Tree Cutting Bylaw No. 2169

At the time when our trees were cut down the Coquitlam Tree Cutting Permit Bylaw 2169 was in effect. Coquitlam has since replaced that Tree Cutting Permit Bylaw with a 2007 Tree Management Bylaw and a 2008 Tree Management Amendment Bylaw, which are available for viewing at the links belows:
http://e-civic.coquitlam.ca/cybercedms/getdoc.asp?doc=587610
http://e-civic.coquitlam.ca/cybercedms/getdoc.asp?doc=640480

The text that follows here is the Tree Cutting Permit Bylaw that was in effect at the time of the tree topping, soil compaction, root crushing, removal of ground cover, and other acts taken so as to cause the destruction of trees. It is the same bylaw that was in effect in February 2006 when our trees were cut down without a permit or authorization of any kind. I added the bold emphasis.

CITY OF COQUITLAM BYLAW NO. 2169, 1990

A Bylaw to provide for the application, approval, suspension or denial of Tree Cutting Permits in designated areas in the City of Coquitlam pursuant to Section 978 of the Municipal Act.

The Council of the City of Coquitlam, having observed the relevant provisions of the Municipal Act, enacts the following:

I. TITLE
This Bylaw may be cited as the "City of Coquitlam Tree Cutting Permit Bylaw No. 2169, 1990".

2. DEFINITIONS
In this Bylaw, unless the context otherwise requires:

"Approved landscape or forestry plan" means any landscape or forestry plan approved by the City of Coquitlam pursuant to an application for a Tree Cutting Permit.

"Barrier" shall mean any physical barrier including a fence, frame or guard or any conspicuous identification including survey tape or any other device placed on, around or near a tree for the purpose of protecting it from injury or harm.

"Council" means the Council of the City of Coquitlam.

"Cutting" shall mean the cutting down or cutting so as to cause the destruction of any tree.

"Manager Development Services" means the Manager of Development Services for the City of Coquitlam and any successor in title to that position.

"Owner" shall mean the registered owner or owners of an estate in fee simple in respect of which a permit is applied for, or a person authorized by the owner or owners in writing.

"Permit" shall mean a Tree Cutting Permit issued in the form of Appendix I. City of Coquitlam Bylaw No. 2169, 1990 2 Convenience Consolidation – October 2002

"Professional Engineer" shall mean a professional geotechnical engineer or geoscientist registered as a member in good standing with the Association of Professional Engineers and Geoscientists of British Columbia.

"Qualified Tree Specialist" shall mean a Registered Professional Forester, Certified Landscape Architect or Certified Arborist.

"Slope" means a stretch of rising or falling ground or a portion of land surface marked by an ascent or descent.

"Tree" shall mean any woody plant which is 5 metres (16.4 ft) or more in height, including any which have been reduced in height to less than 5 metres (16.4 ft) as a result of topping, having one or more self supporting trunks and including the roots, branches, trunk, crown or any part of the tree.

3. APPLICABILITY

(a) All shaded lands shown on the maps attached as Schedules ‘A' and ‘B' may be subject to flooding, erosion, land slip, or avalanches; or constitute non-riparian forested lands with an area of 0.5 hectares or greater, and are hereby designated as a Tree Cutting Permit Area.

Additionally,
(i) Any slope of 20 degrees or greater, where the slope has a vertical height of 3 metres or greater, and
(ii) Any forested areas extending for a horizontal distance of 15 metres measured perpendicular to and beyond the slope boundary in (i) are hereby designated as a Tree Cutting Permit Area.

(b) It shall be unlawful for any person to cut or permit to be cut trees within a designated Tree Cutting Permit Area without first having applied for and having obtained a Permit except as otherwise provided in this Bylaw.

4. PERMITS

(a) (i) For Tree Cutting Permits on lands with slopes of 20 degrees or greater, the City of Coquitlam may require an applicant for a Permit to provide, at the applicant's expense, a report certified by a Professional Engineer, that the proposed cutting of trees will not create a danger from flooding or erosion.
(ii) For Tree Cutting Permits on other forested lands as described in 3a(ii) above as well as for Tree Cutting Permits on non-riparian forested lands with an area of 0.5 hectares or greater as described in 3a above; the City of Coquitlam may require an applicant for a Permit to provide, at the applicant's expense, a report certified by a Qualified Tree Specialist, to City of Coquitlam Bylaw No. 2169, 1990 3 Convenience Consolidation – October 2002 assess the condition of the trees to be removed, make recommendations for tree removal and where possible, pruning or retention.

(b) The City of Coquitlam may require an applicant for a Permit to provide, at the applicant's expense, a report certified by a qualified person, that the proposed cutting of trees will not create a danger from flooding or erosion.

