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The Corporation of the City of Burlington
City of Burlington By-law 40-2022
A by-law to prohibit and regulate the destruction and injury of trees on private land
within the Urban Planning Area Boundary of City of Burlington and to repeal By-law
No. 02-2020, The City of Burlington Private Tree By-law
(RPF-08-2022, File 802-11)
Whereas the Council of the Corporation of the City of Burlington is authorized, without
limiting the broad municipal powers, by subsection 11(2) and sections 135, 139 to 141, 429,
431 and 444 of the Municipal Act, 2001, S.O. 2001 c.25, as amended, to regulate and
prohibit the destruction or injuring of trees and to provide for a system of fines and other
enforcement orders;
Whereas the Council of the Corporation of the City of Burlington has determined that not
all trees on private property are adequately regulated through other laws, by-laws, policies
and procedures and passed By-law No. 02-2020 to regulate the injury or destruction of
trees and encourage the preservation and planting of trees within the Urban Planning
Area Boundary of the municipality;
Whereas Council for the City of Burlington considers it desirable and necessary to repeal By-
law No. 02-2020, and to enact a new by-law to regulate the injury and destruction of private
trees;
Whereas the Halton Region Tree By-law 121-05 regulates the destruction or injuring
of trees in woodlands with the parameters set out in that By-law; and,
Now therefore the Council of the Corporation of the City of Burlington hereby enacts as
follows:
PART I: DEFINITIONS
1.1.
For the purposes of this by-law, the following definitions shall apply:
"Administrative Monetary Penalties By-law" means the Administrative Penalties
By-law 40-2016 of the City, as amended or replaced from time to time;
"administrative penalty" means an administrative monetary penalty (AMP)
established by this By-law and specified in the Administrative Monetary Penalties
By-law;
"applicant" means an owner of a lot or the owner's authorized representative;
"application" means a complete tree permit application;
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"application processing fee" means the fee charged by the City for the
administration of a tree permit application under this By-law as may be prescribed
from time to time in the City's Rates and Fees By-law;
"arborist report" means a technical report prepared by a qualified tree
professional which details specific and accurate information about trees, including
but not limited to location, species, size, condition, structural integrity, disease,
infestations and vitality, and identifies the nature of work to be undertaken as well
as appropriate tree protection and preservation measures to be implemented
according to the Standard Specifications for Tree Protection and Preservation;
"boundary tree" means a tree where any part of its trunk is growing across one or
more property lines;
"City" means "The Corporation of the City of Burlington";
"compliance inspection fee" means the fee charged by the City for an inspection
to confirm compliance with this By-law or any Order or direction issued under this
By-law as may be prescribed from time to time in the City's Rates and Fees By-law;
"Council" means the Council for the City of Burlington;
"dead" means a tree with no living tissue;
"destroy" or "destruction" mean any of the following:
(a)
to remove or cut down a tree; or
(b)
to injure a tree to such an extent that the tree is deemed by the
Manager to be a high-risk tree or is no longer viable such that it is
necessary to remove the tree, or that the tree's vitality has been
reduced to such an extent that in the opinion of the Manager, the tree
cannot recover to be maintained in a safe and healthy condition such
that it is necessary to remove the tree.
"diameter at breast height" or "DBH"
(a)
means the measurement of the diameter of the trunk of a tree from the
outside bark at a height of 1.37 meters above the existing ground
adjoining its base; or,
(b)
where there are multiple stems of a tree, means the square root of the
sum of each stem diameter squared measured from the outside bark
at a height of 1.37 meters;
"Director" means the Director of Roads, Parks and Forestry for the City of
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Burlington, and includes the Director's designate;
"emergency tree work" means:
(a)
any work requiring the destruction of a tree where the likelihood of tree
failure is imminent or a tree or part of tree is in active failure; or
(b)
where a tree must be injured or destroyed to conduct work in order to
address an immediate danger to the health and safety of any person or
property. Work may include but is not limited to works associated with
immediate watermain repairs, drain repairs, utility repairs, and
structural repairs to a building.
