THE CORPORATION OF DELTA BYLAW NO A Bylaw for the protection of trees. Incorporating amendments pursuant to Bylaw 7613

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1 THE CORPORATION OF DELTA BYLAW NO A Bylaw for the protection of trees Incorporating amendments pursuant to Bylaw 7613 December 12, 2016 Print December 19, 2016 THIS CONSOLIDATION IS FOR CONVENIENCE AND REFERENCE PURPOSES ONLY. If there is any discrepancy between this consolidation and the original Bylaw and any amending Bylaws, the original Bylaw and any amending bylaws are correct. For confirmation of the exact terms of the Bylaw, you must consult the original Bylaw and all amending bylaws.

2 - 1 - THE CORPORATION OF DELTA BYLAW NO A Bylaw for the Protection of Trees WHEREAS Council is empowered under the Community Charter to regulate, prohibit and impose requirements in relation to trees; AND WHEREAS, Council is authorized to require permits to cut or remove trees, to establish fees for such permits, and to establish terms and conditions for the granting, refusal, and use of such permits; AND WHEREAS, Council has adopted policies and objectives regarding tree preservation and replacement; THEREFORE BE IT RESOLVED THAT the Municipal Council of The Corporation of Delta in open meeting assembled ENACTS AS FOLLOWS: 1. Citation This Bylaw may be cited for all purposes as Delta Tree Protection and Regulation Bylaw No. 7415, Purpose This Bylaw is intended to: (c) (e) Regulate the cutting of trees within The Corporation of Delta through a permit process; Describe the conditions under which permits will be granted for the cutting of trees; Prohibit the damaging of trees and the cutting of trees without a permit; Set requirements for replacement, mitigation or other forms of compensation for the cutting of trees; and Establish provisions relating to inspection and enforcement of tree cutting in relation to the established permit process, and penalties for offences. 3. Interpretation In this Bylaw, the following definitions apply, unless otherwise indicated: Applicant means the owner of land as defined by this Bylaw who is applying to the Corporation for a permit to cut a tree.

3 - 2 - Base Bylaw Inspector in relation to a tree s measurement, means the top of the root crown or the point where the existing grade of the ground comes into contact with a tree s stump, trunk or trunks, whichever elevation is higher. means an employee of the Corporation serving in the capacity of Bylaw Enforcement Officer, Bylaw Inspector, or Environmental Control Officer and includes the Manager of the aforementioned employees. Corporation means The Corporation of Delta. Council Cut Cutting Certified Tree Risk Assessor Damage Director means the Council of the Corporation. means to cut down, kill or remove a tree by any means. has corresponding meaning to cut. means a Qualified Person who holds a Tree Risk Assessment Qualification from the International Society of Arboriculture. means any action which will cause a tree to die or decline and includes, without limitation, ringing, poisoning, burning, topping, cutting or damaging of the roots, excessive pruning, excessive crown lifting, or pruning in a manner not in accordance with American National Standards Institute Publication A and the companion publication Best Management Practices Tree Pruning 2002, as amended or replaced from time to time. unless otherwise noted, means the Director of Engineering as represented by the employee of the Corporation serving in that capacity from time to time and includes a person acting in that capacity or a person delegated to act by the Director. Director of means the employee of the Corporation serving in that capacity from time to Parks, time and includes a person acting in that capacity. Recreation and Culture Drip line Engineer Fish bearing stream means the outermost perimeter of the canopy of a tree. means a person licensed and in good standing to practice as such under the Engineers and Geoscientists Act of British Columbia. means a watercourse that provides fish habitat on a permanent or seasonal basis and includes a river, creek, brook, ditch, pond, lake or wetland.

