By-law 2019-10 - Protecting and Enhancing Grand Valley's Tree Canopy and Natural Vegetation
Grand Valley, Ontario
· adopted 2019-02-12
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The Gorporation of the Town of Grand Valley
By-law 2Of 9- lL -
Protecting and Enhancing Grand Valley's Tree Canopy and
Natural Vegetation
A By-law to state the manner in which the Town of Grand Valley will protect and
enhance the tree canopy and natural
n in the Town
WHEREAS section 270(1) of the Municipal Act, 2001 , S.O. 2001, c. 25, as amended
(the "Act"), provides that the council of a local municipality shall adopt and maintain a
policy with respect to the manner in which the municipality will protect and enhance the
tree canopy and naturalvegetation in the municipality;
AND WHEREAS section 135 of the Act states that a municipality may prohibit or
regulate the destruction or injuring of trees, with the ability to require that a permit be
obtained to injure or destroy trees under conditions to that permit relating to the manner
in which destruction occurs and the qualifications of persons authorized to injure or
destroy trees;
AND WHEREAS the Corporation of the Town of Grand Valley deems it expedient to
pass a by-law to preserve trees and natural vegetation within the Town of Grand Valley
(the "Town");
AND WHEREAS the Corporation of the Town of Grand Valley deems it expedient to
prohibit the injuring, destroying, removal or cutting down of trees located or partially
located upon any highway within the Town;
NOW THEREFORE the Council of the Corporation of the Town of Grand Valley enacts
as follows:
1. ln this by-law, "Highway" shall have the same meaning as "highway" in section
26 of the Act, or as amended hereafter.
2, Every owner of a tree within the Town shall take steps to preserve the tree
canopy and natural vegetation on their property. lf a property owner wishes to
remove a tree located on their own property (i.e., not on municipal property), they
are encouraged to replace the tree on their property at a location of their
choosing. Clear-cutting is strongly discouraged. The planting of native species is
also encouraged.
3. No person shall injure, déstroy, remove or cut down a tree located upon any
highway or located partially upon any highway within the Town, unless the
authority of the Council of the Town of Grand Valley is obtained by resolution.
a. ln accordance with the Act, this section does not apply to activities or
matters undertaken by the municipality, a local board of the municipality, a
license issued under the Crown Forest Sustainability Act, 1994, a person
licensed under the Surveyors Act to engage in the practice of cadastral
surveying or their agent while making a survey, or the injuring or
destruction of trees by a transmitter or distributor as defined under section
2 of the Electricity Act, 1998 for the purpose of constructing and
maintaining a transmission system or a distribution system, as defined.
4. Under the authority granted to the Town in section 425 of the Act, any person
who contravenes section 3 above is guilty of an offence and shall, upon
conviction, be liable to a fine of not more than $3,000.00.
5. The Town may provide trees to the owners of land adjacent to any highway and
may plant the trees on the owner's land with their consent.
6. The Town shall maintain a Property Standards By-law to state requirements for
landscaping on private property, and to state enforcement provisions of said by-
law. ïhe Town encourages property owners to care for their lawn, garden and
property by giving new owners information on lawn care and gardening methods.
7. The Town shall monitor the health of its trees in parks, along highways and on
municipally-owned property. lf a tree appears to be in poor health, the Public
Works Superintendent shall work with an arborist to review the tree's condition
and will have the arborist treat or remove the tree, as needed.
8. The Town shall use its Official'Plan to encourage the protection and
enhancement of the Town's tree canopy and natural vegetation, in the Plan's
mission, principles and objectives, and with specific standards within the general
development criteria to which all land use applications will be subject.
Protectino and Enhancinq Grand Vallev's Tree Canopv and Natural Veqetation 2019- l0
Paoe 3 of 3
9. The Town shall require developers to include provisions for preserving, replacing
and enhancing trees and natural vegetation in the approved plans for
development or mineral aggregate licenses.
10. lf any section or portion of this by-law is found by a court of competent
jurisdiction to be invalid, it is the intent of the Council of the Corporation of the
Town of Grand Valley that all remaining sections and portions of this by-law
continues in force and effect.
1 1. That By-law 85-1 1 and all by-laws or parts of by-laws inconsistent with this by-law
are hereby repealed.
SHORT T¡TLE
This By-law may be cited as the "Tree By-law."
EFFECTIVE DATE
This By-law comes into full force and effect on the date it is enacted.
Read a first, second and third time, and finally passed this 12th day of February, 2019.
Solo
Mayor
Ja
M
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