By-law 34-13 - To Regulate the Planting, Maintenance, Removal and Preservation of Trees on or Affecting Public Property — full text

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1 1 Strathroy-Caradoc Tree Bylaw and Policies - Bylaw 34-13 CORPORATION OF THE MUNICIPALITY OF STRATHROY-CARADOC Bylaw No. 34-13 TO REGULATE THE PLANTING, MAINTENANCE, REMOVAL AND PRESERVATION OF TREES ON OR AFFECTING PUBLIC PROPERTY WHEREAS Council deems it in the public interest to protect Strathroy- Caradoc's tree assets on Public Property to preserve the quality of life and environment for the present and future inhabitants, and to ensure that any necessary tree removal is considered in advance and carried out under conditions as may be imposed; AND WHEREAS the Municipal Act S.O. 2001, Chapter 25 as amended, (the Municipal Act) Sections 2 and 8 through 11, allows that Council may provide necessary and desirable services, manage and preserve public assets, foster environmental well-being, and exercise specific and general powers to act, and to regulate and prohibit the acts of others; AND WHEREAS the Municipality, pursuant to Section 135 of the Municipal Act may by bylaw prohibit or regulate the injuring or destruction of trees; AND WHEREAS the Municipality, pursuant to Section 141 of the Municipal Act may provide trees to the owners of land adjacent to any highway; AND WHEREAS the Municipality, pursuant to Section 62(1) of the Municipal Act may, at any reasonable time, enter upon land lying along any of its highways to inspect trees and conduct tests on trees; and to remove decayed, damaged, or dangerous trees or branches of trees if, in the opinion of the municipality, the trees or branches pose a danger to the health or safety of any person using the highway; AND WHEREAS the Municipality, pursuant to Section 62(2) of the Municipal Act may remove a decayed, damaged or dangerous tree or branch of a tree immediately without notice to the owner of the land upon which the tree is located, if in the opinion of the employee or agent, the tree or branch poses an immediate danger to the health or safety of any person using the highway; AND WHEREAS Committee of the Whole at a meeting April 2, 2013 recommended that the Tree Bylaw and Tree Planting Policy be referred to Council for approval; 2 2 Strathroy-Caradoc Tree Bylaw and Policies - Bylaw 34-13 NOW THEREFORE THE COUNCIL OF THE MUNICIPALITY OF STRATHROY-CARADOC ENACTS AS FOLLOWS: 1. Definitions and Application 1.1 In this Bylaw: a. "Contractor" means a person engaged by the Municipality to perform a specific activity or service, on or at a particular land or premises. b. "Council" means the Council for the Corporation of the Municipality of Strathroy and includes its successor. c. "Destroy" in relation to a tree includes any action which causes or results in the death of a tree, not limited to but including the acts of cutting, burning, knocking over the tree. d. "Director" shall mean the Director of Community and Cultural Services or his/her designate in writing. e. "Drip Line" means the area on the ground directly located under the outer circumference of the tree branches. f. "Emergency Work" means any work carried out by the Municipality, a public utility service, or other authority and its contractors, whether above and below ground level, which is work necessary in an emergency situation for maintenance, or to restore or ensure service is maintained. g. "Employee" means all employees, servants, and agents of the Municipality of Strathroy-Caradoc or contractors hired by the Municipality. h. "Highway" means a common and public highway under the jurisdiction of the Municipality of Strathroy-Caradoc; and includes any bridge, trestle, viaduct or other structure forming part of a highway and includes any portion of a highway to the full width thereof. i. "Improper Pruning" means trimming a tree so as to cause irreversible damage in a manner contrary to Good Arboricultural Practices. j. "Injure" includes any act or treatment which causes irreversible damage to a tree. k. "Municipal Law Enforcement Officer" means a person appointed as such under this or any bylaw of the Municipality. l. "Municipality" as the context requires, means the municipal Corporation of the Municipality of Strathroy-Caradoc or the geographical limits of the municipality. m. "Naturalized Area "means an area that has been set aside by the municipality for the undisturbed growth of any tree species where the desired effect is that of natural growth of any tree 3 3 Strathroy-Caradoc Tree Bylaw and Policies - Bylaw 34-13 species where the desired effect is that of natural growth, and for the purposes of this bylaw the term will include municipal woodlots and woodlands. n. "Pest" means any organism including, but not limited to, such things as insects or diseases whether viral, fungal, or bacterial, which directly or indirectly cause irreversible damage to the long-term health, vitality, and integrity of a tree. o. "Private Tree" means any tree which has greater than fifty (50) percent of its trunk diameter measured at ground level on private property. p. "Public Property" includes a highway, park, public unassumed alley, or any other public place or land owned by, or leased to, or controlled by, or vested in, the Municipality. q. "Public Tree" means any tree which has greater than or equal to fifty (50) percent of its trunk diameter measured at ground level on public property, and "public tree" shall be used interchangeably with "municipal tree", "municipally owned tree", or "Town owned tree". r. "Removal" means the elimination, in whole or in part, of a tree. s. "Tree" means a plant of any species of woody perennial including its root system, which has reached or can reach a height of at least 4.5 metres at physiological maturity. t. "Tree Maintenance" includes all operations of watering, trimming, pruning, spraying, injecting, fertilizing, treating, cabling and bracing and any other like activity. 