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HomeMy WebLinkAboutPLN 02-24Report to Executive Committee Report Number: PLN 02-24 Date: January 8, 2024 From: Kyle Bentley Director, City Development & CBO Subject: Tree Protection By-law Update Response to Council Resolution #333/23 on Report PLN 37-23 (the Phase 3 Recommendation Report) - File: D-1100-104 Recommendation: 1. That Council approve the new modernized Tree Protection By-law, as set out in Appendix I to Report PLN 02-24; 2. That Council approve an amendment to the General Municipal Fees & Charges By-law 6191/03, as amended, as set out in Appendix II, to implement the modernized Tree Protection By-law; and 3. That the appropriate City of Pickering officials be given authority to take the necessary actions to give effect thereto. Executive Summary: In September 2020, the Infill & Replacement Housing in Established Neighbourhoods Study concluded resulting in a Council directive to City staff to investigate and report back on the implementation of a by-law for the protection of trees on all private property. A process commenced which included a review of existing policies, by-laws, legislation, and best practices regarding tree protection, with City staff reporting back to Council in May 2022. At that time, Council authorized staff to undertake a process to amend the existing Tree Protection By-law. Early in 2023, Council reaffirmed its position by passing a motion that directed City staff to prepare a new draft Tree Protection By-law for all lands in Pickering. A staff corporate working group, having undertaken consultation with numerous stakeholders at various events through the year, prepared a new Tree Protection By-law, with updated terminology, definitions, and fines. It would protect trees of a size, equal to, or greater than, 2.5 centimetres in diameter at breast height, on lands generally referred to as environmentally sensitive areas, including significant woodlands. Additionally, it would protect trees of a size equal to, or greater than, 30 centimetres in diameter at breast height, throughout the remainder of Pickering. The working group also identified the potential financial implications to the City of enforcing and administering the new By-law (see Attachment 1). Report PLN 37-23 was presented to the Executive Committee on November 6, 2023. PLN 02-24 January 8, 2024 Subject: Tree Protection By-law Update Page 2 The Executive Committee considered staff recommendations and concluded that, given the many pressing municipal priorities, the cost to administer and enforce the recommended By-law, totaling almost 0.5% on the tax levy, was not supportable (see Extract from Executive Committee Minutes of November 6, 2023, Attachment 2). In response to the Executive Committee’s referral back to staff with direction, the working group presents a revised, modernized Tree Protection By-law that no longer regulates all lands within the municipality. Accordingly, the implementation costs can be kept to approximately the same levels as today. The revised, modernized By-law regulates the environmentally sensitive areas, including the significant woodlands, and has updated terminology, definitions, and fines, and is accompanied by a by-law updating permit fees and charges (see new draft Tree Protection By-law, Appendix I to Report PLN 02-24, and draft By-law to amend the General Municipal Fees By-law 6191/03, as amended, Appendix II to Report PLN 02-24). These By- laws are recommended for Council’s approval. Should this modernized By-law be approved, the staff working group will provide a public information campaign during the year, including information about what the new modernized Tree Protection By-law does, what it does not do, other City policies about tree protection and compensation, and tree planting programs and initiatives. Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priority of Lead & Advocate for Environmental Stewardship, Innovation & Resiliency. Financial Implications: The increased permit fees will assist in covering staff costs. However, it is anticipated that there will not be a significant number of applications, so the increased fees are not expected to have an impact in revenue generation. The costs to implement the new draft modernized By-law are anticipated to be similar to the current costs to enforce the existing By-law. Discussion: 1. Purpose The purpose of this Report is to provide an implementation plan that will: (a) introduce a new modernized Tree Protection By-law that will not require significant additional municipal resources to administer and enforce, together with updated fees, and (b) provide further promotion and educational opportunities about the City’s efforts to protect existing trees, and tree planting programs. PLN 02-24 January 8, 2024 Subject: Tree Protection By-law Update Page 3 2.Background In September 2020, following the consideration of Report PLN 18-20 regarding the Infill and Replacement Housing in Established Neighbourhoods Study, Council directed City staff to investigate and report back on the implementation of a by-law for the protection of trees on private property (see Council Resolution #428/20, Attachment 3). A corporate working group undertook a review of existing policies, studies, by-laws, legislation, and best practices related to tree protection, and reported the results of their investigation to Council in May 2022, and Council authorized staff to undertake a process to amend the existing Tree Protection By-law, and to include a public engagement process. Public engagement was postponed to spring 2023 to accommodate municipal elections in fall 2022, and to synergize the public launch of the initiative with Sustainability’s Earth Month engagement activities in April 2023. In March 2023, Council reaffirmed its directive to staff by passing a motion directing City staff to prepare a draft By-law that would regulate tree removal of a defined diameter on private property (see Council Resolution #144/23, Attachment 4). On November 6, 2023, Appendix I to Report PLN 37-23, presented a new Tree Protection By-law that would regulate the cutting of trees on all lands in Pickering, in response to Council’s previous resolutions. Like the existing Tree Protection By-law 6108/03, as amended, the new Tree Protection By-law proposed to protect trees of a size, equal to or greater than, 2.5 centimetres in diameter at breast height, on lands generally referred to as environmentally sensitive areas. However, the extent of the environmentally sensitive areas was expanded to include significant woodlands in the new By-law. This area was referred to as Tree Protection Area A. The By-law also proposed a new Tree Protection Area B, comprising the remainder of Pickering. In this area, the By-law proposed to protect trees of a size, equal to or greater than, 30 centimetres in diameter at breast height. Further, the By-law proposed to update definitions, terminology, exemptions, and prohibitions; remove duplications and outdated definitions; revise terminology to create consistency with the Regional Woodland By-law 30-2020; and add permit criteria to deny tree removal in “Tree Protection Area A”, in keeping with Conservation Authority best practices. Also proposed were increases to permit and inspection fees, the addition of new fees associated with the removal of dead, diseased and injured trees, and the establishment of a special fine for the illegal removal of trees. The By-law also proposed allowing the removal of one tree within 6-metres of a proposed expansion to a dwelling, or construction of an Additional Dwelling Unit, to be exempt from the By law. PLN 02-24 January 8, 2024 Subject: Tree Protection By-law Update Page 4 To address the significant change in the area regulated by the proposed Tree Protection By-law, staff also identified the required financial operating and capital expenses to administer and enforce the new Tree By-law. The financial implications for 2024 represented a 0.49% levy impact on the 2024 Budget. At the November 6, 2023, Executive Committee Meeting, the Executive Committee concluded that the City had other priorities to which the City’s tax dollars should be allocated. Accordingly, Report PLN 37-23 was referred to staff to: • revisit the recommendations that were prepared by the corporate working group as set out in Appendix I to PLN 37-23; • review an implementation plan that would not necessitate the need for a special tax levy to fund the program; • address the confusion that exists among existing homeowners with respect to tree protection; and • report back to Council on this matter in January 2024 (see Extract from Executive Committee Minutes of November 6, 2023, Attachment 2). 