Shade Tree By-law 1994-020

Owen Sound, Ontario · adopted 1994-02-07

This is the exact embedded text of the captured official document. Snapshot 1192e8f9d9a2 · verified 2026-08-29 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

BY-LAW NO. 1994-020 "A BY-LAW TO REGULATE AND CONTROL THE MANAGEMENT OF ALL EXISTING TREES BELONGING TO THE CORPORATION OF THE CITY OF OWEN SOUND" Originally Passed and Enacted February 7, 1994 Amended By By-law: Passed On: 1994-024 February 21, 1994 Consolidated Version Revised and Verified October 15, 2013 Consolidated for Convenience Only This is a consolidation copy of a City of Owen Sound By-law for convenience and information. While every effort is made to ensure the accuracies of these by-laws, they are not official versions or legal documents. The original by-laws should be consulted for all interpretations and applications on this subject. For more information or original signed copies of by-laws please contact the City Clerk's Department. BY-LAW NO. 1994 - 020 A BY-LAW TO REGULATE AND CONTROL THE MANAGEMENT OF ALL EXISTING TREES BELONGING TO THE CORPORATION OF THE CITY OF OWEN SOUND THE CORPORATION OF THE CITY OF OWEN SOUND WHEREAS City Council deems it desirable to better manage the urban forest by regulating the planting, maintenance and removal of trees in the City of Owen Sound on municipal property and to ensure the long term sustainability of the urban forest. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF OWEN SOUND HEREBY ENACTS AS FOLLOWS: 1.0 For the purpose of this By-law: DEFINITIONS 1.1 City shall mean The Corporation of the City of Owen Sound. 1.2 Trees means any species of woody plant which has reached or can reach an average height of at least 5 metres (15 feet) at physiological maturity. 1.3 Circumference means the circumference of the stem of a tree measured outside the bark when measured at 1.4 metres (4.5 feet) above grade. 1.4 Diameter means the diameter of the stem of a tree measured outside the bark when measured at 1.4 metres (4.5 feet) above grade. 1.5 D.B.H. means diameter of the tree at breast height. 1.6 Individual tree basal area shall mean the area of the cross-section of the stem taken at a point of measurement of 1.4 metres (4.5 feet) of a standing tree. 1.7 Municipal Arborist shall mean the Parks Manager or his/her designate. 1.8 Point of measurement means that point on the tree trunk measured above the highest point of the ground in an undisturbed state at the base of the tree. 1.9 Recognized forestry expert means such person as defined by the Ministry of Natural Resources. 1.10 Tree Lawn (Boulevard) is the untravelled portion of the road allowance excluding sidewalks and curbs where trees "could" be planted. 2.0 A committee through the Parks and Recreation Department shall be established, hereafter called the "Shade Tree Committee". The Shade Tree Committee composed of staff representatives ie. one Planning, one Works/Engineering, and one Parks and Recreation and a representative from the P.U.C. SHADE TREE COMMITTEE 2.1 The Shade Tree Committee shall: 2.1.1 Recommend the type and kind of trees to be planted upon such Municipal streets, or parts of streets, over Municipal property, Municipal easements, Municipal paths and Municipal walkways, Municipal parks and Municipal open spaces. 2.1.2 Assist the staff of the City of Owen Sound as well as the Council and citizens of the City of Owen Sound in the dissemination of news and information regarding the selection, planting, maintenance and removal of trees within the Corporate limits and to make recommendations from time to time to City Council as to desirable legislation concerning the tree programme and urban forest management activities for the Municipality. 3 BY-LAW NO. 1994-020 2.1.3 Provide regular and, if required, special meetings at which the subject of trees, insofar as it relates to the City, may be discussed by the members of the committee, officers and personnel of the City and its agencies and all others interested in the tree programme. 3.0 No person shall plant, spray, fertilize, prune, remove, cut above ground, disturb the root system or otherwise disturb any tree on any street or any property owned or leased by the municipality without first filing an application and procuring a permit in accordance with Schedule "B" of the Operating Policy which policy is attached herewith and is marked as Schedule "A" to By-law No. 1994-020 from the Municipal Arborist or his/her designate. The person receiving the permit shall abide by the Arboricultural Specifications and Standards of Practice adopted by the City of Owen Sound. PERMITS REQUIRED 3.1 Application for a permit must be made at the Parks and Recreation Department not less than three (3) business days in advance of the time the work is to be done. 3.2 The Municipal Arborist shall issue the permit provided for herein if, in his/her judgement, the proposed work is desirable and the proposed method and workmanship are of a satisfactory nature. Any permit granted shall provide for a definite date of expiration and the work shall be completed in the time allowed on the permit and in the manner as therein described. Any permit shall be void if its terms are violated in the sole opinion of the Municipal Arborist. 