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January 2014 - Amending By-law #6-2014
THE CORPORATION OF THE TOWN OF AJAX
BY-LAW NUMBER 137-2006
WHEREAS the Municipal Act, R.S.O. 2001, S.O. 2001, c.25, as amended, permits the
enactment of a By-law by the Council to prohibit or regulate the destruction or injuring of trees;
AND WHEREAS Council may require that a permit be obtained to injure or destroy trees
specified in the By-law and impose conditions on a permit, including conditions relating to the
manner in which destruction occurs and the qualification of persons authorized to injure or
destroy trees;
AND WHEREAS Council has determined that it is desirable to enact such a By-law:
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
AJAX HEREBY ENACTS AS FOLLOWS:
1.
SHORT TITLE
1.1
This by-law may be cited as the Tree Protection By-law.
2.
INTERPRETATION
2.1
The necessary grammatical changes required to make the provisions hereof apply to
corporations, partnerships, trusts and individuals, male or female, and to include the
singular or plural meaning where the context so requires, shall in all cases be assumed
as though fully expressed.
2.2
Schedules "A" and "B" to this by-law form part of this by-law.
2.3
Any reference in this by-law to any statutes, regulations or by-laws shall be deemed to
be a reference to such statutes, regulations or by-laws, as amended, restated or
replaced from time to time.
2.4
Measurements are stated in the metric system.
3.
DEFINITIONS
3.1
In this By-law:
(a)
"Act" means the Municipal Act S.O. C.25;
(b)
"application" means an application for a Permit and "applicant" means the person
applying for the Permit;
(c)
"Director" means the Director of Planning & Development Services or his or her
designate; (as amended by By-law #6-2014)
(d)
"destroy/destruction" means to remove a tree, cut down a tree or in any other
way injure a tree to such an extent that it is deemed necessary to remove or cut
down the tree;
(e)
"emergency work" means drain repairs, utility repairs and structural repairs to a
building of an emergency nature;
(f)
"farm operation" means an agricultural or horticultural operation that is carried on
in expectation of gain or reward and includes the cultivation of land, the raising of
livestock and poultry and the production of agricultural crops;
(g)
"farmer" means an individual, family or designated representative involved with or
responsible for the management of a farm operation;
(h)
"good forestry practices" means the proper implementation of harvesting,
renewal and maintenance activities known to be appropriate for a woodlot and
which minimizes detriments to woodlot value;
(i)
"injure/injury" means any act which will harm a tree's health in any manner;
(j)
"Officer" means a Municipal Law Enforcement Officer, the Manager of
Environmental Services for the Town, the Area Supervisor (Parks) for the Town
or an arborist employed by the Town;
(k)
"Order" means an order issued pursuant to Section 11 of this by-law and the Act;
(l)
"ornamental tree" means plants cultivated for their beauty and intended to be
managed or clipped on an annual or biannual basis, rather than for their natural
use, including but not limited to foundation shrubbery, clipped hedges and fruit
trees that produce fruit for human consumption;
(m)
"Owner" means the registered owner of a lot, his representative successors and
assigns or his authorized agents;
(n)
"Permit" means a Permit required by this By-law to injure or destroy a tree on
private property within the Town;
(o)
"Region" means The Regional Municipality of Durham;
(p)
"street" means a common or public highway, road, street, lane or any road
allowance or portion thereof under the jurisdiction of the Town; and,
(q)
"Town" means The Corporation of the Town of Ajax.
4.
GENERAL PROVISIONS
4.1
No person shall destroy or injure, or cause or permit the destruction or injury of any living
tree on any lands designated in Section 4.2 of this by-law without a Permit, unless
otherwise permitted by this by-law.
4.2
The provisions of this by-law shall apply to:
(a)
Any land in the area described in Schedule "A" to this by-law;
(b)
Any land or part of land in an area designated as Environmental Protection,
Open Space, Town-Wide Park, Community Park, or Neighbourhood Park
pursuant to Schedule "A" of the Town's Official Plan; and
(c)
Any land or part of land in an area zoned as Private Open Space pursuant to the
Town's Zoning By-laws.