3. Implementation Plan The Implementation Plan includes two key parts: (a) a new modernized Tree Protection By-law with corresponding updates to the General Fees By-law; and (b) a Public Information Campaign. The new draft modernized Tree Protection By-law (see Appendix I to Report PLN 02-24), proposes many of the same features as the previous recommended By-law including: • protecting trees of a size, equal to or greater than, 2.5 centimetres in diameter at breast height, on lands generally referred to as environmentally sensitive areas including the significant woodlands; • revising terminology to create consistency with the Regional Woodland By-law 30-2020; • updating definitions, terminology, exemptions, and prohibitions; removing duplications and outdated definitions; adding permit criteria to deny tree removal in “Tree Protection Area” in keeping with Conservation Authority best practices; and • increasing permit and inspection fees; adding new fees associated with the removal of dead, diseased and injured trees; establishing a special fine for when trees are removed for revenue generation. The new draft modernized Tree Protection By-law also requires the same amendments to the fees as the original By-law recommended in the November 6, 2023 report. Accordingly, it is recommended Council approve the new modernized Tree Protection By-law, as set out in Appendix I to Report PLN 02-24, and approve an amendment to the General Municipal Fees & Charges By-law 6191/03, as amended, as set out in Appendix II to Report PLN 02-24. PLN 02-24 January 8, 2024 Subject: Tree Protection By-law Update Page 5 Lastly, the working group will reconvene to conduct a Public Information Campaign during 2024, providing information on the City’s new Tree Protection By-law, on other policies the City has in place regarding tree protection and required compensation when trees are removed in association with development proposals, and programs the City participates in, or residents can participate in, to promote tree planting. Wherever possible, these events will take place with other planned activities, such as those occurring during Earth Month. 4.Conclusion This Report provides, for Council’s consideration, a modernized Tree Protection By-lawwith new and increased fines, which should not require a significant increase inresources to administer and enforce. An Information Campaign on the new By-lawshould increase public awareness of what this new By-law is, what it is not, other City policies respecting tree removal, and opportunities for tree planting. Appendices: Appendix I Draft New Modernized Tree Protection By-law Appendix II Draft By-law to amend Schedule “I” to the General Municipal Fees and Charges By-law 6191/03, as amended Attachments: 1.Text of Report PLN 37-23 and Appendix I2.Extract from Executive Committee Minutes of November 6, 20233.Council Resolution #428/204.Council Resolution #144/23 PLN 02-24 January 8, 2024 Subject: Tree Protection By-law Update Page 6 Prepared By: Original Signed By Ish Chowdhury Planner II, Policy Original Signed By Déan Jacobs, MCIP, RPP Manager, Policy & Geomatics Original Signed By Jason Litoborski Manager, Municipal Law Enforcement Services Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO Original Signed By Paul Bigioni Director, Corporate Services & City Solicitor Original Signed By Richard Holborn Director, Engineering Services Original Signed By Stan Karwowski Director, Finance & Treasurer IC:DJ:ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer Appendix I to Report PLN 02-24 Draft New Modernized Tree Protection By-law The Corporation of the City of Pickering By-law No. XXXX/24 Being a by-law to prohibit and regulate the injuring, destruction or removal of trees in the City of Pickering Whereas pursuant to Section 135(1) of the Municipal Act, 2001, S.O 2001, c. 25, as amended, a local municipality may prohibit or regulate the injuring, destruction, or removal of trees; Whereas the Council of The Corporation of the City of Pickering is desirous of repealing By-law 6108/03, as amended by By-laws 6191/03 and 7007/09, and enacting a new by-law that re-establishes the Tree Protection Area and regulatory criteria from By-law 6108/03, as amended, with regards to the injuring, destruction or removal of trees in the City of Pickering, and that also incorporates modernized language, definitions, and updated fines in the By-law; and Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: Part 1 – Interpretation 1.1 Short Title This By-law may be cited as the “Tree Protection By-law”. 1.2 Interpretation When reading and interpreting this By-law: (a)Unless otherwise specified, references in this By-law to parts, sections, clauses and schedules are references to parts, sections, clauses and schedules in the By-law; (b)References in this By-law to any statute or statutory provision include references to that statute or statutory provision as it may from time to time be amended, extended or re-enacted; (c)This By-law shall be read with all changes in gender or number as the context requires; (d)References in this By-law to items in the plural include the singular, and references to the singular include the plural, as applicable. By-law No. XXXX/24 Page 2 1.3 Conflicts This By-law and the provisions contained within are intended to be complementary to provincial statutes and to other by-laws passed by the Region of Durham or the City of Pickering. In the event any other applicable law requires a higher standard than what this By-law requires, the higher standard shall apply. 1.4 Severability Each and every one of the provisions of this By-law is severable and if any provision of this By-law should, for any reason, be declared invalid by any court, it is the intention and desire of this Council that each and every one of the remaining provisions hereof shall remain in full force and effect. 1.5 Scope This By-law shall apply to all properties in the Tree Protection Area. 1.6 Schedule A Schedule A attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. 1.7 Definitions In this By-law: (a)“Certified Arborist” shall mean an individual who holds a valid arborist certificate from the International Society of Arboriculture or similar qualifications as approved by the City; (b)“City” shall mean The Corporation of the City of Pickering; (c)“Clerk” shall mean the Clerk for The Corporation of the City of Pickering or his/her designate; (d)“Council” shall mean the Council of The Corporation of the City of Pickering; (e)“DBH” shall mean Diameter at Breast Height, being the diameter of the stem of a tree measured at a point that is 1.5 metres above ground; (f)“Declared Emergency” shall mean an event or situation, natural or otherwise that results in the declaration of an emergency by the federal, provincial or municipal government and requires the destruction, injury or removal of trees; By-law No. XXXX/24 Page 3 (g)“Emergency Services” shall mean public organizations that respond to and deal with emergencies when they occur, especially those that provide police, ambulance, and firefighting services; (h)“Good Arboricultural Practices” shall mean the proper planting and care of Trees in accordance with the most current version of the ANSI A300, American National Standards for Tree Care Operations; (i)“Officer” shall mean a municipal law enforcement officer employed by the City or a police officer pursuant to subsection 42(1)(h) of the Police Services Act; (j)“Order” shall mean an order issued pursuant to this by-law and may require actions such as stopping an activity or replanting trees as may be required; (k)“Owner” shall mean the registered owner of land, or their agent, or anyone acting under the direction of the owner or their agent; (l)“Property Review Committee” shall mean the committee appointed by Council for the purposes of hearing appeals related to various property related matters including but not limited to this By-law; (m)“Property Standards Order” shall mean an order issued under the City of Pickering Property Standards By-law 7887/21, as may be amended; (n)“Site” shall mean the area of land containing any tree(s) proposed to be injured, destroyed or removed; (o)“Tree Protection Area” includes areas containing Significant Woodlands, Shorelines, Significant Valley Lands and Stream Corridors, and Wetlands, and is shown on Schedule A attached hereto. Part 2 – Regulations 2.1 General Prohibitions (a)Unless otherwise exempted by this By-law, no person shall cause or permit any injury, destruction, or removal of a tree measuring 2.5 centimetres DBH or larger in the Tree Protection Area, without a permit issued under this By-law. (b)Where a permit has been issued pursuant to this By-law, no person shall cause or permit any injury, destruction or removal of a tree, except in accordance with the plans, conditions and any other information on the basis of which a permit was issued. By-law No. XXXX/24 Page 4 2.2 Exemptions The provisions of this By-law do not apply to: (a)any tree with a measurement less than 2.5 centimetres DBH located insidethe Tree Protection Area; (b)activities or matters undertaken by a municipality or a local board of a municipality; (c)lands owned by, regulated by or to activities or matters undertaken by theToronto and Region Conservation Authority or the Central Lake OntarioConservation Authority; (d)activities or matters undertaken under a license issued under the Crown Forest Sustainability Act, 1994; (e)the injuring, destruction, removal of trees by a person licensed under the Surveyors Act, to engage in the practice of cadastral surveying or his or heragent, while making a survey; (f)the injuring, destruction, or removal of trees imposed as a condition to the approval of a site plan, a plan of subdivision or a consent under Section 41,51 or 53, respectively, of the Planning Act or as a requirement of a site planagreement or subdivision agreement entered into under those sections; (g)the injuring, destruction, or removal of trees imposed as a condition to a development permit authorized by regulation made under Section 70.2 of the Planning Act or as a requirement of an agreement entered into underthe regulation; (h)the injuring, destruction, or