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HomeMy WebLinkAboutPLN 37-23Report 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-law Update, be received for information; 2. That the new Tree Protection By-law, prepared by the corporate working group, as set out in 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 costs in order to undertake the Council approved activities as required under the new Tree Protection 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, 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 for all lands in the City of Pickering, 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 the following: 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 Wh i t e s R o a d Li v 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 B roc k Road Shep p a r d A v e n u e Glen a n n a Road Cen t r a l S t r e e t A ltona Road S t roud s L a ne P i ck e r i n g ParkwayValley F a rm Roa d Fair p o r t R o a d Dix i e R o a d Seven t h C o n c e s s i o n R o a d Whitevale Road Squi r e s B e a c h R o a d Highway 7 Thi r d Con c ess ionRoad 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 H i g h w ay 407 Bayly Street Ros e b a n k R o a d Taunton Road We s t n e y R o a d Salem R o a d Peter Matthews Dr i 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 C i 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 Appendix II to Report PLN 37-23 Financial Implications of Required Staff Positions Financial Implications of the Minimum Staff Resources required to Administer, Implement, Inspect, and Enforce the new Tree Protection By-law Covering the entire City of Pickering The extended scope of the new draft Tree Protection By-law, covering all lands in the City of Pickering, requires the following additional staff resources and capital start-up costs to properly administer, implement, inspect and enforce the new By-law. The Directors of the relevant Departments identified the following positions (annual Salary & Benefits): 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. Appendix III to Report PLN 37-23 The Modernized 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 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/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 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/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” 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/XX 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 inside the 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 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; (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; By-law No. XXXX/XX Page 5 (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.; 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/XX 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 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. By-law No. XXXX/XX Page 7 (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. (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 the requested information. (h) No person shall cause or permit any action contrary to an order issued under 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 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. By-law No. XXXX/XX Page 8 (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 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, 2023. ___________________________________ Kevin Ashe, Mayor ___________________________________ Susan Cassel, City Clerk Wh i t e s R o a d Li v 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 B roc k Road Shep p a r d A v e n u e Glen a n n a Road Cen t r a l S t r e e t A ltona Road S t roud s L a ne P i ck e r i n g ParkwayValley F a rm Roa d Fair p o r t R o a d Dix i e R o a d Seven t h C o n c e s s i o n R o a d Whitevale Road Squi r e s B e a c h R o a d Highway 7 Thi r d Con c ess ionRoad 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 H i g h w ay 407 Bayly Street Ros e b a n k R o a d Taunton Road We s t n e y R o a d Salem R o a d Peter Matthews Dr i 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 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 C i 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 Attachment #1 to Report PLN 37-23 Legislative 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. 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: Attachment 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. Attachment #2 to Report PLN 37-23 Appendix E OFFICE CONSOLIDATION TREE PROTECTION BY-LAW BY-LAW NUMBER 6108/03 Passed by Council on March 17, 2003 Amendments: By-law 6191/03 October 14, 2003 Section 4(b) - Fees By-law 7007/09 Dec. 21, 2009 Section 1(e) Schedule “A” THE CORPORATION OF THE CITY OF PICKERING BY-LAW NUMBER 6108/03 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 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 2 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) “Council” shall mean the Council of the Corporation of the City of Pickering; d) “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 and areas within 30 metres on lands adjacent thereto as set out in Schedule “A” attached hereto. 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 and 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 i) “Site” shall mean the area of land containing any tree(s) proposed to be injured, destroyed or removed. 3 EXEMPTIONS 2. 