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BY-LAW NUMBER 100 - 2012
OF THE
CORPORATION OF THE MUNICIPALITY OF MEAFORD
BEING A BY-LAW TO PROHIBIT AND REGULATE THE
DESTRUCTION OR INJURING OF CERTAIN TREES IN THE
MUNICIPALITY OF MEAFORD.
WHEREAS Section 135 of the Municipal Act, R.S.O. 2001, c. 25, provides
Council with the authority to pass by-laws for prohibiting the destruction or injury
of trees specified in the By-law and prescribing fees for the permit, and
prescribing conditions under which a permit may be issued; and
WHEREAS Part XIV (Enforcement) of the Municipal Act provides methods for a
municipality to enforce its by-law; 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;
NOW THEREFORE COUNCIL OF THE CORPORATION OF THE
MUNICIPALITY OF MEAFORD HERE BY ENACTS AS FOLLOWS:
1.
DEFINITIONS
"applicant" means an Owner of a tree or an Owner's authorized
representative who, pursuant to this by-law, applies for a Permit;
"application" means an application pursuant to this By-law for a Permit as
set out in Schedule 'A' which constitutes as part of this by-law;
"application fee" means the fee, in effect from time to time, require in
connection with submission of an Application;
"certified arborist" means an arborist certified by the Certification Board of
the International Society of Arboriculture;
"DBH" means "Diameter at breast height" which means and refers to the
diameter of a tree, outside the bark, at a point of 1.2 metres (4.0
feet) above the highest point on the tree where the ground meets
the stump;
"destroy" means directly or indirectly, including through construction
activities, remove, ruin, uproot or kill a tree, whether by accident or
by design, and whether by cutting, burning, girdling, interfering with
its water supply, applying chemicals, puncturing, or compacting,
regarding or resurfacing within its drop line, but does not include
Maintenance Pruning, and "Destruction" has the corresponding
meaning;
"Director" means the Director of Planning & Building Services for the
Municipality or his or her designate;
"Director of Operations" means a person appointment by Council for the
Municipality of Meaford;
"emergency work" means any work required to be carried out immediately
in order to prevent imminent danger to life, health or property, and
includes the Destruction or Injuring of trees required because of the
state of the trees resulting from natural events (including lighting,
wind, hail or extreme snow event) or unforeseen causes (including
automobile accident), or to permit repairs to building structures or
drains;
"farm operation" means an agricultural or horticultural operation that is
carried on in expectation of gain or reward, and includes the
cultivation of land, the raising of livestock and poultry, the
production of agricultural crops and maple syrup production;
"forest technician" means a graduate of a post-secondary school forestry
and/or ecology based program;
"forestry consultant" means a forest technician, a forest technologist, a
forest/wildlife ecologist, a managed forest plan approver, or a
professional forester;
"good arboriculture practice" means the proper implementation of
maintenance, renewal and removal activities known to be
appropriate for individual trees in and around urban areas to
minimize detrimental impacts on the urban forest values, and
includes maintenance pruning;
"good forestry practice" means the proper implementation of harvest,
renewal and maintenance activities known to be appropriate for the
woodlands and the environmental conditions under which it is being
applied and which minimize detriments to woodland values,
including: significant ecosystems, important fish and wildlife habitat,
soil and water quality and quantity, woodlands productivity and
health, and the aesthetic and recreational values of the landscape
and includes the clearing and thinning of trees for the purposes of
stimulating tree growth and improving the quality of the woodlands
without permanently breaking the canopy; the cutting or removal of
hazardous, severely damaged, diseased and insect-infested trees
in order to prevent injury, damage, contamination or infestation of
other trees; and the cutting or removal of trees which no longer
contribute to the achievement of woodlands values;
"harvesting" means the destruction of trees and may be either a single cut
or a series of cuts, and shall include logging;
"hazardous tree" means destabilized or structurally compromised to an
extent that an imminent danger of death, injury or structural
damage exists, which includes a dead or severely damaged tree
that may pose a danger to persons or property;
"infestation" means infestation as defined in the Forestry Act, R.S.O.
