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THE CORPORATION OF THE TOWNSHIP OF SEGUIN
BY-LAW NUMBER 2024-019
BEING A TREE CONSERVATION BY-LAW TO RESTRICT AND REGULATE THE
INJURING, REMOVAL, AND DESTRUCTION OF TREES ON PRIVATE PROPERTY
IN THE TOWNSHIP OF SEGUIN AND TO REPEAL BY-LAW 2008-1 03 AND ALL OF
ITS AMENDING BY-LAWS IN THEIR ENTIRETY
WHEREAS, Section 135 of the Municipal Act, 2001, SO. 2001, c. 25, as amended,
permits the enactment of a By-law by the Council of The Corporation of the Township of
Seguin to prohibit and regulate the destruction or injuring of Trees;
AND WHEREAS, pursuant to Section 135(7) of the Municipal Act, 2001, S.C. 2001, c.
25, as amended, a municipality may require that a Permit be obtained for the injuring or
destruction of Trees or any class of Trees specified in the By-law and impose conditions
including those relating to the manner in which destruction occurs and the qualification of
Persons authorized to Destroy or Injure Trees;
AND WHEREAS pursuant to Section 425 of the Municipal Act, 2001, S.C. 2001, c, 25,
as amended, authorizes the Township of Seguin to pass by-laws providing that a Person
who contravenes a Township of Seguin by-law passed under that Act is guilty of an
offence;
AND WHEREAS pursuant to Section 436 of the Municipal Act, 2001, S.C. 2001, c. 25,
as amended, provides that the municipality has the power to pass by-laws authorizing the
power of entry for the purpose of inspecting land to determine compliance with a by-law,
direction, Order, or condition of licence;
AND WHEREAS pursuant to Section 444 of the Municipal Act, 2001, SO. 2001, c. 25,
as amended, provides that the municipality may make an Order requiring the Person who
contravened the by-law or who caused or permitted the contravention or the Owner or
occupier of the land on which the contravention occurred to discontinue the contravening
activity, and any Person who contravenes such an Order is guilty of an offence;
AND WHEREAS, the Council of The Corporation of the Township of Seguin deems it
desirable and in the public interest to enact a Tree Conservation By-law for the purposes
of:
a)
maintaining shoreline vegetation to protect water quality, maintaining and
enhancing the natural aesthetic character of the Township and minimizing
erosion potential;
NOW THEREFORE, the Council of The Corporation of the Township of Seguin enacts as
follows:
Page 1 of 25
1.0
DEFINITIONS
For the purpose of this By-law, the following definitions shall apply:
"Agreement" means any Agreement made between the Township and a property Owner
such as but not limited to a Consent Agreement, Site Plan Agreement or License
Agreement;
"Applicant" means the Person who submits an application fora Permit under this By-law;
"Arborist" means an individual who is certified with the Ministry of Labour, Training and
Skills Development and is at least one of the following:
(a)
certified or qualified by the International Society of Arboriculture;
(b)
a consulting Arborist registered with the American Society of Consulting
Arborists;
(c)
registered Professional forester;
(d)
a Person with other similar qualifications andlor sufficient relevant experience
as accepted by the Director;
"Arborists Report" means a report prepared and signed by an Arborist, which includes
details on the species, size, health, and location of a Tree to be Destroyed, Injured or
Removed, and an assessment of the structural integrity of the subject Tree using the
"Tree
Risk Assessment,
Best Management
Practices',
Companion publication
to
American National Standards Institute (ANSI) 300 part 9, standard practices, International
Society of Arboriculture (ISA), as may be amended or replaced;
"Building Permit" means a Building Permit issued under the Building Code Act, 1992, S.D.
1992, c. 23, as amended;
"Clerk" means the Clerk of the Township of Seguin;
"Council" means the Council of the Township of Seguin;
"Crown" means the upper part of a Tree, which includes the branches and leaves;
"Destroy" "Destroys" or "Destruction" means the Removal of a Tree or harm resulting in
the death, ruin, or Removal of a Tree by culling, burning, uprooting, chemical application
or other means including irreversible injury that may result from neglect accident or
design and the term "destruction" shall have a corresponding meaning;
"Diameter" means the Diameter of the stem of a Tree measured outside the bark at a
specified point of measurement;
Page 2 of 25
"Director" means the Director of Planning for the Township or their designate provided
such designate is an Officer as defined in this By-law;
"DBH" is also known as "Diameter at Breast Height" and refers to the Diameter of the
stem of a Tree measured at a point 1.37 m above the highest point on the Tree from
where the ground meets the trunk;
"Drip Line" means the vertical projection of the outermost edge of a Tree's Crown;
'Driveway" means the ingress and egress lane or lanes that are connected to a highway
that leads to a residential dwelling unit but does not include a Parking Area;
"Dry-Laid" means a method of construction or installation where individual stones, blocks
or payers are laid on a bed ot sand or gravel or other similar material and the stones,
blocks or payers are held in place by tightly compacted material and does not include the
use of concrete or mortar asphalt, pavement or other poured materials;
"Financial Assurance" means security in the form of cash, certified cheque, bank draft or
letter of credit that is lodged by an Owner or Applicant with the Township to secure the
performance of any obligation imposed under this By-law and/or a
Permit issue
hereunder, upon an Owner or Applicant;
"Injure" or "Injuring" means to harm, damage or impair a Tree and includes, but is not
limited to, harm, damage, Major Damage or impairment caused by changing grades
around a Tree, compacting soil over root areas, severing roots, improper application of
chemicals, improper pruning or the Removal of branches and bark and the term "injury"
shall have corresponding meaning;
"Minor Maintenance" means the pruning of dead or dying branches, Removal or
Destruction of Trees on a property where the foregoing is intended to improve the overall
health of Vegetation on the property but does not include any work related to property
