This is the exact embedded text of the captured official document.
Snapshot 4ef95a0e8e2f · verified 2026-08-28 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
By-law 2022-10
Page 1 of 8
Corporation of the Town of Newmarket
By-law 2022-10
OFFICE CONSOLIDATION
This is a consolidation of the Town's By-law regulate the Injury or
Destruction of Trees on private property within the Town of Newmarket,
being By-law 2022-10, as amended by the below listed by-laws and is
prepared for reference and information purposes only. The following
consolidation is an electronic reproduction made available for information
only. It is not an official version of By-law 2022-10. Official versions of all
by-laws can be obtained from Legislative Services by calling 905-953-
5300. If there are any discrepancies between this consolidation and By-
law 2022-10 and listed amending by-laws the official by-laws shall
prevail.
2023-31 - June 5, 2023
Amendments to various sections
A By-law to regulate the Injury or Destruction of Trees on private property
within the Town of Newmarket (Private Tree Protection By-law).
Whereas without limiting the broad municipal powers, sections 135, 139 to
141, 429, 431 and 444 of the Municipal Act, 2001 provides municipalities with
further authority to regulate and prohibit the destruction or injuring of trees and
to provide for a system of fines and other enforcement orders; and
Whereas Council has determined that it is desirable to enact a by-law to
protect trees and to prohibit and regulate the Injury or Destruction of trees and
encourage the preservation and planting of trees within the Town of
Newmarket.
Therefore be it enacted by the Council of the Corporation of the Town of
Newmarket as follows:
1.0 Title
This By-law may be known and cited for all purposes as the "Private Tree
Protection By-law 2022-10", as amended by By-law 2023-31.
2.0 Definitions
For the purpose of this By-law, the following definitions shall apply:
"Aggregate Inch Method" means a method for calculating Tree replacement
requirements whereby the aggregate DBH of Trees removed is equal to or less than
the DBH of Trees planted in replacement, regardless of the number of individual
Trees also known as the Aggregate Caliper Method;
"Arborist" a person who is a specialist or expert in the area of the care and
maintenance of Trees and includes an Arborist qualified by the College of Trades or
a certified Arborist qualified by the International Society of Arboriculture, a consulting
Arborist registered with the American Society of Consulting Arborists, a registered
professional forester or a person with other similar qualifications as approved by the
Director;
Page 2 of 8
"Arborist Report" means a detailed description of a Tree or Trees written by
an Arborist that establishes the existing condition of a Tree with information
such as species, location, size, condition, structural integrity, health
(disease), infestations and vigour, and may consider compensation and/or
security values and tree protection requirements;
"Boundary Tree" means a Tree, any part of whose trunk is growing across
one or more property lines;
"Cash-in-lieu payment" means that for every replacement Tree not planted a cash-
in-lieu amount will be collected. The amount will be set out in the Town's Fees and
Charges By-law;
"Construction" as defined under the Occupational Health and Safety Act, as
amended;
"Council" means the Council for the Town and includes its successor;
"Dead" shall mean a tree with no living tissue;
"Destroy/Destruction" means to damage, by cutting, burning, girdling,
uprooting, chemical application, or other means, a tree to such a degree that,
in the opinion of an Arborist, the tree will not survive the damage;
"Diameter at Breast Height or DBH" means the measurement of the diameter of
the trunk of a Tree at a height of 1.4 metres above the existing ground adjoining its
base or where there are multiple stems, the total of the diameters of the stems at 1.4
metres;
"Director" means the Director of Parks and Facility Services or their
delegate, as amended from time to time;
"Dying Tree" shall mean a tree where seventy (70) percent or more of its
crown is dead or a tree infected by a lethal pathogen;
"Emergency Work" shall mean trees that have become structurally
weakened to the point where there is a high risk for the tree to break or fall
immediately. This situation often happens because of inclement weather,
high winds or thunderstorms. Such works are to be addressed within a
reasonable time after the weather event, normally within 48 hours or at the
discretion of the Director.
