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THE CORPORATION OF
THE TOWNSHIP OF GEORGIAN BAY
BY-LAW NO. 2014-73
A
By--law to
regulate
the
protection,
preservation
and
removal
of Trees
on
private
property
within
the
Township
of
Georgian
Bay
This
By--law applies
only
to
shoreline
areas
and
to
lands
zoned
Environmental
Protection
(EP) and Open Space
(05).
The primary
intent
of this
By-law
is to protect
and preserve
water
quality
and the visual environment
by prohibiting
the clear cutting
of
Trees
in shoreline
areas
and
lands
zoned
Environmental
Protection
(EP)
and
Open
Space
(OS).
Trees
control
sediment
and
absorb
nutrients
such
as phosphorous
and
nitrogen
which otherwise
could
have entered
and possibly
harmed
the water
system.
This
By-/aw
recognizes
that
property
owners
have
the
right
to
reasonable
access to the waterbody
that abuts
their property
and have
the right to be afforded
a reasonable
water
view. Accordingly,
this By-
law permits
the following:
o
In
accordance
with
good
forestry
practice,
Trees
may
be
trimmed
and pruned
to provide
"Viewing Windows";
-
Dead, diseased
or hazardous
trees
may be removed
at any time.
There
are
no licenses,
permits
or fees
required
with this
By-/aw.
Council may grant
exceptions
from this By--law.
WHEREAS Section
135 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended,
authorizes
a local municipality
to prohibit
or regulate
the
destruction
or injuring of Trees;
AND WHEREAS an Order
to discontinue
activity
and work orders
are
authorized
under
Section
444 and 445 of the Municipal Act S.O. 2001,
c.25 where a contravention
of this bylaw has occurred;
AND WHEREAS the
Council
of the
Corporation
of the
Township
of
Georgian
Bay deems
it appropriate
and desirable
in the public interest
to enact
a By-law to regulate
the protection,
preservation
and removal
of Trees within the Township
for the purpose
of:
o
Protecting
vegetation
in the Shoreline
Vegetative
Buffer for the
purposes
of habitat
protection,
water
quality
protection,
aesthetics
and implementing
the District Municipality
of Muskoka
Lake System
Health Program;
a
Protecting
and conserving
vegetation
in Open Space
and
Environmental
Protection
Zones;
o
Sustaining
a healthy
natural
environment;
and
o
Protecting
significant
and sensitive
natural
areas to ensure
maximum
environmental
benefits of Trees.
NOW THEREFORE BE IT ENACTED by the Council of the Corporation
of the Township
of Georgian
Bay as follows:
1. DEFINITIONS
In this By-law:
(a)
(D)
(f)
(9)
(h)
(I)
"Breast
Height" refers to a point of measurement
1.37 metres
above the highest
point on the Tree where
the ground
meets
the trunk;
"Building
Permit"
means
a Building
Permit
issued
under
the
Building Code Act, 1992, S.O. 1992, c. 23, as amended;
"Clerk" means
the
Clerk or designate
for the
Corporation
of
the Township
of Georgian
Bay;
"Council"
means
the
Council
of
the
Corporation
of
the
Township
of Georgian
Bay;
"Destroy"
means
the Removal of a Tree or harm resulting
in
the
death,
ruin,
or Removal
of a tree
by cutting,
burning,
uprooting,
chemical
application
or
other
means
including
irreversible
injury
that
may
result
from
neglect,
accident
or
design
and the term "Destruction"
shall have a corresponding
meaning;
"Diameter"
means the diameter
of the stem
of a tree
measured
outside
the bark at a specified
point of
measurement.
"Diameter
at
Breast
Height"
(DBH) means
the outside
bark
Diameter
of
a
Tree
at
Breast
Height
and
refers
to
the
Diameter
of the
stem
of a tree
measured
at a point
1.37
metres
above the highest
point on the Tree where the ground
meets
the trunk;
"Director"
means
the
Director
of
Development
Services,
Manager
of
Planning
or the Senior
Planner
for the Township
or
his
or
her
designate
provided
such
designate
is
an
Inspector
appointed
under this By-law;
"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
of
forest
values
including
significant
ecosystems,
important
fish
and wildlife habitat,
soil and water
quality
and quantity,
forest
productivity
and
health
and
the
aesthetics
and
recreational
opportunities
of the landscape;
(I)
(k)
(|)
(H)
(0)
(p)
(Cl)
(F)
(S)
(t)
(U)
"Ground
Cover"
means
low herbaceous
plants
and
shrubs
including
mosses,
ferns,
grasses,
and shrubs
that
grow over
the surface
of the ground
which prevent
soil erosion.