1.2 This Bylaw applies to: - Persons within the Municipality of Strathroy-Caradoc - Public trees; and - Private trees, which pose a threat or hazard to persons or property on public property. 1.3 This Bylaw does not apply to trees in private woodlands. 2. Administration The Director of Community and Cultural Services of the Municipality of Strathroy-Caradoc is responsible for the day-to-day oversight and implementation of Strathroy-Caradoc's Tree Bylaw and Tree Program for the Municipality. The Director is hereby authorized to administer and enforce this bylaw and has delegated authority granted by Council to execute the provisions of this bylaw. 4 4 Strathroy-Caradoc Tree Bylaw and Policies - Bylaw 34-13 In addition to the authority otherwise provided in this bylaw, the Director or his designate is authorized to direct and oversee the performance of the following duties: 1. The planting, care, and maintenance of public trees; 2. The pruning or removal of trees a) Upon public property; b) Upon private property where the branches extend over public property and the removal is performed by Municipal employees or contractors; or c) Upon a highway where the branches or any public or private tree extend over a highway and the removal is performed the municipality's employees or contractors. 3. Funding/Budget A budget for new and replacement trees, required maintenance and tree removals, will be proposed annually for Council's consideration and approval, as part of the Community Development annual budget. The Director of Community and Cultural Services will carry out active solicitation of other funds through provincial and federal grants and programs, or through business, organization and service clubs that support and promote tree planting and care. 4. Prohibitions Against Injury or Destruction 1. No person shall undertake to or cause or permit the undertaking of any of the following actions towards a public tree: Injure, remove, disturb damage, destroy, cut above or below ground, spray, prune, or alter in any way, a public tree; without prior approval and of the Director; 2. Where a person reports having injured or damaged a public tree, or where a person is found to have injured or damaged a public tree, the Director or his designate shall issue an order requiring that the person arranges for payment of restitution. 5. Protective Measures for Trees During Construction Any person undertaking to perform any work within the drip line of a public tree, requires the consent of the Director, and shall follow the regulations and conditions listed herein. The following regulations shall apply to all contractors, engineers, architects and citizens working or affecting work in the vicinity of municipality owned trees. 5 5 Strathroy-Caradoc Tree Bylaw and Policies - Bylaw 34-13 Approvals Written permission must be obtained from the Director prior to commencing any development, construction, or activity within the drip line of municipally owned trees. Reporting and Notification All trees within the development areas are to be identified as public or private; a tree management plan must be submitted for all trees on public property, prior to grading. This plan should appear in chart form and list all species, diameters at breast height, proposed grade changes, property lines, proposed removals, relocations and trees to be preserved. The Director shall prepare a report to Council recommending which trees shall be preserved, removed, or relocated. Notice of Affected Property Owners and Owners of Property Abutting Public Property Where a tree has been designated for removal in accordance with this bylaw, a letter will be provided to the owner advising of the tree removal. The notice will also include plans for replacement of the tree. The letter shall be received two weeks prior to removal. Protective Measures All existing trees that are to remain on site, or on adjacent properties, shall be tagged and fully protected with fencing located beyond their drip line to the satisfaction of the Director or his designate. Tree protection zones may be expanded as required based on the species of the tree. These barriers are created to protect the roots, trunks and branches during development, as well as the understory and ground covers. Small lot by lot tree protection will require snow fencing with metal post enclosures. Long term development construction will require special page wire fencing or plywood to a minimum height of five feet. The type of fencing to be used is determined during the site inspection by the Director or his designate. Fences shall be located at a minimum of 0.5 times the crown radius of the tree from the drip line, 36-degrees around the perimeter of individual or clustered trees. Equipment shall not compact soil over the root zone of existing trees. To avoid damage to trees that are to be protected, access routes must be established away from protected areas. All excess roads or pathways regardless of how temporary must be identified and approved by the Director or his designate. Written permission must be obtained from the Director, prior to commencing any work such as tunneling, torpedoing, digging or 6 6 Strathroy-Caradoc Tree Bylaw and Policies - Bylaw 34-13 trenching within the drip line of any tree to minimize root injury, and to avoid soil compaction. At no time shall there be any placement, deposit, or storage of any stone, brick, sand concrete, soil or any other material or equipment which may impede the free passage of water, air, or nutrients to the tree. No cables or ropes of any type shall be wrapped around or installed in or on any trees. Under no circumstances, should any part of the tree that is to remain after construction is completed, have signs or fences nailed to it, or survey markings or paint applied to the tree. The Director or his designate will make period site inspection of all trees with the construction zone until the project is complete The Director must be notified immediately when any municipally owned tree is injured or destroyed during construction or development. Any tree deemed by the Director, to have died or declined as a result of construction related injury within 24 months after construction, will be removed by the Municipality and a suitable replacement tree will be planted. The cost of removal and replacement will be borne by the developer or contractor. 