 6 – 50 cm DBH tree removed - $2,000
(b) 51 cm to 65 cm DBH tree removed - $9,000
(c) 66 cm to 75 cm DBH tree - $12,000
(d) 76 cm to 85 cm DBH - $15,000
(e) Greater than 85 cm DBH tree - $18,000
6.6 Application Decision
a) The approval or denial of an application to prune or remove a tree on City lands will be made by
the Director of Engineering & Municipal Operations, whose decision is final.
b) A final decision on an application to prune or remove a tree on City lands will be provided in a
timely manner, and in any case within 60 days of the date of application, unless extended by
mutual agreement between the applicant and the Director of Engineering and Municipal
Operations.
c) Written confirmation of the decision will be provided to the applicant, all White Rock property
owners within 30 metres of the tree, and Council.
7. Tree Pruning, Removal and Planting
a) All tree pruning, removal and replacement resulting from an approved application to prune or
remove a tree on City lands will be conducted by City staff and/or their designated agents.
b) A minimum of 2 trees will be planted on City property as replacements for each tree removed as
a result of an approved tree removal application, except as detailed in the following sections c)
and d).
c) Securities submitted for tree replacement may be applied to the installation of any form of
vegetation, including trees, on City lands, as determined by the Director of Engineering &
Municipal Operations.
d) Trees planted as new or replacement trees will be sited and of a species such that they will not
grow to obscure established views from White Rock properties.
8. Trees on City Lands Impacted by Development
Requests to prune or remove City trees that are the result of applications for rezoning, development
permit, demolition permit, building permit, or subdivision of properties within 30 metres of the tree will be
reviewed as Type 3 requests under Tree Management Bylaw No. 1831, in conjunction with the
development proposal and forwarded to Council for decision simultaneous with the development
proposal. Application fees, securities, proposals for cash-in-lieu, replacement trees, tree protection, and
inspection and assessment shall be as outlined in Parts 7 to 10 of Bylaw No. 1831.
9. Fines
Any person who willfully prunes, damages or removes a tree from City lands is guilty of an offense and is
liable to the fines and penalties as set forth in the City of White Rock Ticketing for Bylaw Offences Bylaw,
2011, No. 1929, as amended, and any penalties imposed by the Offense Act R. S. B. C. 1996, C. 338.
(SCHEDULE B1 - Building Bylaw, 2011, No. 1928 (amended by Bylaw 1960) Sec. 41
st
nd
Cuts, destroys, damages or removes any tree in the ROW - $500 for 1 offense; $1,000 for 2 or
subsequent offense)
28
Appendix 4: Tree Management Bylaw
THE CORPORATION OF THE
CITY OF WHITE ROCK
BYLAW 1831
A Bylaw to regulate and prohibit the cutting, removal and damage of trees, the setting of
fees and issuance of permits for the same and the requirement for replacement trees and of
security for their provision and maintenance.
White Rock Tree Management Bylaw
________________________________________
WHEREAS pursuant to Sections 8(3)(c) and 50 to 52 of the Community Charter, a city may, by
bylaw, exercise certain powers to preserve and protect trees within the city, regulate the removal
of trees and require their replacement;
AND WHEREAS trees provide an essential environmental function contributing to a clean air
environment as well as providing habitat for birds and wildlife;
AND WHEREAS Council considers it is in the public interest to provide for the conservation
and propagation of trees, and the regulation of their removal and replacement;
Under its statutory powers, including Sections 8(3)(c) and 50 to 52 of the Community Charter,
the Council of the Corporation of the City of White Rock, in open meeting assembled, enacts the
following provisions:
Part 1 –Introductory Provisions
Title
1.
This Bylaw may be cited as “White Rock Tree Management Bylaw, 2008 No. 1831.”
Purpose
1.
This By-law is intended to:
(a)
Prohibit the removal of protected trees in the City of White Rock without a permit
on all lands in the designated areas as shown on Schedule “B”;
(b)
Prohibit the damaging of protected trees;
(c)
Regulate and establish requirements for the removal, preservation, protection and
replacement of protected trees through a permit process; and,
(d)
Set forth inspection and enforcement provisions for protected tree conservation,
removal and replacement, and penalties for damaging or removing protected trees
without a permit.
29
Definitions
1.
In this Bylaw,
“arborist” or “Project Arborist”
means a person who is:
(a)
a Certified Arborist by the International Society of Arboriculture, or a
PNW ISA, WCB Certified Tree Risk Assessor; or,
(b)
A Registered member of the Association of BC Forest Professionals,
preferably with a specialization in urban forestry.
"caliper"
means the trunk size of a deciduous replacement tree. Deciduous replacement
trees with trunk diameter measurements less than 10 cm are measured at 15 cm
above base. Deciduous replacement trees with trunk diameter measurements equal
to or greater than 10 cm are measured at 30 cm above base.
“City”
means the Corporation of the City of White Rock.
