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BYLAW 2647 /G/21
BEING A BYLAW OF THE TOWN OF STONY PLAIN IN THE PROVINCE OF ALBERTA
FOR THE PURPOSE OF PROTECTING AND MAINTAINING PUBLIC TREES BY
ESTABLISHING REGULATIONS FOR THE PLANTING, PRESERVATION AND REMOVAL
OF PUBLIC TREES WITHIN THE TOWN OF STONY PLAIN.
WHEREAS, the Municipal Government Act, RSA c. M-26, and amendments thereto, 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 a public place or place that is open to
the public;
AND WHEREAS, it is desirable to protect, preserve and retain Trees m public spaces owned or
controlled by the Town of Stony Plain;
AND WHEREAS, the Town of Stony Plains urban forest provides many environmental, health, and
economic benefits to the community including:
Improvement of air quality by removal of gaseous pollutants and dust particulates;
Absorption of carbon dioxide;
Climate moderation and energy conservation;
Storm water retention;
Wildlife habitat;
Aesthetics; and
General improvement of quality of life;
AND WHEREAS, Public Trees share limited space with services such as utilities and transportation
infrastructure, the repair and replacement of which causes loss of valuable Trees;
NOW THEREFORE, the Council of the Town of Stony Plain in the province of Alberta, duly assembled,
hereby enacts the following:
1.0.0
Title
1.1.0
This bylaw may be cited as the "Public Tree Bylaw".
2.0.0
Definitions
2.1.0
"Act" means the Municipal Government Act, RSA c. M-26, and amendments thereto.
2.2.0
"Boulevard" means:
a)
The strip of land between the curb and the sidewalk and between the sidewalk and the
property line; or
b)
Where there is no sidewalk, the strip of land between the curb and the property line, or
c)
Where there is no curb, the strip of land between the near edge of the road and the
property line.
2.3.0
"Town" means the Town of Stony Plain.
2.4.0
"Town Lands" means property owned, controlled or maintained by the Town including parks,
Open Space Areas, cemeteries, walkways, medians, Boulevards and road right-of-ways.
2.5.0
"Council" means the Mayor and Councillor duly elected pursuant to the provisions of the Local
Authorities Election Act, R.S.A., 2000, c.L-21.
2.6.0
"Dutch Elm Disease" means the disease caused by the fungus Ophiostoma ulmi (Buis.) Nannf,
(Syn. Ceratocycstis ulmi (Buis.) or Ophiostoma novo-ulmi (Brasier).
2.7.0
"Elm Tree" means any Tree or part of a Tree whether dead or alive of the Ulm us genus.
2.8.0
"Emergency Personnel" includes fire rescue personnel, emergency medical providers, law
enforcement officers, local, provincial and federal authorities and workers engaged in emergency
repair to a Public Utility.
2.9.0
"Equitable Compensation" means:
BYLAW 2647/G/21
Page 2
a) For Public Trees and Shrubbery, the compensation for the loss of the asset value or
compensation for the diminishment of the asset value.
b) For natural Treed areas, the compensation for the loss of the asset value for such Tree
areas.
2.10.0 "Hazard Tree" means:
a) Any Tree that may fail due to mortality or a structural defect or changed stand conditions
and, as a result, may cause property damage or personal injury, or
b) Any Tree that, in the opinion of the Manager has deteriorated to the point that it is
capable of supporting elm bark beetle habitation and breeding, or any other insect or
virus, making that Tree a hazard that may promote the spread of disease.
2.11.0 "Highway" means any thoroughfare, street, road, trail, avenue, parkway, driveway, viaduct, lane,
alley, square, bridge, causeway, trestleway, or other place or any part of any of them, whether
publicly or privately owned, that the public is ordinarily entitled or allowed to use for the passage
or parking of vehicles, that is owned, or managed by the Town through agreement.
2.12.0 "Infected Tree" means any Tree that, in the opinion of the Manager is infected by a disease or
insect including, without limitation, Dutch Elm Disease or Emerald Ash Borer.
