SUPPORTS ITEM NO. 1(b) P&E COMMITTEE AGENDA JULY 11, 1996 POLICY REPORT Development and Building Date: June 13, 1996 Dept. File No. MvH TO: Standing Committee on Planning & Environment FROM: Director of Land Use & Development, in consultation with the Directors of Permits & Licenses and Legal Services, Comptroller of Budgets & Research, Manager of Facilities Development, General Managers of Human Resource Services, Board of Parks & Recreation and Engineering Services. SUBJECT: Amendment of the Private Property Tree By-law to Protect Significant Trees RECOMMENDATIONS A. THAT the amendments to the existing Private Property Tree By-law, as summarized in Appendix A, be approved; B. THAT the tree permit fees, shown as proposed fees in Appendix B, be approved; C. THAT the maximum fine be increased from $2,000 to $5,000 for an offence against the Private Property Tree By-law; D. THAT the establishment of four regular full-time positions be approved for the Community Services Group, subject to position evaluation by the Manager of Human Resource Services, at an annual cost of $205,100 as noted in Appendix B, subject to cost recovery per RECOMMENDATION F below; E. THAT funding in the amount of $57,800 for new and non-recurring costs be approved as noted in Appendix B, source of funds to be Contingency Reserve; F. THAT $143,600 of the $205,100 in new annual costs referred to in RECOMMENDATION D be recovered through an estimated 7% increase in development permit application fees, as laid out in Appendix B. The remaining $61,500 of new annual costs will be recovered to the extent possible through tree permit fees; - 2 - G. THAT the Manager of Facilities Development be requested to undertake the space renovations to accommodate the additional staff, assuming an upset cost of $20,000, as part of the $57,800 funding request under RECOMMENDATION E; H. THAT the housekeeping amendments to the existing Private Property Tree By-law, as summarized in Appendix D, be approved; and I. THAT the Director of Legal Services be instructed to bring forward the necessary by-law amendments. GENERAL MANAGER'S COMMENTS The General Manager of Community Services RECOMMENDS approval of the foregoing. COUNCIL POLICY On February 3, 1994, Council resolved that during the term of the 1994-1996 Budget Management Program, any proposed increase in programs and/or services be offset by corresponding spending reductions elsewhere in the City's operating budget or by increases in non-taxation revenues, subject to Council discretion. SUMMARY This report recommends that: - the existing Private Property Tree By-law be amended to require a tree permit to remove all significant trees, except in emergency situations; - the development permit fees be increased and tree permit fees be introduced through the required by-law amendments; - three new technical positions and one clerical position in the Community Services Group be approved to implement a tree removal permitting program and that associated increases in operating costs be partially cost-recovered through an increase in development permit fees and, to the extent possible, the balance be recovered through the introduction of tree permit fees; and - Facilities Development undertake the space renovations for the proposed new staff. - 3 - PURPOSE This report responds to a request from Council to report back on options to protect significant trees that do not have to be removed as a result of development. Council specifically requested that the report include the personnel and administrative implications, especially in light of the earlier recommendations set out in the September 12, 1994 report to Council. This report details the staffing and financial implications of recommended Option 3 and is a companion report to the main options report. BACKGROUND On February 1, 1996, Council requested staff to report back on options to protect significant trees that do not have to be removed as a result of new development. DISCUSSION Current Staffing and Service Until 1994, the tree regulations were primarily administered by three full-time staff within the Planning Department: one Senior Landscape Architect and two Landscape Architectural Technicians. In 1992, the equivalent of one Building Inspector was added in Permits & Licenses to ensure that tree protection barriers were erected and maintained throughout construction around private property and City boulevard trees that were to be retained. These protective measures have proven very helpful and very visible symbols of the tree program. On October 21, 1994, Council approved an additional Landscape Architectural Technician position considered essential to continuing to provide a desirable level of service and to maintain the level of tree regulation. The administration of the tree regulation had proven more labour-intensive than anticipated for the Landscape Architectural Technicians, especially with the addition of development application landscape review requirements for RS-5 and RS-3 zones. The Senior Landscape Architect was also consumed with developing general landscape policy, reviewing major development applications, overseeing and streamlining tree regulations and