3.3 Requirement for Tree Work Permit will be communicated with application for construction and/or building authorization on City lands. 3.4 Notice of completion shall be given, by the applicant, within five (5) business days to the Municipal Arborist for his/her inspection. 3.5 Parks Manager or designate shall be responsible for inspection. 4.0 The application for a permit required herein shall state the number of trees to be set out, the location, grade, size, species, cultivar or variety of each tree, the method of planting, and such other information as the Municipal Arborist shall find reasonably necessary to a fair determination of whether a permit should be issued. APPLICATION DATA - PLANTING 4.1 Whenever any tree is planted in conflict with the provisions of this section, the Municipal Arborist shall have the authority to remove or cause removal of the same and the exact cost thereof shall be assessed to the applicant. APPLICATION DATA - MAINTENANCE 5.0 The application for a permit required herein shall state the number and kinds of trees to be sprayed, fertilized, pruned or otherwise preserved, the kind of treatment to be administered, the composition of the spray material to be applied, and such other information as the Municipal Arborist shall find reasonably necessary to a fair determination of whether a permit should be issued. 6.0 Wherever it is necessary to remove a tree or trees from a treelawn (boulevard or planting strip) in connection with the paving of a sidewalk or the paving or widening of the street, avenue or highway used for vehicular traffic, the City shall replant such trees or replace them, if required and if possible, in remaining space. If conditions prevent planting on the boulevard treelawn, this requirement will be satisfied by planting an equivalent number of trees of the same size and species as removed. These trees are to be planted in an attractive manner on the adjoining property, subject to the property owners written consent. In the latter situation, once planted, the City is not liable for the care, maintenance, upkeep or any liability subsequently incurred. REMOVAL, REPLANTING AND REPLACEMENT 4 BY-LAW NO. 1994-020 6.1 No person or property owner shall remove a tree from a boulevard treelawn for the purpose of construction, or for any other reason, without first filing an application and obtaining a permit from the Municipal Arborist and without replacing the tree or trees in accordance with the adopted Standards of Practice (reference operating policy 1.0-9.0). Such replacement trees shall meet the standards of size, species and placement as provided for in a permit authorized by the Municipal Arborist. 6.2 The applicant or property owner shall bear the cost of removal and replacement of all trees affected. 7.0 The Public Utilities Commission's overhead electrical plant on private or public property must not be attended to by unauthorized or non-qualified personnel. If tree pruning, required by the City, affects electrical overhead plant, it remains the City's discretion to direct pruning but all pruning will be by or under the direction of the Public Utilities Commission. PRUNING OF TREES ON PRIVATE PROPERTY 7.1 The minimum clearance of any overhanging portion of a tree shall be two point five (2.5) metres over sidewalks and three point five (3.5) metres over all streets except truck thoroughfares which shall have a clearance of four (4)metres. 8.0 No person shall deposit, place, store, stockpile or maintain upon any Municipal property any stone, brick, sand, fill, soil, concrete, equipment or other materials which may impede the free passage of air, water or nutrients to the roots of any tree growing therein, except by written authorization from the Municipal Arborist. PROTECTION OF TREES 8.1 All trees on any street, avenue or highway or other City owned property near any excavation or construction of any building, structure or street repair or construction shall be guarded with a good substantial fence, not less than one point two metres (1.2 m) high and located at a distance in metres from the tree trunk equal to the diameter of the truck in centimetres D.B.H. or at a distance as specified by the Municipal Arborist and all building materials, construction supplies, equipment, aggregates, soil or other debris shall be kept outside the barrier. 