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The Corporation of the City of Peterborough
By-Law Number 17-121
Being a By-law to Regulate the Removal and Replacement of Woodlands in the City of
Peterborough entitled the Woodland Conservation By-law.
Recitals
A.
Section 10(2) of the Municipal Act, 2001, (the "Act") permits a single-tier
municipality to pass by-laws respecting the economic, social and environmental
well-being of the municipality.
B.
Section 135(1) of the Act supplements that broad power contained in Section
10(2) of the Act, and permits a local municipality to enact by-laws to prohibit or
regulate the destruction or injuring of trees within the municipality.
C.
Section 135(7) of the Act permits a local municipality to require that permit be
obtained to injure or destroy tress and impose conditions, including conditions
relating to the manner in which destruction occurs and the qualifications of
person authorized to injure or destroy trees.
D.
City Council in recognition of the environmental, aesthetic value and public health
benefits of Woodlands wishes to conserve and protect trees within Woodlands by
regulating and prohibiting the destruction and injury of trees within Woodlands.
E.
City Council has determined that conserving Woodlands is a matter respecting
the economic, social and environmental well-being of the municipality.
F.
City Council has determined that the enactment and promotion of Woodland
conservation regulations, including a permit system which will require replanting
trees, are means of heightening public awareness and of achieving the
conservation and enhancement of natural areas within the municipality.
G.
City Council has determined that the enactment and promotion of Woodland
conservation regulations and the objectives of the City's Urban Forest Strategic
Plan, which objectives include no net loss of tree canopy and using good
arboricultural practice to prolong the life of trees.
Now Therefore, The Council of Corporation of the City of Peterborough enacts as
follows:
Part I - Title, Scope and Interpretation
1.
The short title of this by-law is the "Woodland Conservation By-law".
2.
Subject to the exemptions noted in Part IV of this by-law, this by-law regulates
the Injury or Destruction of all Trees within Woodlands, including Trees within
Plantation Woodlands, located within the City, whether the Woodland is located
on private property or on land owned by the City. In the event that a Woodland
straddles the City's boundary, this by-law applies to that portion of the Woodland
which is located within the City.
3.
For the purposes of this by-law:
2
a.
Certain words have be capitalized for convenience and whether a defined
term or phrase appears in the body of this by-law as a capitalized term or
in ordinary case, the term or phrase shall have the meaning given to it in
Part II. Where any word, not defined in Part II is used the commonly
applied English language meaning is intended.
b.
Wherever a word defined in Part II of this by-law is used as a noun, verb,
adverb or adjective it shall be interpreted as having a corresponding
defined meaning even if appearing in ordinary case.
c.
References to items in the singular include the plural, as the context
requires.
d.
References to any Act, regulation or by-law include references to any
former and successor Act, regulation or by-law thereto.
4.
This by-law regulates the Injury or Destruction of:
a.
Trees within a Designated Area subject to an Approved Development
Agreement; or
b.
Hazardous Trees within a Designated Area subject to a Permit.
Part II - Definitions
5.
For the purposes of this by-law:
a.
Act - means the Municipal Act, 2001, S.O. 2001, c.25, as amended.
b.
Approved Development Agreement - means a site plan, draft plan of
subdivision, community improvement plan or development agreement,
which contains requirements for replanting trees provided such plan or
agreement has been circulated and reviewed in accordance with the City's
normal and ordinary practice and which has received approval under the
Planning Act. An Approved Development Agreement does not include
the Official Plan, an Official Plan Amendment or a Secondary Plan. An
Approved Development Agreement shall contain such conditions as the
Director determines appropriate, including conditions to provide
performance security and to replant Trees and shall, once registered on
title, constitute a Permit under this by-law.
c.
Arborist - means a person expert in the care and maintenance of trees
with an accredited college or university degree in urban forestry,
arboriculture or equivalent and who is:
i.
an arborist qualified by the Ontario Training and Adjustment Board
Apprenticeship and Client Services Branch;
ii.
an International Society of Arboriculture (ISA) Certified Arborist,
holding current certification and in good standing with the ISA;
iii.
a consulting arborist registered with the American Society of
Consulting Arborists (ASCA);
iv.
