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THE CORPORATION OF THE TOWN OF PERTH
BY-LAW NO. 4132
A by-law ofthe Corporation of the Town of Perth respecting the protection,
maintenance and control of trees on Town property ("Tree By-law") and to repeal
By-law Nos. 2935, 3521 and 3550
WHEREAS the Council ofthe Town of Perth deems it expedient and in the public interest
to protect, maintain and promote the stock ofhealthy trees located on Town property;
AND WHEREAS Council has the authority pursuant to the Municipal Act to govern and
regulate the use of its property as it deems appropriate;
AND WHEREAS Council wishes to further amend the Tree By-law as hereinafter set
forth.
NOW THEREFORE the Corporation ofthe Town ofPerth enacts as follows:
1.
. In this By-Law,
a)
"Abutting tree" includes a tree the bole of which at ground level is partially on
the property line.
b)
"Director" means the Director of Environmental Services of the Corporation or
their authorized designate. .
c)
"Corporation" means The Corporation ofthe Town ofPerth.
d)
"D.B.H." means Diameter Breast Height, 1.37m above the ground.
e)
"Forest-type tree" means any tree which has outgrown its location due to a
limited amount of space available for roots and branches to develop and
without limiting the generality thereof includes elm, sugar maple, ash and
basswood trees.
f)
"Tree" includes a growing tree or shrub planted or left growing on property of
the Corporation for the purpose ofshade or ornament.
g)
"Nuisance Tree" means a tree, other than a rare or locally significant tree, that
is causing physical damage to a structure, or obstructs vehicle or pedestrian
access, in a manner which cannot be substantially corrected by limbing or
pruning; or a tree that by virtue of its root structure, reproductive methods or
substances exuded is: interfering with vegetation growth on private property;
impeding the physical use or development of private property; or causing
hardship due to increased property maintenance costs; in a manner that can not
be substantially corrected by limbing or pruning.
2.
Abutting trees which are dead shall be removed at the expense ofthe Corporation.
3.
Healthy trees on the property ofthe Corporation may be removed for the construction
. of public services including, but not limited to, water, sewer, electricity, however the
utility company responsible for the said construction shall replace the trees with at
least 7.5 em calliper trees D.B.H. at its own expense, at a location reviewed with the
owners ofthe adjacent property and approved by the Director.
4.
If the owner of a property that abuts property of the Corporation is denied proper
access to the use oftheir property by the existence ofhealthy trees on property of the
Corporation, the Director may approve the removal of the healthy trees on condition
. that the owner ofthe abutting property replace the trees, at their own expense, with at
least 7.5 em calliper trees D.B.H. at a suitable location. In instances where site plan
control is required, approval will be given by the Director ofPlanning or designate.
Town ofPerlh By-law No. 4132
Page 1 of5
4A.
If the owner of a property that abuts property of the Corporation submits a
written
request,
complete
with
sufficient
information/justification
to
demonstrate to the satisfaction of the Director, that an otherwise healthy tree is
a nuisance tree or creates an annoyance or inconvenience to the use or
enjoyment of their property, said tree may be removed subject to satisfying the
following conditions:
(a)
The property owner agreeing in writing to pay the cost of removing the
tree and purchasing and planting replacement trees of a comparable tree
type, (e.g. a conifer with conifers), with the species to be determined by
the Town.
Subject to the tree specifications needed to suit the
replacement tree planting location, the species of preference, and the
cost of planting replacement trees, Town staff will obtain sufficient
replacement trees such that the total of the diameters of the replacement
trees will approximate the average diameter of the tree to be removed,
as measured at calliper height, with no replacement tree having a
diameter of less than 2.5 centimetres measured at 1 metre above grade.
The tree replacement cost to be paid by the applicant shall be
determined as per subsection (c) below.
(b)
The property owner acknowledging in writing that one or more of the
replacement trees may be placed adjacent to the Owner's property,
except where it is deemed impractical by the Director due to growing
conditions, installation costs or maintenance of safe sight lines. Except
where the Director determines planting to be impractical, the owner
shall be entitled to request that up to two of the replacement trees be
planted on adjacent land owned by the Corporation.
Any remaining
replacement trees are to be planted on the lands of the Corporation
anywhere within the Town in accordance with the tree planting practices
and needs of the Corporation as determined from time to time by the
Director or Council.
