Northumberland County, Ontario
· adopted 2015-06-17
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The Corporation of the County of Northumberland
By-Law No. 2015-27
Being a Bylaw to Promote Good Forestry Practices and the Maintenance of
Northumberland's Woodlands
(Rescinding By-law 54-09)
Whereas the Council of The Corporation of the County of Northumberland
recognizes the ecological and aesthetic value of trees and is desirous of
managing the injury and destruction of trees;
And Whereas pursuant to Section 135 of the Municipal Act 2001, S.O. 2001,
c.25 as amended, the Council of a County may pass by-laws restricting and
regulating the destruction or injuring of trees by cutting, burning or other means,
and may appoint officers to enforce such by-laws;
And Whereas administering minor relief applications by granting staff the ability to
evaluate and determine the approval of relief applications for areas less than or
equal to 4 hectares (10 acres) is preferred and requires the updating of the
Northumberland County Tree Conservation By-law No. 54-09.
Now Therefore the Council of the County of Northumberland Enacts
the following:
1. Definitions
In this By-law:
"Basal area" means the area of the cross-section of the stem of a tree taken at
a point of measurement 1.37 metres above the point on the tree where the
ground meets the stump;
"Basal area of woodlands" means the average of the sum of the basal areas of
the individual trees in a woodland which have a diameter greater than
10 centimetres at a point of measurement 1.37 metres above the point on the
tree where the ground meets the stump;
"Council" means the municipal council for the Corporation of the County
of Northumberland
"County" means the Corporation of the County of Northumberland
"Cut area" means that portion of the woodlands for which a permit
application has been filed by the owner or person acting on the owners behalf,
and in which trees have been destroyed or injured pursuant to the permit that has
been issued;
"Circumference" means the measurement of the outer boundary of the stem or
trunk of a tree, including the bark, taken at the highest possible point of
measurement;
"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 eco-systems, important fish and
wildlife habitat, soil and water quality and quantity, forest productivity
and health and the aesthetics' and recreational opportunities of the landscape;
"Multiple Offence" means an offence in respect to two or more acts or
omissions each of which separately constitutes an offence and is a contravention
of the same provision of this By-law;
"Officer" means a person designated by By-law by Council as an Officer for the
purposes of enforcing this By-law;
"Owner" means a person having any right, title, interest or equity in land or any
such person's authorized representative;
"Own Use" means any use by the Owner that does not include a sale, exchange
or other disposition of the trees to a person other than the Owner;
"Permit" means a permit to destroy or injure trees issued
under Section 5 of this By-law;
"Person" includes 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;
"Point of Measurement" means that point on the tree trunk measured
above the highest point on the tree where the ground meets the stump;
"Qualified Associate Member" means a person designated under the by-laws
of the Ontario Professional Foresters Association (OPFA) as an Associate
Member who holds an appropriate certificate of registration in the OPFA.
"Qualified Tree Marker" means:
1.
an individual who is a Certified Tree Marker in good
standing as designated by the Ontario Ministry of Natural
Resources Certified Tree Marker Training Program, or;
2.
a Registered Professional Forester qualified to do tree
marking or;
3.
a qualified Associate Member of the Ontario
Professional Foresters Association qualified to do tree
marking;
"Registered Professional Forester" as defined in the Professional Foresters
Act, 2000, S.O. 2000, c. 18 as amended;
"Silvicultural prescription" means a site-specific operational plan that
describes the existing forest conditions and the forest management objectives for
an area, and professional recommendations for harvesting and controlling the
establishment, composition, constitution, and growth of forests from seedlings
though to the desired endpoint of the forest stand in a manner that
accommodates other resource values as identified;
"Tree" means any species of woody perennial plant, including its root system,
which has reached or can reach a height of at least 4.5 metres at physiological
maturity;
"Woodlands" means a parcel of land having an area of not less than 1
hectare with at least:
1.
1,000 trees of any size per hectare;
2.
750 trees, measuring over 5 centimetres in diameter per
hectare;
3.