development or work completed to erect a building, a septic area, or waterfront Accessory
Structures;
"Major Damage" to a Tree means any one of:
(i)
a wound greater than the square of the DBH of the Tree (for example, a
wound with an area of 100 square centimetres is Major Damage to a Tree
with a DBH of 10 cm),
(ii)
any wound greater than 1000 square centimetres,
(iii)
if the wound in paragraph (i) or (ii) contacts the ground then the wound shall
be considered Major Damage if it is 60% of the size specified in paragraph (i)
Page 3 of 25
or (ii) respectively,
(iv)
broken branches Destroying more than 30% of the Crown,
(v)
over-pruning of branches at the base of a Tree more than 10% of the total
height of the Tree,
(vi)
the exposure, severing or compaction of more than 25% of the root area,
(vii)
the breaking off of any Tree,
(viii)
the noticeable tipping of any Trees,
(ix)
a cut greater than 1/3rd of the DBH or a cut with a depth of ill 0th of the DBH;
"Natural Drainage Course" means a valley or elongated depression created by year-
round, naturally flowing water that varies in size, including a lake, river, stream, creek,
spring, ravine, swamp and gulch with well-defined banks and a bed that gives direction
to a water source, but excludes roadside ditches, drainage ditches and irrigation works;
"Officer" means a Municipal Law Enforcement Officer that has been appointed through a
By-law in the Township of Seguin to administer and enforce by-laws in the Township;
"Order" means a mandatory requirement for action within a specified time period
specifically issued by an Officer or other authorized personnel to address issues of non
compliance with any section of this by-law or the conditions of a Permit which includes a
Stop Work Order or an Order to Remedy;
"OPFA Member" means a Registered Professional Forester or Associate Member of the
Ontario Professional Foresters Association (OPFA) as defined
in the Professional
Foresters Act, 2000, S.C. 2000, c. 18, as amended;
"Owner" means the registered Owner(s) of the property;
"Parking Area" means the use of an area of land, building or Structure associated with
the principal use of the same lot for the parking of motor vehicles and does not include
the ingress or egress lane(s) of a Driveway;
"Patio" means a platform without a roof with direct access to the ground, which is designed
and intended for use as an amenity space which is accessory to the principal use on the
lot;
"Permit" means the authorization in writing from the Director or their designate provided
such designate is an Officer, to Injure or Destroy Trees pursuant to this By-law;
Page 4 of 25
"Person" means any individual, corporation, partnership, association, firm, trust, or other
entity and includes anyone acting on behalf or under the authority of such entity;
"Professional" means a Person, who in the opinion of the Township, has experience and
training in the pertinent discipline, and who is a qualified expert with expertise appropriate
for the relevant critical area or subject;
"Remove, Removes or Removal" means to move from a place or position occupied; or
(i)
To transfer or convey from one place to another; or
(ii)
To take off; or
(iii)
To take away; withdraw; or
(iv)
To do away with; eliminate;
"Re-Naturalization Plan" means a plan prepared and signed by an Arborist or Professional
in accordance with the Guidelines for Waterfront Design in Seguin Township to the
satisfaction of the Township;
"Re-Vegetation Plan" means a plan prepared and signed by an Arborist or Professional
in accordance with the Guidelines for Waterfront Design in Seguin Township to the
satisfaction of the Township;
"Riparian Zone" is a 5-metre buffer adjacent to the Shoreline that contains a combination
of Trees shrubs and/or other perennial plants and is managed differently from the
surrounding landscape;
'Shoreline" means the line at which a Natural Drainage Course meets the land;
"Site" means the area of land containing any Tree(s) proposed to be Injured;
"Structure" means anything constructed, the use of which requires location on or in the
ground or attached to something having a location on or in the ground. This definition
shall include swimming pools and sports courts, hot tubs, and Jacuzzis over 15 square
metres;
"Temporary Access Road" means a temporary road that has been constructed for the
purpose of gaining temporary access to a water access-only property to allow for
construction vehicles or other machinery to safely manoeuvre a property.
A water
access-only property is a property which does not have access or frontage to a public
street, right-of-way or Driveway, and can only be developed by barge, boat or similar
access from a Shoreline;
"Township" and "Township of Seguin" means The Corporation of the Township of Seguin;
Page 5 of 25
"Tree" means a plant of any species of woody perennial plant including its root system
which has reached or can reach a height of at least 4.5 m at physiological maturity;
'Tree Protection Plan" means a plan that includes the prescribed information as set out
in Schedule "B" of this By-law and is completed by an Arborist;
"Tree Protection Zone" means the minimum required setback distance to protect a Tree
from any activity during the construction process that may result in injury or harm and is
based on generally accepted arboriculture principles;
"Vegetation" means any woody plant, or contiguous cluster of plants including Trees,
shrubs, and hedgerows;
"Walkway" means an access pathway between the shoreline and shoreline Structures to
other areas on the lot. A Walkway shall be made of permeable, natural materials or Dry-
Laid construction, and shall have a maximum width of 2.0 metres;
"Water Permeable" or "Pervious" means any material used or a style of construction or
installation that allows water or other liquids to pass through the feature or Structure, this
definition can also be used for "permeable materials";
"Zoning By-law" means the By-law regulating land use as provided for under the Planning
Act within the Township
2.0
LAND SUBJECT TO THIS BY-LAW
2.1
This By-law applies to the following lands within the Township:
(a)
All lands within 20 metres of a Shoreline; and
(b)
All lands zoned Environmental Protection (EP and EP1) in the
Township Comprehensive Zoning By-law.