4 - 3 - Qualified Person Owner Peace Officer Permit Pruning means an arborist who is certified by the International Society of Arboriculture and includes a Certified Tree Risk Assessor. in respect of real property, means the registered owner of land on which a tree subject to this Bylaw is located, or a person with equivalent owner status as defined in the Community Charter, or his or her designate if authorized as per Subsection 6.2 of this Bylaw. means an officer, provincial constable, municipal constable, Chief Constable, special municipal constable, or special provincial constable, all of which are defined in the Police Act. means a permit issued by the Director under this Bylaw granting permission to cut a tree. means the selective removal of branches from a tree to improve timber quality, or to remove dead or diseased wood, or to correct undesirable growth patterns. Retained Tree means a tree that is not proposed to be cut. Replacement means a plan which illustrates the number, location, species and size of trees Plan to be planted and maintained in accordance with Subsection 6.5 and Section 8 of this Bylaw. Replacement means a tree that is shown on a Replacement Plan as a tree which Tree is intended to replace an existing tree. Sound means tree planting, pruning and maintenance practices endorsed by the Arboriculture International Society of Arboriculture. Practice Tree includes any woody plant of any species that has a trunk diameter of 20 centimetres (8.0 inches) or greater measured at 1.4 metres above its base, has a combined diameter of its three largest trunks or stems of 20 centimetres (8.0 inches) or greater measured 1.4 metres above its base, or, if less than 1.4 metres in height, has a diameter of 30.5 centimetres (12 inches) or greater measured at its base, and any replacement tree as defined in this Bylaw regardless of size. 4. Application of Bylaw

5 This Bylaw applies to all lands under the jurisdiction of the Corporation except as provided in Subsection This Bylaw does not apply to the following: Lands within the Provincial Agricultural Land Reserve. Lands within Burns Bog which are subject to Delta Tree Cutting Regulation Bylaw No. 6122, Prohibitions 5.1 Unless exempted by Section 7 of this Bylaw, no person shall cut any tree, cause the death of any tree by means other than cutting, allow any tree to be cut or allow any person to cause the death of any tree by means other than cutting, except under the authority of a permit issued pursuant to this Bylaw. 5.2 No person shall cause damage to any tree. 5.3 In addition to those prohibitions set out in Subsection 5.2, during a valid building permit for the renovation or construction of a building, structure or utility, no person shall carry out any of the following tree damaging activities inside of the drip line of any tree: (c) (e) (f) (g) Operate commercial vehicles, backhoes, excavators or other heavy equipment. Park vehicles, except on existing paved areas. Dig or remove soil or deposit soil, except by hand, and only as necessary to install services approved by the Corporation. Deposit fill, concrete or asphalt. Store any solid, liquid or chemical substance. Blast or otherwise modify the land through use of explosives. Any activity within the protective fencing established in accordance with Subsection 9 (1). 5.4 No person shall fail to comply with the terms or conditions of this Bylaw or a permit issued pursuant to this Bylaw. 5.5 No person shall remove, conceal, or otherwise interfere with a posted Stop Work Order issued under this Bylaw.

6 No person shall alter, falsify, or otherwise provide misrepresentation for or on a permit or application. 6. Permits 6.1 An application for a permit to cut a tree must be made by the owner in the form prescribed for that purpose from time to time by the Director, and must provide all of the information required herein. 6.2 A person who is not the owner may apply to cut a tree from land if the person provides the written consent of the owner of that land in the form prescribed for that purpose from time to time by the Director. 6.3 An applicant for a permit must pay the fee prescribed in Schedule A. 6.4 All applications for a permit to cut a tree must include the following: (c) (e) (f) (g) Address of the property or properties on which the tree proposed to be cut is located. A statement of purpose and rationale for the proposed tree cutting. A site plan of the property or properties illustrating property lines, topography, drainage, watercourses, vegetation and tree cover, existing and proposed grading, existing and proposed buildings, structures, roads and rights-of-way, and the locations, species and size (calliper and canopy) of all trees proposed to be cut and all retained trees. Details of the scale, methods and timing of the proposed tree cutting. Proposed methods to access the site, control erosion, manage runoff, and protect retained trees. Except as provided for under Subsection 6.8 and Section 6.13, a report from a qualified person assessing issues relating to trees on the property, certifying that the tree(s) proposed to be cut meet one or more of the conditions set out in Subsection 6.7, specifying any conditions under which the proposed tree cutting may take place, and including a Tree Replacement Plan if required under Subsection 6.5. In assessing conditions under which the proposed tree cutting may take place, the report should consider and recommend the appropriate extent, timing and phasing of tree cutting to address public health and safety issues, minimize impacts to adjacent properties, protect retained trees, or protect other environmental features or functions. For properties identified in the Corporation s Official Community Plan as being located in a Development Permit Area established for the purpose of protecting development from hazardous conditions, the applicant must also submit a

