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BY-LAW NO. 133-2021
A BY-LAW OF THE CORPORATION OF THE TOWN OF CARLETON PLACE TO
PROHIBIT OR REGULATE THE INJURING OR DESTRUCTION OF TREES ON
PRIVATE PROPERTY
WHEREAS Section 135 of the Municipal Act, 2001, as amended, permits the enactment
of a By-Law for prohibiting or regulating the injuring or destruction of trees; and
WHEREAS Part XIV (Enforcement) of the Municipal Act provides methods for a
municipality to enforce its by-law;
WHEREAS Section 436 of the Municipal Act, 2001, S.O. 2001, c.25, as amended
provides that Council may, by by-law, provide that the municipality may enter on land at
any reasonable time for the purpose of carrying out inspections to determine
compliance with certain specified matters, including by-laws passed under the Municipal
Act, 2001, directions or orders made under the Municipal Act, 2001 or under a by-law
passed under its authority, conditions of a licence issued under the Municipal Act, 2001
or orders made under Section 431 of the Municipal Act, 2001; and
WHEREAS Sections 446 (1), 446 (3) and 446 (4) of the Municipal Act, 2001, S.O. 2001,
c.25, authorize the Town of Carleton Place, if it has authority by by-law or otherwise, to
direct or require that a matter or thing be done, to direct in the same by-law that, in
default of it being done by the person directed or required to do it, such matter or thing
be done at the person's expense and to recover that expense by action or by adding it
to the tax roll and collecting it in the same manner as taxes; and
WHEREAS Section 446 (2) of the Municipal Act, 2001, S.O. 2001, c.25, establishes that
following failure to comply with an order directing or requiring the person that a matter or
thing be done, the municipality may enter upon the land at any reasonable time to
perform the directed or required matter or thing be done at the person's expense; and
WHEREAS Section 425 of the Municipal Act, 2001, S.O. 2001, c.25, establishes that
any person who contravenes any by-law of the Town of Carleton Place is guilty of an
offence; and
WHEREAS Section 429 of the Municipal Act, 2001, S.O. 2001, c.25, establishes that a
municipality may establish a system of fines for offences under a by-law of the
municipality; and
WHEREAS the Municipal Act, 2001, S.O. 2001 further authorizes the municipality,
amongst other things, to delegate its authority, to impose fees or charges, to provide for
inspections, and to make orders to discontinue activity or to do work; and
WHEREAS trees within the Municipality are valued for the economic, social and
environmental benefits they provide such as increased aesthetic and property values,
shade, contributions to physical and psychological well-being, maintenance and
enhancement of water quality, prevention of soil erosion and water run-off, wildlife
habitat, local climate moderation and improved air quality; and
WHEREAS Council may require that a permit be obtained for the injuring or destruction
of trees or any class of tree or any woodlot specified in the By-Law and prescribe fees
for the permit and the conditions under which a permit may be issued;
NOW THEREFORE the Council of the Corporation for the Town of Carleton Place
hereby enacts as follows:
1. INTERPRETATION
1.1
Unless specified otherwise below, this by-law applies to all lands within the Town
of Carleton Place where the parcel measures 0.405 hectare (1 acre) in area or
greater.
1.2
Unless otherwise described in Section 3, no person shall remove a tree without
first obtaining a permit.
2. DEFINITIONS
2.1
Applicant means the owner of the property, where such an owner is an
individual, or means any person, authorized in writing by the owner, to apply for a
permit on the owner's behalf;
2.2
Arborist means an expert in the care and maintenance of trees and includes an
arborist certified by the Ontario Ministry of Training, Colleges and Universities or
the International Society of Arboriculture, or a consulting arborist registered with
the American Society of Consulting Arborists;
2.3
Council means the Council of The Corporation of the Town of Carleton Place;
2.4
Destroy means the removal of trees or harm resulting in the irreversible injury or
death or ruin of trees by cutting, burning, uprooting, chemical application or other
means that may result from neglect, accident or design and the term
"destruction" shall have a corresponding meaning;
2.5
Director means the Director of Development Services or his/her designate;
2.6
Ecological Integrity means the condition of an ecosystem in which
a. the structure, composition and function are unimpaired by stresses from
human activity;
b. natural ecological processes are intact and self-sustaining; and
c. ecosystem evolution is occurring naturally.
