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The Corporation of the Township of Centre Wellington
By-law 2022-57
A By-law to authorize and regulate the planting,
care, maintenance and removal of trees on Township property
Whereas section 11 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, hereinafter referred
to as the Municipal Act, permits a municipality to pass by-laws respecting the environmental well-
being of the municipality; and
Whereas the Township of Centre Wellington deems it appropriate to pass a by-law to sustain and
promote environmental and social benefits to the community through the preservation and
planting of trees, regulating and prohibiting the injury or destruction of trees, and establishing a
permit process for the removal and replacement of trees; and
Whereas section 135 of the Municipal Act, authorizes a municipality to prohibit or regulate the
destruction or injuring of trees; and
Whereas section 62 of the Municipal Act, authorizes a municipality, at reasonable times, to enter
upon land lying along any of its highways to inspect trees, and conduct tests on trees, and to
remove decayed, damaged or dangerous trees or branches of trees if, in the opinion of the
municipality, the trees or branches pose a danger to the health or safety of any person using the
highway; and
Whereas Section 8(3) of the Municipal Act authorizes a municipality to provide for a system of
licences and a licence includes a permit; and
Whereas section 431 of the Municipal Act, authorizes, in addition to any other remedy and to
any penalty imposed by a by-law passed under section 135, the court in which a conviction has
been entered to make an order requiring the person convicted to correct the contravention in the
manner and within the period that the court considers appropriate; and
Whereas the Council for the Corporation of the Township of Centre Wellington recognizes the
importance of trees to the environment within the Township for the purposes of health and
welfare, beauty, safety, history, and general well-being; and
Whereas the Council for the Corporation of the Township of Centre Wellington wishes to
promote tree conservation, the increase, renewal and proliferation of trees and the tree canopy,
and the protection of existing trees by providing reasonable minimum standards regarding the
preservation, planting, protection and maintenance of Township trees;
Now Therefore the Council of the Corporation of the Township of Centre Wellington hereby
enacts as follows:
1.
Definitions
1.1 In this By-law:
(a)
"Arborist" means 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
expertise in the care and maintenance of trees with similar qualifications and
approved by the Director;
(b)
"Arborist Report" means a technical report or letter prepared by an Arborist that
identifies the location, species, size and condition of trees and describes
maintenance strategies and protection measures to be implemented;
(c)
"boundary tree" where any part of the trunk of a tree is located both on
Township property and on adjoining lands;
(d)
"care and maintenance" means care and maintenance in accordance with good
arboricultural practices including inspection, pruning, bracing, treatments for
insect and disease problems, watering and fertilization;
(e)
"compensation value" means the ratio of compensation trees identified in Public
Forest Policy multiplied by the tree compensation rate identified in the Township's
Fees and Charges By-law, or the amenity value of the tree calculated in accordance
with the Guide for Plant Appraisal, 10th Edition as published by the International
Society of Arboriculture, as amended or replaced, and as approved by the Director;
(f)
"century tree" means a tree located within the urban boundary that has a diameter at
breast height of 60cm or greater;
(g)
"Costs" means all monetary expenses including labour incurred by the Township
including interest and may include an administrative surcharge amount as
established by the Township's Fees and Charges By-law;
(h)
"dead" means a tree that has no living tissue;
(i)
"deface" includes but is not limited to tack, paste, or attach any object or item to a
tree or paint, carve words, figures, symbols or any other markings on the bark of a
tree;
(j)
"destroy", "destroying", "destruction or "destroyed" means to change the structure
or condition of a tree such that it cannot reasonably be returned to its original
structure or condition and includes topping or injury to more than one-third of the
branches, roots or trunk;
(k)
"Director" means the Managing Director of Community Services for the
Township, or his/her designate;
(l)
"good arboricultural practices" means tree planting, maintenance and removal
performed in accordance with the American National Standards, ANSI A300 and
best management practices identified by the International Society of
Arboriculture;
(m) "hazardous" means a tree that is destabilized or structurally compromised such that it
poses a potential safety concern to property or life;
(n)
"injure" or "injury" means any act that will harm a tree's health in any manner, which
includes but is not limited to the cutting of a tree, , debarking, marking, defacing,