3.0
EXEMPTIONS
3.1
The provisions of this By-law do not apply to the following:
(a)
Activities or matters undertaken by a municipality or a local board
of the Township;
(b)
Lots owned by the Township of Seguin;
(c)
Activities or mailers undertaken under a license issued under the
Crown Forest Sustainability Act, 1994;
Page 6 of 25
(d)
The injuring or destruction of Trees by a Person licensed under the
Surveyor's Act, R.S.O 1990, c. S.29 to engage in the practice of
cadastral surveying or any Person in their employ while making a
survey;
(e)
The Removal of damaged or Destroyed Trees in the interests of
public safety, health and general welfare following any man-made
or natural disasters, storms, high winds, floods, fires, snowfalls,
freezes, or as a result of insects, disease or wildlife;
(f)
Activities or matters undertaken by the provincial government or
federal government or their authorized agents;
(g)
Trees that are part of plantations for the purposes of an orchard,
nursery, or Christmas Tree farm;
(h)
Trees measuring less than 8cm (3.15 inches) DBH;
(I)
The Removal of diseased Trees or stumps, in accordance with good
forestry practice where one of the following are provided and
approved by the Director or their designate before the Removal of
any Tree takes place:
(i)
An Arborist Report satisfactorily confirming the Tree is
diseased and providing the rationale for why it should be
Removed. This report shall be available upon request of the
Director, Officer or their designate; or
(ii)
By providing clear, concise and satisfactory evidence of
disease through photographic evidence, Site investigation
or other sufficient means that is approved by an Officer or
the Director;
The Removal of dead, dangerous or severely Injured Trees or
stumps, in accordance with good forestry practice;
(k)
The pruning of Tree branches in accordance with good arboriculture
practice to maintain, improve, or protect Tree health;
(I)
The injuring or destruction of Trees to facilitate development
permitted by the approval of a Site plan, a plan of subdivision, or
other development Agreement under Sections 41, 45, or 51 of the
Planning Act;
Page? of 25
(m)
The injuring or destruction of Trees to facilitate development
permitted by a development Permit authorized by regulation made
under Section 70.2 of the Planning Act;
(n)
The injuring or destruction of Trees by a transmitter or distributor,
as those terms are defined in Section 2 of the EloctricityAct, 1998,
for the purpose of constructing and maintaining a transmission
system or a distribution system, as those terms are defined in that
section;
(o)
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;
(p)
The injuring or destruction of Trees undertaken in accordance with
an Aggregate Resources Act License;
Development Exemptions
Structures and Septic Systems
(q)
The Injuring or Removal of Trees that is required to erect any
building, Structure, or septic system in respect of which a Building
Permit or septic Permit is issued, or which complies with the
Zoning By-law provided that:
(i)
No Tree shall be Removed or Injured that is located more
than 3 metres from the outer edge of the building. Structure
or septic system, and
(ii)
No Tree shall be Removed or Injured within the 5 metre
Riparian Zone along the shoreline other than to install a
permitted waterfront accessory structure in accordance with
Seguin Township's Zoning By-law;
AccesslDriveways
(r)
The Injuring or destruction of Trees for the purpose of one (1)
Temporary Access Road no wider than 4.5 metres on properties
only accessible by water. At the discretion of the Director, a
Temporary Access Road may be subject to a Re-Vegetation Plan
or Re-Naturalization Plan that is satisfactory to the Township and
which is completed by a Professional in that field;
Page 8 of 25
Patios and Walkways
(s)
The injuring or Removal of Trees within 20 metres of the Shoreline
necessary for the installation of a Patio provided that:
(i)
In accordance with Seguin's Site Alteration By-law, Trees are
only to be Removed for a Patio made of Dry-Laid, or other
natural permeable materials;
(ii)
The cumulative area of all Patio clearings does not exceed
28 square metres for lots with a frontage of 90 metres or less;
(iii)
The cumulative area of all Patio clearings does not exceed
40 square metres for lots with a frontage of more than 90
metres;
(iv)
The Removal of Trees does not occur within the 5 metre
Riparian Zone along the Shoreline to facilitate the installation
of a Patio; and
(v)
No additional Tree Removal or injury occurs beyond the
outer edge of the Patio;
(t)
The injuring or Removal of Trees within 20 metres of a Shoreline
necessary for the installation of a Walkway provided that:
(1)
In accordance with Seguin's Site Alteration By-law, Trees are
only to be Removed for a Walkway made of Dry-Laid, or
other natural permeable materials;
(ii)
The area of Tree Removal to accommodate the Walkway is
a maximum width of 2 metres;
(iii)
No additional Tree Removal or injury occurs beyond the
outer edge of the Walkway; and
(iv)
It does not occur within the 5 metre Riparian Zone along the
Shoreline.
Maintenance of Beaches and Existing Features
(u)
The maintenance of existing,
or naturally occurring beaches.
Existing for the purpose of this provision shall allow for the
maintenance of beaches above the Shoreline in the same state as
occurring prior to and since August 5, 2008;
Page 9 of 25
(v)
The maintenance of an existing Walkway, Patio or retaining walls.
Existing for the purpose of this provision includes a Walkway, Patio
or retaining walls that legally existed before August 5, 2008;
Exempt Land Uses
(w)
Marinas; and
(x)
Commercial uses in the Settlement Area Designation of the Official
Plan.
4.0
GENERAL PROVISIONS AND REGULATIONS
4.1
No Person shall permit or cause the Injury to a Tree, Tree Destruction or Tree
Removal within 20 metres of a Shoreline unless the Injury to a Tree, Tree
Destruction or Tree Removal that occurs:
a)
is subject to and conducted in accordance with an exemption or
exemptions as set out in Section 3.0; or
b)
is under authorization of a Permit issued under this By-law.
4.2
No Person shall permit or cause an Injury to a Tree, Tree Destruction or Tree
Removal within an area zoned Environmental Protection (EP and EP1) in the
Township's Comprehensive Zoning
By-law,
except
in
conjunction
with the
permitted uses of the zone and in compliance with the Zoning By-law.
4.3
No Person shall permit or cause the Injury to a Tree, Tree Destruction or Tree
Removal without an Owner or Person first obtaining a Permit under this By-law
unless such
Injury to a Tree. Tree Destruction or Tree Removal occurs in
accordance with an applicable exemption as set out in Section 3.0 of this By-law.
4.4
No Person shall fail to re-vegetate or re-naturalize a Temporary Access Road that
is permitted in Section 3.1 (r) upon completion of work permitted under a Building
Permit or septic Permit; in accordance with the requirements for a Re-Vegetation
Plan or Re-Naturalization Plan as required by this By-law.
4.6
No Person shall fail to comply with an Order issued under this By-law.
4.7
No Person shall pull down, Remove or deface an Order posted under this By-law.
4.8
No Person shall fail to produce or post a Permit as required under this By-law.
4.9
Sufficient erosion and sedimentation control measures, such as a sedimentation
fence, shall be provided around any area that may be disturbed in a manner
satisfactory to the Director or an Officer prior to the commencement of any injury
Page 10 of 25
or destruction of Trees in relation to any property development but does not include
Minor Maintenance of a property, and shall be maintained in good working order
until the Site has been stabilized and operations completed.
4.10
No Person shall faH to erect an adequately installed sedimentation fence before
the commencement of any injury or destruction of Trees in relation to property
development or construction of a building, Structure, septic area or shoreline
accessory Structure.
4.11
No Person shall fail to adequately maintain a sedimentation fence during any Injury
to a Tree, Tree Destruction or Tree Removal or construction of a building,
Structure, septic area, Patio or Walkway.