(c) On receipt of a completed application for a Tree Cutting Permit for a parcel lying in whole or in part within a Tree Cutting Permit Area the Council may:
(i) issue the Permit including such terms and conditions as are deemed appropriate; or
(ii) refuse to issue the Permit and the Municipal Clerk shall provide written notice of the reasons for refusal within 15 days of the date of refusal, and
(iii) for parcels of 1 ha (2.47 acres) or more in area, at its discretion hold a public meeting prior to making a decision on the issuance of the Permit.

5. POWERS AND DUTIES

(a) The Manager Development Services or his delegate, may enter any lands at any reasonable time for the purposes of administering and enforcing this Bylaw.

(b) The Manager Development Services or his delegate may suspend work carried out under any Tree Cutting Permit if the tree cutting is not being undertaken in accordance with the terms and conditions of the Permit.

6. APPLICATION

(a) Applications shall be submitted in the prescribed form to the Manager Development Services by the owner of the lands.

(b) Applications shall be accompanied by a written description of the proposed tree cutting and without limiting the generality of the foregoing, shall include the following information:

(i) purpose and scale of the proposed tree cutting, and the methods to be used;

(ii) a site plan illustrating all pertinent topographic and hydraulic features, buildings, structures, tree cover and treed area(s) to be cut;

(iii) the methods proposed to control the erosion of the soil from any slopes of the land or any adjacent land;

(iv) the proposed methods of access to the site during the cutting;

(v) barrier methods proposed to protect trees which will remain standing, including prevention of compaction of their root area;

(vi) if the tree cutting is for logging purposes, the methods proposed to restore the site to a suitable condition, including appropriate reforestation and costs of these works;

(vii) satisfactory evidence that the person or firm responsible for the tree cutting is covered by adequate liability insurance;

(viii) such further and other information as the Council may require.

7. FEES

(a) Except as otherwise provided in the Bylaw, applications for a Permit shall be accompanied by the prescribed fee as follows:

Total Fee
(i) for the cutting of 1 to 3 trees per calendar years No Charge
(ii) site of less than 1 ha $100.00
(iii) site of 1 ha or more $250.00

8. SECURITY DEPOSIT

(a) Prior to the issuance of a Permit, a security deposit and a duly executed Security and Permission to enter form as set out in Appendix II, shall be required from the applicant to ensure the tree cutting is carried out in accordance with the terms and conditions of the Permit.

(b) The security deposit shall be, at the applicant's option, either an irrevocable letter of credit or the deposit of securities in a form satisfactory to the Manager Development Services.

(c) The amount of the security deposit shall be 100% of the value of the restorative measures required to restore the site to a suitable condition as estimated by a Registered Landscape Architect or Registered Professional Forester.

(d) Should the Permit holder fail to comply with the terms and conditions of the Permit in the opinion of the Manager Development Services, then the City of Coquitlam may retain all or a portion of this security, and its forces or agencies may enter onto the property and perform such work as is necessary to restore the lands to the condition specified in the Permit.

9. EXCEPTIONS

No Permit shall be required for the removal or trimming of dead, diseased or damaged trees, provided that the damage resulted from a non-human cause and provided further that the removal or trimming is accomplished through the use of standard forestry practices and techniques.

9.1 A Permit under this Bylaw is not required:
(i) where the cutting of trees in a Tree Cutting Permit Area has been authorized under a Subdivision Plan that has been approved under the provisions of the City of Coquitlam Subdivision Control Bylaw No. 2038;
(ii) where the cutting of trees in a Tree Cutting Permit Area has been authorized under a Development Permit or Development Variance Permit that has been approved and issued by the Council for the City of Coquitlam under the authority of Part 26 of the Local Government Act;
(iii)where a building permit has been issued for the construction of a single or two family residential building, under City of Coquitlam Building Bylaw No. 2987, and the tree cutting is necessary to accommodate the placement of the building on the land, and to accommodate construction of any off-street parking that is required under City of Coquitlam Zoning Bylaw No. 3000, 1996; or
(iv) where the cutting of trees in a Tree Cutting Permit Area is carried out by the City of Coquitlam, its employees or agents on City-owned parkland and open space, a highway, easement or right-of-way for the purpose of constructing, maintaining, repairing or servicing a road, sanitary or storm sewer, ditch, culvert, water main or other municipal infrastructure.

10. EXPIRATION OF PERMIT

Unless otherwise specified in the Permit, where the holder of a Permit does not substantially complete the tree cutting specified in the Permit within one year after the date it is issued, the Permit lapses.

11. PENALTY

(a) Every person who contravenes or fails to comply with this Bylaw, commits an offence and is punishable in accordance with the provisions of the Offence Act (British Columbia).

(b) Each day that a violation of the provisions of this Bylaw exists shall constitute separate offence.

