Tree By-law 13-19 (Office Consolidation, incl. By-law 10-23) — full text

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Township of Zorra Tree By-law 13-19 Office Consolidation Amending By-law By-law 10-23 Disclaimer: The following consolidation is an electronic reproduction made available for information only. It is not an official version of the by-law. The format may be different, and plans, pictures, other graphics or text may be missing or altered. The Township of Zorra does not warrant the accuracy of this electronic version. This consolidation cannot be distributed or used for commercial purposes. It may be used for other purposes only if you repeat this disclaimer and the notice of copyright. Official versions of all by-laws can be obtained from the Clerk's Department by calling 519-485-2490. The Corporation of the Township of Zorra Page 2 By-law No. 13-19 CORPORATION OF THE TOWNSHIP OF ZORRA BY-LAW NO. 13-19 BEING A BY-LAW TO AUTHORIZE AND REGULATE THE PLANTING, MAINTENANCE, PROTECTION, PRESERVATION AND REMOVAL OF TREES ON TOWNSHIP PROPERTY OR OVER OR ADJACENT TO HIGHWAYS UNDER THE JURISDICTION OF THE MUNICIPALITY AND TO REPEAL BY-LAW 21-01, AS AMENDED. WHEREAS subsection 11(2) 5. of the Municipal Act 2001, S.O. 2001, c. 25, as amended (the "Act") authorizes a municipality to pass by-laws respecting the economic, social and environmental well-being of the municipality; AND WHEREAS subsection 62(1) of the Act authorizes a municipality, at reasonable times, to enter upon land lying along any of its highways to inspect trees, and to 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 subsection 62(2) of the Act provides that an employee or agent of the municipality may remove a decayed, damaged or dangerous tree or branch of a tree immediately and without notice to the owner of the land upon which the tree is located, if, in the opinion of the employee or the agent, the tree or branch poses an immediate danger to the health or safety of any person using the highway; AND WHEREAS section 135 of the Act authorizes a municipality to prohibit or regulate the destruction or injuring of trees; AND WHEREAS section 141 of the Act provides that a municipality may provide trees to the owners of land adjacent to any highway and may plant the trees on the owner's land with consent; AND WHEREAS section 429 of the Act authorizes a municipality to establish a system of fines for offences under a By-law of the municipality passed under the Act; AND WHEREAS the Council of the Corporation of the Township of Zorra desires to repeal and replace the Planting and Removal of Trees By-law No. 21-01, as amended with this By-law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ZORRA ENACTS AS FOLLOWS: 1. Short Title 1.1. This By-law shall be known and referred to as the "Township of Zorra Tree By- law". 2. Definitions: (a) "Adjacent Tree" means a tree on private property, which directly abuts and/or impacts Township property or Township operations; The Corporation of the Township of Zorra Page 3 By-law No. 13-19 (b) "Arborist" shall mean an expert in the care and maintenance of trees including an arborist qualified by the Ontario Training and Adjustment Board Apprenticeship and Client Services Branch, a certified arborist qualified by the International Society of Arboriculture, a consulting arborist registered with the American Society of Consulting Arborists, a registered professional forester or a person with other similar qualifications as approved by the General Manager, Parks, Forestry and Recreation. (c) "Boulevard" means the grassed or landscaped area within the public road allowance between the barrier curb and/or hard surfaced edge of a roadway and a public sidewalk. (d) "Council" means the Council of the Corporation of the Township of Zorra; (e) "Deface" includes but is not limited to painting or carving of words, figures, symbols or any other markings to the bark of a tree; (f) "Destroy" shall mean to change the structure or condition of a tree such that it cannot reasonably be returned to its original structure or condition; (g) "Director" means the Director of Public Works or any person designated to act on their direction; (h) "Highway" or "highways" means all allowances for roads made by the Crown Surveyors, all highways laid out or established under the authority of any statue, all roads on which public money has been expended for opening them or on which status labour has been usually performed, all roads dedicated by the owner of