2.13.0 "Manager" means the Manager of Operations or their duly appointed designate(s).
2.14.0 "Move" means uprooting and transferring a Tree from one location to another.
2.15 .0 "Natural Treed Area" means those Trees occurring as a result of natural succession or those Trees
planted as part of naturalization efforts, growing within the Town.
2.16.0 "Open Space Area" means any of the following:
a) Any land in the Town which is developed, used, leased, controlled or managed by the
Town as a public park, sport field, playground, recreational area, off-leash dog park,
storm water management facility, cemetery or natural area, including, without restricting
the generality of the foregoing, all lands in the Town which are jointly controlled or
managed by the Town and an Educational Authority for any of the purposes previously
described;
b) Any land acquired through the subdivision process as reserve;
c) Any land used as a Highway buffer strip, whether on a pennanent or temporary basis;
d) Any land designated by resolution of Council as an Open Space Area for the purpose of
this bylaw; and
e) Any land developed and operated by the Town as a pathway or trail.
2.17 .0 "Peace Officer" means a member of the Royal Canadian Mounted Police or a Community Peace
Office appointed pursuant to the provisions of the Police Act of Alberta R.S.A.2000, Chapter P-
l 7, as amended or repealed and replaced from time to time.
2.18.0 "Person" means any corporation, firm, partnership, association, or registered company, as well as
a natural person.
2.19.0 "Prune" means the cutting of Tree branches, twigs or roots.
2.20.0 "Public Tree" includes any Tree, which has any part of its trunk located on Town Lands and was
pa11 of a Town development.
2.21.0 "Public Utility" means a system of works used to provide one or more of the following for public
consumption, benefit, convenience or use:
a) Water or steam;
b) Sewage disposal;
c) Public transportation operated by or on behalf of the Town;
d) IITigation;
e) Drainage;
f)
Electric power;
g) Roads, sidewalks, or pathways;
h) Waste management; and
i)
Telecommunications and cable television;
BYLAW 2647/G/21
Page 3
And includes the thing that is provided for public consumption, benefit, convenience or use.
2.22.0 "Shrubbery" means shrubs collectively, a woody plant smaller that a Tree, usually having
multiple permanent stems branching from or near the ground, and can include the undergrowth of
other plants, especially under Trees in woodland.
2.23.0 "Tree" means any perennial woody plant that normally has one or more upright stems and is
maintained as a Tree and includes plants designated as Trees by the manger.
2.24.0 "Tree Protection Barrier" means a fence or other protective equipment surrounding a Tree to
restrict access.
3.0.0
Applications and Exemptions:
3.1.0
This bylaw does not apply to Trees on Town owned property or Highways, that are cut or
removed by the Town or its authorized agents in accordance with approved Town operations.
3 .2.0
In accordance with Regulations governing Public Utilities, a Public Utility may perform such
Pruning as necessary to comply with safety regulations and to maintain safe operation of their
facilities provided that:
a)
At least three (3) business days prior to commencing any Pruning, the Public Utility
provides the Manager written notice 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 Manager as to how the work shall
be carried out.
3.3.0
The Manager may order the Public Utility to stop any Pruning if appropriate arboricultural
practices are not being followed.
3.4.0
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 .5.0
Emergency Personnel shall notify the Manager of the emergency, and work done on the Public
Tree as soon as possible.
3.6.0
Peace Officers shall notify the Manager of damaged or destroyed Public Trees resulting from any
incidents or willful damage without delay so affected Trees may be repaired or removed as
required.
4.0.0
Planting
4.1.0
No person shall plant Trees or Shrubbery on Town Lands or cause Trees or Shrubbery to be
planted on Town Lands without prior written authorization from the Manager.
4.2.0
Written authorization to plant Trees or Shrubbery on Town Lands does not relieve a Person from
obtaining any other approvals which may be required under any other Regulation.