removal of trees by a transmitter or distributor,as those terms are defined in Section 2 of the Electricity Act, 1998, for the purpose of constructing and maintaining a transmission system or a distribution system, as those terms are defined in that Section; (i)the injuring, destruction, or removal of trees undertaken on land describedin a license for a pit or quarry or a permit for a wayside pit or wayside quarryissued under the Aggregate Resources Act; (j)the injuring, destruction, or removal of trees undertaken on land in order to lawfully establish and operate or enlarge any pit or quarry on land, that hasnot been designated under the Aggregate Resources Act or a predecessorof that Act, and on which a pit or quarry is a permitted land use under aby-law passed under Section 34 of the Planning Act; (k)to activities or matters prescribed by regulations pursuant to the Municipal Act, 2001; By-law No. XXXX/24 Page 5 (l)pruning that is necessary to maintain the health and condition of the treeand is carried out in accordance with Good Arboricultural Practices; (m)to woodlands that are governed by By-law Number 30-2020 of the RegionalMunicipality of Durham or its successor; (n)the injuring, destruction, or removal of trees that are a noxious weed as defined in the Weed Control Act, R.S.O. 1990, c. W.5; (o)the injuring, destruction, or removal of trees undertaken by a ConservationAuthority on its own lands or in response to a Declared Emergency; (p)the injuring, destruction, or removal of trees at the direction of Emergency Services; (q)the injuring, destruction, or removal of a tree located within an activelymanaged cultivated orchard, tree farm or plant nursery; (r)the injuring, destruction, or removal of a tree as identified by a CertifiedArborist as a threat to health or safety; (s)the removal of a tree that has been damaged by a storm or other natural act that is an immediate danger to health and safety; (t)the injuring, destruction, or removal of a tree that is required by a PropertyStandards Order issued under the Building Code Act; (u)the injuring, destruction, or removal of a tree that is a Normal Farm Practice as defined in the Farming and Food Production Protection Act, 1998, S.O. 1998, c.1.; 2.3 Requirements for an Application (a)A person applying for a permit under this By-law shall submit a completed application form, along with required plans, information, and any supporting documents as required by the City, and the fee set out in Section 3.3 of this By-law. (b)Any permit issued under this By-law is valid for 6 months after the date of issuance. (c)A permit may be denied for the following reasons: i.the application form is not complete; ii.the tree is located on lands subject to an application for an official plan amendment, rezoning, consent to sever, a minor variance, a plan of subdivision, a plan of condominium a site plan, or a building permit, and the application has not yet received final approval, or the permit has not yet been issued; By-law No. XXXX/24 Page 6 iii.the removal of the tree is not consistent with an approved site plan, tree protection plan, or City-endorsed report of a Certified Arborist; iv.the tree to be removed is an endangered species as defined by the Endangered Species Act, 2007; v.the removal of the tree would be in contravention of the Migratory Bird Convention Act, 1994; or vi.the tree to be removed is healthy and meets the minimum size requirements as set out in this By-law, and there is no practicable reason for its removal; vii.the removal of the tree: a)will interfere with natural drainage processes; b)will result in soil erosion, slope instability or siltation in a watercourse; c)will have a significant impact on any healthy vegetation community within, and adjacent to the subject site; d)will have a significant impact on any fish or wildlife habitat within, and adjacent to the subject site. 2.4 Appeals (a)A person wishing to appeal an order made under this By-law may appeal to the Property Review Committee within 14 days of receiving an order. (b)Any applicant who is denied a permit under this By-law may appeal to the Property Review Committee within 14 days of receiving the denial. (c)The Property Review Committee shall be convened as soon as practicable after receiving an appeal. The decision of the Property Review Committee under this By-law is final and binding. (d)An appeal fee set out in Section 3.3 of this By-law is required to be paid at the time of filing an appeal. Part 3 – Enforcement 3.1 Enforcement and Administration (a)The administration and enforcement of this By-law shall be performed bythe Manager, Municipal Law Enforcement Services and such personstasked to administer the By-law. (b)If after an inspection, an Officer is satisfied that a contravention of thisBy-law has occurred, the Officer may order the person to discontinue theactivity, and the order shall be served personally, by posting it in aconspicuous place on the subject property, or by prepaid registered mail tothe last known address of the owner of the property. By-law No. XXXX/24 Page 7 (c)An Officer alone, or in conjunction with a person possessing special orexpert knowledge may, at any reasonable time, enter upon any property forthe purpose of determining whether or not the provisions of this By-law havebeen complied with. (d)An Officer alone, or in conjunction with a person possessing special or expert knowledge, may conduct examinations, take photographs, or collectany evidence necessary for the purpose of determining if an offence of thisBy-law has occurred. (e)No person shall prevent, hinder or interfere, or attempt to prevent, hinder or interfere, with an Officer. (f)No person shall fail to provide any documents, or other relevant itemsrelated to a contravention of this By-law, to any Officer upon request. AnOfficer may remove and make copies of these documents and items. (g)Where an Officer has reasonable grounds to believe that an offence has been committed by any person, the Officer may require the name, address and proof of identity of that person, and no person shall fail to provide therequested information. (h)No person shall cause or permit any action contrary to an order issuedunder this By-law. (i)Where a permit has been issued pursuant to this By-law, no person shall cause or permit the injury, removal or destruction of any tree except inaccordance with the conditions of the permit issued. 3.2 Offences and Penalties (a)Any person who contravenes any provision of this By-law, or any order pursuant to this By-law, is guilty of an offence and on conviction liable: i.On first conviction, to a fine of not more than $50,000 or $2,000 per tree, whichever is greater. ii.On any subsequent conviction, to a fine of not more than $100,000 or $5,000 per tree, whichever is greater. (b)Any business entity that contravenes any provision of this By-law, or anyorder pursuant to this By-law, is guilty of an offence and on conviction liable: i.On first conviction, to a fine of not more than $75,000 or $3,000 per tree, whichever is greater. ii.On any subsequent conviction, to a fine of not more than $100,000 or $7,500 per tree, whichever is greater. By-law No. XXXX/24 Page 8 (c)A special fine may be imposed, in addition to any fine imposed under thisBy-law, in circumstances where there is an economic advantage or gainfrom the contravention of this By-law. The maximum amount of the specialfine may exceed $100,000. A special fine shall be calculated based on the number and significance of any trees injured, destroyed or removed. (d)If a person is convicted of an offence for contravening this By-law, or anorder made under this By-law, the court of competent jurisdiction, may orderthe person to rehabilitate the land or to plant, or replant, trees in suchmanner and within such period as the court considers appropriate, including any silvicultural treatment necessary to re-establish the trees. 3.3 Fees Refer to the City of Pickering’s Summary of Fees & Charges Part 4 – General 4.1 Repeal By-law 6108/03, as amended by By-laws 6191/03 and 7007/09, is repealed. 4.2 Effective Date By-law passed this XX day of XXXX, 2024. ___________________________________ Kevin Ashe, Mayor ___________________________________ Susan Cassel, City Clerk Whi t e s R o a d Liv e r p o o l Road Highway 401 Kin g s t o n R o a d Fin c h A v e n u e Brock Road Shep p ard Aven ue Glena n na Road Cen t r a l S t r e e t Altona Road Strouds L ane P ick e ri n g ParkwayValley Farm Road Fairp o r t R o a d Dixi e R o a d Seven t h C o n c e s s i o n R o a d Whitevale Road Squir e s B e a c h R o a d Highway 7 Third ConcessionRoad San d y B e a c h R o a d Nin t h C o n c e s s i o n R o a d Twyn R i v e r s Drive Clemen t s Road Hi g h w ay 407 Bayly Street Ros e b a n k R o a d Taunton Road Wes t n e y R o a d Salem R o a d PeterMatthews Dri v e © The Corp oration of the City of Pick erin g Produced (in p art) un der licen se from: © Kin g's Prin ter, On tario Min istry of Natural Resources. All rights reserved.;© His Majesty the Kin g in Right of Can ada, Dep artmen t of Natural Resources. All rights reserved.;Con tain s in formation licen sed un der the Op en Govern men t Licen ce – On tario. This is Not a Plan of Survey. Tree Protection Area Frenchman's Bay Lake Ontario Ci t y o f T o r o n t o To w n o f A j a x Town of Ajax To w n o f W h i t b y To w n o f W h i t b y Township of Uxbridge Ci t y o f M a r k h a m To w n o f Wh i t c h u r c h - S t o u f f v i l l e TREE PROTECTION AREA SCHEDULE A TOBY-LAW XXXX/24 LEGEND Appendix II to Report PLN 02-24 Draft By-law to amend Schedule “I” to the General Municipal Fees and Charges By-law 6191/03, as amended The Corporation of the City of Pickering By-law No. XXXX/24 Being a by-law to amend By-law 6191/03 to confirm General Municipal Fees Whereas the Council of The Corporation of the City of Pickering enacted By-law 6191/03, as amended, on October 14, 2003 to confirm general municipal fees. Whereas Schedule “I” to By-law 6191/03 was updated and replaced under By-law, 6338/04, By-law 6519/05, By-law 6652/06, By-law 6677/06, By-law 6748/07 By-law 6857/08, By-law 6951/09, By-law 7032/10, By-law 7119/11, By-law 7194/12, By-law 7268/13, By-law 7339/14, By-law 7411/15, By-law 7478/16, By-law 7542/17, By-law 7605/18, By-law 7679/19, By-law 7740/20, By-law 7823/21, By-law 7918/22, By-law 7983/23, By-law 8017/23; and 8065/23; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Schedule “I” to By-law 6191/03, as amended, is hereby revised by deleting the fees with respect to a Tree Cutting Permit and a Tree Inspection listed below “Other Permit” under “By-law & Animal Services” and replacing them with new Tree Removal Fees as set out in Schedule “I” attached hereto. By-law passed this XX day of XXXX, 2024. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk Schedule “I” to By-law XXXX/24 New Tree Removal Fees for By-law & Animal Services By-law & Animal Services User Fee or Charge 2023 Fee (Excluding HST) 2024 Fee (Excluding HST) HST Applicable (Y/N) 2024 Fee Effective Date Other Permit Tree Cutting Permit $100.00/each $100.00/each N No Increase Tree Inspection fee $25.00 $25.00 N No Increase Tree Removal Fees For a permit requiring an inspection by the City’s arborist N/A $150.00 N February 1, 2024 For a permit accompanied by certified Arborist report N/A $50.00 N February 2, 2024 For a permit for a dead, diseased or injured tree requiring an inspection by the City’s Arborist N/A $50.00 N February 1, 2024 For a permit for a dead, diseased or injured tree accompanied by a certified Arborist report N/A $0.00 N February 1, 2024 For filing an appeal for the denial of tree removal permit N/A $150.00 N February 1, 2024 Attachment #1 to Report PLN 02-24 Report to Executive Committee Report Number: PLN 37-23 Date: November 6, 2023 From: Kyle Bentley Director, City Development & CBO Subject: Tree Protection By-law Update -Phase 3 Recommendation Report-File: D-1100-104 Recommendation: 1.That Report PLN 37-23, providing an overview of Phase 3 of the Tree Protection By-lawUpdate, be received for information; 2. That the new Tree Protection By-law, prepared by the corporate working group, as set outin Appendix I to Report PLN 37-23, be endorsed; 3. That the Mayor be requested to include a special levy of 0.49 percent as an addition to the City’s 2024 Budget to provide funding for staffing, indirect operating and capital costsin order to undertake the Council approved activities as required under the new TreeProtection By-law; 4.That should the Mayor approve the 2024 Current Budget with the funding for staff requested in Recommendation #3 above, a.the new draft Tree Protection By-law, to repeal and replace By-law 6108/03, asamended by By-laws 6191/03 and 7007/09, and to expand the regulations withregards to the injuring, destruction or removal of trees for all lands in the City ofPickering, as set out in Appendix I to Report PLN 37-23, be finalized and forwarded to Council for enactment at the appropriate time; and b. the City of Pickering’s Summary of Fees & Charges be amended to establish thefollowing: i.Tree Removal Fees: i.$150.00 application fee for a permit requiring an inspection by the City’s arborist, or ii.$50.00 application fee for a permit accompanied by a Certified Arborist report, or iii.$50.00 application fee for a permit related to a dead, diseased or injured tree requiring an inspection by the City’s arborist; iv.$0.00 application fee for a permit for a dead, diseased or injured tree accompanied by a Certified Arborist report, or ii.An appeal fee of $150.00 is payable at the time of filing an appeal; PLN 37-23 November 6, 2023 Subject: Tree Protection By-law Update Page 2 5. That should the Mayor not include a special levy as an addition to the City’s 2024 Current Budget to provide the required funding as requested in Recommendation #3 above, the new draft Tree Protection By-law, to repeal and replace By-law 6108/03, as amended by By-laws 6191/03 and 7007/09, and to expand the regulations with regards to the injuring, destruction or removal of trees in the City of Pickering, set out in Appendix I to Report PLN 37-23, be held in abeyance until such time as the City’s Current Budget has been approved to fund the requisite staff resources; 6. That should the Mayor not include a special levy as an addition to the City’s 2024 Current Budget to provide the required funding as requested in Recommendation #3 above, a new Tree Protection By-law which modernizes the language, definitions, and fines, but does not expand the land covered by the By-law, as set out in Appendix III to Report PLN 37-23 be finalized and brought forward in Q2 2024 for Council enactment; and 7. That the appropriate City officials be authorized to take the necessary actions as indicated in this report. Executive Summary: In May 2022, following consideration of Report PLN 23-22, Council authorized City staff to undertake a process to amend the existing Tree Protection By-law to give greater protection to more trees within the City of Pickering, include a public engagement process, and report back to Council. City staff undertook the first round of public engagement in April 2023, provided a project status update to Council in June 2023, and completed the second round of public engagement on the new draft Tree Protection By-law in late June and early July 2023. This report provides the following: a summary of the public comments received; a description of the revisions to the new draft Tree Protection By-law; the findings of a cross-jurisdictional scan of best practices; and a recommendation to Council to approve the new draft Tree Protection By-law. The proposed new draft By-law expands the geographic area of the lands affected by the Tree By-law to include the whole of the City. The new draft Tree Protection By-law is provided as Appendix I to this report. To properly administer and enforce the new Tree Protection By-law, City staff are also recommending an expansion to the staff complement in the Landscape & Parks Development Section in the Engineering Services Department, and within Municipal Law Enforcement Services. Financial Implications: The implementation of the enhanced Tree Protection By-law program will require additional resources in order for the program to succeed. More specifically, this program will require additional staffing and funding of indirect operating costs. A breakdown of the financial request is contained in Appendix II to Report PLN 37-23 and also reflected below: PLN 37-23 November 6, 2023 Subject: Tree Protection By-law Update Page 3 Tree Protection By-law Implementation 2024 Budget Current Budget One, Full Time, Coordinator, Forestry Management: $144,000 One, Full Time, Municipal Law Enforcement Officer I: 111,900 One, Part Time, Clerk, Administration Business Licensing: 55,781 Sub Total $311,681 Capital Budget One ½ ton pick-up truck $70,000 Three workstations 15,000 Three laptops/computers 13,500 Two smartphones 1,300 Sub Total $99,800 Grand Total $411,481 The funding “Ask” for the 2024 Budget is $411,481 which represents a 0.49 percent levy impact on the draft 2024 Budget. Discussion: 1. Background Following the consideration of Report PLN 18-20 in September 2020 (regarding the Infill and Replacement Housing in Established Neighbourhoods Study), Council directed City staff to investigate and report back on the implementation of a by-law for the protection of trees on private property. Due to shifting priorities and limited staff resources, the investigative work commenced in early 2022. A corporate working group, comprising staff from City Development (Planning & Design, and Sustainability), Municipal Law Enforcement Services, and Engineering Services, was formed. The corporate working group undertook a review of existing policies, guidelines, studies, by-laws, and other legislation in place, or underway, that relate to trees in general, and specifically within the City of Pickering. In addition, staff reviewed tree protection by-laws from other municipalities. In May 2022, City staff reported the results of their investigation to Council, and Council authorized City staff to undertake a process to amend the existing Tree Protection By-law 6108/03, as amended (see Attachment #2): to give greater protection to more trees within the City of Pickering; to include a public engagement process; and to report back to Council. Public engagement was postponed to spring 2023 to accommodate for municipal elections in fall 2022, and to synergize the public launch of this initiative with the Sustainability Section’s Earth Month engagement activities in April 2023. PLN 37-23 November 6, 2023 Subject: Tree Protection By-law Update Page 4 On March 27, 2023, Council passed a motion which, amongst other things, directed City staff to prepare a draft By-law that would regulate tree removal of a defined diameter on private property, similar to the City of Toronto. This would