review, as well as undertaking special projects such as, the Tree Voucher Program, Greenways, and overseeing the implementation of various Downtown Streetscape Guidelines. - 4 Projected Staff Requirements Under the Amended By-law The preferred Option 3, including the accompanying tree permitting process, will require the addition of four positions. It is very hard to estimate the exact workload but it is anticipated that two Landscape Architectural Technicians will take care of tree permitting and public information at the counter, while the Landscape Inspector position will be required to inspect sites and ensure conformance to the By-law. The Correspondence Clerk position will co-ordinate enforcement correspondence relating to tree permits and Tree Plans. These four positions will not only fulfil the immediate demands of the tree permitting process but will also complement existing roles that are noticeably deficient, including minor and major development application site inspections and public information. The Landscape Architectural Technicians will be responsible for coordinating and administering the tree permit process including reviewing Arborists' Reports, issuing tree permits, negotiating tree retention in special circumstances and ensuring appropriate inspections in response to complaints and violations. In addition to the tree permit administration, the Landscape Architectural Technicians will promote public awareness and education of tree retention and management in the city. This will include internal information for inspectors and an external public information program to introduce the By-law amendments. It will also include providing more timely information through the addition of a tree hot-line connected to the main landscape review counter and supporting the volunteer Neighbourhood Tree Advocacy Program discussed later under Administrative Procedures. This role has been sorely lacking to date due to resources. The Landscape Inspector will be the specialized landscape site inspector and will carry out inspections throughout the city. The Landscape Inspector will focus not only on verifying tree conditions associated with tree permits but will also be responsible for other landscape inspections associated with Tree Plan and development applications. At present, staff only inspect an estimated 25% of the sites that they review. This is normally only prior to approval and rarely involves any final site inspections verifying compliance with the approved plans. Building and Property Use Inspectors carry out construction inspections but are not normally trained or qualified in landscape construction. - 5 - The Landscape Inspector will add a necessary specialized complement to the Property Use Inspectors that will help ensure compliance with the approved plans during construction. The Landscape Inspector will also address numerous "emergency" type calls that require immediate attention that cannot be adequately addressed with staffing levels at the present time. These have included "911" calls and count for the most frequent and crisis type calls, according to reception within the Planning Department. Hopefully, with the new tree permitting process, these crisis type calls will be reduced, but in the interim period we can expect some of them to continue as the new measures are introduced to the community. It is very hard to estimate any other staffing implications as a result of the added tree permitting process. The earlier similar option of the September 1994 Council report included additional clerks and legal assistance. Considering the reduction in estimated tree permits, in combination with permit processing and inspections handled primarily by the landscape staff, it is estimated that only one Correspondence Clerk will be required. This clerk will handle enforcement notices and other correspondence. Board of Variance appeals are difficult to estimate. Over the past five years, no Tree By-law related appeals have been heard by the Board of Variance but this could change with the additional restrictions. At this point, no additional staff are recommended. It is estimated that the involvement of Legal Services will involve one or two exceptional cases each year based on the experience of the District of Saanich and the City of Toronto. It is assumed that this would fall within Legal Services' normal case load and that no additional staff would be required at this time. Administrative Procedures As outlined in preferred Option 3, much of the onus will be on the applicant to complete the tree assessment under the guidance of a landscape professional. Staff's role would be administering and issuing the permit and ensuring that the regulations are respected through inspections. The method of administering the tree permit process is outlined in Appendix C. Public education and awareness are also critical components of this program which will take considerable time. Supporting programs, like the addition of a tree telephone hot-line and a Neighbourhood Tree Advocacy Program will further support community involvement. The Neighbourhood Tree Advocacy Program would be organized and operated on a volunteer basis by