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Town of Rocky Mountain House
Bylaw No. 12/04V
Being a by-law of the Town of Rocky Mountain House , in the Province of Alberta ,
to protect, preserve and retain trees in public spaces owned or controlled by the
Town of Rocky Mountain House.
WHEREAS Part 2, Division 1, Section 7 of the Municipal Government Act, R.S.A. 2000,
c. M-26, authorizes Council to pass bylaws respecting the safety, health and welfare of
people and the protection of people and property and respecting people, activities and
things in on or near public places and to enforce bylaws; and
NOW, THEREFORE, the council of the Town of Rocky Mountain House hereby enacts
as follows:
This Bylaw may be cited as the "Town of Rocky Mountain House Tree Bylaw"
DEFINITIONS
1. In this Bylaw:
a.
"Boulevard" means:
i. The strip of land between the curb and the sidewalk and between
the sidewalk and the property line, or
ii. Where there is no sidewalk, the strip of land between the curb and
the property line, or
iii. Where there is no curb, the strip of land between the near edge of
the road and the property line;
b. "Boulevard Tree" includes trees and shrubs planted on boulevards, lanes, s
idewalks, roads, utility right-of ways, Municipal Reserve (MR), Public
Open Space (PO), Environmental Open Space (EO), or on any public
place;
c.
"Designated Officer" shall mean a Bylaw Enforcement Officer, Peace
Officer or a member of the Royal Canadian Mounted Police or any other
person so authorized to act on behalf of the Council of the Town of Rocky
Mountain House;
d. "Municipal Ticket" means a municipal ticket issued on behalf of the Town
for a violation under this Bylaw
e.
"Private Tree" includes any trees or shrubs planted on private property and
are referred to in this by-law in the instance of encroachment on to
boulevards, lanes, sidewalks, road or utility right-of ways, Municipal
Reserve (MR), Public Open Space (PO), Environmental Open Space (EO),
or any other public space;
f.
"Town" means the Town of Rocky Mountain House;
g. "Owner" means the assessed owner of the land directly abutting on the
Town boulevard;
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h. "Director" means the Director of Recreation, Parks & Community
Services and/or the Director of Engineering and Operations for the Town
of Rocky Mountain House or his designate;
i.
"Recreation Operations Supervisor" means Recreation Supervisor or
his/her designate;
j.
"Move" means uprooting and transferring a tree from one location to
another;
k. "Pruning" includes the cutting of tree branched, twigs or roots;
l.
"Tree" means any perennial woody plant that normally has one or few
upright stems and is maintained as a tree.
m. Violation Ticket" shall mean a ticket issued pursuant to Part 2 of the
Provincial Offences Procedure Act and any regulations there under.
GENERAL CONDITIONS / PROHIBITIONS
1. No person shall:
(a) remove, move, cut, or prune a public tree or cause a boulevard tree to be
removed without the prior written authorization from the Recreation
Operations Supervisor; or
(b) damage or destroy a tree growing on public property; or
(c) plant trees or shrubbery on town property, without having written
authorization from the Recreation Operations Supervisor; or
(d) tie, wire, rope, mark, or remove the bark of a boulevard tree without written
authorization from the Recreation Operations Supervisor; or
(e) use or caused to be used an object of any kind to penetrate or remove the bark
of a boulevard tree without written authorization from the Recreation
Operations Supervisor; or
(f) attach a electrical cord to a public tree; or
(g) secure bicycle racks, dog chains, clothes lines, guy wires, swings, or tree
houses to a public tree; or
(h) deposit , place, store, or maintain any stone, brick, sand, soil, concrete,
vehicle, equipment or other matter or material that may impede the free
passage of water, air or nutrients to the roots, of a tree growing on public
property; or
(i) place, apply or spray any substance other than water on or near any public tree
without prior written authorization from the Recreation Operations Supervisor
.
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2. Where removal or Pruning of a Public Tree is determined to be necessary by
Emergency Personnel responding to an emergency, such tree or part of it may be cut
or removed without first obtaining written authorization to do so.