1990, cF26, as amended;
"injure" means to do harm, damage, or impair;
"landscape architect" means a graduate of a post secondary school
landscape architect program and who is a member of The Ontario
Association of Landscape Architects;
"lot" which has the same corresponding meaning as "land" which is a
contiguous parcel of land which is owned by one person, or by
more persons than one as tenants in common as to the whole
parcel, or as joint tenants as to the whole parcel, and which parcel
of land is also;
a)
A whole of a lot or block on a registered Plan of Subdivision;
b)
A whole of a unit on a Vacant Land Condominium Plan;
c)
The whole of a contiguous parcel of common elements
within a Vacant Land Condominium Plan or within a
Common Elements Condominium Plan;
d)
The whole of the lands within a Standard Condominium
Plan; or
e)
A parcel which may otherwise be conveyed separately
without contravening the Planning Act, provided that the
sub-paragraph (e) shall not apply to a unit within a Standard
Condominium Plan;
"maintenance pruning" means the pruning or removal of tree branches in
accordance with Good Arboriculture Practice, as specified by the
International Society of Arboriculture, including for purposes of
removing dead limbs, maintaining structural stability and balance
and encouraging natural form, but not limited to the appropriate
removal of no more than one-third of the live branches that make
up the leaf-bearing crown of the tree within a three-year pruning
cycle, or as appropriate for the specific tree species, in order to
maintain the health of the tree;
"Municipality" means The Corporation of The Municipality of Meaford;
"Officer" has the same meaning as a "Municipal Law Enforcement Officer"
who is a person appointed under the authority of the Police Service
Act for the purpose of enforcing the Municipality's by-laws;
"owner" means the person having the right, title, interest or equity in land;
where a tree is located; a boundary tree, may have multiple
Owners;
"person" means an individual, a corporation and the heirs, executors,
administrators, or other legal representatives of a person to whom
the context can apply according to law;
"permit" means a permit to destroy or injure a tree, issued pursuant to this
by-law as set out in Schedule 'B' which constitutes part of this by-
law;
"public park" means all lands owned by or belonging to the Municipality as
otherwise may be designated for use as a public park in
accordance to our Zoning By-law;
"public tree" means any tree which as 50 percent or more of its main stem
situated on a public park, highway or any lands owned by the
Municipality of Meaford;
"professional forester" means a professional forester as defined in the
Crown Forest Sustainability Act, S.O. 1994;
"tree" has the same corresponding meaning as a "regulated tree' which
means a specimen of any species of deciduous or coniferous
growing woody perennial plant, supported by a single root system,
which has reached, could have reached a height of at least 4
meters from the ground at physiological maturity, is located on a lot
larger than 1.0 hectares (2.5 acres) in size with a DBH of at least
10cm;
"tree farm" means land where trees are grown and maintained for sale;
"tree preservation plan" means a plan prepared by an arborist, a
landscape architect, a forest technician, a forest technologist, a
forest/wildlife ecologist, a managed forest plan approver, or a
professional forester which determines trees to be preserved
through an assessment process which identifies trees, shrubs and
other specific areas of natural habitat and their ecological function
or importance and such plan shall determine mitigation measures
and measures to protect and manage trees to be preserved and
proper practices to remove trees to be destroyed;
"woodlands or forest management plan" means a plan for a woodlands
prepared according to guidelines set by the Ministry of Natural
Resources or other recognized guidelines, which set out objectives
and management practices to ensure the sustainability of the
woodlands, and approved by a forestry consultant; and
"Zoning By-law" means a comprehensive by-law passed by the Council of
the Municipality of Meaford in accordance with Section 34 of the
Planning Act, S.O. 1990.
2.
AREA OF APPLICATION OF BY-LAW
2.1
No person, shall, within the boundaries of the Municipality, destroy
or permit or cause to be destroyed any tree without a permit and in
accordance the following:
(a)
that is identified as a tree for preservation on a tree
preservation plan or an area of tree preservation
forming part of, or referenced, in an agreement
entered into with the Municipality;
(b)
as defined as a public tree except with the prior
written approval of the Director, and/or mark , cut,
break, peel or deface a public tree or any part of a
public tree;
(c)
that would negatively affect the flood or erosion
control,
or
the
ecological
integrity
of
an
Environmentally Protected Area within and as
defined under the Zoning By-law;
(d)
within an area subject to an application or approval
under the Planning Act for the development of the
lands in advance of any agreement that addresses
tree preservation or removal; and
(e)
on land owned, controlled or managed by the County
of Grey or any local board thereof.
3.