"fee" or "fees" means the fees prescribed in the Rates and Fees By-law;
"good arboricultural practice" means the removal, planting and tree
maintenance activities in accordance with the American National Standards ANSI
A300 and best management practices identified by the International Society of
Arboriculture, conducted to the satisfaction of the Manager;
"heritage tree" means trees designated under Part IV of the Ontario Heritage Act,
R.S.O. 1990, c. 0.18, as amended or trees recognized as heritage trees by Forests
Ontario and the Ontario Urban Forest Council;
"high-risk tree" means a destabilized or structurally compromised tree where there
is a high-risk of failure, but the failure is not imminent;
"injure" or "injury" or "injured" means any act or omission that may harm or
damage a tree's health and/or structure, in any manner, including, but not limited to
any or a combination of the following:
(a)
removing, cutting, girdling, or smothering of a tree or roots;
(b)
pruning that does not follow good arboricultural practice;
(c)
failing to protect a tree in accordance with the Standard Specifications
for Tree Protection and Preservation;
(d)
interfering with the water supply of a tree;
(e)
setting fire to a tree;
(f)
affixing materials to a tree;
(g)
mechanical damage to a tree;
(h)
transplanting a tree;
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(i)
applying chemicals on, around or near the tree;
(j)
compaction, excavation or re-grading within the tree protection zone;
(k)
storing materials within the tree protection zone that have the
potential, in the sole opinion of the Manager, to affect the health of
the tree; and,
(l)
any other damage resulting from neglect, or by design;
"invasive" means any tree that is classified as prohibited or restricted as defined in
the Invasive Species Act, 2015, S.O. 2015, c. 22, or if the tree is listed as a noxious
weed as defined by the Weed Control Act, R.S.O. 1990, c. W.5;
"lot" means a parcel of land having specific boundaries which is capable of legal
transfer;
"Manager" means the Manager of Urban Forestry for the City of Burlington, or
designate;
"nursery" means a lot on which the principal active business is the selling of plants,
shrubs and trees to the public;
"Officer" means a person appointed by Council as a municipal law enforcement
officer, a by-law enforcement officer of the City, or a person appointed under this
By-law to administer or enforce this By-law and includes a person employed by the
City whose duties are to enforce this By-law;
"orchard" means a Lot on which the principal active business is the growing of fruit
for sale to the public;
"order" means an order issued under this By-law;
"owner" means a registered owner of the lot, and their respective successors and
assigns;
"permit extension fee" means the fee charged by the City to extend a tree permit
under this By-law as may be prescribed from time to time in the City's Rates and
Fees By-law;
"permit holder" means:
(i)
the owner(s) of a lot for which a tree permit has been issued; or
(ii)
an agent that has obtained a tree permit on behalf of the owner;
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"permit issuance fee" means the fee charged by the City under this By-law when
a tree permit is issued as may be prescribed from time to time in the City's Rates
and Fees By-law;
"permit transfer fee" means the fee charged by the City to transfer or assign a tree
permit under this By-law as may be prescribed from time to time in the City's Rates
and Fees By-law;
"person" includes an individual, sole proprietorship, partnership, association, or
corporation;
"private property" means all lots or property except lots or property owned by the
City;
"pruning" means the removal of branches from a tree in accordance with good
arboricultural practice;
"qualified tree professional" means a professional who has gained recognized
certifications, qualifications and expertise in the care and management of trees.
Recognized certifications and qualifications for qualified tree professionals include:
(a)
Registered Consulting Arborist (RCA) with the American Society of
Consulting Arborists (ASCA);
(b)
Board Certified Master Arborist or Arborist Municipal Specialist with
the International Society of Arboriculture (ISA);
(c)
Registered Professional Forester (RPF) as defined in the Professional
Foresters Act, 2000, S.O. 2000, c.18;
(d)
Certified Arborist with the International Society of Arboriculture; or,
(e)
Qualified Tree Risk Assessor with the International Society of
Arboriculture (ISA);
"Rates and Fees By-law" means City of Burlington By-law 61-2021 to impose
Rates and Fees, as amended or replaced from time to time;
"replacement tree" or "replacement trees" means a tree(s) that is planted as a
condition of a tree permit issued under this By-law to replace another tree(s) that was
approved for destruction under this By-law.
"replacement tree security" means the fee charged by the City, to be held as a
security deposit, pending compliance with a tree replacement plan submitted under
this By-law, as may be prescribed from time to time in the City's Rates and Fees By-
law;
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"replacement tree fee" means the fee charged by the City for payment as cash-in-
lieu of planting a replacement tree(s) under this By-law, as may be prescribed from
time to time in the City's Rates and Fees By-law, which fee shall be deposited by the
Manager into the Reserve Fund;
"reserve fund" means the Tree Planting Initiative Reserve Fund established by
City of Burlington By-law 55-2020, as amended;
"significant tree" means a tree with a diameter at breast height of 75cm or greater;
"Standard Specifications for Tree Protection and Preservation" means the
most recent version of the City of Burlington Standard Specifications for Tree
Protection and Preservation;
"terminal condition" means the advanced and irreversible decline in physiological
and/or structural condition of a tree, that has resulted in the majority of crown die-
back or failure, due to abiotic or biotic factors and/or severe insect infestation or
infection by a pathogen;
"TRAQ report" means a report prepared by a qualified tree professional and who is
a qualified tree risk assessor in accordance with the ISA Tree Risk Assessment
Qualification;
"tree" means any species of woody perennial plant, including its root system that
will reach a height of at least 4.5m at physiological maturity;
"tree permit" means a permit issued by the City under this By-law;
"tree protection plan" means a scaled two-dimensional plan prepared by a
qualified tree professional in conjunction with an arborist report that identifies the
accurate location, species, and size of trees and identifies the extent of injury or
destruction, as applicable, and illustrates details of protection measures including
the location of protective barriers;
"tree protection zone" means the minimum setback from a tree (including above
and below ground level) required to protect the health and structural integrity of a tree
as prescribed by the City's Standard Specifications for Tree Protection and
Preservation, as amended or replaced from time to time;
"tree replacement plan" means a scaled two-dimensional plan that identifies the
location, species, and size of trees proposed for planting and illustrates planting
details;
"Urban Planning Area Boundary" means lands located within the Urban Planning
Area Boundary identified on 'Schedule 'B'- Comprehensive Land Use Plan- Urban
Planning Area' of the City's Official Plan, as amended or replaced from time to time,
and in the event of any ambiguity, it means lands as identified and interpreted by
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Manager of Policy and Community, in its sole discretion, in accordance with the
City's Urban Planning Area Boundary and the City's Official Plan policies, as
amended or replaced from time to time; and,
"woodland" means an area of land defined as a woodland in the Halton Tree By-
law 121-05, as amended, with at least:
(a)
(i)
1000 Trees, of any size, per hectare or 500 such Trees
per 0.5 hectare;
(ii)
750 Trees, measuring over five (5) centimetres in
Diameter at DBH, per hectare or 375 such Trees per 0.5
hectare;
(iii)
500 Trees, measuring over twelve (12) centimetres in
Diameter at DBH, per hectare or 250 such Trees per 0.5
hectare; or
(iv)
250 Trees, measuring over twenty (20) centimetres in
Diameter at DBH, per hectare or 125 such Trees per 0.5
hectare;
but does not include:
(b)
(i)
an active cultivated fruit or nut orchard;
(ii)
a plantation established for the purpose of producing
Christmas Trees;
(iii)
a plantation specifically planted and maintained for the
purpose of harvesting as certified in writing by an Officer
based on field inspection and investigation;
(iv)
a Tree nursery, or
(v)
a narrow linear strip of Trees that defines a laneway or
a boundary between fields
For the purpose of this By-law, the boundary of a woodland shall be defined by the
ecological limit of the woodland and not by property boundaries. Where a potential
woodland is dissected by a road or path not wider than 20m or by a natural feature
such as a creek, the boundary of the woodland shall be deemed to cross the road,
path or natural feature, but the area of the woodland shall be calculated exclusive
of the area of the road, path or natural feature.