8.2 No person shall excavate any ditches, tunnels, trenches or holes or construct any lane or driveway within the drip line of any public tree upon such Municipal streets, or parts of streets, over Municipal property, easements on Municipal property, Municipal paths and Municipal walkways, Municipal parks and Municipal open spaces without first obtaining written authorization from the Municipal Arborist. 8.3 Unless specifically authorized by the Municipal Arborist, no person shall intentionally damage, cut, carve, transplant or remove any tree, attach any rope, wire, cable, nails, advertising posters, signs or other contrivance to any tree, allow any gaseous liquid or solid substance which may be harmful to such trees to come into contact with them, or set fire or permit any fire to burn when such fire or the heat generated thereof will injure any portion of any tree. 9.0 The Operating Policy attached hereto shall hereby be deemed to constitute a part of the By-law. ARBORICULTURAL SPECIFICATIONS AND STANDARDS OF PRACTICE 5 BY-LAW NO. 1994-020 10.0 Notwithstanding any other provisions of this By-law, save and except in an emergency situation, the following persons may, at their sole discretion, remove, prune, cut above ground, disturb the root system or otherwise disturb trees that are interfering with public service or are causing an immediate threat to personal safety in order to restore that service: PUC General Manager, City Engineer, Parks Manager, Works Superintendent, Bell Canada and/or Union Gas representatives. EXEMPTIONS 11.0 Any person who contravenes any of the provisions of this bylaw is guilty of an offence and upon conviction is liable to a fine as provided for in the Provincial Offences Act. PENALTY FOR VIOLATION 12.0 The short title of this By-law shall be cited as the City of Owen Sound Shade Tree By-law. SHORT TITLE 13.0 By-law No. 102 and By-law No. 748 of The Corporation of the City of Owen Sound are hereby repealed. BY-LAWS REPEALED 14.0 The provisions of this by-law shall apply to Municipal streets, or parts of streets, easements over Municipal property, Municipal paths and Municipal walkways, Municipal parks and Municipal open spaces. SCOPE OF BY-LAW 15.0 This By-law shall come into full force and effect upon the final passing thereof. PASSED this 7th day of February, 1994. 1st reading February 7, 1994 2nd reading February 7, 1994 3rd reading February 7, 1994 _____Signature on File Mayor _____ Clerk _____Signature on File_____ OPERATING POLICY 1.1 All work on public trees shall comply with the Shade Tree By-Law (By-law No. 1994-020) of The Corporation of the City of Owen Sound. GENERAL 1.2 The Arboricultural Specifications and Standards of Practice shall be adhered to at all times, but may be amended at any time that experience, new research or laws indicate improved methods, or whenever circumstances make it advisable, with the approval of the Shade Tree Committee, Parks and Recreation Advisory Committee and Council. 1.3 The policy of the Parks and Recreation Department shall be one of cooperation with the public, property owners, other municipal departments and agencies and non-profit organizations, at all times. 1.4 Trees shall not be removed from open spaces unless they constitute a hazard to customary service, personal safety or property, become a nuisance, are diseased or if necessitated by a revision of planting plans. 1.5 The Municipal Arborist shall prepare lists of trees acceptable for planting in public spaces of the City. 1.6 Only these, long lived trees of good appearance, hardiness, adaptability, and general freedom from disease or injurious insects shall be planted in public spaces. 1.7 Undesirable trees shall not be recommended for general planting and their use, if any, shall be restricted to special location where, because of certain characteristics of adaptability or landscape effect, they can be used to advantage. 1.8 The Shade Tree Committee, in conjunction with the Municipal Arborist, shall review at least once every two (2) years, the species, cultivars and varieties included on the approved list to determine if any should be removed, for any reason or if certain new species, cultivars or varieties of proven dependability and aesthetic value should be added. 1.9 Where street blocks have been assigned particular species or varieties on the Master Street Tree Plan, only these shall be planted, subject to revision by the Municipal Arborist, and approved by the Shade Tree Committee, Parks and Recreation Advisory Committee and Council. 1.10 When otherwise specified by the Municipal Arborist, all deciduous tree species and their cultivars and varieties, shall conform to C.N.T.A. (Canadian Nursery Trades Association) standards and be at least four centimetres (4 cm.) in diameter measured from 15 centimetres (15 cm.) above the ground level and at least two to three metres (2-3 m.) in height as a minimum size in height when planted. 