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The Corporation of the City of Pembroke
By-law Number 89-71
Being a By-law for the establishment of regulation for trees within the
municipality
The City of Pembroke recognizes that its trees are virtually important to the
social and economic wellbeing of the community and its people. Trees create
an aesthetically pleasing environment and increase property values, while
instilling a sense of community stability and history. All these factors are
desired characteristics for a good place to live and invest. The Council through
its direction of city employees is responsible for the planting, maintenance and
removal of trees located on City streets and other municipally-owned lands.
The Council will preserve existing and established new trees on all suitable City
property and encourage the same type of management on privately and
institutionally owned lands. These activities will be directed towards an ultimate
goal of providing a permanent canopy of healthy trees throughout the City.
This bylaw regulates the planting, maintenance, protection, preservation, and
removal of trees on and adjacent to public streets, parks and other public land
within the municipality; recognizes the Works Department as the agency for
implementing and enforcing its provisions; provides for the elimination of public
nuisances; provides for the giving of consent for work which may affect public
trees; and prescribes penalties for violations of provisions.
Bylaw
Whereas Section 313 of the Municipal Act, R.S.O. 1980, authorizes the Council
of a municipality to pass bylaws regulating trees within the municipality;
And Whereas, the municipal Council of the Corporation of the City of Pembroke
enacts as follows;
Now Therefore the Municipal Council of the Corporation of the City of
Pembroke enacts as follows:
1.
Title:
This bylaw may be cited as "The Tree Bylaw".
2.
Interpretation:
Arborist - a person assigned by Council to implement and enforce the
provisions of this bylaw, or his delegate.
Department - The Works Department designated by Council to have
primary jurisdiction over public trees.
Maintenance of Trees - includes replanting, pruning, cabling, spraying,
irrigation, fertilization, repairs and treatment of wounds.
Private Land - Any land other than public land.
Public Land - Any park, street, highway, and any other land owned,
leased or otherwise vested in or controlled by the municipality.
Public Tree - A tree or any part of the trunk of which is on public land.
Specifications - The arboricultural specifications, guidelines, and
standards of practice adopted by the municipality.
Tree - Any woody plant of a species which at maturity is usually over five
(5) metres in height, having one or more self-supporting trunks and
including the roots, branches, trunk, crown or any part thereof.
By-law 89-71
Page 2 of 8
Tree Program - A program designed to enhance the appearance of the
municipality and further the welfare of the residents by the planting,
maintenance, protection and preservation of public trees, including the
establishment and implementation of the master tree plan and the
specifications.
Utility - Includes the facilities for energy, communications and
transportation, the provision of those facilities, and the persons
responsible for their provision and maintenance, whether the facilities are
publicly or privately owned.
Work - Includes the installation and maintenance of utilities, the paving or
repairing of roads, sidewalks, or boulevards, the construction, demolition
or replacement of any structure, excavation, landscaping activities, snow
removal, and grounds maintenance.
3.
Recognition of the Works Department:
The Works Department is designated by Council to have primary
jurisdiction over public trees.
4.
Authority and Duties of the Council
a.
Tree Program
The Council shall carry out a program designed to enhance the
appearance of the municipality and further the welfare of the
residents by the planting, maintenance, protection and
preservation of public trees, including the establishment and
implementation of the master tree plan and the specifications,
known as the Tree Program.
b.
Assistance to private owners in the public interest
The Council may give technical assistance to landowners to
encourage the planting, preservation, maintenance or removal of
trees, the prevention or treatment of disease, or correction of a
condition in relation to trees on public or private land that
constitutes a public nuisance, and to discourage the destruction,
mistreatment or neglect of trees, on private land.
c.
Required tree planting on private lands
The Council may stipulate as a condition for the issuing of building
permits, subdivision agreements or other agreements involving the
construction of new buildings that trees be planted on private
property.
d.
Special agreements
The Council may in the public interest, and for carrying out any
order by the municipality at the request of the person responsible
for carrying out the order, enter into agreements with the owners of
public or private land for the planning, maintenance, protection,
preservation, and removal of trees on public land or on private
land within two point five (2.5) metres of any public land, and any
such agreement may be made subject to such terms and
conditions as the Council considers proper.
e.