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 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; c) to activities or matters undertaken under a licence issued under the Crown Forest Sustainability Act, 1994; d) to the injuring or destruction 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; e) 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; f) 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; g) 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; h) 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 Act; i) 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; j) trees measuring less than 25 millimetres dbh; 4 k) in areas that are not defined as a “Tree Protection Area” by this by-law; l) to activities or matters prescribed by regulations pursuant to the Municipal Act, 2001; m) to the removal of dead, dangerous, diseased or severely injured trees or stumps, in accordance with good forestry practice; n) to woodlots that are governed by By-law Number 148-91 of the Regional Municipality of Durham or its successor. PROHIBITIONS 3. a) Unless otherwise exempted by this by-law, no person shall injure or destroy a tree in a 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 injure, destroy or remove a tree except in accordance with the plans, conditions and any other information on the basis of which a permit was issued. REQUIREMENTS FOR AN APPLICATION 4. 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 $100.00 to the Clerk. c) Applications shall be made on a form approved by the Clerk. REQUIREMENTS FOR ISSUANCE OF PERMIT 5. 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: 5 (i) will not interfere with natural drainage processes; (ii) will not result in soil erosion, slope instability or siltation in a watercourse; (iii) 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) 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. APPEALS 6. An applicant for a permit pursuant to this by-law may appeal to the Ontario Municipal Board: a) if the Clerk refuses to issue a permit, within thirty (30) days after the refusal; b) if the Clerk fails to make a decision on an application, within forty-five (45) days after the application and required plans and information are received by the Clerk; or,. (c) if the applicant objects to a condition in the permit, within thirty (30) days after the issuance of the permit. 6 ADMINISTRATION 7. a) The administration and enforcement of this by-law shall be performed by the Clerk and by such persons assigned by the Clerk. 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) A person to whom an order has been made pursuant to this by-law may appeal the order to the Council by filing a notice of the appeal to the Clerk within thirty (30) days after the date of the order. 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 8. a) Any person who contravenes any provision of this by-law or any order issued pursuant to this by-law is guilty of an offence and on conviction is liable: (i) on a first conviction, to a fine of not more than $10,000 or $1,000 per tree, whichever is greater; and (ii) on any subsequent conviction, to a fine of not more than $25,000 or $2,500 per tree, whichever is greater. b) 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. By-law read a first, second and third time and finally passed this 17th day of March, 2003. (signed) Wayne Arthurs Wayne Arthurs, Mayor (signed) Bruce Taylor Bruce Taylor, City Clerk Attachment #3 to Report PLN 37-23 New Draft Tree Protection By-law Second Round of Public Engagement – Summary Teaming Up at the Pickering City Centre Farmers’ Market Working in tandem with Sustainability staff, insight to the Tree Protection By-law Project (TPB) was provided to the public through pop-ups at the Pickering City Centre Farmers’ Market. City staff provided the public with an opportunity to engage and learn more about the purpose and contents of the new draft TPB, ask questions, and highlighted engagement opportunities by referring to the project webpage, letstalkpickering.ca/trees, distributing postcards and asking people to comment on the new draft TPB, and complete the on-line survey. Second Public Information Centre (PIC) A PIC was hosted at the Civic Centre Lobby, the evening of June 28, 2023 from 6:00 pm to 8:00pm. The event was advertised on the Community Page of the News Advertiser on June 15, 2023 and June 22, 2023 and on the City’s website and social media channels. Six participants attended the event. Feedback included comments regarding the rights and responsibilities of property owners, that felling trees is a means to avoid natural disasters such as forest fires, that unattended camp fires pose a danger to trees, and questions were asked on how to prune overhanging trees. Participants also gained greater insight into the tree permitting process and implications, if the removal of trees was necessary, and the survey results from the first round of public engagement. Participants were also encouraged to review the new draft Tree Protection By-law and to fill out the on-line survey. Virtual Stakeholder Meeting A virtual stakeholder meeting was held on July 5, 2023. Notice of the event was given via email, to arborists, landscape specialists, developers, tree-related businesses, organizations or professionals, and posted on the Durham Region Home Builders’ Association page on June 22, 2023. The purpose of the meeting was to provide an update on the TPB Project and to also provide an opportunity to stakeholders to review and comment on the proposed