Bylaw to Prohibit or Regulate the Destruction or Injuring of Trees (Bylaw 2014-47)
Mono, Ontario
· adopted 2014-11-25
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THE CORPORATION OF THE TOWN OF MONO
BY-LAW NUMBER 2014 - 47
BEING A BYLAW TO PROHIBIT OR REGULATE THE
DESTRUCTION OR INJURING OF TREES
IN THE CORPORATION OF THE TOWN OF MONO
Explanatory Note: The general purpose of this Bylaw is to prohibit tree removal within woodlots
greater than 0.5 hectares (1.235 acres) and within a defined greenlands (see definition in bylaw)
area of the municipality, without a valid Harvesting Permit or Special Council Permit. A list of
exempted uses which are not covered by the Bylaw are set, as provided for in the Municipal Act,
are set out in Section 3 of the Bylaw, and provisions for removal of trees by property owners for
own use are set out in Section 4 of the Bylaw. The enacting of the Bylaw will reestablish the
exemption for tree cutting for landowners within the Niagara Escarpment Plan area, in accordance
with the Niagara Escarpment Planning and Development Act.
WHEREAS pursuant to the Municipal Act, 2001, S.O. 2001, c.25, Section 135(1), as
amended (hereinafter referred to as the Municipal Act, 2001), a local municipality may
prohibit or regulate the destruction or injuring of trees designated in a bylaw, where an
upper tier does not regulate or prohibit same;
AND WHEREAS the County of Dufferin has rescinded its Tree Conservation Bylaw and
has chosen not to prohibit or regulate tree cutting in the County of Dufferin;
AND WHEREAS the Council of the Town of Mono is desirous of passing such a Bylaw;
AND WHEREAS exemptions provided for tree cutting in the Niagara Escarpment Plan
area are not applicable without a Tree Conservation Bylaw being enacted;
NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE TOWN OF
MONO ENACTS AS FOLLOWS:
1.
DEFINITIONS
THAT in this Bylaw:
(a)
"Agricultural Operation" means an agricultural, aquacultural, horticultural or
silvicultural operation that is carried on in the expectation of gain or reward;
(b)
"Building Permit" means a building permit issued under the Building Code
Act, 1992, S.O. 1992, c. 23, as amended;
(c)
"Business Day" means any day in which the Town of Mono administration
building is open for business;
(d)
"Council" means the Council of the Town of Mono;
(e)
"Diameter" means the diameter of the stem of a Tree measured outside the
bark at a specified Point of Measurement;
(f)
"DBH" (Diameter at Breast Height) means the Diameter of the stem of a
Tree at Point of Measurement that is 1.37 metres about the ground;
(g)
"Forest Management Plan" means a document, including Silvicultural
prescriptions prepared by a Registered Professional Forester on behalf of
the Owner of a Woodland or Woodlands for the purpose of managing the
natural and forestry resources of the Woodland(s) in accordance with Good
Forestry practices while accommodating to the extent possible both the
short term and long term objectives of the Owner;
Amended by
2025-42
`
(h)
"Good Forestry Practices" 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 habitat, soil and water quality and quantity, forest
productivity and health, and the aesthetics and recreational opportunities of
the landscape;
(i)
"Greenlands" means designated Environmental Protection, Escarpment
Natural Area, or Greenbelt Natural Area as identified in the Town of Mono
Official Plan;
(j)
"Harvest" and "Harvesting" means the removal of trees for "own use" or
commercial sale;
(k)
"Injury to a Tree", "Injuring of a Tree" or "to Injure a Tree" means irrevocable
and lasting damages done to a Tree to inhibit or terminate its growth, but
does not include pruning or removing branches for purposes, such as
improving the health of a Tree or maintaining laneways, field borders or
fence lines;
(l) "Normal Farm Practice" means a practice that:
(i)
is conducted in a manner consistent with proper and acceptable
customs and standards as established and followed by similar
Agricultural Operations under similar circumstances, or
(ii)
makes use of innovative technology in a manner consistent with
proper advanced farm management practices.