Tree plan or specifications amendments
The Council on the advice of the arboriculture technician may
amend the tree plan or specifications at any time that the
circumstances make it advisable.
5.
Arbor Day
The Council may establish an annual Arbor Day.
6.
Arborist
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Page 3 of 8
The arborist shall assist the department in the implementation and
enforcement of the provisions of this bylaw.
7.
Powers and Duties of the Arborist
a.
Bylaw implantation
The arborist shall assist the department in the implementation and
enforcement of the provisions of this bylaw.
b.
Tree Program
The arborist shall recommend changes to the tree program to the
Council for its approval, and shall be responsible for implanting it,
having regard to the needs of the residents of the municipality for
safety, the preservation of aesthetic values, noise and pollution
control, recreation, and protection of wildlife, water and soil.
c.
Master Tree Plan
The arborist shall prepare and submit to the council for its approval
a master tree plan specifying the species of trees to be planted on
each of the streets and other public land in the municipality.
d.
Consultations
The arborist shall prepare and submit to the council for its approval
a master tree plan specifying the species of trees to be planted on
each of the streets and other public land in the municipality.
e.
Specifications
The arborist shall recommend changes to the specifications an
submit them to the Council for its approval.
f.
Suitability of trees
(i)
The arborist shall consider existing and future structures,
utilities, and environmental factors when recommending a
species for any public land, and when carrying out his
duties pursuant to this bylaw, and may designate trees as
unsuitable on the basis of these considerations.
(ii)
Where a native species is as suitable as or more suitable
than an exotic one, preference should be given to the native
species.
g.
Consent of the arborist
Where the consent of the arborist is required, it may be given
orally or by written permit.
h.
Outstanding or historic trees
The arborist may designate public tees as outstanding tees on the
basis of species, age, or historic importance. The arborist may
identify such trees by a plaque or other suitable method and shall
make every effort to provide them with care and protection.
i.
Value of trees
The arborist shall determine the value of any tree according to the
current shade tree evaluation procedure of the Ontario Shade
Tree Council.
j.
Planting of trees on private property by the municipality
The arborist shall supervise the carrying out of any agreement
made pursuant to Section 4 (b).
k.
Cooperation with other municipal departments
(i)
the arborist may comment on, prior to final approval, all
permits, plans and programs for sewer, lighting, water
supply and other utilities, paving, subdivision of land, and
By-law 89-71
Page 4 of 8
any other permits, plans or programs that may result in
injury to trees.
(ii)
The arborist and the officers and employees of other
municipal department, boards and agencies, including the
authorities responsible for public works, planning, roads and
transportation, street lighting and parks, and the police
department and fire department, shall cooperate in planning
for the present and future amenities of the municipality
when the activities of such authorities may affect public
trees.
l.
Performance contracts
For the purpose of this bylaw, the arborist may, where his consent
is required, order any person to furnish a bond, cash deposit, or
other security in an amount which in his opinion is sufficient to
cover any injury to trees that may result from that person's
activities.
m.
Reporting violations
The arborist may inspect any construction, demolition, excavation,
or grading site for which there is any term or condition in a
subdivision agreement or building permit relating to trees. The
arborist shall report violations of the agreement or permit to the
Chief Building Official.
8.
Duties of the department
The Department with the assistance of the arborist shall supervise,
implement and enforce the provisions of this bylaw, and shall formulate,
follow and enforce the specifications and shall implement the tree
program in accordance with the specifications.
9.