"Fees and Charges By-law" means the Town of Newmarket Fees and
Charges By-law 2019-52, as amended;
"Good Arboricultural Practice" means the proper implementation of removal,
renewal and maintenance activities known to be appropriate for individual trees in
and around urban areas to minimize detrimental impacts on urban forest values, and
includes pruning of trees to remove dead limbs, maintain structural stability and
balance, or to encourage their natural form, provided that such pruning is limited to
the appropriate removal of not more than one-third of the live branches or limbs of a
tree, but does not include pruning to specifically increase light or space;
"Guidelines" means the Town's guidelines for processing and reviewing
Private Tree Permits;
"Hazardous" means a destabilized or structurally compromised Tree that is in
danger of causing damage or Injury to life or property as verified or confirmed by an
Arborist or by the Director;
"Heritage Tree" means a Tree designated under Part IV of the Ontario Heritage Act,
1990 or Trees recognized as Heritage Trees by the Ontario Heritage Tree Program
of Trees Ontario;
"Injure/Injury" means to harm or Destroy a Tree by an action that causes physical,
biological or chemical damage or death to a Tree, but does not include pruning or
removing branches for maintenance purposes which is done in accordance with
Good Arboricultural Practice;
"Nuisance Tree" means a Tree that causes significant displeasure to a property
owner due to leaves, fruit, or other droppings; inappropriate shading; personal taste
or other personal reasons;
Page 3 of 8
"Officer" means a Property Standards Officer, Municipal Enforcement Officer, or
other enforcement officer duly appointed by by-law to administer and enforce the
provisions of this by-law;
"Person" includes a natural Person, corporation, partnership or party, and the
personal or other legal representatives or a Person to whom the context can
apply according to law;
"Private Tree Permit" means a permit issued under this By-law;
"Property Damage" applies to trees within 2m of an occupied building, where a Tree
is causing or will in the near future cause structural damage that cannot be mitigated
other than by cutting or removing the protected Tree, as certified by a Professional
Engineer and/or Building Inspector and assessed by the Director.
"Replacement Tree Planting Plan" means a plan illustrating the location of
Trees to be replanted;
"Town" as the context requires, means "The Corporation of the Town of
Newmarket";
"Tree" includes all woody vegetation, which at maturity, will reach a height of at least
4.5 m;
"Tree Protection Plan" means a report and/or drawing that details the steps
that will be taken to preserve Trees to ensure their safety and long-term
viability.
3.0 Application
3.1 This By-law applies to Trees equal to or greater than 20
centimetres in diameter at breast height (DBH) or grade on
private property in the Town.
3.2 Notwithstanding Section 3.1, this By-law does not apply to Trees
regulated by the Town's Woodlot By-law 2007-71, as amended,
and the Regional Municipality of York Forest Conservation By-
law 2013-68, as amended.
3.3 Any Tree removal (except as authorized by SPA/subdivision
agreement/consent or permit obtained under the Private Tree
Protection By-law) is unlawful and the property owner(s) and any
person who participates in such removal is subject to the penalty
provisions of the By-law.
3.4 The Director is authorized to:
a.
Require the undertaking of the work of an Arborist
Report to determine:
i.
The health and species of the subject Tree;
and
ii.
Which exemption of this By-law, if any, permits
the removal of the Tree;
b.
Determine value for replacement and/or any securities;
c.
Issue permits for the Destruction or Injury of Trees and
impose terms and conditions to the permit;
d.
Refuse to issue a permit.
3.5 This By-law does not apply to trees that are subject to exemptions
as provided by the Municipal Act, 2001.
3.6 This By-law does not apply to work or tree removal undertaken by
a not for profit cemetery corporation.
4.0 General Prohibitions
Page 4 of 8
4.1 No Person shall Injure or Destroy any Tree equal to or greater
than 20 cm in DBH or at grade on private property without first
obtaining a Private Tree Permit under this By-law.
4.2 Trees are measured at DBH unless the tree has been Injured or
Destroyed and a DBH measurement is no longer possible, then the
tree may be measured at grade. If it was 20cm at grade the
provisions of this By-law apply.
4.3 Trees equal to or greater than 20 centimetres in DBH or grade on
private property in the Town may be removed if:
1.
The Tree is dead,
2.
The Tree is hazardous,
3.
The Tree is required to be removed through an order
under the Property Standards By-law,
4.
The Tree is a nuisance tree,
5.
The Tree being removed facilitates a Building Permit,
6.
The Tree being removed facilitates a Pool Permit, or
7.
The Tree being removed facilitates emergency work.
4.4 No Person shall cause or permit the Injury or Destruction of a
Heritage Tree, unless they receive approval to do so under the
requirements of the Ontario Heritage Act, 1990 and obtain a
Private Tree Permit.
5.0 Permit Process
5.1 The Town hereby delegates to the Director the authority to issue a
Private Tree Permit pursuant to this By-law, and to impose terms
and conditions in accordance with Good Arboriculture Practice.
Application Requirements
5.2 At the discretion of the Director, all complete applications for a
Private Tree Permit shall include:
a.
A complete signed application form as provided by the
Town;
b.
The prescribed fees as set out in the Fees & Charges
By-law;
c.
Written consent from the adjacent property owner(s) if
the tree to be removed is considered a Boundary Tree;
d.