PART 2: BY-LAW TITLE
2.1
The short title of this By-law shall be the "Private Tree By-law".
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PART 3: APPLICATION OF THE BY-LAW
3.1
This By-law applies to trees on private property within the Urban Planning Area
Boundary in the City of Burlington, but does not apply to woodland that are governed
by the Halton Region Tree By-law 121-05 as amended, or replaced from time to
time.
3.2
Nothing in this By-law shall exempt any person from complying with any other By-
law or requirement of the City, or from obtaining any certificate, licence, permission,
permit, authority or approval required by the City including in any other City By-law.
3.3
Nothing in this By-law, or a tree permit issued pursuant to this By-law, is to be
construed as permitting anything which is prohibited under federal or provincial
legislation, and where there is a conflict in this respect between federal or provincial
legislation and this By-law, the federal or provincial legislation prevails.
PART 4: AUTHORITY
4.1
The Director and Manager are authorized to administer and enforce this By- law.
4.2
The Director is authorized to:
(a)
perform any act that the Manager or an Officer is authorized to perform
under this By-law;
(b)
prescribe the form of any notices, applications, permits, policies, guidelines,
and documents required or permitted pursuant to this By-law, and to amend
or revise such notices, applications, permits, policies, guidelines or
documents, from time to time;
(c)
impose, amend or revise the City standards and specifications relating to
this By-law; and
(d)
conduct reviews under Part 9 of this By-law and, on a review under Part 9 of
this By-law, where in the Director's opinion it is reasonable to do so, provide
relief from the tree permit application requirements under section 7.1 of this
By-law.
4.3
The Manager is authorized to:
(a)
issue notices and orders under this By-law;
(b)
issue, refuse, revoke, extend, transfer, or assign tree permits; and
(c)
establish conditions related to tree permits.
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4.4
Officers are authorized to enforce this By-law and shall have the authority to:
(a)
carry out inspections;
(b)
issue orders or impose other requirements as authorized under this By-law;
and
(c)
give immediate effect to any orders or other requirements made under this
By-law.
PART 5: OBLIGATIONS AND PROHIBITIONS
5.1
Except as provided under Part 6 of this By-law, no Person shall, without obtaining a
tree permit under this By-law:
(a)
injure or destroy a tree, or cause or permit the injury or destruction of a tree
with a DBH of 20cm or greater. Where a tree has been injured or
destroyed and a DBH measurement is no longer possible, then the tree
stump will be measured at grade. If the tree stump measurement is 20cm
at grade then the provisions of this Bylaw apply;
(b)
injure or destroy, or cause or permit the injury or destruction of a
heritage tree, unless they also receive approval to do so under the
requirements of the Ontario Heritage Act, R.S.O 1990, c. O.18;
(c)
injure or destroy, or cause or permit the injury or destruction of any tree listed
under the provincial Endangered Species Act, 2007, c. 6 or those tree species
provided protection by the federal Species at Risk Act, 2002, S.C. 2002, c.
29, unless they also receive approval to do so under the requirements of the
provincial Endangered Species Act, 2007, c. 6 or the federal Species at Risk
Act, 2002, S.C. 2002, c. 29; or,
(d)
injure or destroy a replacement tree.
5.2
Every person shall comply with any order or notice issued under the authority of
this By-law.