6. Planting of Trees 6.1 Prohibited Species No person shall plant or place, or cause or permit the planting or placing of a tree of type or species listed below upon public property; a. Acer negundo - Manitoba Maple; b. Acer saccharinum - Silver Maple; c. Populus spp. - Poplar Species; d. Salix spp. - Willow Species; e. Ulmus pumila - Siberian Elm; or f. Ginkogo biloba - female only g. (others as may be found to be diseased) h. Coniferous Trees: Unless authorized by the Director in writing, no person shall plant or place, or cause or permit the planting or placing of any coniferous trees upon public property. 7 7 Strathroy-Caradoc Tree Bylaw and Policies - Bylaw 34-13 6.2 New Subdivision Trees In all newly built subdivisions, the developer is responsible for the planning and cost of tree planting. The Developer submits a plan to the Municipality for approval. Within one year of assumption, the Municipality of Strathroy-Caradoc will use that plan and tender a contract to have all the trees planted within that subdivision and invoice the developer for that amount. This allows the Municipality to retain control of the quality of planting and enable staff to accurately inventory the trees and follow up on the 2 year warranty of the trees. The planting will be done in accordance with the Municipality's guidelines for tree planting. Plans of Subdivision with multiple phases will be required to plant trees at the assumption of each phase of the Subdivision. 7. Planting of Infill Trees Replacement Subject to budget and/or available funding, the Municipality of Strathroy-Caradoc will try to replace all trees that have been removed due to construction, storms, or poor health. When possible, this will take place within one year of the tree being removed. Each site is assessed to determine if there is room to replant. The size of the tree to be planted is based on the amount of available soil and presence of utilities, both above and below ground. This assessment is based on the Municipality of Strathroy-Caradoc guidelines for planting trees. Homeowners will be notified in advance and it is possible for them to request a specific tree from our list of approved trees. Request from the Public Subject to the annually approved municipal budget, homeowners in the Municipality of Strathroy-Caradoc may request to have a tree planted on the boulevard in front of their house. The municipality will assess that site. All requests will be accommodated within one year, when possible. Pro-Active Planting The Municipality will engage in actively planting on the boulevard spaces. It is our commitment to reforest any boulevard space. 8. Downtown Projects The Municipality of Strathroy-Caradoc will actively bring trees to the core areas when possible by utilizing current technology to create planting spaces which will sustain trees. 8 8 Strathroy-Caradoc Tree Bylaw and Policies - Bylaw 34-13 9. Planting Trees on Public Property No person shall, without prior written consent of the Director, plant or cause to be planted any tree on public property. The Municipality reserves the right, at its sole discretion, to plant, or to have planted, trees on any portion of the public property. All trees planted by the Municipality, or by any contractor, developer, or person, on public property, are subject to this bylaw as well as: - The Municipality of Strathroy-Caradoc Street Tree Planting Policy Guidelines attached as Schedule "A" and Appendix "A" Approved Street Trees Listing; and - The Municipality of Strathroy-Caradoc Servicing Standards. 10. Notwithstanding Section 9 a. Any tree planted on public property, with or without the consent of the Director, is the property of the Municipality and is deemed to be a public tree, and is subject to all terms and conditions as set out in this Bylaw; b. For greater certainty, a tree referred to in subsection (a) above may be treated as a public tree or removed as provided for in this Bylaw, and in particular, any tree removed by the Municipality maybe removed without compensation owing by the municipality, and if removed by someone other than the Municipality without the required permission for removal by the Municipality, may result in enforcement, claims for compensation, and replanting costs and orders, and if such tree planted is a prohibited species, may be removed by the Municipality or its contractors at the expense of the person planting or causing such planting to occur. 11. Tree Planting on Private Property 1. Any tree planted on private property, whether planted by the Municipality or by any other person, is the property of the land owner and as such is the owner's sole responsibility. 2. The owner of property on which a private tree is standing shall not permit or leave the tree or branches thereof projecting over the highway in such manner as to obstruct the reasonable and safe use of the highway and sidewalk. 12. Removal of Trees All authorized public tree removals and all private tree removals or pruning carried out by or on behalf of the municipality shall be performed or under the direction of a tree care professional. 9 9 Strathroy-Caradoc Tree Bylaw and Policies - Bylaw 34-13 13. Public Tree Removals The Director is authorized to remove or cause to be removed a tree or part thereof on public property when it is considered "necessary for the public interest" as described in Section 17 of this bylaw. 