7 - 6 - report from an Engineer. The report must assess issues relating to slope stability, flooding and/or erosion on the property, certify that the proposed tree cutting will not destabilize slopes or cause flooding or erosion, and specify any conditions under which the proposed tree cutting may take place, including the appropriate extent, timing and phasing of the tree cutting, to address public health and safety issues, minimize impacts to adjacent properties, protect retained trees, or protect other environmental features or functions. 6.5 In addition to requirements set out in Subsection 6.4, applications for the removal of more than one tree in any 24 month period or, in the case of common property as defined by the Strata Property Act, more than one tree per 4,000 square metres in a 24- month period, must also include a proposed Tree Replacement Plan prepared by a qualified person indicating the number, location, species and size of replacement trees based on the replacement requirements set out in Section 8 of this Bylaw. 6.6 Where the base of a tree is located on more than one property, the application for a permit must be endorsed in writing by the owners of each property on which the tree is situated. 6.7 The Director will issue a permit in the form prescribed for that purpose from time to time if: He or she is satisfied that one or more of the following conditions exists: i. The tree is high or extreme risk as determined by a Certified Tree Risk Assessor, or dead or likely to die within the next six months as certified by a Qualified Person; or ii. The tree is located within the footprint of a proposed building, underground service, driveway, or off-street parking area that would be permitted under Delta s bylaws and that could not be modified or relocated on the property so as to retain the tree. The Director will determine, based on existing conditions and site constraints, if a proposed underground service, driveway, or off-street parking area could not be modified; or iii. The roots of the tree are interfering with, blocking or damaging a drain, storm or sewer system, or other underground utility, and the situation cannot reasonably be remedied through means such as the cleaning out of pipes or installation of root barriers; and (c) He or she has approved a Tree Replacement Plan if required under Section 8 and security has been provided in accordance with Section 9; and The applicant has paid the application fee set out is Schedule A; and All other conditions of this Bylaw have been met.

8 Notwithstanding Subsection 6.4 (f) and Subsection 6.7, and provided the owner pays the Corporation the amount specified as the single tree replacement fee in Schedule A, the Director will grant an owner a permit to cut one tree per 24 month period without requiring a report from a qualified person and without being satisfied that any of the conditions set out in Subsection 6.7 have been met, except that the one tree must not: Be a heritage tree so designated by the Corporation; or Be located on the steep sloped portion of land so designated in the Corporation s Official Community Plan; or (c) Be located within 30 metres of the top of bank of the Fraser River or within 15 metres of the top of bank of any other fish bearing stream; or (e) Be protected by a restrictive covenant or similar agreement registered on the title of the property; or Have been planted as a replacement tree as a condition of a previous permit; and provided that all other conditions of this bylaw have been met and that no other tree has been cut on the same property in the previous 24 month period. 6.9 Funds received under Subsection 6.8 and Section 6.9 shall be deposited into the Corporation s Cash In Lieu Trees CPD account Notwithstanding any provision of this Bylaw, the Director or Council may refuse to issue a permit if the issuance of that permit would be contrary to a covenant or similar agreement registered against the title of the property The Director may revoke a permit, by providing written notice to the owner, if any provision of this Bylaw or any permit condition is breached or the information on which the issuance of a permit was based is found to be incorrect. If a permit has been revoked, all tree cutting authorized by a permit must cease until the breach of the Bylaw or permit conditions has been remedied or the effect of the incorrect information has been accommodated in a permit s condition and the Director has withdrawn the revocation of a permit in writing Notwithstanding any provision of this Bylaw, the Director may not issue a permit if the applicant, owner, or business associated with the application has outstanding fees or fines owed to the Corporation Owners of common property as defined by the Strata Property Act, are entitled to cut one tree per 4,000 square metres in a 24-month period without requiring a report from a qualified person and without satisfying the conditions of Subsection 6.7, provided the owners pay to the Corporation the amount specified as the single tree replacement