"Hazardous
Tree" means a dead or severely
damaged
Tree
that may pose a danger
to Persons
or property;
"Injure"
means to do harm, damage,
or impair and the term
"Injury"
shall have corresponding
meaning;
"Inspector"
means the following persons
who are authorized
to carry out any of the powers or duties pursuant
to this By-
law, for the period of their employment
with the Township;
o
Municipal Law Enforcement
Officers
"Owner" means the registered
Owner(s)
of the property;
"Person"
means
any
individual,
corporation,
partnership,
association,
firm,
trust
or other
entity
and
includes
anyone
acting on behalf or under the authority
of such entity,
and the
singular
shall include the plural;
"Remove,
Removes
or Removal" means to move from a place
or position
occupied;
or
(i)
To transfer
or convey
from one place to another;
or
(ii)
To take off; or
(iii)
To take away;
withdraw;
or
(iv)
To do away with; or
(v)
To eliminate
"Shoreline
Vegetative
Buffer"
means
the
natural
area
maintained
in its predevelopment
state
within the front yard
setback
as defined
in the Township's
Zoning
By-law for lands
abutting
a waterbody
and includes the area of land extending
to the existing
level of the abutting
waterbody;
"Site"
means
the
area
of
land
containing
any
Tree(s)
proposed
to be Injured;
"Township"
and
"Township
of
Georgian
Bay"
means
the
Corporation
of the Township
of Georgian
Bay;
"Tree" means any species
of woody
perennial
plant,
including
its root system,
which has reached
or can reach
an average
height of at least 5 metres
at the physiological
maturity
and is
larger than 50mm diameter
outside the bark of the tree
at the
Diameter
at Breast
Height (DBH);
"Viewing
Window" means the provision
of sight lines from the
property
to the
abutting
waterbody
by means
of trimming
3
and/or pruning
Trees
and/or the
Removal
of dead,
diseased
or Hazardous
Trees;
(v)
"Zoning
By-law" means the By-law regulating
land use within
the Township
as required
under the Planning Act.
2. AREA OF APPLICATION OF THE BY-LAW
2.1
This By-law shall only apply to the following areas
in the
Township;
(a)
Lands within the Environmental
Protection
(EP) Zone
in the Zoning By-law;
(b)
Lands within the Open Space
(OS) Zone in Zoning
By-law 91-19 or lands within the Natural State
Island
(NSI) zone, Open Space
(OS1) zone, or Natural
State
Conservation
(NSC) zone in a subsequent
Comprehensive
Zoning Bylaw;
(c)
Lands within the Shoreline
Vegetative
Buffer.
3. PROHIBITION
3.1
No Person
shall Injure
or Destroy
or permit
or cause to be
destroyed
any Tree
on any
private
lands within
the
area
defined
in this
By-law as the
Shoreline
Vegetative
Buffer
area,
except
as
noted
in
Section
4
Exemptions
From
Application
of By-law.
3.2
No Person
shall Injure
or Destroy
or permit
or cause to be
destroyed
any
Tree
on
lands
zoned
Environmental
Protection
(EP) under
the Zoning
By-law,
except
as noted
in Section
4 Exemptions
From Application
of By-law.
3.3
No Person
shall Injure
or Destroy
or permit
or cause to be
destroyed
any
Tree
on
lands
zoned
Open
Space
(OS)
under
Zoning
By-law
91-19
or lands
within
the
Natural
State
Island
(NSI)
zone,
Open
Space
(OS1)
zone,
or
Natural
State
Conservation
(NSC)
zone
in a subsequent
Comprehensive
Zoning
By-law,
except
as noted
in Section
4 Exemptions
From Application
of By-law.
4. EXEMPTIONS FROM APPLICATION OF BY-LAW
The provisions
of this By-law do not apply to:
(a)
The
injuring
or
destruction
of
trees
in
the
Shoreline
Vegetative
Buffer for a maximum
width of 25°/o
of the
lot
frontage
of a lot or to a maximum
width specified
in the
(b)
(C)
(Cl)
(8)
(f)
(9)
(h)
(i)
(3')
(k)
(1)
Comprehensive
Zoning
By-law.
Lot frontage
is defined
in
the Comprehensive
Zoning
Bylaw.
Notwithstanding
Section
4 (a) of this By-law, for properties
which are subject
to greater
restrictions
as it relates
to the
preservation
of
vegetation
in a
Subdivision
Agreement
under
Section
51(26)
of the
Planning
Act R.S.O.
1990
(or
its predecessor)
or a Site Plan Agreement
under Section
41
of the
Planning
Act R.S.O.
1990
(or its predecessor),
the
greater
restriction
shall apply.
The more
restrictive
terms
and
provisions
of any of the
aforementioned
Agreements
are deemed
to be included
in this bylaw.
Notwithstanding
Section
4 (a) of this By-law,
a maximum
of 25°/o
of the
trees
distributed
throughout
the
Shoreline
Vegetative
Buffer may be removed.