Any other document relating to the application to the
satisfaction of the Director, including but not limited to:
i.
An Arborist Report and/or;
ii.
A Tree Protection Plan and/or;
iii.
A Replacement Tree Planting Plan for one or more
individual Trees
5.3 Every application shall be accompanied by a non-refundable
application processing fee (Administration Fee), as identified in the
Town's Fees and Charges By-law, in addition to a per tree
Review Fee for each tree identified in the application.
5.4 Notwithstanding Section 5.3 above, no Administration Fee will be
required where:
a.
a Private Tree Permit is issued to remove a tree that is
dead, hazardous, or requiring emergency work, as
determined by the Director;
b.
a Private Tree Permit is issued to remove a Tree that is
causing Property Damage; or
Page 5 of 8
c.
a Person is directed or ordered to remove a Tree
pursuant to any other Town by-laws enacted.
5.5 Notwithstanding Section 5.3 above, the Director may cap the
number of "per tree fees" collected at 20, in circumstances where
many trees are requested to be removed for agricultural or good
forestry management purposes on private land.
Review Criteria
5.6 Following the receipt of a complete application, the Director shall
consider the following criteria, in approving or refusing a Private
Tree Permit:
a.
Condition of the Tree (such as, but not limited to,
diameter, height, health as assessed by an Arborist,
and structural integrity);
b.
Location of the Tree;
c.
Species of the Tree;
d.
Crown coverage of the ground;
e.
The protection of ecological systems and their functions,
including the protection of native flora and fauna
f.
Erosion, sedimentation of watercourses and flood
control;
g.
Impacts on surrounding properties, including loss of
shade, vistas or privacy; and
h.
Any other criteria as identified in the Guidelines.
5.7 The Director may refuse to issue a Private Tree Permit where:
a.
The Tree is healthy, as determined by an Arborist;
b.
Environmentally sensitive areas, ecological systems,
natural landforms or contours will not be adequately
protected and preserved;
c.
Erosion or flood control will be negatively impacted;
d.
An application for rezoning, consent to sever, a minor
variance, a plan of subdivision or a site plan for the land
on which the Tree is located has been submitted to the
Town, but has not received final approval;
e.
Approval is inconsistent with an approved Site Plan
Agreement, Tree Protection Plan or an approved
Arborist Report; or
f.
Any other criteria as identified in the Guidelines.
5.8 The Director may issue a Private Tree Permit where;
a.
The Tree is in poor condition and cannot be maintained
in a healthy and/or safe condition, as outlined in an
Arborist Report or by a site inspection;
b.
The Tree is causing, or is likely to cause, structural or
physical damage to a load-bearing structure or roof;
c.
The Director is satisfied that the Destruction and Injury
of the Tree is consistent with Good Arboriculture
Practice;
d.
The Director is satisfied that the Tree is growing in an
inappropriate location and cannot be maintained on a
routine basis due to restrictive site conditions;
e.
The Destruction or Injury is required in order to facilitate
a building or pool permit;
f.
Destruction or Injury is required in order to remediate
contaminated soil;
g.
The Tree is to be relocated and the Director is satisfied
that the Tree will be sufficiently prepared for relocation;
or
h.
Destruction or Injury of a Tree is required subject to
plans approved by the Ontario Land Tribunal or Council.
Page 6 of 8
Conditions
5.9 The Director is authorized to impose conditions on a Private Tree
Permit. Types and examples of conditions are listed in the
Guidelines.
5.10 The Director has the authority to amend the conditions of the
Private Tree Permit at their discretion, as needed.
5.11 Every Person who has obtained a Private Tree Permit shall
ensure that all conditions are met.
Compensation
5.12 Where a Private Tree Permit requires the planting of a
replacement Tree, the Director shall provide the following to the
applicant, in writing;
a.
In the case of a permit to remove tree(s) for
Construction related purposes, confirmation of the
number of replacement Trees to be planted, as
determined by the applicant, using the Aggregate Inch
Method;
b.
Confirmation of the species, size and location of the
replacement Tree;
c.
The date by which any replacement Tree is to be
planted;
d.
The maintenance and care of any replacement Tree to
the satisfaction of the Director in accordance with the
approved Arborist Report and/or Tree Protection Plan;
e.
Where some or all of the replacement planting is not
physically possible on site, the Director may allow
planting at another suitable location or accept a cash-in-
lieu payment.
5.13 In the case of a permit for Tree(s) to be removed for non-
Construction related purposes, the Director shall:
a.
require the replanting of one tree for every tree that is
approved for removal; and
b.
accept a cash-in-lieu payment for the replacement Tree
at an amount set out in the Fees & Charges By-law, as
amended.