14. Council Must Grant Approval Where it has been determined that the removal of public trees is required for Planning and Development Projects, or for Municipal Operations, Council must grant approval and will be provided with the following information: - Identification of all municipal trees on the affected site; - Identification and quantification of all municipal trees being considered for removal; - Identification of the species for each tree being considered for removal; - The diameter at breast height measurement for each tree being considered for removal. 15. Trees Replaced When possible, trees which have been removed shall be replaced. Where possible, the species of replacement trees shall be akin to the original tree that was removed. In those cases where this is neither practical nor feasible, the Director will choose from a list of appropriate species from which replacement trees shall be planted. 16. Notification Requirements Where a tree has been designated for removal, the property owner or abutting property owner, in the case of a boulevard tree, shall be advised by way of a registered or land delivered letter. Said letter will advise when the tree will be removed and also, when possible, when the tree will be replaced. 17. Tree Removal - Necessary for the Public Interest For the purpose of Section 16, "necessary for the public interest" means removal for one or more of the following reasons: 1. A tree is decayed in whole or in part; at the discretion of the Director or his designate; 2. A tree that has failed, or in its current physiological condition has the potential to fail, and by its failure, or potential failure, poses a direct and immediate threat to public property or to individuals using public property; 10 10 Strathroy-Caradoc Tree Bylaw and Policies - Bylaw 34-13 3. A tree that is a source, host, or infested with any pest which directly or indirectly causes irreversible damage to the long-term health, vitality, longevity, and integrity of a tree; 4. A tree whose structural value, or integrity, as determined by the Director, has been seriously compromised by construction, weather related events or by pruning; 5. A tree planted along a highway which obstructs or impedes the safe use of the same; 6. A tree whose root system has been proven to compromise the structural integrity of the foundation of any building; or 7. A tree of poor quality, or undesirable species whose removal is required to facilitate new street tree plantings. 18. Naturalized Areas 1. No person shall remove, or cause, or permit the removal of any public tree that has fallen in a naturalized area from such area. 2. Any public tree that has fallen in a naturalized area and impedes the use of the public property may be cut back by the Municipality so as to provide safe access and use of the public property, however, the tree may not be removed from the area. 19. Private Trees 1. Pursuant to section 62 of the Municipal Act, 2001, and in accordance with section 431 of that Act where required, a municipal employee or a contractor of the municipality, for the purpose of tree trimming in relation to highways or for the maintenance of highways, may where necessary, at any reasonable time enter on lands adjacent to any of its highways to: - Inspect or conduct tests on trees; or - Remove decayed, damaged or dangerous trees or their branches, where in the opinion of the employee or contractor, the tree or branch poses a danger to the health and safety of any person using the highway. 2. Pursuant to subsection 62(2) of the Municipal Act, 2001 a municipal employee or a contractor, where such person is of the opinion that a tree or branch of land adjacent to the highway poses an immediate danger to the health and safety of any person using the highway, where necessary, may enter the land without notice to remove the tree or branch. 11 11 Strathroy-Caradoc Tree Bylaw and Policies - Bylaw 34-13 3. The owner of private property shall ensure that all trees growing partially on public property are maintained in good condition and state of repair, free of decay or damage, such that the tree or branches thereof do not pose a danger to persons on Municipal properties or its highways. 4. The obligations in subsection 19.3 shall be deemed to include the requirement of the owner to cause or carry out such inspections and testing as are reasonable necessary to determine the condition of the private tree and its branches. 20. Enforcement Staff responsible for the Administration of this bylaw, a Municipal Bylaw Enforcement Officer or Police Officer may enforce the provisions of this bylaw. 21. Penalty and Remedies for Breach or Contravention 1. Any person contravenes this bylaw is, upon conviction, guilty of an offence and is liable to any penalty as provided in the Provincial Offences Act. 2. Where under this bylaw a person is required or directed that a matter or thing be done and the person defaults or otherwise fails to comply, the Director may, pursuant to section 427 of the Municipal Act, carry out the thing or cause the matter to be done at the person's expense, and recover the Municipality's costs as defined in that section by action or by adding the costs to the tax roll for the person and collecting them in the same manner as taxes. 22. Severance Should a court of competent jurisdiction declare a part or whole of any provision of this bylaw to be invalid or of no force or effect, the provision or part is deemed severable from this bylaw, and it is the intention of Council that the remainder survive and be applied and enforced in accordance with its remaining terms to the extent possible under law. 23. Short Title The Short Title of this Bylaw shall be "The Municipality of Strathroy- Caradoc Tree Bylaw". 24. Bylaw/Policies - previous Any previous municipal polices and bylaws which are inconsistent with the content of this bylaw are hereby repealed. 