2.1 Unless otherwise allowed for specific reasons, all trees shall have comparatively straight trunks, well developed leaders and branches, a well developed root system characteristic of the species, cultivar or variety and show evidence of proper nursery pruning. All trees must be free of insects, diseases and mechanical injury and other objectionable features at the time of planting. PLANTING 7 BY-LAW NO. 1994-020 3.1 Based on a forty (40) year cycle, no tree which will attain a trunk diameter greater than thirty to thirty five centimetres (30-35 cm.) shall be planted in a boulevard treelawn less than one to one and a half metres (1 - 1/2 m.) in width. In treelawns less than one metre (1 m.) in width, or where overhead utility lines or building setbacks present special problems, the selection of site and species shall be determined by the Municipal Arborist. LOCATION AND SPACING 3.2 Trees shall be planted at least ten metres (10 m.) from street intersections and at least three metres (3 m.) from driveways and lanes. 3.3 No tree shall be planted closer than three metres(3 m.) to a utility pole, or where possible or practical, underground electrical facilities, watermains, water services, hydrants or valves. 3.4 Spacing of trees should be determined by the Municipal Arborist according to local conditions, species, cultivar, or varieties used, their mature height, spread and form. Generally, all large trees shall be planted thirteen to twenty metres (13 - 20 m.) on centre, all medium sized trees shall be planted a minimum of twelve metres (12 m.) on centre, and all small trees shall be planted a minimum of eight metres (8 m.) on centre. 3.5 All planting of trees on unpaved or non-curbed or sidewalk streets shall have their locations determined by the Municipal Arborist, in consultation with the City Engineer, PUC and Owen Sound Works Superintendent to prevent damage to the trees when the street construction is completed. 4.1 Most small deciduous trees may be moved bareroot, unless otherwise indicated. Roots of bareroot trees shall be protected from heat, frost and drying by methods of current standard practice. METHODS 4.2 All coniferous trees shall be moved balled and burlapped (B&B). Balled roots shall be protected from drying, heat and frost by methods of current standard practice. 4.3 Pits dug for planting of bareroot plants shall be a minimum of thirty centimetres (30 cm.) larger in diameter than the diameter of the root system to accommodate the roots without crowding. 4.4 Pits dug for planting of balled and burlapped trees shall be a minimum of thirty centimetres (30 cm.) larger than the root ball to allow for proper backfilling of the tree. 4.5 Trees shall be planted no deeper than they were originally grown with due allowance for settling. 4.6 Where poorly drained soil is encountered, provision for drainage shall be made and/or tolerant species selected. 4.7 Top soil, free of foreign objects, chemicals, weeds or like material, or amended soil mixtures, being free of foreign objects, chemicals, weeds, sod, etc., shall be used for backfill. Backfill shall be properly tamped to remove air pockets. When the planting is completed, the entire root area shall be saturated with water. 8 BY-LAW NO. 1994-020 4.8 Excessive pruning at the time of planting should be avoided. The extent of top pruning should be based on the ability of the plants roots to function. 4.9 All trees shall be suitably wrapped and guyed or supported in an upright position according to accepted arboricultural practices. All guys and supports shall be fastened in a manner so they will not girdle or abrade the tree or endanger public safety. All support systems shall be removed once the tree is established. 5.1 Generally, newly planted trees require special attention to maintenance during the first one or two years following planting. All such maintenance practices shall follow approved arboricultural practices and standards EARLY MAINTENANCE 5.2 WATERING 5.2.1 Ample soil moisture shall be maintained following planting. Thorough watering each five to day (5 - 10) days depending on soil type and drainage provisions is usually adequate, with local rainfall taken into consideration. 5.3 FERTILIZING 5.3.1 No fertilizer is to be used during the first two (2) growing seasons. Provision for good drainage and adequate soil moisture are more important than fertilizer immediately following planting. 