4.12
No Person shall permit or cause any Injury to a Tree, Tree Destruction or Tree
Removal contrary to the provisions of any Agreement entered into with the
Township that is registered or approved for the property on which such injury or
destruction of Trees takes place.
4.13
No Person shall permit or cause any Injury to a Tree, Tree Destruction or Tree
Removal before the appropriate approvals have been issued whether through a
Site
Plan
Agreement,
Subdivision
Agreement,
Development
Agreement,
Development Permit, a Building Permit or a Septic Permit.
4.14
No Person shall, after the destruction or injury of diseased Tree(s), fail to produce
an Arborist Report immediately upon the request of the Director, Officer or their
designate.
APPLICATION REQUIREMENTS
5.1
A Permit is required under this By-law as follows:
(a)
Every Person who intends to cause
Injury to a
Tree,
Tree
Destruction or Tree Removal where a Permit is required to do so
under this By-law shall first complete and submit an application to
the Township containing the information set out in Schedule "A" to
this By-law, in such form as may be approved by the Director;
(b)
Is accompanied by the prescribed fees payable to the Township in
accordance with the existing Township of Seguin Fees and Charges
By-law;
(c)
As part of the application for a Permit, the Owner shall Permit an
Officer, Director or anyone designated by an Officer or Director to
enter their property and undertake such Site inspections as may be
required to consider the application. An Officer, Director or anyone
Page 11 of 25
designated
by an
Officer or
Director may undertake
a
Site
inspection prior to, during and after the proposed activity;
(d)
At the Directors' discretion, all applications to cause Injury to a Tree,
Tree Destruction or Tree Removal may be required to include a
Tree Protection Plan in accordance with the requirements in Section
11 of this By-law and/or Financial Assurance in an amount and form
acceptable to the Director;
(e)
Applications to cause Injury to a Tree, Tree Destruction or Tree
Removal shall include any report required by the Township or
external agency (e.g. Tree Protection Plan, Vegetation analysis,
environmental impact assessment, geotechnical report, Arborists
Report, or hydrogeological report.);
(f)
An application for a Permit shall only be deemed complete
if;
(i)
The application has been completed in full;
(ii)
The Owner/Applicant has signed the application;
(iii)
The party who will be undertaking or responsible for the
injuring or destruction of Trees has signed the application;
(iv)
The application fee has been paid;
(v)
Any required inspections have been undertaken;
(vi)
Any required reports have been submitted; and
(vii)
Financial Assurance, if required by the Director, has been
provided.
6.0
ISSUANCE OF PERMIT
6.1
The Director shall issue a Permit to cause Injury to a Tree, Tree Destruction or
Tree Removal where the Director is satisfied that:
(a)
The application is complete, in accordance with this By-law and the
Schedules;
(b)
The injury, destruction or Removal of Tree(s) is required to permit
the establishment or extension of a use permitted by the Zoning By
law and there is no reasonable alternative to the injury or destruction
of the Tree(s);
Page 12 of 25
(c)
All
other
Permits,
application
material,
background
studies,
Agreements, documents, reports, development approvals under the
Planning Act and Financial Assurances, if required, have been
received, reviewed and approved to the satisfaction of the Director;
(d)
Any other matters that the Director considers relevant.
6.2
The Director has the discretion to require a Financial Assurance as a condition
of issuing a Permit, and the Financial Assurance shall be dealt with the
following conditions:
(a)
The Financial Assurance shall be in a sufficient amount to equal the
cost of re-vegetation or re-naturalization of a property and any
subsequent studies or inspections required by the Township, as
determined by a Professional;
(b)
The Financial Assurance may be drawn upon by the Township to
remedy any deficiency in work under a Permit, including but not
limited to Site restoration;
(c)
The Financial Assurance shall remain in effect for the full duration
of the Permit;
(d)
Any Financial Assurance in the form of a letter of credit shall contain
a clause stating that thirty (30) days' written notice shall be given to
the Township prior to its expiry or cancellation. In the event that the
Township receives this notice, and further securities are
not
provided by the Owner, the Director may draw on the letter of credit
to render it as cash security;
(e)
The Financial Assurance shall be released by the Township
following the completion of a final inspection, or confirmation by the
applicant's Professional that prepared the plans, to the satisfaction
of the Director.
7.0
RENEWAL, TRANSFER, EXPIRY AND REVOCATION OF PERMITS
Renewal
7.1
A Permit which has expired may be renewed by the Director as appropriate, within
a period of three (3) months before the date of expiry upon the submission of a
written request to the Director accompanied by a payment of one-half of the
original Application Fee, provided that the proposed work which was the subject of
the Permit has not been revised.
Page 13of25
7.2
A Permit which has been renewed in accordance with Section 7.1 shall thereafter
be treated as a new Permit except that it shall not again be renewed.
7.3
A Permit which has been renewed in accordance with Section 7.1 shall rely on the
Tree Protection Plan for the Site that is referenced in the existing Permit.
Transfer
7.4
A Permit shall expire upon the transfer of Ownership of the Site unless the new
Owner provides a written commitment to comply with all conditions under which
the Permit was issued, prior to the transfer of the Site, including compliance with
this By-law and Agreement to provide Financial Assurance in a form and amount
acceptable to the Director, at which time any Financial Assurance previously
provided by the original Permit holder pursuant to this By-law shall be released.
7.5
Failing the written commitment from the new Owner, the Permit shall be deemed
to be cancelled as of the date of transfer of Ownership of the Site.
7.6
A Permit is not transferable to another Site.
Expiry and Revocation
7.7
A Permit expires on the date set out in the Permit.
7.8
The Township may revoke any Permit if:
(a)
It was obtained on mistaken, false or misleading information;
(b)
It was issued in error;
(c)
The Owner or Permit holder requests it be revoked in writing;
(d)
Work authorized under the Permit has not commenced prior to its
expiry date;
(e)
The Owner has breached any of the prohibitions of Section 4 of this
By-law;
(f)
The Township has drawn on the Financial Assurance provided by
the Owner or Applicant in accordance with Section 6.2 of this By
law; and
(g)
The land has been transferred and the new Owner has not complied
with the requirements under Section 7.4 of the By-law.