9 - 8 - fee in Schedule A for each tree removed and submit a tree management plan demonstrating the property s commitment to tree maintenance, replacement and longterm planning to the satisfaction of the Director, except the trees to be removed must not: Be a heritage tree so designated by the Corporation; or Be located on the steep sloped portion of land so designated in the Corporation s Official Community Plan; or (c) Be located within 30 metres of the top of bank of the Fraser River or within 15 metres of the top of bank of any other fish bearing stream; or (e) Be protected by a restrictive covenant or similar agreement registered on the title of the property; or Have been planted as a replacement tree as a condition of a previous permit; and provided that all other conditions of this bylaw have been met and that no more than one tree per 4,000 square metres has been cut on the same property in the previous 24-month period. 7. Exemptions 7.1 A permit is not required to cut a tree if all or part of a tree: Has been severely damaged by a natural cause and is not, in the opinion of a Qualified Person, likely to survive; or Is in imminent danger of falling and causing injury to persons or to existing structures and the Corporation has been notified of the danger. A tree or the part of a tree that is affected may be cut notwithstanding any other provision of this Bylaw. The Director may require replacement trees as per Section 8 of this Bylaw if, in his or her opinion, the imminent danger described in Subsection 7.1 was caused by actions directly attributed to the owner or taken with the knowledge of the owner. For certainty, a tree cut under this subsection does not preclude another tree from being cut under the provisions of subsection 6.8 or Subsection 6.13 within the same 24 month period. 7.2 A permit is not required for the cutting of trees as a consequence of any of the following: The construction or maintenance of a public utility placed in or upon a public thoroughfare or public utility easement if such works have been approved by the Director and tree replacement provided.

10 - 9 - (c) The construction, widening, improvement, maintenance or repair of any highway, lane, street, bridge or other public thoroughfare if such works have been approved by the Director and tree replacement provided. The improvement or maintenance of any lands within the municipal parks system or on municipal streets or boulevards if such activities have been approved by the Director of Parks, Recreation and Culture or the Director, as appropriate, and tree replacement is provided. Any activity or works proposed to be taken by another government agency or public utility if the agency or utility has entered into a written agreement with the Corporation in respect of such activities or works, and such agreement sets out terms and conditions regarding tree cutting and replacement. 7.3 A permit is not required for the pruning of a tree in accordance with sound arboriculture practice. Sound arboriculture practice means tree planting, pruning and maintenance practices endorsed by the International Society of Arboriculture and does not include the lift pruning of lower limbs to the extent that branches on the bottom 30% of the total height of a tree are pruned or removed and shall not include the topping of a tree. 8. Replacement Trees 8.1 Subsections 8.2 to 8.7 apply if one or more trees have been cut in the current 24 month period, if more than one tree is proposed to be cut in the current 24 month period, if, in the case of common property as defined by the Strata Property Act, one or more trees per 4,000 square metres have been, or are proposed to be cut in the current 24 month period, or if under any other section of this bylaw a requirement for tree replacement is identified. 8.2 The owner must provide a Tree Replacement Plan prepared by a qualified person specifying the proposed number, location, species and size of replacement trees and a proposed maintenance regime. The Tree Replacement Plan is subject to approval by the Director and must address the following: The number of replacement trees must be recommended by a qualified person and must be based on accepted arboricultural principles for assessing and mitigating the loss of the trees values and functions. The Tree Replacement Plan must include a rationale for the proposed number of replacement trees, the number of which must not be less than two replacement trees for each tree cut or proposed to be cut. The replacement trees must be of the same species as the trees that have been cut or are proposed to be cut, or of a species recommended by a qualified person as being appropriate to the location.

11 (c) (e) (f) (g) The replacement trees must have a height of at least 3.0 metres in the case of coniferous species and in the case of deciduous species must have a caliper of at least 7.0 centimetres measured 1.4 metres above the base of the trees. Replacement trees must be planted at least 2.5 metres away from another tree and must meet minimum distances and clearances in relation to other features on the land as specified in the Delta Subdivision and Development Standards Bylaw No. 5100, 1994 as amended or replaced from time to time. If some or all of the replacement trees cannot be provided on the property on which the trees cut or proposed to be cut are located, or if trees of the required size or species are not available, the Tree Replacement Plan must specify alternatives. Subject to approval by the Director, the owner may provide to the Corporation an amount equal to the cost for the Corporation to purchase, plant and maintain the required number and type of replacement trees on a property owned by the Corporation and, in such cases, the owner would not be obligated to provide security or directly carry out these works subject to payment-in-lieu. Unless otherwise agreed to under Subsection 8.2 (e), replacement trees must be watered and maintained at the owner s expense, using practices appropriate to sustaining the health and viability of the tree, in perpetuity unless a permit to cut the replacement tree is obtained. For the purpose of determining security, if the replacement trees are required as a result of an offense under Subsection 10.2 of this Bylaw, the Tree Replacement Plan must also include an estimate of the cost of purchasing, planting and maintaining the replacement trees for a period of one year or a longer period of time if a longer period is recommended as part of the Tree Replacement Plan. 8.3 The Director may consider the circumstances of each application and may relax the requirements for replacement trees if the impacts of the tree cutting have been or will be otherwise mitigated to his or her satisfaction. However, the replacement ratio may not be reduced to an amount less than one replacement tree for each tree cut or proposed to be cut. 8.4 Any tree replacement required pursuant to this Bylaw shall be performed under the direction of a qualified person in accordance with American National Standards Institute (ANSI) A300, as amended or replaced from time to time, and in accordance with the approved Tree Replacement Plan and all terms and conditions of the permit. 8.5 If any replacement tree does not survive, the owner shall replace and maintain its replacement in accordance with Subsections 8.2 and The owner must provide security for each replacement tree in the amount specified as the replacement tree security in Schedule A.