the land to public uses, and all alterations and deviations of and all bridges over any such allowance for road, highway or road, are common and public highways in the Township of Zorra. (i) "Improved highway" means a highway that has been reconstructed or rebuilt and shall be determined by the Director of Public Works. (j) "Rural area" means the area located outside of the Urban Boundary, as shown in the Official Plan. (k) "Site Triangle" refers to the area on a corner lot within the triangular space formed by the street lines and a line drawn from a point on one street line to a point in the other street line, each such point being 9.0 m, measured along the street line from the point of intersection of the street lines, no building, structure, planting or vehicle shall be located in such a manner as to impede vision between a height of 0.6. m and 3.0. m above the centreline grade of the intersecting streets. (l) "Township" means the Corporation of the Township of Zorra; (m) "Township Property" includes but is not limited to Township parks and Township streets; (n) "Township Street" includes but is not limited to a common or public highway, road, street, lane or other road allowance or any portion thereof under the jurisdiction of the Township of Zorra; The Corporation of the Township of Zorra Page 4 By-law No. 13-19 (o) "Township Tree" means any species of woody perennial plant including its root system, including boundary trees, with its trunk located, either wholly or in part, on Township property, which has reached or can reach a height of at least 4.5 metres at physiological maturity; (Amended by By-law 10-23) (p) "Tree" means any species of woody perennial plant, including its root system, which has reached or can reach a height of at least 4.5 metres (14.8 ft) at physiological maturity. (q) "Boundary Tree" means a tree, of which any part of its root system or trunk, is growing across one or more property lines, whereby one property line is Township of Zorra municipal property. (Added by By- law 10-23) 3. Administration 3.1. The Township of Zorra Council hereby authorizes the Director of Public Works to regulate, supervise and carry out the planting, care and maintenance, trimming, protection, preservation and removal of all Township Trees. 4. Exemption from By-law 4.1. In accordance with section 135(12) of the Municipal Act, 2001, this by-law does not apply to: (a) Activities or matters undertaken by a municipality or a local board of a municipality; (b) Activities or matters undertaken under a licence issued under the Crown Forest Sustainability Act, 1994; (c) The injuring or destruction of trees by a person licensed under the Surveyors Act to engage in the practice of cadastral surveying or his or her agent, while making a survey; (d) The injuring or destruction of trees imposed after December 31, 2002 as a condition to the approval of a site plan, a plan of subdivision or a consent under section 41, 51 or 53, respectively, of the Planning Act or as a requirement of a site plan agreement or subdivision agreement entered into under those sections; (e) The injuring or destruction of trees imposed after December 31, 2002 as a condition to a development permit authorized by regulation made under section 70.2 of the Planning Act or as a requirement of an agreement entered into under the regulation; (f) The injuring or destruction of trees by a transmitter or distributor, as those terms are defined in section 2 of the Electricity Act, 1998, for the purpose of constructing and maintaining a transmission system or a distribution system, as those terms are defined in that section; (g) The injuring or destruction of trees undertaken on land described in a licence for a pit or quarry or a permit for a wayside pit or wayside quarry issued under the Aggregate Resources Act; or (h) The injuring or destruction of trees undertaken on land in order to lawfully establish and operate or enlarge any pit or quarry on land, i. That has not been designated under the Aggregate Resources Act or a predecessor of that Act, and ii. On which a pit or quarry is a permitted land use under a by-law passed under section 34 of the Planning Act. 4.2. Notwithstanding the provisions of this By-law, any person may apply to the Director for an exemption to any provision of this By-law with respect to trees and the The Corporation of the Township of Zorra Page 5 By-law No. 13-19 Director may grant such exemption, grant an alternative exemption or refuse such exemption, and may set out conditions to be met as the Director sees fit for any exemption granted. Every person applying for an exemption under this section shall provide the Director an application in writing, as per Schedule "A". 