By-law 16-1999 - Municipal Tree Policy (amending Municipal Code Chapter 486) — full text

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## CORPORATION OF THE TOWN OF PETROLIA ## BY-LAW NUMBER 16-1999 A BY-LAW TO AMEND THE MUNICIPAL CODE BEING BYLAW 47-1992, HIGHWAY - STREET, CHAPTER 486 TREES - PLANTING. WHEREAS it is deemed expedient to amend Chapter 486 of the Town of Petrolia Municipal Code adopted by By-Law 47-1992 on July 13t, 1992; NOW THEREFORE the Council of the Corporation of the Town of Petrolia Hereby Enacts as Follows: Chapter 486 - Trees - Planting is hereby deleted and the new "Municipal Tree Policy" added thereto as outlined as Schedule A. 2. The annexed Schedule A shall be considered part of the By-Law. This By-Law to come into force and effect upon the final passing thereof. By-Law Read a First, Second and Third Time and Finally Passed This 22 , day of February, 1999.   486.1.1 Highway - defined "Highway means a highway as defined in section 261 of the Municipal Act, R.S.O. 1990, c.M.45, as amended. 486.1.2 Street - defined "Sace, inge saur rest or are designay and use ar or seria, are general peere the passage of vehicles. 486.1.3 Town Property - defined "Town Property means any property now or hereafter owned by or made available by lease, agreement or otherwise to the corporation or to any local board or municipal public utility thereof. 486.1.4 Tree - defined "Tree means any trees, shrubs, bushes, and all other woody vegetation planted or growing in whole or in part on town lands or town right-of-way between the curb and property line along the side of town streets or in medians of all streets within the Town. ## Article 2 Tree Planting 486.2.1 Upon Request - taxpayer - location The Town of Petrolia will supply suitable trees and plant them on front lawns, at the request of taxpayers, at least one metre (1m) or more inside the taxpayer's property line. 486.2.2 Limit - one tree - per year 486.2.3 Spring - fall - first come service - until budget used The planting shall take place in the spring and fall of the year, on a first come first serve basis, until the budget figure is used and names and addresses are to be carried over until the next year. 486.2.4 Tree Standards 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. In general, deciduous trees should be between two to three metres (2-3 m) in height and three to four centimetres (3-4 cm) in diameter. Coniferous trees should be no more than one and one-half metres (1.5 m) in height. Article 3 General Provisions 486.3.1 Care - trimming - maintenance - owner responsibility The taxpayer shall be responsible for the care, trimming and all cost of maintaining the tree. 486.3.2 Specifications and Standards of Practice The Aborticultural 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 Municipal Services Committee and Council. 486.3.3 Policy The policy of the Municipal Services Committee shall be one of cooperation with the public, property owners, other municipal departments and agencies and non-profit organizations, at all 486.3.4 Trees - cut - replanted For each tree cut down by the municipality, a new one is to be replanted, in accordance with Section 486.2.1 of this Chapter. 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. 486.3.5 Stumps The stumps of all removed trees shall be cut at least eight centimetres [8 cm.] below grade and filled with topsoil and seeded. 486.3.6 Acceptable Trees Town oral these long livelers argued appears ace, harbines, again, and gara or the freedom from disease or injurious insects shall be planted in public spaces. See Schedule "C". 486.3.7 Undesirable Trees 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. 486.3.8 Review of Species, Cultivars and Varieties The Municipal Services Committee in conjunction with the Director of Operations, 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. ## 486.3.9 Master Street Tree Plan Plantings We Plan, orbitiese anal be plasted superio revision ore Dreso error an ent approved by the Municipal Services Committee, Planning Committee and Council. Capital projects, i.e. parks, streets, medians, substations, treatment plants, plazas, and public buildings, shall provide for street planting as part of the development process. The street planting plan for such projects shall be approved by the Municipal Services Committee and Planning Committee. Subdivision Developments shall provide for street planting as part of the development process. Street trees shall adhere to the design objectives, spacing and locations requirements of this document. No single species shall make more than 20% of the street tree population. This is to prevent disease susceptibility and eventual uniform senescence. See Figure 1. 