Council Unanimously Approves Recommended Changes to Burlington's Private Tree Bylaw

At our March 22 Council meeting, we unanimously approved the recommended changes to Burlington's Private Tree Bylaw from committee. The next step in this process is for staff to bring back the new and updated Private Tree Bylaw in April for Council's approval where it will go into effect immediately after, if approved.Below is the motion that was unanimously approved by Council:

Approve the recommended changes to the city's existing Private Tree Bylaw as detailed in the recommendations section of roads, parks and forestry department report RPF-03-22; and

Authorize the Executive Director of Legal Services and Corporation Counsel to prepare for Council approval a bylaw repealing and replacing the Private Tree Bylaw to implement changes outlined in roads, parks and forestry department report RPF-03-22; and

Authorize the Executive Director of Legal Services and Corporation Counsel to prepare for Council approval a bylaw amending the Rates and Fees Bylaw No. 61-2021 to implement new fees as outlined in roads, parks and forestry department report RPF-03-22; and

Direct the Director of Roads, Parks and Forestry to provide a status update on the Private Tree Bylaw to the Environment, Infrastructure and Community Services Committee in Q2 2023; and

That staff be directed to proceed with incorporating a one to one replacement ratio recommended for dead, dying and diseased trees within the online tree application form, with trees to be supplied by the City as a voluntary recommendation outside of the bylaw, as outlined in the supplemental memorandum from the Manager of Urban Forestry dated March 22, 2022; and

Amend the report RPF-03-22, to support Option 1 with the following changes:

• The flat fee permit for up to 3 trees;
• The flat fee changes to $325; and
• For each subsequent tree, the fees will be as follows: $225 for the 4th tree, $125 for five and over.

To view the Memo from the Manager of Urban Forestry, the staff report, presentation and meeting minutes, please head to the end of this post, under 'Related Links'.MY TAKE:I want to thank staff, particularly in our Forestry Department, for all their hard work on this and my Council colleagues for workshopping this bylaw so that it can achieve all of the outcomes we laid out and in a cheaper and simpler way then what we previously had. I look forward to staff bringing us the renewed bylaw in April for Council's final approval, so that we can implement it as soon as possible.

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BACKGROUND:At the Environment, Infrastructure & Community Services (EICS) Committee meeting of March 3, 2022, Council members received an update report and presentation from staff on the City of Burlington’s Private Tree Bylaw and the recommended changes the forestry department is proposing.Committee members approved the recommendations in the report, as well as additional staff directions from Counc. Paul Sharman, that will all go for ratification by Council at their March 22 meeting. If approved by Council, staff will then return with a Proposed Private Tree Bylaw Recommendation Report in the April committee cycling and if everything is approved there, it is expected the new updated bylaw will go into effect after April 19.For more details about the recommended changes and staff directions committee carried, and next steps, please see further down this post.Click the links below to view the:

• Staff report RPF-03-22 Private Tree Bylaw Update;
• Staff presentation to RPF-03-22 Private Tree Bylaw Update; and
• Post-Meeting Minutes – EICS Committee_March 03_2022

RECOMMENDATIONS & NEXT STEPS:

• Approve the recommended changes to the City’s existing Private Tree Bylaw;
• Prepare updated Bylaw to replace existing for approval in April 2022;
• Prepare revised Rates & Fees Bylaw Schedule A ‘Tree Management’ for approval in April 2022;
• Direct the Director of Roads, Parks & Forestry to provide a total budget effect analysis for either Option 1 or Option 3 Proposed Fee Structure by April 1, 2022 (staff direction from Counc. Sharman approved at EICS Committee – March 3);
• Direct the Director of Roads, Parks & Forestry to report back by April 1, 2022 on the feasibility of including wording in the Private Tree Bylaw that would require tree replacement on a 1-for-1 ratio, provided by the City of Burlington, when a dead, dying or diseased tree is removed (staff direction from Counc. Sharman approved at EICS Committee – March 3); and
• Report back after one year to update on process improvements and summarize findings.

PROPOSED CHANGES IN PRIVATE TREE BYLAW UPDATE:What’s Improved in the Process?

• Introduction of consolidated pool permit application & tree declaration form
• Improvements to online application form, including integration with City’s software
• Updates to City information webpages
• Introduction of a homeowner’s reference guide to understand working around trees

What’s Changed in the Bylaw?