4.4
No person shall contravene or permit the contravention of the terms of a Permit issued
under this by-law or the conditions attached thereto.
4.5
No person shall fail to comply with an Order or permit an Order to be contravened.
4.6
No person shall remove, pull down or deface any Order or permit any Order to be
removed, pulled down or defaced, after an Officer has caused it to be placed in a
prominent position on any lands, except with the written consent of the Officer.
4.7
No person shall obstruct an Officer or a person acting under the Officer's instructions
who is carrying out an inspection under this by-law.
5.
EXEMPTIONS
5.1
In addition to the exemptions set out in Section 135(12) of the Act, this by-law shall not
apply to;
(a)
The injury or destruction of trees by the Town, Region, a Crown Agency or
Ontario Hydro;
(b)
Activities authorized under a subdivision or site plan agreement with the Town,
provided that the tree(s) must be injured or destroyed in order to facilitate
construction in accordance with plans approved by the Town;
(c)
Activities undertaken in a woodlot pursuant to The Durham Region Tree
Conservation By-law and in accordance with good forestry practices;
(d)
The injury or destruction of up to 5 trees each calendar year by a farmer where
the injury or destruction of a tree occurs as an integral component of an active
farm operation;
(e)
A tree located on a lot of less than 1.2 ha which has a single dwelling thereon
with the exception of land zoned Private Open Space pursuant to a Zoning By-
law of the Town;
(f)
An Orchard, Christmas Tree Farm or Tree Nursery;
(g)
Removal of a diseased, dead or hazardous tree;
(h)
Pruning of a tree in accordance with good arboricultural practice to maintain the
health of the tree;
(i)
Pruning of tree branches that interfere with utility conductors;
(j)
Pruning or removal of ornamental trees; or,
(k)
Emergency work.
6.
APPLICATION FOR A PERMIT
6.1
An Owner who intends to injure or destroy a tree where a Permit to do so is required by
this by-law shall first submit an application to the Director on the prescribed form along
with the prescribed fee as set out in the Town's Planning Act Fees and Charges By-law.
(as amended by By-law #6-2014)
6.2
Notice of application to destroy healthy trees shall be posted on the property where the
tree(s) are located in a manner and form satisfactory to the Director.
7.
ISSUANCE OF A PERMIT
7.1
The Director shall review all completed applications and may issue a Permit in the
following circumstances:
(a)
Trees that are likely to cause structural damage to existing load-bearing
structures;
(b)
Trees that are in declining or poor condition and cannot be maintained in a
healthy and safe condition:
(c)
Trees on property where a Building Permit or Committee of Adjustment approval
has been obtained, provided that the tree(s) must be injured or destroyed to
facilitate construction in accordance with plans approved by the Town;
(d)
Trees on a property where a use permitted by the Official Plan or the Zoning By-
law is being expanded provided that the Director is satisfied that the intended use
of the Official Plan and Zoning By-law is maintained and that there is no
alternative to the destruction of the trees;
(e)
Activities undertaken by a farmer where the destruction of a tree occurs as an
integral component of an active farm operation; or,
(f)
Trees that are growing in inappropriate locations, and cannot be maintained on a
routine basis due to restrictive site condition.
7.2
Where a tree or trees are to be destroyed, the Director may issue a Permit subject to
conditions that ensure that all other trees are protected in accordance with good
arboricultural practices and may require a replanting plan to replace any trees
8.
PROHIBITION
8.1
The Director shall not issue a Permit to destroy a tree or trees where:
(a)
The tree is healthy, unless the Director is satisfied that the applicant has
undertaken to implement a satisfactory replanting plan to replace any tree
removed;
(b)
Significant vistas and/or views will not be adequately protected and preserved;
(c)
An environmentally sensitive area will not be adequately protected and
preserved;
(d)
Natural land forms or contours will not be adequately protected and preserved;
(e)
An ecological system, including natural areas, features and functions, will not be
adequately protected and preserved;
(f)
Flood and erosion control will be negatively impacted; or,
(g)
The tree is an endangered species.