500 trees, measuring over 12 centimetres in diameter
per hectare; or
4.
250 trees, measuring over 20 centimetres in diameter
per hectare
but does not include a cultivated fruit or nut orchard or plantation
established for the purpose of producing Christmas trees.
2. Application
This By-law applies to woodlands greater than one (1) hectare in the County
of Northumberland.
3. Exemptions
1.
Despite section 2 of this By-law, this By-law does not apply to:
a) the destruction or injury of trees by the Owner of the woodlands
that has destroyed or injured trees for his or her own use, such
destruction or injury shall not reduce the number of trees below the
minimum level stated in the definition of a woodland pursuant to
Section 1 (20) herein;
b) trees which have been destroyed or injured in order to establish
roads, driveways and recreational trails;
c) activities or matters undertaken by a municipality or a local board of
a municipality;
d) the injuring or destruction of trees by a person licensed under
the Surveyors Act R.S.O. 1990 as amended to engage in the
practice of cadastral surveying, or his or her agent, while making a
survey;
e) 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 section 41, 51, or 53, respectively,
of the Planning Act R.S.O. 1990 as amended or as a requirement
of a site plan agreement or subdivision agreement entered into
under those sections;
f)
the injuring or destruction of trees imposed after December 31,
2002 as a condition to a development permit authorized by
regulation made under section
70.2 of the Planning
Act R.S.O. 1990 as amended or as a requirement of an agreement
entered into under the regulation;
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 as
amended, for the purpose of constructing and maintaining a
transmission system or a distribution system, as those terms are
defined in that section;
h) the injuring or destruction of trees undertaken on land described in
a license for a pit or quarry or a permit for a wayside pit or wayside
quarry issued under the Aggregate Resources Act R.S.O. 1990 as
amended;
i)
the injuring or destruction of trees undertaken on land in order to
lawfully establish and operate or enlarge any pit or quarry on land,
that has not been designated under the Aggregate Resources
Act R.S.O 1990 as amended or a predecessor of that Act; and on
which a pit or quarry is a permitted land use under a by-law passed
under section 34 of the Planning Act;
j)
the injuring or destruction of trees that is reasonably required in
order to install
and provide utilities to the construction or
use of a building or structure in respect of which a building permit
has been issued, including the installation of a primary septic bed;
2.
Provisions of this Bylaw shall not interfere with any rights or
powers conferred upon the County by the provisions of the Municipal
Act as amended.
4. General Prohibition
1. No person shall destroy or injure any tree or permit or cause any other
person to destroy or injure any tree in any woodland located in an area
described in Section 2 of this By-law unless:
a) the owner of the woodland upon which the tree is located has a
valid permit for the destruction or injury of trees issued pursuant to
the provisions of this By-law; or
b) exempted by Section 3 of this By-law; or
c) relief is granted to the owner pursuant to Section 6 of this By-law.
2. No person shall:
a) contravene or cause the contravention of the terms and conditions
of a permit issued this By-law;
b) fail to comply with an order issued under this By-law or remove or
deface any order that has been posted pursuant to this By-law.
3. No person shall destroy or injure any tree or permit or cause any other
person to destroy or injure any tree in any Woodland located in an area
described in Section 2 of this By-law;
a) that is located in a Provincially Significant Wetland designated as
such by the Ministry of Natural Resources;
b) which would have the effect of reducing the basal area in the cut
area of a Woodland below 15 square metres per hectare (65
square feet per acre):
c) that is located within 15 metres (50 feet) of the high water mark of
any river, lake or watercourse or within 15 metres (50 feet) of any
open and maintained public road;
d) that has not attained the minimum circumference at the point of
measurement specified for that species of tree as set out in Table 1
of this By-law.
(Table 1) - Minimum
Circumference - Selected
Species
Point of
Measurement
inches (cm)
Minimum Circumference inches
(cm)
Hard (Sugar) Maple, Soft
(Red) Maple, Yellow Birch,
Basswood, White Ash, Black
Cherry, American Beech,
White Oak, Bur Oak, Red
Oak, Black Oak, White Elm,
Butternut, Hemlock, Red
Pine, and White Pine.