5.3 No person shall:
(a)
injure or destroy, or cause or permit the injury or destruction of any tree(s) or
replacement tree(s) other than in compliance with this By-law, the Standard
Specifications for Tree Protection and Preservation, and all other applicable
laws;
(b)
contravene, or cause or permit the contravention of the terms or conditions
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of a tree permit, this By-law, or any policy or guideline made or issued under
this By-law;
(c)
hinder or obstruct, or attempt to hinder or obstruct, either directly or indirectly,
an Officer or any person who is exercising a power or performing a duty
under this By-law;
(d)
provide false or inaccurate information in an application for a tree permit
under this By-law or any document or thing required to be submitted under
this By-law;
(e)
provide false information or give a false statement to an Officer or an
employee and/or agent of the City while in the lawful exercise of a power or
duty under this By-law;
(f)
fail to submit a tree protection plan required under section 7.17 of this By-
law; or
(g)
fail to comply with a tree protection plan required under section 7.17 of this
By-law.
PART 6: EXEMPTIONS
6.1
This By-law does not apply to the injury or destruction of trees:
(a)
for the purpose of pruning;
(b)
located in a nursery or orchard;
(c)
classified as invasive;
(d)
in connection with activities or matters undertaken by a municipality or a local
board of a municipality;
(e)
in connection with activities or matters undertaken under a licence issued
under the Crown Forest Sustainability Act, 1994;
(f)
by a person licenced under the Surveyors Act to engage in the practice of
cadastral surveying or his or her agent, while making a survey;
(g)
for the purpose of satisfying conditions to the approval of a site plan, a plan
of subdivision, or consent under sections 41, 51 or 53 of the Planning Act, or
as a requirement of a site plan, subdivision agreement entered into under
those sections of the Act;
(h)
for the purpose of satisfying a condition to a development permit authorized
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by regulation made under section 70.2 of the Planning Act, as a requirement
of an agreement entered into under the regulation;
(i)
by a transmitter or distributor as defined in the Electricity Act 1998 and is for
the purpose of constructing and maintaining a transmission system or a
distribution system as defined under that Act;
(j)
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;
(k)
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, or
(ii)
on which a pit or quarry is a permitted land use under a by-law
passed under section 34 of the Planning Act.
(l)
for the purpose of emergency tree work, subject to the emergency
notification requirements contained in this By-law;
(m)
where the destruction of a tree is required by an order made under the City's
Property Standards By-law 28-2009, as amended or replaced from time to
time; or
(n)
that are the property, or under the care and/or control, of either the Royal
Botanical Gardens or Conservation Halton.
6.2
Where emergency tree work has occurred, the owner shall:
(a)
notify the Manager in writing, within seventy-two hours of the
commencement of the emergency tree work; and
(b)
provide documentation requested by the Manager, which may include, but is
not limited to, an arborist report, engineering reports, work orders, locates,
photographs of the emergency tree work including those associated with the
size and height of the subject tree(s) and measurement of the distance to
any nearby building or structure.
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PART 7: TREE PERMITS AND TREE PROTECTION
Tree Permits - General
7.1
A person seeking to injure or destroy a tree(s) in relation to which a tree permit is
required under this By-law, shall apply for a tree permit by submitting the following
to the Manager:
(a)
a completed tree permit application form;
(b)
a non-refundable application processing fee, subject to section 7.4 of this
By-law;
(c)
prior to the issuance of a tree permit, and the applicable permit issuance
fees;
(d)
a drawing or sketch showing the location of trees to be injured, destroyed, or
retained;
(e)
an arborist report, if required, in a form satisfactory to the Manager;
(f)
a scaled, 2-dimensional tree protection plan, if required, in a form
satisfactory to the Manager;
(g)
if seeking to destroy a tree:
(i) a tree replacement plan in a form satisfactory to the Manager and the
required replacement tree security, as determined by the Manager; or
(ii) replacement tree fees as determined by the Manager;
(h)
if the person who is applying for the tree permit is not the owner of the lot
where the tree(s) that will be injured or destroyed is located, the written
consent of the owner of the lot where the tree(s) that will be injured or
destroyed is located;
(i)
where the tree(s) is considered a boundary tree(s), the written consent of the
adjacent property owner(s);
(j)
a report completed by a qualified tree professional, which may include, but is
not limited to, a TRAQ Report, prior to the issuance of a tree permit for the
purpose of determining if the proposed work is able to proceed to the
satisfaction of the Manager; and,
(k)
any revised or additional information or documentation as may be required
by the Manager to determine if the tree permit should be issued.
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7.2
After receipt of a complete application, including any revised or additional
information required, the Manager may:
(a)
issue a tree permit(s) with or without conditions, in accordance with section
7.6 of this By-law;
(b)
refuse to issue a tree permit(s) for any of the reasons stated in section 7.7 of
this By-law;
(c)
advise the applicant that no tree permit(s) is required for the work proposed
in the application, and in that case, no further fee shall be payable; or
(d)
where an application for rezoning, official plan amendment, a consent, a
minor variance, a plan of subdivision or a site plan to the lot on which the
tree(s) is located has been submitted to the City, but has not received final
approval, advise the applicant that any tree permit applications associated
with the same lot will be considered together with and will be dependent
upon any final approvals associated with those other types of applications.
7.3
If an applicant for a tree permit:
(a)
does not provide the information or documents required under section 7.1
within the time specified by the Manager; or
(b)
has not taken any active steps to complete the tree permit application
process and the application is more than one year old,
the application shall be deemed withdrawn and the applicant shall not be entitled to
a refund of any prescribed fees paid. The Manager may close the tree permit
application file when the applicant withdraws or is deemed to have withdrawn the
application.