“City Arborist”
means a person retained and / or designated by the City as the City’s arborist.
“City-Owned Properties”
means all properties owned by the City of White Rock as generally shown on
Schedule “B”, plus all road rights-of-way and dedications under jurisdiction of the
City of White Rock.
“coordinated site development plan (CSDP)”
means a site development plan for a proposed project that has been coordinated
with all project consultants and reviewed, approved and signed by the owner (or
authorized agent), project Architect, Landscape Architect, Project Arborist, and
Builder (the “Project Team”), where appropriate.
The CSDP may be in the form of plans, text and graphics. The purpose of the
CSDP is to clearly indicate all site works proposed within the critical root zone of
all on-site and off-site protected trees, the proposed methods for tree protection
during the site development and construction processes, post-construction tree
maintenance, and recommendations for tree replacement and protected tree
securities. The CSDP is to include the results of the tree survey, tree assessment
report, tree protection plan, information from civil engineering and geotechnical
reports, and landscape design and architectural conceptual designs.
The CSDP must clearly indicate the location, size, species, health and general
characteristics of protected trees proposed for preservation and removal, the site
grading before and after development, approximate finished floor elevations,
conceptual building footprints and projections/overhangs of proposed structures,
the alignment, depth and method of installation of site services (sewer, water,
storm, electrical, hydro/telephone/cable) and location of service kiosks, sumps,
poles and utility rooms, driveways, sidewalks and retaining systems, and
temporary and permanent on-site storm water drainage, detention and siltation
control systems.
The CSDP must include a statement from the owner (or authorized agent) and
project team that every effort has been made to preserve all protected trees on the
30
site and adjacent properties, that any proposal for the removal of protected trees is
solely the result of geotechnical, civil or building design restrictions, construction
methods, zoning provisions and restrictions, or other City or utility company
requirements, and that all approved pruning, root cutting, tree removal, and
excavation within the critical root zone of a protected tree will be conducted
under the direction of the project arborist.
The CSDP must include a letter of commitment from the Project Arborist that
they shall monitor construction activities in the vicinity of protected trees during
critical phases of development. As well, the Project Arborist shall inspect site
conditions, the preservation trees and the barrier fences on a regular basis. The
project arborist shall submit a progress report to the City at least once every
month during the course of site development and construction confirming that
they have visited the project site to ensure the maintenance of tree protection
barriers.
The CSDP must also include a statement that the CSDP is an accurate and
complete representation of existing, site development and construction phase, and
post development project and site conditions as they relate to protected tree
preservation, protection, replacement and maintenance.
“Council”
means the municipal Council of the Corporation of the City of White
Rock.
“critical root zone”
means the area of land surrounding the trunk of a tree contained within a circle of
radius equal to the DBH of the tree multiplied by 6, or one meter beyond the drip
line of the tree, which ever is the greater distance.
“cut”
means to cut down a tree and shall include to pull up, push or pull over or
otherwise fall a tree.
“damage”
means any action which will cause a tree to die or to decline, including, but not
limited to: girdling, ringing, removing bark from a tree, dent, gouge, puncture or
damage a tree trunk, poisoning, burning, undermining structural roots within the
critical root zone, excessive pruning, excessive crown lifting, topping, or pruning
in a manner not in accordance with the most recent edition of the “American
National Standards Institute Publication A300” and the most recent edition of the
companion publication “Best Management Practices – Tree Pruning”, published
by the International Society of Arboriculture.
“diameter at breast height” (DBH)
means the diameter of the trunk of a tree at 1.4 metres above the base of a tree.
For multi-trunk trees, each trunk shall be measured 1.4 metres above the highest
point of the natural grade of the ground measured from grade and the DBH of the
tree shall equal the cumulative total of the three largest trunks.
“Director of Planning and Development Services”
means the person appointed by Council as the Director of Planning and
Development Services or the duly authorized designate.
31
“drip line”
means a circle on the ground around the trunk of a tree, the radius of which is the
distance between the outermost twigs of the tree and the centre point of the trunk,
or its vertical extension.
“Ecosystem Enhancement Areas”
means those properties identified on Schedule “B” where the City has targeted
areas of natural drainage and or sloped areas with a need to preserve or enhance
the tree canopy to protect soils, minimize erosion and reduce greenhouse gases in
conjunction with the Integrated Storm Water Protection and the Climate Action
Plans.
“engineer”
means a person registered as a Professional Engineer (P. Eng.) to practice as such
pursuant to the provisions of the Engineers and Geoscientists Act, R.S.B.C. 1996,
c. 116, as amended.
“hazardous tree”
means a tree identified in writing by a Certified Tree Risk Assessor as having
significant structural defects and an extreme hazard risk which could lead to part
or all of the tree falling and causing personal injury or significant property
damage.
“heritage tree”
means a tree that is of cultural or historical value to the City and that has been
designated as a heritage tree.