12 Upon completion of the tree replacement, the owner must have a qualified person certify, in the form prescribed for that purpose from time to time by the Director, that the tree replacement has been completed in accordance with this Bylaw. 9. Permit Conditions 9.1 It is a condition of every permit issued pursuant to this Bylaw that the applicant: (c) Install protective barriers around retained trees prior to cutting trees in their vicinity in accordance with Schedule B. Dispose of trees and prunings by removing them from the site within 7 days of the tree cutting and taking them to an appropriate disposal site, or by storing them on site in accordance with Delta Property Enhancement Bylaw No. 7055, 2012, as amended or replaced from time to time. Plant and maintain replacement trees in accordance with the approved Tree Replacement Plan, if required under Section 8. Display or cause to be displayed, the permit on the property where the tree is being cut, at the time of the tree cutting, in a conspicuous place visible to the public and the permit must remain displayed until the completion of all work related to the tree cutting is complete. 9.2 Where security is required, it must be in the form of cash or an unconditional irrevocable letter of credit acceptable to the Director. Every letter of credit provided as security must either automatically renew or be replaced by the owner at least ten business days prior to its expiry, in default of which the Corporation may without notice draw on the then current letter of credit and hold the cash as security. 9.3 Security will be released upon a qualified person certifying, on a form prescribed for that purpose from time to time by the Director, that the replacement trees have been planted and maintained for a period of one year or a longer period of time if a longer period is recommended as part of the Tree Replacement Plan approved in accordance with this Bylaw. 9.4 Any security provided pursuant to this Bylaw may, on the owner s default in satisfying the terms and conditions of this Bylaw or any permit issued hereunder, be used by the Corporation to purchase, plant and maintain replacement trees. 9.5 In addition to the conditions set out herein, Council or the Director may impose conditions dealing with the extent, timing and phasing of tree cutting and replacement if such conditions are considered necessary to address public health and safety issues, minimize impacts to adjacent properties, or protect other environmental features or functions.

13 All permits issued pursuant to this bylaw shall be valid for a period of six months after which time a new application must be made for any tree cutting. 10. Inspections and Enforcement 10.1 The Bylaw Inspector may issue a Stop Work Order if any tree cutting is taking place without a permit or contrary to a permit or this Bylaw, or if any tree is being damaged in contravention of this Bylaw. Upon receipt of a Stop Work Order, the owner and all persons having notice of the Stop Work Order shall immediately cease the tree cutting or damaging activity and shall not resume unless authorized by the Director Notwithstanding any other penalties, the Director will require that the owner provide replacement trees for any tree that has been cut or damaged without a permit or contrary to a permit or this Bylaw, including replacement for any tree that has been damaged to the extent that, in the opinion of the Director, it is not likely to survive. The number, species and size of replacement trees will be determined by a qualified person employed or retained by the Corporation at the owner s expense, and will be set out in a Tree Replacement Plan prepared in accordance with Subsection 8.2, except that the replacement ratio must not be less than five replacement trees for each tree cut or damaged to the extent that it is not likely to survive If an owner does not comply with a requirement under Section 8 or Subsection 10.2 to plant and maintain replacement trees, the Bylaw Inspector may issue a written notice that the Corporation will be entitled to plant and maintain replacement trees at the owner s expense if the owner does not take the required action within 30 days of service of the notice. If the owner does not take the required action within the specified time, the Corporation, by its employees or others, may enter on the property and take the action at the expense of the owner, or may take action to plant and maintain an equivalent number of replacement trees at an off-site location at the expense of the owner In addition to penalties described in Subsections 10.2 and 10.3, and any other penalties provided for in this Bylaw, if an owner causes or permits one or more trees to be cut or damaged without a permit or contrary to a permit or this Bylaw, Council may, after consideration, reject or suspend applications for development with respect to the property for a period of 24 months from the date of cutting or damage to the tree or trees Where in this Bylaw any activity, matter or thing is required to be done by any person, or is prohibited, in default of it being done or remedied by such person, such activity, matter or thing may be done by the Corporation at the expense of the person in default, and the expense may be recovered from the person as a debt owing to the Corporation. Without limiting the foregoing, where the Corporation provides work or service in relation to land or improvements, any costs incurred by the Corporation that are not recovered from the owner by December 31 may be collected in the same manner as for property taxes.

