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## By-law 2014-116
This By-law printed under and by the authority of the Council of the City of Barrie
A By-law of The Corporation of the City of Barrie with respect to regulating the planting, protection, maintenance and removal of public trees or trees growing on adjacent privately owned lands and to repeal By-law 2009-098 and all amendments thereto.
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## BY-LAW NUMBER 2014-116
By-lany of the Corporation of the City of Barrie, regulati e planting, protection, maintenance and removal of pub trees or trees growing on adjacent privately owned lands am to repeal By-law 2009-098 and all amendments thereto.
AND WHEREAS Section 10 of the Municipal Act, 2001, provides that a single-tie economi, Social and or yotental weing a tre munida therein including, inter all, the
AND WHEREAS Section 135 of the Municipal Act, 2001 provides that a municipality may prohibit or regulate the destruction or injuring of trees;
AND WHEREAS pursuant to motion 14-G-232 the Council of The Corporation of the City of Barrie deems it expedient to regulate the planting, protection, maintenance and removal of public trees or trees growing on adjacent privately owned lands adjacent to public lands and to repeal By-law 2009-098 and all amendments thereto;
NOW THEREFORE the Council of The Corporation of the City of Barrie enacts the following:
## DEFINITIONS
1. As used in this by-law, the following terms shall have the meanings indicated:
2. CITY and CITY OF BARRIE - The municipality of The Corporation of the Cily of Barrie.
- b) lIGHWAY - A common or public highway, road, street, lane, avenue, parkwa riveway, square, place, bridge, viaduct or trestle any part of which is intended for used by the general public for the passage of vehicles and includes the area between
- c) COUNCIL - The Council of the Corporation of the City of Barrie.
- d) DBH - "Diameter at breast height" and refers to the diameter of the stem of a tree measured outside the bark at a point 1.37 metres (4.5 feet) above the highest point on the tree where the ground meets the stump.
- e) he tree. Major damage to a tree shall mean any one of
7. i.
- H. any wound greater than 1000 square centimeters:
- ii. if the wound in paragraph (i) or (il) contacts the ground then the wound shall be considered major damage if it is 60% of the size specified in paragraph (i) от (ii):
10. broken branches destroying more than 33% of the Crown;
11. the exposure, severing or compaction of more than 25% of the root area
- vi. the breaking off of any tree; or
- vii. the noticeable tipping of any tree.
- 1) DIRECTOR - The Director of the Operations Department for the City of Barrie or his or her designate.
3. EMERGENCY WORK - Includes work associated with drain repairs, utility repairs and structural repairs to a building or any other work of an emergency nature as defined in the City of Barrie's Right-of-Way Activity By-law (or its successors).
4. h)
5. i)
- k) HAZARD - Where a tree has been destabilized or structurally compromised, the supporting roots have failed or are cut, the main stem is cracked, the tree has a disease causing branch or stem decay sufficient to create significant risk of structural tale or pras of the see breaking ane using potental damage ote dany to of tor property.
- 1) INJURE and INJURY - Failure to protect a tree in accordance with the City of Barrie's "Tree Protection Manual" or other standards set out by the Director, entirely or in part, or any act that will harm a tree's health in any manner.
- n) LANDSCAPE PLAN - A plan or set of drawings which shows all related landscap vorks, specifications, standards and planting details and is signed and stamped by qualified Landscape Architect.
- n) problems, watering and fertilization.
- 0) IUNICIPAL LAW ENFORCEMENT OFFICER - A person appointed under th uthority of the Police Services Act for the purpose of enforcing City by-law
- p) OFFICER - A Municipal Law Enforcement Officer or other law enforcement officer a appointed by the Council of The Corporation of the City of Barrie, the Barrie Board o Police Commissioners, or a Provincial Offences Officer.
- 9) PERSON - Includes any individual, corporation, director or officer of a corporation partnership, association, firm, trust, or other entity and includes anyone acting o behalf or under the authority of such entity.
13. г) UBLIC PARK - All lands owned by or belonging to the City and as otherwise ma e designated for use as a public part
- s) UBLIC TREE - Any tree which has 50 percent or more of its main stern situated ‹ public park, highway or any lands owned by the City of Barri
15. t)
- 4) QUALIFIED LANDSCAPE ARCHITECT - A registered Landscape Architect in go anding with the Ontario Association of Landscape Architec
- v) REGISTERED PROFESSIONAL FORESTER - As defined in the Professional Foresters Act, S.O. 2000, c.18.