12 12 Strathroy-Caradoc Tree Bylaw and Policies - Bylaw 34-13 25. Effective Date This bylaw shall come into force and effect on the day of its final passage in Open Council. Read a First, Second and Third Time and Finally Passed in Open Council this 15th day of April, 2013 Original signed by Brad Richards Original signed by Angela Toth ________________________ _________________________ Deputy Mayor Clerk Tree Planting Policy - Schedule 'A' Bylaw 34-13 Page 1 Schedule "A" to Tree Bylaw No. 34-13 Adopted by Council April 15, 2013 MUNICIPALITY OF STRATHROY-CARADOC TREE PLANTING POLICY The municipality recognizes that trees beautify the landscape, reduce the impact of extremes in weather, provide habitat for wildlife, add value to property and contribute to a healthy environment. Council encourages municipal operations that are considerate of these values and benefit through the Tree Bylaw and Tree Planting Policy. The Council of the Municipality of Strathroy adopted a Tree Bylaw in order to regulate the planning, maintenance, removal and preservation of trees. In accordance with the Tree Bylaw, this document provides guidance with respect to planting trees on public property and provides a list of trees which are acceptable for planting. (Appendix A). Other trees may be considered subject to acceptance under the guidance of tree professionals. This document has been drafted for new development; however, can be used as a general guideline for all planting on public property. Developers will also receive Strathroy-Caradoc Servicing Standards along with this Policy for new subdivisions and new development. Tree Planting Policy - Schedule 'A' Bylaw 34-13 Page 2 POLICY Security Security is required to ensure that funds are available in the event of default by the developer. Currently, this is a standard subdivision development requirement and will continue to be required in the amount of $25.00 per linear metre of street frontage (both sides) within the plan of subdivision, plus a 15% administration fee. The developer will provide at least 1 tree and the required soil habitat for each residential unit (single, semi-detached, townhouses) built. Planting Plan The developer will submit a planting plan showing actual planting locations (with all site amenities known and shown on the plan) and proposed species of trees (common and Latin names shown). The services of an Ontario Registered Professional Forester (R.P.F.) or a member of the Ontario Association of Landscape Architects (L.A.) in good standing must be retained. This will ensure that an appropriate planting plan is in place which considers species diversity, tree form, location, design and soil conditions. The planting plan must be stamped by the R.P.F. or L.A. and be shown on the standard plan of subdivision drawing or grading plan which shows lot dimensions (particularly frontages) as prepared by the consulting engineer. The plan will be reviewed and approved by Municipal Staff. The plan is to be submitted to the Municipal Building and Planning Department for review. Guidelines for Planting Plan Preparation Trees should be shown approximately every 8m - 15m where practical and where growing space is available. Since large trees contribute more to the environment than small ones, the largest tree that fits the location is to be planted, considering eventual size at maturity. All trees are to be planted on Municipal property. The following guidelines will assist: Lot Width Considerations  Plant one tree per lot centred approximately in the green space between the side yard property boundaries.  Where lot width is less than or equal to 9M (30 ft), plant one tree per lot selecting an ornamental or medium shade, depending on spatial constraints, from the Approved Street Trees list, attached as Appendix "A".  Where lot width is between 9M (30 ft) and 15M (50 ft), plant one tree per lot selecting a medium shade tree or large shade tree species from the Approved Street Trees list, attached as Appendix "A". At or Before Assumption At Development Agreement Stage Tree Planting Policy - Schedule 'A' Bylaw 34-13 Page 3  Where lot width is 15M (50 ft) or larger, plant one tree per lot selecting a large shade tree from the Approved Street Trees list, attached as Appendix "A". LOT WIDTH <9.0 m. (<30') 9 - 5 m. (30-50') >15.0m. (>50') BLVD. WIDTH >2.0m. (>6 ft) Ornamental or Medium Shade Medium or Large Shade Large Shade 1.5-2.0 m. (4'-6') Ornamental or Medium Shade Medium Shade Medium Shade 1.5 m. (<4') NO TREE NO TREE NO TREE NO SIDEWALK Ornamental or Medium Shade Medium Shade Large Shade OVERHEAD HYDRO PRESENT Ornamental Ornamental Ornamental Curb To Property Line Considerations  Where no sidewalks exist or where sidewalk construction is not planned, trees are to be shown one meter outside the private property boundary on municipal property.  Where a boulevard between curb and sidewalk exists, that is greater than 2.0 m. (6 Ft), trees are to be shown in the centre of the boulevard - assuming no overhead utility.  Where a boulevard between curb and sidewalk exists that is 1.5 m. (4 ft) to 2.0 m. (6 ft) ornamental or medium shade trees are to be shown in the centre of the boulevard.  Trees are not to be planted on boulevards which are less than 1.5m (4 ft) wide. Site Considerations  Plant only ornamental tree varieties under high voltage overhead utility wires. Large and medium shade trees are permitted near single phase, street light cable and homeowner service cables. The leader of the tree should not be directly under such wires.  No tree is to be shown closer than 2.0 m. (6.7 ft) to a driveway, lead sidewalk going into a property or underground hydro vault (transformer).  No tree is to be shown closer than 15.0 m. (50 ft) to a stop sign or traffic signal light.  No tree is to be shown closer than 6.0 m. (20 ft) to a street light pole or fire hydrant.  Trees only are required for cul-de-sac island or roundabout areas and will be shown on the planting plan. The cost for any shrub or perennial plantings will be at the expense of the developer and will be shown on the planting plan for review and approval in accordance with Municipal guidelines and specifications. Planting of shrubs and/or perennials should coincide with planting of trees. Should this be required in advance of scheduled planting operations Tree Planting Policy - Schedule 'A' Bylaw 34-13 Page 4 by Municipal staff (ie: for model homes, etc.), the developer should discuss the scheduling of this planting with Municipal staff prior to work being carried out.  