486.3.10 Planting - on highway - Prohibited No person shall plant or maintain a shrub or hedge on a public highway. 486.3.11 Hedge - Abutting Highway - Maximum Height No person shall plant or maintain a hedge abutting on a public highway to a height in excess of seventy-six centimetres (76 cm) above the established grade of the centre line of the travelled portion of the abutting highway. See Figure 1. 486.3.12 Obstruction - Tree - Near intersection - Prohibited No person may plant or maintain a tree abutting on a highway within nine metres (9 m) of the intersections of highways, which tree or the branches thereof constitute an obstruction to vision on a highway. See Figure 1. 486.3.13 Trimming - Ordered - Director of Operations maintain such branches on trees planted on private property. 486.3.14 Trimming - Cost - To Property Owner The cost of any tree trimming carried out by the Town of Petrolia shall be charged to the owner of the said property. 486.3.15 Fence - Constructed - On Highway - Prohibited No person shall construct or maintain a fence on a highway. By-law 69-1979, 13 November, 1979. ## 486.3.16 Deciduous Tree Species When otherwise specified by the Director of Operations, 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.J above the ground level and at least two to three metres [2-3 m.] in height as a minimum size in height when planted. ## Article 4 Location and Spacing 486.4.1 Distance - Street Intersections Trees shall be planted at least ten metres [10 m.] from street intersections and at least three metres [3 m.] from driveways and lanes. See Figure 1. 486.4.2 Distance - Utilities or practical, underground electrical facilities, watermains, water services: e.g. sanitary and storm No tree shall be planted closer than three metres [3 m.] radius to a utility pole, or where possible sewers, catch basins and hydrants or valves. 486.4.3 Spacing Spacing of trees should be determined by the Director of Operations 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. See Figure 1. 486.4.4 Unpaved, Non-curbed or Sidewalk Streets Al terming by the Director or operations: in on ultion relevater yero to prevent damage to the trees when the street construction is completed. Article 5 Methods 486.5.1 Bare Root Trees - Deciduous Most small deciduous trees may be moved bare root, unless otherwise indicated. Roots of bare root trees shall be protected from heat, frost and drying by methods of current practice. 486.5.2 Balled and Burlapped - Coniferous All coniferous trees shall be moved balled and burlapped [B and BJ. Balled roots shall be protected from drying, heat and frost by methods of current standard practice. 486.5.3 Pits for Bare root Pits dug for planting of bare root 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. 486.5.4 Pits for Balled and Burlapped 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. 486.5.5 Tree Depth Trees shall be planted no deeper than they were originally grown with due allowance for settling. 486.5.6 Drainage Where poorly drained soil is encountered, provision for drainage shall be made and/or tolerant species selected. 486.5.7 Backfill shall be saturated with water. 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 486.5.8 Pruning 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. 486.5.9 Wrapping and Supporting 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. ## Article 6 Early Maintenance 486.6.1 Special Attention 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. 486.6.2 Watering Ample soil moisture shall be maintained following planting. Thorough watering each five to ten 15101 days depending on soil type and drainage provisions is usually adequate, with local rainfall taken into consideration. 486.6.3. Fertilizing An a real so used are more is or an in tries mediate one aring e Fertilization of public trees shall follow accepted arboricultural standards and formulations, rates and application methods shall be developed by the Director of Operations. ## 486.6.4 Insects and Disease Control 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 Environment [M.O.E.] for such work. 486.6.5 Pruning 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. 