2.7
Endangered Species means any native species, as listed in the regulations
under the Endangered Species Act, that is at risk of extinction throughout all or
part of its Ontario range if the limiting factors are not reversed;
2.8
Forester means a Registered Professional Forester recognized by the
Professional Foresters Act, 2000 and member of the Ontario Professional
Forestry Association or Associate.
2.9
Good Forestry Practice 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;
2.10 Injure means to harm, damage or impair trees and includes harm, damage or
impairment caused by changing grades around trees, compacting soil over root
areas, severing roots, improper application of chemicals, improper pruning or the
removal of branches and bark and the term "injury" shall have a corresponding
meaning.
2.11 Lot means a parcel of land, described in a deed or other document legally
capable of conveying land, or shown as a block on a registered plan of
subdivision;
2.12 Municipal Law Enforcement Officer means a Municipal Law Enforcement
Officer appointed by the Town and assigned the responsibility of administering
and enforcing this by-law;
2.13 Owner means the legal registered owner of the Lot as shown by the records of
the Land Registry Office where the property register for the Lot is situated and for
which a permit is sought or obtained;
2.14 Permit means permission or authorization given in writing by the Director to
perform work regulated by this By-law or part thereof;
2.15 Person means an individual, association or corporation and their successors and
assigns;
2.16 Planning Act means the Planning Act, R.S.O. 1990, c.13, as amended;
2.17 Qualified Professional shall mean one of the following: in the case of
woodlands, the professional shall be a "Forester"; in the case of individual trees,
the professional shall be an "Arborist"
2.18 Significant means identified as significant by the Ministry of Natural Resources
and Forestry, using evaluation procedures established by that Ministry, as
amended from time to time;
2.19 Threatened Species means any native species that is at risk of becoming
endangered throughout all or part of its Ontario range if the limiting factors are
not reversed;
2.20 Town means The Corporation of the Town of Carleton Place;
2.21 Tree Information Report means a technical report prepared by an Arborist or
Qualified OPFA Member which identifies the surveyed location, species, size and
condition of a tree, provides the reasons for any proposed destruction or injuring
of a tree, and describes tree protection measures or other mitigating activities to
be implemented;
2.22 Woodland(s) means land, on one or more properties with at least:
a. 1000 trees of any size, per hectare; or
b. 750 trees, measuring over five (5) centimetres in diameter, per hectare; or
c. 500 trees, measuring over twelve (12) centimeters in diameter, per hectare;
or
d. 250 trees, measuring over twenty (20) centimeters in diameter, per hectare,
but does not include a cultivated fruit or nut orchard or a plantation
established for the purpose of producing Christmas trees.
3. EXEMPTIONS AND EXCEPTIONS
3.1
This By-Law does not apply to:
1. The removal of damaged or destroyed trees as approved by the Director,
where the removal is in the interests of public safety, health and general
welfare following any man-made or natural disasters, storms, high winds,
floods, fires, snowfall, freezes or as a result of disease;
2. Activities or matters undertaken by the provincial government or federal
government or their agents;
3. Activities or matters undertaken by the Town or a local board acting on behalf
of the Town;
4. Trees located within waste disposal sites as defined In Part V of the
Environmental Protection Act. R.S.O. 1990, c.E.19, as amended;
5. 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;
6. Activities or matters authorized under the Crown Forest Sustainability Act.
R.S.0. 1994;
7. The injuring or destruction of trees by a person licensed under the Surveyors
Act, R.S.O. 1990, c.S.29 to engage in the practice of cadastral surveying or
his or her agent, while making a survey;
8. 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, R.S.O. 1990, c.A.8;
9. The injuring or destruction of trees undertaken on land in order to lawfully
establish and operate or enlarge any pit or quarry on land that has not been
designated under the Aggregate Resources Act or a predecessor of the Act,
and, on which a pit or quarry is a permitted land use under a by- law passed
under Section 34 of the Planning Act, R.S.O.;
10. Trees that are part of plantations for the purposes of an active Orchard,
Nursery, or Christmas tree farm;
11. Trees which have become infected with a known disease or destroyed by a
pest.