(c)
The property owner agreeing in writing, prior to any work commencing,
to submit an initial payment equal to 50% of the cost estimate for all
tree removal and replacement work, as prepared by the Director, the
balance of the payment due within 30 days of the work being
completed. The cost ofreplacement trees shall be calculated based on a
charge of $75.00 per each 2.5 cm in the average diameter, as measured
at calliper height, of the tree to be removed.
Within the Business
Improvement Area, when the Director determines that a replacement
tree will require the protection of a grate for root protection, or a trunk
cage or both, then in addition to the tree replacement charge, there shall
be a charge for protective devices as follows: for a grate $185.00; for a
trunk cage $95.00; for both grate and cage $275.00.
The tree
replacement charge or the charges for protective devices may be
changed by Council from time to time through an amendment to the
Town's Fees and Charges By-law.
4B.
Where the Director is not satisfied that a tree has been demonstrated to qualify
as a nuisance tree, or that the tree creates a demonstrable or justified annoyance
or inconvenience to the property owner, the Director shall provide the owner
with an explanation in writing, and advise of the option of appeal his/her
decision to Council. If there is a dispute with regard to the Director's findings
or if an owner wishes relief from the requirements of the By-law, the owner
may appeal directly to Council, or to a Committee authorized by Council, to
make a final determination as to whether a healthy tree may be removed. In the
event that Council or the Committee determines that an independent assessment
of the health of the tree or options for addressing the concerns being raised
should be received from a qualified arborist, the matter will proceed upon the
owner agreeing to pay the cost of the assessment based on an estimate for the
work.
Town ofPerth By-law No. 4132
Page 2 of5
4C.
No person shall plant trees on property of the Corporation without written
consent ofthe Town ofPerth.
5.
Property Owner Rights:
(a) Even though a tree may be located entirely on a public road allowance it is
acknowledged that the abutting private property owner may derive a particular
benefit from it and that benefit shall not be removed without good reason and
without opportunity for the abutting property owner to register objection. The
property owners will be notified in writing and will be given ten (10) days to
register his objection.
(b) In cases of emergency where it is deemed not possible to follow the procedure
ofwritten notification an attempt should always be made to contact the abutting
property owner or tenant by phone or in person to inform them of the action
being taken.
6.
(a)
The Director shall cause the removal ofheaithy forest-type trees on property of
the Corporation at the expense of the Corporation when a property owner
produces a soil report by a qualified person that clearly states that the forest-
type trees on the property of the Corporation are responsible for soil shrinkage
and existing or possible subsequent foundation damage.
7.
Where a tree is located on property of the Corporation, no person shall affix any
poster, notice, sign, guide wire or other fastening or fixture to said tree without first
obtaining the written approval ofthe Corporation so to do.
8.
(a)
The Director may cause to be trimmed, all trees on private property, the
branches ofwhich extend over property ofthe Corporation.
(b)
The Director may, at the request of an abutting property owner, have trees
located on the property of the Corporation that extend on or over private
property, trimmed.
9.
Subject to the provisions hereof, the owner of land adjacent to property of the
Corporation may plant trees upon the portion thereof contiguous to his land, upon
obtaining written approval of the Director except when site plan control is required
then the approval will be by the Director ofPlanning or designate.
9A.
Every tree planted on property of the Corporation set aside for park purposes
shall be planted in accordance with the applicable park development plan.
10.
The Director may refuse to permit the planting of trees, or the planting of anyone or
more species or variety of trees, upon property of the Corporation, or part thereof,
where, by reason of the nature of the pavements, walks, sewers, watermains,
electrical power lines, and other works thereon, or the use to which the lands abutting
on the property ofthe Corporation are put, or in consequence ofthe extent and nature
. of the traffic thereon, or the insufficient breadth thereof, or by reason of the existence
of rock or unfertile soil thereunder, such planting thereon is deemed impracticable or
dangerous to traffic or constitutes a nuisance to the property ofthe Corporation.
II.
Any tree planted or growing on property ofthe Corporation contrary to the provisions
hereofmay be removed by the Director without notice or compensation.
12.
Except as otherwise provided herein, no person shall cut or otherwise remove
branches, injure, remove, or cut down any tree planted or growing on property of the
Corporation.
13.
