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By-law 2014-115 (AS AMENDED)
PRIVATE TREE BY-LAW
A By-law of The Corporation of the City of Barrie to prohibit or
regulate the injuring or destruction of trees on private property
in the City of Barrie
Disclaimer:
The following consolidation is an electronic reproduction made available for
information only. It is not an official version of the By-law. The format may
be different, and plans, pictures, other graphics or text may be missing or
altered. The City of Barrie does not warrant the accuracy of this electronic
version.
This consolidation cannot be distributed or used for commercial purposes.
It may be used for other purposes, only if this disclaimer is repeated as well
as the notice of copyright.
Official versions of all By-laws can be obtained by contacting the Legislative
and Court Services Department at [email protected] or by phone 705-739-
4220 ext 5500
This By-law printed under and by
the authority of the Council of the
City of Barrie
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Bill No. 118
BY-LAW NUMBER 2014-115
A By-law of The Corporation of the City of Barrie to prohibit
or regulate the injuring or destruction of trees on private
property in the City of Barrie
WHEREAS, Section 135 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, permits
the enactment of a by-law by the Council of The Corporation of the City of Barrie for prohibiting or
regulating the injuring or destruction of trees or any class of trees;
AND WHEREAS, Council may require that a permit be obtained for the injuring or
destruction of trees or any class of trees specified in the by-law and prescribe the fees for the permit
and the circumstances under which a permit may be issued;
AND WHEREAS Council enacted By-law Number 2005-120 on the 6th day of June, 2005
to prohibit or regulate the injuring or destruction of trees on private property in the City of Barrie
and pursuant to motion 14-G-231 the Council of The Corporation of the City of Barrie has
determined that it is desirable to repeal By-law 2005-120 and enact a new by-law to prohibit or
regulate the injuring or destruction of trees as authorized in accordance with the Municipal Act,
2001;
NOW THEREFORE, the Council of The Corporation of the City of Barrie enacts as follows:
1. DEFINITIONS
In this by-law:
(a) "basal area" of a tree shall mean the area of a cross-section of the tree at "breast
height" (1.37 metres or 4.5 feet) measured in square metres;
(b) "basal area" of a woodlot shall mean the ratio of the sum of the basal areas of the
trees within the woodlot in square metres to the area of the woodlot in hectares;
(c) "breast height" refers to a point of measurement 1.37 metres above the highest point
on the tree where the ground meets the stump;
(d) "Building Permit" means a Building Permit issued under the Building Code Act, 1992,
S.O. 1992, c23, as amended;
(e) "Certified Arborist" means a person who is a specialist or expert in the area of the
care and maintenance of Trees and includes a graduate of a post-secondary
education in Arboriculture qualified by Skilled Trades Ontario or a certified Arborist
qualified by the International Society of Arboriculture, a consulting Arborist registered
with the American Society of Consulting Arborists, a registered professional forester
or a person with other similar qualifications as approved by the Director.
(f) "City" and "City of Barrie" means the municipality of The Corporation of the City of
Barrie;
(g) "Clerk" means the Clerk of The Corporation of the City of Barrie;
(h) "Council" means the Council of The Corporation of the City of Barrie;
(i)
"destroy" means the removal of trees or harm resulting in the death or ruin of trees by
cutting, burning, uprooting, chemical application or other means including irreversible
injury that may result from neglect, accident or design and the term "destruction" shall
have a corresponding meaning;
(j) "Diameter" means the diameter of the stem of a tree measured outside the bark at a
specified point of measurement;
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(k) "Director" means a Director or Department Head for the Corporation of the City of
Barrie or his or her designate, provided such designate is an Officer appointed under
this by-law;
(l) "DBH" means "diameter at breast height" and refers to the diameter of the stem of a
tree measured at a point 1.37 metres (4.5 feet) above the highest point on the tree
where the ground meets the stump;
(m) "good forestry practices" means the proper implementation of harvest, renewal and
maintenance activities known to be appropriate for the forest and environmental
conditions under which they are being applied and that minimize detriments to forest
values including significant ecosystems, important fish and wildlife habitats, soil and
water quality and quantity, forest productivity and health and the aesthetics and
recreational opportunities of the landscape;
And Good Forestry Practices permits the destruction or injuring of trees that:
i)
have been damaged by disease, insects, wind, ice, fire, lightning, or other
natural causes to an extent that the health of such trees is likely to further
deteriorate;
ii)
should be cut or removed to prevent disease or insects from spreading to other
trees;
iii)
are cut in accordance with the Provincial Silvicultural Guidelines as referred to
in the Forest Operations and Silviculture Manual and its revisions prepared
under the authority of the Crown Forest Sustainability Act, S.O. 1994, c. 25.