A Registered Professional Forester (RPF) as defined in the
Professional Foresters Act, 2000, S.O. 2000, c. 18, as amended
or replaced from time to time; or
v.
the City's Urban Forest Manager;
vi.
a person with similar qualifications as approved by the Director.
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d.
Boundary Tree - has the meaning given to it in the Forestry Act, RSO
1990, c. F.26. (the "Forestry Act")
e.
City - means, as the context requires, the Corporation of the City of
Peterborough or the land within the municipal boundary of the City of
Peterborough.
f.
City Council or Council - means the municipal council of the Corporation
of the City of Peterborough.
g.
Committee (the) - means the decision making committee that hears and
decides an appeal under this by-law. The Committee's terms of reference
are set out in Schedule D to this by-law.
h.
Designated Area - means a:
i.
Woodland as defined in the Forestry Act provided the Designated
Area is one hectare or more in area; or
ii.
Plantation Woodland.
i.
Destroy - means any action which causes or results in any of the
following to a Tree:
i.
physiological injury;
ii.
physical injury; or
iii.
irreversible decline or death of a Tree including removing or cutting
down a Tree;
Destruction shall have a corresponding meaning to Destroy;
j.
Director - means the Director of Utility Services for the City of
Peterborough or his or her designate;
k.
Good Forestry Practice - has the meaning given to it in the Forestry
Act provided the harvesting, renewal and maintenance activities are
implemented in accordance with the conditions, as the case may be, the
Approved Development Agreement or the Permit.
l.
Hazardous Tree - means:
i.
a destabilized or structurally compromised Tree, or a Tree with Pest
infestation, with a probability of failure that, in the opinion of an
Arborist, presents a significant risk of harm to people or property; or
ii.
a Tree that, in the opinion of an Arborist:
1.
can not have its life prolonged or be made safe through
Good Arboricultural Practice; or
2.
is in a state of irreversible decline and is unlikely to become
healthy through a natural process of recovery; or
3.
is a threat to the surrounding natural environment.
m.
Injure - means to injure or Destroy a Tree by any action that causes
physiological, physical, biological or chemical damage to or the death of a
Tree, but does not include pruning or removing branches in accord with
Good Forestry Practice conducted in accordance with a Permit. Injury or
Injured shall have their corresponding meaning.
4
n.
Notice of Appeal - means a written notice received by the City Clerk,
sent by or on behalf of an Owner setting out, at a minimum, the following
information:
i.
if the Appeal is to an Order, which aspects of the Order is being
appealed and which are not;
ii.
if the Appeal is to an Order, any relevant information that the Owner
thinks Director or Officer failed to take into consideration.
iii.
if the Appeal is to a condition included in a Permit, which condition
is being appealed and which conditions are not;
iv.
if the Appeal is to a condition included in a Permit, any relevant
information that the Owner thinks Director or Officer failed to take
into consideration.
o.
Nursery - means a lot on which the principal active business is the
growing of plants, shrubs and trees for sale to the public. A Nursery is not
a Designated Area.
p.
Officer - means an individual appointed by Council for the administration
and enforcement of municipal by-laws and includes the City's Director of
Utility Services, the City's Urban Forestry Manager, and any designate to
the foregoing.
q.
Orchard - means a lot on which the principal active business is the
growing of fruit for sale to the public. An Orchard is not a designated Area.
r.
Order - means any Order:
i.
issued by the Director under the authority of this by-law; or
ii.
issued by a judge or justice of the peace under the authority of the
Act, the Forestry Act, the Provincial Offences Act, this by-law or
other applicable law.
s.
Owner - means a person having any right, title, interest or equity in land
or any such person's authorized representative and includes the Person
managing or receiving the rent of the land and includes a lessee or
occupant of the land.
t.
Permit - means a valid permit, issued under Part V of this by-law, to
Injure or Destroy a Tree.
u.