“live crown ratio”
means the height of the part of a tree with live branches divided by the total height
of the tree.
“lot”
means land designated as a separate and distinct parcel on a legally
recorded subdivision plan or description filed in the records of the
New Westminster Land Titles Office.
“natural causes”
means death or decline of a tree as a result of natural diseases, pests, climactic,
hydrological and geotechnical conditions, inherent structural defects or ageing.
“Official Community Plan”
means the Official Community Plan of the City of White Rock, No. 1837, as may
be amended or replaced from time to time.
"off-site tree"
means a tree of any size planted either on the property line or on neighbouring
properties.
"on-site tree"
means a protected tree located within the boundary of the property.
32
“owner”
means the registered owner in fee simple of a lot upon which a tree is
located; or their authorized agent.
“protected tree”
means:
(a)
a woody plant with roots and branches that has a trunk DBH greater than
30 centimeters, or has a combined DBH of its three largest trunks greater
than 30 centimeters;
(b)
a replacement tree or a tree planted or retained as a requirement of a tree
management permit;
(c)
a heritage tree
(d)
a specimen tree
(e)
a tree with evidence of nesting or use by:
(i)
raptors as defined in the Wildlife Act, R.S.B.C. 1996, c. 488, or
(ii)
the nest of an eagle, peregrine falcon, gyrfalcon, osprey, heron or
burrowing owl, or
(f)
the following tree species of any size:
(i)
Arbutus (Arbutus menziesii),
(ii)
Garry Oak (Quercus garryana),
(iii)Pacific Dogwood (Cornus nutalii).
“Ravine Lands”
means the lands identified on Schedule “B”.
“replacement tree”
means a tree required in accordance with this Bylaw, to replace a tree cut,
removed or damaged.
“replacement tree report”
means a document prepared by an arborist or a landscape architect indicating the
subject lot address, location, size and species of replacement trees that have been
planted on the lot.
The document must include a scaled drawing illustrating the location, size and
species of each replacement tree in relation to the property lines and footprints of
all structures and driveways on the lot.
The report must include a statement confirming that the replacement trees have
been planted according to the provisions and requirements of this By-law. The
document must be signed and dated by the arborist.
“remove”
means to cut a tree and/or to remove it from the lot where it exists, or the
elimination of any tree from its present location.
“Significant Stand of Trees”
means the lands identified on Schedule “B”.
“specimen tree”
means a large and mature deciduous or coniferous tree with a trunk DBH greater
than 50 cm or that has a combined DBH of its 3 largest trunks greater than 50 cm
and a life expectancy of more than 10 years, or a native flowering or ornamental
33
tree with a trunk DBH greater than 30 cm or that has a combined DBH of its 3
largest trunks greater than 30 cm and a life expectancy of more than 10 years.
"structural root"
means large, woody, tree roots that anchor and support the trunk and crown; roots
characterized by secondary thickening and relatively large diameter (greater than
2 cm diameter) giving form to the root system and functioning in anchorage and
support.
“tree assessment report”
means a report prepared by an arborist, that documents the size, location, species,
extent of canopy/critical root zone, health, and at least one photograph of each
protected tree on a lot or adjacent thereto, that is proposed for removal or
retention. The nature and urgency of removal of a hazardous protected tree,
examines all treatments available for diseased protected trees proposed for
removal, confirms that a dead protected tree proposed for removal is dead, and
indicates whether a protected tree proposed for removal is a specimen or heritage
tree, or a replacement tree from previous tree replacement. If a protected tree
proposed for removal is a member of a stand of trees, the report must comment on
the impact of tree removal on the health of the remaining trees in the stand.
The report must include a plan indicating the relationship of protected trees
proposed for removal or preservation, and proposed replacement trees, to current
and proposed building footprints and property lines.
The report must include recommendations for the preservation, removal and
planting of trees on a lot and off-site, including replacement tree size and species,
the protection of retained trees during site development and building
construction/demolition, protected tree maintenance security, security for
replacement tree planting during site development and building
construction/demolition, or a proposal for cash-in-lieu of replacement tree
planting.
A report remains valid for six months from the date it is signed and dated by the
arborist, and must be reviewed and re-signed by the arborist prior to the end of
each six month period for it to remain valid, and must immediately be resubmitted
to the City.
“tree management permit”
means the written authority granted by the City pursuant to Parts 6 and 7 of this
By-law for the cutting or removal of a protected tree, or the pruning or removal of
a structural root within the critical root zone of a protected tree.
“tree protection barrier”
means a barrier constructed around a tree in accordance with the most current
requirements of the City to protect the tree from damage during site work or
construction. The tree protection barrier shall be constructed in accordance to
Schedule A, or one meter outside the drip line of the tree.
“tree protection zone”
means the area within a tree protection barrier.