neighbourhoods across the city to encourage tree planting and proper tree care. Only the telephone hot-line, which will be connected to the main landscape review counter, will require city staffing and that will be covered by the new Landscape Architectural Technicians. - 6 - With the enactment of the amended Private Tree By-law, further adjustment will most probably be required as refinements in response to the landscape industry and experience with administering the By-law. Enforcement Enforcement under the current and previous tree regulations has been problematic and time consuming, requiring further inspections by Permits & Licenses and Planning Staff. Negotiations have resulted in less than desirable solutions in many cases with every effort made to retain or relocate trees where possible. Consulting Arborists have greatly assisted in helping assess these situations and will continue to do so under the proposed amendments. It is unknown at this point as to how much the degree and amount of enforcement activities will increase with the recommended tree permitting process added to tree regulations. The addition of the Landscape Inspector is to partially compensate for the increase related to these demands and to fill in other noticeably deficient areas of existing landscape inspections. It is recommended that the present fine maximum of $2,000 for Tree By-law violations be increased to $5,000 to allow for more significant penalties. Financial Implications Council has a policy that all proposed increase in programs be offset by corresponding reductions or by increase in non-taxation revenues. The additional tree program costs identified in this report in Appendix B are proposed to be partially recovered by an estimated 7% increase in Development Permit fees based on the 1996 budget of $2 million. The balance of $61,500, or approximately 30%, will be recovered to the extent possible through the tree permit fees. Any shortfalls will represent an increase in costs to the operating budget. Increase in Development Fees is only part of the consideration in this case, as the increase in program costs will split between development (70%) and non-development applicants (30%). At present, there appears to be no additional space in the Development Information and Application Centre area where the new personnel should be located. In fact, two existing Landscape and Tree By-law staff are presently located on a different floor due primarily to the shortage of space. Some reorganization of space on the second floor of the east wing will be required to accommodate the additional two Landscape Architectural Technicians. The Landscape Inspector will be located within the Property Use Inspectors' area on the Second Floor. The Correspondence Clerk will be located within the Correspondence area of Permits & Licenses on the Second Floor. Renovation costs will be kept to a minimum in the light of the re-engineering process currently underway. The costs for the space renovations to accommodate the four new positions will not exceed $20,000. - 7 - CONCLUSION The recommended addition of four positions and subsequent enactment of the amendments to the Private Property Tree By-law, coinciding with the recommended Option 3, will provide the necessary resources and legislative amendments to start to protect and recognize significant trees in the city that do not have to be removed. In so doing, it will help preserve and enhance neighbourhood character, streetscape quality and valued trees in our urban forest. These changes to the tree program will also help to increase the awareness and environmental benefits of trees to the citizens of Vancouver. The proposed program costs will be partially recoverable through an increase in development permit fees. The balance will be recoverable to the extent of the tree permit fee revenues. * * * * * APPENDIX B Page 1 of 11 COSTS FOR PROPOSED PRIVATE PROPERTY TREE BY-LAW AMENDMENT STAFFING Unit Cost 2 Landscape Architectural Technicians (PG 23-3) $ 98,400 1 Landscape Inspector (PG 23-3) 49,200 1 Correspondence Clerk (PG 19-3) 41,800 1 Clerical vacation relief 2,100 Sub-Total Staffing Costs $191,500 OPERATING COSTS Printing (design and printing of brochure) $ 1,000 Auto Allowance ($350 x 12 months) 4,200 Telephones 3,600 (3 x $1,000; hotline = $300; 1 x $300) Miscellaneous (supplies and services) 1,000 Training (for 3 staff) 3,800 Sub-Total Operating Costs $ 13,600 TOTAL STAFFING AND OPERATING COSTS $205,100 NEW AND NON-RECURRING COSTS Furniture (desks, chairs, filing cabinets, etc.) $ 12,400 ($3,300 x 3, plus $2,500 x 1) Computer Equipment 25,400 (2 x $5,200, plus 2 x $7,500 - new image enabling systems) Space renovations to accommodate new staff $ 20,000 Sub-total New and Non-Recurring 57,800 TOTAL PROGRAM COSTS $262,900 Costs recoverable (excluding new and non-recurring) through Development Permit Fees (estimated 70%) $143,600 (estimated increase of 7% based on $2.0 million estimate for 1996) Balance of the program costs of $99,300 will be recovered to the extent of the tree permit fees estimated on page 2 of this appendix. DESCRIPTION OF RECOMMENDED ADDITIONAL POSITIONS 4 Positions: 2 Landscape Architectural