4.2.1. A breach of any of the terms or conditions of an exemption granted by the Director under section 4.2. of this By-law shall render the exemption null and void. 5. General Provisions for Director Township Trees 5.1. Without limiting the generality of Section 3, the Director is hereby authorized to take or cause the following action: (a) To plant or cause to be planted, trees on Township property in accordance with the tree species laid out in Schedule "B"; (b) To care for and maintain trees on Township property, including watering, fertilizing, spraying, trimming or causing to be watered, fertilized, sprayed or trimmed any tree growing on municipal lands, or on private property where the branches extend over a highway; (c) To remove or cause to be removed without notice or compensation to any person, any object or thing that adversely affects a tree or part of a tree located on Township property; (d) To remove or cause to be removed any tree or part of a tree which in his or her opinion is decayed, diseased or hazardous to the public; (e) To stop any work causing injury or destruction to a tree located on Township property that is taking place without the permission or approval of the Director; (f) To impose such terms and conditions he or she deems necessary in granting authorization; and (g) To take whatever measures deemed necessary in his or her judgement to extend the useful life of a tree without impacting on public liability. Adjacent Trees 5.2. The Director is hereby authorized to prune adjacent trees where branches extend over a Township street which are hazardous or which create an unsafe condition. 5.3. The Director is hereby authorized, upon notification to a property owner, to enter land adjacent to a Township street to remove decayed, damaged or dangerous trees or branches of trees extending over a Township street, if in the opinion of the Director, the trees or branches pose a danger to the health or safety of any person using the Township street. 5.4. The Director is hereby authorized to remove decayed, damaged or dangerous trees or branches of trees extending over a Township street immediately and without notice to the owner of land upon which the tree is located if, in the opinion of the Director, the trees or branches pose an immediate danger to the health or safety of any person using a Township street. 6. Restrictions and Prohibitions against Injury, Destruction or Interference with Trees on Township Property 6.1. No person shall, without the prior authorization of the Director, do or cause or permit to be done, any of the following in relation to Township trees; (a) Injure or destroy, or cause to be injured or destroyed, a Township tree; The Corporation of the Township of Zorra Page 6 By-law No. 13-19 (b) Remove or cause to be removed a Township tree or any part of a Township tree; (c) Spray, fertilize, prune, trim, disturb or alter a Township tree or any part of a Township tree; (d) Deposit, place, store or maintain on any property, any stone, brick, sand, concrete, soil, equipment or other materials that may impede the free passage of water, air or nutrients to the roots of any Township tree; (e) Alter or change soil levels, excavate any ditches, tunnels or trenches, or lay any stone, walkway or driveway, if it will likely result in the damage to a Township tree; (f) Deface, tack, paste or otherwise attach a bill or note to any other thing or object to a Township tree, or to a stake, post, guard or other object supporting such tree; (g) Allow any gaseous, liquid or solid substance which is harmful or toxic to trees to come into contact with any Township tree; (h) Plant or cause to be planted any tree or any part of a tree on Township property without permission of the Director and subject to such terms and conditions as the Director considers appropriate. 6.2. Should a person do or cause or permit to be done any of the conditions laid out in subsection 6.1., said person shall be subject to a fine as determined by the Township of Zorra in this By-law (see Schedule "C"). 