34
“tree protection plan”
means a document prepared by an arborist with recommendations for the
protection and maintenance for all on-site and off-site protected trees on a lot and
adjacent thereto, during and after the land development and construction of a
project on that lot.
“tree replacement plan”
means a plan prepared by the project arborist that illustrates the location, size and
species of all trees that have been planted as replacement trees on a lot or property
adjacent thereto.
“tree survey”
means a survey plan prepared by a BC Land Surveyor that illustrates the tree
number and location, size and species of all protected on-site trees and off-site
trees within 4 meters of the property line on adjacent lots or rights-of-ways in
relation to the property lines of a lot. The tree survey shall also show the drip line
of each tree, the existing base elevation of each tree, the legal description of the
property and any statutory rights-of-way or easements, the location and type of all
known utilities entering or immediately adjacent to the site and any proposed or
existing service or utility kiosks, the existing and proposed building footprints as
well as proposed excavation zones, walkways, patios, driveways and site access.
All protected trees on the lot associated with the development are to be
numerically identified with a survey tag attached to the trunk and the tree number
that corresponds with the survey plan.
"topping"
means an inappropriate pruning technique to remove the top portion of a tree's main
leader(s), resulting in an overall reduction in the tree's height, size and potential health or
life expectancy.
“Zoning Bylaw”
means White Rock Zoning Bylaw No. 1591, as may be amended or replaced from
time to time.
Part 2 – Application and Exemptions
1.
This Bylaw applies to protected trees on all lands within the designated areas in the City
of White Rock as shown on Schedule “B” attached herein.
2.
This Bylaw does not apply to protected trees that are cut, removed or damaged, pursuant
to the Railway Safety Act, R.S. 1985, c. 32 (4th Supp.), the Hydro and Power Authority
Act, R.S.B.C. 1996, c. 212 or the Pipeline Act, R.S.B.C. 1996, c. 364.
3.
This Bylaw does not apply to protected trees on City-owned or occupied property or
rights of way that are cut or removed by the City or its authorized agents as part of the
City’s operations. Requests by residents for the trimming, pruning or removal of
protected trees on City-owned or occupied property or rights of way require separated
approval through the City’s Department of Engineering and Municipal Operations.
35
Part 3 – Prohibitions
1.
No person shall cut, remove or damage any protected tree or cause, suffer or permit any
such tree to be cut, removed or damaged, except where permitted by and in accordance
with the terms of this Bylaw.
2.
No person shall fail to comply with the terms and conditions of a tree management permit
issued pursuant to this Bylaw.
3.
An arborist that submits any report to the City as a requirement of this Bylaw, cannot also
cut, remove or damage any tree that the arborist included in the report.
4.
In the event that a protected tree is in imminent danger of falling due to natural causes,
and it is not possible to obtain a tree cutting permit prior to the tree falling, the owner
may cut the tree or have it cut, but shall report the cutting of the tree to the City within
the next business day. The owner shall not remove the tree from the property until the
City has visited the property and confirmed that the tree was in imminent danger of
falling due to natural causes and injuring people or property. If the City determines that
the tree was not in eminent danger, or was in eminent danger due to reasons other than
natural causes, the City may consider the filing of an offense in accordance with Part 11
of this bylaw.
Part 4 – Delegation of Council Authority and Appeal to Council
1.
Council hereby delegates to the Director of Planning and Development Services the
authority to administer this By-law and to approve or deny Type 1 tree management
permit applications, as prescribed in Part 6 of this By-law, provided that all applicants
may speak to and provide documentation to Council for a final Council decision on their
application.
2.
Council hereby delegates to the Director of Planning and Development Services the
authority to administer this By-law and to approve or deny Type 2 tree management
permit applications, as prescribed in Part 6 of this By-law, provided that all applications
are reviewed and assessed in accordance with the criteria established by Council policy,
and that all applicants may speak to and provide documentation to Council for a final
Council decision on their application.
3.
Type 3 tree management permit applications, as prescribed in Part 6 of this By-law, will
be approved or denied by Council in conjunction with the associated permit or
subdivision application.
Part 5 – Tree Management Permits
1.
A person wishing to cut or remove a protected tree or cut and remove roots within the
critical root zone of a protected tree, shall apply to the Director of Planning and
Development Services for a tree management permit to cut or remove the tree or roots.
2.
A notice shall be posted at the property line of the lot for which a tree management
permit has been issued, in a location visible to the public and facing the street, prior to the
commencement of any cutting or removal of a protected tree or roots and shall remain
posted until the completion of all work related to the cutting or removal of protected trees
or portion thereof on the lot. The notice shall include a copy of the tree management
36
permit, identify by species and location the trees which are to be cut or removed and
provide a contact number for the permit holder and the City.
3.
A tree management permit is not required for the pruning of a protected tree provided
that the pruning is conducted in accordance with the standards and recommendations of
the International Society of Arboriculture. Pruning shall not include:
(a)
(b)
(c)
(d)
the lift pruning of lower limbs to the extent that the live crown ratio is less than
50%,
the removal of more than 25% of the crown in one season,
topping
the pruning or removal of a structural root within the critical root zone of a
protected tree
4.