3. The Recreation, Parks and Community Services Director shall be notified within 5
days after the incident by the emergency personnel about the removal or pruning of
the tree(s).
4. In the case of permanent damage to a boulevard tree, the person responsible for the
damage may be assessed the value of the tree as appraised on the Recreation, Parks &
Community Services Standard Tree Evaluation Form, (attached as Appendix A).
5. Recreation, Parks & Community Services shall have the sole right to remove or cause
to be removed any boulevard tree which in the opinion of the Recreation, Parks and
Community Services Director or authorized designate warrant such removal after (5)
days notice by registered mail to the abutting property owners.
6. When a private or public property is at the intersection of two streets or two lanes, the
setback of 457cm(15 feet) needs to be applied to define the site triangle area. Hedges
must not exceed 91cm (3 feet) measured from grade on site triangle. (Attached as
Appendix B)
7. (a) Recreation, Parks & Community Services shall have the sole right to remove or
cause to be removed, trim and/or prune or cause to be trimmed and /or pruned any
boulevard tree or private tree which in the opinion of the Director or authorized
designate warrant such work without notifications where the boulevard tree in any
way interferes or endangers the lines, poles, conduits, pipes, sewers, traffic control
devices, vehicle and pedestrian traffic, or other works of a municipal or other public
utility. When the boulevard tree or private tree is adjacent or on private property
the Parks, Recreation and Community Services Department will verbally notify the
property owner, lessee, occupier or agent of owner when the property, lessee,
occupier or agent of owner is onsite.
(b) Where private trees interfere with the lines, poles, conducts, pipes, sewers, traffic
control devices, vehicular and pedestrian traffic, or other works of a municipal or
other public utility, the Director may send a letter requesting the Owner to take
the necessary action to remove, or cause to be removed, trim and/or prune or
cause to be trimmed and/or pruned, any private tree within (14) days, by
registered mail. Failure to do so may result in the Town or designate of Town
carrying out the work and charging back to the Owner.
(c) An Owner of private property shall ensure that the trees or shrubs growing on his
property shall be properly trimmed and shall not have any branches projecting
over a sidewalk area an elevation of less than 250cm (8 feet) or over roadways or
alleys at an elevation of less than 420cm (14 feet)
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(d)
As set forth by the Recreation, Parks & Community Services, any Town services
required as per Section 7 (b), the following fees will be utilized. Each individual
staff member will be charged out at $75.00 per hour and a bucket truck at $150.00
per hour.
SIGNS
8. Any signs installed shall follow the rules of the Land Use Bylaw on private property
and over public sidewalks or highways shall be located so that they will in no way
interfere with an existing boulevard tree and will not necessitate pruning or thinning in
addition to normal practices. Before planting of a boulevard tree the Town will contact
the owners of the effected properties for input as to possible conflicts.
STORMS
9. (a) Any trees, whether public or privately owned, which must be removed for safety
reasons will require removal. Any Owner of privately owned trees
encroaching on public property that fail to correct a hazardous situation will be
responsible for the costs incurred by Recreation, Parks and Community Services
to correct the situation.
(b) If a privately owned tree is broken or uprooted and the tree or portions of the tree
fall on Town property the Owner of the tree shall be responsible for the removal
or cost of the removal within five (5) days. Failing to complete the work would
result in the R ecreation, Parks and Community S ervice s department completing
the work and a charge to the Owner.
(c) As set forth by the Recreation, Parks & Community Services, any Town services
required as per Section 9 (b), the following fee will be utilized. Each individual
staff member will be charged out at $75.00 per hour and a bucket truck at $150.00
per hour.
CONSTRUCTION & DEVELOPMENT
10. (a) All construction within 4 meters of a Town owned tree requires an
enclosed Tree Protection Barrier. The company performing the work would be
responsible for the up keep and cost of the Tree Protection Barrier. (Attached as
Appendix C).