7. Planting of Trees 7.1. The following conditions shall be met when planting a tree on Township property, as authorized by the Director and at his/her discretion: (a) Trees planted for shade or ornamental purposes along any improved highway shall be no more than 0.6 metres inside the property line marking the boundary of the road allowance (see diagram below). (b) Trees shall not be planted so that the tree or branches of the tree impedes the sight triangle at an intersection. (c) Along improved highways in rural areas, trees should be planted at spacing of 25 metres - 30 metres, depending on available space. (d) Planting of trees will be prohibited in areas that present future maintenance problems, such as overhead wires or underground services. No trees shall be planted on the same side of a road allowance where hydro or communication lines are located. The Corporation of the Township of Zorra Page 7 By-law No. 13-19 (e) Planting of trees will be prohibited within 50 metres of any known Municipal, Award or Private Drainage System. (f) Planting of trees will be prohibited within 4 metres of a streetlight or fire hydrant. (g) Tree species will be in accordance with Schedule "B" attached hereto and forming part of this By-law. (h) No person shall plant or cause to be planted a tree on a boulevard without written permission of the Director. (i) Planting of trees will be prohibited within 3 metres of a driveway (see diagram below) or an underground vault. 7.2. Where a person has received prior authorization from the Director to plant, or cause to be planted, a tree on municipal property, such planting shall be done under the supervision and to the satisfaction of the Director and in accordance with the terms and conditions of this By-law. 7.3. The Township may, with the consent of the owner, plant and maintain shade or ornamental trees adjacent to any highway under the jurisdiction of the Township or any land owned by the Township, at the expense of the Township, provided that the Township shall not be liable for the maintenance or otherwise in respect of any tree so planted. 7.4. Coniferous trees on private or municipal property that are outside the urban area shall be planted at minimum 35 metres from the road allowance. Coniferous trees on private or municipal property that are inside the urban area are exempt from the 35 metre setback provided the planting adheres to all other planting provisions in this here by-law. (Added by By-law 10-23) 8. Maintenance, Trimming and/or Removal of Township Trees 8.1. The Director shall authorize the Public Works Department staff to maintain, trim and remove Township trees at his or her discretion and in accordance with the provisions in this By-law. 8.2. Township tree(s) and branches shall only be trimmed/removed to: The Corporation of the Township of Zorra Page 8 By-law No. 13-19 (a) Remove dead, decayed, damaged, dangerous or diseased tree(s) and/or tree branches; (b) Remove tree(s) and/or tree branches which seriously obstruct the vision or otherwise present a hazard to the travelling public; (c) Remove tree(s) and/or tree branches which interfere with road construction, utilities, or private developers, but only when no other reasonable alternative can be found; and (d) Remove tree(s) and/or tree branches growing on Township property, contrary to any Council approved By-laws or agreements. 8.3. Where a Township tree, or the branches of a Township tree, has been designated for removal by the Township under section 5.1. notice shall be provided by the Township to the adjacent property owners. The notice may include a Notice of Removal form (see Schedule "D"). 8.4. Should the Director remove a tree on Township property in front of or adjacent to private property, the owner of the affected private property may request that the Director provide a replacement tree. 9. Maintenance, Trimming and/or Removal of Adjacent Trees 9.1. Every owner of an adjacent tree shall ensure that the adjacent tree is maintained in good condition and state of repair, free of decay and damage, such that the adjacent tree does not pose a danger to persons using Township property. 9.2. Without limiting section 9.1., every owner of an adjacent tree shall: (a) Ensure that all low hanging branches including live branches are trimmed or removed to a height of 4.5 meters from ground level; and (b) Ensure that all low hanging branches including live branches are trimmed or removed to clear any obstructions and to improve visibility of regulatory signs, warning signs or traffic movement. 9.3. The Director has authority to request maintenance, trimming and/or removal or adjacent trees when deemed to have a detrimental impact on public safety and/or public works operations at his/her discretion. 