HomeMy WebLinkAboutCL 04-03
REPORT TO
FINANCE & OPERATIONS COMMITTEE
Report Number: CL 4-03
Date: February 7, 2003
From:
Bruce Taylor, AMCT, CMM
City Clerk
Subject:
Proposed Tree By-law
Recommendation:
1.
That Clerk's Report CL 4-03 regarding a by-law to prohibit and regulate the
injuring, destruction or removal of trees on property adjacent to watercourses
and ravines be received.
2.
That the draft by-law to prohibit and regulate the injuring, destruction or removal
of trees on property adjacent to watercourses and ravines be forwarded to
Council for enactment.
Executive Summary:
This Report provides a draft by-law to prohibit and regulate the injuring, destruction or
removal of trees on property adjacent to watercourses and ravines as directed by
Resolution #125/02 passed on November 4,2002.
Financial Implications:
A permit fee of $100.00 has been established for each application for a Tree Cutting
Permit.
Background:
Please be advised that Council passed the following resolution at its regular meeting of
November 4, 2002:
WHEREAS numerous personal properties within the City of Pickering
back upon watercourse ravine areas; and
Report CL 4-03
Date: February 7, 2003
Subject:
Page 2
WHEREAS the removal of trees from these environmentally sensitive
areas can lead to erosion, loss of habitat and loss of aesthetic value
adjacent to park land; and
WHEREAS the former municipalities of East York and Scarborough
already have by-laws to control tree removal from properties adjacent to
ravines and the City of Toronto is preparing to implement a city-wide by-
law;
NOW THEREFORE the Council of the Corporation of the City of Pickering
directs staff to prepare a draft by-law for consideration of Finance and
Operations Committee that would require residents backing onto
watercourse ravine areas to obtain a permit for felling healthy trees; and
THAT the said by-law include a permit fee and fines for violation of the by-
law; and
THAT the by-law clearly outline very limited circumstances where the
felling of healthy trees would be permitted; and
THAT staff bring the draft by-law before Committee for consideration no
later than February 24, 2003.
Attached to this Report is a draft by-law that would implement the direction set out in
the above resolution.
Council directed that the Tree By-law require residents backing onto watercourse
ravine areas to obtain a permit for felling healthy trees. Also attached to this Report is
a map setting out the Tree Protection Area, which is identified in the City of Pickering
Official Plan as Shorelines and Stream Corridors, Wetlands and Environmentally
Sensitive Areas. All residents whose property is within or adjacent to these areas will
be subject to the Tree By-law.
The fee required when applying for a permit to cut trees is $100.00. The fines for
violating the by-law are set out in the Municipal Act and are:
a)
on a first conviction, a fine of not more than $10,000 or $1,000 per tree,
whichever is greater; and
b)
on any subsequent conviction, a fine of not more than $25,000 or $2,500 per
tree, whichever is greater.
c)
Upon conviction, the Court may order the person conviction to rehabilitate the
land.
Report CL 4-03
Date: February 7, 2003
Subject:
Page 3
The exemptions in this by-law are set out in Section 2 of the by-law and are primarily
mandated by the Municipal Act. These include the destruction of trees that are
permitted by other Provincial statutes, including developments that are the subject of a
draft plan of subdivision or site plan agreement. Staff has also added the following
exemptions: .
. Trees measuring less than 25 millimetres in diameter.
. The removal of dead, injured or diseased trees.
. Trees that are in woodlots that are governed by the Regional Tree By-law.
Other features of the attached draft Tree By-law are:
. A permit will be issued where the tree cutting activity is being undertaken in
association with an existing use of the property and in accordance with good
forestry practice. This would include golf courses where tree cutting is carried
out on a continual basis and where the owners of these facilities are careful not
to injure healthy trees.
. A permit will be issued only where it can be demonstrated that the tree cutting
will not interfere with natural drainage processes, result in soil erosion, result in
siltation entering a watercourse, will not have a significant impact on healthy
vegetation that is adjacent to the cutting area and will not have an impact on any
fish or wildlife habitat within and adjacent to the subject site.
. Where an Order has been issued to a person who is deemed to be contravening
this By-law, that person may appeal the Order to Council.
. As required by the Municipal Act, an applicant may make an appeal to the
Ontario Municipal Board if a permit is refused, if not decision is made on an
application within 45 days or if an applicant objects to a condition set out in the
permit.
A survey undertaken of various GTA municipalities determined that most municipalities
have Tree By-laws that regulate the cutting of trees throughout the entire municipality.
The Regional Tree By-law already governs the cutting of trees on woodlots that are a
half-acre or more in size.
Attachments:
1.
2.