City of Coquitlam Bylaw No. 2169, 1990 6 Convenience Consolidation – October 2002
READ A FIRST TIME this 28th day of May, A.D. 1990.
READ A SECOND TIME this 28th day of May, A.D. 1990.
READ A THIRD TIME this 28th day of May, A.D. 1990.
RECONSIDERED, FINALLY PASSED AND ADOPTED and the Seal of the City
affixed this 11th day of June, A.D. 1990.
__________________________________
MAYOR
__________________________________
CLERK
City of Coquitlam Bylaw No. 2169, 1990 7 Convenience Consolidation – October 2002

APPENDIX I TO BYLAW NO. 2169, 1990

PERMIT FOR TREE CUTTING WITHIN DESIGNATED TREE CUTTING PERMIT AREAS
TREE CUTTING PERMIT NO. ______

This Tree Cutting Permit is hereby issued by the Council of the City of Coquitlam to:
_____________________________
(name of owner - individual or company - the Permittee)
for tree cutting on ________________
pursuant to the provisions of the City of Coquitlam Tree Cutting Permit Bylaw No. 2169,
1990, subject to:

1. Tree cutting being undertaken strictly in accordance with the terms and conditions of this Permit and any plans and specifications being attached hereto as part of this Permit.

2. The Permittee completing Appendix II under subsections 980(2) and (3) of the Municipal Act depositing the required security and giving permission to the Manager Development Services to enter the subject properties when necessary.

WHEN JOB IS COMPLETED, ENGINEERING 526-3611 IS TO BE ADVISED.
WARNING THIS PERMIT EXPIRES ON

_________________________________
(Date)
_________________________________
MAYOR ENGINEER
_________________________________
CLERK
DATED this __ day of _____________ 19 .
City of Coquitlam Bylaw No. 2169, 1990 8 Convenience Consolidation – October 2002

APPENDIX II TO BYLAW NO. 2169, 1990
SECURITY AND PERMISSION TO ENTER

WHEREAS the undersigned has deposited with the City of Coquitlam (The "District") cash in the amount of $______ or an irrevocable Letter of Credit in the amount of $_______ or other securities in the amount of $______ pursuant to the Tree Cutting Bylaw to ensure site restoration and/or installation of landscaping works on property legally described as:
_________________________________________________
in accordance with the Tree Cutting Permit approved by the City of Coquitlam Council on _________________________________________________

NOW THEREFORE WITNESSETH that for good and valuable consideration received the undersigned hereby covenants to and agrees with the District:

1. To complete the said restoration and/or landscaping works within the time specified in the permit.

2. To obtain from any person to whom the undersigned proposes to transfer the said lands or any interest therein prior to the substantial completion of the said restoration and/or landscaping works, a form of permission to enter identical to this document with necessary changes and to deliver to the City the new document duly executed by the person to whom the undersigned proposes to transfer the said lands or any interest therein together with the security described in the preamble hereto.

3. To authorize and to permit and does hereby authorize and permit the City to retain any cash or securities deposited with it by the undersigned or call for and receive any funds secured by the Letter of Credit, as the case may be, in the event that the undersigned fails to perform any of the covenants on his part to be performed hereunder within the times limited for performance by the terms of this document and in such event the City may, at its sole option, enter the said lands and provide and install the said restoration or landscaping works, or retain the said monies for its own use absolutely as liquidated damages and not as penalty. Should the City enter the lands and complete the said works, and should there be insufficient funds on deposit to cover the cost of completion, the undersigned shall remit the shortfall in monies to the City forthwith upon demand. In the event that any Letter of Credit filed with the City will expire prior to the completion date provided for in Clause 1 hereof, the City may, from time to time, call for and receive the funds secured by the said Letter of Credit and retain the same until the undersigned files with the City a renewal of the said Letter of Credit.

City of Coquitlam Bylaw No. 2169, 1990 9 Convenience Consolidation – October 2002
IN WITNESS WHEREOF the undersigned has hereunto set his hand and seal, or being a corporation, has hereunto affixed its corporate seal in the presence of its proper officers first duly authorized in that behalf.

SIGNED, SEALED AND DELIVERED in the presence of:
________________________________
Name Signature
________________________________

Address Address
________________________________
Occupation Telephone
(OR in the case of a corporation
The Corporate Seal of
was hereunto affixed in the presence of:
________________________________

TREE CUTTING PERMIT AREAS
BYLAW NO. 3472,2001
SCHEDULES A & B
Maps of Tree Cutting Permit Areas

http://www.coquitlam.ca/NR/rdonlyres/2D5C52F2-E668-43E6-8F8C-6FA39EBF72AD/0/TreeCuttingBylaw.pdf

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I am wondering what happened to the security deposit, the restoration of the site to a suitable condition, and the penalties for each day that a violation of the provisions of this Bylaw existed (or still exists).