Person - means an individual, including an Owner, an Arborist, an
association, a partnership, or a corporation.
v.
Pest - means a biotic disorder and includes any insect or disease that, in
the opinion of an Arborist, is likely to cause the destruction of or injury to
Trees, and shall include the insects and diseases included in Schedule A
to this By-law;
w.
Plantation Woodland - means a type of Woodland one hectare or more
in area which contains Trees which have been intentionally planted. A
Plantation Woodland is a Designated Area.
x.
Tree - includes a Boundary Tree and a Hazardous Tree and means any
species of woody perennial plant, including its root system, which has
reached or has the genetic potential to reach a height of at least 4.5
5
metres and a DBH of at least 7.5 centimetres at physiological maturity
whether the Tree is located on City-owned land or on privately owned land
or which forms part of a hedgerow. The definition of Tree does not include:
i.
European Buckthorn;
ii.
Glossy Buckthorn; or
iii.
an Ash Tree that, in the opinion of an Officer, is infested by the
Emerald Ash Borer.
y.
Tree Conservation By-law - means City of Peterborough By-law No. 17-
120, or any successor by-law regulating the injury or destruction of trees in
the City of Peterborough.
z.
Woodland - has the meaning given to it in the Forestry Act and includes
a Plantation Woodland.
Part III - Prohibitions
6.
No person shall Injure or cause or permit Injury to:
a.
a Tree in a Designated Area except in accordance with an Approved
Development Agreement; or
b.
a Hazardous Tree except in accordance with a Permit issued by the
Director under this by-law.
7.
No Person shall:
a.
contravene the terms or conditions of an Approved Development
Agreement;
b.
cause or permit the contravention of the terms or conditions of an
Approved Development Agreement;
c.
contravene the terms or conditions of a Permit issued under this by-law; or
d.
cause or permit the contravention of the terms or conditions of a Permit
issued under this by-law.
8.
Every Person shall comply with an Order issued under this by-law.
9.
No Person shall remove or deface any Order that has been posted pursuant to
this by-law.
Part IV - Exemptions
10.
This by-law does not apply to:
a.
a Designated Area that is the subject of an Approved Development
Agreement;
b.
an Orchard or a Nursery; or
c.
a Hazardous Tree, for which a Permit has been issued under this by-law.
d.
activities exempted by Subsection 135(12) of the Act as follows:
i.
activities or matters undertaken by a municipality or a local board of
a municipality;
6
ii.
activities or matters undertaken under a license issued under the
Crown Forest Sustainability Act, 1994;
iii.
the injuring or destruction of Trees by a person licensed under the
Surveyors Act to engage in the practice of cadastral surveying or
his or her agent, while making a survey;
iv.
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 or as a requirement of a site plan agreement of
subdivision agreement entered into under those sections;
v.
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 or as a
requirement of an agreement entered into under the regulation;
vi.
the injuring or destruction of Trees by a transmitter or distributor, as
those terms are defined in Section 2 of the Electricity Act, 1998,
for the purpose of constructing and maintaining a transmission
system or a distribution system, as those terms are defined in that
section;
vii.
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; or
viii.
the injuring or destruction of Trees undertaken on land in order to
lawfully establish and operate or enlarge any pit or quarry on land,
(1) that has not been designated under the Aggregate Resources
Act or a predecessor of that Act, and (2) on which a pit or quarry is
a permitted land use under a by-law passed under Section 34 of
the Planning Act.
e.
a Woodland or Plantation Woodland which is subject to a Managed Forest
Tax Incentive Program (a "MFTIP") approved by the Ministry of Natural
Resources and Forestry and a copy of same has been filed with the
Director.
Part V - Permits and Approved Development Agreements
11.
If an Owner thinks that emergency work is required to Injure a Hazardous Tree,
the Owner shall, as soon as practicable, and prior to Injuring the Hazardous
Tree:
a.
notify the City so as to provide the City with a reasonable opportunity to
inspect the Hazardous Tree; and
b.
provide the Director with documentation including but not limited to:
i.
a Report, if available;
ii.
photographs of the size/height of the Hazardous Tree;
iii.
a diagram showing the distance between the Hazardous Tree and
any buildings; and
iv.
a description of the specific nature of the danger posed by the
Hazardous Tree.
