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UNOFFICIAL OFFICE CONSOLIDATION-FOR REFERENCE ONLY
BY-LAW No. 700-80
A By-law Requiring Street Trees for New Main Building Developments within the Town of
Riverview
BE IT ENACTED by the Town Council of the Town of Riverview under the authority vested in it
by the Local Governance Act, S.N.B. 2017, c. 18, as follows:
Title
1. This By-law may be cited as the 'Street Tree By-law'.
Definitions
2. In this by-law
"Applicant" means the person or organization applying to the Town for a new main building
development in which the street tree requirements of this by-law apply.
"Development" means development as defined under the Community Planning Act, S.N.B. 2017,
c. 19.
"Street tree" means a tree to be planted between the lot line and the curb or the travelled portion
of the street where there is no curb.
"Subdivision By-law" means 'A By-law Relating to the Subdivision of Lands in the Town of
Riverview, By-law # 300-61'.
"Zoning By-law" means the 'Town of Riverview Zoning By-law No. 300-7'.
AND
Each of the following terms shall mean the respective definition under the Zoning By-law:
"Building"
"Corner Lot"
"Flankage Lot Line"
"Frontage"
"Lot"
"Lot Line"
"Main Building"
"Multiple Unit Dwelling"
"Residential Use"
"Street"
"Single Unit Dwelling"
"Two Unit Dwelling"
Street Trees for New Residential Developments
3. Except in the 'Rural Area (RA)' zone, the following number of street trees is required for new
main building construction of a residential use:
By-law 700-70
Street Trees By-law
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(a) One (1) per lot when the frontage is less than 20 metres; or
(b) Otherwise as follows:
(i) For a single unit dwelling or multiple unit dwelling, at least one tree for every ten
(10) metres of frontage; and
(ii) For a two unit dwelling, at least one (1) tree for every 22 metres of frontage.
Street Trees for New Main Building Developments within Community Use, Commercial, or
Industrial Zones
4. The following number of street trees is required for new main building construction of a
Community Use, Commercial, or Industrial Zone:
(a) One (1) for every ten (10) metres of lot frontage.
(b) In the case of a corner lot, at least one street tree meeting the requirements of paragraph
(a) along the flankage lot line and one additional street tree for every 30 metres of
frontage.
Location of Street Trees for New Developments
5. Where an approved Tree Planting Plan is in place, as a part of a prior subdivision approval under
the Subdivision By-law and 'Subdivision Development Procedures, Standards, and Guidelines,'
required street trees under this by-law shall be planted in accordance with said Plan.
6. Required street trees under this by-law shall be planted by the Town of Riverview.
7. Required street trees shall be planted within the street right-of-way along the lot line of the lot
that is subject to the development application.
8. Required street trees shall be planted between the lot line and the curb or the travelled portion
of the street where there is no curb.
9. Despite sections 5, 7, and 8. and where required street trees cannot be planted within the
street adjacent to the lot subject to the development application because of geophysical
constraints or existing or proposed roads, easements, utility or public infrastructure, the location
of new required street trees shall be determined by the Director of Parks, Recreation, and
Community Relations or designate using the following locational guide in order of precedence ((a)
being the preferred option):
(a) On the nearest available location on the same street that the lot subject to the
development application is adjacent to;
(b) Within the nearest municipal park to the lot subject to the development application;
(c) Within the nearest publicly owned 'Parks, Recreation, Institutional (PRI)' zoned lands to
the lot subject to the development application;
(d) Within the nearest publicly owned 'Open Space (OS)' zoned lands to the lot subject to the
development application; or
(e) At a location at the discretion of the Director of Parks, Recreation, and Community
Relations or designate which achieves the objective of policy 5.1.4A of the Municipal Plan,
which is to facilitate tree canopy coverage throughout the Town in existing, developed
neighbourhoods and in future growth areas.
10. Despite sections 6. and 9. and where requested by the applicant and mutually agreed upon
with the Director of Parks, Recreation, and Community Relations or designate, the requirement
of placing street trees adjacent to the lot that is subject to the development application may be
waived.
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Street Trees By-law
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11. Where the requirement of placing street trees adjacent to the lot that is subject to the
development application is waived pursuant to section 10., required street trees shall be placed
in accordance with section 9.
Size Requirements for Street Trees
12. A required street tree under this by-law shall have a minimum diameter of 60 millimetres and
have a minimum branching height of two metres.
Fee for Required Street Trees
13. Where street trees are required under this by-law, the applicant shall pay to the Town the
amount as described in the Town's Application for Services.
*Amended under By-law 700-80-01 - 11/14/2022
Severability
14. Where a Court of competent jurisdiction declares any section of this by-law invalid, the
remainder of this by-law shall continue in force unless the Court makes an order to the contrary.
ORDAINED AND PASSED this 13th day of January, 2020.
First Reading:
December 9, 2019
Second Reading:
January 13, 2020
Third Reading:
January 13, 2020
Original by-laws and amendments thereto are on file in the Office of the Town Clerk. This
document is for convenient reference purposes only. Any questions should be forwarded to the
Office of the Town Clerk.