These Provincial Silvicultural Guidelines include, but are not limited, to: A
Silvicultural Guide to Managing Southern Ontario Forests, Silvicultural Guide
for the Tolerant Hardwood Forest in Ontario, A Tree Marking Guide for the
Tolerant Hardwood Working Group in Ontario, A Silvicultural Guide for the
Great Lakes - St. Lawrence Conifer Forest in Ontario;
iv)
are marked and cut as part of a woodlands management plan approved by a
Registered Professional Forester.
(n)
"Heritage Tree" means a tree that Council designates as being unique and of
importance to the City in terms of distinctive form, size, age and/or historical
significance;
(o)
"Injure" means to harm, damage or impair trees and includes, but is not limited to,
harm, damage or impairment caused by changing grades around trees, compacting
soil over root areas, severing roots, proper application of chemicals, improper pruning
or the removal of branches and bark and the term "injury" shall have corresponding
meaning;
(p)
"Landscape Architect" means a Landscape Architect who is a member, in good
standing, of the Ontario Association of Landscape Architects or the Canadian Society
of Landscape Architects;
(q)
"Major Damage" to a tree shall mean any one of:
(i)
a wound greater than the square of the DBH of the tree (for example, a wound
with an area of 100 square centimeters is major damage to a tree with a DBH
of 10 cm.)
(ii)
any wound greater than 1000 square centimeters
(iii)
if the wound in paragraph 1(l)(i) or 1(l)(ii) contacts the ground then the wound
shall be considered major damage if it is 60% of the size specified in paragraph
1(l)(i) or 1(l)(ii) respectively
(iv)
broken branches destroying more than 33% of the Crown
(v)
the exposure, severing or compaction of more than 25% of the root area
(vi)
the breaking off of any tree
(vii)
the noticeable tipping of any tree
(r)
"officer" means an individual designated in accordance with this bylaw for the
administration and enforcement of this by-law;
(s)
"orchard" means a plantation of fruit or nut trees;
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(t)
"owner" means the registered Owner(s) of the property;
(u)
"permit" means the authorization from the Director to injure or destroy trees pursuant
to this by-law;
(v)
"person" means any individual, corporation, partnership, association, firm, trust, or
other entity and includes anyone acting on behalf or under the authority of such entity;
(w)
"qualified forest technician" means someone who has graduated from a recognized
College with a diploma in Forestry who is also certified as a tree marker by the Ontario
Ministry of Natural Resources;
(x)
"Registered Professional Forester" as defined in the Professional Foresters Act, 2000,
S.O. 2000, c.18;
(y)
"Silviculture" means the theory and practice of controlling forest establishment,
composition, growth and quality of forests to achieve the objectives of management;
(z)
"tree" means a plant of any species of woody perennial plant including its root system
which has reached or can reach a height of at least 4.5 metres (15 feet) at
physiological maturity;
(aa) "Tree Protection Manual" means the manual maintained by the City of Barrie setting
out standards for protection of trees in the City of Barrie as amended from time to time.
Copies of which may be viewed and printed from the City of Barrie website at
www.barrie.ca;
(bb) "woodlot" means a woodlot as defined in paragraph 2 of this by-law;
(cc) "Zoning By-law" means the by-law regulating land use as provided for under the
Planning Act within the City of Barrie;
2. DEFINITION OF WOODLOT
(a)
For the purposes of this by-law a "woodlot" shall mean land of at least 0.2 hectares
(0.5 acres) in area covered with a density of trees that is not less than:
(i)
1000 trees of any size per hectare;
(ii)
750 trees, measuring over 5 centimeters in DBH per hectare;
(iii)
500 trees, measuring over 12 centimeters in DBH per hectare;
OR
(iv)
250 trees, measuring over 20 centimeters in DBH per hectare;
as illustrated by the City of Barrie's Official Woodlot Map, as amended from time to time.