7
12.
The exemption outlined in Section 11 above, only applies if the City has been
provided with a reasonable opportunity to inspect the subject tree and the
Director has given his/her verbal or written approval to Injure the Hazardous
Tree.
13.
The notice and documentation requirements contained in Part V of this by-law
shall be sent to: [email protected] or delivered to City Hall marked as
Woodland By-law Permit Application.
14.
Council hereby delegates to the Director the power to:
a.
upon receipt of an application completed in accordance with the
requirements of Schedules B and C, issue a Permit, including the authority
to include conditions on a Permit, in accordance with Part V of this by-law;
b.
amend the pricing contained in Table 1 in Schedule B, Woodland and
Plantation Woodland Replanting Costs, on an annual basis; and
c.
designate Officers.
15.
Every person who intends to Injure or Destroy:
a.
a Tree in a Designated Area shall, prior to Injuring or Destroying a Tree,
apply for and obtain an Approved Development Agreement; or
b.
a Hazardous Tree in a Designated Area shall, prior to Injuring or
Destroying a Hazardous Tree, apply for and obtain a Permit.
16.
The Director may issue a permit to Injure or Destroy a Hazardous Tree, if
satisfied that the Owner has proposed an activity which:
a.
is consistent with Good Forestry Practice;
b.
will not interfere with natural drainage processes;
c.
will not result in significant soil erosion, significant slope instability or
significant siltation in a watercourse;
d.
will not have a significant impact on any healthy vegetation community
within and/or adjacent to the subject site; and
e.
will not have a significant impact on any fish or wildlife habitat within
and/or adjacent to the subject site.
17.
The Director may include such terms and conditions on a Permit to Injure or
Destroy a Hazardous Tree as recommended by an Officer as necessary to
ensure that the proposed activity:
a.
will be undertaken in accordance with the Good Forestry Practise; and
b.
adequately provides for replanting Replacement Trees.
18.
The Director may, prior to making a decision, refer an Owner's application for a
Permit to and obtain comment from:
a.
municipal staff;
b.
members of, public agency, advisory body; and/or
c.
another qualified professional.
8
19.
A Permit issued pursuant to this by-law shall expire on the 365th day after its date
of issuance and the Director may, upon receipt, priory to expiry, of an Owner's,
renew the Permit with or with additional conditions for a further period of up to
365 days.
20.
The fee for a Permit to Destroy a Hazardous Tree issued by an Officer under this
by-law shall be $300.00, except that no fee shall apply if the land upon which the
Trees are located is subject to:
a.
an Approved Development Agreement; or
b.
a MFTIP.
21.
The Director shall have the authority to reduce or waive the Permit fee upon such
conditions as the Director determines are appropriate.
22.
The Director may require the Approved Development Agreement to be registered
on title at the Owner's expense to the subject lands. Where appropriate, the
Director may also require, as a condition within an Approved Development
Agreement, that the Owner post with the City security in an amount determined
by the Director in order to ensure performance of the Owner's obligations under
the Approved Development Agreement.
Part VI - Administration and Enforcement
23.
This by-law shall be administered by Director, whose powers include: designating
one or more persons as Officers, amending the costs contained in Schedule B
from time to time and to amending the information being collected under
Schedules B and C.
24.
This by-law shall be enforced by any Officer, or by any other person authorized
to enforce City by-laws.
25.
An Officer may, during daylight hours, enter and inspect any land to which this
by-law applies and may be accompanied by such persons as he/she determines
will be of assistance.
Part VII - Orders and Appeal to the Committee
26.
If, after inspection, an Officer is satisfied that a contravention of this by-law has
occurred, the Officer may make an Order requiring the person to stop Injuring or
Destroying Trees and the Order shall contain particulars of the contravention.
27.