Technicians, 1 Landscape Inspector, and 1 Correspondence Clerk in the Community Services Group. A minimum of four additional positions are required to undertake the administrative and inspection requirements of the tree permitting additions to the existing Private Property Tree By-law, noting that the current staff of three Landscape Architectural Technicians is considered inadequate to administer the amended by-law in addition to their other duties. The additional two Landscape Architectural Technicians' positions would process and review tree permits, as well as answer enquiries resulting from additional applications and existing applications. The third position, Landscape Inspector, would undertake spot inspections on tree permit sites, and undertake the inspections regarding development application landscape work that is not currently being completed due to workloads. The Correspondence Clerk, the fourth position, would co-ordinate enforcement correspondence relating to tree permits. Note: The Canadian Union of Public Employees, Local 15 has been provided with a copy of this report. APPENDIX B ESTIMATED TREE PERMIT REVENUE Page 2 of 11 Est. # Proposed of Permits Est. 1. Application for a permit to remove a tree Fee Note 1) Revenue (1,000 permits, 2,000 trees) - First tree on site $50 1,400 $70,000 - Each additional tree on site $20 600 $12,000 2. Amendment to a tree permit This includes the location of the replacement tree, number of replacement trees, or number of trees to be removed from the site a) Amendment to tree permit issued concurrently with a development application, building permit application or a joint permit application $50 140 $ 7,000 b) Amendment to a non-development application no charge 0 3. Extension to a tree permit $50 50 $ 2,500 TOTAL ESTIMATED PERMIT REVENUES $91,500 NOTES: 1. Estimated number of tree permits It isvery hardto estimatethe numberof treepermits. Between 2,000and 3,000trees are removedeach yearby treeremoval companiesin Vancouver. Anaverage of2trees areremovedfrom eachsite, therefore,1,000to1,500 permitsmaybe required. However, only those trees that are within the building envelope, dead, dying, hazardous orconflicting withsite servicingmay beremoved. Therefore,the totalnumber of permitsmightbeas lowas500, orbeashighas 1,500,dependentonthevolume and types of applications. 2. Amendment Fee Thisfee isbased onthe averageamendment feesofTree Plansin accordancewith the Development PermitBy-law. Theamendment without site inspectionis $50.00. Site inspections andassessments arenon-recoverable inaccordance withBill77. 3. Fine Revenues Fine revenues would be collected by Provincial Courts, and therefore, are not included in potential City revenue. SUMMARY OF PROPOSED AMENDMENTS TO THE PRIVATE PROPERTY TREE BY-LAW DEFINITIONS 2. (Addition) Tree Permit means a permit issued by the Director of Planning granting permission to remove a tree. Intent To include a permit process which allows for the removal of a tree only under conditions specified in the new "Permits" section. TREE PLANS 5. (Deletion) Each tree proposed to be removed as a consequence of development must be replaced by one or more replacement trees selected from Schedule A except that the combined number of retained trees and replacement trees need not exceed the maximum number computed using Schedule B. Intent To ensure that all trees removed require a replacement tree. 6. (Addition) For the purposes of computing the number of trees in order to satisfy the requirements of Section 5, the following cannot be counted as a tree or retained tree. Intent To include all trees. PROHIBITIONS 10. (Addition) (a) No person shall remove a tree without first obtaining a tree permit. Intent To ensure that a tree permit is required to remove a tree. 11. (Addition) No person shall (a) light a fire within the drip line of a tree, a retained tree, or a replacement tree. (b) remove bark from a tree, a retained tree, or a replacement tree, or (c) cause any other damage to a tree, a retained tree, or a replacement tree. Intent To protect trees on private property which are not associated with development. PERMITS (Addition of Section) The owner of any property may apply for a permit to remove one or more trees from such property. the Director of Planning, being satisfied that at least one of the following conditions exist, may grant a permit if: (a) the tree is located within the building envelope; or (b) the tree is dead or dying; or (c) the tree is interfering with, or in such close proximity to utility wires as to be a danger, and cannot be pruned and still maintain the health or reasonable appearance of the tree; or (d) the roots of the tree are interfering with, blocking or damaging a drainage or sewer system. Intent To clarify that the development applicants are not restricted in their right to develop the property. Further, to allow for the removal trees in special circumstances which considers the health, safety and welfare of the general public, and which also allows reasonable use and access to private property. (Addition) A non-refundable tree permit application fee of $50.00 for the first tree, and $20.00 for each additional tree, will be