include infill development, replacement housing, additions to existing houses, construction of secondary structures, and draft plans of subdivision. Council had also directed City staff to prepare a draft By-law to protect trees from injury on private property during construction (see Resolution #144/23, Attachment #1). This motion reaffirmed Council’s initial direction to City staff in May 2022, and gave further credence to the work that was already underway in relation to the creation of a new Tree Protection By-law (TPB). In April 2023, City staff initiated the first round of public engagement on the proposed update to the City’s TPB. Working in tandem with Sustainability staff during Earth Month, a number of public engagement opportunities were provided to capitalize on the synergy from both initiatives. Following webinars (Invasive Species, Gardening for Climate Change) and workshops (Build a Birdhouse, Community Tree Planting), a virtual stakeholder meeting on April 13, 2023, a Public Open House on April 19, 2023, and a staff presentation at a Ward 1 Town Hall Meeting on April 20, 2023, City staff submitted a status update and the first draft of the new TPB to Council in June, 2023 (see Report PLN 19-23). Subsequently, Council authorized City staff to proceed to Phase 3 of the TPB update, which would include the second round of public engagement during the summer to obtain feedback on the content of the new draft TPB, and the preparation of a Recommendation Report to Council in fall 2023. The following sections in this report contain a summary of the project purpose, process, and key deliverables associated with Phase 3, followed by a summary of the results of Phase 3 of the TPB update, and a staff recommendation for Council’s consideration. 2. Project Purpose The City’s existing Tree Protection By-law 6108/03, as amended by By-laws 6191/03 and 7007/09, only applies to “environmentally sensitive areas”, as identified in the current By-law Schedule. The purpose of the TPB Project was to extend the area regulated by the Tree Protection By-law to all of Pickering, by capturing trees of a certain minimum diameter on private properties. 3. Project Process The TPB Project comprised three Phases: • Phase 1: Reaffirming Council direction following an investigation of background research, preliminary municipal scans, and a review of best practices; • Phase 2: First Round of Public Engagement – Soft launch and status report to Council; • Phase 3: Second Round of Public Engagement – Release of proposed new draft TPB for review, and preparation of a recommendation report to Council. At this time, we are at the conclusion of Phase 3 of the Project. PLN 37-23 November 6, 2023 Subject: Tree Protection By-law Update Page 5 4. Key Project Deliverables Since the launch of Phase 3 of the Project, City staff: • teamed up with Sustainability staff and provided pop-up engagement opportunities at the Pickering City Centre Farmers’ Market by sharing information on the new draft TPB, and encouraging public participation in the second Public Information Centre (PIC), and the online survey (June 2023); • hosted a PIC on June 28, 2023, which provided the public with the opportunity to review presentation boards, ask questions about the TPB Project, and review and comment on the new draft TPB; • hosted a second Virtual Stakeholder meeting on July 5, 2023 for arborists, developers, landscape specialists or other tree-related business, organization or professionals, to provide an opportunity to review and comment on the proposed new draft TPB; and • updated the new draft TPB based on the engagement results. A more detailed description of the second round of public engagement initiatives and the results are contained in Attachment #3. 5. The New Draft Tree Protection By-law The new draft TPB contains revised definitions, exemptions, prohibitions, and provisions related to appeals, administration and enforcement. Based on the consultation, it was confirmed there is general support for extending the regulation to cover the entire municipality. The new draft TPB extends the regulatory area beyond “environmentally sensitive areas” to capture all of Pickering, which is consistent with Council’s directive of March 27, 2023. The new draft TPB distinguishes between two screening areas: Tree Protection Area A (trees within “environmentally sensitive areas”) and Tree Protection B (trees outside of “environmentally sensitive areas”) as seen in Schedule A to the new TPB (see Appendix I to Report PLN 37-23). The minimum DBH (diameter at breast height) of trees within “environmentally sensitive areas” will be maintained at 2.5 centimetres. For lands outside of environmentally sensitive areas (in Tree Protection Area B), the corporate working group concluded that the minimum caliper of trees to be regulated, at this time, be set at a DBH of 30 centimetres, as a reduced DBH would require even more resources. The proposed DBH of 30 centimetres for trees outside of “environmentally sensitive areas” is consistent with a number of other municipalities currently regulating trees ranging from 20 centimetres to 30 centimetres. Over time, the City can monitor the success of the 30 centimetres DBH, coupled with the resource needs, and evaluate whether a lower DBH should be selected with any required increase in resources. PLN 37-23 November 6, 2023 Subject: Tree Protection By-law Update Page 6 In addition, to modernizing the language (i.e., revised definitions, exemptions, prohibitions), as a result of the second round of consultation, City staff introduced further minor updates to the new draft by-law including: • adding permit criteria to deny tree removal in “Tree Protection Area A” in keeping with Conservation Authority best practices; • removing fees from the by-law, and referring the reader to the General User Fees By-law; • removing unnecessary duplications and outdated definitions; • revising terminology to create consistency with the Regional Woodland By-law 30-2020; and • allowing the removal of one tree in connection with a 6-metre expansion to a dwelling, or construction of an Additional Dwelling Unit. Staff also recommends an increase to the permit and inspection fees as well as new fees associated with the removal of dead, diseased and injured trees through an amendment to the fee schedule when the new by-law is adopted. 6. A Modernized New Tree Protection By-law Should the Mayor not approve the 2024 Current Budget with the funding for staff to implement, administer and enforce the new Tree Protection By-law, and the new Tree Protection By-law expanding the current tree protection area to regulate all lands beyond “environmentally sensitive areas” not be enacted, the corporate working group has also prepared a modernized Tree Protection By-law, attached as Appendix III, to Report PLN 37-23. The modernized Tree Protection By-law does not expand the tree protection area to regulate trees beyond “environmentally sensitive areas” but provides updated definitions, exemptions, prohibitions, etc. It is recommended this modernized By-law be finalized and forwarded to Council should Recommendations #3 and #4 not be fulfilled. 7. By-law Administration and Experience of Other Municipalities The City’s current TPB is currently administered and enforced by the Municipal Law Enforcement Services. A permit would be issued once Municipal Law Enforcement Services had consulted with the City’s Arborist, within Engineering Services. Beyond this measure, Municipal Law Enforcement Services provide enforcement through a complaint-based system. Violations to the TPB are enforced by Municipal Law Enforcement Services. Proposed tree removal through a development application process is separate and is administered by the Engineering Services Department. To fully comprehend the implications of expanding the regulatory screening areas of the new draft TPB to almost triple its current coverage in Pickering, a cross-jurisdictional review was conducted to better understand best practices. It was established that there is no “one size fits all” approach to how municipalities, similar in size to Pickering, administer and enforce their respective Tree Protection By-law. Some municipalities, such as Toronto, Mississauga, Burlington, Cambridge and Markham administer their Tree Protection By-laws through their Parks and Forestry Departments, with the support PLN 37-23 November 6, 2023 Subject: Tree Protection By-law Update Page 7 of an administrative team. Others, such as London, Guelph, and the Town of the Blue Mountains, have Planning and Engineering Services administer their Tree By-laws. In all cases, all departments work in tandem with Municipal Law Enforcement Services, to regulate their Tree By-laws, and carry out enforcement. Staff also considered lessons learned by other municipalities, on matters such as, fee recovery for staff time (application review, initial inspection, hoarding inspection, final inspection, travel time), and methods to flag proposed tree removal through a building permit application process. Of the municipalities interviewed, a few of which had their tree By-laws updated, the City of Markham received 723 tree permit applications in 2021; the City of Richmond Hill had 490 in 2021; the City of Cambridge had 240 from February 2022 to February 2023; City of Burlington had 1,200; and the City of Mississauga has seen an increase from 89 to 750 permit applications so far this year. The municipal