The pruning and treatment of diseased trees shall be practiced where possible and
practical as an alternative to the cutting or removal of a protected tree. A tree
management permit will be required for the re-topping of protected trees when a safety
hazard is identified and confirmed in a report by an arborist.
5.
The fee for a tree management permit shall be determined as set out in Part 7 and shall be
paid upon application for the permit.
Part 6 – Types of Tree Management Permit Applications, Application Submission and
Approval Requirements
1.
The owner of a lot where a protected tree is located shall apply for one of the following
types of tree management permits to remove a protected tree or prune or remove
structural roots within the critical root zone of a protected tree, and shall provide the
documentation described as Application Submission Requirements at the time of
application.
2.
Type 1 - Tree Management Permit To Remove A Dead, Or Hazardous Protected Tree, Or
Remove A Structural Root within the critical root zone of a protected tree
(a)
Application Submission Requirements
(i)
Complete application form
(ii)
Application fee
(iii) Tree Assessment Report (not required if documentation/photos provided
confirming that the tree is an imminent hazard to the public, as indicated
in Part 3 of this By-law)
(iv)
Letter from property owner with rationale for removal of protected tree
(v)
If applicable, letter from adjacent property owner for removal of structural
roots within the critical root zone of a protected tree on adjacent property
(b)
Tree Management Permit Issuance Requirements
(i)
No replacement tree requirements
3.
Type 2 - Tree Management Permit to Remove an Unwanted Protected Tree
(a)
Application Submission Requirements
(i)
Complete application form Application fee
(ii)
Tree Assessment Report
(iii) Letter from property owner with rationale for tree removal and
commitment to plant and maintain replacement trees.
37
(iv)
(b)
Photos/graphics for an application to remove tree obstructing view
corridor.
Tree Management Permit Issuance Requirements
(i)
Replacement Tree Report and, where applicable, receipt by the City of
proposed cash-in-lieu of planting of replacement trees
4.
Type 3 - Tree Management Permit to Remove a Protected Tree on a Property Under
Application for a Building Permit, Development Permit, Demolition Permit Or
Subdivision
(a)
Application Submission Requirements
(i)
Complete application form
(ii)
Application fee
(iii) Tree Assessment Report
(iv)
Tree Survey
(v)
Coordinated Site Development Plan (CSDP)
(b)
Tree Management Permit Issuance Requirements
(i)
Replacement Tree Report and, where applicable, receipt by the City of
proposed cash-in-lieu of the planting of replacement trees
(ii)
Securities for:
a.
maintenance of retained protected trees;
b.
replacement trees;
(c)
Registration of a restrictive covenant on Title of the property or properties for the
preservation and maintenance of protected trees
5.
The City may revoke a tree management permit if the terms and conditions of the permit
have been breached or the information supplied by the applicant in support of the permit
is found by the City to have been inaccurate, incomplete or erroneous.
Part 7 – Permit Fees, Securities and Proposals for Cash-in-Lieu of Replacement Tree
Planting
Permit Fees
1.
3.
The application fee for a tree management permit shall be:
(a)
Permit Type 1 - Removal of dead, diseased or hazardous tree - No fee
(b)
Permit Type 2 - Removal of unwanted tree - Fee = $150
(c)
Permit Type 3 - Removal of a protected tree from a property under application for
a Building Permit, Development Permit, Demolition Permit and/or Subdivision Fee = $150
Any amendment requested or required for a tree management permit that has been issued
will require payment of a new application fee.
Securities and Proposals for Cash-in-lieu of Replacement Tree Planting
3.
A security deposit payable by the owner of the subject lot will be required for:
(a)
The provision and maintenance of replacement trees that will be planted after site
development and construction is completed;
(b)
The maintenance of preserved protected trees;
(c)
The provision and maintenance of replacement trees and the maintenance of
protected trees as part of a penalty for cutting, removing or damaging protected
trees without a tree management permit, or cutting, removing or damaging
protected trees in excess of the number allowed by the tree management permit.
38
4.
The owner shall provide to the City the security deposit in cash or irrevocable letter of
credit in a form satisfactory to the City in an amount determined under this by-law and
for the period and terms specified in this By-law.
5.
Notwithstanding the provisions of Part 7, Item 3 above, security for the maintenance of
replacement trees will not be required for applications to remove unwanted trees, as set
forth in Part 6 Item 3 of this By-law, unless required by Council as a condition of
application approval.
6.