Page 14 of 25
7.9
When a Permit expires or is revoked, the Owner shall immediately cease all Tree
Injury, Destruction or Removal and shall immediately rehabilitate and revegetate
the Site to the Township's satisfaction. If the Owner has registered a Site plan
Agreement, a subdivision Agreement, or a developmental Agreement that includes
the Re-Vegetation of the Site as a condition or requirement, Re-Vegetation shall
take place in accordance with that Agreement.
7.10
No Person shall Injure, Remove or Destroy a Tree while a Permit is expired or
revoked.
8.0
CONDITIONS TO PERMIT
8.1
The following shall be deemed to be conditions to the issuance of every Permit
under this Bylaw:
(a)
Marking of Trees
Prior to the issuance of the Permit, the Owner shall cause all Trees
which are to be Injured, Removed, or Destroyed to be marked with
clearly visible marks of yellow or orange paint from Breast Height to
the base of the Tree so that when cut, the paint mark is split between
the butt of the log and stump after cutting.
(b)
Limitation of Damage to Residual Trees
During the course of injuring or Destroying Trees pursuant to a
Permit issued in accordance with this By-law, no Person shall:
(i)
Cause Major Damage to Trees forming more than 10% of the
total residual basal area of the portion of the property which
is the subject of the Permit;
(ii)
Cause Major Damage to Trees forming more than 15% of the
residual basal in the size class of 10 cm DBH or more in the
portion of the property which is the subject of the Permit;
(iii)
Cause Major Damage to Trees forming more than 15% of the
residual basal area in the size class of 10 cm DBH or less in
the portion of the property which is the subject of the Permit;
(iv)
Create or permit skid trails covering more than 20% of the
ground area in the portion of the property that is the subject
of the Permit.
(c)
Prior to the commencement of any work that would result in injury
to or destruction of Trees authorized pursuant to this By-law, the
Person causing such work to be carried out shall ensure that the
Permit is posted in a conspicuous place within the property.
Page 15 of 25
(d)
Conditions Required by the Director:
(i)
In addition to the above conditions, the Director may attach
conditions to the Permit which in the opinion of the Director
are reasonable and related to the purposes of this By-law or
the safety and convenience of the public that may include but
are not limited to the following:
1.
the manner and timing in which the injuring and
destruction of Trees is to be carried out;
2.
the qualifications of Persons authorized to Injure,
Remove or Destroy Trees;
3.
the species, size, number, and location of
replacement Trees to be planted; and
4.
measures to be implemented to mitigate the direct
and indirect effects of the injuring or destruction of
Trees on the natural environment including protected
Trees adjacent to or on the land where the Tree
destruction or injury is to take place; and
5.
Financial Assurance.
(e)
An Officer, a Director or any Person authorized by an Officer or
Director, may at all times enter upon and inspect any land for the
purposes of enforcing this By-law, determining compliance with this
By-law, determining compliance with terms and conditions of a
Permit issued under this By-law, determining compliance with an
Order issued under Section 12 of this By-law or laying charges
under this By-law.
9.0
DURATION OF PERMIT
9.1
Every Permit shall be issued to the Applicant and shall expire twelve (12) months
after issuance. The expiry date in the Permit shall be deemed to have been
extended to a date in the next month following the restricted period that would have
the effect of granting the Permit to an Owner for a full twelve-month period clear
and not including the restricted period.
9.2
The Director may extend the expiration date of a Permit if a written request for an
extension is received by the Director a minimum of ten (10) working days before
the date the Permit expires. Any request that is received after this time may require
Page 16 of 25
the submission of a new application. In no case shall the Director extend a Permit
for a period of greater than six (6) months.
10.0
REVIEW OF DECISIONS OF DIRECTOR
10.1
An Applicant for a Permit under this By-law may request a review by Council:
(a)
where the Director refuses to issue a Permit, within ten (10) days
after the refusal; or
(b)
it the Director fails to make a decision on a complete Application,
within sixty (60) days after an application is received by the Director,
or
(c)
if the Applicant objects to a condition in the Permit, within thirty (30)
days after the issuance of the Permit.
11.0
REQUIREMENTS FOR TREE PROTECTION PLANS, RE-VEGETATION PLANS
OR RE-NATURALIZATION PLANS
11.1
Every Tree Protection Plan, Re-Vegetation Plan or Re-Naturalization Plan shall be
signed
by
a
Registered
Professional
Forester as
defined
in
the
Ontario
Professiona( Foresters Act or an Arborist as defined in this By-law.
11.2
A Tree Protection Plan shall identify and include all requirements as set out in
Schedule 'B" of this By-law.
11.3
Every Re-Vegetation Plan or Re-Naturalization Plan shall be signed by an Arborist
or Professional as defined in this By-law.
11.3
The Township may request additional information on any Tree Protection Plan Re-
Vegetation Plan or Re-Naturalization Plan that is submitted with an application.
12.0
ORDERS
12.1
Where the Director, their designate or an Officer is satisfied that a Person has
contravened any provision of this By-law, the Officer may issue a "Stop Work
Order", an "Order to Remedy" or both and such Orders shall contain:
(a)
The municipal address of the land, this may also include the legal
description of the land and/or roll number associated with the land;
(b)
Reasonable particulars of the contravention(s); and
(c)
The period in which there must be compliance.
Page 17 of 25
12.2
The Orders issued pursuant to Section 12.1 of this By-law will require a Person or
corporation who has contravened any section of this By-law to:
(a)
Cease all work in relation to Tree cutting, limbing or pruning;
(b)
Submit a Re-Vegetation Plan or Re-Naturalization Plan that is
satisfactory
to
the
Township
and
which
is
completed
by
a
Professional in that field;
(c)
Submit a Tree Protection Plan satisfactory to the Township and
which is completed by a registered Professional forester;
(d)
Submit a satisfactory sketch of the property outlining all remedial
work that will be completed in order to revegetate or re-naturalize
the property.
(e)
Submit
Financial Assurance
sufficient
to
cover the costs
of
completing any requirement of the Township in fulfilling the Order;
(f)
Complete the works required in the Tree Protection Plans, Re-
Vegetation Plan or Re-Naturalization Plan in the timeframe provided
within the Order;
(g)
Eliminate any hazard or potential hazard from the Removal, limbing
or pruning of Trees and to restore the Site to a condition of safety
and/or its original environmental condition to the satisfaction of the
Township.
(h)
Undertake such further investigations as required by the Township
to identify the extent of any breach of this By-law and do work to
correct the contravention, as deemed appropriate by the Township.