cutting or breaking of tree roots, placing in the tree protection zone any, liquid that
may be harmful to the tree or stone, brick, sand, soil, concrete, vehicle, equipment or
other matter or material thereby impeding the free passage of water, air or nutrients
to the roots of a tree, excavating, trenching, or soil compacting within the tree
protection zone, or failure to protect a tree in accordance with the Public Forest
Policy;
(o)
"Officer" means a Police Officer, a municipal law enforcement officer or any other
person appointed by by-law to enforce the provisions of this By-law;
(p)
"permit" means a current valid permit issued pursuant to this By-law;
(q)
"permit holder" means a person issued a permit;
(r)
"person" includes an individual, sole proprietorship, partnership, limited partnership,
trust, corporation, and an individual in his or her capacity as a trustee, executor,
administrator, or other legal representative;
(s)
"Public Forest Policy" means the Township's Public Forest Policy, as amended or
replaced;
(t)
"topping" means the inter-nodal cutting of tree branches to stubs or laterals that are
not large enough to assume the terminal role of the trunk or branch and also includes
such terms as tipping, heading back, hat racking and rounding over;
(u)
"Township" means the Corporation of the Township of Centre Wellington or the land
within the geographic limits of the Corporation of the Township of Centre Wellington
as the context requires;
(v)
"Township property" includes but is not limited to a Township park, trail,
campground and Township street;
(w)
"Township street" includes a common public highway, street, avenue, parkway,
lane, alley, roadway, square, place, bridge, viaduct or trestle, designed and intended
for and used by the general public for the passage of vehicles and includes the
lateral property lines thereof under the jurisdiction of the Township;
(x)
"tree" means any species of woody perennial plant including its root system reaching
a minimum height of three (3) metres;
(y)
"Tree Preservation and Enhancement Plan" means a plan prepared in conjunction
with an Arborist Report that identifies the location, species and size of trees,
identifies the extent of injury, where applicable, and illustrates details of
protection measures including the location of protective barriers;
(z)
"tree protection zone" means the minimum required setback distance and tree
protection barrier needed to protect a tree during any activity in the construction
process that may injure or destroy a tree, and is based on generally accepted good
arboriculture principles;
(aa) "trunk" means the stem of a tree from its point of growth from the roots to where it
first branches out to limbs and foliage.
2.
Authority for Planting, Care and Maintenance and Removal of Trees
2.1 The Director is hereby authorized to plan, regulate, supervise and carry out the
planting, care and maintenance, protection, preservation, and removal of all trees
and may delegate such action or work to Township staff or a contractor.
2.2 Without limiting the generality of 2.1, the Director is hereby authorized to take or
cause the following action:
(a)
plant trees on Township property;
(b)
care and maintenance of trees located on Township property including
transplanting and removal;
(c)
care and maintenance of boundary trees that are determined to be 50
percent or more on Township property;
(d)
identify the species of trees which are prohibited on Township property;
(e)
remove a tree located on Township property which is dead or hazardous;
(f)
remove without notice or compensation to any person, any object or thing that
adversely affects a tree on Township property;
(g)
implement all necessary treatments for insect and disease problems associated
with trees located on Township property;
(h)
stop any work causing injury or destroying a tree located on Township
property without a permit;
(i)
remove a decayed, damaged or dangerous tree or branch of a tree
immediately and without notice to the owner of the land upon which the tree is
located if, in the opinion of the employee or agent, the tree or branch is
hazardous or poses an immediate danger to the health or safety of any
person using Township property.
3.
General Provisions
3.1 No person shall,
(a)
injure or destroy, or cause to be injured or destroyed, a tree on Township
property without a permit;
(b)
remove or cause to be removed a tree on Township property without a
permit;
(c)
deface, a tree on Township property, or a stake, post, guard or other object
supporting such tree;
(d)
undertake, cause or permit any work or activity in a tree protection zone
without a permit;
(e)
plant or cause to be planted a tree on Township property without permission
in writing from the Director;
(f)
undertake, cause or permit the applying, discharging or disposing of any substance
or chemical including concrete sluice, gas, oil, paint, pool water or backwash
water from a pool that may adversely impact the tree;
(g)
undertake, cause or permit any work or activity other than in accordance with
the provisions of this By-law, the terms and conditions of a permit, a permit,
the Arborist Report, Tree Preservation and Enhancement Plan and good
arboricultural practices and the approved plans.
4.