Whether a farm practice is a Normal Farm Practice shall be determined in
accordance with the provisions of the Farming and Food Production
Protection Act, including the final arbitration on Normal Farm Practices by
the Farm Practices Protection Board under the Act. An Officer is
responsible for the interpretation of the protocol;
(m)
"Officer" means a Registered Professional Forester appointed by Council
for the administration and enforcement of this Bylaw;
(n)
"Owner" means a person or corporation having any right, title, financial
interest or equity in land;
(o)
"Own Use" means use of Trees that does not include a sale, exchange or
other disposition of the Trees;
(p)
"Permit" means the written authorization issued under Section 6 or 7 of this
Bylaw;
(q)
"Point of Measurement" means that point on the Tree trunk measured above
the ground;
(r)
"Registered Professional Forester" means a person as defined in the
Professional Foresters Act, 2000, S.O. 2000, c.18. ( as amended) and/or is
a member or an associate member in good standing of the Ontario
Professional Foresters Association;
(s)
"Settlement Area" means lands so designated in the Town of Mono Official
Plan;
(t)
"Silviculture" means the theory and practice of controlling forest
establishment, composition, growth and quality of forests to achieve the
objectives of management;
`
(u)
"Town" means The Corporation of the Town of Mono, or an Officer so
authorized and appointed by Council to administer and enforce this Bylaw;
(v)
"Tree" means any species of woody perennial plant including its root system
that has reached or can reach a height of at least 4.5 metres at physiological
maturity;
(w)
"Woodland" means an area of land with at least:
(i)
(1)
1000 Trees, of any size, per hectare or 50 such Trees per
0.5 hectare;
(2)
750 Trees, measuring over five (5) centimetres in Diameter
at DBH, per hectare or 375 such Trees per 0.5 hectare;
(3)
500 Trees, measuring over twelve (12) centimetres in
Diameter at DBH, per hectare or 250 such Trees per 0.5
hectare; or,
(4)
250 Trees, measuring over twenty (20 centimetres in
Diameter at DBH, per hectare or 125 such Trees per 0.5
hectare;
but does not include:
(ii)
(1)
an active cultivated fruit or nut orchard;
(2)
a plantation established for the purpose of producing
Christmas Trees;
(3)
a plantation specifically planted and maintained for the
purpose of harvesting as certified in writing by an Officer
based on field inspection and investigation;
(4)
a Tree nursery, or;
(5)
a narrow linear strip of Trees that defines a laneway or a
boundary between fields.
For the purpose of this Bylaw, the boundary of a Woodland shall be defined
by the ecological limit of the Woodland and not by property boundaries.
Where a potential Woodland is dissected by a road or path not wider than
20 m or by a natural feature such as a creek, the boundary of the Woodland
shall be deemed to cross the road, path or natural feature, but the area of
the Woodland shall be calculated exclusive of the area of the road, path or
natural feature.
2.
APPLICATION OF THE BYLAW
(a)
THAT this Bylaw is authorized by Section 135 of The Municipal Act and does
not override any federal or provincial legislation;
(b)
THAT this Bylaw shall become inoperative in accordance with Section
135(4) upon passing of a similar Bylaw by the Corporation of the County of
Dufferin;
(c) THAT this Bylaw shall apply to:
(i)
all Woodlands having an area of land 0.5 hectares and above;
(ii)
all Greenlands outside Woodlands 0.5 hectares or larger.
`
3.