Any irrevocable letter of credit required to be provided under this Bylaw shall be a clean,
unconditional and irrevocable letter of credit drawn from a Canadian financial institution
acceptable to the City. If, for any reason, the irrevocable letter of credit may cease to be
effective security or become unenforceable so as to remove or reduce its purpose as full
security for the due and proper performance of the requirements of this By-law, the
owner shall replace it with a further letter of credit acceptable to the City within 21 days
prior to the expiry of the letter of credit then held by the City. If the owner fails to do so,
the City will draw down on the current letter of credit without notice or restriction and
hold the monies in lieu thereof as security.
7.
If at any time an owner fails to comply with the provisions of this By-law relating to
requirements for retention of existing trees or replacement trees and their maintenance,
the City may by its employees or others under its direction enter upon the lands that are
the subject of the requirements, at all reasonable times and after notification to the owner,
to plant replacement trees or maintain protected trees and for such purposes may draw
upon the security provided and expend the funds to cover all costs and expenses of doing
so.
8.
Where conditions on a lot will make it impractical to plant replacement trees an applicant
may make a proposal for cash-in-lieu of the planting of replacement trees. The City will
use the cash-in-lieu funds to plant trees elsewhere in the City on City-owned property.
9.
The amount of the security for the provision and maintenance of replacement trees or
proposed cash-in-lieu of planting replacement trees shall be:
10.
11.
(a)
$1000 per replacement tree where the replacement tree required is a 6 cm caliper
deciduous tree or a 3 meter tall conifer,
(b)
$3,000 per replacement tree where the replacement tree required is a 10 cm
caliper deciduous tree or a 4 meter tall conifer,
The amount of security for the protection and maintenance of protected trees proposed to
be retained shall be:
(a)
$2,500 per retained tree where the tree is a deciduous or coniferous tree with a
trunk DBH less than or equal to 50 cm, or a native flowering or ornamental tree
with a trunk DBH less than or equal to 30 cm;
(b)
$4,500 per retained specimen tree where the specimen tree is a deciduous or
coniferous tree with a trunk DBH greater than 50 cm, or a native flowering or
ornamental tree with a trunk DBH greater than 30 cm; or,
(c)
$10,000 per retained heritage tree, or specimen tree where the trunk DBH of the
tree is greater than 65 cm.
The total amount of security deposited under Part 7, Items 9 and 10 above will be held by
the City for a period of one year after submission of a tree replacement report or final
39
building approval, to ensure that the protected trees are properly protected and
maintained in accordance with this By-law and the tree management permit.
12.
It will be a condition of release of any security provided by this By-law that the City will
be satisfied that the owner has complied with the tree replacement and maintenance
requirements of this By-law and the tree management permit.
13.
The remaining security will be released to the owner upon receipt by the City of a letter
from the owner’s arborist confirming that the protected trees have been properly
protected and maintained in accordance with this By-law and the tree management permit
during the one year security period.
Part 8 – Replacement Trees
1.
The number and size of the replacement trees is dependant upon the size of the protected
tree removed. Replacement trees shall be replaced according to the following:
(a) 30 – 50 cm DBH tree removed – Two 6 cm caliper deciduous trees or two 3 meter
high coniferous trees are required for the replacement of each protected tree removed.
(b) 51 cm to 65 cm DBH tree removed – Three 10 cm caliper deciduous trees or three 4
meter high conifer trees are required for the replacement of each protected tree.
(c) 66 cm to 75 cm DBH tree – Four 10 cm caliper deciduous trees or four 4 meter high
conifer trees are required for the replacement of each protected tree.
(d) 76 cm to 85 cm DBH specimen tree – Five 10 cm caliper deciduous trees or five 4
meter high conifer trees are required for the replacement of each protected tree.
(e) Greater than 85 cm DBH specimen tree – Six 10 cm caliper deciduous trees or six 4
meter high conifer trees are required for the replacement of each protected tree.
2.
The required number of replacement trees may be reduced by 50 percent,
provided that the DBH or height of replacement trees to be planted is increased by
75 percent or more, if so recommended by the Project Arborist.
3.
Replacement tree species are to be selected by the Project Arborist from a list of
recommended replacement tree species available from the City, or as recommended by
the arborist, provided that the recommended species comply with the Naturescape
principles set forth in the Official Community Plan. The City encourages replacement
trees that are of a species that will not grow to screen or block viewscapes of
neighbouring properties.
4.
Notwithstanding the provisions of Part 8, Items 1 and 2 above, replacement trees for
fruit-bearing and ornamental trees may be of a similar species.
5.
Subject to Part 8, Items 6 and 7 below, a minimum of one replacement tree must be
planted on each lot that is the location of a protected tree subject to an application.
6.
Replacement Trees must meet the plant condition and structure requirements set out in
the latest edition of the British Columbia Society of Landscape Architects/British
Columbia Landscape & Nursery Association “B.C. Landscape Standard” and the
Canadian Nursery Trade Association “Canadian Standards for Nursery Stock” to be
considered acceptable by the City.
7.
Replacement Trees must be planted and maintained in accordance with the requirements
set out in the latest edition of the British Columbia Society of Landscape
Architects/British Columbia Landscape & Nursery Association “B.C. Landscape
Standard”.