4. APPLICATION FOR PERMIT TO INJURE OR DESTROY TREES
4.1
Where a permit is required under this By-Law;
1. The owner shall submit an application to the Director in such form as may be
approved by the Town from time to time;
2. Each application shall be accompanied by the prescribed fee as set out in the
Town's Fees and Charges By-law;
3. Where in the opinion of the Director, additional information is necessary, the
Director may require the applicant to submit a Tree Information Report,
prepared by a Qualified Professional, providing such information as may be
specified and certifying that the proposed injury to or destruction of the tree(s)
is in accordance with good forestry practices; and, no application shall be
considered complete unless accompanied by the information and fee required
in accordance with this By-Law.
5. PERMITS
5.1
The Director may issue a permit to injure or destroy tree(s) where the Director is
satisfied that:
1. The injury or destruction of the tree(s) is in accordance with good forestry
practice; or
2. The injury or destruction of tree(s) is required to permit the establishment or
extension of a use permitted by the Development Permit By-law or a Building
Permit and there is no reasonable alternative to the injury or the destruction
of the tree(s).
5.2 A Permit shall not be issued where:
1. An application required under this By-law has not been submitted in full or
the required fee has not been paid.
2. A Tree Information Report, as required by the Director, has not been
submitted or, in the opinion of the Director is not satisfactory;
3. 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;
4. The permit would result in the destruction of a tree that is designated as a
heritage tree by Town Council;
5. Flood or erosion control, or the ecological integrity of a natural area, will be
negatively affected;
6. The permit is not in keeping with the general purpose and intent of this By
law;
7. The destruction or injuring of trees will reduce the number of trees per
hectare below the minimum number of trees per hectare required to be
considered woodland as defined by this By-law.
5.3
The following shall be deemed to be conditions to the issuance of every permit
under this By-law:
1. Marking of Trees - unless otherwise exempted by permit, seven (7) days
prior to injuring or destroying any tree, the owner shall cause all trees which
are to be removed or destroyed to be marked by a Registered Professional
Forester with clearly visible marks of yellow paint at breast height and upon
the stump to remain after cutting.
2. Notice of Intent For - at least 7 days prior to injuring or destroying any trees,
the owner shall post a sign, having dimensions of not less than 28 cm. (11in)
x 43 cm (17 in) in a conspicuous place on the private land that is adjacent to
a public road or at such other location designated by the Town and providing
the following information:
a. Notice that the work will occur in accordance with this By-law;
b. The name of the land owner and authorized agent;
c. The name of the person or company retained to work on the trees on the
land; and
d. Name of the Town Department or Contact from whom further information
can be obtained.
6. CONDITIONS
6.1
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;
6.2
The Director may specify tree relocation or compensation costs for replacement
to be applied to the reforestation on the property or for reforestation elsewhere in
the Municipality.
6.3
Every permit shall be issued to the owner and shall expire twelve (12) months
after issuance.
6.4
All permits for the injury or destruction of trees within woodlands shall be deemed
not to be in effect during the period April 1 through to August 15, due to bird
nesting. This period may be extended to August 31 on a case by case basis
subject to the nesting period being confirmed by a qualified environmental
consultant at the time of application. The Town 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 woodlands or designated area during
the spring break up period.
6.5
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 shall
require the submission of a new application.
6.6
An extension to the expiration date of the Permit may be granted for a maximum
period of one year.
7. DESIGNATION OF OFFICERS
7.1
In addition to the Director and the Town's Municipal By-Law Enforcement
Officers who are hereby designated as Officers for the purposes of administering
and enforcing this By-Law, the Town may from time to time, designate other
individuals or persons as Officers pursuant to the provisions of this by-law and
the Director is authorized to issue Certificates of Designation to these individuals,
upon such designation by resolution of Council.