EXEMPTIONS
In accordance with the exemptions provided specifically in the Municipal Act, this
Bylaw does not apply to:
(a)
activities or matters undertaken by the Town or a local board of the Town;
or
(b)
activities or matters undertaken under a licence issued under The Crown
Forest Sustainability Act (1994); or
(c)
the Injuring or destruction of Trees by a person licensed under The
Surveyors Act to engage in the practice of cadastral surveying, or by his or
her agent, while making a survey; or
(d)
the Injuring or destruction of Trees imposed after December 31, 2002 as a
condition to the approval of a site plan, a plan of subdivision or a consent
under Sections 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; or
(e)
the Injuring or destruction of Trees imposed as a condition to a development
permit authorized by regulation made under Section 70.2 of The Planning
Act or as a requirement of an agreement entered into under the regulation;
or
(f)
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; or
(g)
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; or
(h)
the Injuring or destruction of Trees undertaken on land in order to lawfully
establish and operate or enlarge any pit or quarry on land:
(i)
that has not been designated under The Aggregate Resources Act
or a predecessor of that Act; and
(ii)
on which a pit or quarry is a permitted land use under a Bylaw passed
under Section 34 of The Planning Act; or
In addition to the exemptions specifically provided in the Municipal Act, this Bylaw
does not apply to:
(i)
the control of infestation on any land when determined by an Officer and as
required by Good Forestry Practices; or
(j)
the removal of damaged Trees that pose a hazard to human safety or
properties; or
(k)
Normal Farm Practices carried on as part of an agricultural operation outside
the Settlement Area.
(l)
the removal of trees by order of the Fire Marshall's Office, or other Fire
Prevention Officer, for emergency purposes or creation of appropriate fire
breaks in forested areas.
`
4.
REMOVAL OF TREES WITHOUT A PERMIT
(a)
THAT an Owner may remove Trees within woodlands 0.5 ha or larger or
within Greenlands, outside the Settlement Area, on his or her property for
his or her Own Use of the resulting wood product provided that:
(i)
the amount of wood product from the destruction or Injuring of Trees
shall not exceed the equivalent of 18.12 cubic metres (equivalent of
5 full cords (4'x4'x8')) in volume within any calendar year, as
determined through Schedule "C";
(ii)
the removal of Trees is carried out in accordance with Good Forestry
practices and meets the requirements of the Endangered Species
Act; and
(iii)
the removal of Trees within Woodlands shall not have the effect of
reducing the density of Trees below those required to meet the
definition of a Woodland.
(b)
THAT an Owner may remove Trees within Woodlands 0.5 ha or larger or
within Greenlands, outside the Settlement Area, provided that:
(i)
the removal is in accordance with a Forest Management Plan
prepared by a Registered Professional Forester and approved by the
Town as being effective for a prescribed period of time, and meets
the requirements of the Endangered Species Act.
(ii)
such a Plan has been filed with an Officer; and
(iii)
the Owner has provided notice to an Officer at least five business
days prior to the date on which the removal activity is intended to
commence.
(c)
THAT any Tree Injury, destruction or removal undertaken without a Permit
issued under this Bylaw must comply with Section 5, Subsections (a) and
(b) as applicable, failing which such Injury, destruction or removal is a
contravention of this Bylaw.
5.
HARVESTING PERMITS
(a)
THAT upon application by an Owner, or by an agent with written permission
of the Owner, the Town may issue a Harvesting Permit to allow the removal
of Trees within Woodlands 0.5 ha or larger or within Greenlands in
accordance with Good Forestry Practices under the following conditions:
(i)
the application is accompanied by the applicable fee as described in
Schedule "A";
(ii)
the application contains the information as prescribed in Schedule
"B";
(iii)
the application is submitted to the Town prior to the commencement
of the proposed Tree removal activity with reasonable time to allow
an Officer to review the merit of the application;
(iv)
an Officer may request additional information from the applicant or
his/her agent;
(v)
an Officer may undertake a site inspection prior to, during and after
the Tree harvesting activity;
`
(vi)
the Permit may be issued with terms and conditions consistent with
Good Forestry Practices, including but not necessarily limited to,
expiry date of the Permit and manner and/or restrictions under which
the proposed Tree harvesting activity is to be carried out;
(vii)
within the Settlement Area,
(1)
a Harvesting Permit is required for tree removal for Own Use
or under Normal Farm Practices carried out as part of an
agricultural operation. An Officer may waive certain items of
information under Schedule "B" for these types of application.