Trees should not be shown in a direct line with the drainage swale between lots. Design Considerations Uniform, mature street trees are the most visible and desirable component of our streetscapes. However, to increase resistance to insect and disease problems, tree species must be mixed to avoid a continuous mono-culture situation. Where several phases make up the Plan of Subdivision, the plan should reflect the character of plantings in adjacent phases.  No more than five of any one species or variety is to be shown on one side of the street in a row. Trees should be matched one side of the street to the other (maximum of 10 matched trees) to provide a 'closed canopy' effect at maturity.  At intersections, a maximum of 24 trees only may be shown in a 'block' (ie: 3 trees on each side of each corner).  Where several phases make up the M-Plan, the plan should reflect the character of plantings in adjacent phases.  In order to integrate species diversity into each plan, the species mix should endeavour to provide no more than 15% of any one species (percentage of the entire number of trees within the plan). Individual phases may diverge from this percentage if deemed reasonable (ie: cul-de-sac of 12 lots) so long as the overall objective of 15% species mix is maintained within the plan of subdivision.  Trees with similar shape, (eg. Vase, oval, upright) are to be selected to provide a closed canopy effect.  No species other than those listed in Appendix "A" are to be shown on the planting plan without prior consultation with Municipal staff. Other species may be considered within the context of the location chosen to place these trees. Take care to recognize all characteristics of the mature tree in making species selections.  Trees with large or messy fruit may be planted only in limited situations; trees with large thorns are not permitted and species such as poplar and willow are banned for street tree planting. Coniferous needle-bearing trees or other species will not be planted on the right- of-way where they will cause sight line obstructions but may be considered if the location supports placement of this type of tree.  Ash species shall make up not more than 5% of the species mix per plan - no exceptions. Tree Planting Policy - Schedule 'A' Bylaw 34-13 Page 5 Planting Once the planting plan is approved at time of assumption, the Municipality of Strathroy-Caradoc will implement street tree planting before end of warranty of the subdivision through Strathroy-Caradoc tender processes and administration. Species Substitutions The Municipality will implement the tree planting plan, as accurately as possible, with the tree species specified. Once the planting plan is prepared, substitutions will be done only as necessary and should not be a common occurrence, with pre-planning. Should species require substitution due to unforeseen circumstances, the Municipality reserves the right to substitute with a suitable species without further consultation or approvals through the developer. Timely Planting The Municipality of Strathroy-Caradoc will commit to planting trees within one year of assumption. Any subdivisions assumed prior to October 1 of the current year would be incorporated into the Tender process for planting the following year. If assumptions are processed after that date, they could possibly be planted the following year, depending upon availability of plant material specific to the planting plan, but could not be guaranteed, depending upon when the Tender documents are distributed. Fee There are several components which comprise the cash-in-lieu amount charged for street tree planting. The fee must cover all costs associated with implementing the program, including the cost to supply and install the tree, a one (1) year replacement warranty policy and associated administration costs (planning, organizing and implementing of tree planting as well as surveying and compliance checks). Once the trees are planted, the Municipality will forward an invoice to the developer reflecting the actual cost of planting trees in that subdivision with an additional 15% administration fee (plus all applicable taxes). Fee Payment for tree planting as invoiced by the Municipality is a requirement at time of end of warranty of the subdivision. If payment is not received, end of warranty will not be granted. Security Once payment for street tree planting has been received (as invoiced), the developer will be released from all obligations in this regard and the Building and Planning Department will be authorized to release all securities held for such. Post Assumption At End of Warranty Tree Planting Policy - Schedule 'A' Bylaw 34-13 Page 6 Public Relations Should home owners inquire about tree planting operations, the developer will explain that trees will be planted post-assumption. Further inquiries may be directed to the Municipality of Strathroy-Caradoc. Community Development Department Municipality of Strathroy-Caradoc 52 Frank Street Strathroy, On N7G 2R4 (519) 245-1070 Procedure Summary  The developer will submit security amount at time of development agreement;  The developer will provide a planting plan for review and approval at time of assumption;  Municipal staff will ensure the planting of the trees between assumption and end of warranty of the subdivision;  The Municipality will invoice the developer for tree planting operations;  The developer will forward payment as invoiced to the Finance Division, Municipality of Strathroy- Caradoc;  Municipal staff will acknowledge receipt of payment and communicate to the Building and Planning Department that all requirements with regards to tree planting have been met for the area