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Petition for Revision to Burnaby Tree Bylaw 1996

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OVERVIEW:

DID YOU KNOW that in the development of existing residential properties — EXCEPT for a period of 15 months plus the time required to demolish existing buildings and construct new buildings on those properties — the City of Burnaby's current bylaws allow owners and developers the right to the indiscriminate and UNREGULATED cutting down, damaging, and otherwise killing of ANY AND ALL TREES† — including so-called "PROTECTED" trees* — located on residential lots, AT ANY TIME, regardless of their size, health, location, or viability?

DID YOU KNOW that this practice lies in stark contrast to bylaws existent in the large majority of surrounding municipalities in the Lower Mainland, which require approval by means of issued permits by legislating authorities before any cutting down or damaging of protected trees may occur, AT ANY TIME?

WE DIDN'T, until a developer blatantly cleared ALL EXISTENT TREES from a well-kept, recently sold neighbouring lot in our community — and, as concerned neighbours, THERE WAS ABSOLUTELY NOTHING WE COULD DO ABOUT IT — other than to helplessly watch ... and despair.

HAVE YOU, as Burnaby residents, ever experienced the same? Would you care to do so in the very near future?

FYI, this is a COMMON PRACTICE, particularly on smaller residential developments, primarily to save the time, money, and effort required in physically protecting existing trees and their associated root structures in the process of excavating, and otherwise accessing properties during construction — and as would be required less than THREE MONTHS PRIOR to a demolition permit being applied for, and after a mandatory tree plan is forwarded to planning authorities.

We, as concerned citizens of Burnaby, believe that in the interest of preserving the natural essence and beauty afforded by the many large trees that currently exist throughout the residential areas of the City of Burnaby, and those which are primarily valued and appreciated by its respective citizens, CITY OF BURNABY BYLAW NO. 10482, subsection 4(g), which allows the unrestricted negation of this interest, should be repealed, and removed from the existing Bylaw.

Our primary concern with CITY OF BURNABY BYLAW NO. 10482 (also cited as Burnaby Tree Bylaw 1996) is in its allowance of residential property owners and their developers to cut down essentially ANY TREES† on properties with existing buildings, regardless of a tree's size, state of health, location, or feasibility of retention ― including those designated in this Bylaw as "protected"* — AT ANY TIME, EXCEPT DURING A PERIOD OF NEW BUILDING DEVELOPMENT, as defined in subsection 4(g) of Burnaby Tree Bylaw 1996, and as quoted in the petition below.

Effectively, this results in VIRTUALLY NO RESTRICTIONS on residential property owners and their developers IN CUTTING DOWN AND REMOVING ANY TREES SITUATED ON THEIR LOTS — INCLUDING LARGE, HEALTHY TREES — ANY TIME UP TO THREE MONTHS BEFORE APPLYING TO DEMOLISH EXISTING BUILDINGS, AND ANY TIME AFTER ONE YEAR FROM WHEN THEY MAY OCCUPY NEWLY CONSTRUCTED BUILDINGS.

This unique City of Burnaby allowance, largely to the benefit of residential property developers, lies in stark contrast to the bylaws protecting large healthy trees effective in the majority of surrounding metropolitan areas, including Vancouver, Richmond, Delta, and Surrey,* which require tree cutting permits AT ALL TIMES.

† Except for some provincially legislated, protected species.

* "Protected" trees are essentially defined in respective bylaws as healthy trees measuring at least 20 cm (8 inches) in diameter (at a height of 1.4 m above their bases), except for Surrey's, which defines the same as measuring at least 30 cm (11-3/4 inches) in diameter.

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Please feel free to contact any of your colleagues who are Burnaby residents, and who may share our concerns.

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Thank you for your consideration.



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PETITION FOR REVISION TO BURNABY TREE BYLAW 1996

We, the undersigned, are opposed to a specific section of the existing CITY OF BURNABY BYLAW NO. 10482, also cited as Burnaby Tree Bylaw 1996, a bylaw to regulate the removal and damaging of trees.

We are requesting that all protected trees (a "protected" tree being defined in section 2(o)(i) as "a tree located on a residential lot, with a diameter of which is greater than 20.3 cm (8 in.)") be subject to the issuance of a tree cutting permit AT ANY TIME before such trees may be cut down ("cut down" being defined in section 2(e) as "to cut down, remove or kill a tree by any means").

We are requesting that section 4(g) of the Burnaby Tree Bylaw 1996: 

4. A tree cutting permit is not required:

(g) to cut down a protected tree as defined in section 2(o)(i) or 2(o)(v)* on any lot on which there is an existing residential dwelling at any time after one year from the date on which an occupancy permit was issued for that dwelling and at least three (3) months before a demolition permit for that dwelling or a building permit for a new residential dwelling is applied for.  [italic emphasis added]

be repealed, and thereby that any protected tree, AT ANY TIME, will be subject to the issuance of a tree cutting permit, as otherwise defined in this Bylaw, before it may be cut down.

* Section 2(o)(v) refers to a "replacement tree", that which is defined in section 2(q) as "a tree that is planted pursuant to a tree cutting permit or a notice issued under section 15"; section 15(1) defines that "A person who cuts down a protected tree in contravention of this Bylaw, or who damages a protected tree in contravention of this Bylaw which results in the protected tree being cut down shall ... upon receiving written notice from the Director Planning to do so, immediately plant a replacement tree of the same species in approximately the same location as the tree cut down."

 

Sponsor

Thomas Chan

Links

City of Burnaby - Bylaw No. 10482 - PDF Document   http://www.city.burnaby.bc.ca/__shared/assets/Environmental_-_Tree_Bylaw3120.pdf

 

City of Burnaby - Tree Guidelines   http://www.city.burnaby.bc.ca/cityhall/departments/departments_building/bldng_artcls/bldng_artcls_trgdln.html

 

Vancouver Sun News Article (April 2, 2011):  'How Do We Achieve an Urban Forest?', by Steve Whysall   http://www.vancouversun.com/technology/achieve+urban+forest/4548798/story.html

 

Burnaby Now News Article (July 7, 2010):  'The changing face of the South Slope', by Janaya Fuller-Evans   http://www.burnabynow.com/technology/changing+face+South+Slope/3245643/story.html

 

Burnaby Now News Article (April 20, 2011):  'City gets failing grade over tree protection', by Janaya Fuller-Evans   http://www.burnabynow.com/news/City+gets+failing+grade+over+tree+protection/4646828/story.html

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