scan revealed that beyond having a forestry department, several municipalities have a staff complement varying from three, to as many as thirty-three, By-law staff enforcing their Tree Protection By-laws, with each municipality typically having two arborists to administer the By-law. In the case of Mississauga, while having four by-law officers dedicated to the Tree Protection By-law, eight administrative staff and seven arborists, the department found itself exhausting overtime hours and requiring further administrative support. This caused delays in processing applications, and eventually resulted in additional resources to process tree permit applications. Based on the experience of other municipalities, and with the new TPB proposed to cover all of Pickering, a significant increase in the number of tree permit applications and potential by-law infractions is expected. With the City not having a dedicated forestry department, the working group recommend the staff complement be increased by at least one Arborist, one Municipal Law Enforcement Officer I, and one part-time Clerk, Administration Business Licensing, in order to successfully administer and enforce the proposed new TPB. Passing a By-law without providing the requisite implementation team negates the effectiveness of the By-law, and misleads the public in terms of the priority of Council. There would also be the need for an information campaign regarding the purpose, interpretation, and implementation of the proposed new TPB in Pickering. 8. Conclusion The above discussion provided information regarding the new draft TPB, the associated public engagement process, the results of staff’s best practices review, and a discussion on the administrative implications of a new and expanded TPB on current staff resources. Accordingly, staff recommend provision for adequate staff resources to administer and enforce the new Tree Protection By-law be made through the Mayor’s consideration of PLN 37-23 November 6, 2023 Subject: Tree Protection By-law Update Page 8 the 2024 Current Budget, and that the new draft Tree Protection By-law be finalized and forwarded to Council for enactment (as set out in Appendix I to this report). Additionally, it is recommended that staff prepare an amendment to the Summary of Fees and Charges to reflect updated and new fees associated with the new Tree Protection By-law. In the event provision for adequate staff resources to administer and enforce the new Tree Protection By-law is not made through this Current Budget cycle, then the new draft Tree Protection By-law should be held in abeyance, and the modernized Tree Protection By-law (updating language, definitions, terminology, exemptions, etc.) be finalized and forwarded to Council in Q2 2024 for enactment (as set out in Appendix III to this report). Appendices: Appendix I The New Draft Tree Protection By-law Appendix II Financial Implications of Required Staff Positions Appendix III The Modernized Tree Protection By-law Attachments: 1. Council Resolution #144/23, dated March 27, 2023 2. The Current Tree Protection By-law 6108/03, as amended 3. Summary of the Second Round of Public Engagement PLN 37-23 November 6, 2023 Subject: Tree Protection By-law Update Page 9 Prepared By: Original Signed By Ish Chowdhury Planner II, Policy Original Signed By Déan Jacobs, MCIP, RPP Manager, Policy & Geomatics Original Signed By Jason Litoborski Manager, Municipal Law Enforcement Services Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO Original Signed By Paul Bigioni Director, Corporate Services & City Solicitor Original Signed By Richard Holborn Director, Engineering Services IC:DJ:ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer Appendix I to Report PLN 37-23 The New Draft Tree Protection By-law The Corporation of the City of Pickering By-law No. XXXX/XX Being a by-law to prohibit and regulate the injuring, destruction or removal of trees in the City of Pickering Whereas pursuant to Section 135(1) of the Municipal Act, 2001, S.O 2001, c. 25, as amended, a local municipality may prohibit or regulate the injuring, destruction, or removal of trees; Whereas the Council of The Corporation of the City of Pickering is desirous of repealing By-law 6108/03, as amended by By-laws 6191/03 and 7007/09, and enacting a new by-law that re-establishes the Tree Protection Area and regulatory criteria from By-law 6191/03 as amended, with regards to the injuring, destruction or removal of trees in the City of Pickering, and that establishes an new area of regulation with a unique criteria for regulation with regards to the injuring, destruction or removal of trees in the City of Pickering, and that also incorporates modernized language, definitions, and updated fines in the By-law; and Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: Part 1 – Interpretation 1.1 Short Title This By-law may be cited as the “Tree Protection By-law”. 1.2 Interpretation When reading and interpreting this By-law: (a) Unless otherwise specified, references in this By-law to parts, sections, clauses and schedules are references to parts, sections, clauses and schedules in the By-law; (b) References in this By-law to any statute or statutory provision include references to that statute or statutory provision as it may from time to time be amended, extended or re-enacted; (c) This By-law shall be read with all changes in gender or number as the context requires; (d) References in this By-law to items in the plural include the singular, and references to the singular include the plural, as applicable. By-law No. XXXX/XX Page 2 1.3 Conflicts This By-law and the provisions contained within are intended to be complementary to provincial statutes and to other by-laws passed by the Region of Durham or the City of Pickering. In the event any other applicable law requires a higher standard than what this By-law requires, the higher standard shall apply. 1.4 Severability Each and every one of the provisions of this By-law is severable and if any provision of this By-law should, for any reason, be declared invalid by any court, it is the intention and desire of this Council that each and every one of the remaining provisions hereof shall remain in full force and effect. 1.5 Scope This By-law shall apply to all properties in the City. 1.6 Schedule A Schedule A attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. 1.7 Definitions In this By-law: (a) “Certified Arborist” shall mean an individual who holds a valid arborist certificate from the International Society of Arboriculture or similar qualifications as approved by the City; (b) “City” shall mean The Corporation of the City of Pickering; (c) “Clerk” shall mean the Clerk for The Corporation of the City of Pickering or his/her designate; (d) “Council” shall mean the Council of The Corporation of the City of Pickering; (e) “DBH” shall mean Diameter at Breast Height, being the diameter of the stem of a tree measured at a point that is 1.5 metres above ground; (f) “Declared Emergency” shall mean an event or situation, natural or otherwise that results in the declaration of an emergency by the federal, provincial or municipal government and requires the destruction, injury or removal of trees; By-law No. XXXX/XX Page 3 (g) “Emergency Services” shall mean public organizations that respond to and deal with emergencies when they occur, especially those that provide police, ambulance, and firefighting services; (h) “Good Arboricultural Practices” shall mean the proper planting and care of Trees in accordance with the most current version of the ANSI A300, American National Standards for Tree Care Operations; (i) “Officer” shall mean a municipal law enforcement officer employed by the City or a police officer pursuant to subsection 42(1)(h) of the Police Services Act; (j) “Order” shall mean an order issued pursuant to this by-law and may require actions such as stopping an activity or replanting trees as may be required; (k) “Owner” shall mean the registered owner of land, or their agent, or anyone acting under the direction of the owner or their agent; (l) “Property Review Committee” shall mean the committee appointed by Council for the purposes of hearing appeals related to various property related matters including but not limited to this By-law; (m) “Property Standards Order” shall mean an order issued under the City of Pickering Property Standards By-law 7887/21, as may be amended; (n) “Site” shall mean the area of land containing any tree(s) proposed to be injured, destroyed or removed; (o) “Tree Protection Area A” includes areas containing Significant Woodlands, Shorelines, Significant Valley Lands and Stream Corridors, and Wetlands, and is shown on Schedule A attached hereto; (p) “Tree Protection Area B” include all areas not subject to “Tree Protection Area A” and is shown on Schedule A attached hereto. Part 2 – Regulations 2.1 General Prohibitions (a) Unless otherwise exempted by this By-law, no person shall cause or permit any injury, destruction, or removal of a tree in the City of Pickering without a permit issued under this By-law. (b) Unless otherwise exempted by this By-law, no person shall cause or permit any injury, destruction, or removal of a tree measuring 2.5 centimetres DBH or larger in Tree Protection Area A. By-law No. XXXX/XX Page 4 (c) Unless otherwise exempted by this By-law, no person shall cause or permit any injury, destruction, or removal of a tree measuring 30 centimetres DBH or larger in Tree Protection Area B. (d) Where a permit has been issued pursuant to this By-law, no person shall cause or permit any injury, destruction or removal of a tree, except in accordance with the plans, conditions and any other information on the basis of which a permit was issued. 