5.0.0
Damage to Trees
5.1.0
No Person shall damage, disturb, remove, Move, or Prune a Public Tree or Shrubbery or cause a
Public Tree or Shrubbery to be damaged, disturbed, removed, Moved, or Pruned without prior
written authorization from the Manager.
5.2.0
No Person shall remove the bark of any Public Tree or cause the bark of a Public Tree to be
removed without the prior written authorization from the Manager.
5.3.0
No Person shall use or cause to be used an object of any kind to penetrate the bark of a Public
Tree without prior written authorization from the Manager.
6.0.0
Tree Protection
6.1.0
No Person shall remove or cause to be removed any part of a Tree Protection Barrier, structure
or device on or around any Public Tree, enter into or cause another Person to enter into the area
enclosed by any Tree protection system.
BYLAW 2647 /G/21
Page 4
6.2.0
No Person shall, by any means, attach any notice, bill, sign, or poster to any Public Tree.
6.3.0
Notwithstanding section 6.2.0, a Person may attach a notice to a Public Tree where required or
allowed to do so by written direction of the Manager.
6.4.0
On a prosecution or other proceeding, any Person who may benefit from a sign or poster attached
to a Public Tree will be deemed to have attached the sign or poster to the Public Tree unless that
Person brings forward evidence to the contrary.
6.5.0
No Person shall secure any object to a Public Tree, put anything in the branches of a Public Tree
or cause anything to be put in the branches of a Public Tree without Manager approval except for
Christmas lights or an extension cord.
6.6.0
Without restricting the generality of section 6.5.0, no Person shall secure newspaper vending
boxes, bicycle racks, dog chains, clotheslines, guy wires, swings, or treehouse to a Public Tree.
6.7.0
No Person shall place, apply or spray or cause to be placed, applied or sprayed any substance
other than water on or near any Public Tree without the prior written authorization of the
Manager.
6.8.0
No Person shall alter the grade level or drainage pattern in any manner so as to interfere with the
access of water, air or nutrients to any Public Tree.
6.9.0
No Person shall commence or continue any work or activity which damages or interferes with the
root system or upper structure of any Public Tree.
6.10.0 No Person shall rest building materials or equipment on a Public Tree.
7 .0.0
Disease Control
7.1.0
A Person who removes an Elm Tree from within the Town shall ensure the following occurs:
a) the stump is removed to a minimum depth of 15 centimeters below the soil line; or
b) the stump is treated in a mam1er acceptable to the Manager; and
c) the Elm Tree be disposed of in a manner authorized by the Manager.
7 .2.0
Subject to section 7.3 .0, an owner of an Elm Tree shall keep the Elm Tree Pruned:
a) so that the Elm Tree is free of wood that is dead or dying; or
b) within a reasonable time after damage to the Elm Tree occurs so that the Elm Tree is free
of wood that is dead or dying.
7.3.0
No Person shall Prune an Elm Tree between April 1 and September 30 in any year unless Pruning
is explicitly authorized in writing by the Manager pursuant to section 7.4.0.
7.4.0
Where the Manager is satisfied that it is safe, having regard to the control of Dutch Elm Disease,
to Prune an Elm Tree,
a) which is an Infected Tree or a Hazard Tree, or
b) between April I and September 30 in any year,
The Manager may give written authorization to a Person to Prune the Elm Tree and may grant
such authorization subject to such terms and conditions as the Manager deems appropriate.
7.5.0
A Person receiving an authorization by the Manager to Prune an Elm Tree shall comply with all
terms and conditions imposed thereon.
7 .6.0
No Person shall transport Elm Tree pieces into the Town unless disposing of these pieces at the
Parkland Transfer Station.
8.0.0
Maintenance of Public Trees
8.1.0
The operations department is responsible for all Public Tree maintenance with the exception of
8.2.0.
BYLAW 2647/G/21
Page 5
8.2.0
The closest property owner shall maintain all Trees or Shrubbery withing the area between the
property line and the nearest concrete structure within the road right-of-way being a trail,
sidewalk, curb or street.