18" (45.72
cm)
12" (30.48
cm)
8" (20.32
cm)
4" (10.16
cm)
57" (144.78 cm)
63" (160.02 cm)
69" (175.26 cm)
82" (208.28 cm)
Black Ash, Balsam Fir, White
Birch, White Cedar, Poplar,
Spruce
18" (45.72
cm)
12" (30.48
cm)
8" (20.32
cm)
4" (10.16
cm)
25" (63.50 cm)
31" (78.74 cm)
38" (96.52 cm)
50" (127.00 cm)
Section 4 (3) shall not apply to the destruction or injury of trees in
accordance with good forestry practices described in a silvicultural
prescription approved by a Registered Professional Forester or a Qualified
Associate Member, and tree marking, if required, carried out by
a Qualified Tree Marker.
5. Permits
1. Upon application by the owner, the County may issue a permit to allow
the destruction or injury of trees within a woodland described in Section 2
of this By-law provided that:
a) trees which are to be destroyed or injured are to be cut in
accordance with Section 4, (3), (a), (b), (c), and (d) of this By-law
or;
b) despite sections 4(3) and 4(4), the officer is satisfied that the
destruction or injuring of trees is consistent with good forestry
practices or;
c) trees which are to be destroyed or injured are cut in accordance
with good forestry practices and:
i.described in a silvicultural prescription approved by
a Registered
Professional Forester or a Qualified
Associate Member and;
ii.marking of trees, if required, is carried out by a Qualified
Tree Marker
and;
iii.a copy of the silvicultural prescription is submitted with
the application for a permit.
2. An application for a permit shall be deemed incomplete, and no permit
shall be issued if:
a) the application as outlined in Schedule "A" attached to and forming
part of this Bylaw has not been completed in full;
b) the owner of the woodlands has not signed the application;
c) the party who will be undertaking or responsible for the destruction
or injury of trees has not signed the application.
3. The County may impose conditions to a permit that may include:
a) Permits will be valid to a maximum of one-year from the date of
issue with an expiry date of March 31, provided that an officer may,
upon request of the owner, renew the permit for a further specified
period;
b) the owner or person actively engaged in destroying or injuring the
trees shall contact the County's officer within 24 hours of the
commencement of such permitted activity;
c) the owner or person actively engaged in destroying or injuring the
trees shall contact the County's officer within 24 hours of the
resumption of such permitted activity after any four week period of
inactivity;
d) other conditions related to the manner in which the destruction of
trees occurs.
6. Relief
1. Where an owner of a woodland that is located in an area described in
Section 2 of this By-law intends to destroy or injure any tree for the
purpose of preparing the woodland or part thereof for a use other than a
forestry use or forestry related use, the Owner may apply for relief of this
By-law.
2. Any owner of a woodland who intends to make an application pursuant to
Section 6 (1) of this Bylaw, shall complete a Relief Application as
contained in Schedule "B" attached to and forming part of this Bylaw and
provide the County's Officer with such documentation and information as
may be required to enable the decision. The documentation and
information shall include, but not be limited to:
a) a statement in writing sworn by the owner setting out the proposed
use and the portion of the woodland that will be affected by the
proposed use;
b) a sketch or plan showing the part of the woodland that forms the
subject matter of the application and which sketch shall show the
boundaries of the woodland, any natural features such as streams
or water courses, any buildings or structures, and such other
information as may assist in evaluating the application; and
c) a statement indicating the owner's estimate of the area of land that
will be cleared for the proposed use.
3. For a Relief Permit application for an area greater than 4 hectares
(10acres), the County's Officer shall provide to Council copies of all
information and documentation received from the owner pursuant to
Section 6(2) of this By-law and shall provide Council with a written report.