(i)
Any other requirement as deemed necessary by the Director or
Officer.
12.3
Every Person to whom a "Stop Work Order" or an "Order to Remedy" is given shall
comply with it.
12.4
Any remedial work that is Ordered through a "Stop Work Order" or an "Order to
Remedy", at the
Officer's discretion
shall
be done
in accordance with
a
Professional's plan or a sketch of the property that identifies what remedial work
will be completed to satisfy the Order and shall be submitted to the Township within
the period of compliance provided for on the Order.
Page 18 of 25
12.5
An Order is not deemed to be complied with until the Professional's plan or sketch
of remedial work has been approved by the Township and the remedial work has
been completed to the satisfaction of the Township.
12.6
Any Order issued under this Section may be served personally and/or served by
sending it by registered mail, and/or email to the last known address of;
(a)
The Owner of the property at the address shown on the municipal
tax rolls;
(b)
The Person identified as contravening this by-law;
(c)
If sent via email, the Order shall be sent to the last known email
address of the Person(s) or corporation(s) to which the Order is
addressed.
12.7
Where service of an Order is made by registered mail, the Order shall be deemed
to have been served on the fifth (5ttI) day after the Order is mailed.
12.8
Where service of an Order is made by email, the Order shall be deemed to have
been served on the fifth (5tj day after the Order was emailed or upon a response
from the recipient of the Order.
12.9
Where service cannot be made under Section 12.6, it is deemed sufficient if the
Director, their designate or Officer places a placard containing the terms of the
Order in a conspicuous place on the affected lands and the placing of the placard
shall be deemed to be sufficient service of the Order on the Person to whom the
Order is addressed to.
12.10 If the Owner or Permit holder fails to do the work required by an "Order to Remedy"
or "Stop Work Order" issued pursuant to Sections 12.1-12.2 inclusive of this By
law within the period specified, the Township, in addition to all other remedies it
may have, may do the work and for this purpose may enter on the land with its
employees and agents. The costs incurred by the Township in so doing shall be
paid by the Owner of the land and may be recovered by the Township in the same
manner as property taxes or by drawing on the Financial Assurance provided.
12.11 Any costs incurred by the Township on behalf of an Owner as a result of remedial
action as outlined
in Section 12.10 of this By-law will also include interest
calculated at a rate of 15% per annum which is calculated for the period
commencing on the day the Township incurs the cost and ending on the day the
cost, including the interest, is paid in full.
12.12 The amount of the cost incurred could constitute a lien on the land upon which the
registration in the proper land registry office of a notice of lien. The lien is in respect
of all costs that are payable at the time the notice is registered plus interest accrued
Page 19of25
at the rate established in Section 12.11 of this By-law to the date full payment is
made.
12.13 Upon the Township receiving payment of all costs payable plus interest accrued
to the date of payment, the Township shall register a discharge of the lien in the
proper Land registry office at the expense of the Owner.
12.14 If a Person or corporation is not satisfied with the terms of an "Order to Remedy"
or a "Stop Work Order they may request an appeal to be heard by Council or any
appointed appeal bodylcommittee by submitting an appeal form within thirty (30)
days of receiving the Order upon paying the prescribed fees as set out in the
Township of Seguin Fees and Charges By-law.
12.15 When an appeal is heard by Council, Council has the power to confirm, modify or
rescind an "Order to Remedy" or "Stop Work Order". The decision of Council is
final and no further appeals are permitted
13.0
INSPECTION AND ENFORCEMENT
13.1
No Person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer
exercising a power or performing a duty under this By-law. Any Person who is
alleged to have contravened any of the provisions of this By-law shall identify
themselves to the Officer upon request, failure to do so shall be deemed to have
obstructed or hindered the Officer in the execution of his duties.
13.2
The Director, their designate or an Officer may, at any reasonable time, enter and
inspect any land to determine whether provisions of this By-law, a condition of a
Permit issued under this By-law has been complied with, or to ensure that an Order
issued under this By-law or Section 431 of the Municipal Act, 2001, has been
complied with.
13.3
For the purposes of conducting an inspection pursuant to Section 13.2 of this By
law, the Township may, in accordance with Section 436(2) of the Municipal Act,
2001;
(a)
Require the production of documents or things relevant to the
inspection;
(b)
Inspect and Remove documents or things relevant to the inspection
for the purpose of making copies or extracts;
(c)
Require information from any Person concerning a matter related to
the inspection;
Page 20 of 25
(d)
Alone or in conjunction with a Person possessing special or expert
knowledge,
make
examinations
or
take
tests,
samples
or
photographs necessary for the purpose of the inspection.
13.4
Upon completion of the work pursuant to the Permit, the Owner and/or Permit
holder shall contact the municipality for an inspection.
133
This By-law shall be administered and enforced by the Director, their designate or
an Officer.
14.0
OFFENCES AND PENALTIES
14.1
Every Person who contravenes any provision of this By-law, and every director or
officer of a corporation who knowingly concurs in the contravention of this By-law
by the corporation is guilty of an offence and on conviction is liable to a fine as
provided for in the Provincial Offences Act, R.S.O. 1990, c. P.33.
14.2
Every Person who contravenes the provisions of any section of this By-law, is guilty
of an offence under the provisions of the MunicipalAct, 2001, 5.0.2001, c. 25 as
amended and is liable on conviction to a penalty where the minimum fine shall not
exceed $500 and a maximum fine shall not exceed $100,000 exclusive of costs
under the provisions of the Municipal Act, 2001, S.C. 2001, c. 25 as amended.
14.3
Every director or officer of a corporation who contravenes any provisions of the
By-law is guilty of an offence under the provisions of the MunicipalAct. 2001, S.O.
2001, c. 25 as amended and is liable on conviction to a penalty where the minimum
fine shall not exceed $500 and a maximum fine shall not exceed $100,000
exclusive of costs under the provisions of the Municipal Act, 2001, S.C. 2001, c.
25 as amended.
14.4
Every Person who contravenes the provisions of any section of this By-law, and
every
director or officer of a
corporation
who
knowingly concurs
in the
contravention of the By-law by the corporation is guilty of an offence under the
provisions of the Municipal Act, 2001, S.C. 2001, c. 25 as amended and is also
liable for a special fine in circumstances where there is an economic advantage or
gain from the contravention of this By-law and the maximum amount of the special
fine may exceed $100,000.