14 Neither failure to enforce this Bylaw, nor any error, omission, or other neglect in relation to the enforcement of this Bylaw, shall be interpreted as giving rise to a cause of action in favour of any person Any fees assessed by the Corporation under this Bylaw that are unpaid by the owner by December 31 may be collected in the same manner as for property taxes. 11. Offence 11.1 A person who: contravenes, violates or fails to comply with any provision of this Bylaw; suffers or allows any act or thing to be done in contravention of this Bylaw; or (c) fails or neglects to do anything required to be done under this Bylaw; commits an offence and upon conviction shall be liable to a fine of not more than Ten Thousand Dollars ($10,000.00), and where the offence is a continuing one, each day that the offence is continued shall constitute a separate offence This Bylaw may be enforced: by a Peace Officer or Bylaw Inspector; by means of a ticket in the form prescribed for the purpose under the Community Charter, and fines imposed for offences under The Corporation of Delta Municipal Ticketing Information Bylaw No.6639, 2007, as amended; (c) by proceedings brought under the Offence Act; or by means of a bylaw notice as authorized by the Local Government Bylaw Notice Enforcement Act and fines imposed for offences under Delta Bylaw Notice Enforcement Bylaw No. 7009, 2011, as amended A Peace Officer or Bylaw Inspector may refer any disputed tickets under 11.2 to the Provincial Court and may represent the Corporation in any related proceedings Each tree that is cut or damaged contrary to this Bylaw, or not replaced or maintained in accordance with a permit issued pursuant to this Bylaw, constitutes a separate offence. 12. Compliance with other Enactments

15 The owner is responsible for compliance with all other enactments or covenants. The Corporation makes no representation that an owner who obtains a permit to cut a tree or trees pursuant to this Bylaw is exempt from or has satisfied any other enactment or covenant. 13. Severability If any provision of this Bylaw is held to be invalid by the decision of any Court of competent jurisdiction, such invalidity shall not affect the validity of the remaining parts of this Bylaw or the Bylaw as a whole. 14. Schedules Schedules A and B form part of this Bylaw. 15. Repeal Delta Tree Cutting Regulation Bylaw No. 6336, 2006, and all amendments thereto, is repealed. READ A FIRST TIME the 25 th day of May, READ A SECOND TIME the 25 th day of May, READ A THIRD TIME the 25 th day of May, FINALLY CONSIDERED AND ADOPTED the 27 th day of May, "Lois E. Jackson" Lois E. Jackson Mayor "Sandra MacFarlane" Sandra MacFarlane Deputy Municipal Clerk

16 SCHEDULE A Fees Single Trees 1. First application for cutting of single tree, or, in the case of a multi-family property, a single tree per 4,000 m2, within a 24-month period: - Single tree replacement fee required for each tree to be removed 2. Subsequent application for cutting tree(s) within a 24-month period: 3. Single tree replacement fee No charge $50.00 application fee plus $25.00 per tree to be cut $ plus GST 4. Replacement tree security $ per replacement tree

17 SCHEDULE B Specification for Tree Protection Barriers Notes: 1. A protective barrier must be installed around every tree to be retained prior to the work commencing onsite, and that barrier must remain intact until the Director has authorized its removal. 2. Maintenance of trees that are to remain must include watering. 3. Any excavation adjacent to the protective barrier must be done by hand. 4. Maintenance of trees that are to remain must include watering but will not include any cutting or pruning of branches or roots unless approved by the Director. 5. The dimensions of the protective barrier must be equal to the extent of the drip line, or 30 cm per every 2.5 cm of tree caliper, whichever is greater. 6. Measurements in relation to tree caliper must be taken at the base of the tree.

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