(b)
For the purposes of this by-law, a boundary woodlot shall be defined by the ecological
limit of the woodlot and not by private property boundaries.
(c)
Notwithstanding paragraph 2(b), where a woodlot is dissected by a road, path or
natural feature such as a creek, the boundary of the woodlot shall be deemed to cross
the road, path or natural feature but the area of the woodlot shall be calculated
exclusive of the area of the municipal road or natural feature.
3.
APPLICATION OF BY-LAW
Subject to Section 5, this by-law applies to all trees in woodlots within the boundaries of the
City of Barrie.
4.
PROHIBITIONS
Subject to Section 5 of this by-law:
(a)
No owner, director or officer of a corporation for the owner shall cause or permit the
injury or destruction of a tree that is on the owner's land without first obtaining a permit
under this bylaw;
(b)
No person, whether or not the agent for the owner, shall injure or destroy a tree without
first having obtained a permit under this by-law;
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(c)
No person shall injure or destroy a tree other than in compliance with the terms and
conditions of a permit issued under this by-law;
(d)
No person shall fail to comply with an Order issued under this By-law; and
(e)
No person shall pull down or deface any Order posted under this bylaw.
5.
EXEMPTIONS FROM APPLICATION OF BY-LAW
Notwithstanding paragraph 3 and 4, this by-law does not apply to:
(a)
activities or matters undertaken by the City of Barrie;
(b)
activities or matters undertaken under a licence issued under the Crown Forest
Sustainability Act, 1994;
(c)
the injuring or destruction of trees by a person licensed under the Surveyors Act to
engage in the practice of cadastral surveying or his or her agent, while making a
survey;
(d)
the injuring 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;
(e)
the injuring 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;
(f)
the injuring or destruction of trees by a transmitter or distributor, as those terms are
defined in section 2 of the Electricity Act, 1998, for the purpose of constructing and
maintaining a transmission system or a distribution system, as those terms are defined
in that section;
(g)
the injuring or destruction of trees undertaken on land described in a licence for a pit
or quarry or a permit for a wayside pit or wayside quarry issued under the Aggregate
Resources Act; or
(h)
the injuring or destruction of trees undertaken on land in order to lawfully establish and
operate or enlarge any pit or quarry on land,
(i)
that has not been designated under the Aggregate Resources Act or a
predecessor of that Act, and
(ii)
on which a pit or quarry is a permitted land use under a by-law passed under
section 34 of the Planning Act. 2001, c. 25, s. 135 (12); 2002, c. 17, Sched. A,
s. 27 (3, 4).
6.
APPLICATION FOR PERMIT TO INJURE OR DESTROY TREES
Where a permit is required under this by-law:
(a)
The owner shall submit an application to the City containing the information set out in
Schedule "A" to this by-law, in such form as may be approved by the Director;
(b)
Each application shall be accompanied by the prescribed fee payable in accordance
with the Fees By-law, as it may be amended from time to time;
(c)
Every application shall be accompanied by a report from either:
(i)
a Landscape Architect or Registered Professional Forester providing such
information with respect to the woodlot as may be specified in Schedule "A" and
certifying that the injury or destruction of tree(s) is required to permit the
establishment or extension of a use permitted by the Zoning By-law and there
is no reasonable alternative to the injury or destruction of the tree(s); OR
(ii)
a Registered Professional Forester providing such information with respect to
the woodlot as may be specified in Schedule "A" and, if applicable, certifying
that the proposed injury to or destruction of the tree(s) is in accordance with
good forestry practices.
(d)
No application shall be considered complete unless accompanied by the information
and fee required in accordance with this by-law.
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7.