Fee Exemptions
7.4
Application processing fees and permit issuance fees are not required for a tree
permit application if any of the following conditions apply:
(a)
the tree(s) has been confirmed dead, to the satisfaction of the Manager;
(b)
the tree(s) has been confirmed to have a terminal condition, to the
satisfaction of the Manager;
(c)
the tree(s) has been confirmed to be a high-risk tree, to the satisfaction of
the Manager;
(d)
the injury or destruction of the tree(s) is undertaken or required by Habitat
for Humanity, the Halton Community Housing Corporation, or other
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recognized not-for-profit housing organizations, as confirmed to the
satisfaction of the Manager; or
(e)
the tree(s), to the satisfaction of the Manager, is in conflict with work or
activities that are necessary to remedy or prevent a deficiency affecting a
person or property associated with underground infrastructure or the
structural integrity of a building, as confirmed through the supply of
supporting documentation including, but not limited to, reports from
contractors and/or engineers.
Issuing Tree Permits
7.5
The circumstances in which the Manager may issue a tree permit for the injury or
destruction of a tree include the following:
(a)
the tree(s) has been confirmed dead, to the satisfaction of the Manager;
(b)
the tree(s) has been confirmed to have a terminal condition, to the
satisfaction of the Manger;
(c)
the tree(s) has been confirmed to be a high-risk tree, to the satisfaction of
the Manager;
(d)
despite subsections 7.7(b) and 7.7(c) of this By-law, where the application
satisfies the requirements of this by-law, there will be no negative impacts to
flood or erosion control or slope stability that cannot be adequately
mitigated, and:
(i)
the application is to permit the creation or extension of a building or
structure which requires the tree(s) to be injured or destroyed for the
proposed works, and the Manager determines that there are no
reasonable alternatives to the injury or destruction of the tree(s);
(ii)
the tree(s) is in conflict with a pool enclosure, and the Manager
determines that there are no reasonable alternatives to the injury or
destruction of the tree(s);
(iii)
the tree(s) are causing or are likely to cause damage to underground
infrastructure or the structural integrity of a building;
(iv)
the tree(s) are to be relocated and the Manager is satisfied that the
tree(s) will be sufficiently prepared for relocation;
(v)
the owner has submitted a tree protection plan to the satisfaction of
the Manager and it is reasonably determined by the Manager that:
i.
the injury is minor in nature; or
ii.
that the applicant has proposed remedial and/or
Page 15 of 25
mitigative measures and the tree is expected to
continue to survive in good condition; or
(vi)
none of subsections 7.5(d)(i) -(v) are applicable, but the Manager
determines that there are no reasonable alternatives to the injury or
destruction of the tree(s).
Tree Permit Conditions
7.6
The Manager may impose conditions as a requirement of obtaining or continuing to
hold a tree permit under this By-law, which may include, but are not limited to, one
or more of the following:
(a)
to plant replacement tree(s) in accordance with the tree replacement plan
and the tree replacement guidelines as identified on the tree permit and
within the time specified on the tree permit;
(b)
that any replacement tree(s) shall be planted and maintained in good
condition for a minimum of two years from the date of planting;
(c)
in the event any replacement tree(s) required under s. 7.6(a) of this By-law
should die within two years of planting, to plant new replacement tree(s) and
maintain such replacement tree(s) in good condition for a minimum of two
years from the date of planting;
(d)
to deliver replacement tree security in a form satisfactory to the Manager, to
cover the cost of the replacement tree(s). The replacement tree security
shall be released without any interest thereon upon confirmation by the
Manager that any replacement tree(s) have been planted as required. In the
event the permit holder fails to plant replacement tree(s), as required, the
replacement tree security shall be permanently forfeited by the permit holder
and shall be deposited by the Manager into the reserve fund;
(e)
where a replacement tree(s) cannot physically be located on the lot on which
the tree(s) will be injured or destroyed:
a.
to pay replacement tree fees, which shall be deposited by the
Manager into the reserve fund; or
b.
that a replacement tree(s) be located at another suitable location to
the satisfaction of the Manager in accordance with a tree replacement
plan approved by the Manager and that the person pay replacement
tree security, as required by the tree permit;
(f)
to perform any work authorized by a tree permit under the supervision of a
qualified tree professional;
(g)
to provide a report completed by a qualified tree professional following the
completion of the work authorized or required by the tree permit;
Page 16 of 25
(h)
to contact the City's Forestry Department for inspection as required by the
tree permit;
(i)
to restore the subject site to its original condition;
(j)
to establish a tree protection zone and install and maintain tree protection
fencing around any tree(s) including horizontal (on grade) root protection in
accordance with the City's Tree Protection and Preservation Specification,
and in accordance with the approved tree protection plan and arborist report,
to the satisfaction of the Manager;
(k)
to conduct work authorized by the tree permit in accordance with the City's
relevant policies, procedures, By-laws as well as the City's Tree Protection
and Preservation Specification; and,
(l)
to comply with such other reasonable conditions that the Manager deems
necessary for the purposes of regulating the injury or destruction of tree(s).