EXEMPTIONS
3.1
Section 2 of this By-law does not apply and exempt from the
requirement of permit, such as;
(a)
activities or matters undertaken by the Municipality or
the County of Grey or any local board thereof;
(b)
lands which are greater than 1ha. (2.4 acres), in
which the County of Grey will take precedence with
their applicable law;
(c)
activities or matters undertaken by a conservation
authority as defined by the Conservation Authorities
Act;
(d)
activities or mattes undertaken under a license
issued under the Crown Forest Sustainability Act,
1994;
(e)
the injuring or destruction of trees by a person
licensed under the Surveyors Act to engage in the
practice of cadastral surveying of his or her agent,
while making a survey;
(f)
the injuring or destruction of trees imposed as a
condition to the approval of a site plan, a plan of
subdivision or a consent under Section 41, 51 or 53
respectively, of the Planning Act or as a requirement
of a site plan agreement or subdivision agreement
entered into under those sections;
(g)
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;
(h)
The maintenance of a tree in accordance with good
arboriculture practice;
(i)
the removal of a dead, diseased or hazardous tree
when certified as such by an individual designated or
approved by the Director;
(j)
the removal of a damaged or destroyed tree, when
certified as such by an individual designated or
approved by the Director, and where emergency
work is required in the interest of public safety, health
or general welfare following any man-made or natural
disasters, storms, high winds, floods, fires, snowfall
or freezes;
(k)
a tree certified by the Director causing structural
damage to a drain, load bearing structure or roof
structure;
(l)
a tree injured or destroyed in compliance with a tree
preservation plan approved by the Director;
(m)
a tree on land covered by a woodlands management
plan approved by a forestry consultant, a copy of
which has been submitted to the Director, provided
such work is under taken in accordance with good
forestry practice and the woodlands management
plan; and
(n)
the destruction of trees occurring as an integral
component of an active farm operation.
4.
ADMINISTRATION
4.1
The Director is responsible for the administration of this By-law and
is hereby delegated the authority to receive applications as per
Schedule 'A' and the application fees, if applicable, and to issue
permits as per Schedule 'B' and/or approvals and to attach
conditions thereto in accordance with this by-law.
4.2
No person shall plant any public tree without the approval of the
Director and such tree shall be planted. The Director will include
the planting location, species, size and condition in conjunction with
the Director of Operations and/or their designate.
5.
ISSUANCE OF PERMIT
5.1
In deciding whether or not to issue a permit in respect of a
regulated tree, the Director and the Director of Operations or their
designate shall consider the following criteria:
(a)
The condition of the tree;
(b)
The location of the tree;
(c)
The reason or reasons for the proposed destruction or
injuring of the tree;
(d)
the protection and preservation of ecological systems
and their functions, including the protection and
preservation of native flora and fauna;
(e)
erosion,
flood
control
and
sedimentation
of
watercourses;
(f)
the submission of such persons or agencies as the
Director may consider necessary to confer with the
proper review of the application; and
(g)
any other legislation that may apply or approvals that
may be required.
5.2
In issuing the permit, the Director shall issue the permit to the
applicant and provide copies of the permit to any other owners.
5.3
The permit shall identify the tree or trees to be destroyed or injured
and the reason or reasons for the destruction or injuring.
5.4
Following issuance of a permit, the application shall immediately
post a copy of it in a conspicuous place on the land where the
regulated tree is located so that it is visible and legible to passers-
by, at least five (5) day prior to the destruction or injuring, and shall
ensure that it remains so posted until the destruction, injuring or
other related activities are complete.
5.5
A permit is and remains the property of the Municipality and may
not be transferred except with the approval of the Director.
5.6
A Director shall revoke a permit if it was issued based on false or
misleading information or if the applicant fails to comply with any
condition attached to the permit or any provision of this by-law.
5.7
A permit shall expire ninety (90) days after is issuance, unless at
least thirty (30) days before that expiry, the applicant applies to the
Director and before that expiry the Director grants a onetime
extension of ninety (90) days.
6.
REFUSAL OF PERMIT
6.1
If the Director refuses to issue a permit, or if an applicant objects to
a condition attached to a permit by the Director, the applicant may
appeal to Council. Such appeal shall be made by written notice
received by the Director within seven (7) days after the date of the
refusal or the issuance of the conditional permit, as the case may
be.
6.2
Upon considering the appeal, Council may recommend that the
Director refuse the permit, issue the permit or issue the permit upon
such conditions as Council considers appropriate.
6.3
Council's decision shall be final on the appeal of the permit
application.
7.
ORDERS AND REMEDIAL ACTIONS
7.1
If an Officer confirms, after making an inspection, that there has
been a contravention for this by-law (including an order or a
condition of a permit made pursuant to this by-law) then he or she
may make an order requiring the person who contravened it
(including the owner, an applicant or, if applicable, a contractor of
the owner or applicant) to discontinue the activity and/or to do work
to correct the contravention at the owner's expense.