Draft Tree By-law
Map setting out the Tree Protection Area
Report CL 4-03
Subject:
Date: February 7,2003
Page 4
Prepared By:
-/}
/;~.
Pt3ruce Taylor
City Clerk
Attachments
Cc:
Director, Operations & Emergency Services
Division Head, Municipal Property and Engineering
J. McMullen
Solicitor for the City
Recommended for the consideration of
Pickering City Council
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THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO.
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Being a by-law to prohibit and regulate the injuring,
destruction or removal of trees in defined areas of
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 destruction or injuring of trees; and II
WHEREAS the Council of the Corporation of the City of Pickering passed Resolution #125/02 on
November 4, 2002 that directs staff to prepare a by-law that would require residents backing onto
watercourse ravine areas to obtain a permit for felling healthy trees and that said by-law include a
permit fee and fines for violation of the by-law and that the by-law clearly outline very limited
circumstances where the felling of healthy trees would be permitted; and
WHEREAS Schedule III to the City of Pickering Official Plan has identified shoreline and stream
corridors, wetlands and environmentally significant areas;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING
HEREBY ENACTS AS FOLLOWS:
DEFINITIONS
1.
In this by-law:
a)
"City" shall mean the Corporation of the City of Pickering;
b)
"Clerk" shall mean the Clerk for the Corporation of the City of Pickering or his designate;
c)
d)
"Council" shall mean the Council of the Corporation of the City of Pickering;
"dbh" shall mean the diameter of the stem of a tree measured at a point that is 1.5
metres above ground;
e)
"Tree Protection Area" includes areas designated as Shorelines and Stream Corridors,
Wetlands and Environmentally Significant Areas on Schedule III to the Pickering Official
Plan, Edition 2, Revised, as amended from time to time, and lands adjacent thereto.
f)
"Good Forestry Practice" shall mean the proper implementation of harvest, renewal and
maintenance activities known to be appropriate for the forest and environmental
conditions under which they are being applied and which minimize detriments to forest
values including significant ecosystems; important fish and wildlife habitat; soil and
water quality and quantity; forest productivity aI1Q. health; and the aesthetics and
recreational opportunities of the landscape. Good forestry practice shall also include
the cutting and removal of severely damaged, diseased and insect infested trees which
must be removed in order to prevent contamination or infestation of other trees, or
which no longer contribute to the achievement of forest values;
g)
"Officer" shall mean a person assigned by the Clerk to enforce the provisions of this by-
law;
h)
"Owner" shall mean the registered owner of land, or their agent, or anyone acting under
the direction of the owner or their agent; and
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"Site" shall mean the area of land containing any tree(s) proposed to be injured,
destroyed or removed.
EXEMPTIONS
The provisions of this by-law do not apply:
a)
to activities or matters undertaken by the City, the Regional Municipality of Durham, or a
local board thereof;
b)
to activities or matters undertaken under a licence issued under the Crown Forest I
Sustainability Act, 1994; I
to the injuring or destruction of trees by a person licensed under the Surveyors Act to I
engage in the practice of cadastral surveying or his or her agent, while making a survey;
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c)
d)
to the injuring or destruction 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;
e)
to the injuring or destruction 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;
f)
the injuring or destruction 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;
g)
the injuring or destruction of trees undertaken on land described in a licence for a pit or
quarry or a permit for a wayside pit or wayside quarry issued under the Aggregate
Resources Ac~
h)
the injuring or destruction of trees undertaken on land in order to lawfully establish and
operate or enlarge any pit or quarry on land,
i)
that has not been designated under the Aggregate Resources Act or a
predecessor of that Act, and
ii)
on which a pit or quarry is a permitted land use under a by-law passed under
Section 34 of the Planning Act;
i)
j)
trees measuring less than 25 millimetres dbh;
in areas that are not defined as an "Tree Protection Area" by this by-law;
k)
I)
to activities or matters prescribed by regulations pursuant to the Municipal Act, 2001;
to the removal of dead, dangerous, diseased or severely injured trees or stumps, in
accordance with good forestry practice;
m)
to woodlots that are governed by By-law Number 148-91 of the Regional Municipality of
Durham or its successor.
PROHIBITIONS
a)
Unless otherwise exempted by this by-law, no person shall injure or destroy a tree in an
Tree Protection Area without a permit issued under this by-law.
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4.