9.4. Where an adjacent tree, or the branches of an adjacent tree, has been designated for removal by the Township under section 5.3., notice shall be provided by the Township to the property owner. The notice may include a Notice of Removal form (see Schedule "D"). 9.5. Where a property owner has received a notice of designation for removal of tree/tree branches under section 9.4., the property owner shall, (a) Request that the Township remove the adjacent tree or branches as set out in the notice of designation; or (b) Remove the adjacent tree or branches within a reasonable time as agreed to by the Township; or (c) Dispute the notice of designation for removal of tree or branches by filing an objection with the Director within fourteen (14) days of the date of the notice of designation for removal. 10. Removal of Adjacent Tree by Property Owner 10.1. No person shall remove an adjacent tree without written notice to and approval of the Director. The Corporation of the Township of Zorra Page 9 By-law No. 13-19 10.2. The Director's approval to remove an adjacent tree may be given after an inspection of the adjacent tree and a determination of the limit of the road allowance. 11. Stump Removal 11.1. The Township may remove tree stumps if any portion of the stump is located on a municipal road allowance or right-of-way, if: (a) The tree was removed by the Township of Zorra; and (b) The stump is deemed to interfere with an adjacent sidewalk or municipal utility (as determined by the Director of Public Works or his/her designate). 11.2. Tree stumps located on non-residential properties are to be left at the height at which the tree was cut down, unless otherwise indicated by the Director. 11.3. The Director shall authorize Public Works staff to grind a tree stump when a stump is located directly in front of a residential property. Top soil and seed are to be provided when the stump is removed. 11.4. Site restoration shall be the responsibility of the landowner consenting to the removal of the stump. 12. Wood from Removed Adjacent Tree 12.1. As a courtesy, the wood from the removed trees will be offered to those property owners adjacent to the tree removal. 12.2 If the property owners would not like the wood, the Township will leave the wood stacked in a safe distance from the road way and properly mark the wood as available. The wood will be available for any resident to claim at their own risk for a minimum of 10 business days, after which time, municipal staff will remove and dispose of the wood. 13. Replacement Trees 13.1. Following the removal and/or damage of any adjacent tree(s) by municipal staff during public works operations, adjacent property owners shall be contacted by Township staff to determine if a replacement tree(s) is desired. 13.2. Should the property owner request a replacement tree(s), the property owner must fill out a Tree Replacement Form (see Schedule "E"). The Tree Replacement Form is available on the Township's website or at the Township office. 13.3. The Township shall supply a replacement tree for the owner to plant, the variety being one from the approved tree replacement list, and at an appropriate location and size as determined by the Director. 13.4. Replacement trees shall be planted within the year of request and as weather permits. 13.5. All replacement trees shall be limited to a quantitative ratio of three-to-one, and be placed at a location on the property in question as determined by the Director. (Amended by By-law 10-23) 13.6. Once planted, a replacement tree on private property or an adjacent tree is the sole responsibility of the property owner. 13.7. Should a property owner remove or damage a Township tree without the authorization of the Township, the property owner shall replace the removed or damaged tree(s) at a quantitative ratio of three-to-one. The appropriate location The Corporation of the Township of Zorra Page 10 By-law No. 13-19 shall be determined by the Director and the planting shall be carried out by the Upper Thames River Conservation Authority. All costs related to the replacement trees, including the planting by the Upper Thames River Conservation Authority, are to be paid by the property owner who removed or damaged the Township tree(s). (Added by By-law 10-23) 14. Enforcement 14.1. In addition to the Director, the administration and enforcement of this By-law may be performed by persons designated by Council, as Municipal Law Enforcement Officers. 