14.5
If there is a contravention of any provision within this By-law, and the contravention
has not been complied with or corrected, the contravention of the provisions shall
be designated as a continuous offence for each day or part of a day that the
contravention remains uncorrected.
14.6
For the purposes of this By-law, if there is an offence respecting two or more acts
or omissions, each
of which
separately constitutes an
offence and
is
a
Page 21 of25
contravention of the same provision of this By-law, then the offence is deemed a
multiple offence.
14.7
For the purpose of continuous offences, every Person who contravenes any
provision of this By-law, and every director or officer of a corporation who
knowingly concurs in the contravention of this By-law by the corporation, is guilty
of an offence and is liable on conviction to a penalty not exceeding $10000 per
day or part thereof, exdusive of costs, under the provisions of the Municipal Act,
2001, S.C. 2001, c. 25 as amended.
14.8
For the purpose of multiple offences, every Person who contravenes any provision
of this By-law, and every director or officer of a corporation who knowingly concurs
in the contravention of this By-law by the corporation, is guilty of an offence and is
liable on conviction to a penalty not exceeding $10,000 per offence, exclusive of
costs under the provisions of the Municipal Act, 2001, S.C. 2001, a 25 as
amended.
14.9
Notwithstanding Sections 14.7 and 14.8, and in accordance with the provisions of
the Municipal Act, 2001, S.0 2001, c. 25 as amended, the total of all fines for
continuous offences or multiple offences is not limited to $100,000.
14.10 If an Order has been issued under this By-law, and the Order has not been
complied with, the contravention of the Order shall be designated as a continuous
offence for each day or part of a day that the Order is not complied with.
15.0
OTHER APPROVALS
15.1
The issuance of a Permit under this By-law does not excuse the Owner from
complying with other applicable federal and provincial legislation and municipal By
laws.
16.0
CONFLICT WITH OTHER BY-LAWS
16.1
Nothing
in this By-law shall exempt any Person
from
complying
with the
requirement of any By-law in force or from obtaining any license, permission,
Permit, authority or approval required under any By-law or legislation.
17.0
SEVERABILITY
17.1
If any section or sections of this By-law or parts thereof are found by any Court to
be illegal or beyond the power of the Council to enact, such Section or Sections or
parts thereof shall be deemed to be severable and all other Sections or parts of
this By-law shall be deemed to be separate and independent therefrom and
continue
in
full
force
and
effect unless
and
until
similarly found
illegal.
Page 22 of 25
18.0
INTERPRETATIONS
18.1
For the purposes of this By-law, all measurements are shown in metric and the
imperial equivalent is in brackets following. The metric measurement shall prevail
and the imperial equivalent is for reference only.
18.2
°m" in this By-law refers to metres.
18.3
In this By-law words used in the present tense include the future, words in the
masculine gender include the feminine and neutral; the singular number includes
the plural, and the plural includes the singular.
19.0
ADMINISTRATION
19.1
Schedules "A" and "B" shall form part of this By-law
19.2
This By-law may be referred to as the "Tree Conservation By-law".
20.0
EFFECTIVE DATE
20.1
By-law No. 2008-1 03 is hereby repealed
20.2
This By-law will come into force and effect on the date of passage.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED this 4 day of
March, 2024.
fl\Ctso
\u-scQ fl5\ç
iig Jeffery
Page 23 of 25
SCHEDULE "A" TO BY-LAW 2024-019
-- REQUIREMENTS
Information Required for Application
1.
Name, address and telephone number of all Owners.
2.
Signature or authorization of all Owners.
3.
Name1 address, and telephone number of Person retained to perform work on Trees
under Permit, and contact name if corporation or company.
4.
Municipal Address of property (if assigned)
5.
Legal description of property
6.
Number of Trees affected and the general location of said Trees in relation to
buildings or other features
7.
A Tree Protection Plan (where required) with requirements as set out in Schedule
"B'
8.
A Re-Naturalization Plan (where required)
9.
A Re-Vegetation Plan (where required)
Page 24 of 25
SCHEDULE "B" TO BY-LAW 2024-019
- TREE PROTECTION PLAN
REQUIREMENTS
Such plans will include (subject to the Director's discretion) the following but are not
limited to:
1.
Accurate plotting and identification of all Trees on the plan;
2.
Species referenced to municipal address, Ownership and location through an
accurate plotting and identification of all Trees;
3.
Diameter at breast height (DBH), measured in centimetres at 1.37 m above ground
level;
4.
Tree health/disease
5.
Crown spread, measured in metres on a drawing indicating the appropriate scale,
showing the extent of Tree foliage covering the lot;
6.
Soil compaction inside the Tree Protection Zone using methods approved by the
Township;
7.
Tree risk assessment for Trees deemed hazardous as assessed by the Registered
Professional Forester, must be provided in accordance with
' Best Management
Practices, Tree Risk Assessment, International Society of Arboriculture" as revised
from time to time, including a photographic record of each Tree as required by the
Township; and
8.
For each Tree identified as being preserved and each Tree recommended for
Removal, the valuation as determined by the most recent international Society of
Arboriculture's Guide for Plant Appraisal.
9.
Approved
Grading
plan.
This
requires
the
collaboration
of the Applicant's
engineering and arboriculture consultants;
10.
Approved servicing plan indicating water, sewer/storm, hydro, gas, bell, cable and
any other impacted
utility. This requires the collaboration of the Applicant's
engineering and arboriculture consultants;
11.
Tree Protection Zone (TPZ) limits;
12.
Appropriate signatures in accordance with the Tree Protection Plan and;
13.
The name and contact information for the Arborist responsible for monitoring the
implementation of the plan;
1&
Hand-drawn sketches will not be accepted.
Page 25 of 25
OFFICE OF THE RECIONAL SENIORJUSTICE
CABINET DU JUGE PRINCIPALE REC]ONALE
ONTARIO COURT OFJUSTICE
COUR DEJUSTICE DE L'ONTARIO
NORTHEAST REGION
RCGION DIJ NORD-EST
I59CEDAR STREET
59 RUECEDAR
3 FLOOR. su:TE 303
3' ETACE. BUREAU 303
S'JDBURY, ONTARIO P3E GAS
SUDSURY (ONTARIO)
P3E 6A5
TLEPHONEJTELEPHONE (705) 564-7624
FAX/TELECCPIEUR (705) 554-7620
March 18, 2024
Mr. Rory Payton, C.P.S.O, M.L.E.O.