Prohibited activities
The following are hereby declared to be activities which in the opinion of
Council are objectionable or may injure any public tree, and are hereby
prohibited, and no person, without first obtaining the consent of the
arborist, shall cause or permit such activities:
a.
removing, spraying, fertilizing, pruning, disturbing, cutting above or
below ground, or altering in any other way, any public tree;
b.
depositing, placing, storing or maintaining on public or private land
any stone, brick, sand, concrete, soil or other materials or
equipment which may impede the free passage of water, air or
nutrients to the roots of any public tree;
c.
marking, breaking, removing bark from or in any other way
defacing any public tree;
d.
fastening any sign, bill, notice, wire, rope, nail or other object to or
around or through any public tree in any manner;
e.
fastening any sign, bill, notice, wire, rope, nail or other object to or
around or through the stakes, posts, guards, barriers or wires
which support or protect any public tree;
f.
causing or permitting any gaseous, liquid or solid substance which
is harmful or toxic to public trees to come in contact with them;
g.
causing or permitting the heat from any fire or other source of heat
to come in contact with a public tree;
By-law 89-71
Page 5 of 8
h.
raising or lowering the grade level or altering the drainage pattern
in a manner which may interfere with access of water, air or
nutrients to nay public tree;
i.
attaching any material to or leaning any material against any
public tree when work is being done in the vicinity;
j.
removing or interfering with any stakes, posts or wires supporting
trees or any barrier on, around, or about any public tree;
k.
closing, covering, obstructing, or otherwise interfering with any
open space within a barrier around a public tree in a manner that
may interfere with access of water, air or nutrients to the tree;
l.
causing or permitting any evacuation, soil disturbance or
compaction within the drip line of any public tree
m.
excavating any ditches, tunnels, or trenches, laying any walkway
or driveway or paving within a distance of zero point five (0.5)
metres from the surface (at breast height) of the trunk of any public
tree for every five (5) centimeters of diameter of the trunk at breast
height.
10.
Protection of public trees during work
A.
Responsibility of work authority
(i)
Any person responsible for work near any public tree shall
protect the tree, before work begins, with a barrier sufficient
to ensure the protection of the tree and shall maintain the
barrier in good condition so that it can perform its function.
Segments of the barrier shall be attached to each other and
not to the tree. all building material, soil and other debris
should be kept outside the barrier.
(ii)
All below-ground utilities shall be installed by tunneling at a
depth and in a manner, which will prevent or minimize injury
to trees.
(iii)
When a utility trims public trees or does other work which
may affect them, the work shall be limited to the actual
necessities of the service of the utility, and shall be done in
a neat and workmanlike manner and in accordance with the
specifications. The department may assign an inspector to
supervise the work and the cost of such inspection shall be
charged to the utility.
(iv)
Every person who intends to move any building or other
large structure on any highway, in any park, or on other
public land within the municipality shall give notice in writing
to the department and shall obtain the consent of the
arborist in addition to any consent required from any other
public authority.
(v)
Such notice shall give the date and time proposed for
moving the structure, the proposed route, and an
undertaking that the person shall not damage any tree.
B.
Consent of the Arborist
Unless the arborist specifies otherwise, his consent shall be
subject to the following conditions:
(i)
All work shall be competed within the time and in the
manner specified by the arborist and shall comply with the
tree program.
By-law 89-71
Page 6 of 8
(ii)
Where consent is given to remove any public tree, the
person to whom consent was given may be required to
plant one or more trees of the type and size, at a location or
locations, and within a time specified by the arborist.
(iii)
The person given consent shall restore the affected area to
a condition satisfactory to the department.
(iv)
In the event that any of the conditions is violated, the
consent of the arborist is deemed to be withdrawn and any
further work which would have been an offence under this
bylaw, if done without consent, is an offence.
C.
Exception
Sections 10 A and B do not apply in any case of emergency or
immediate necessity where work is done to protect the life, health,
safety or property of the public.
11.
Duties of the private landowner or occupant
The owner, occupant of land or trees subject to an agreement shall not
cut or remove any such trees except in accordance with the agreement.
12.
Public Nuisance from trees on private land:
A.
Nuisance Declared
The Department may declare to be a public nuisance any tree on
private land which unduly interferes with the use of any public
land, creates a hazard to the life, health, safety or property of the
public, or is a source or cause of any disease which may endanger
the health of other plants.
B.
Eliminating the nuisance
(i)
Where a tree is declared a public nuisance, the arborist
may order the owner, servant, occupier, or person in charge
of the land containing the tree, at his expense, to treat,
repair or remove the tree or to eliminate the condition
creating the public nuisance in such a manner and within
such a period of time as the order requires.