(2)
the application for a Harvesting Permit must be accompanied
by a Forest Management Plan prepared by a Registered
Professional Forester, in addition to those items of
information prescribed in Schedule "B".
(b)
THAT when an application for a Permit is denied, the Town will give written
notice by personal delivery or registered mail to the applicant and the Owner
within five (5) Business Days of the decision;
(c)
THAT failure to comply with the Permit's terms and conditions is considered
a contravention of this Bylaw.
6.
SPECIAL COUNCIL PERMITS
(a)
THAT no application shall be made, nor would Council consider an
application for a Special Council Permit that would have the effect of
amending any part of the Town of Mono Official Plan.
(b)
THAT upon application by an Owner, or by an agent with written permission
of the Owner, Council may issue a Special Council Permit to allow any
Injuring, destruction, and/or removal of Trees within Woodlands 0.5 ha or
larger or within Greenlands under the following conditions:
(i)
the application is accompanied by the applicable fee as prescribed
in Schedule "A";
(ii)
the application contains the information as prescribed in Schedule
"B";
(iii)
the application is submitted to the Town at least thirty (30) Business
Days prior to the commencement of the proposed Tree
Injury/destruction/removal activity;
(iv)
the application explains the necessity for the proposed Tree
Injury/destruction/removal and the rationale for selecting the area for
such an activity;
(v)
the application is accompanied by a report prepared by a Registered
Professional Forester evaluating alternative locations for the
proposed Tree Injury/destruction/removal activity on the subject
property and the impact of the proposed activity on the sustainability
of any Greenlands and/or Woodlands;
(vi)
within five (5) Business Days of receipt of the complete application
and the applicable fees, the Town will give written notice of the
application, by registered mail, to all assessed Owners of each parcel
of land that abuts the subject property;
(vii) an Officer may undertake a site inspection prior to, during, and after
the Tree Injury/destruction/removal activity.
`
(c)
THAT the Permit may be issued with terms and conditions as determined
by Council, including but not necessarily limited to, expiry date of the Permit,
manner and/or restrictions under which the Tree Injury/destruction/removal
activity is to be carried out, and measures such as re-planting of Trees or
dedication of an interest in land, including a restrictive covenant registered
on title of the property.
(d)
THAT when an application for a Special Council Permit is denied, the Town
will give written notice by personal service or registered mail to the applicant
and the Owner within ten (10) Business Days of the decision;
(e)
THAT failure to comply with the Permit's terms and conditions is considered
a contravention of this Bylaw.
7.
APPEALS TO THE ONTARIO MUNICIPAL BOARD
THAT an applicant for a Permit under Section 5 or 6 may appeal to the Ontario
Municipal Board if:
(a)
the Town refuses to issue a permit, within thirty (30) days after the refusal;
or,
(b)
The Town fails to make a decision on the application, within forty-five (45)
days after a complete application is received by the Town; or
(c)
if the applicant objects to a condition of the Permit, within thirty (30) days
after the issuance of the Permit.
8.
GENERAL PROHIBITIONS
(a)
THAT no person or corporation through their own actions or through any
other person or corporation shall destroy or Injure any Tree located in
Greenlands or in Woodlands 0.5 hectares or larger:
(i)
unless exempted by Section 3 of this Bylaw;
(ii)
unless in accordance with the provisions of Section 4 of this Bylaw;
or,
(iii)
unless in possession of a valid Permit issued by the Town under
Section 5 or 6 of this Bylaw and in accordance with its terms of
conditions.
(b)
THAT no person or corporation through their own actions or through any
other person or corporation shall:
(i)
contravene the terms or conditions of a Permit issued under this
Bylaw;
(ii)
fail to comply with an order issued under Section 9 of this Bylaw;
or,
(iii)
remove or deface any Order that has been posted pursuant to
Section 9 of this Bylaw.
`
9.