Refusing a Tree permit
7.7
The Manager may refuse to issue a tree permit on any of the following grounds:
(a)
the application for a tree permit is incomplete;
(b)
the application is for the destruction or injury of a healthy tree and
there are reasonable alternatives to the injury or destruction of the
tree;
(c)
the application is for the destruction of a significant tree and there
are reasonable alternatives to the injury or destruction of the tree;
(d)
the methods proposed in the application or the results to be
achieved are, in the opinion of the Manager, not in accordance with
good arboricultural practice;
(e)
a person or property will be adversely affected;
(f)
a nuisance may occur;
(g)
as a result of the removal of a tree, flood or erosion control, slope
stability or the ecological integrity of a natural area may be negatively
affected; or
(h)
the permissions required by section 5.1(b) and (c) of this By-law
have not been obtained.
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Suspension, Alteration, and Revocation of Tree permits
7.8
The Manager may immediately suspend, alter, or revoke a tree permit where:
(a)
any term or condition of a tree permit, or applicable policy or guideline, is not
complied with;
(b)
the specifications and recommendations in the arborist report, tree
protection plan, or associated plans are not followed;
(c)
any order(s) or notices of the Manager under this By-law have not been
complied with;
(d)
a situation of immediate threat or danger to any person or property exists;
(e)
any of the reasons for which the Manager could have refused to issue a tree
permit under this By-law arise; or
(f)
the tree permit was issued because of mistaken, false or incorrect
information received by the Manager.
7.9 If the Manager refuses to issue a tree permit, or alters, suspends or revokes a
permit, the Manager will contact the applicant or permit holder, as the case may be,
in writing by email or regular mail in accordance with the contact information
provided on the tree permit application.
7.10 Upon the revocation of a tree permit, the permit holder shall immediately cease all
activities being conducted under the tree permit or ensure the immediate
termination of all activities for which a tree permit had been issued.
Tree Permit Terms and Requirements
7.11 A tree permit is the property of the City and may not be transferred or assigned
without the written approval of the Manager and upon payment of the prescribed
permit transfer fee.
7.12 A tree permit expires on the earlier of:
(a)
the expiry date indicated on the tree permit;
(b)
one year from the date of issuance; or,
(c)
on notice of revocation by the Manager.
7.13 Notwithstanding section 7.12 of this By-law:
(a)
on request of the permit holder and payment of the prescribed permit
extension fee, the Manager may extend the expiration date of a tree permit
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for a maximum of one additional year.
(b)
in considering whether to grant a request to extend the expiration date of a
tree permit under subsection (a), the Manager shall consider:
(i)
the extent of completion of work authorized by a tree permit;
(ii)
the permit holder's compliance with this By-law; and
(iii)
any conditions of the tree permit.
(c)
a permit holder cannot apply for more than one extension and shall make a
new application under section 7.1 for any other continuation or resumption of
activities commenced under an expired tree permit.
7.14 (1) A permit holder shall immediately inform the Manager of any change to:
(a)
the information contained in an application for a tree permit;
(b)
the information contained in a tree permit that has been issued;
(c)
the characteristics of the work for which the tree permit has been
issued; or
(d)
the cancellation of the work for which the tree permit was obtained.
(2) The Manager may require any one or more of revised or additional information,
additional prescribed fees, or a new application with respect to a change under
subsection 7.14(1).
7.15 When undertaking activities under a tree permit, the permit holder shall post the
tree permit in a conspicuous place on the lot on which the work under the tree
permit is being conducted for the duration of the work.
7.16 When any tree permit relates to a significant tree(s), the permit holder shall, in
addition to the requirement set out in section 7.15 of this By-law, post the tree
permit in a conspicuous place on the lot on which the work under the tree permit
will take place, at least 7 days before any work commences under the tree permit.
Tree Protection
7.17 Where the Manager, under this By-law or any other City By-law or applicable
process, reviews any applications, excluding matters addressed through the
provisions of the Planning Act, to determine whether the proposed work may
impact any tree(s) to which this By-law applies, the Manager may, notwithstanding
that the person is not seeking to injure or destroy any tree(s), require that the
person establish a tree protection zone and install tree protection fencing around
any tree(s) located on the lot and which may, in the opinion of the Manager, be
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negatively impacted by work or activities taking place on the lot, including
horizontal (on grade) root protection in accordance with the City's Tree Protection
and Preservation Specification, and in accordance with an approved tree protection
plan and arborist report, to the satisfaction of the Manager.
PART 8: ENFORCEMENT, REMEDIAL ACTIONS AND RECOVERY OF
EXPENSES
Entry and Inspections
8.1
A person authorized to enforce this By-law may enter on any land, including private
property, at any reasonable time and in accordance with the conditions set out in
the Municipal Act, 2001 for the purpose of carrying out an inspection to determine
whether or not the following are being complied with:
(a)
an order or other requirement under this By-law, including any policy or
guideline made or issued in connection to this By-law;
(b)
the tree permit or a condition of a tree permit issued under this By-law; or
(c)
an order made under section 431 of the Municipal Act, 2001.
8.2
For the purposes of the inspection under section 8.1 and in accordance with the
conditions set out in section 436 of the Municipal Act, 2001, a person authorized to
enforce this By-law may:
(a) require the production for inspection of documents or things relevant to the
inspection;
(b) inspect and remove documents or things relevant to the inspection for the
purpose of making copies or extracts;
(c) require information in writing or otherwise as required by an Officer from any
person concerning a matter related to the inspection; and
(d)
alone or in conjunction with a person possessing special or expert
knowledge, make examinations or take tests, samples or photographs
necessary for the purposes of the inspection.