18. GRADE - A defined elevation of land that has been established as a result ol geologic, hydrologic, or other natural processes or by human alteration; that define: ravines, depressions, hills, stream channels, eskers or steepness of terrain.
- w)
- STANDARDS - The minimum requirements or guidelines established by the Directo or the protection and preservation of tree!
- ) TREE - Any species of woody perennial plant including its root system which ha eached or can reach a height of at least 4.5 metres (15 feet) at physiologici maturity. The term "tree" refers to all parts of the tree; roots, branches, leaves and
- z) TREE PLANTING DETAIL - The most recent version of City of Barrie Standard Details with notes pertaining to the planting of trees on any public park or City highway.
- aa) TREE PROTECTION MANUAL - The Manual maintained by the City of Barrie's Director of Engineering setting out standards for protection of trees in the City of Barrie, as amended from time to time.
- bb) TREE VALUE/APPRAISED VALUE - The monetary value of a public tree termined under the tree appraisal method within the City of Barrie's Tr Protection Manual.
- But nor inded o a had ye are growing location a es at et current City of Barrie Standard Details, a tree which impedes safe views or sightlines at or adjacent to a City highway or intersection, or any tree which, in the opinion of the Director, creates an unsafe condition for the public.
## APPLICATION OF BY-LAW
2. This by-law applies to all public trees within the boundaries of the City of Barrie.
## AUTHORITY FOR PLANTING, INSPECTION, MAINTENANCE, PROTECTION AND REMOVAL OF TREES
3. The planting, inspection, maintenance, protection and removal of all public trees shall be under the supervision of the Director.
## POWERS AND DUTIES OF THE DIRECTOR
4. The Director is authorized to:
- a) plant, or cause to be planted, public trees;
- b) maintain, or cause to be maintained, any public tree;
- c) inspect, or cause to be inspected, any public tree;
- d) ransplant, remove, or cause to be transplanted or removed, any public tree wher deemed necessary in the public interest
- e) move, or cause to be removed, without notice or compensation to any person ar bject or thing that adversely affects a public tre
7. g)
- h) implement, or cause lo be implemented, necessary treatments for insect and disease problems associated with a public tree;
9. i)
- j) Raco me an or cre a such a ta rocore, a may a required o
- k) remove, or cause to be removed, a healthy public tree where a written request for tree removal that includes a landscape plan satisfactory to the Director has been
- 1) refuse a request for the removal of a public tree;
- m) mace senio lo one pions or inter of credi mean of tet alarm or te by the applicant, or
- n) of a tree or trees
## PROTECTION
5. Evoy pace italine aily of Bane Tree Patec on anua and any your standards sit out by the Director as amended from time to time.
## INJURY AND REMOVAL OF TREES
6. No person shall injure, destroy or remove a public tree without the prior written approval of the Director. Approval may be subject to such conditions as the Director may impose, of a detaled Tree Protection Plan and provision of a qualified Arborist's, qualified Landscape Architect : or Registered Professional Forester's report detailing specific arboricultural procedures to be undertaken.
## PROHIBITED ACTIVITIES
7. Subject to Section 11 of this by-law:
2. ? person shall undertake or cause to undertake to remove, cut down, destroy ure a public tree except with the prior written approval of the Directo
- b) no person shall undertake or cause to undertake to mark, cut, break, peel or deface a public tree or any part of a public tree;
- c) branches of a public tree;
- d) o person shall undertake or cause lo undertake any activities that are contrary 1 he City of Barrie's Tree Protection Manual and any other standards of condition imposed or set out by the Director for the protection of a public tree except with the prior written approval of the Director,
6. Io person shall undertake or cause to undertake to attach in any manner any object of the Director bic tree or part of a public tre except with the prior written approval
7. 1)
8. poisons or at Endanger peris a 0, 207, acties that are contay to the
9. No person shall undertake or cause to undertake any activities that would result in the destruction of a Heritage Tree
10. No person shall undertake or cause to undertake any activities that would negatively affect the food or erosion control, or the ecological integrity of an Environmentally Protected Area (as defined in the City of Barrie's Zoning By-law, as amended from time to time).