charged for an application to remove a tree or trees. Intent To provide cost recovery, to the extent possible, for the administration of the tree permitting process. EMERGENCY REMOVAL 23. (Addition) If all or part of a tree, a retained tree or a replacement tree (a) has been severely damaged by a natural cause and is not, in the opinion of the Director of Planning, likely to survive, or (b) is imminent danger of falling and causing injury to persons or property, the tree or the part of it that is affected may be removed notwithstanding any other provision of this By-law. Intent To include all trees. ORDERS 27. (Addition) (c) discontinue doing anything that is in contravention of any term or condition of a tree plan, tree permit, or another plan showing trees which was approved in conjunction with or forms part of a development permit or a building permit, or (d) carry out any work or do anything to bring any land into conformity with any terms and conditions of a tree plan, tree permit, or any other plan showing trees which was approved in conjunction with or forms part of a development permit or a building permit. Intent To include the tree permit process. OFFENSES AND PENALTIES 28. (Addition and Deletion) (2) Every person who commits an offence against this By-law is liable to a fine and penalty of not more than $2,000.00 $5,000.00 and not less than $75.00 for each offence or, in the alternative, to imprisonment for any period not exceeding two months. Intent To increase the maximum fine for violation of the By-law. PROPOSED TREE PERMIT ADMINISTRATION PROCEDURE Introduction This tree permitting process would allow broad tree protection powers but would largely transfer initial tree assessment for compliance with the by-law and subsequent inspections, from civic staff to the private sector. This option would make the removal of mature trees illegal except where a permit to remove a tree is issued. This would require an assessment by a Certified Arborist concluding that the tree meets criteria for removal as laid out in the By-law. Proposed Administrative Procedures for Draft By-law The following procedure is in draft form. It will be further refined prior to By-law enactment and revised as necessary thereafter. Although financial securities can be taken, we expect that the majority will respect the provisions of this new by-law. Therefore, financial securities will initially not be used except under certain circumstances. a) Forms Required The following forms will be required: - Tree Application/Information Form; - tree permit (removal with replacement tree conditions, application abandonment, withdrawal or cancellation); - Minor Amendment form (currently used); - Arborist's Standard Report Form (includes generic site map to indicate general location of tree proposed for removal); and, - Tree Installer's Assurance Form (includes generic site map to indicate general location of replacement tree). b) For Tree Removal Requests Only (No Development Intentions) A. Issuance (Any part of this procedure, where appropriate, can be executed by mail or facsimile.) 1. Applicant arrives at 2nd floor reception. 2. Receptionist provides applicant with information sheet/tree removal permit application to be filled out as the applicant awaits his/her name to be called by Landscape Architectural Technician. 3. Applicant is called to Tree Landscape Counter where: - information is provided if requested; or, - application is reviewed for completeness (i.e., includes Arborist's report on a standard form issued by the City, with plan showing subject tree(s) and replacement tree(s)). 4(a) If complete and in order, Landscape Architectural Technician stamps the information form/application of permit issuance and types the information on the permit and issues it for payment. or 4(b) If complete but for some reason it is decided to conduct a site visit (due to questionable arborist's report or just as a random check), the Landscape Architectural Technician sends the applicant to the cashier for payment on the understanding that the tree permit or tree refusal will be mailed to them subsequent to further review. The tree permit information would be typed into the computer by the Landscape Architectural Technician and issued for payment. or 4(c) If the Arborist's report (or follow-up inspection) indicates the subject tree does not meet the City's criteria for tree removal, the prospective applicant is informed that the City will not issue a tree permit. (The applicant would not pay in this case but it is unlikely that someone would attempt to get a permit where the Arborist has not recommended that the tree be removed.) 5. The applicant pays the permit fee to the Cashier prior to being issued the approved tree permit by the Landscape Architectural Technician. 6. Copies of the permit and any required tree protection notices are issued to the owner/applicant; a file copy goes to the Permits & Licenses central address file; a copy is transferred onto the PALS and/or PRISM system; and, a copy to the Landscape Architectural Technicians who are responsible for initial confirmation of work conducted. 