ISSUANCE OF PERMIT
(a)
Subject to paragraph 7(b) the Director may issue a permit to injure or destroy tree(s)
where the Director is satisfied that:
(i)
The injury or destruction of the tree(s) is in accordance with good forestry
practices, OR
(ii)
The injury or destruction of tree(s) is required to permit the establishment or
extension of a use permitted by the Zoning By-law and the Director is satisfied
that there is no reasonable alternative to the injury or destruction of the tree(s)
and the application meets the minimum requirements as prescribed within the
City of Barrie Tree Protection Manual.
(b)
A Permit shall not be issued where:
(i)
an Application required under this By-law has not been submitted in full or the
required fee has not been paid;
(ii)
a report as required by paragraph 6(c) has not been submitted or in the opinion
of the Director is not satisfactory;
(iii)
the permit would result in the destruction of a tree that is an endangered species
as defined in the Endangered Species Act, R.S.O. 1990, c. E.15, or successor
legislation;
(iv)
the permit would result in the destruction of a tree that is designated as a
heritage tree by City Council;
(v)
flood or erosion control, or the ecological integrity of a natural area, will be
negatively affected;
(vi)
the destruction of the tree would have the effect of reducing:
(1)
the density of trees in the woodlot below the density of trees necessary
to constitute a woodlot; or
(2)
the basal area of the woodlot in which the tree stands below 20 square
metres per hectare (85 square feet per acre), 15 square metres per
hectare (65 square feet per acre) of which is contained in the size class,
or classes 24 cm. (9.5 inches) DBH or greater, unless the reduction of
the basal area of the woodlot below these standards is in accordance
with good forestry practices.
8.
CONDITIONS TO PERMIT
The following shall be deemed to be conditions to the issuance of every permit under this
by-law:
(a)
Marking of Trees
At least 7 days prior to injuring or destroying any tree, but not prior to the issuance of
the permit, the owner shall cause all trees which are to be removed or destroyed to
be marked by a Registered Professional Forester, qualified forest technician or
Landscape Architect with clearly visible marks of yellow paint at breast height and
upon the stump to remain after cutting.
(b)
Notice of Intent
For at least 7 days prior to injuring or destroying any tree the owner shall post a sign,
having dimensions of not less than 61 cm. (24 in.) x 91 cm. (36 in.) in a conspicuous
place or places on the private land that is adjacent to all public roads abutting the
property and at any other locations designated by the Director. The sign will remain
in place in good, legible condition for a minimum of 60 days after the completion of
tree removals and include the following information:
(i)
notice that the work will occur in accordance with this by-law;
(ii)
the name of the owner;
(iii)
the name of the person or company retained to work on the trees on the land;
and
(iv)
the address and telephone number of a person acting on behalf of the owner
from whom further information on the proposed tree work may be obtained.
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(c)
Tree Preservation Measures
(i)
The owner shall cause the implementation of tree preservation measures
consistent with the City of Barrie's Tree Protection Manual.
(ii)
The owner shall cause the installation of all tree preservation measures to be
completed under the supervision of the Landscape Architect or Registered
Professional Forester and approved by the City of Barrie. Such measures shall
be inspected on a regular basis by the Landscape Architect or Registered
Professional Forester and a bi-monthly report made to the Director for the
duration of the active period of construction.
(d)
Limitation of Damage to Residual Trees
During the course of injuring or destroying trees within a woodlot pursuant to a permit
issued in accordance with this by-law, no person shall:
(i)
cause Major Damage to trees forming more than 10% of the total residual basal
area of the portion of the woodlot which is the subject of the permit;
(ii)
cause Major Damage to trees forming more than 15% of the residual basal area
in the size class of 10 cm DBH or more in the portion of the woodlot which is
the subject of the permit;
(iii)
cause major Damage to trees forming more than 15% of the residual basal area
in the size class of 10 cm DBH or less in the portion of the woodlot which is the
subject of the permit;
(iv)
create or permit skid trails covering more than 20% of the ground area in the
portion of the woodlot that is the subject of the permit.