being assumed;  Municipal staff will authorize release of securities held;  Payment for street tree planting is a requirement at end of warranty. If payment has not been received, end of warranty will not be awarded and securities will continue to be held until such time as payment is received. Other Tree Planting Policy - Schedule 'A' Bylaw 34-13 Page 7 APPROVED STREET TREES APPENDIX "A" The selection of trees for individual locations is a difficult process. It must give careful consideration to the neighbourhood and the existing conditions including soil type and volume, moisture, available growing space above ground, proximity to hard physical plant (hydro wires, gas, lighting, hydrants, vaults, sidewalks) and future rooting and growing space demands. In recommending the species in the table we recognize that they are not all suitable for all locations. Carefully select the species which possesses the characteristics which most closely meet the environmental conditions of each site. As well, not all cultivars of each species are listed. The design professional may suggest species not listed, and they will be reviewed by Municipal staff through the approval process. Other Considerations: STRESS - Consider the tolerance to conditions such as compacted soil, diseases, drought, insects and road salt spray; TIME - Consider which species can be transplanted/moved at specific times in the year (example: Spring only for some species such as Oak and Red Maple); NATIVE - Consider the suitability of trees indigenous to this region where possible as site conditions allow; FRUIT - Consider the size and season and abundance of fruit produced by some species making them less desirable in specific locations; DISEASE - Consider the potential for widespread mortality and costly removal and replacement programs generating public and political complaints with trees such as Norway maple (Verticillium wilt) American elm (Dutch Elm Disease) and Austrian Pine (Diplodia tip Blight). Avoid mass planting of single species. VARIETY: In an effort to promote long term sustainability, cost effective block trimming operations and increase ability to manage street tree risk management, we encourage a variety of tree species on each and every street. We also support aesthetically pleasing street tree designs and therefore encourage the planting of tree species mixtures which have similar form. Tree Planting Policy - Schedule 'A' Bylaw 34-13 Page 8 APPROVED STREET TREES APPENDIX "A" *top rated TREE NAME NATIVE GENERAL COMMENTS FORM SIZE Acer campestre Hedge Maple Non-native Compact form/trunk suckers require extra maintenance/best on dry alkaline soil/yellow fall colour Rounded Medium Acer ginnala Amur Maple (Single Stem only) Non-native Compact form/red & yellow face colour/lots of seeds/tends to sucker/specify single stem form Founded Ornamental Acer platanoides Norway Maple Non-native Surface roots conflict with and turf/girdling roots/aphid and wilt problems. Not to be used near river corridors as seeding is heavy. Rounded Medium 'Columnar Non-native Narrow form, 60' potential. For use where crown growing space is restricted. Columnar Medium 'Crimson King' Non-native Dark maroon foliage all season Rounded Medium 'Deborah' Non-native Red foliage in spring and fades to dark green by late summer/girdling roots Rounded Medium 'Emerald Queen' Non-native Excellent upright form Rounded Medium 'Olmsted' Non-native Good narrow form Columnar Medium 'Schwedleri' Non-native Red foliage in spring & fades to dark green by late summer Rounded Medium 'Erectum' Non-native Short lateral branches, very narrow form Columnar Medium 'Superform' Non-native Excellent upright & tight form Oval Medium Acer pseudoplatanus Sycamore Maple Non-native Very pollution and salt tolerant/cankers cause high maintenance Oval-Rounded Large *Acer rubrum Red Maple 'October Glory' 'Red Sunset' Native to Canada Green summer foliage & yellow to red fall colour/tolerates wet soil Oval-Rounded Medium Acer tataricum Tatarian Maple (Single Stem Only) Non-native Good red & yellow fall colour/tends to sucker/lots of seeds Rounded Medium Aesculus glabra Ohio Buckeye Non-native Untested in London area and may suffer winter problems/likes moist soil Oval Medium Aesculus hippocastanum Horsechestnut Non-native Good spring flower with no fruit/limit use due to disease susceptibility Rounded Large Alnus glutinosa Eropean Alder (Single Stem Only) Non-native Showy flower & fruit/tolerant of wet & dry soil Pyramidal Medium Tree Planting Policy - Schedule 'A' Bylaw 34-13 Page 9 APPROVED STREET TREES APPENDIX "A" TREE NAME NATIVE GENERAL COMMENTS FORM SIZE *Amelanchier Canadensis Shadblow Serviceberry (Single Stem Only) Native to Canada Difficult to maintain single stem/4 season interest/tolerates moist soil Rounded Ornamental *Carpinus betulus 'Fastigiata' Fastigiate European Hornbeam Non-native Oval/vase shaped tree/difficult to transplant/keep away from road salt & spray Pyramidal- Oval Medium Carpinus caroliniana Blue beech or Musclewood Native to Canada Difficult to transplant/keep away from road salt & spray/likes wet soil/thin bark and sculptured trunk Rounded Medium Celtis laevigata Sugar Hackberry Native to Canada Compact form/good in moist soils Vase Large Celtis occidentalis Common Hackberry Native to Canada Requires pruning for witches broom and general form/good substitute for elms Vase Large Cercidiphyllum japonicum Katsura Tree (Single Stem Only) Non-native Difficult to transplant/orange fall colour/thin bark/needs supplemental water Rounded Large Cladrastis kentukea (lutes) Yellowwood (Single Stem Only) Non-native Few problems/use local seed sources or stock only/prune early Rounded Medium Corylus colurna Turkish Hazal Non-native Good form/difficult to transplant/winter interest/needs supplemental water Pyramidal Large *Crataegus (varieties) Hawthorns Non-native Thornless & disease resistant varieties only. For use in limited circumstances Rounded Ornamental Fagus sylvatica