8.3
Any person authorized to enforce this By-law may undertake an inspection
pursuant to an order issued by a provincial judge or justice of the peace under
section 438 of the Municipal Act, 2001, in accordance with the conditions set out in
that section, where they have been prevented or is likely to be prevented from
carrying out an inspection under this By-law.
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Orders
8.4
If an Officer is satisfied that a contravention of this By-law or a tree permit has
occurred, they may make an order requiring the person who contravened the By-
law or the Tree permit, or who has caused or permitted the contravention, to
discontinue the contravening activity.
8.5
An order under Section 8.3 shall set out:
(a)
reasonable particulars of the contravention adequate to identify the
contravention and the location of the lot on which the contravention
occurred; and
(b)
the date or dates by which there be compliance with the order, which may
be of immediate effect should the Officer determine that the
circumstances warrant.
8.6
If an Officer is satisfied that a contravention of this By-law or a tree permit has
occurred, they may make an order requiring the person who has contravened this
By-law or the tree permit or who caused or permitted the contravention or the
owner or occupier of a premises on which the contravention occurred, to do work to
correct or rectify the contravention.
8.6 An order under Section 8.5 shall set out:
(a)
reasonable particulars of the contravention adequate to identify the
contravention and the location of the lot on which the contravention
occurred;
(b)
the work to be completed by the owner or any other person who caused
or permitted the contravention in order to rectify the contravention, which
may include but is not limited to requiring:
(i)
that prior to performing any additional work or activities, all
necessary permits or other approvals be applied for and obtained;
(ii)
compliance with any of the conditions set out in section 7.6 of this
By-law;
(iii)
that any injured or destroyed tree be replaced on the lot with a
replacement tree(s), and further specify the species and location
of any replacement tree(s), or require payment of the prescribed
replacement tree fee in lieu of planting a replacement tree(s),
which replacement tree fee the Manager shall deposit into the
Reserve Fund;
(c)
the date or dates by which the work required by the order must be
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completed;
(d)
a notice that if the work is not completed in compliance with the Order
within a specified time period, then the work may be done at the expense
of the Person ordered to do the work; and,
(e)
contact information for the City's representative.
8.7
An order under this By-law may require the permit holder, an owner or any other
person who caused or permitted the contravention, to pay a prescribed compliance
inspection fee, or any other prescribed applicable fee(s), by a specified date and
time.
8.8
Where a time frame is set out in an order or other document for carrying out any
action, an Officer may extend the time for compliance beyond the established time
frame provided such extension is required and is acceptable to the Officer.
8.9
If an Officer is satisfied that a contravention of this By-law or a tree permit has
occurred, the owner of the lot on which the tree(s) is located shall be presumed to
have or permitted the injury or destruction of the tree or caused or permitted the
contravention of the conditions of a tree permit issued under this by-law, as the
case may be, which presumption may be rebutted by the owner by evidence to the
contrary on a balance of probabilities.
City Carrying Out the Work
8.10 Where a person does not comply with a direction or a requirement, including an
order or a condition of a tree permit under this By-law to do a matter or thing, the
Manager, with such assistance by others as may be required, may carry out such
direction, requirement or order at the person's expense.
8.11 The Manager is authorized to give immediate effect to any direction or requirement
where the costs of carrying out the direction or requirement do not exceed $10,000
and, where the costs do exceed $10,000, as the City's Council may authorize.
8.12 The City may recover the costs of doing a matter or thing under section 8.10 by
means of any one or more of:
(a)
bringing an action;
(b)
adding the costs to the tax roll and collecting them in the same manner as
property taxes and such costs shall include an annual interest rate of 15 per
cent commencing on the day the City incurs the costs and ending on the day
the costs, including the interest, are paid in full;
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(c)
realizing on security provided for this purpose; or,
(d)
charging a prescribed fee, where applicable, or as otherwise set and
approved by Council from time to time.
8.13 The amount of the City's costs, including interest to the date payment is made in
full, constitutes a lien upon the land, upon the registration of a notice of lien upon
the land.
PART 9: REVIEW
9.1
A person who has received a notice of refusal to issue a tree permit or notice that a
tree permit has been revoked from the Manager may request a review to the
Director by sending a request for review in writing, as directed by the Manager,
within 14 days of receiving the notice of refusal.
9.2
On a review of the Manager's decision to refuse or revoke a tree permit and in
exercising its authority under this Part, the Director may confirm, modify or rescind
the decision of the Manager to refuse the tree permit.
9.3
The decision of the Director under this Part is final.
PART 10: OFFENCE
10.1 Any person who contravenes any provision of this By-law or an order is guilty
of an offence and upon conviction is liable to a fine and such other penalties
as provided for by the Provincial Offences Act, R.S.O. 1990, c. P. 33, as
amended.
10.2 All contraventions of any provision of this By-law or an order are
designated as multiple offences and continuing offences pursuant to
section 429(2) and (5) of the Municipal Act, 2001.