7. Tree installer or arborist sends in confirmation of the tree being planted, on a standard form provided by the City, which includes a plan showing general location of the tree on the lot, size and species. If satisfactory, permit is closed. Spot checks will be used to ensure level of compliance with this aspect. 8. The tree replacement conditions will have to be satisfied within 6 months of issuance so the computer will notify the Information Clerk of any uncleared permits automatically. The Clerk will then send out a standard form letter to the owner/applicant reminding them of the obligation to provide a replacement tree by the required date. If not, the applicant can apply for an extension to the permit. 9. If there is no response (i.e., a confirmation form is not submitted after notice being sent) the matter will be referred to the Permits & Licenses Correspondence Branch for enforcement. It is most likely that a Landscape Architect would inspect the site prior to referring it for enforcement. B. Amendment Permit amendment is not required unless the applicant wishes to apply for an extension to the permit. Any other changes made will be indicated on the assurance form submitted. Any subsequent requests to change a replacement tree required by by-law will be subject to a new application for a tree permit. (c) Tree Removal Requests Tied to Outright Development Proposals, Combined Development and Building Permits A. Issuance 1-4 As above except information is included on the required site plan and legal survey (current practice). 5. Applicant waits to be called to Screeners' Desk. 6. tree permit and Combined Development and Building Permit fees paid and permits issued concurrently, including any required Tree Protection Notices. (Trees cannot be removed until demolition permit is issued.) 7. tree permit must be closed within 6 months of issuance of final inspection or issuance of an occupancy permit by the District Building Inspector. B. Amendment 1. Applicant checks in with Receptionist. 2. Landscape Architectural Technician or Information Clerk calls applicant. 3. Landscape Architectural Technician or Information Clerk revises permit drawings. 4. Permits & Licenses Screeners write receipt for revisions fee. 5. Applicant pays cashier. 6. Revised drawings sent to microfilming and memo sent to District Building Inspector. (d) Tree Removal Requests Tied to "Conditional" Development Proposals (Development Permits) A. Issuance 1-3 As above except information is included on the required site plan and legal survey (current practice). Photo boards may be submitted with the application. 4. If complete and in order, Landscape Architectural Technician or Information Clerk stamps the drawings for acceptance of submission. 5. Applicant waits to be called to Zoning Counter. 6. tree permit and building permit fees paid and both permits issued concurrently, including any required tree protection notices. (Trees cannot be removed until demolition permit is issued). 7. tree permit must be closed within 6 months of issuance of final inspection or issuance of an occupancy permit by the District Building Inspector. B. Amendment 1. Applicant checks in with Receptionist. 2. Landscape Architectural Technician calls applicant to check application for minor amendment. 3. Applicant submits Minor Amendment Form and revised drawings with fee. 4. Application is referred to Landscape Architectural Technician for processing. 5. Application approved or refused. Violations and Complaints (No Applicant) The Landscape Architectural Technicians or the Landscape Inspector in the Planning Department will be the staff primarily responsible to respond to complaints of violations in the field. This will include a site inspection after confirming that the removals underway were not permitted. Where the Landscape Inspector or another Landscape Architectural Technician cannot respond in a timely fashion, Property Use Inspectors in the Permits & Licenses Department will respond. Another potential concern with violations and complaints is that removals without permit may occur on weekends when City offices are closed. Even where removals are being conducted with permits on a weekend, neighbours may be frustrated at not being able to check the status of these removals with civic staff, and to report any work being conducted without a permit. The Director of Planning will seek solutions, such as reorganizing existing staff resources, to remedy these problems if they arise. APPENDIX D TREE BY-LAW NO. 7347 HOUSEKEEPING CHANGES 1. Reference to the Director of Permits in Schedule D should be "City Building Inspector" as throughout the by-law. 2. In Table A, the word Spruce should be part of the common name, not the botanical name. 3. In Table B, the first word Magnolia should be part of the common name. 4. In Table C, the size for Purple Leaf Plum should be 6 cm, not 6 m. 5. In Table C, False Cypress is written as one word; it should be two. Also, to make it consistent with Table B, False Cypress should come under the heading of Cypress. 6. In Table C, English Holly should be 3.5 m. 7. In Table A, Umbrella Pine should be 3.0 m. 8. In section 17, add "the required sideyard of" between "into" and "the site". HAU\011-4344