European Beech Non-native Needs moist soil/different leaf colours with varieties/sensitive to activity within root zone/leaves persist through winter/thin bark Oval-Rounded Large Fraxinus Americana White Ash Native to Canada Fraxinus species to be no more than 5% of any planting plan. Large tree/tolerates dry soil/susceptible to die back & numerous insects. (Manitoo is an upright variety) Rounded Large Fraxinus pennsylvanica Green Ash -'Marshall's Seedless' -'Patmore' -'Summit' Native to Canada Fraxinus species to be no more than 5% of any planting plan. Fast growing/shiny, dark green leaves/five to nine leaflets/adaptable to poor/wet soils/susceptible to Emerald Ash Borer Oval-Rounded Medium *Ginkgo biloba Maidenhair tree (Male variety only) Non-native Good yellow fall colour/thin bark/tolerant of city conditions & pollution/slow growing but very large at maturity/virtually pest and disease free Pyramidal Spreading Large APPROVED STREET TREES APPENDIX "A" Tree Planting Policy - Schedule 'A' Bylaw 34-13 Page 10 TREE NAME NATIVE GENERAL COMMENTS FORM SIZE Quercus alba White Oak Native to Canada Needs moist soil/fruit maintenance/needs large space at maturity Rounded Large Quercus robur 'Fastigata' Fastigate English Oak Non-native Needs well drained soil/holds leaves through the winter/difficult to transplant/very upright in form-reserve for sites with specific need for this form Columnar Large Quercus rubra English Oak Non-native Needs well drained soil/difficult to transplant/large size at maturity Rounded Large Quercus rubra Red Oak Native to Canada Needs sandy loam soil/difficult to transplant/more salt tolerant and faster growing than other oaks Rounded Large Sophora japonica Japanese Pagoda Tree Non-native Excellent white flower/green stem when young/limit use due to messy characteristics Spreading Large Sorbus aria Whitebeam Mountain Ash Non-native Leathery, gray-green leaves/white flowers in May/fall colour varies from pale green to golden brown to reddish Pyramidal- Oval Medium Sorbus aucuparia European Mountain Ash Non-native Small flower & orange fruit/disease & insect problems/limit use due to fruit and other problems Oval Medium Sorbus xthuringlaca Oakleaf Mountain Ash Non-native Forms a tight, rounded crown/White flowers/red fruit/Leathery dark green leaves Rounded Ornamental *Syringa reticulate Japanese Tree Lilac -'Ivory Silk' Non-native Good white summer flower/excellent small specimen Rounded Ornamental Tilia Americana Basswood Native to Canada Prefers deep moist fertile soil/will grow on drier heavier soil/needs large space Oval Large Tilia cordata Littleleaf Linden -'Glenieven' -'Greenspire' Non-native Prefers deep moist fertile soil/will grow on drier heavier soil/needs large space Oval Large Tilia x euchlora Crimean Linden Non-native Showy & fragrant flowers/fruit messy/suckers from base/limit use - For use in limited circumstances Rounded Medium Tilia tomentosa Silver Linden Non-native Larger leaves than Tilia cordata - dark green above, silvery beneath/heat and drought tolerant Pyramidal- Oval Medium Ulmus carpinifolia Smoothleaf Elm -'Homestead' -'Pioneer' -'Sapporo Autumn Gold' Non-native Aggressive species/arching form/elm leaf beetle susceptible/limit use due to dutch elm disease Vase Large *Zelkova serrate Japanese Zelkova -'Green Vase' -'Village Green' Non-native Rapid growth/narrow branch angles promote fork split/frost susceptibility when young Vase Large APPROVED STREET TREES APPENDIX "A" Tree Planting Policy - Schedule 'A' Bylaw 34-13 Page 11 TREE NAME NATIVE GENERAL COMMENTS FORM SIZE *Gleditsla triacanthos Var inermis Thornless Honeylocust -'Shademaster' -'Skyline' Non-native Provides a filtered shade/susceptible to defoliation by leafhopper/susceptible to canker and other pests and diseases Spreading Medium Gymnocladus dioicus Kentucky coffeetree Native to Canada Low branched tree with narrow head/broad, rounded crown/reserve for lawn areas Oval Large Halesia tetraptera Carolina Silverbell Native to Canada Low branched tree with narrow head/broad, rounded crown/reserve for lawn areas Rounded Medium Juglans nigra Black Walnut Native to Canada Messy fruit/needs large area For use in limited circumstances Oval Large Koelreuteria paniculata Goldenraintree Non-native Good yellow flower & fruit/susceptible to winter damage/weak/Reserve for lawn areas/borderline hardiness Rounded Medium Liriodendron tulipifera Tuliptree Native to Canada Good flowers and yellow fall colour/local sources/moist well drained soil/very large tree most appropriate for lawn areas/somewhat weak wooded Rounded Large *Maackia amurensis Amur Maackia Non-native Small, round headed tree/slow growing/summer flowering/bronze coloured bark Rounded Ornamental Malus (most) Flowering & Domestic Crab Apple Non-native Good flowers/fruit usually maintenance problems/disease & insect problems/tolerates most soils, select fruitless or persistent fruit varieties Spring Snow, Sugar tyme, Snowdrift, Red Jewel, Harvest Gold, Centurion, Radiant, Brandywine, Prince Georges, Profusion, Red Snow, White Candle. For use in limited circumstances Rounded- Spreading Ornamental Phellodendron amurense Amur corktree Non-native Good winter texture in bark/lots of black berries/use in protected areas Spreading Medium Platanus x acerifolia London Planetree Non-native Frost cracks on trunk/attractive peeling bark/fruit can cause problems/very large at maturity-reserve for large lots and lawn areas Spreading Large Prunus (varietles) Ornamental Cherry/Columnar/ Sargent/Kkwanzan Non-native Excellent flowers with no fruit/single stem to be specified/weeping cankers For use in limited circumstances Vase Ornamental *Pyrus calleryana Callery Pear -'Chanticleer' Non-native Good flowers/may have good fall colour/lush shinny leaves/fireblight problems Pyramidal Ornamental Quercus macrocarpa Bur Oak Native to Canada Large size at maturity-reserve for large lots and lawn areas/fruit drop/difficult to transplant/requires good soils Rounded Large