A person:
a.
who has received an Order issued under this by-law may appeal the Order
to the Committee by filing a Notice of Appeal to the City Clerk within 30
days after the date of the Order; or
b.
to whom a Permit has been issued pursuant to this by-law may appeal the
Director's conditions to the Committee by filing a Notice of Appeal to the
City Clerk within 30 days after the date of Permit's issuance.
28.
Prior to hearing an appeal, the Committee may refer any application, associated
plan or information to members of a municipal staff, public agency, advisory body
and/or other qualified professional for comment prior to making a decision.
9
29.
As soon as practicable after a Notice of Appeal is filed, the Committee shall hear
the appeal and may decide to:
a.
confirm, vary, or revoke the Order; and/or
b.
confirm or vary the conditions contained within the Permit.
30.
The decision of Committee under Section 27 of this by-law is final.
Part VIII - General Offence Provisions
31.
Any person who contravenes any provision of the by-law is guilty of an offence
and is liable, upon conviction, to a fine as prescribed by applicable law for each
offence, recoverable under the provisions of the Provincial Offences Act, as
follows:
a.
on a first conviction, to a fine of not more than $10,000; and
b.
on any subsequent conviction, to a fine of not more than $20,000.
32.
If a person is convicted of an offence under this by-law, in addition to any other
remedy or any penalty provided by law, the court in which the conviction has
been entered, and any court of competent jurisdiction thereafter, may make an
Order prohibiting the continuation or the repetition of the offence of any person.
33.
If a person is convicted of an offence under this by-law, the court in which the
conviction has been entered, and any court of competent jurisdiction thereafter,
may order the person to replant or have replanted Trees in such manner and
within such period of time as the court considers appropriate, including any
silvicultural treatment necessary to re-establish the Trees or have the Trees re-
established.
34.
Under Sections 441and 441.1 of the Act, the City's treasurer may add any part of
an unpaid fine to the tax roll for any property in the City which the Owner or
person is responsible for paying and collect it in the same manner as municipal
taxes.
Part IX - Schedule
35.
Schedules A, B, C, D and E form part of this by-law. Schedule E is subject to
change in accordance with the by-law entitled "A By-law to Establish User Fees".
36.
The by-law entitled "A By-law to Establish User Fees" is hereby amended by
Schedule E attached hereto.
Part X - Severability
37.
If any section, subsection or part or parts thereof are declared by a court of
competent jurisdiction to be illegal, invalid or otherwise unenforceable, such
provision shall be deemed to be severable and the remainder of this by-law shall
be declared to be separate and independent and enacted as such.
Part XI - Effective Date
37.
This by-law comes into effect on the date it receives third reading.
38.
Despite Section 39 of this by-law, By-law No. 97-68 shall continue to apply to
proceedings or to prosecutions that were initiated prior to its repeal.
10
Part XII - Repeal
39.
By-law No. 97-68 is repealed effective on the date this by-law is adopted.
By-law read a first, second and third time this 23rd day of October 2017.
(Sgd.) Daryl Bennett, Mayor
(Sgd.) John Kennedy, City Clerk
11
Schedule A - List of Pests and Diseases
Pests:
a.
Asian Longhorned Beetle (Anoplophora glabripennis)
b.
Carpenter Ants (where infestation is significant and treatment impractical);
c.
Emerald Ash Borer (Agrilus planipennis);
d.
Hemlock woolly adelgid (Adelges tsugae)
e.
Pine Engraver Beetle (Ips pini)
Diseases:
a.
Bacterial or fungal infection which, in the reasonable opinion of the Director is
detrimental to the Tree's health
b.
Dutch Elm Disease (Ophiostoma novo-ulmi)
c.
Verticillium Wilt (Verticillium dahliae) where, if left unchecked, and which, in the
reasonable opinion of the Director, pose a significant threat to the health of
adjacent property, plant material or the urban forest in general; and;
General:
a.
Other such Pests or diseases which, if left unchecked, and which, in the
reasonable opinion of the Director, pose a significant threat to the health of Trees
on adjacent property or the urban forest in general.