5.4 INSECTS AND DISEASE CONTROL 5.4.1 Measures for the control of insects and diseases shall be taken as shown necessary by frequent and thorough inspections. Plants in a weakened condition following transplanting are often more susceptible to insect infestation and disease, which is not the case when trees are growing vigorously. Where it is necessary to spray, all pesticides shall be of the type recommended for the specific problem and shall be applied by a competent person licensed by the Ministry of Environment (M.O.E.) for such work. 5.5 PRUNING 5.5.1 Pruning practices following transplanting shall consist of the removal of dead, broken or injured branches; the suppression of rank, uneven growth; the removal of water sprouts. 5.5.2 Pruning in subsequent years shall aim to develop a strong framework free of weak crotches and poor form. 5.5.3 Tree crowns should be raised as growth characteristics and location of planting dictates. Generally, trees should have their lower branches removed to a height of two and a half metres (2.5 m.), unless in areas where lower limbs do not impede traffic or where such pruning would drastically alter the normal habit of the tree. 6.1 PRUNING AND REMOVALS GENERAL TREE MAINTENANCE 9 BY-LAW NO. 1994-020 6.1.1 No topping of trees shall be permitted except by written permit from the Municipal Arborist. Proper cabling and bracing shall be practised wherever possible. 6.1.2 All large established trees shall be pruned to allow free passage of pedestrians and vehicles, i.e. two and a half metres (2.5 m.) over sidewalks, three and a half metres (3.5 m.) over all streets except where designated truck routes shall have a minimum of four metres (4.0 m.) of clearance. 6.2.3 It shall be the policy of the Parks and Recreation Department (Municipal Arborist) to work in cooperation with the Public Utilities Commission, the City of Owen Sound Engineer, Department of the City of Owen Sound Works, as applicable, in the placement of overhead utilities and the development of an effective system of line clearance tree pruning to give safe transmission corridors for electric power and street illumination, taking into consideration the value of any tree so involved and so come to a mutual decision. 6.2.4 Regular scheduled maintenance and/or planned construction by the Public Utilities Commission, the City Engineering Department and/or the City Works Department shall be covered by a blanket permit after consultation with the Municipal Arborist and the appropriate representative from the P.U.C., Engineering Department and/or Works Department as applicable. 6.2.5 All pruning cuts shall be made at a node or crotch and as near as possible the cuts will be made a branch collar. No stubs shall be left and every effort shall be made to minimize the size and number of wounds. 6.2.6 No spurs or climbing irons shall be used on any tree unless the tree is to be removed. 6.2.7 All dead, crossed or rubbing branches shall be removed. 6.2.8 The stumps of all removed trees shall be cut at least eight centimetres (8 cm.) below grade and filled with topsoil. 6.3 SPRAYING 6.3.1 Current Ministry of the Environment (M.O.E.) specifications for warning the public of spray operations shall be adhered to at all times. 6.3.2 Spraying shall be done only for the control of specific diseases or pests, with the proper materials and equipment applied at the proper time to obtain the desired control. All spray operations shall conform to M.O.E. regulations and the operator shall be licensed by M.O.E. as a land class 1 and 3 exterminator. 6.4 FERTILIZATION 6.4.1 Fertilization of public trees shall follow accepted arboricultural standards and formulations, rates and application methods shall be developed by the Municipal Arborist. 6.5 CAVITIES 6.5.1 Extensive cavity work should be performed on trees only if they are sufficiently high in value to justify costs. All cavity work shall conform to accepted arboricultural standards. 10 BY-LAW NO. 1994-020 6.6 CABLING AND BRACING 6.6.1 As a general rule, cables should be placed approximately two thirds (2/3) of the distance between the crotch and top branch ends. Rust resistant cables,thimbles and lags shall be used. The end of a cable shall be attached to hooks or eyes of lags or bolts, and thimbles must be used on the eye splice in each end of the cable. In no case shall a cable be fastened around a branch. All cabling and screw rod bracing shall follow accepted arboricultural standards. 