ORDERS TO DISCONTINUE ACTIVITY
(a)
THAT where an Officer is satisfied that a contravention of this Bylaw has
occurred, the Officer may issue an order requiring the person or corporation
who contravened the Bylaw or who caused or permitted the Injuring or
destruction of Trees in contravention of the Bylaw to stop the Injuring or
destruction of Trees. The Order shall set out:
(i)
the municipal address or the legal description of the land;
(ii)
reasonable particulars of the contravention; and
(iii)
the period within which there must be compliance with the Order.
(b)
THAT an Order issued under this Section may be served personally to:
(i)
the Owner of the property; and/or
(ii)
the person or corporation identified as Injuring or destroying a Tree
or Trees within Woodlands 0.5 ha or larger or within Greenlands on
the property.
(c)
THAT where service cannot be carried out under Section 9, Subsection (b),
it is deemed sufficient if an Officer places a placard containing the terms of
the Order in a conspicuous place on the affected lands and the placing of
the placard shall be deemed to be sufficient service of the Order on the
person(s) or corporation(s) to whom the Order is directed.
10.
PENALTIES
(a)
THAT any person who contravenes any provision of this Bylaw, or an Order
issued under Section 9, is guilty of an offence and is liable for each
occurrence of the contravention, infraction or violation:
(i)
on a first conviction, to a maximum fine of $10,000 or $1,000 per
Tree, whichever is greater; and,
(ii)
on any subsequent convictions, to a maximum fine of $25,000 or
$2,500 per Tree, whichever is greater.
(b)
THAT any corporation who contravenes any provision of this Bylaw, or an
Order issued under Section 9, is guilty of an offence and is liable for each
occurrence of the contravention, infraction or violation:
(i)
on a first conviction, to a maximum fine of $50,000 or $5,000 per
Tree, whichever is greater; and,
(ii)
on any subsequent convictions, to a maximum of $100,000 or
$10,000 per Tree, whichever is greater.
(c)
THAT if a person or corporation is convicted of an offence for contravening
this Bylaw or an Order issued under Section 9, the court in which the
conviction has been entered, and any court of competent jurisdiction
thereafter, may order the person or corporation to rehabilitate the land, to
plant or replant Trees in such a manner and within such period as the court
considers appropriate and to maintain the replanted Trees as appropriate,
including any Silvicultural treatment necessary to re-establish the Trees.
`
10.
ENFORCEMENT
(a)
THAT Council may appoint from time to time by resolution any persons it
deems qualified and necessary to act as Officers to administer and/or
enforce the provisions of this Bylaw.
(b)
THAT any officer appointed by resolution of Council pursuant to Section 11,
Subsection (a) above may at all reasonable times enter upon the land, but
not any building, of any Owner for the purposes of:
(i)
enforcing this Bylaw;
(ii)
determining compliance with the provisions of this Bylaw;
(iii)
determining compliance with terms and conditions of a Permit issued
under this Bylaw; or,
(iv)
determining compliance with an Order issued under Section 9 of this
Bylaw;
(c)
THAT any person who obstructs or interferes with an Officer in the discharge
of his or her duties under this Bylaw shall be considered committing an act
in contravention of this Bylaw.
12.
ADMINISTRATION
(a)
THAT Schedules "A" through "C" shall form part of this Bylaw.
(b)
THAT if any sections or subsections of this Bylaw or parts thereof are found
by any Court to be illegal, such sections or subsections or parts thereof shall
be deemed to be severable and all other sections or subsections of this
Bylaw or parts thereof shall be deemed to be separate and independent
therefrom and continue in full force and effect unless and until similarly found
illegal.
(c)
THAT the short title of this Bylaw is "Tree Bylaw".
BY-LAW READ A FIRST AND SECOND TIME THIS 25TH DAY OF NOVEMBER 2014.
BY-LAW READ A THIRD TIME AND PASSED THIS 25TH DAY OF NOVEMBER 2014.