14.2. No person shall hinder or obstruct or attempt to hinder or obstruct the Director or Municipal Law Enforcement Officers in the exercise of his or her powers and performance of duties under this By-law. 14.3. The Township may require the direction from an arborist. Any arborist costs incurred will be at the cost of the party who requested the arborist's direction. 15. Penalty 15.1. Every person who contravenes any provision of this By-law is guilty of an offence and upon conviction is liable to a fine as provided for by the Provincial Offences Act, R.S.O. 1990, Chapter P.33, as amended. 16. Repeal - Enactment 16.1 That By-law 21-2001 and amending By-law 39-2007 are hereby repealed in entirety. 16.2 This By-law shall come into force and take effect from and after the date of final passing thereof. 17. Stop Work Orders (Added by By-law 10-23) 17.1 Where the Director or Municipal Law Enforcement Officer are satisfied that a contravention of this by-law has occurred, they may issue a stop work order requiring the person who contravened the by-law, or that caused or permitted a contravention of the by-law, to cease the contravening activity. (a) The stop work order shall set out reasonable particulars of the contravention adequate to identify the contravention, the location of the contravention, and the date by which there must be compliance with the stop work order. (b) A stop work order may be served personally by the Director or Municipal Law Enforcement Officer, may be sent by email, may be posted in a conspicuous place on the property where the contravening occurred, or may be sent by registered mail to the person contravening the by-law. 17.2 No person shall fail to comply with a stop work order issued by the Director or Municipal Law Enforcement Officer. READ A FIRST AND SECOND TIME THIS 3RD day of APRIL, 2019. READ A THIRD TIME AND FINALLY PASSED TIME THIS 3RD day of APRIL, 2019. The Corporation of the Township of Zorra Page 11 By-law No. 13-19 MAYOR CLERK MARCUS RYAN KAREN MARTIN The Corporation of the Township of Zorra Page 12 By-law No. 13-19 SCHEDULE "A" TOWNSHIP OF ZORRA TREE BY-LAW 13-19 EXEMPTION TO TREE BY-LAW FORM The Corporation of the Township of Zorra Page 13 By-law No. 13-19 SCHEDULE "A" TOWNSHIP OF ZORRA TREE BY-LAW 13-19 EXEMPTION TO TREE BY-LAW FORM The Corporation of the Township of Zorra Page 14 By-law No. 13-19 SCHEDULE "B" TOWNSHIP OF ZORRA TREE BY-LAW 13-19 TREE SPECIES (Amended by By-law 10-23) Large Native Shade Trees (large frontage lots - 50' +, boulevards with no utility wires or buried services) Sugar Maple ACER SACCHARUM Bur Oak QUERCUS MACROCARPA Red Oak QUERCUS RUBRA Black Oak QUERCUS VELUTINA White Oak QUERCUS ALBA Hackberry CELTIS OCCIDENTALIS Sycamore PLATANUS OCCIDENTALIS Red Maple ACER RUBRUM The Corporation of the Township of Zorra Page 15 By-law No. 13-19 SCHEDULE "C" TOWNSHIP OF ZORRA TREE BY-LAW 13-19 FINES (Amended by By-law 10-23) Part I Provincial Offences Act Item Short Form Wording Provision Creating or Defining Offence Set Fine 1 Injuring or destroying a Township tree without authorization 6.1.(a) $600.00/tree 2 Removing a Township tree or any part of a township tree without authorization 6.1.(b) $600.00/tree 3 Spraying, fertilizing, pruning, trimming, disturbing or altering a tree on Township Property without authorization 6.1.(c) $600.00/tree 4 Depositing, placing, storing or maintaining on any property any material that may impede the free passage of water, air or nutrients to the roots of any Township tree without authorization 6.1.(d) $600.00/tree 5 Altering or changing soil levels, excavating any ditches etc. or laying any stone, walkway or driveway that will damage a Township tree without authorization 6.1.(e) $600.00 6 Defacing a Township tree or its supporting object(s) without authorization 6.1.(f) $600.00/tree 7 Allowing any toxic or harmful substance to trees come into contact with a Township tree without authorization 6.1.(g) $600.00/tree 8 Planting a tree on Township property without authorization 6.1. (h) $600.00/tree 9 Failing to comply with a stop work order 17.2 $600.00 "Note: The general penalty provision for the offences listed above is Section 61 of the Provincial Offences Act, R.S.O. 1990, c. P.33." The Corporation of the Township of Zorra Page 16 By-law No. 13-19 SCHEDULE "D" TOWNSHIP OF ZORRA TREE BY-LAW 13-19 NOTICE OF REMOVAL FORM The Corporation of the Township of Zorra Page 17 By-law No. 13-19 SCHEDULE "E" TOWNSHIP OF ZORRA TREES BY-LAW 13-19 Tree Replacement Form