## EXEMPTIONS FROM BY-LAW
11. Notwithstanding Sections 2 and 7, the prohibitions within this by-law do not apply to:
- a) public trees injured or removed by or under the direction of the City of Barrie;
3. b)
- c) vein of matra undertaken by to Provincial Goverment of Federal
- d) ublic trees located within waste disposal sites as defined in Part V of th Environmental Profection Act, R.S.O. 1990, c. E. 19
6. e)
7. г) while making a survey;
- g) a person working on or adjacent to a public tree pursuant to a Right-of-Way Activity Permit issued under the provisions of the Right-of-Way Activity By-law, provided that the person adheres to the tree protection specifications as set out in that by-law or its successors;
- h) the unavoidable injury or destruction of trees imposed after December 31, 2002 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 provided such removal is in compliance with any Tree Protection Plans required as a condition of those approvals or as a term of any subdivision or site plan agreement. For the purposes of this paragraph, the injury or destruction of trees is not unavoidable if it could have been prevented using tree protection measures such as those outlined in the City of Barrie's Tree Protection Manual; or,
10. the unavoidable injury or destruction of trees imposed after December 31, 2002 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 provided such removal is in compliance with any Tree Protection Plans required as a condition of those approvals or as a term of any subdivision or site plan agreement. For the purposes of this paragraph, the injury or destruction of trees is not unavoidable if it could have been prevented using tree protection measures such as those outlined in the City of Barrie's Tree Protection Manual.
## TREE PLANTING AND TREE REPLACEMENT
12. No person shall plant any public tree without the approval of the Director and such tree shall be planted in accordance with the appropriate City of Barrie Standard Details Approval by the Director will include the planting location, species, size and condition.
13. a me safelion or focator species sea can co an or a deal tee nder the City planting progran
3. lanting date must be approved by the Director
16. Where the Director has approved the removal of a public tree, such approval may be subject to conditions which include the applicant providing payment of tree value, removal and replacement costs and a minimum of one replacement public tree being planted for each public tree approved for removal
## ENFORCEMENT
- A Municipal Law Enforcement Officer, Provincial Offences Officer, Police Officer, or oth uly appointed individual shall enforce the provisions of this by-la
18. No person shall obstruct, hinder, or otherwise interfere with a Municipal Law Enforcement Officer, Provincial Offences Officer, Police Officer or other duly appointed individual in the lawful carrying out of their duties and responsibilities under the provisions of this by-taw.
## OFFENCES
- 1) fio Homever pet exte ayer and a motioum the shall not exceed
2. (b) the offence is not limited to $100,000.
3. (c) In the case of a multiple offence, for each offence included in the multiple offences, ninimum fine shall not exceed $500 and a maximum fine shall not exceed $10,00 However, despite paragraph (a), the total of all fines for each included offence is not limited to $100,000.
20. The City of Barrie designates that the destruction of each Tree is one offence in a series of multiple offences.
21. If a person is convicted of an offence for contravening this By-law the court in which thi conviction has been entered, and any court of competent jurisdiction thereafter, may orde he person to rehabilitate the land or to plant or replant Trees in such a manner and withi such period as the court considers appropriate, including any silvicultural treatmen necessary to re-establish the Trees.
## REMEDIAL ACTION
- action or by adding the costs to the tax roll and collecting them in the same manner as property taxes (Part XII of the Municipal Act, S.O. 2001, C. 25).
## CONFLICT WITH OTHER BY LAWS
23. Nothing in this by-law shall exempt any person from complying with the requirements of any by-law in force or from obtaining any license, permission, permit, authority or approval required under any by-law or legislation.
## ADMINISTRATION
24. If any section or sections of this by-law or parts thereof are found by any Court to be illega or beyond the power of the Council to enact, such Section or Sections or parts thereof shall be deemed to be severable and all other Sections or parts of this by-law shall be deemed to be separate and independent there from and continue in full force and effect unless and until similarly found illegal.
25. The short title of this by-law is the "Public Tree By-law".
3. By-law 2009-098 of the Municipality of the City of Barrie and all amendments thereto shall be repealed effective on the coming into force and effect of this by-law.
27. Despite Section 26 of this by-law, By-law 2009-098 of the Municipality of the City of Barri hall continue to apply to proceedings in respect of offences that occurred before its repea
5. THAT this by-law shall come into force and take effect immediately upon the final passing thereof.
READ a first and second time this 15** day of September, 2014. READ a third time and finally passed this 15" day of September, 2014.
THE CORPORATION OF THE CITY OF BARRIE
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CRYGLERK-DAWNA. MCALPINE