1. Removal of protection of trees between not more than five (5) with a diameter-at-breast-height (DBH) of greater than 10cm and less than 20cm in one calendar year;
2. Removal of the exemption from permit fees and compensation for those trees within two (2) m from an occupied building; This is recommended to be removed given that for the most part no actual maintenance activities were being performed and this resulted in a number of healthy trees being removed with no fees or compensation.
3. Introduction of an exemption from tree permit fees where trees need to be injured and/or destroyed to allow for certain structural and maintenance type work with the support of prescribed documentation.
4. A requirement that replacement plantings be maintained in good condition for a given period.
5. Requiring a replacement tree deposit; This will help reduce resource time following up with customers on replacement tree plantings, and also ensure trees that are removed are replaced, particularly in the event a property is sold prior to the one-year planting time frame provided.
6. Providing ability to plant trees on alternate private property within the City’s Urban Planning Area Boundary;
7. Identification of a review process in relation to tree permit denials;
8. Adding a provision under the authority for permit refusal for significant and healthy trees;
9. Introduction of administrative monetary penalties (AMPs); this will allow a more efficient process for penalties related to Tree By-law infractions and result in reduced reliance on charges applied through the Court system.
10. Introduction of a mandatory posting of tree permits, with additional requirements for significant trees.

Bylaw Change	Rationale
Refined some definitions	Required to provide clarity
Elimination of 2 metre exemption from occupied building & addition of another mechanism for fee exemption for maintenance works	Use did not match original intent / Simplify process
Elimination of clause requiring permit for more than 5 trees greater than 10 cm and less than 20 cm in one calendar year	Simplify process
Introduction of a review process	Provide transparency / Mechanism for tree denials
Introduction of posting of permit	Provide transparency
Introduction of Significant Trees (greater than 75 cm – diameter-at-breast-height or DBH) category including option for denial of permits	Significant benefit to canopy cover (This recommendation arose from the Council Workshop)
Adding provisions for greater protection of replanted trees	Supports canopy growth
Replacement trees allowed to be planted on other properties	Supports canopy growth (This recommendation arose from the Council Workshop)
Replacement trees security deposit	Supports canopy growth
Introduction of Administrative Monetary Penalty (AMP) process	Streamlines process / Reduce resources time

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Tree Replacement Compensation — Existing vs. NewReplacement tree quantities are calculated based on ratios that correspond to the size of the tree removed. Cash-in-lieu of replacement values are reduced from $400 per replacement tree to $250 per replacement tree. For example, a tree that is 20 cm DBH will require 2 replacement trees to be planted, or cash-in-lieu payment of $500 or combination of the two (i.e., 1 tree, and cash-in-lieu of $250).

Compensation Requirements	Pros/Cons
Existing Process: 1 tree for every 10 cm removed Downgraded based on condition factors 30 mm caliper tree Cash-in-lieu of Replacement: $400 per tree	PRO: Existing tree condition considered CON: Method hard to understand Does not allow for pre-planning Potential for lower-quality planting stock
New Process: DBH (cm) Ratio 21-35 cm 2:1 36-74 cm 3:1 > 75 cm 4:1 Cash-in-lieu of Replacement: $250 per tree	PRO: Simplified process Affordable Sliding scale that supports canopy growth targets Equitable CON: Existing tree condition not considered

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Fee Structure Rationale — Existing vs. NewFees to processing permits are being reduced and simplified. Proposed details in charts below.

Fee Structure	Pros/Cons
Existing structure: Permit per application, two streams Development Non-Development	PRO: Separates various work types Fees better correspond to resource requirements CON: No incentive to retain trees Same fees applied regardless of number of trees
New structure: Permit per tree, one stream	PRO: Simplified process Affordable Equitable — Fees correspond to number of trees impacted Sliding cost scale creates a disincentive for clear-cutting CON: Does not separate work types Fees do not correspond with resource requirements

RELATED LINKS:

• Committee Meeting Minutes: Post-Meeting Minutes - EICS_Mar03_2022
• Council Meeting Minutes: Post-Meeting Minutes - Regular Meeting of Council_Mar22_2022
• Memo from Manager of Urban Forestry: RPF-03-22 Memo for council
• Staff report: Staff report RPF-03-22 Private Tree Bylaw
• Presentation: Staff presentation to RPF-03-22 Private Tree Bylaw Updates
• Mayor’s Monday Mailbag – March 7, 2022 – What’s Happening With Burlington’s Private Tree Bylaw — Any Updates?