40
8.
Where no construction or site disturbance on a lot is proposed that would affect the
planting of replacement trees, the replacement trees must be planted within ninety (90)
days of the date of issuance of the tree management permit.
9.
Where the planting of replacement trees would hinder proposed site development and
building construction/demolition or where proposed site development and building
construction/demolition would jeopardize the survival of replacement trees, security for
the planting of the replacement trees, based on the requirements of Part 7, Item 9 of this
By-law, must be submitted to the City and held by the City until submission of a tree
replacement report confirming the planting of those trees.
Part 9 – Tree Protection
1.
All protected trees to be retained shall have a designated tree protection zone identifying
the area sufficiently large enough to protect the tree and roots from disturbance. The
recommended tree protection zone area can be determined by the formula outlined (see
Schedule A) Retention trees must be protected with tree protection barrier fence during
site development and building construction/demolition, as recommended by the owner’s
arborist and according to the requirements prescribed in Schedule A of this By-law.
2.
The required location of the tree barrier is determined by the size of the trunk of the
protected tree, as prescribed in Schedule A. These locations will only be reduced where
the full distance cannot be provided, and the tree will not be harmed, as confirmed by a
report from the Project Arborist, which report has been submitted and approved by the
City. Further, the City may require measures to mitigate potential damage during the
excavation and construction stages as recommended by the Project Arborist.
3.
No demolition permit, building permit or tree management permit shall be issued for
work on the lot where the protected tree is located until a tree protection barrier has been
installed and confirmed by a report from the Project Arborist, which report has been
received and approved by the City.
4.
A tree protection barrier must remain in place and in accordance with any
recommendations of the owner’s arborist and any requirements of the City until the
removal of the tree protection barrier is recommended by a report from the Project
Arborist, which report has been received and approved by the City.
5.
The Project Arborist is to submit a report to the City once a month during the period in
which tree protection barriers are in place, confirming that they have visited the site and
that the tree barriers are maintained as approved by the City.
6.
Site disturbance within a tree protection zone is prohibited including, but not limited to,
site grading, deposition or storage of soil or any other material, disposal of any toxic
material, access by any vehicle or heavy equipment, use of the area as an amenity space
during construction, or use of tree trunks as a winch support, anchorage or temporary
power.
7.
Any proposed work within a tree protection zone must first be recommended in a report
by the Project Arborist, which report has been received and approved by the City.
Part 10 - Inspection and Assessment
1.
The City is authorized to enter, at all reasonable times and after notification to the owner,
any lot that is subject to the By-law to ascertain whether the regulations, prohibitions and
41
requirements of this By-law or any tree management permit are being met or to assess or
inspect any tree or tree remains on the lot.
2.
Where a protected tree has been cut or damaged on a lot in violation of this Bylaw,
without a tree management permit, or in excess of any permission or in violation of any
terms and conditions of a tree management permit, the trunks, limbs, roots and remains of
the cut or damaged tree shall not be removed from the lot until an investigation and
assessment by the City is completed and the removal is expressly authorized by the City.
3.
Once all replacement trees required under a tree management permit have been planted,
the owner shall submit a report from his arborist to the City that the replacement tree(s)
have been installed in accordance with this By-law and that a reduction or release of
securities is in order.
Part 11 – Offences
1.
Every person commits an offence against this By-law and is liable to a fine of not less
that $1,000 and not more than $10,000 per offence, who:
(a)
cuts, removes or damages a protected tree contrary to this By-law or contrary to
the terms and conditions of a tree management permit;
(b)
violates any of the provisions of this By-law or a tree management permit;
(c)
suffers or permits any act or thing to be done in contravention or violation of any
provision of this Bylaw or a tree management permit; or
(d)
omits to do or refrains from doing anything required to be done by any of the
provisions of this By-law or a tree management permit.
2.
For the purposes of this By-law, each tree cut, removed or damaged in violation of this
Bylaw and each day that a violation of this Bylaw is caused or permitted to continue shall
constitute a separate offence.
Part 12 – Penalties
1.
In the event that a person who commits an offense against this By-law fails to pay the
fine before the 31st day of December in the year following the year that the fine was
effected by the City, the costs shall be added to and form part of the taxes payable on the
lot as taxes in arrears.
2.
Prosecution of a person pursuant to Part 11 of this By-law does not exempt the person
from the provisions of Part 12 of this By-law.
Part 13 – Schedules
1.
2.
Schedule “A” forms part of this By-law.
Schedule “B” forms part of this By-law.
42
Part 14 – General Provisions
1.
White Rock Tree Management Bylaw No. 1567, consolidated with amendments, is
hereby repealed.
2.
This By-law shall come into force on the date of final adoption hereof.