(b) All soil, equipment, and other debris shall be kept outside of the Tree Protection
Barrier.
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(c) No person shall remove or cause to be removed any part of a Tree Protection
Barrier.
PUBLIC UTILITY
11. In accordance with regulations governing public utilities, a public utility may
perform such pruning as necessary to comply with safety regulations and to
maintain the operation of their facility provided that:
(a) Any pruning to be done by a public utility is the responsibility of the public
utility to give the Recreation Operations Supervisor written notice within three
days of its intention to prune.
(b) The pruning is carried out in accordance with accepted arboricultural standards
and practices; and
(c) The public utility follows any specific directions of the Recreation Operations
Supervisor as to how the work shall be carried out.
ENFORCEMENT
12. Where a Designated Officer has reasonable grounds to believe that a person has
contravened any provision of this Bylaw:
(a) he or s he may serve upon the person a municipal t icket allowing payment of the
specified fine as set out in Appendix "D " of this Bylaw, which payment will be
accepted by the Town in lieu of prosecution for the offence if paid within 21 days
of the date of service; or
(b) he or she may issue and serve a violation ticket in accordance with the Provincial
Offences Procedure Act, R.S.A. 2000, c. P-34 and amendments thereto, allowing
a voluntary payment or requiring a person to appear in court, without the
alternative of making a voluntary payment.
13. A municipal ticket shall be deemed to be sufficiently served if:
(a) served personally on the owner of the property, or left at the owner's residence; or
(b) mailed to the address of the owner of the property.
14. In the case of an offence that is of a continuing nature, a contravention constitutes a
separate offence in respect of each day, or part of a day, on which the offence
continues and any person guilty of such an offence is liable to a fine in the amount
not less than that established by this Bylaw for each such day.
Redacted under Section 17 of the FOIP Act
Redacted under Section 17 of the FOIP Act
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Appendix A-Tree Evaluation Equation
Pi r2 x $20. per inch x species class x condition of tree = tree evaluation
Example:
Pi x radius 2 38" x $20 x40% x 40% Tree
3.1x 12.25=sq. inches x per inch x (Poplar) x Condition of tree=Value
7" Tree divided by 2 = 3.5
3.5 x 3.5 = 12.25
3.14 x 12.25 = 38 square inches
Note: $20.00 per square inch is derived from the International Society of
Arboriculture
Condition of Tree:
i. Perfect Specimen
ii. Nearly Perfect Specimen
iii. Good Specimen
iv. Fair Specimen
v. Very Poor Specimen
Refer to Tree Species Rating Table
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Appendix B-Setback Measurements
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Appendix C-Tree Protection Diagram
Notes:
1. The warning sign, a Town of Rocky Mountain House Tree Protection Zone sign
will be provided by the Town of Rocky Mountain House.
2. Construction materials, equipment and other debris shall not be stored in the
tree protection zone.
3. The fence must be a minimum of 1.3m high.
4. The fence must be a minimum of 4m from the center of the tree trunk.
Metal Fence or
2x4 Frame with
Orange Snow
Fence
1.3 m
Minimum
Drip Line
Tree Protection Fence
4.0m Minimum
From Trunk Center
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Appendix D-Penalties Chart
Section
Charge
Fine
amount
1(a)
Remove, move, cut or prune a public tree without
authorization
$300.00
1(b)
Damaged/destroyed tree on public property
$300.00
1(c)
Plant tree/shrubbery on Town property without
authorization
$300.00
1(d)
Tie, wire, rope, mark or debark of a Boulevard Tree
$300.00
1(e)
Removing/penetrate bark without authorization
$300.00
1(f)
Attach electrical cord to a public tree
$300.00
1(g)
Secure any object to a public tree
$300.00
1(h)
Deposit any matter/material that impedes flow of
water/air/nutrients to the roots of public trees
$300.00
1(i)
Apply or spray harmful substance to a Boulevard Tree
$300.00
10(c)
No person shall remove or cause to remove any part of a
tree protection barrier
$300.00