Notwithstanding
Section
4 (a) of this By-law,
the
injuring
or destruction
of trees
within
the
Shoreline
Vegetative
Buffer shall not include the removal or covering
up Ground
Cover within the tree removal
area.
The
Removal
of
damaged
or
Destroyed
Trees
in
the
interests
of
public
safety,
health
and
general
welfare
following
any man-made
or natural
disasters,
storms,
high
winds,
floods,
fires,
snowfalls,
freezes
or as a result
of
insects,
disease
or wildlife;
The
Removal
of a dead,
diseased
or Hazardous
Tree
or
stumps;
Activities
or
matters
District
Municipality of Muskoka;
undertaken
by
the,
Activities
or
matters
undertaken
by
the
Provincial
or
Federal governments
or their authorized
agents;
The Destruction
or Injury
of Trees
required
in the exercise
of the
rights
or powers
of a hydroelectric
corporation
or
any public utility board or commission;
Activities
or
matters
authorized
under
the
Crown
Forest
Sustainability
Act, 1994;
Trees
cut by a Person
licensed
under the Surveyor's
Act to
engage
in the practice
of cadastral
surveying,
or his or her
agent,
while making
a survey;
Trees
that
are
part
of plantations
for the
purposes
of an
orchard,
nursery
or Christmas
Tree farm;
(I1)
(0)
(I3)
(G)
(F)
(S)
(t)
(u)
The
trimming
and/or
pruning
of
Tree
branches
in
accordance
with
Good
Forestry
Practice
to
maintain,
improve
or
protect
tree
health
while
providing
viewing
windows;
The Injuring
or Removal of Trees that are required
in order
to erect
any building,
structure
or septic
system
in respect
of which
a Building
Permit
is issued
and
has
taken
into
consideration
the
protection
of
Trees
surrounding
the
structure
or work
within
the
building
envelope,
provided
that
no Tree
is Removed
or Injured
that
is located
more
than
5
metres
from
the
outer
edge
of
the
building,
structure
or septic
system.
The Injuring
or Removal of Trees
that are required
in order
to
ensure
an
existing
approved
septic
system
and
associated
tile
field
and/or
mantle
are
being
properly
maintained
in accordance
with the Ontario Building Code.
The Injuring
or Removal of Trees
that are required
to erect
any building,
structure
or other
land use permitted
as an
exemption
to
the
front
yard
setback
in the
Township's
Zoning
By--law provided
that
no
Tree
is
Removed
or
Injured
that
is located
no more than
3 metres
from
the
outer
edge of the building, structure
or other land use;
The Injuring
or Destruction
as a condition
of approval
of a
site
plan,
a
plan
of subdivision
or
condominium
or a
consent
under
Section
41, 51 or 53 of the Planning
Act or
as a requirement
of an agreement
entered
into under
the
those
sections;
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 construction
and
maintaining
a
transmission
system
or
a
distribution
system,
as those terms
are defined in that section;
The
Injuring
or Destruction
of Trees
undertaken
on land
described
as a license
for pit or quarry
or a permit
for a
wayside
pit or wayside
quarry
issued
under the Aggregate
Resources
Act;
The Injuring
or Destruction
of Trees for the purpose
of one
temporary
access
road
no
wider
than
4.5
metres
on
properties
only accessible
by water;
A
Tree
Injured
or
Destroyed
in
compliance
with
an
approved
Tree
preservation
plan,
landscape
plan
or site
plan.
5. CONSIDERATION BY COUNCIL
5.1
6.2
If any Owner or Person
wishes
to apply for relief from this
By--law, they
may do so by submitting
a written
request
identifying
the
nature
and
extent
of relief
requested
and
accompanied
by a site
plan/diagram
and a description
of
the
proposed
Tree
Removal/cutting
to the Clerk. Council,
in deciding
whether
to
grant
relief,
shall
consider
the
environmental
impact
of the
proposed
activity
and
may
require
the applicant
to provide
such additional
information
as
it deems
necessary
and,
Council
may
impose
such
conditions
as it deems
appropriate.
INSPECTION BYAN INSPECTOR
Notwithstanding
Section
435
of the Municipal Act, 2001,
as
amended,
the
Inspector
for
the
Township,
having
probable
cause
to believe that a violation
of this By-law
is
occurring
or has
occurred
may
enter
the
lands
at
any
reasonable
time
for the
purpose
of inspecting
the Site to
determine
whether
there
is a
violation
of
any
or
all
portions
of Section
3 of this By-law.
Any Person
who obstructs
an Inspector
in carrying
out an
inspection
under this By-law is guilty of an offence.
ORDERS
7.1
7.2
7.3
7.4
Where
an
Inspector
is
satisfied
that
a
Person
has
contravened
any
provision
of this
By--law, the
Inspector
may
make
an
Order
requiring
the
Person
to
stop
the
Injuring
or
Destruction
of Trees
and
shall
set
out
the
particulars
of the
contravention.