RECEIVED FIRST READING on the
RECEIVED SECOND READING on the
RECEIVED THIRD READING on the
RECONSIDERED AND FINALLY ADOPTED on the
Mayor
City Clerk
43
26th day of April, 2010.
26th day of April, 2010.
26th day of April, 2010.
3rd day of May, 2010.
SCHEDULE “A”
Specifications for Tree Protection Barriers
protection barrier
trunk diameter X
existing tree centered
within tree protection
distance 6X from trunk or place
at curb edge/sidewalk edge
distance 6X from trunk
existing tree centered
within tree protection
protection barrier 6X from trunk
(see Table above)
protection barrier 6X from trunk
see Table above
50 x 100 wood posts
set 450mm deep into
finished grade
minimum
1200 height
above grade
plastic mesh secured
to wood frame
50 x 100 wood rail, top and bottom
max. spacing 2m apart, use
additional posts, as required
to protect trees
finished grade
Install tree protection barrier before construction begins and keep in place
until landscape installation is complete.
Storage of building materials & litter within or against protection barrier is prohibited.
Developer/Owner responsible for maintenance within Tree Protection Barrier.
Damaged trees will be replaced at Developer/Owner's cost.
Maintain existing grades at protection barrier for all protected retained and existing trees.
Regrading outside of protection barrier should not adversely compromise
protected retained and existing trees.
STREET TREE PROTECTION DETAIL
January 2006
Parks Department
City of White Rock
44
SCHEDULE “B”
45
46
Appendix 5: Benefits of Urban Trees
Community Benefits
1) Trees Create Livable Communities. Surveys
show that trees are extremely important to
residents’ quality of life and sense of civic pride.
2) Trees Are Good for Business. Shoppers will visit
more often, linger longer, are willing to pay higher
prices for goods (7–10% more), and spend more
money overall on streets with trees.
3) Trees Encourage people to visit. Visitors
perceive communities with more green space and
vegetation as having better business quality, more
shopping convenience and lower crime.
4) Trees Reduce Stormwater Costs. Street tree
canopies intercept rainfall, reducing the amount of
stormwater to be handled. For every 5% of canopy
cover, stormwater is reduced by 2%.
5) Prolong the life of pavement. Shade trees reduce
summer surface temperature, increasing pavement
life by 10–25 years for roads and parking lots.
6) Make communities safer. Treed communities
have lower levels of domestic violence and safer,
more sociable neighbourhoods.9 Roadside trees
reduce the speed of traffic, reduce crashes and
injuries, and reduce driver stress and frustration.
7) Reduce the heat island effect. On hot days,
downtown areas can be up to five degrees Celsius
hotter than surrounding forests. Trees provide
shade and cool the air through evapotranspiration.
8) Trees Increase Property Values. Trees increase
the value of homes by 3–6% (or more).
Commercial real estate values increase with high
quality treed landscaping, with rental rates about
7% higher.
9) Trees Reduce Energy Bills. Shade trees reduce
the demand for summer air conditioning. Trees
placed as windbreaks can reduce winter heating
costs by up to 25%.
10) Trees Reduce Noise. Leaves, twigs and branches
buffer and reduce sounds, replacing noise from
busy highways with sounds of leaves and bird
song.
47
Environmental Benefits
1) Trees Support biodiversity, providing food
and shelter for a variety of birds and other
wildlife and provide habitats for species at risk.
2) Trees Support ecosystem functions. Trees
play a fundamental role in the circulation of
important chemical elements (such as nitrogen,
carbon, oxygen and water) within an ecosystem.
3) Trees Help Protect Streams and Aquatic
Habitats. Trees in riparian areas are essential
for healthy streams; providing shade, nutrients
and coarse organic debris, while protecting
stream banks from erosion.
4) Conserve and enhance soil productivity by
enhancing biological activity (bugs, bacteria and
fungi) and the ability of the soil to take up, store
and clean rainwater.
5) Trees Support Sustainable Transportation.
Urban forests encourage people to get out of
their cars and walk or bike.
6) Improve air quality. Shade trees reduce
temperatures, slowing the formation of ground
level ozone (smog). Tree leaves absorb
airborne pollutants such as sulphur dioxide, as
well as filtering particulate matter from the air. A
mature tree absorbs 54–110 kg of small
particles and gases of air pollution each year.
7) Provide air to breathe. A single mature tree
can provide enough oxygen for two people for a
year.
8) Improve water quality. Tree roots take up
potentially harmful chemicals such as nitrates,
phosphorus and cadmium that would otherwise
enter groundwater and streams.
9) Provide stress relief. Desk workers who can
see natural areas report greater job satisfaction
and have 23% fewer sick days.14 Hospital
patients with views of trees recover significantly
faster than those without such views.15
Children with ADHD show fewer symptoms if
exposed to natural settings.16
10) Provide recreational and educational
opportunities. Treed areas provide great
places to go for a walk, teach kids how to
recognize different trees and birds and maybe
even climb a tree.