2.2 Exemptions The provisions of this By-law do not apply to: (a) any tree with a measurement less than 2.5 centimetres DBH located inside Tree Protection Area A, or is less than 30 centimetres DBH located within Tree Protection Area B. (b) activities or matters undertaken by a municipality or a local board of a municipality; (c) lands owned by, regulated by or to activities or matters undertaken by the Toronto and Region Conservation Authority or the Central Lake Ontario Conservation Authority; (d) activities or matters undertaken under a license issued under the Crown Forest Sustainability Act, 1994; (e) the injuring, destruction, removal of trees by a person licensed under the Surveyors Act, to engage in the practice of cadastral surveying or his or her agent, while making a survey; (f) the injuring, destruction, or removal of trees imposed as a condition to the approval of a site plan, a plan of subdivision or a consent under Section 41, 51 or 53, respectively, of the Planning Act or as a requirement of a site plan agreement or subdivision agreement entered into under those sections; (g) the injuring, destruction, or removal of trees imposed as a condition to a development permit authorized by regulation made under Section 70.2 of the Planning Act or as a requirement of an agreement entered into under the regulation; (h) the injuring, destruction, or removal of trees by a transmitter or distributor, as those terms are defined in Section 2 of the Electricity Act, 1998, for the purpose of constructing and maintaining a transmission system or a distribution system, as those terms are defined in that Section; By-law No. XXXX/XX Page 5 (i)the injuring, destruction, or removal of trees undertaken on land described in a license for a pit or quarry or a permit for a wayside pit or wayside quarry issued under the Aggregate Resources Act; (j)the injuring, destruction, or removal of trees undertaken on land in order to lawfully establish and operate or enlarge any pit or quarry on land, that has not been designated under the Aggregate Resources Act or a predecessor of that Act, and on which a pit or quarry is a permitted land use under a by-law passed under Section 34 of the Planning Act; (k)to activities or matters prescribed by regulations pursuant to the Municipal Act, 2001; (l)pruning that is necessary to maintain the health and condition of the tree and is carried out in accordance with Good Arboricultural Practices; (m)to woodlands that are governed by By-law Number 30-2020 of the Regional Municipality of Durham or its successor; (n)the injuring, destruction, or removal of trees that are a noxious weed as defined in the Weed Control Act, R.S.O. 1990, c. W.5; (o)the injuring, destruction, or removal of trees undertaken by a Conservation Authority on its own lands or in response to a Declared Emergency; (p)the injuring, destruction, or removal of trees at the direction of Emergency Services; (q)the injuring, destruction, or removal of a tree located within an actively managed cultivated orchard, tree farm or plant nursery; (r)the injuring, destruction, or removal of a tree as identified by a Certified Arborist as a threat to health or safety; (s)the removal of a tree that has been damaged by a storm or other natural act that is an immediate danger to health and safety; (t)the injuring, destruction, or removal of a tree that is required by a Property Standards Order issued under the Building Code Act; (u)the injuring, destruction, or removal of a tree that is a Normal Farm Practice as defined in the Farming and Food Production Protection Act, 1998, S.O. 1998, c.1.; (v)the injuring, destruction, or removal of one tree, located on the owner’s property, if the tree is located within 6 metres of the foundation of a proposed new dwelling unit or the foundation of a proposed addition to an existing dwelling or within the building envelope of a proposed addition to an existing dwelling on the same property pursuant to a building permit; By-law No. XXXX/XX Page 6 i.An exemption will not be granted for the injuring, destruction, or removal of another tree beyond the one tree exemption granted in accordance with section 2.2 (v) of this By-law. Any additional tree removals will be subject to a tree removal application permit and an arborist report demonstrating that the proposed building activity would have a negative impact on the tree’s health, or the structural integrity of such a tree would have a detrimental impact on the building foundation in the future. 2.3 Requirements for an Application (a)A person applying for a permit under this By-law shall submit a completed application form, along with required plans, information, and any supporting documents as required by the City and the fee set out in Section 3.3 of this By-law. (b)Any permit issued under this By-law is valid for 6 months after the date of issuance. (c)A permit may be denied for the following reasons: i.the application form is not complete; ii.the tree is located on lands subject to an application for an official plan amendment, rezoning, consent to sever, a minor variance, a plan of subdivision, a plan of condominium a site plan, or a building permit, and the application has not yet received final approval, or the permit has not yet been issued; iii.the removal of the tree is not consistent with an approved site plan, tree protection plan, or City-endorsed report of a Certified Arborist; iv.the tree to be removed is an endangered species as defined by the Endangered Species Act, 2007; v.the removal of the tree would be in contravention of the Migratory Bird Convention Act, 1994; or vi.the tree to be removed is healthy and meets the minimum size requirements as set out in this By-law, and there is no practicable reason for its removal; vii.the removal of a tree in Tree Protection Area A: a)will interfere with natural drainage processes; b)will result in soil erosion, slope instability or siltation in a watercourse; c)will have a significant impact on any healthy vegetation community within, and adjacent to the subject site; d)will have a significant impact on any fish or wildlife habitat within, and adjacent to the subject site. By-law No. XXXX/XX Page 7 2.4 Appeals (a) A person wishing to appeal an order made under this By-law may appeal to the Property Review Committee within 14 days of receiving an order. (b) Any applicant who is denied a permit under this By-law may appeal to the Property Review Committee within 14 days of receiving the denial. (c) The Property Review Committee shall be convened as soon as practicable after receiving an appeal. The decision of the Property Review Committee under this By-law is final and binding. (d) An appeal fee set out in Section 3.3 of this By-law is required to be paid at the time of filing an appeal. Part 3 – Enforcement 3.1 Enforcement and Administration (a) The administration and enforcement of this By-law shall be performed by the Manager, Municipal Law Enforcement Services and such persons tasked to administer the By-law. (b) If after an inspection, an Officer is satisfied that a contravention of this By-law has occurred, the Officer may order the person to discontinue the activity, and the order shall be served personally, by posting it in a conspicuous place on the subject property, or by prepaid registered mail to the last known address of the owner of the property. (c) An Officer alone, or in conjunction with a person possessing special or expert knowledge may, at any reasonable time, enter upon any property for the purpose of determining whether or not the provisions of this By-law have been complied with. (d) An Officer alone, or in conjunction with a person possessing special or expert knowledge, may conduct examinations, take photographs, or collect any evidence necessary for the purpose of determining if an offence of this By-law has occurred. (e) No person shall prevent, hinder or interfere, or attempt to prevent, hinder or interfere, with an Officer. (f) No person shall fail to provide any documents, or other relevant items related to a contravention of this By-law, to any Officer upon request. An Officer may remove and make copies of these documents and items. By-law No. XXXX/XX Page 8 (h) Where an Officer has reasonable grounds to believe that an offence has been committed by any person, the Officer may require the name, address and proof of identity of that person, and no person shall fail to provide the requested information. (i) No person shall cause or permit any action contrary to an order issued under this By-law. (j) Where a permit has been issued pursuant to this By-law, no person shall cause or permit the injury, removal or destruction of any tree except in accordance with the conditions of the permit issued. 