12
Schedule B - Costs for Replanting
If a Woodland or a Plantation Woodland or a remnant of the foregoing, or if a group of
Trees or and a hedgerow is removed, replanting shall occur on an equal area basis and
with a species composition designed to replicate the lost diversity of Trees.
Each Woodland and Plantation Woodland will be classified under the Ministry of Natural
Resources and Forestry's Ontario Ecological Land Classification for Southern
Ontario.
The replanting cost for a Woodland or Plantation Woodland will vary depending on the
diversity of Tree species found within the foregoing.
If the area available for replacing Trees is insufficient to permit replanting the required
number and species of replacement Trees on the Owner's land, the Owner shall pay to
the City the average of the lowest and highest unit price contained in the Woodland or
Plantation Woodland Replanting Costs as set out in the then current Table 1.
Table 1 - Woodland and Plantation Woodland Replanting Costs
Replanting to achieve reforestation assumes planting of seedlings (50/50 mix of
coniferous and deciduous species). All Trees shall receive a mulch mat for suppression
of weed growth. All hardwoods shall be contained in a tubex tree shelter installed on a
metal T-post. The Owner shall guarantee Tree survival and installed materials for a
minimum of 2 years.
Materials Item
Pricing
Unit
Total (1,500 trees/hectare)*
Lowest
Highest Average
Lowest
Highest
Average
Conifer seedlings
$0.90
$3.00
$1.66
$1,350.00
$4,500.00
$2,485.92
Deciduous seedlings
$1.25
$12.00
$4.88
$1,875.00
$18,000.00
$7,318.95
Average seedling
$1.08
$7.50
$3.27
$1,612.50
$11,250.00
$4,902.43
Tree shelters (based on 50%
conifer (no shelter needed)
and 50% deciduous planting)
$3.62
$4.86
$4.24
$2,715.00
$3,645.00
$3,180.00
Metal T-bars for tree shelters
$4.50
$9.99
$7.25
$3,375.00
$7,492.50
$5,433.75
Mulch mat (TassuCol)
$1.07
$1.07
$1.07
$1,605.00
$1,605.00
$1,605.00
Staples for mulch mat (2
staples per mat)
$0.20
$0.20
$0.20
$295.20
$295.20
$295.20
Total materials
$6.40
$16.19
$10.28
$9,602.70
$24,287.70
$15,416.38
Installed cost**
$24,006.75
$60,719.25
$38,540.96
Installed cost / tree**
$16.00
$40.48
$25.69
* 1500 trees/hectare (2.58 m x 2.58 m) based on minimum density to achieve a
productive forest. Source: Forests Ontario 50 Million Tree Program Outline. Density
range 1,500 to 2,200 trees/ha.
** Installed tree cost is based on 2.5x the cost of tree and materials. Includes a 2-year
guarantee. Source: ww.isaontario.com/news/plant-appraisal-guide-status-update,
accessed May 19, 2017.
Table 1 shall be updated annually by the Director to reflect the average industry cost to
replant Trees.
13
Schedule C - Permit Application Form and Fees
Fee for Part V Permit - $300.00 per application
Application #
City of Peterborough
Application to Permit the
Injury or Destruction of a
Tree within a Woodland
or Plantation Woodland
500 George Street North
Peterborough, Ontario
K9H 3R9
Tel: 705 742 7777 x 1813
The personal information on this form is collected under City By-law 17-121 and will
be used for the purposes of this application only. Questions should be directed to the
Freedom of Information Coordinator, City Clerk, 500 George Street North,
Peterborough, ON K9H 3R9 Tel. 705-742-7777 x 1820.
Instructions for Completing the Application:
1.
Application form to be completed by applicant. Please type or print clearly.
Submitting an incomplete or illegible application will delay approval.
2.
Municipal address: Street name and number must be included for applications to
be considered complete.
3.
Consult with the Director to determine whether an Arborist report will be required
as part of a complete application.
4.
If replanting, provide 2 copies of the replanting plan or landscape plan.