(e)
Conditions required by the Director
(i)
In addition to the above conditions, the Director may attach conditions to the
Permit which in the opinion of the Director are reasonable and related to the
purposes of this By-law or the safety and convenience of the public.
(ii)
Prior to the commencement of any work that would result in injury to or
destruction of trees authorized pursuant to this by-law, the person causing such
work to be carried out shall ensure that the permit is posted in a conspicuous
place within the woodlot or is available on site and can be produced upon
request by an officer. The failure to post or produce a permit as required shall
constitute an offence.
9.
DURATION OF PERMIT
(a)
Every permit shall be issued to the owner and shall expire twelve (12) months after
issuance. For greater certainty, to the extent that the expiry date would occur during
the restricted period between March 15 to April 15 in any year as provided in
paragraph 9(b) below, the expiry date in the permit shall be deemed to have been
extended to a date in the month next following the restricted period that would have
the effect of granting the permit to an owner for a full twelve month period clear not
including the restricted period.
(b)
All permits for the injury or destruction of trees within woodlots will be deemed not to
be in effect during the period of March 15 to April 15. The Director may grant
exemptions to this requirement in writing having regard to the potential for rutting of
soil and subsequent damage to the ecology of the woodlot or designated area during
the spring break up period.
(c)
The Director may extend the expiration date of a Permit if a written request for an
extension is received by the Director a minimum of three (3) working days before the
date the Permit expires. Any request which is received after this time may require the
submission of a new application. Subject to paragraph 9(a), in no case shall the
Director extend a Permit for a period of greater than one year.
10.
DESIGNATION OF OFFICERS
In addition to the City of Barrie's Municipal Law Enforcement Officers, who are deemed to
be designated as Officers for the purposes of enforcing this bylaw, the individuals employed
by the City of Barrie and filling the positions set out in Schedule "B" are hereby designated
as Officers pursuant to the provisions of this by-law.
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11.
INSPECTIONS BY AN OFFICER OTHER THAN A MUNICIPAL LAW
ENFORCEMENT OFFICER
(a)
At a reasonable time and upon producing City of Barrie identification, an officer, other
than a Municipal Law Enforcement Officer, may enter and inspect any land to which
this by-law applies. A Municipal Law Enforcement Officer may enter and inspect any
land to which this by-law applies at any time.
(b)
Any person who obstructs an officer in carrying out an inspection under this by-law is
guilty of an offence.
12.
ENFORCEMENT
(a)
This by-law may be enforced by any person designated as an officer for the purposes
of this by-law;
(b)
An officer may, in carrying out an inspection be accompanied by an assisting person.
13.
ORDERS
(a)
Where an officer is satisfied that a person has contravened any provision of this by-
law, the officer may make an order requiring the person to stop the injuring or
destruction of trees and shall set out the particulars of the contravention. The order
shall set out the information contained in Schedule "C".
(b)
Where the Director is satisfied that a person has contravened any provision of this by-
law, the Director may make a repair order requiring the person to rehabilitate the land
or to plant or replant trees in such a manner and within such period as the Director
considers appropriate, including any silvicultural treatment necessary to re-establish
the trees.
(c)
An Order issued under this section may be served personally or served by sending it
by mail to the last known address of;
i)
the owner of the Woodlands; and
ii)
the person identified as injuring, destroying or harvesting a tree or trees.
(d)
Where service of an Order is made by mail, service shall be deemed to have been
served on the fifth day after the order is mailed.
(e)
Where service cannot be carried under section 8, subsection (b), it is deemed
sufficient if the Officer places a placard containing the terms of the Order in a
conspicuous place on the affected lands and the placing of the placard shall be
deemed to be sufficient service of the Order on the person to whom the Order is
directed.
(f)
A person to whom an order under this section has been directed may appeal the order
to Council by filing a written notice of appeal with the Clerk within 30 days after the
date of the order. Council may confirm, alter or revoke the order.
(g)
As soon as practicable after a notice of appeal is filed, Council shall hear the appeal
and may confirm, alter or revoke the order and the decision of Council shall be final.
14.