7.2
If a person is required, under an order pursuant to this by-law to do
a matter or thing, then in default of it being done by the person so
required to do it, the matter or thing may be done at the person's
expense under the direction of an Officer.
7.3
Wherever this by-law directs or requires any matter or thing to be
done by a person, in default of its being done by the person
directed or required to do it, the matter or thing may be done under
the direction of the Director, and the Municipality may recover the
costs incurred by action or by adding the costs to the tax roll and
collecting them in the same manner as property taxes (Part XII of
the Municipal Act, S.O. 2001, C.25).
7.4
An order shall be served upon the owner and upon, if known, any
other person or persons responsible for the destruction or injury of
the regulated tree or trees.
7.5
An order under this by-law may be served:
(a)
personally, in which case it shall be deemed to have
been served on the date of the personal service;
(b)
by email, in which case it shall be deemed to have
been served on the date of the email;
(c)
by facsimile transmission, in which case it shall be
deemed to have been served on the date of the
facsimile transmission; or
(d)
by sending it by prepaid ordinary mail to the last
known address of the person being served, in which
case it shall be deemed to have been served on the
fifth day after the date it was mailed.
8.
ENFORCEMENT
8.1
An Officer may, during daylight hours and upon producing a
certificate of designation enter and inspect any land to which this
by-law applies. An Officer may, in carrying out an inspection, be
accompanied by an assisting person.
8.3
No person shall obstruct, hinder, or otherwise interfere with an
Officer in the lawful carrying out of their duties and responsibilities
under the provisions of this bylaw.
9.
PENALTIES FOR NON-COMPLIANCE WITH BY-LAW
9.1
Any person who directly or indirectly contravenes or causes or
permits a contravention of any provision of this by-law or an order
issued under this by-law or a condition of a permit, is guilty of an
offence.
9.2
Any Director or Officer of a corporation who concurs in the
contravention of this by-law by the corporation is guilty of an
offence.
9.3
If a contravention of any provision of this by-law, an order issued
under this by-law or a condition of a permit occurs, the
contravention may be presumed to have been committed by the
owner of the land on which the contravention occurred.
9.5. A person convicted of an offence under this by-law is liable:
(a)
On a first conviction, to a fine of not more than
$10,000.00 or $1,000.00 per tree, whichever is greater;
and
(b)
On any subsequent conviction, to a fine of not more than
$20,000.00 or $2,500.00 per tree, whichever is greater.
9.6
Where the person convicted of an offence under this by-law is a
corporation;
(a)
The maximum fine of 9.5(a) is $50,000 or $5,000 per
tree to a maximum of $100,000 whichever is greater;
and
(b)
The maximum fine in clause 9.5(b) is $100,000 or
$10,000 per tree to a maximum of $100,000, whichever
is greater.
9.7
Where a person is convicted of an offence under this By-law, in
addition to any other remedy or any penalty imposed by the By-law,
the court is which the conviction has been entered, and any court of
competent jurisdiction thereafter, may make an order prohibiting
the continuation or repletion of the offence by the person convicted
or any other person.
9.8
Where 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 thereafter, may order the person to replant or
have replanted such trees in such manner and within such a period
of time as the court considers appropriate, including any
silvicultural treatment necessary to re-establish the tree or have the
tree re-established.
10.
SHORT TITLE
10.1
This By-law may be referred to as "The Tree Preservation By-law".
11.
VALIDITY OF THE BY-LAW
11.1 Where a court of competent jurisdiction declares any section or
part of a section of this By-law to be invalid, the remainder of this
By-law shall continue in force unless the court makes an order to
the contrary.
12.
GENERAL
12.1 This by-law, words importing the singular number shall include the
plural, words importing the plural shall include the singular number,
words importing the masculine gender shall include the feminine,
and words importing the feminine gender shall include the
masculine, unless the context requires otherwise.
12.2 This by-law shall not be interpreted as exempting any person from
the requirement to comply with any other Municipal by-law. In the
event of conflict between the provisions of this by-law and any
other Municipal by-law, the provisions which are more protective of
trees shall apply.
13.
EFFECTIVE DATE OF BY-LAW
13.1 This By-law shall come into force and take effect on the day of the
passing thereof.
READ a FIRST, SECOND and THIRD time and finally passed this 10th day of
December, 2012.
Original signed by
Original signed by
_______________________
________________________
Francis Richardson, Mayor
Pamela Fettes, Clerk