5.
Payment of the required fees: See Below.
6.
Written consent is necessary from an adjacent property owner where the
Hazardous Tree is a Boundary Tree.
7.
If this application is signed by an applicant other than the Owner, or by an agent,
the Owner's written authorization is required.
8.
Submit this application and other supporting documentation to the Director,
City of Peterborough, Utility Services Department, 500 George Street North,
Peterborough, ON K9H 3R9.
9.
Applications submitted after 3:30 p.m. local time will not be processed until the
next business day.
14
Applicant Information for Injuring or Destroying a Tree within a Woodland or
Plantation Woodland
1.
Municipal address of subject property:
2.
Name of Applicant/Agent:
3.
Mailing Address of Applicant:
4.
Telephone:
Work No.:
Email :
5.
Name of Registered Owner (if different from above):
6.
Mailing address of Owner (if different from above):
7.
Existing Land Use:
8.
Are the Tree(s) located on or near any neighbouring property line resulting in the
joint ownership of the Tree/s.
Yes No
9.
If yes, do you have authorization from the neighbouring property owner to act
as their representative in this application to Injure or Destroy Tree(s).
Yes No
10.
Reason why Trees are being Injured or Destroyed. Please circle letter:
a.
All Trees are dead, dying or hazardous;
b.
Trees are interfering with utilities/dwelling/foundation;
c.
Other (please specify)
11.
A diagram showing the location of the Woodland being Injured or Destroyed and
the distance between the Woodland and any buildings on the property is
required.
12.
Fee Requirements:
a.
If a Tree is considered dead, dying or hazardous by the Director there is
no fee, but a permit must still be obtained
b.
Otherwise : $300.00 per application
(Methods of payment major credit cards, interact, cash, or cheque. Fees are
non-refundable and must be remitted at the time of initial permit application).
15
13.
Additional Requirements
1.
I am the owner of the property or acting on behalf of the owner with written
authorization.
2.
The property is not a designated Heritage Property under the City of
Peterborough designation.
3.
Applicable fees have been submitted.
Declaration and Acknowledgement
I /we (Print name)
hereby declare that I have read and understood the required procedures and
provisions under the City of Peterborough Woodland Conservation By-law and
the statements and plans made by me upon this application are, to the best of my
belief and knowledge, a true and complete representation of the purpose and
intent of this application.
I acknowledge that I require a Permit before proceeding with any of the work
detailed in the application.
I consent to City of Peterborough employees entering onto the property to conduct
such Inspections as are required by By-law 17-121.
I acknowledge that I require a permit before proceeding to perform any work
described in the application.
Signed at the City of Peterborough this
day of
, 20
Signature of Applicant:
16
Schedule D - Terms of Reference -Tree and Woodland Appeals Committee
Recitals
A.
The City has enacted By-law 17-121, being a by-law to regulate the removal and
replacement of Woodlands within the City of Peterborough.
B.
A property owner may appeal the refusal to issue a permit or appeal the
conditions attached to a permit under By-law 17-121 to the Tree and Woodland
Appeals Committee (the "Committee").
C.
The purpose of the Committee is to provide a timely and final determination
concerning the issuance or non-issuance of a permit or the conditions attached
to a permit issued under By-law 17-121.
1.0
Purpose of the Committee
1.1
The Committee has the responsibility to hear and determine appeals of all
decisions made under By-law 17-121.
1.2
On an appeal, the Committee has the authority to:
a.
confirm or vary the conditions contained in a permit issued under By-law
17-121; or
b.
confirm the non-issuance of a permit under By-law 17-121; or
c.
issue a permit under By-law 17-121 with or without conditions.
2.0
Operation of the Committee
2.1
Committee Hearings are attended by Committee members, City staff, and
applicants and/or their representatives.
2.2
The Committee shall establish its own rules of practice and procedure and the
Committee may accept and weigh evidence in such manner as it determines is
fair, reasonable and expeditious.