OFFENCES
(a)
Every person who contravenes the provisions of any section of this by-law, or
contravenes the terms or conditions of a permit or an Order issued under this By-law
and every Director or Officer of a Corporation, who concurs in the contravention by
the Corporation, is guilty of an offence is liable to a system of fines according to the
Municipal Act.
(i)
A minimum fine shall not exceed $500 and a maximum fine shall not exceed
$100,000. However, a special fine may exceed $100,000.
(ii)
In the case of a continuing offence, for each day or part of a day that the offence
continues, a minimum fine shall not exceed $500 and a maximum fine shall not
exceed $10,000. However, despite paragraph (a), the total of all of the daily
fines for the offence is not limited to $100,000.
(iii)
In the case of a multiple offence, for each offence included in the multiple
offences, a minimum fine shall not exceed $500 and a maximum fine shall not
exceed $10,000. However, despite paragraph (a), the total of all fines for each
included offence is not limited to $100,000.
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(iv)
A special fine may be imposed in accordance with Subsection 429(2)(d) of the
Municipal Act. In addition to a fine under clause (a) to (c) above, a special fine
may be imposed in circumstances where there is an economic advantage or
gain from the contravention of this by-Law or an order under Section 10 of this
By-Law, and the maximum amount of the special fine may exceed $100,000
pursuant to Subsection 429(3)(1) of the Municipal Act.
(b)
The City of Barrie designates that the destruction of each Tree is one offence in a
series of multiple offences.
(c)
If a person is convicted of an offence for contravening this By-law the court in which
the 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 period as the court considers appropriate, including any
silvicultural treatment necessary to re-establish the trees.
15.
CONFLICT WITH OTHER BY-LAWS
(a)
If there is a conflict between this By-law and a by-law passed under the Forestry Act
or Municipal Act, the provision that is most restrictive of the injuring or destruction of
trees prevails;
(b)
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.
16.
ADMINISTRATION
(a)
Schedules "A - C" shall form part of this By-law.
(b)
If any section or sections of this by-law or parts thereof are found by any Court to be
illegal 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.
(c)
The short title of this By-law is the "Private Tree By-law".
(d)
By-law 2005-120 of the Municipality of the City of Barrie shall be repealed effective on
the coming into force and effect of this By-law.
(e)
Despite subsection (d) of this section, By-law 2005-120 of the Municipality of the City
of Barrie shall continue to apply to proceedings in respect of offences that occurred
before its repeal.
17.
THAT this By-law shall come into force and effect upon the day of passing thereof.
READ a first and second time this 15th day of September, 2014.
READ a third time and finally passed this 15th day of September, 2014.
THE CORPORATION OF THE CITY OF BARRIE
"ORIGINAL SIGNED"
MAYOR - J.R. LEHMAN
"ORIGINAL SIGNED"
CITY CLERK - DAWN A. MCALPINE
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SCHEDULE 'A'
Information Required for Application
1.
Name, address and telephone number of all owners.
2.
Signature or authorization of all owners.
3.
Name, address, and telephone number and qualifications of Landscape Architect,
Registered Professional Forester or qualified forest technician submitting report as part of
application.
4.
Names, address, and telephone number of person retained to perform work on trees under
permit, and contact name if corporation or company.
5.
Fax numbers and e-mail addresses for the owner(s), Landscape Architect, Registered
Professional Forester, qualified forest technician and person performing work on trees where
available.
6.
Municipal address of property (if assigned).
7.
Legal description of property.
AND EITHER
8.