486.6.6 Pruning - Subsequent Years Pruning in subsequent years shall aim to develop a strong framework free of weak crotches and poor form. 486.6.7 Tree Crowns Teneral trees shobe raved er ower branches retinoved to a eight plano and a halt metres 12.5 m.], unless in areas where lower limbs do not impede traffic or where such pruning would drastically alter the normal habit of the tree. 486.6.8 Pruning Cuts 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 shali be made to minimize the size and number of wounds. 486.6.9 Climbing Irons - Prohibited No spurs or climbing irons shall be used on any tree unless the tree is to be removed. Branches 486.6.10 All dead, crossed or rubbing branches shall be removed. Article 7 General Tree Maintenance 486.7.1 Topping of Trees No topping of trees shall be permitted except by written permit from the Director of Operations. Proper cabling and bracing shall be practiced wherever possible. 486.7.2 Large Trees - Pruned 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. 486.7.3 Cooperation - Bluewater Hydro It shall be the policy of the Municipal Services Committee to work in cooperation with Bluewater Hydro, and the Director of Operations, 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. 486.7.4 Scheduled Maintenance Regular scheduled maintenance and/or planned construction by Bluewater Hydro, and the Town of Petrolia shall be covered by a blanket permit after consultation with the Director of Operations, and appropriate representatives from Director of Operations and the Town. 486.7.5 Cavities 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. Article 8 Spraying 486.8.1 MOE Specifications Operators shal be athered to at al (mO.E.) specifications for warming the public of spray 486.8.2 Control of Disease and Pests conform to M.O.E. regulations and the operator shall be licensed by M.O.E. as a land class 1 and 3 exterminator. ## Article 9 Emergency Maintenance 486.9.1 Amendments The Director of Operations shall have the authority to modify, amend or extend, with the approval of the Municipal Services Committee and Council, the Arboricultural Specifications and Standards of Practice at any time that experience indicates improved methods or whenever circumstances 486.10.1 Schedules to Form Part of the Policy Each tree and its location will be recorded on a "Tree Inventory Form". The following schedules are attached hereto and form part of this policy: a] Schedule "A" - Tree Inventory b} Schedule "B" - Schedule of Work - Tree Authorization c) Schedule "C" - Tree Planting Recommendations Article 11 Notification of Changes 486.11.1 Notification of Changes to Policy The following departments and agencies shall be notified of changes to the Tree Planting By-Law and Policy: Clerk/Administrator Chief Administrative Officer Director of Operations Planning Committee Bluewater Hydro Municipal Services Committee Union Gas COGECO Cable Solutions Bell Canada Local Nurseries Article 12 Enforcement 486.12.1 Fine for Contravention Epon conscion tale to a ine or praly as provided for the Provincia ofences Act. By Law 46-1992, 22 June, 1992.  Town of Petrolia Tree Inventory Compiled by: ## day/month/year Address: Species: D.B.H. cm. Height Estimated Tree Age: years General Tree Condition: GOOD FAIR POOR DYING DEAD Considered Hazardous? Yes No Comment on Hazard: Identify Target metres Comments on Planting site: Tree Damage MAINTENANCE REQUIRED DAMAGE CONDITION Thin Crown Shaping Remove Deadwood Storm damage Mower Scuff Improper pruning cuts Remove Suckers Utility Line Clearance Construction Clear for Vision String Trimmer Girdling Roots Stom Remove Repair Stump Removal Cabling/Bracing Staking/Guying Girdling Roots Compacted Soil Fertilize Irrigate Pest Injury Pest Management Wound Repair Replant Decay/Cavity Other - Specify Environmental Injury Birds/Rodents Fire/Lightening Root Disturbance Injury Mineral Deficient Herbicide Damage Leaf Scorch Other - Specify Schedule "B" to the Tree Planting By-Law Town of Petrolia Tree Work Permit Permit# Work Site Address: Day/Month/Year Date of Application: Name of Applicant: Ph: [1 Fax: L Address: Work Description: [ldentify the number of trees and the exact manner in which the work will be done] Attach extra sheets for further explanations and drawings if necessary. day/month/year Completion Date: day/month/year Date of Proposed Work: All work performed must conform to the Arboricultural Specifications and Standards of Practice by the Town of Petrolia. I hereby agree to carry out the described work in accordance with the Arboricultural Specifications and Standards of