3.2 Offences and Penalties (a) Any person who contravenes any provision of this By-law, or any order pursuant to this By-law, is guilty of an offence and on conviction liable: i. On first conviction, to a fine of not more than $50,000 or $2,000 per tree, whichever is greater. ii. On any subsequent conviction, to a fine of not more than $100,000 or $5,000 per tree, whichever is greater. (b) Any business entity that contravenes any provision of this By-law, or any order pursuant to this By-law, is guilty of an offence and on conviction liable: i. On first conviction, to a fine of not more than $75,000 or $3,000 per tree, whichever is greater. ii. On any subsequent conviction, to a fine of not more than $100,000 or $7,500 per tree, whichever is greater. (c) A special fine may be imposed, in addition to any fine imposed under this By-law, in circumstances where there is an economic advantage or gain from the contravention of this By-law. The maximum amount of the special fine may exceed $100,000. A special fine shall be calculated based on the number and significance of any trees injured, destroyed or removed. (d) If a person is convicted of an offence for contravening this By-law, or an order made under this By-law, the court of competent jurisdiction, may order the person to rehabilitate the land or to plant, or replant, trees in such manner and within such period as the court considers appropriate, including any silvicultural treatment necessary to re-establish the trees. 3.3 Fees Refer to the City of Pickering’s Summary of Fees & Charges By-law No. XXXX/XX Page 9 Part 4 – General 4.1 Repeal By-law 6108/03, as amended by By-laws 6191/03 and 7007/09, is repealed. 4.2 Effective Date By-law passed this XX day of XXXX, 20XX. ___________________________________ Kevin Ashe, Mayor ___________________________________ Susan Cassel, City Clerk Whi t e s R o a d Liv e r p o o l Road Highway 401 Kin g s t o n R o a d Fin c h A v e n u e Brock Road Shep p ard Aven ue Glena n na Road Cen t r a l S t r e e t Altona Road Strouds L ane P ick e ri n g ParkwayValley Farm Road Fairp o r t R o a d Dixi e R o a d Seven t h C o n c e s s i o n R o a d Whitevale Road Squir e s B e a c h R o a d Highway 7 Third ConcessionRoad San d y B e a c h R o a d Nin t h C o n c e s s i o n R o a d Twyn R i v e r s Drive Clemen t s Road Hi g h w ay 407 Bayly Street Ros e b a n k R o a d Taunton Road Wes t n e y R o a d Salem R o a d PeterMatthews Dri v e LEGEND © The Corp oration of the City of Pick erin g Produced (in p art) un der licen se from: © Kin g's Prin ter, On tario Min istry of Natural Resources. All rights reserved.;© His Majesty the Kin g in Right of Can ada, Dep artmen t of Natural Resources. All rights reserved.;Con tain s in formation licen sed un der the Op en Govern men t Licen ce – On tario. This is Not a Plan of Survey. Tree Protection Area A Tree Protection Area B Frenchman's Bay Lake Ontario Ci t y o f T o r o n t o To w n o f A j a x Town of Ajax To w n o f W h i t b y To w n o f W h i t b y Township of Uxbridge Ci t y o f M a r k h a m To w n o f Wh i t c h u r c h - S t o u f f v i l l e TREE PROTECTION AREA SCHEDULE A TOBY-LAW XXXX-XX Executive Committee Meeting Minutes November 6, 2023 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Pickles Attachment #2 to Report PLN 02-24 4.9 Director, City Development & CBO, Report PLN 37-23 Tree Protection By-law Update -Phase 3 Recommendation Report A question and answer period ensued between Members of the Committee and Staff regarding: •concerns regarding the proposed expenditure and property tax levy toenforce the proposed tree protection by-law; •clarification regarding what protections are in place for trees under the existing by-law in regulated areas and how tree protection decisions arecurrently made; •concerns regarding the potential negative impacts of the proposed tree protection by-law on property rights and values; •concerns regarding the proposed creation of additional bureaucracy andcost to enforce the proposed tree protection by-law; •clarification regarding whether the proposed tree protection by-law outlines penalties for unauthorized removal of trees by developers; •the penalties for unauthorized tree removal and the final determination ofpenalties by the Court based on a variety of factors; and, •the need to penalize developers rather than penalizing homeowners forunauthorized removal of trees. Recommendation: Moved by Councillor Brenner Seconded by Councillor Cook 1.That Report PLN 37-23 be referred back to staff to revisit the recommendations that were prepared by the Corporate Working Group as set out in Appendix 1; 2.That staff be directed to review an implementation plan that would notnecessitate the need for a special tax levy to fund the program; 3.That staff be directed to address the confusion that exists among existinghomeowners with respect to tree protection; and, 4.That staff be directed to report back to Council on this matter in January 2024. Carried Attachment #3 to Report PLN 02-24Legislative Services Division Clerk’s Office Directive Memorandum October 2, 2020 To: Kyle Bentley Director, City Development & Chief Building Official From: Susan Cassel City Clerk Subject: Direction as per Minutes of the Meeting of City Council held on September 28, 2020 Director, City Development & CBO, Report PLN 18-20 Infill and Replacement Housing in Established Neighbourhoods Study -Planning Recommendations Report (Phase 3 Report) Council Decision Resolution #428/20 1.That the Infill and Replacement Housing in Established Neighbourhoods, Planning Recommendations Report, prepared by SGL Planning & Design Inc., dated August 2020, as contained in Attachment #1 to Report 18-20, be endorsed; 2.That, in accordance with the recommendations in the Infill and Replacement Housing in Established Neighbourhoods, Planning Recommendations Report, prepared by SGL Planning & Design Inc., dated August 2020, City staff; a)be authorized to initiate the recommended Official Plan and Zoning By-law Amendment processes; b)be authorized to undertake the necessary steps to implement the recommended by-law to restrict the width of driveways in the public right-of- way; and, c)be directed to investigate the implementation of a by-law for the protection of trees on private property and report back to Council in mid 2021. 3.That Council adopt the Urban Design Guidelines for Infill and Replacement Housing in Established Neighbourhood Precincts contained in Appendix B of the Infill and Replacement Housing in Established Neighbourhoods, Planning Recommendations Report, prepared by SGL Planning & Design Inc., dated August 2020. Please take any action deemed necessary. Susan Cassel Copy: Interim Chief Administrative Officer Attachment #4 to Report PLN 02-24Legislative Services Division Clerk’s Office Directive Memorandum March 30, 2023 To: Kyle Bentley Director, City Development & CBO Richard Holborn Director, Engineering Services From: Susan Cassel City Clerk Subject: Direction as per Minutes of the Meeting of City Council held on March 27, 2023 Tree Protection Private Property Council Decision Resolution #144/23, 145/23 A copy of the Notice of Motion is attached for reference. Please take any action deemed necessary. Susan Cassel Copy: Chief Administrative Officer That Item 12.5, Tree Protection Private Property, be referred to Staff to incorporate into the existing work plan. Attachment Notice of Motion Tree Protection Private Property Date: March 27, 2023 Moved By: Lisa Robinson Signature: Seconded By: Maurice Brenner Signature: WHEREAS: The August 2020 SGL report “Infill and Replacement Housing In Established Neighbourhoods Study” identified the need for additional tools to manage change related to infill and replacement housing in established neighbbourhoods; And Whereas, The study identified as a major concern, loss of mature trees and landscaped open space; And Whereas, The current tree protection by-law protects and regulates trees only to the extent that it applies to trees within certain identified “environmentally sensitive” areas of the City; And Whereas, A tree by-law on private property would assist in addressing and protecting our tree canopy by implementing regulations to protect trees where possible and require the replacement of trees where appropriate to ensure a healthy and perpetual tree canopy within established neighbourhoods and can be applied to all communities; And Whereas, This updated tool would provide the City with a more effective way to regulate tree removal and tree protection on private property during construction of either infill and replacement housing, additions to existing houses, construction of secondary structures, or new development or plans of subdivisions; And Whereas, An updated tree protection by-law would affect all trees of a certain diameter on all private property; And Whereas, A driveway width by-law would apply to the portion of the driveway on private property; Now therefore be it resolved, that the Council for The Corporation of the City of Pickering directs through the Office of the CAO to: 1. Prepare a draft by-law that would regulate tree removal of a defined diameter on private property including infill development, replacement housing, additions to existing houses, construction of secondary structures, and draft plans of subdivision similar to the City of Toronto; 2. Prepare a draft by-law to protect trees from injury on private property during construction; 3. Develop a work plan to consult/engage community stakeholders, and includes the creation of an Urban Forest Master Plan modeled after the City of Brampton; 4. Prepare a draft by-law for the maximum driveway entrance/width and hard surfacing allowable on residential properties similar to the City of North York; and 5. Report back to The Executive Committee of Council with the draft by-law on the work plan no later than the June 2023 Executive Meeting.