A Tree Inventory and Preservation Plan signed and stamped by a Landscape Architect or
Registered Professional Forester containing but not limited to:
(a)
a general description of the history of use of the property;
(b)
importance of the property to the surrounding landscape;
(c)
a key map of the property showing the location of the property within the City of Barrie;
(d)
a detailed inventory map of the property showing the property boundary, vegetation
type boundaries, adjacent property vegetation, fences, road, access roads or trails,
hydro lines, utility lines, windbreaks, watercourses, grass fields, railways, buildings,
towers, bridges, quarries, dams, treed floods or swamps, mines, brush, marshes,
debris piles, shallow rocky areas, orchards, hazard areas, developed agricultural
lands, plantations, and woodland areas;
(e)
details with respect to soil types, topography, physical features, water features,
drainage, access, wildlife, existing grading and proposed grading and an inventory of
trees and tree regeneration, and the method of assessing the inventory of trees with
respect to each distinct area or compartment within the woodlot;
(f)
an analysis and prescription for each vegetation area regarding preservation,
conditional preservation, removals and revegetation in accordance with the
establishment or extension of a use permitted by the Zoning By-law;
(g)
a map showing the extents of the areas of preservation, conditional preservation,
vegetation removals and restoration where applicable; and
(h)
a prescription for tree preservation measures, including monitoring, notes,
specifications and details for the duration of active development on the property.
OR
9.
A Woodlot Management Plan and/or Managed Forest Plan prepared in accordance with all
applicable Federal, Provincial and Municipal laws which is certified by a Registered
Professional Forester and includes, but is not limited to:
(a)
a general description of the history of use of the property;
(b)
importance of the property to the surrounding landscape;
(c)
a key map of the property showing the location of the property within the City of Barrie;
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(d)
a detailed map of the property showing the property boundary, vegetation type
boundaries, fences, road, access roads or trails, hydro lines, utility lines, windbreaks,
watercourses, grass fields, railways, buildings, towers, bridges, quarries, dams, treed
floods or swamps, mines, brush, marshes, debris piles, shallow rocky areas, orchards,
hazard areas, developed agricultural lands, plantations, and woodland areas;
(e)
details with respect to soil types, topography, physical features, water features,
drainage, access, wildlife, and inventory of trees and tree regeneration, and the
method of assessing the inventory of trees with respect to each distinct area or
compartment within the woodlot which may be subject to different considerations in
accordance with good forestry practices;
(f)
a description of the short term and long term objectives of the landowner with respect
to environmental protection, income/investment from the woodlot, wildlife habitat,
recreation, forest products, or other objectives, the priorities assigned to these
objectives and the plans for accomplishing these objectives; and
(g)
a silvicultural prescription for each forest compartment within the woodlot including a
description of any trees to be injured, destroyed or removed, together with a statement
that the silvicultural prescription is in accordance with good forestry practices.
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SCHEDULE 'B'
Appointment of Officers
In addition to Municipal Law Enforcement Officers, the following persons employed by the City of
Barrie are designated as officers with authority to administer this by-law:
-
A Director of the Corporation of the City of Barrie
-
Manager of Infrastructure Planning Group
-
Manager of Roads and Parks Operations
-
Supervisor of Parks Planning and Development
-
Forestry Supervisor
-
Landscape Architectural Planners
-
Forestry Coordinator
-
Such other person(s) employed by the City of Barrie as may be appointed by a Director
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SCHEDULE 'C'
STOP WORK ORDER
YOU ARE HEREBY DIRECTED AND ORDERED TO forthwith stop, halt, cease, and desist
from any and all works associated with the destruction of trees or removal thereof from
those lands comprising;
MUNICIPAL ADDRESS / LEGAL DESCRIPTION OF THE PROPERTY:
_____________________________________________________________________________
LOT: ________CONCESSION:__________ MUNICIPALITY: ______________
OWNER / INDIVIDUAL RESPONSIBLE FOR DESTRUCTION OR INJURY OF
TREES:
DESCRIPTION OF INFRACTION:
Date of Inspection: ______________________
Effective Order Date: ____________________ TO _____________________
Signature of Officer: ____________________________ Date:
Pursuant to By-law 2005-120 Section 13, subsection (f) Where the person to whom the Order
is directed has been served in accordance with this By-law is not satisfied with the terms of
the Order, the person may appeal to Council by filing Notice of Appeal by personal service
or certified mail to the Clerk within 30 days after the date of the Order.
{Contact Information, Phone Number}
Copy to: By-law Enforcement, Director, Consultant, Planning, Engineering, Clerks
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AMENDMENTS TO BY-LAW 2014-115
By-law 2023-054
Adding definition - Section 1e
Certified Arborist and other
sections renumbered
May 17, 2023