Subject to Section 14, where a tree is located on property ofthe Corporation within 6
ill ofproperty upon which work is to be executed, the owner or contractor shall:
Town ofPerth By-law No. 4132
Page 3 of5
(a)
Prior to commencing any work notify the Director as to the proposed method of
protecting the tree, and obtain their approval of the method of protection before
any work is commenced, and;
(b)
In the event of damage to any tree, agree to reimburse the Corporation for the
cost of treatment, removal, or replacement of the tree to the satisfaction of the
Director.
14.
In carrying out construction work or excavation within the vicinity of any trees, the
following provisions shall be complied with;
(a)
All trees shall be completely planked around with a plank of not less than 2.5
cm in thickness prior to commencing any work;
(b)
Planks shall be placed so as to extend lip the main part of the trunk for at least
2.4 m and shall be wired to each other. In no event shall planks be wired to the
tree;
(c)
No building materials of any kind shall be attached to or leaned against a tree;
(d)
No signs shall be attached to any tree;
(e)
The existing grade around any tree shall not be raised or lowered with prior
consultation with and approval from the Director;
(f)
Utmost care shall be taken at all times in order not to damage any roots or
branches ofany tree;
(g)
All branches or roots of any tree which may be approved for removal are to be
cut with a 2.5 cm stub and a suitable preservative applied to them;
(h)
The removal of any trees which interfere with the construction may be effected
onlyupon the receipt ofwritten permission from the Director, and;
(i)
The cost of any removal referred to in paragraph (h) pillS the cost of any
removal oftrees irreparably damaged shall be borne by the person obtaining the
written permission and is conditional lIpon a tree replacement of at least (3")
inch calliper D.B.H. being carried out in the same vicinity and approved by the
Director.
15.
Any proposal for future street reconstruction shall illustrate those trees which are
required to be removed due to said reconstruction together with a report on the
number, types, and size of trees being removed and the number, types and sizes of
trees which will replace those being removed.
16.
All trees removed as a result of street reconstruction are to be replaced with a like
number or greater number of a species of trees of at least three (3") inch calliper
D.B.H. as approved by the Director.
17.
Every person who contravenes any of the provisions of this By-law is guilty of an
offence and on conviction is liable to a fine of not more than two thousand
($2,000.00) dollars, exclusive of costs.
18.
When a person has been convicted of an offence under this By-law,
(a)
The Provincial Court (Criminal Division) ofthe Judicial County of Lanark, or;
(b)
Any court of competent jurisdiction thereafter may, in addition to any other
penalty imposed on the person convicted,issue an order prohibiting the
continuation or repetition of the offence of the doing of any act or thing by the
person convicted directed toward the continuation or repetition ofthe offence.
Town ofPerth By-law No. 4132
Page 4 ofS
19.
(I)
The Corporation hereby establishes a "Do-it-YourselfProgram" for the planting
of trees on the boulevard portion of a highway under the jurisdiction of the
Corporation in accordance with the provisions ofthis section.
(2)
An owner of property that adjoins the boulevard portion of a highway may
request the Director to provide the owner with small calliper trees that are less
than 7.6 em D.B.H. for planting in the adjacent boulevard portion of the
highway, as the trees become available.
(3)
The Director shall review with the property owners of the adjoining property
the following matters in accordance with the current practice:
(a) The location on the boulevard where the tree is to be planted;
(b) The species oftrees to be planted;
(c) The spacing ofthe trees;
(d) The required clearances from public utilities, and;
(e) Any other required approvals.
(4)
The owner of the property that requested the tree shall maintain the tree for the
twelve-month period following the planting ofthe tree.
(5)
Upon the expiration of the twelve-month period referred to in subsection (4),
the Corporation shall maintain the tree in accordance with the current operating
practices.
(6)
This program is not available to persons to provide trees to satisfy any tree
planting requirements set out as a requirement of site plan approval designating
the area within the limits of the Town of Perth as a Site Plan Control Area, as
amended.
(7)
The Corporation may allow the tree to be located in the front yard providing
that a location cannot be provided in the boulevard. However, the expense of
the planting and maintenance shall be the property owner's responsibility.
20.
That By-law Nos. 2935,3521, and 3550 be and are hereby rescinded in their entirety.
Read a first time, second and third time and finally passed this 19
th day ofNovember, 2010.
,L
Lauren Walton, Clerk
(Seal)
Town of Perth By-law No. 4132
Page 50f5