2.3
The Committee shall establish its own rules of practice and procedure and the
Committee may accept and weigh evidence in such manner as it determines is
fair, reasonable and expeditious.
2.4
The written decision of the Committee is final.
2.5
The decision of the Committee need not be unanimous, and in the event of a split
decision, the majority decision shall be the Committee's final decision.
2.6
No appeal shall be heard and determined unless at least 3 Committee members
are present for the entire hearing. Only Committee members who have heard all
the evidence shall participate in the Committee's decision making process.
2.7
In the event that a majority of the Committee is satisfied that the appellant was
provided with reasonable notice of the hearing, and if the appellant is not present
at the hearing, the Committee may:
a.
Adjourn the hearing to another date; or
b.
Confirm, vary or overturn the Director's decision.
2.8
Only in extraordinary circumstances, which are within the Committee's discretion
to determine, shall more than one adjournment be granted to an appellant.
17
3.0
Term of Office
3.1
The appointed members of the Committee shall hold office for a term concurrent
with the term of Council, but every member shall continue in office until his or her
successor is appointed.
3.2
Any member of the Committee whose term of office has expired is eligible for
reappointment.
3.3
When a member ceases to be a member before the expiration of his or her term,
Council will appoint another eligible person for the unexpired portion of the term.
4.0
Composition of the Committee
4.1
The Committee shall include:
a.
A Registered Professional Forester ("RPF") as defined in the
Professional Foresters Act, 2000, S.O. 2000, c. 18, as amended or
replaced from time to time registered professional forester; and
b.
An Aborist, who is not an RPF; and
b.
a third member duly appointed by the Council for the Corporation of the
City of Peterborough, who is not a member of Council.
4.2
The Committee will select a Chair and a Secretary.
5.0
Qualifications
5.1
In selecting its appointments to the Committee, Council shall consider, among
other factors:
a.
the candidate's demonstrated commitment to, and interest in, the
community;
b.
the candidate's status as resident, property owner or employee within the
City of Peterborough;
c.
the candidate's availability and commitment to be impartial and attend all
Committee meetings; and
d.
the candidate's ability to objectively and fully consider the information
provided at any hearing.
6.0
Role of Committee Members
6.1
It is the duty of the Chair to:
a.
preside at all hearings of the Committee;
b.
call the hearing to order;
c.
swear in the staff members, the appellant and all witnesses; and
d.
determine in conjunction with the other Committee members, the
Committee's procedure.
6.2
It is the duty of the Secretary to:
a.
ensure that the appellant and is informed of the hearing date at least 7
calendar days prior to the hearing;
18
b.
keep records of all official business of the Committee, including records of
all appeals and copies of all decisions respecting each appeal;
c.
issue the Committee's decision within a reasonable time period; and
d.
concurrent with the issuance of the Committee's decision, inform the
appellant and staff, of the Committee's decision.
7.0
Remuneration
7.1
Members of the Committee shall serve without remuneration.
8.0
Meetings
8.1
The Committee shall meet as required to consider appeals that have been filed
with the City.
8.2
Meetings of the Committee shall be held at City Hall or such other location within
the City of Peterborough, as the Committee deems advisable.
8.3
Subject to the volume of appeals received, the Committee may be required to
meet monthly, bi-monthly, or semi-annually.
9.0
Conflict of Interest
9.1
Members of the Committee shall exercise their duties ethically and identify and
/or avoid potential conflicts of interest.
19
Schedule E - Fees and Charges
"G/L Account
Number
User Fee
Name and
Description
Rationale for Fee
Unit
Basis
Current
Rate
Presently in
Effect
HST
Y or N
2017 Total
Budgeted
Rev from Fee
Date of rate
Change for
2018 if
applicable
Proposed
Rate as per
2018 Budget
2018 Total
Budgeted Rev
from Fee
C1
C2
C3
C4
C5
C6
C7
C8
C9
C10
To be advised
Tree Cutting
Permit
Partial Recovery
of staff costs to
inspect trees and
administer new
by-law
Per
permit
$300
N
Unknown
January 1,
2018
$300
Unknown