9.
REPLACEMENT TREES
9.1
Where a tree or trees are to be destroyed, the Director may issue a Permit subject to
conditions ensuring that:
(a)
The replacement trees are planted to the satisfaction of the Director and in
accordance with the replanting plans submitted; and,
(b)
The tree or trees are protected in accordance with good arboricultural practices.
9.2
Where replacement planting is not physically possible on the property where the tree is
located, the Director may:
(a)
Require replacement trees planted at another location; or,
(b)
Accept cash in lieu payment for the planting of trees at another location.
9.3
Where a property is not subject to site plan approval, the Director may obtain a written
undertaking to ensure that the replacement planting is carried out and, where substantial
replanting is required or where the applicant has previously violated conditions to a
Permit under this section, the Director may require an applicant to post a letter of credit,
in a form satisfactory to the Director of Finance for the Town, in an amount equal to 120
percent of the total cost of replanting and maintaining the trees for a period of two years.
10.
APPEAL OF DECISION
10.1
An applicant may, within 14 days of the date of:
(i)
The date of decision by the Director to refuse to issue a Permit or to issue a
Permit with conditions, or,
(ii)
The making of an Order,
appeal to a Committee of Council in writing setting out the reasons for the appeal and
request to be heard by the Committee. Such application for an appeal shall include the
non-refundable fee as set out in Town's Planning Act Fees and Charges By-law. (as
amended by By-law #6-2014)
10.2
On an appeal the Committee may direct the Director to issue a Permit subject to such
conditions the Committee may determine.
11.
INSPECTION
11.1
An Officer and any person acting under the instruction of an Officer may, at all
reasonable times, enter and inspect any land to determine if this by-law, or an Order or
any condition of a Permit is being complied with.
11.2
If, after inspection, the Officer is satisfied that there is a contravention of this by-law or a
Permit, the Officer may make an Order setting out particulars of the contravention and
requiring the person to comply with this by-law or the Permit.
12.
ADMINISTRATION
12.1
This by-law shall be administered by the Town's Legislative and Information Services
Department, Planning and Development Services Department and Operations and
Environmental Services Department and enforced by an Officer.
12.2
If a Court of competent jurisdiction should declare any section or part of a section of the
by-law invalid, such section or part of a section shall not be construed as having
persuaded or influenced Council to pass the remainder of this by-law and it is hereby
declared that the remainder of the by-law shall be valid and shall remain in force.
13.
OFFENCE
13.1
Any person who contravenes a section of the by-law is guilty of an offence and is liable,
(a)
on a first conviction, to a fine of not more than $10,000 or $1,000 per tree,
whichever is greater; and
(b)
on any subsequent conviction, to a fine of not more than $25,000 or $2,500 per
tree, whichever is greater.
13.2
Corporations
Despite Section 13.1, where the person convicted is a corporation,
(a)
the maximum fines in clause 13.1 (a) are $50,000 or $5,000 per tree; and,
(b)
the maximum fines in clause 13.1 (b) are $100,000 or $10,000 per tree.
13.3
Where this by-law or Permit issued under this by-law directs or requires any matter or
thing to be done by a person, in default of its being done by the person directed or
required to do it, the matter or thing may be done under the direction of the Director, and
the Town may recover the costs incurred by adding the costs to the tax roll and
collecting them in the same manner as taxes.
13.4
If a person is convicted of an offence under this by-law, in addition to any other remedy
or any penalty provided by law, the court in which 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 a manner and within such a period as the court
considers appropriate, including any silvicultural treatment necessary to re-establish the
trees.
14.
REPEAL
14.1
That By-law #69-98 be repealed.
READ a first and second time this
Tenth day of October, 2006.
READ a third time and passed this
Tenth day of October 2006
___________________________
Mayor
___________________________
Clerk
SCHEDULE "A"
BY-LAW NUMBER 137-2006
SCHEDULE "C"
BY-LAW NUMBER 137-2006
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