8. INSPECTIONS BY AN OFFICER OTHER THAN MUNICIPAL BY-LAW
ENFORCEMENT OFFICERS
8.1
During daylight hours and upon producing a Certificate of Designation, an officer,
other than a Municipal By-Law Enforcement Officer, may enter and inspect any
land to which this By-Law applies. A Municipal By-Law Enforcement Officer may
at any reasonable time, enter and inspect any land affected by this By-Law to
determine whether the By- Law, an order or, a condition of issuance of a permit
is, or are, being complied with.
8.2
Any person who hinders or obstructs, or attempts to hinder or obstruct, an Officer
in carrying out an inspection under this By-Law is guilty of an offence.
8.3
Every person who is alleged to have contravened any of the provisions of this By
law shall identify themselves to an Officer upon request, failure to do so shall be
deemed to have hindered or obstructed an Officer in the execution of his or her
duties.
9. ENFORCEMENT
9.1
The municipality may appoint officers and other staff to carry out the
administration and enforcement of this by-law.
9.2
Every person enforcing this by-law shall have the right of entry on any property
for the purpose of carrying out an inspection to determine whether this by-law is
being complied with and for the enforcement of this by-law pursuant to Section
436 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended from time to time.
9.3
Interpretation and application of the terms and definitions of this by-law shall be
determined at the discretion of the enforcing officer
9.4
An Officer, in carrying out an inspection, may be accompanied by an assisting
person or persons.
10. ORDERS
10.1 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 municipal address or the legal
description of the land, the particulars of the contravention and, the period within
which there must be compliance with the Order.
10.2 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 Director within 30
days after the date of the order. Council may confirm, alter or revoke the order.
10.3 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.
11. PENALTY
11.1 Any person who contravenes or causes or permits any contraventions of any of
the provisions of this by-law is guilty of an offence and upon conviction, is liable
to a fine as provided for in the Provincial Offences Act or any successor
legislation. Every person who is issued a Part 1 offence notice or summons and
is convicted of an offence under this By-law shall be subject to a fine, to a
maximum as provided for in the Provincial Offences Act, R.S.O. 1990, C.P.33, as
amended.
11.2 Upon conviction, any penalty imposed under this By-law may be collected under
the authority of the Provincial Offences Act, R.S.O. 1990, c.P.33, as amended.
11.3 If a person or corporation is convicted of an offence under this By-law, the court
in which the conviction has been entered, and any court of competent jurisdiction
may, order the person or corporation 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.
12. MUNICIPALITY POWER TO REMEDY
12.1 Where a person or corporation fails to do a matter or thing as directed or required
by an Officer or a court of competent jurisdiction pursuant to this By-law or the
Municipal Act, 2001 S.O. 2001, c. 25, as amended, the matter or thing may be
done by the municipality at that person's expense which associated costs may be
added to the tax roll or the person to be collected in the same manner as
property taxes.
12.2 Where an officer is satisfied that a person or corporation has failed to comply with
an Order issued pursuant to the by-Law, a Municipal Law Enforcement Officer(s)
may enter the property at any reasonable time without a warrant in order to
conduct the work as set out in the order.
13. CONFLICT WITH OTHER BY-LAWS
13.1 Where a provision of this by-law conflicts with the provisions of another by-law in
force in the municipality, the provisions that establish the higher standards to
protect the health, safety and welfare of the general public prevails.
13.2 Should any section, subsection, clause or provision of this by-law be declared by
a court of competent jurisdiction to be invalid, the same shall not affect the
validity of this by-law as a whole or any part thereof, other than the part so
declared to be invalid.
14. EFFECT
14.1 That this By-law shall come into force and effect upon passage thereof.
15. SHORT TITLE
15.1 This By-law is short titled the "Tree Clearing By-law".
READ A FIRST TIME, SECOND TIME, THIRD TIME AND FINALLY PASSED THIS 23RD
DAY OF NOVEMBER, 2021.
_______________________ _________________________
Doug Black, Mayor
Stacey Blair, Clerk