4. In the event that Council decides to grant relief from the provisions of this
By-law for a portion of a woodland, pursuant to an application under
Section 6 (1) of this Bylaw, Council may impose such conditions as, in its
opinion, are reasonable in the circumstances.
5. Without limiting the generality of Section 6 (3) of this Bylaw, Council may,
in addition to any other condition, require that security be posted by
the owner so as to ensure that any trees that are destroyed or injured by
the owner can be replaced should the owner not proceed with the
proposal within one year of Council
granting relief from this By
law.
6. For a Relief Permit application for an area equal to or lesser than 4
hectares (10acres), the County's Officer and staff shall review and
evaluate all information and documentation received from the owner
pursuant to Section 6(2) and may grant relief from this By-Law.
7. Orders
In the event the County's Officer is satisfied that a contravention of this By-law
has occurred, the County's Officer may issue a Stop Work Order as outlined in
Scheduled "C" attached to and forming part of this Bylaw requiring the person
who contravened the By-law or who caused or permitted the injuring or
destruction of trees in contravention of the By-law to stop the injuring or
destruction of trees and the Order shall set out:
1. the Municipal address or legal description of the land;
2. reasonable particulars of the contravention; and
3. the period within which there must be compliance with the Order.
8. By-Law Enforcement Officer
The Council for the Corporation of the County of Northumberland shall appoint by
By-law Officer (s) to enforce the provisions of this By-law pursuant to its
provisions and the provisions of the Act, and amendments thereto.
An Officer, or any person authorized by an Officer, may at all reasonable times
enter upon and inspect any land and Woodland for the purposes of enforcing this
By-law, determining compliance with this By-law, determining compliance with
terms and conditions of a Permit issued under this By-law, or laying charges
under this By-law.
9. Offence
1. Any person who contravenes any provision of this Bylaw or an Order
issued pursuant to Section 7 of this Bylaw is guilty of an offence and upon
That By-law 2015-27 be introduced and be deemed to be read a first, second and third
time, signed and sealed this 17" day of June, 2015.
including any Silvicultural treatment which may be necessary to re- establish
the trees.
Marc Coombs, Warden
In the event any Court of competent jurisdiction should adjudge that any section or sections
of this by-law may not be valid for any reason, such section or sections shall be deemed
to be severable from the remainder of the By-law and the remainder of the by-law
shall stand and be enforceable to the same extent as if the offending section or sections
had not been included therein.
County of Northumberland By-law No. 54-09 is repealed and in the event of any
conflict between the provisions of this and any other by-law, the provisions
of this by-law prevail.
Cathie Ritchie, Clerk
This By-law shall be known as the Northumberland County Forest Conservation
By-law.
This By-law shall come into force and take effect upon the final passing thereof.
Bylaw No. 2015-27 Schedule
A Page 1 of 2 Permit
Application
County of Northumberland 555 Courthouse Road
Cobourg, ON K9A 5J6
Fax: 905-372-1746
Forest Conservation By-law
(Please Print Clearly)
Property Owner:
Telephone:
Address:
Address for service:
Postal Code:
Person in charge of cutting (e.qg. Contractor - if different from property owner)
Name:
Telephone:
Address:
Address for service:
Postal Code:
Property Description:
Lot;
Concession:
Geographic Township.
Total Woodlands Size:
Cut area size:
Attach map or utilize this box to sketch property and location
Use well known landmarks, road names, etc. when explaining the property location.
Comments:
Expected Start Date:
Expected End Date:
Are the trees that are injured or destroyed to be sold, exchanged or disposed of to a person
other than the owner?
Specify in this Box Yes / No
Method of Harvest: (check one box only)
Good Forestry Practices (trees marked by Qualified Tree Marker in accordance with a prescription approved by a
member of the Ontario Professional Foresters Association attach prescription with this application form). Sectio
4 (4) of by-law applies. Name of tree marker Phone number.