Permit Term and Revocation
5.14 The term of a Private Tree Permit shall be for a maximum of 1
year from the date of issuance, at the discretion of the Director.
5.15 A Private Tree Permit may be revoked by the Director if:
a.
It was issued on mistaken, misleading, false or incorrect
information;
b.
It was issued in error;
c.
The owner or applicant requests in writing that it be
revoked; or
d.
An owner fails to comply with any provision and/or
condition of the Private Tree Permit or this By-law.
5.16 When a Private Tree Permit is revoked, the owner and/or
applicant shall immediately cease all operations being conducted
under the authority of the revoked Private Tree Permit.
5.17 Persons convicted of an offense under this By-law are still
required to obtain a Private Tree Permit.
6.0 Power of Entry
Page 7 of 8
6.1 The Town's Arborist and Officers may, upon producing proper
identification, enter upon any Property, at any reasonable time
without a warrant for the purpose of inspecting the property to
determine:
a.
whether the Property confirms with the standards
prescribed in this by-law; or
b.
whether an Order made pursuant to this by-law has
been complied with.
7.0 Order to Comply
7.1 All Orders made pursuant to this by-law shall be served in
accordance with the Town's Administrative Monetary Penalty
System By-law 2019-62.
8.0 Appeals
8.1 When a permit is refused, an applicant may, within 14 calendar
days from the date of refusal, appeal to the Director.
8.2 The Director shall collect an appeal application fee, as set out in
the Fees and Charges By-law, as amended.
8.3 Any applicant who appeals a refused permit shall submit a written
request to the Director that the application be re-considered.
8.4 Where the Director has refused to issue a permit after an appeal
to re-consider, an applicant may, within 14 calendar days from the
date of refusal, appeal to the Town of Newmarket's Committee of
Appeals.
8.5 An applicant wishing to appeal a refused permit, after re-
consideration, shall submit a written request to the Director that the
application be considered by the Town of Newmarket's Committee
of Appeals.
8.6 The Director shall collect an appeal after re-consideration
application fee, as set out in the Fees and Charges By-law.
8.7 Where an applicant has filed an appeal, after re-consideration, the
Director shall prepare and forward a report on the application to the
next appropriate Town of Newmarket's Committee of Appeals
meeting, setting out the grounds for refusal of the application.
8.8 Upon consideration of the application, the Town of Newmarket's
Committee of Appeals may approve a permit, subject to conditions
as set out in this by-law, or to refuse the permit.
9.0 Offences
9.1 Any Person who contravenes any provision of this By-law is liable
to administrative penalties and administrative fees set out under
the Administrative Monetary Penalty System By-law 2019-62, as
amended.
9.2 Any Person who contravenes any provision of this By-law is guilty
of an offence and upon conviction is liable to a fine as provided by
the Provincial Offences Act, 1990, as amended.
Page 8 of 8
9.3 Any Person who contravenes any provision of this by-law or an
order issued pursuant to this By-law is guilty of an offence. In
accordance with Section 429(2)(a) of the Municipal Act, all
contraventions of this By-law or any Orders issued pursuant to this
By-law are designated as multiple offences and continuing
offences. A multiple offence is an offence in respect of two or more
acts or omissions each of which separately constitutes an offence
and is a contravention of the same provision of a by-law. For
greater clarity, when multiple conditions of a permit are
contravened, each condition is a new and separate offence. When
multiple trees are injured or destroyed, the injury or destruction of
each tree is a new and separate offence.
9.4 Where an Owner contravenes an Order issued pursuant to this by-
law, the Officer may, without notice to any Owner, cause the work
to correct the contravention to be done at each Owner's expense.
Without limitation, the Officer may retain such persons to assist in
completing the work as the Officer determines appropriate.
9.5 Upon completion of the work to correct the contravention by or on
behalf of the Town, the municipality shall have apply a lien on the
land for the amount spent on the work to correct the contravention,
plus administration fee, and the amount shall be deemed to be
municipal property taxes and may be added to the tax roll and
collected in the same manner and with the same priority as
municipal Property taxes as provided for by statute.
9.6 Each Owner is jointly and severally liable to the Town for all Costs
incurred in any way related to work done to correct the
contravention for the purpose of section 10.2 including, without
limitation, interest as per Town policy.
10.0 Severability
10.1 Where a court of competent jurisdiction declares any section of
this By-law to be invalid, or to be not in force, or without effect, it is
the intention of Council in enacting this By-law that the remainder
of this By-law shall continue in force, and applied, and enforced, in
accordance with its terms to the fullest extent possible according to
law.
Enacted this 7th day of February, 2022.
John Taylor, Mayor
Lisa Lyons, Town Clerk