(ii)
Every order under this section shall be in writing and be
delivered to the owner, tenant, occupant or person in
charge of the land or sent by registered mail to his last or
usual place of residence, and shall specify that if the public
nuisance is not treated and the conditions corrected or
removed in the manner or within the time specified in the
order, the municipality may proceed with the treatment or
the removal of the nuisance at this expense, and shall notify
him of his right to appeal the order and of the manner in
which to appeal.
(iii)
Within ten (10) days of delivery of the order, the owner,
tenant, occupant, or person in charge of the land may
appeal the offer to the Council or a committee designated
by the Council on the grounds that its requirements are
unsuitable or unnecessary, and the Council or committee
shall hold a hearing. At this hearing the person appealing,
the arborist, and any other person specified by the Council
or committee are parties and may give evidence, call
witnesses, appear by counsel, and cross-examine
witnesses.
13.
Trimming and other maintenance of public trees
By-law 89-71
Page 7 of 8
The Department may maintain all public trees in accordance with the
specifications without prior notice to owners and occupants of land in the
vicinity.
14.
Removal, replanting and replacement of trees
A.
Removal or repair
(i)
Where any public tree has interfered or may interfere with
any work, or by reason of damage or disease or for any
other reason has endangered or may endanger any person
or property, the department may, in accordance with the
specifications, do anything to prevent, eliminate, remove, or
repair the interference or danger, provided that in carrying
out such work it makes all reasonable efforts to preserve
and protect the tree.
(ii)
The Department may, upon the request of an owner or
occupant of adjoining land, or upon the request of the
arborist, after the latter has satisfied himself that such trees
are not suitable to their location or that their removal is not
contrary to the public interest, and after giving seven (7)
days' notice of the intended removal to owners and
occupants of land in the vicinity, remove healthy public
trees subject to the requirements of Section 13.
(iii)
Notwithstanding any provisions for public participation,
notice or consent in this bylaw, where a tree, upon
investigation, appears to the arborist to be in a condition
creating an immediate hazard to any person or property, the
department may remove it or do other work to it after
making reasonable efforts to notify the owner or occupant of
the property, without any written notice, consent or hearing.
B.
Replacement
When such public trees are removed, the municipality shall make
reasonable efforts to replace them with similar trees in the same
location or, if this is impractical, shall plant more suitable trees in
the same location, on adjoining land, or in some other suitable
location.
C.
Transplanting
If it is necessary to remove a healthy public tree, reasonable
efforts shall be made, where practical, to transplant it to another
location within the municipality rather than destroy it.
15.
Bylaw Enforcement
a.
No person shall hinder or obstruct he arborist, his delegate or any
representative of the department in the course of his duties, or
furnish him with false information or refuse to furnish him with
information.
b.
Any person who causes or permits any activity which injures or
may injure any public tree shall forthwith notify the arborist.
c.
Where any person in contravention of any provision of this bylaw
or by failure to comply with an order or any term or condition of a
consent injuries or damages any land, water, property, or plant life,
the arborist, where his is of the opinion that it is in the public
interest to do so, may order that person to do all things and take
all steps necessary to repair, at his expense, the injury or damage.
d.
Where a person to whom an order or permit is directed or issued
under any section of this bylaw does not comply with the order or
permit, the arborist may cause the necessity work to be done and
By-law 89-71
Page 8 of 8
charge such person with the cost thereof, which may be recovered
with costs in any court of competent jurisdiction.
e.
Any sum due to the municipality in connection with the
enforcement of this bylaw may be added by the Clerk to the
collector's roll and be collected in the same manner as municipal
taxes.
16.
Penalty
Except as otherwise provided in this bylaw, every person, whether as
principal or agent, or an employee of either of them, who contravenes
any provision of this bylaw, or fails to comply with an order or any term or
condition of a permit made or issued under this bylaw, is guilty of an
offence and on summary conviction is liable to a fine of not more than
Twenty-five dollars ($25.00).
17.
This bylaw shall come into force and take effect upon the date of the final
passing thereof.
Read a first and second time this 5th day of September, 1989
Clerk
Mayor
Read a third time short and passed this 5th day of September, 1989
Clerk
Mayor