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THE CORPORATION OF THE TOWNSHIP OF MULMUR
TOWNSHIP OF
BY-LAW NO. 47-2019
BEING A BY.LAW TO PROHIBIT OR REGULATE THE DESTRUCTION OR
INJURING OF TREES IN TOWNSHIP OF MULMUR
WHEREAS pursuant to Section 135(1) of the MunicipalAct, 2001, R.S.O., 2001, C.25,
as amended, a municipality may prohibit or regulate the destruction or injuring of trees
designated in a by-law, where an upper tier does not regulate or prohibit same;
AND WHEREAS the County of Dufferin rescinded its Tree Conservation By-law;
AND WHEREAS exemptions provided for tree cutting in the Niagara Escarpment Plan
area are not applicable without a Tree Conservation By-law being enacted;
AND WHEREAS the Council of the Corporation of the Township of Mulmur has
determined it desirable to prohibit clear-cutting activities, while permitting good forestry
practices by landowners;
NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP
OF MULMUR ENACTS AS FOLLOWS:
1. DEFINITIONS
1.1 "Municipality" means The Corporation of the Township of Mulmur
1.2
"clear cutting" means the removal of the majority of trees in a stand of timber with
a total area greater than 0.5 hectares, at one time or over a period of time.
1.3 "Clerk" means the Clerk of The Corporation of the Township of Mulmur
1.4 "Council" means the Council of The Corporation of the Township of Mulmur
"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.
1.5
1.6
1.7
"injure" means to cause irrevocable and lasting damage to a tree, which has the
effect of inhibiting or terminating its growth but does not include pruning or
removing branches for maintenance purposes. This may include the destruction
or elimination of a tree by cutting, burning, bulldozing or other means.
"Officer" means a police officer, a Municipal Law Enforcement Officer, County
Forester or other person appointed by Council to administer and enforce this By-
law.
1.8 "person" includes a corporation or partnership
1.9
"Tree" means any species of woody perennial plant which has reached or can
reach an average height of at least 5 metres at the physiological maturity and is
larger than 50 mm diameter outside the bark of the tree measured at a point that
is 1.37 metres above the ground.
2. GENERAL PROVISIONS
2.1
No person shall injure, destroy or harvest any tree or undertake clearcutting on
any parcel of land of an area larger than Tzhectare, prior to receiving approval
from the Council.
2.2
Any person wanting to injure, destroy or harvest trees or undertake clearcutting of
an area larger than Tz hectare on any parcel, for which an exception is not provided
under section 3.0 of this By-law, shall provide to the Municipality a proposal
prepared by a certified arborist or forester including the following information:
i) a complete inventory of all of the trees to be removed including the health,
species, size and location of each tree, and whether any of the species
are rare, threatened or endangered; and,
iii) a justification for the removal of the trees
2.3
Council may authorize the destruction or removal of trees where the person has
provided a complete proposal in accordance with subsection 2.2 of this By-law,
and the person has entered into an agreement with the Municipality and provided
necessary securities.
3. EXCEPTIONS
3.1 This By-law does not apply to:
i. activities or matters undertaken or authorized by the Municipality;
activities or matters undertaken as a condition of an approved site plan,
approved plan of subdivision, licensed pit or quarry, wayside pit or wayside
quarry;
Normal Farm Practices in accordance with the Farm Practices Protection
Act, R.S.O. 1990, c. F.6, as amended, carried on as part of an agricultural
operation, including minor squaring-up of fields to a maximum of 2ha of
treed area;
Trees planted and/or cultivated by the current owner of the subject lands;
Activities or matters undertaken in accordance with an agreement with the
Ministry of Natural Resources for a managed forest or conservation lands;
vi. Properties which are less than 2 hectares in total area;
vil
activities or matters in relation to the installation of utilities or a driveway to
each building or structure;
vilt
the removal or injury of trees within 30 metres of a building or structure
where a building permit has been issued for such building or structure;
ix. the harvesting of trees for personal use as firewood;
X
the harvesting of marked trees, marked by a Registered Professional
Forester or a Member of the Ontario Professional Foresters Association;
and
XI
the injury, destruction or harvesting of any trees in accordance with good
forestry practices.
4.
GENERAL PROHIBITIONS
4.1
No person or corporation through their own actions or through any other
person shall destroy or injure any tree that is:
(1) located in an area designated Natural Area or zoned Environmental
Protection, except in accordance with good forestry practices; and
(2) located within the Niagara Escarpment Plan, unless a permit has been
issued by the Niagara Escarpment Commission.
5.
ENFORCEMENT
5.1
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 is complied with or
whether an order issued under this By-law is complied with.
5.2
No person shall hinder or obstruct any person lawfully carrying out the enforcement
of this By-law.
IV
V
Where an Officer is satisfied that a contravention of this By-law has occurred, the
Officer may issue an Order, personally, by posting it on the property, or by mail,
5.3
5.4
requiring the person who contravened the By-law or who caused or permitted the
contravention of the By-law to stop harvesting, injuring or destroying trees. The
Order may be served on the owner or person identified as harvesting, injuring or
destroying a tree or trees.
lf the person to whom the Order is directed is not satisfied with the terms of the
order, the person may appeal to the Municipality by filing a notice of appeal by
personal service or registered mail to the Clerk within 30 days of the date of the
Order. Where a notice of appeal has been filed, the Council shall hear the appeal.
Prior to conducting a hearing, the Clerk shall give notice to such persons or direct
that notice be given to such persons as the Clerk considers should receive notice
and in the manner directed by the Clerk. After hearing an appeal, Council may
confirm and enforce or revoke any order issued under this By-law or may issue a
Permit with conditions, provided that in the opinion of the Council, the general
intent and purpose of this By-law is maintained.
5.5
Any person who breaches this By-law is guilty of an offence and upon conviction
is liable to a fine of not more than $10,000 or $1000 per tree, whichever is greater;
and on any subsequent convictions, to a fine of not more than $25,000 or $2500
per tree whichever is greater.
5.6
Despite subsection 5.5, where the person is a corporation, the maximum fines are,
on a first conviction, a fine of not more than $50,000 or $5000 per tree, whichever
is greater; and on a subsequent conviction, a fine of not more than $100,000 or
$10,000 per tree, whichever is greater.
5.7
lf a court of competent jurisdiction declares any section or part of this By-law
invalid, the remainder of the By-law shall continue in force.
6.0 REPEAL
By-Law Numbers 19-2015 and 8-2018 are hereby repealed
READ a first, second and a third time and finally passed this 2nd day of October, 2019
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