Supervisor, By-law Services
Seguin Township
5 Humphrey Drive
Seguin, Ontario, P2A 2W8
Dear Mr. Payton;
Re: Set Fines
-- Provincial Offences Act
Pan I
-- Sequin Township, Parry Sound District
Thank you for your letter dated March 61h, 2024, directed to The Ministry of the Attorney
General, Crown Law Office-Criminal, regarding set fines for By-Law 2024-019.
I have had an opportunity to consider your request. For the reasons that follow,
I have set
appropriate amounts for the fines, which do not necessarily accord with the amounts you
requested.
A set fine is a sentencing process and must consider the circumstances of the offence, the
need
for deterrence
and
must also
consider proportionality
(minor versus serious
offences). Early guilty pleas are also an important consideration.
The set fine regime is meant to encourage out of court settlements, while also considering
the above principles and must also consider similar sentences for similar offences in the
region.
The setting of the fines does not constitute my approval of the short form of wording used
to describe the offences.
OFFICE OF THE REGIONAL SENICRJUSTICE
ONTARIO COURT OFJUSTICE
NORTHEAST RECION
I 59 CEDAR STREET
r FLOOR, SUiTE 303
SUDBL'RY, ONTARIO P3E 6A5
CABINET D'J JUGE PRINCIPALE REGIONALE
COUR DEJUSTICE DE LONTARIO
REGION DU NORDEST
1 59, RUE CEDAR
3' ETACE BUREAU 303
SUDBJRY (ONTARIO)
P3E 6A5
TELEPHONEJTELEPHONE (705) 564-7624
FAX/TELECOPIEUR (705) 564-7620
I have forwarded the copy of the Orders and the schedules of these set fines to the
Ontario Court of Justice in Parry Sound together with a certified copy of the By-Law.
Yours truly, 4/c
KAREN LISCHE
REGIONAL SENIOR JUSTICE
ONTARIO COURT OF JUSTICE
KLL/hrd
En ci.
cc.: His Worship Gary McMahon, Regional Senior Justice of the Peace
Her Worship Ruby Beck, Local Administrative Justice of the Peace
OFFICE OF THE REGIONAL SENIORJUSTICE
ONTARIO COURT OF JUSTICE
NORTHEAST REGION
159 CEDAR STREET
3d FLOOR, SUITE 303
SUDBURY, ONTARIO P3E GAS
March 18. 2024
Ms. Melissa Adams, Crown Counsel
Crown Law Office, Criminal
720 Bay Street, 10th floor
Toronto, Ontario
M5G 259
CABINET DU JUGE PRINCIPALE REGIONALE
COUR DEJUSTICE DE L'ONTARIO
REGION DU NORD-EST
1 59, RUE CEDAR
3. ETACE, BUREAU 303
SUDBURY (ONTARIO)
P3E 6A5
TELEPHONE/TELEPHONE (705) 564-7624
FAX/TELECOPIEUR (705) 564'7620
Dear Ms. Adams:
RE: Set Fines - Provincial Offences Act
Part I, Sequin Township, Parry Sound District
Please find enclosed a copy of an Order dated March 18, 2024, and a copy of a letter to
Mr. Row Payton, C.P.S.O, M.L.E.O., Supervisor, By-law Services.
Should you have any questions, please do not hesitate to contact me at (705) 564-7624.
Yours truly,
KAREN LISCHE
REGIONAL SENIOR JUSTICE
ONTARIO COURT OF JUSTICE
KLLlhrd
End.
OFFICE OF THE REGIONAL SENIORJUSTICE
ONTARIO COURT OFJUSTICE
NORTHEAST REGION
1 59 CEDAR STREET
3" FLOOR, SUITE 303
SUOBURY, ONTARIO P3E 6A5
CABINET DUJ'JGE PRINCIPALE REGIONALE
COUR DEJUSTICE DE LONTARIO
REGION DU NORD-ES3
1 59
RUE CEDAR
3' tTAGE, BUREAU 303
SUDBJRY (ONrARIO)
23E 6A5
TELEPHONE/TÉLÉPHONE (705) 564-7624
FAX/TELECOPIEUR (lOS) 564-7620
PROVINCIAL OFFENCES ACT
Part I
IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the rules for
the Ontario Court of Justice, that the amount set opposite each of the offences in the
schedule of offences under the Provincial Statutes and Regulations thereunder and
Municipal By-Law No. 2024-019, of Seguin Township, Parry Sound District, attached
hereto is the set fine for that offence. This Order is to take effect March 18, 2024.
Dated at the City of Greater Sudbury, this l8 day of March, 2024.
KAREN LISCRE
REGIONAL SENIOR JUSTICE
ONTARIO COURT OF JUSTICE
THE CORPORATION OF THE TOWNSHIP OF SEGUIN
PART I Provincial Offences Act
By-law 2024-019: Tree Conservation By-law
Column 2
--
Provision
creating or
defining the
offence
4.1
Column 3
Set fine
Item
Column I
Short form wording
Page 1 of 2
2
I
Injure/destroy/remove a tree within 20
metres of a Shoreline
Injure/destroy/remove a tree within an area
zoned Environmental Protection
4.2
3
Injure/destroy/remove a tree without a
4.3
permit
. 4
Fail to re-vegetate or re-naturalize a
4.4
-S406&6O-
_____ Tcoraw Access Road
5
Fail to comply with Order
4.6
$1000.00
6
Pull down or deface Order
4.7
$300.00
7
Fail to produce or post Permit
4.8
$300.00
8
Failtoerectsedimentationfence
4.10
--$.1000OO--
9
Fail to maintain sedimentation fence
4.11
-$-1000.Ofr
10
Injure/destroy/remove a tree contrary to
4.12
-€1000.00
I
Agreement
I
11
Injure/destroy/remove a tree before approval
4.13
i1000OW
has been issued
12
Fail to produce Arborist Report
4.14
$1000.00-
13
Injure/destroy/remove a tree while Permit is
710
-PI-000.0fr
expired or revoked
satt
$7.
4 -nt.
Page 2 of 2
14
Hinder or Obstruct Officer
13.1
S500OO
-
NOTE: The penalty provision for the offences indicated above is Section 14 of
No. 2024-019, a certified copy of which has been filed.