7.1 In the event of an emergency situation that interferes with customary service and/or is a threat to personal safety, the required work may be carried out without permit in order to restore service as soon as possible and/or create a safe environment. Such work will be reported to the Municipal Arborist at the earliest practical opportunity to maintain record keeping. EMERGENCY MAINTENANCE 8.1 The Municipal Arborist shall have the authority to modify, amend or extend, with the approval of the Shade Tree Committee, Parks and Recreation Advisory Committee and Council, the Arboricultural Specifications and Standards of Practice at any time that experience indicates improved methods or whenever circumstances make it advisable. AMENDMENTS 9.1 The following schedules are attached hereto and form part of this policy: SCHEDULES TO FORM PART OF POLICY a) Schedule "A" - TREE INVENTORY b) Schedule "B" - SCHEDULE OF WORK - TREE AUTHORIZATION c) Schedule "C" - JOB DESCRIPTION FOR MUNICIPAL ARBORIST 10.1 The following departments shall be notified of changes to the Shade Tree By-law and Policy: NOTIFICATION OF CHANGES TO POLICY CITY CLERK CITY ENGINEER TRANSIT AND TRAFFIC CO-ORDINATOR PUBLIC UTILITIES COMMISSION (Electric and Water Departments) PLANNING DIRECTOR DOWNTOWN IMPROVEMENT AREA BOARD OF MANAGEMENT WORKS SUPERINTENDENT BELL CANADA UNION GAS MACLEAN HUNTER CABLE TELEVISION 11 BY-LAW NO. 1994-020 SCHEDULE "A" TO THE SHADE TREE BY-LAW 1994-020 POLICY TREE INVENTORY Date: Compiled by: day/month/year Address: Species: D.B.H.________cm. Height_________metres estimated tree age:_________years General Tree Condition: GOOD FAIR POOR DYING DEAD (Circle closest applicable) Considered hazardous: yes____ no____ Comment on hazard: identify target Comments on Planting site: tree damage DAMAGE CONDITION storm damage MAINTENANCE REQUIRED improper pruning cuts mower scuff auto impact construction string trimmer vandalism fire/lightening root disturbance injury underground utility girdling roots compacted soil root rot pest injury insects disease decay/cavity die back birds rodents environmental injury road salt mineral deficient leaf scorch herbicide damage drought shaping thin crown remove deadwood remove suckers utility line clearance clear for vision storm damage repair girdling roots tree removal stump removal cabling/bracing staking/guying fertilize irrigate pest management wound repair cavity filling replant other - specify other - specify 12 BY-LAW NO. 1994-020 13 BY-LAW NO. 1994-020 SCHEDULE "C" TO THE SHADE TREE BY-LAW 1994-020 POLICY JOB DESCRIPTION FOR MUNICIPAL ARBORIST The duties of the Municipal Arborist shall become the responsibility of the Parks Manager under the direction of the Director of Parks & Recreation. Qualifications for the said position shall include training and skills in the arts and sciences of municipal arboriculture, a college degree or its equivalent in arboriculture, ornamental or landscape horticulture, urban forestry or other closely related field and a minimum of three (3) years experience in municipal shade tree work. DUTIES The Municipal Arborist shall have the authority to promulgate the rules and regulations of the Arboricultural Specifications and Standards of Practice as attached hereto as Schedule (B) governing the planting, maintenance, removal, fertilization, pruning and cabling/bracing of trees on the streets or other said public spaces in the City and shall direct, regulate and control the planting, maintenance and removal of all trees growing now or hereafter in any Public Open Spaces of the City of Owen Sound. He/she shall cause the provisions of the Shade Tree By-law to be enforced. In his/her absence these duties shall be the responsibility of a qualified alternate designated by the Parks Manager or the Director of Parks and Recreation. AUTHORITY The Municipal Arborist shall have the responsibility and jurisdiction of regulating the planting, maintenance and removal of trees on streets or other said City property to ensure the safety or preserve the aesthetics of such City open spaces and/or sites. The Municipal Arborist shall have the responsibility and it shall be his/her duty to supervise or inspect all work done under an authorization issued in accordance with the provisions of this By-law and attached hereto as Schedule "B". The Municipal Arborist shall have the authority to affect reasonable conditions to the granting of authorization in accordance with the provisions of the Shade Tree Bylaw. The Municipal Arborist shall have the authority to formulate a Master Street Tree Plan with the advice and approval of the said Shade Tree Committee, the Parks and Recreation Advisory Committee and City Council. The Master Street Tree Plan shall specify the species of tree to be planted on each of the streets or other said City open spaces in the municipality. From and after the effective date of the Master Street Tree Plan or any amendment thereof, all tree planting shall conform thereto. The Municipal Arborist shall consider all existing and future utility and environmental factors when recommending a specific species for each of the streets or other said city-owned open spaces of the municipality. The Municipal Arborist with the approval of the Shade Tree Committee, Parks and Recreation Advisory Committee and City Council shall have the responsibility to amend or add to the Master Street Tree Plan at any time that circumstances make it advisable.