Circumference Limits - as set out in Table 1 of By-law 2015-27 (Warning: Forests cut in
accordance with this system are not eligible for the Managed Forest Tax Incentive Progra
Section 4 (3) a,b,c,&d of by-law apply
| agree that the tree cutting operations will be conducted in accordance with the County of Northumberland Forest Conserv
By-law or any order issued under it and that | am familiar with the contents and requirements of that by-law
and acknowledge having received a copy thereof.
Signature of Contractor
Date
Signature of Property Owner
Date
All sections must be completed. Incomplete Permit applications will be not be approved.
Permits are not valid unless signed and dated by the by-law officer. Permits will be valid to a maximum of
one-year from the date of issue with an expiry date of March 31
This permit application is not a timber sale contract.
This Document is deemed to be a Public Document in accordance with the Freedom
of information and Protection of Privacy Act, R.S.0. 1990.
Bylaw No. 2015-27 Schedule
B Page 1 of 2 Relief
Application
County of Northumberland 555 Courtho
Road Cobourg, ON
K9A 5J6
Fax: 905-372-1746
Forest Conservation By-law
(Please Print Clearly)
| Property Owner:
Telephone:
Address:
Civic Address:
Postal Code:
Property Description:
Lot:
Concession:
Geographic Township:
Total Woodlands Size:
Explain purpose of application including description of end use after trees have been destroyed.
Continue on separate page if necessary.
PLEASE NOTE: that County Council may require additional information in order to process this application
Attach map or utilize this Box to Sketch property and location, and size of area to be cleared
Use well known land marks, road names, etc. when explaining the property location.
Expected Start Date:
Expected End Date:
Comments:
I agree that the tree cutting operations will be conducted in accordance with the County of Northumberland
Forest Conservation By-law, or any order issued under it and that | am familiar with the contents
and requirements of that by-law and acknowledge having received a copy thereof. In signing this Notice,
| am acting with the full authority and permission of the property owner on his/her behalf.
Signature of Property Owner
Date
This Document is deemed to be a Public Document in accordance with the Fre
of information and Protection of Privacy Act, R.S.0. 1990
Bylaw No. 2015-27 Schedule
C Page 1 of
1 Stop Work Order
County of Northumberland 555 Courthouse Road
Cobourg, ON KSA 5J6
Forest Conservation By-law
YOU ARE HEREBY DIRECTED AND ORDERED TO forthwith stop, halt, cease, and desist from any and all works ass
with the destruction and injuring of trees or removal thereof from those lands comprising:
Identified Owner / Individual Responsible For Destruction or Injury of Trees:
Name:
Telephone:
Address;
Address for service:
Postal Code:
Property Description:
Lot;
Concession:
Geographic Township.
Description of infraction:
Date of Inspection:
Effective Order Date:
To:
Signature of Officer:
Date:
Set Fine Schedule Corporation of the County of Northumberland
PART 1 Provincial Offences Act
By-law No. 2015-27, Being a Bylaw to Promote Good Forestry Practices and
the Maintenance of Northumberland's Woodlands
Part 1 - Set Fine Schedule 2
Item
Column 1: Short Form Wording
Column 2: Provision Creating/Defining Offence
Column 3: Set Fines
1.
Injure or destroy tree in designated area without permit Section 4(1)(a)
$500
2.
Contravene conditions of permit
Section 4(2)(a)
$500
3.
Failure to comply with an Order
Section 4(2)(b)
$800
4.
Injure or destroy tree in Provincially Significant WetlandSection 4(3)(a)
$500
5.
Injure or destroy tree in designated area resulting in reduction
of basal area below permitted threshold
Section 4(3)(b)
$250
6.
Injure or destroy tree in designated area within 15 metres
of high-water mark
Section 4(3)(c)
$350
7.
Injure or destroy tree in designated area within 15 metres
of public road
Section 4(3)(c)
$350
8.
Injure or destroy tree below minimum allowable circumference
in designated area
Section 4(3)(d)
$250
Note: the general penalty provision for the offences listed above is Section 9 of
Bylaw No. 2015-27, a certified copy of which has been filed, and the Provincial
Offences Act, R.S.0. 1990, c. P. 33.