8.3.0
Where a Tree has branches or foliage, which protrude over a street, sidewalk or trail, the
following clearances must be maintained:
a) a minimum of 12 ft vertical clearance over a street;
b) a minimum of 7ft vertical clearance over a trail.
9.0.0
Equitable Compensation
9.1.0
Persons who contravene this bylaw will be liable for costs incurred by the Town. These costs
shall include labour, material, equipment charges and applicable overheads.
9.2.0
If the asset value of the Public Tree has decreased, or if there is diminishment of the Public Tree's
value, persons will be liable for costs including labour, material, equipment charges, replacement
charges and applicable overheads.
9.3 .0
Persons who contravene this bylaw will be liable for any additional costs arising from unplanned
maintenance and costs associated with out of season Tree relocation, replacement, repair or
custom work above n01mal standards or outside of regular schedules.
10.0.0 Enforcement of Bylaw
10.1.0 Where a Peace Officer believes a Person has contravened any provision of this bylaw, they may:
a) issue to the person, a violation ticket in accordance with the Provincial Offences
Procedures Act, RS.A. 2000, c. P-24; or
b) in accordance with the Municipal Government Act, R.S.A. 2000, c. M-26 issue to the
person an order to remedy the infraction; or
c) do both a) and b).
10.2.0 The fines for an offence against this bylaw shall be subject to the minimum penalty amount,
as specified in Schedule "A" -Minimum and Maximum Penalties.
10.3.0 If the person to whom an order has been issued pursuant to Section 10.1.0 fails to comply with
the order within the time specified in the order:
a) that person commits an offence under this section and a Bylaw Enforcement Officer may
issue a violation ticket pursuant to the Provincial Offences Procedure Act, R.S.A. 2000, c.
P- 24 and;
b) the Town may take whatever steps are necessary to remedy the breach of the bylaw and
the cost of doing so becomes a debt owing to the Town by the person to whom the order
was issued in accordance with the Municipal Government Act, R.S.A. 2000, c. M-26.
11.0.0 Severability
11.1.0 If any portion of this bylaw is declared invalid by a court of competent jurisdiction, then the
invalid portion must be severed and the remainder of the bylaw is deemed valid.
12.0.0 Review
12.1.0 This bylaw shall be reviewed within its fourth year, being 2025, or as deemed necessary.
13.0.0 Repeal
13.1.0 Bylaw 2380/G/09, and amendments are hereby repealed.
14.0.0 Effective Date
14.1.0 This bylaw shall take force and effect upon third reading and when it has been duly
signed.
BYLAW 2647/G/21
Page 6
Read a first time this 26th day of April, AD 2021.
Read a second time this 26th day of April, AD 2021.
Given unanimous consent this 26th day of April, AD 2021.
Read a third time this 26th day of April, AD 2021.
hoy
1 s 1, CPA, CA
1 Manager, Corporate Services
BYLAW 2647/G/21
Page 7
Schedule A- Minimum and Maximum Penalties
Applicable
Offence
Minimum
Section(s)
Penalty Per
Tree
4.1.0
Planting a tree without authorization
$150
5.1.0
Remove, prune, destroy, or excavate a Public Tree without a
$500
permit
5.1.0
Damage, injure, impair or interfere with n01mal growth of a
$300
Public Tree
5.3.0
Deface, remove, penetrate, prune, or cut the bark of a Public
$100
Tree
6.0.0
Failure to protect public trees on a construction site, where the
$300
tree is damaged, injured or removed
6.8.0
Apply chemicals, fertilizer or other toxic substances to a
$100
Public Tree
6.11.0
Resting building materials or equipment on a Public Tree
$100
8.3 .0
Failure to maintain street, sidewalk and trail clearances
$100
10.3.0
Failure to comply with a ticket or order from a Peace Officer.
$1,000
Maximum
Penalty per
Tree
$300
$1 ,000
$600
$300
$1,000
$300
$200
$200
$2,000