new draft TPB, and fill out the second online survey. A staff member from the Region of Durham Planning and Economic Development Department attended the virtual meeting and provided comments on the new draft TPB. The online event provided staff with an opportunity to clarify the difference between the City’s TPB and the Regional Woodland By-law 30-2020. The comments provided by Regional staff were primarily technical in nature except for the suggestion that the City considers a DBH lower than 30 centimetres for regulating trees in Tree Protection Area B (trees on private properties outside of environmentally sensitive areas). Staff considered the comments and incorporated certain minor modifications to the initial new draft Tree Protection By-law. The staff presentation was uploaded to the project website, for those unable to attend the virtual meeting. The Second Online Survey A second online survey was posted on the Let’s Talk Pickering project page from June 26, 2023 to July 14, 2023, yielding 45 responses. While the first survey was aimed principally to leverage quantitative feedback, the second was aimed at gaining qualitative feedback. The following list is a summary of the responses from the second survey: •78% of the respondents had not attended any previous engagement opportunities; •42% believed the proposed new draft Tree Protection By-law would address the preservation of trees in Pickering, while 58% believed it would not; •Many felt the materials provided were easy to understand, were in support of protecting trees, while also in support of protecting young and specific trees; •A few spoke to government overreach, and expressed concern that the City is not doing enough towards actively managing trees; and •59% of respondents were from the L1V postal code, with 33% from L1W, 5% from L1X and 3% from L1Y. A list of key comments from the second online survey can be found on the next page. Waterfront Advisory Committee Information Session At the request of the Waterfront Advisory Committee, an information session was provided to the Committee on September 18, 2023, to keep members informed of the intent and progress made towards a draft Tree Protection By-law. A motion was made in support of the Tree Protection By-law. Key Comments from the Second Online Survey •78% of the respondents had not attended any previous engagement opportunities; •42% believed the proposed new draft Tree Protection By-law would address the preservation of trees in Pickering, while 58% believed it would not; •Many felt the materials provided were easy to understand, were in support of protecting trees, while also in support of protecting young and specific trees; •A few spoke to government overreach, a lack of clear authority of the City towards tree management, providing fee and cost examples, and what metrics would determine the success/failure of the new Tree Protection By-law; •The need to include sick, diseased and invasive trees in the draft by-law; •Remove duplication, and add definitions that are not in the by-law, while providing clarity to ‘dead trees’ and ‘actively managed cultivated orchards’; •Inclusion of other habitats being impacted during growing season beyond migratory birds; •Healthy trees should not be removed unless for specific reasons, and increasing the fine for illegally removing a single tree, with offenders replacing trees; •Provide clarity to criteria regarding injured and pruning trees, and whether there are costs associated with inquiring about removing a tree; •Focus planting trees on public lands, provide tree planting events; •Mailing physical copies to residents such as pamphlets, provide more in-person meetings/workshops, community programs, have mall displays, add signage in parks providing information, continue to provide information and transparency; •Provide an online tool to report trees in poor condition or questionable activities by residents, and assist residents in determining the health of existing trees on their property; •Permit fees should be included if there is no re-planting performed, and have all fees collected towards tree replanting; •Remove appeal fee, reduce the DBH and reduce the cost of a permit application; •No rationale for extending tree protection area, but more a case of following other municipalities; •Smaller lots lead to trees becoming evasive quicker and removing big trees from smaller yards is a big expense; •The City should prepare for forest fires and how to deal with unattended camp fires; •Encourage the City to have necessary staff to enforce the new by-law; •Provide incentives for property owners with trees, rather raising costs through fees; •City to appoint a tree advocate who can report back to Council and demonstrate the work the City is performing; •Over regulation for primarily rural areas, paired with fees and absence of any incentives, will turn trees into a liability and hence will not provide more tree protection in/for Pickering; • On smaller private properties with 1 acre or less, a permit should only be required for trees with more than 50 centimeter DBH because the Tree Protection Area B in the northern part of Pickering is fairly large and rich in tree population; • By-law is harassing the wrong people by rewarding those who cement their yard and punish tree planters and owners that maintain trees; and • Of the 45 responses: 59% of respondents were from the L1V postal code, with 33% from L1W, 5% from L1X and 3% from L1Y.