5.
b)
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Where a permit has been issued pursuant to this by-law, no person shall injure, destroy I
or remove a tree except in accordance with the plans, conditions and any other I
information on the basis of which a permit was issued. I
/ \l, KEPORl# CL _1/- Ó 3
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REQUIREMENTS FOR AN APPLICATION
a)
Unless otherwise exempted by this by-law, every person who intends to injure, destroy
or remove a tree within an Tree Protection Area by cutting, burning, bulldozing,
lacerating, chemical application or any other means, shall apply for and obtain a permit.
b)
A person applying for a permit to injure, destroy or remove a tree shall submit a !
completed application form, along with the required plans, information and fee of i
$100.00 to the Clerk. II
Applications shall be made on a form approved by the Clerk. Ii
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c)
REQUIREMENTS FOR ISSUANCE OF PERMIT
The Clerk shall issue a permit where:
a)
the applicant has fulfilled all requirements of this by-law;
b)
the proposed activity is associated with an existing use of the property including
ongoing silviculture practices and selective thinning or harvesting of plantations, in
accordance with good forestry practice;
c)
the Clerk is satisfied that the proposed activity:
(i)
will not interfere with natural drainage processes;
(ii)
(iii)
will not result in soil erosion, slope instability or siltation in a watercourse;
will not have a significant impact on any healthy vegetation community within,
and adjacent to the subject site;
(iv)
will not have a significant impact on any fish or wildlife habitat within, and
adjacent to the subject site;
d)
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the owner, if required, enters into an agreement which may be registered on title in the!
subject lands containing such conditions as the Clerk considers necessary to ensure
that the proposed activity will be undertaken in accordance with the approved plans and
information. Such an agreement may contain a provision requiring the applicant to post
with the City security in an amount determined by the Clerk to ensure performance of
the obligations under the agreement;
e)
the Clerk may impose conditions to a permit as in the opinion of the Clerk are
reasonable, to ensure that the proposed activity is consistent with the provisions of
paragraphs 5(a) to 5(d) above;
f)
where silviculture or harvesting activity is proposed within a woodlot, one permit may be
issued to authorize activity for an extended or ongoing period of time, on the basis of an
acceptable forestry management plan;
g)
the Clerk may refer any application, associated plans and information to municipal staff,
public agency, advisory body and/or other qualified professional for comment prior to
making a decision; and
h)
A permit issued pursuant to this by-law shall be valid to the expiry date as specified on
the permit by the Clerk.
6.
7.
8.
a)
b)
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if the Clerk fails to make a decision on an application, within forty-five (45) days after the I
application and required plans and information are received by the Clerk; or,. I,ll
if the applicant objects to a condition in the permit, within thirty (30) days after the I
issuance of the permit. I
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The administration and enforcement of this by-law shall be performed by the Clerk and ill
by such persons assigned by the Clerk. !
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A person to whom an order has been made pursuant to this by-law may appeal the I
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order to the Council by filing a notice of the appeal to the Clerk within thirty (30) days I
after the date of the order. I
J;,TTACH!"iEì'P ¡iL' f( I R)t.:O()' ¡O-,' 41 CL L/~ 03
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APPEALS
An applicant for a permit pursuant to this by-law may appeal to the Ontario Municipal Board:
if the Clerk refuses to issue a permit, within thirty (30) days after the refusal;
(c)
ADMINISTRATION
a)
b)
If after inspection, the Clerk or Officer is satisfied that a contravention of this by-law has
occurred, the Clerk or Officer may make an order requiring the person to stop the
injuring or destruction of trees and the order shall contain particulars of the
contravention.
c)
d)
As soon as practicable after a notice of appeal is filed, the Council shall hear the appeal
and may confirm, alter or revoke the order.
e)
The decision of Council under subsection 7(d) of this by-law is final.
ENFORCEMENT
a)
Any person who contravenes any provision of this by-law or any order issued pursuant I
to this by-law is guilty of an offence and on conviction is liable:
b)
on a first èonviction, to a fine of not more than $10,000 or $1,000 per tree,
whichever is greater; and
on any subsequent conviction, to a fine of not more than $25,000 or $2,500 per I
tree, whichever is greater. I
If a person is convicted of an offence for contravening this by-law or an order made
under Section 7(b) of this by-law, in addition to any other remedy or any penalty
provided by law, the court in which the conviction has been entered, and any court of
competent jurisdiction thereafter, 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.
(i)
(ii)
By-law read a first, second and third time and finally passed this 3rd day of March, 2003.
Wayne Arthurs, Mayor
Bruce Taylor, City Clerk
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WETLANDS --
CLASS 2
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CITY OF
PICKERING
Tree Protection Area
IDENTIFIED BY THE FOLLOWING AREAS
SHOREUNES AND STREAM CORRIDORS
(MAY INCLUDE HAZARD LANDS)
WETlANDS
ENVIRONMENTALLY SIGNIFICANT AREAS
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