The Order
shall set
out
the information
contained
in Schedule
'A'.
Where
the
Director
is
satisfied
that
a
Person
has
contravened
any
provisions
of this
By-law,
the
Director
may
make
a
Repair
Order
requiring
the
Person
to
rehabilitate
the land or to plant or replant
Trees
in such a
manner
and within such a period as the Director
considers
appropriate.
An
Order
issued
under
this
section
may
be
served
personally
or served
by sending
it by registered
mail to the
last known address
of:
(i)
The Owner
of the
property
at the address
shown
on
the municipal
tax rolls; and,
(ii)
The
Person
identified
as
Injuring,
Destroying
or
harvesting
a Tree or Trees.
Where service
of an Order is made by mail, the Order shall
be deemed
to have
been served
on the fifth business
day
after the order is mailed.
7.5
7.6
7.7
Where
services
cannot
be
made
under
the
preceding
sections
of
this
By-law,
it
is deemed
sufficient
if the
Inspector
places
a placard
containing
the
terms
of the
Order in a conspicuous
place on the affected
lands and the
placed
of the
placard
shall
be deemed
to
be
sufficient
serviced
of the Order on the Person
to whom the Order
is
directed.
A Person
to whom an Order
under
this section
has been
directed
may
request
a
review
by
Council
by
filling
a
written
request
with the
Clerk
within
30 days
after
the
date of the Order.
Council may confirm,
alter or revoke the
Order.
If a Person
fails to comply to an Order,
the Township
may
carry out the work, enter
the property
for that purpose
and
recover
the
cost
with
interest
all
in
accordance
with
Section 446 of the Municipal Act, 2001, as amended.
PENALTY
8.1
8.2
8.3
9.
9.1
9.2
(8)
(b)
(3)
(b)
Any person
who contravenes
any
provision
of this
By-law
is guilty of an offence
and upon conviction
is liable for the
following fines:
On a first conviction,
to a minimum
fine of $500 and
a maximum
fine of not more than $10,000;
and
On any subsequent
conviction,
to a minimum
fine of
$1,000
and
a
maximum
fine
of
not
more
than
$25,000
Where
a Corporation
is convicted
of an offence
under
this
By-law, the Corporation
is liable for the following fines:
On a first conviction,
to a minimum
fine of $2,500
and a maximum
fine of not more than $50,000
On any subsequent
conviction,
to a minimum
fine of
$4,000
and
a
maximum
fine
of
not
more
than
$100,000
If a Person
is convicted
of an offence
for contravening
this
By-law,
in addition
to
any
other
remedy
or any
penalty
imposed
by the
By-law,
the court
in which the conviction
has been entered,
and any court
of competent
jurisdiction
thereafter,
may issue an order to the Person
to rehabilitate
the land or to plant or replant
Trees
in such a manner
any
within such a period as the court considers
appropriate.
ADMINISTRATION
Schedule
'A' shall form part of this By-law.
If any
section
or sections
of this
By-law or parts
thereof
are found by any Court to be illegal or beyond
the power of
9.3
The short title of this By-law is the "Tree By--law".
10.
EFFECTIVE DATE
10.1
This By-law shall come
into force and take
effect
on the
day of passing
thereof.
Read and finally passed
this 10"'Day of November,
2014.
/'7
J
BRAID,
MAYOR
/A
'
I'
z%//;%
u
N
BOONSTRA, CLE
,1
SCHEDULE 'A'
STOP WORK ORDER
TOWNSHIP OF GEORGIAN BAY
Under the authority
of Section
7 of By-law 2014-73
YOU ARE HEREBY
DIRECTED AND ORDERED TO forthwith
stop,
halt, cease,
and
desist
from
any
and
all works
associated
with the
destruction
of trees
or
removal thereof
of from those lands comprising
of:
MUNICIPAL ADDRESS / LEGALDESCRIPTION OF THE PROPERTY:
OWNER / INDIVIDUAL RESPONSIBLE FOR DESTRUCTION OR INJURY
OF TREES:
DESCRIPTION OF INFRACTION:
DATE OF INSPECTION:
EFFECTIVE
ORDER
DATE:
TO
SIGNATURE OF
OFFICER:
DATE:
Pursuant
to
Section
7.6
of
By-law
2014-73,
where
the
person
to
whom the
Order
is directed
has been
served
in accordance
with this
By-law
is not satisfied
with the
terms
of the
Order,
the
person
may
request
a review
by Council by filing a written
request
by personal
service
or certified
mail to the
Clerk within 30 days
after
the date
of
the Order.
Township
of Georgian
Bay
99 Lone Pine Road
Port Severn,
Ontario
LOK1S0
Attn:
Susan
Boonstra
Copy To: By-law Enforcement,
Director of Planning,
Clerk
10