Practice and Directives attached hereto: Agent if other than owner By: Owner Signed: **Applicant is responsible for obtaining all locates for underground utilities ## Office Use Only Y N N/A Y N N/A Y N N/A TV Cable Underground Utilities Located Bell Canada Y N N/A Y N N/A Hydro Union Gas Other -m E E Width of Planting Strip Width of Sidewalk Inspection Report: Width of Right of Way Building Setback from Sidewalk E E Hydro Other TV Cable Height of Overhead Lines - Bell Canada Spread Poor DBH Fair Species of Tree[s]: Approximate Size: Height General Condition: Good Inspection Recommendations: [Attach Sheet if Necessary] day/month/year Date: Inspectors Signature: Application Approved: Municipal Official Permit Issue Date: Signature Inspected and Work Approved: Yellow - Municipal Copy White - Applicant ## Schedule "C" to the Tree Planting By-Law Tree Planting Recommendations Notes: Soils - generally alkaline, toledo clay Drainage imperfect in some areas. New Subdivisions - Developed within last 15 years. etcetera. · Drainage very poor because of compaction, soil removal and street construction Flowering Crab and Flowering Hawthorn varieties - best small trees for all poor soil conditions, salt tolerant, slow growing, 20' × 20' depending on variety. Green Ash varieties - (Fraxinus Pennsylvatica) large growing, 55' × 35'. Patmore Ash - more compact, seedless, dark green leaves, 45' × 35'. Marshalls Ash - seedless, compact, excellent grower, 50' × 40'. Silver Maple - large growing, fast, oval crown, extended root system, 65' × 55'. Hackberry (Celtis) - V-shaped top, elm-like appearance, medium growth, salt tolerant, 40' x Katsura Tree - heart-shaped leaves, small tree. Won't outgrow confined areas, salt tolerant, 30' × 30'. Japanese Tree Lilac (Ivory Silk) - small ornamental, white flowers in June, excellent street tree. Recommend shallow planting, 20' × 15'. Linden (Greenspire) - narrow pyramid, excellent grower, 40' × 30'. Linden Littleleaf - broadly oval, 40' × 30'. Locust (Honey) varieties. Shademaster - seedless and thornless, lacy, loose growing, fast medium grower, salt tolerant, 50' × 40'. Locust Sunburst - yellow edge on new leaf growth, 40' × 35'. Pear Flowering (Bradford) - oval columnar shape, white flowere in May, excellent small street tree. Recommended for areas with better drainage, 25' × 15'. Service Berry (Princess Diana Tree) - hardy small tree, edible fruit and white floweres, 20' x Sweet gum - medium grower, maple like leaves, tolerates very poor wet soils, good Fall colour, 50' × 30'. Evergreen Trees - Black or White Cedar White Pine Norway Spruce Hemlock or Larch Evergreen Shrubs - Juniper, cedar or Cypress Town Centre and Older Areas - where there is less compaction and better drainage. All of the previously mentioned varieties will do well because of the clay base soil. Beech - (Rivers Copper) - slow growing, very showy, beautiful copper coloured leaves, long life span, 50' × 40'. Birch (European White) - fast growing, requires spraying, not salt tolerant, 40' × 30'. Norway Maple varieties - best street and park tree, many shapes and sizes to choose from. Mountain Ash varieties - excellent small to medium street tree, 25' x 15'. Sugar Maple - excellent, large growing, native tree, good Fall colour, 60' × 40'. TREES RECOMMENDED FOR BOULEVARDS & AREAS OF CONFINED SPACE Ivory Silk Lilac Sunburst Locust (if controlled) Columnar Norway Maple Flowering Pear Flowering Cherries Flowering Crabs Flowering Hawthorns Katsura Tree ## TREE RECOMMENDED FOR PARKS OR AREAS REQUIRING LARGER TREES Sugar Maple Sycamore Oak Varieties Sweet Gum Norway Maple Linden Locust Silver Maple Birch Beech Ash Hackberry Tulip Tree Sizes recommended for planting - 1.25 - 1.50 inches, 8 - 12 ft. - shade - 1 - 1.25 inches, 6 - 8 ft. - ornamentals Trees should be large enough to be self sustaining but small enough to be economically The above recommendations are for trees only. Larger trees can be planted for more immediate effect. Street Tree Spacing and Location Requirements Almost all streets within the town have rights-of-way that extend back of the curb line. This area 's public property and is generally used for utilities, walks and landscaping. The width of this right-of-way area varies considerably in different sections of town.    Generally strong contracts within street tree groupings should be avoided. Repetition and subtle changes are desirable. Exceptions would be at intersections or other areas where alertness and viewer attention is desired.