By-law 275-99 - Tree Planting and Maintenance on County Highways
Brant, Ontario
· adopted 1999-12-21
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BY-LAW NUMBER 275-99
- of
THE CORPORATION OF THE COUNTY OF BRANT
To regulate the planting and maintenance of
trees on and adjacent to County of Brant highways.
WHEREAS in accordance with Section 312 of the Municipal Act, being Chapter M.45 of
R.S.O. 1990, authority is vested in Council to regulate the planting and trimming of trees on any
highway.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE COUNTY OF
BRANT HEREBY ENACTS as follows:
1.
Definitions:
In this By-law:
"Highway" means a common and public highway;
"Person" includes any Corporation or Agency;
"Director of Public Works" means the Director of Public Works appointed by the County of
Brant, or such person or persons as he/she shall designate for any purpose of this By-law;
"County" means the Corporation of the County of Brant;
"Tree" includes a growing tree or shrub planted or left growing on a highway for the purpose
of shade or ornament.
2.
THAT the Director of Public Works or designate is hereby authorized to administer and
supervise:
i. the management of trees on County highways including the removal of any tree or trees
when considered necessary;
ii. the provision of trees, in replacement of trees removed pursuant to section 2(i) or 2(iv),
to owners of abutting properties, if deemed advisable, provided such replacement trees
are planted on the property of the abutting owner, not closer than ten feet from the road
allowance limit and any trees so planted become the property of the owner of the land in
which it is planted and the County is not liable for any maintenance or otherwise in
respect to said tree;
iii. the planting of trees on road allowances;
iv. the trimming of trees planted upon a highway or upon private property where the
branches extend over a highway, or the removal of decayed or dangerous trees;
v. all acts necessary to administer the provisions of this By-law.
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By-law Number 275-99
Page 2
3.
THAT no person, other than the County, shall plant any tree on a highway, without the
authority of the Director of Public Work or their designate.
4.
THAT no person, other than the County, shall remove, cut down or injure any tree or part
thereof located on a highway, without the authority of the Director of Public Works or their
designate.
5.
THAT where any person damages or injures any tree on a highway in any manner
whatsoever, such person shall pay all costs and expenses incurred by the County to:
i.
repair such damage;
ii.
remove the tree; and,
iii.
plant a replacement tree.
6.
THAT subject to the provisions of other applicable laws and the provisions of any
Agreements between the County and other persons, corporations or agencies, no person,
corporation or agency shall trim trees on highways for wires, poles, standards, conduits or
for any other purpose without first having obtained the approval of the Director of Public
Works or designate.
7.
THAT prior to the removal of any planted tree, the owner of the land to which the tree is
appurtenant shall be given ten (10) days written notice of the County's intention to remove
the tree, on the form attached hereto as Schedule "A". Provided, however, when the
removal of any tree is considered by the Director of Public Works or designate to be an
emergency, then no notice of removal shall be required to be given to the said owner.
Notice shall be deemed to be served by leaving it with a grown-up person residing on the
adjacent land or where the adjacent land in unoccupied by posting it in a conspicuous place
on the land.
8.
THAT every person who contravenes any provision of this By-law is guilty of an offence and
shall be liable pursuant to the provisions of the Provincial Offences Act, and any penalty
shall be recoverable pursuant to the provisions of the Provincial Offences Act.
READ a first and second time, this 21st day of December, 1999.
READ a third time and finally passed this 21st day of December, 1999.
THE CORPORATION OF THE COUNTY OF BRANT
Mayor
Clerk