Original signed by:
John Creelman, Mayor
Fred Simpson, Clerk
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CORPORATION OF THE TOWN OF MONO
SCHEDULE "A" TO BYLAW NO. 2014 - 47
PERMIT FEES
Harvesting Permit
$ 500.00
Special Council Permit
$1,000.00
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CORPORATION OF THE TOWN OF MONO
SCHEDULE "B" TO BYLAW NO. 2014 - 47
PRESCRIBED INFORMATION FOR PERMIT APPLICATION
HARVESTING PERMITS
under Section 6 of the Bylaw
SPECIAL COUNCIL PERMITS
under Section 7 of the Bylaw
- Date of submission
- Names, addresses and
telephone numbers of all Owners
and agents
- Signatures or authorization of all
Owners and agents
- Municipal address of subject
property
- Legal description of subject
property
- A sketch of subject property
including relevant features
- Area of proposed Tree removal
activities as shown on the sketch
- Description on how the Tree
Injury
/destruction/removal activities
are to be carried out, including
equipment to be used
- Estimated start and end dates for
such activities
- Estimated volume of Tree
harvest
- Tree marker information
- Cutting contractor information
- Name, addresses and telephone
numbers of the Registered
Professional Forester(s)
- Date of submission
- Names, addresses and telephone
numbers of all Owners and
agents
- Signatures or authorization of all
Owners and agents
- Municipal address of subject
property
- Legal description of subject
property
- Air photo (1:10,000 or better) of
subject property
- Details of Tree Injury /destruction
/removal activities on subject
property within the past 5 years
- Area of Tree Injury/destruction
/removal activities
- Description of how the Tree Injury
/destruction/removal activities are
to be carried out
- Estimated start and end dates for
such activities
- Cutting contractor information
- Reason for the proposed Tree
Injury/destruction/removal
activities
- Signed statement by a
Registered Professional Forester
on alternative locations for the
proposed Injury/destruction
/removal activities and the impact
of the proposed activities on the
sustainability of the remaining
Greenlands and/or Woodlands
- A forest regeneration plan
prepared by a Registered
Professional Forester if the
proposed tree removal is within
the Settlement Area
- Name, addresses and telephone
numbers of the Registered
Professional Forester(s)
`
CORPORATION OF THE TOWN OF MONO
SCHEDULE "C" TO BYLAW NO. 2014 - 47
EQUIVALENT WOOD VOLUME
Tree Diameter (centimeters) at
Broadleaved
(cubic metres)
Coniferous
(cubic metres)
2 cm Above
Ground
137 cm Above
Ground
11
8
.0252
.0237
14
10
.0383
.0335
16
12
.0607
.0480
19
14
.0952
.0670
22
16
.1324
.0921
24
18
.1656
.1259
27
20
.2116
.1770
30
22
.2731
.2219
32
24
.3457
.2676
35
26
.4244
.3108
38
28
.5036
.3461
41
30
.5827
.4218
43
32
.6532
.4968
46
34
.7319
.5795
49
36
.8300
.6767
51
38
.9965
.7962
54
40
1.1429
.9223
57
42
1.3172
1.0611
59
44
1.4768
1.2024
62
46
1.6319
1.3403
65
48
1.8261
1.4854
68
50
2.0354
1.6247
70
52
2.2555
1.7509
73
54
2.4764
1.8757
76
56
2.6901
2.0143
78
58
2.9534
2.1579
81
60
3.2761
2.3243
84
62
3.6732
2.5165
86
64
4.0389
2.7187
89
66
4.1477
2.8964
92
68
4.6623
3.0743
95
70
5.1809
3.3007
97
72
5.5144
3.5576
100
74
5.6144
3.8283
Sources:
Honer, T.G., M.F. Ker and I.S. Alemdag. 1983. Metric Timber Tables for the Commercial Tree Species of Central and
Eastern Canada. Canadian Forestry Service Information Report M-X-140 Staley, R.N., 1991. Wood...Take a Stand
and Make it Better. Ontario Ministry of Natural Resources