Application for a Permit
4.1 A Person making an application for a Permit shall submit:
(a)
a complete application in the form provided by the Township;
(b)
when applicable, the Business Name Registration and/or Articles of
Incorporation obtained from the applicable provincial or federal Ministry;
(c)
a landscape plan;
(d)
when applicable, an Arborist Report and Tree Preservation and
Enhancement Plan that identifies the tree protection zone;
(e)
a certificate of insurance in a form satisfactory to the Township naming the
Township as an additional insured with a coverage limit not less than two (2)
million dollars in Commercial General Liability;
(f)
payment of compensation value for each tree to be removed in the form of a
money order, certified cheque or any other method of payment approved by
the Township, or submission of compensation planting plan to the satisfaction
of the Township;
(g)
securities in the form of a Letter of Credit or in any alternate form of financial
security as approved by the Township in the amount of the compensation
value of the tree(s), removal and replacement costs;
(h)
any other documents as may be required by the Township to the satisfaction of
the Township;
(i)
the required application fee, administrative, approval and inspection fees as
provided for in the Township's Fees and Charges By-law.
5.
Permit
5.1 The Director is hereby delegated authority to issue a Permit in accordance with the
provisions of this By-law, to refuse to issue a Permit, and impose additional terms
and conditions on a Permit that in the opinion of the Director are reasonable and
taking into consideration:
(a)
the completeness and accuracy of the permit application;
(b)
whether the tree is an endangered species as defined in the Endangered
Species Act, R.S.O 1990, c.E.15, as amended, or the tree is a nationally rare
species as defined in the Species at Risk Act, 2002, S.O. 2002, c. 24, as
amended;
(c)
whether an Arborist Report and Tree Preservation and Enhancement Plan
in support of the application is required and has been provided;
(d)
the condition and viability of a tree;
(e)
the location of the tree;
(f)
impacts on the tree protection zone;
(g)
the protection of environmentally sensitive areas and significant vistas;
(h)
the protection of natural landforms or contours, and ecological systems;
(i)
erosion and flood control;
(j)
if the tree is a century tree or should be protected as a century tree;
(k)
in the case of a boundary tree, whether consent of all owner(s) of the
boundary tree have been given;
(l)
good arboricultural practices;
(m) good forestry practices as defined in the Forestry Act, R.S.O. 1990, c. F. 26, as
amended;
(n)
comments from the Township's Arborist or Consulting Arborist, if applicable;
(o)
whether the injury or destruction of the tree or the approval of the Tree
Preservation and Enhancement Plan contravenes the general intent and
purpose of this By-law.
5.2 The Director shall provide notice of an application for a permit for the removal of a
boundary tree to all boundary tree owner(s), where the boundary tree owner(s)
are not the applicant, requesting their consent to the removal of the boundary tree.
5.3 Notwithstanding, Section 5.2 the consent of the owner(s) of a boundary tree is not
required where the Director is of the opinion the boundary tree or branches pose a
danger to the health or safety of any person using the Township property;
5.4 A Permit issued by the Township is non-refundable and is not transferable.
5.5 A Permit issued pursuant to this By-law is valid for the period of ninety (90) calendar
days after the date of issuance, unless a written request for extension has been
received and approved by the Director prior to the permit expiration date. The
Director, upon granting an extension may impose a fee as provided for in the
Township's Fees and Charges By- law.
5.6 The Township shall one (1) year after the activity or works being completed and
upon the Director being satisfied that the activity or works were completed in
accordance with this By-law, the permit, approved plans, Public Forest Policy, the
Arborist Report, Tree Preservation and Enhancement Plan and good
arboricultural practices return or release the securities.
6.
Terms and Conditions of a Permit
6.1 Every Person who has been issued a Permit shall:
(a)
post the permit on site in a location visible to the public;
(b)
maintain the tree protection zone in a neat and tidy order;
(c)
not park or move vehicles or equipment which may negatively impact a tree;
(d)
not remediate soil or remove contaminated fill which may negatively impact a
tree;
(e)
not conduct any activity or work other than in accordance with this By-law,
landscape plans, Public Forest Policy, the Arborist Report, Tree
Preservation and Enhancement Plans and good arboricultural practices;
(f)
when required by the Township, carry out the activity or work by or under the
supervision of an Arborist;
(g)
place any replacement trees in the location specified by the Director;
(h)
on itself, its heirs, executors, administrators and assigns to defend, indemnify
and save harmless the Township, and their elected officials, officers,
employees and agents from and against any and all claims of any nature,
actions, causes of action, losses, expenses, fines, costs (including legal costs),
interest or damages of every nature and kind whatsoever, including but not
limited to bodily injury, sickness, disease or death or to damage to or
destruction of tangible property including loss of revenue or incurred expense
resulting from disruption of service, arising out of or allegedly attributable to the
negligence, acts, errors, omissions, misfeasance, nonfeasance, fraud or willful
misconduct of the Permit Holder, its directors, officers, employees, agents,
contractors and subcontractors, or any of them, in connection with or in any
way related to the issued Permit. This indemnity shall be in addition to and not
in lieu of any insurance provided by the Permit Holder.