10.3 Upon conviction of an offence under this By-law, every person is liable to a
fine as follows:
(a)
a person other than a corporation, is liable for every day or part
thereof upon which such offence occurs or continue to a fine not less
than $500 and not more than $100,000 for a first offence and not less
than $1000 and not more than $100,000 for a subsequent offence;
(b)
a person that is a corporation, is liable for every day or part thereof
upon which such offence occurs or continues to a fine of not less than
$1000 and not more than $100,000 for a first offence and not less
than $5000 and not more than $100,000 for a subsequent offence;
Page 23 of 25
(c)
in the case of multiple offences, for each offence included in the
multiple offence, a fine of not less than $1000 and no more than
$10,000 and the total of all fines for each included offence is not
limited to $100,000.
10.4 Any person who contravenes an order made under this By-law, or an officer or
director of a corporation who knowingly concurs in such a contravention by the
corporation, is guilty of a continuing offence and upon conviction is liable to a daily
fine or penalty of a maximum of $5,000 for each day or part of a day that the
offence continues, and despite section 10.3, the total of all the daily fines imposed
for an offence is not limited by the fine amounts listed in those sections.
10.5 Every person who is convicted of an offence under this By-law may be liable, in
addition to the fines established under sections 10.1-10.4, to a special fine, which
may exceed $100,000, designed to eliminate or reduce any economic advantage or
gain from contravening this By-law or failing to comply with an order made under
this By-law.
10.6 Where a person has been convicted of an offence, the court in which the conviction
has been entered and any court of competent jurisdiction thereafter may, in
addition to any other remedy and to any penalty imposed by this By-law, make an
order:
(a)
prohibiting the continuation or repetition of the offence by the person
convicted; and
(b)
requiring the person convicted to correct the contravention in the manner
and within the period that the court considers appropriate.
10.7 Any costs payable or associated with an order of the court are in addition to, and
not in substitution for, the payment of any penalty imposed by the court for the
commission of an offence under this by-law or any other applicable legislation.
PART 11: ADMINISTRATIVE PENALTIES
11.1 This By-law in its entirety is designated as a By-law to which the City's Administrative
Monetary Penalties By-law applies.
11.2 Every person who contravenes this By-law, and each owner, when given a penalty
notice, in accordance with the City's Administrative Penalties By-law, shall be liable
to pay the City an administrative penalty in the amount specified in the Administrative
Monetary Penalties By-law, and any fees related thereto.
11.3 Where an administrative penalty and administrative fee(s) respecting the
administrative penalty, as specified in the Administrative Monetary Penalties By-law,
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are not paid within sixty days after the date that they become due and payable, the
treasurer of the City may add the administrative penalty and administrative fee(s) to
the tax roll for any property for which all of the owners are responsible for paying the
administrative penalty and administrative fee(s), and collect it in the same manner
as municipal taxes.
PART 12: MISCELLANEOUS
12.1 Unless otherwise specifically stated, all fees referred to in this By-law shall be as
set out in the City's Rates and Fees By-law, or as otherwise set and approved by
Council from time to time.
12.2 Should a court of competent jurisdiction declare a part or whole of any provision of
this By-law to be invalid or of no force and effect, then the particular provision or
part thereof is deemed severable from this by-law, and it is the intention of Council
that the remainder survive, and be applied and enforced in accordance with its
remaining terms to the extent possible under law.
12.3 References in this By-law to any legislation or by-law means as may be amended
or replaced from time to time and include any regulations thereunder.
Methods of Giving Notice
12.4 Any notice given by the City pursuant to this by-law in writing, including an order,
may be given in any of the following ways:
(a)
personally;
(b)
by posting it on the recipient's property;
(c)
by fax to the recipient's last known fax number;
(d)
by e-mail to the recipient's last known e-mail address; or
(e)
by registered or regular mail or courier or hand delivery addressed to the
recipient's last known address.
Deemed Effective
12.5 Notice given in accordance with section 12.4 shall be deemed to be effective:
(a)
on the date it is personally given, posted to the recipient's property,
delivered by courier, or hand delivered;
(b)
on the date on which the fax is sent;
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(c)
on the date the e-mail is sent; or
(d)
on the fifth day after the date of mailing by registered or regular mail.
PART 13: REPEAL, EFFECTIVE DATE AND TRANSITION
13.1 By-law No. 02-2020 is hereby repealed.
13.2 This By-law comes into force on the date of its passing.
13.3 Despite the repeal of By-law No. 02-2020 under section 13.1:
(a)
the repeal shall not affect any offence committed against the provisions of
that By-law or any penalty or fee incurred in respect thereof or any
investigative proceedings thereunder;
(b)
that By-law shall continue to apply to proceedings in respect of offences that
occurred before its repeal;
(c)
any tree permit applications received by the City prior to the date of the
repeal, for which a decision has not been rendered on the date of the repeal,
will, subject to section 13.3(d) of this By-law, be processed in accordance
with By-law No. 02-2020, and the fees and charges payable for the tree
permit applications shall be those in effect at the time the application was
submitted;
(d)
any tree permit application(s) received by the City prior to the date of the
repeal shall be subject to section 7.3 of this By-law;
(e)
all of the terms and conditions of any tree permits issued under By-law 02-
2020 that are in effect at the time of the repeal or that are issued in
accordance with subsection 13.3(c) above, will continue as terms and
conditions of a tree permit issued under this By-law and be subject to this
By-law.
Enacted and passed this 19th day of April, 2022.
Mayor Marianne Meed Ward _____________________________
City Clerk Kevin Arjoon _________________________________