7.
Orders and Remedial Action
7.1 Where an Officer has reasonable grounds to believe that a contravention of this By-
law has occurred, the Officer may make an Order requiring the person who
contravened this By-law, or who has caused or permitted the contravention, or the
permit holder, to discontinue the contravening activity, and repair, as necessary, at
their expense the tree and Township property so that it is brought back to its former
condition.
7.2 An Order under section 7.1 shall set out:
(a)
reasonable particulars of the contravention adequate to identify the
contravention;
(b)
the location of the Township property on which the contravention occurred;
and
(c)
the date by which there must be compliance with the Order.
7.3 An Order to discontinue a contravening activity made under this section may be
served personally, registered mail to the last known address or by email transmission
to:
(a)
the person the Officer believes contravened this By-law; and
(b)
such other persons affected by the Order as the Officer making the Order
determines.
7.4 The Order shall be deemed to have been served on the seventh (7th) day after the
date of mailing or on the date of personal delivery or email transmission.
7.5 A person who has been served with an Order and who is not satisfied with the terms
and conditions of the Order may appeal to Property Standards Committee by
sending a notice of appeal by registered mail, personal delivery or email to the Clerk
of the Township within fourteen (14) days after being served with the Order.
7.6 The prescribed fee set out in the Township's Fees and Charges By-law shall be
payable by the person upon filing a notice of appeal.
7.7 An appeal under section 7.5 shall be conducted pursuant to the Statutory Powers and
Procedures Act.
7.8 An Order under this By-law that is not appealed within the time referred to in section
7.5 shall be deemed to be final.
7.9 Where the Order is not complied with in the time period stipulated, the Township
may complete the work, as necessary, and all the costs incurred by the Township in
undertaking this work shall be costs owed to the Township by the person who the
Order was issued to.
7.10 The Township may recover the costs of doing anything or matter pursuant to this
By- law by drawing on the securities posted, by action or by adding the costs to the
tax roll and collecting them in the same manner as property taxes.
8.
Enforcement and Penalty Provisions
8.1 The enforcement of this By-law shall be conducted by an Officer.
8.2 An Officer may enter on land at any reasonable time for the purpose of carrying out
an inspection to determine whether or not the By-law or an Order issued pursuant to
this By-law is complied with.
8.3 Every person who contravenes any provision of this By-law, including failing to
comply with an order made under this By-law, is guilty of an offence and is liable to a
fine, and such other penalties, as provided for in the Provincial Offences Act, R.S.O.
1990, c. P.33, as amended, and the Municipal Act, 2001, as amended.
8.4 Any person who is charged with an offence under this By-law or an Order issued
pursuant to this By-law or every director or officer of a corporation, who knowingly
concurs in the contravention by the laying of information under Part III of the
Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended and is found guilty of the
offence is liable pursuant to the Municipal Act, 2001, as amended to the following:
(a)
on a first offence, to a fine not more than $50,000.00; and
(b)
on a second offence and each subsequent offence, to a fine of not more than
$100,000.00.
8.5 Injury or destruction of each tree for which a permit is required is a separate
offence under this By-law.
8.6 Every person who is issued a Part 1 offence notice or summons upon conviction is
guilty 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.
8.7 No person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer
exercising a power or performing a duty under this By-law.
8.8 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.
8.9 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.
8.10 If a person 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, in addition
to any other remedy and to any penalty imposed, make an order prohibiting the
continuation or repetition of the offence by the person convicted.
8.11 If a person 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, in addition
to any other remedy and to any penalty imposed, make an order requiring the
person to correct the contravention, which may include but is not limited to: planting
or replanting such trees in such a manner and within such time period as the Court
considers appropriate.
9.
Severability
9.1 If a court of competent jurisdiction declares any section or part of this By-law invalid,
it is the intention of Council of the Township that the remainder of this By-law shall
continue in force unless the court makes an order to the contrary.
10. Singular and Plural Use
10.1 In this By-law, unless the context otherwise requires words importing the singular
shall include the plural and use of the masculine shall include the feminine, where
applicable.
11. Short Title
11.1 This by-law may be cited as the "Trees on Public Property By-law."
12. This By-law shall come into force on and take effect upon its final passing.
Read a first, second and third time and finally passed this 18th day of July, 2022.
_____________________
________________________
Mayor - Kelly Linton
Clerk - Kerri O'Kane