8. URBAN TREE CONSERVATION STRATEGY

STRATÉGIE DE CONSERVATION DES ARBRES URBAINS

Committee recommendationS as amended

That Council:

1. Enact the Urban Tree Conservation By-law for private land as detailed in Document 1 with an immediate effective date for Part II and an effective date of 1 September 2009 for Part III;

2. Approve the Tree Conservation Report Guidelines (previously the Tree Preservation and Protection Plan) as detailed in Document 2 for use in the development review process.

3. Amend the draft Urban Tree Conservation By-law (Document 1) to include, in addition to the Urban Area, the proposed urban boundary expansion areas and a one-kilometre buffer.

4. Amend the proposed Urban Tree Conservation By-law to state that:

(a) The Urban Tree Conservation By-law shall apply to the circumstance where a distinctive tree straddles the boundary of municipal and private property and the Municipal Trees and Natural Areas Protection By-law shall not apply;

(b) The consent of all property owners is required for the injury or destruction of such a distinctive tree; and

(c) The issuance of a distinctive tree permit by the City constitutes the consent of the City to the injury or destruction of the distinctive tree.

RecommandationS MODIFIÉES DU Comité

Que le Conseil :

1. adopte, à l'égard des terrains privés, le Règlement sur la conservation des arbres urbains décrit au document 1, la partie II devant prendre effet immédiatement et la partie III devant prendre effet le 1^er septembre 2009;

2. approuve les Lignes directrices du rapport sur la conservation des arbres (auparavant intitulé Plan de préservation et de protection des arbres) énoncées dans le document 2, en vue de leur utilisation dans l'examen de l'aménagement.

3. modifie le projet de Règlement sur la conservation des arbres urbains (document 1) en vue d’inclure non seulement la région urbaine, mais aussi les secteurs environnants prévus pour l’expansion de la région urbaine, ainsi qu’un secteur tampon d’un kilomètre;

4. modifie le projet de Règlement sur la conservation des arbres urbains de façon à préciser que :

(a) dans l’éventualité où un arbre particulier chevaucherait une propriété privée et une propriété municipale, le règlement applicable serait le Règlement sur la conservation des arbres urbain, et non le Règlement sur la protection des arbres et des espaces naturels municipaux;

(b) le consentement de tous les propriétaires est requis avant d’élaguer ou de couper un arbre particulier; et

(c) la délivrance d’un permis relatif à l’arbre particulier confirme la permission obtenue par la Ville d’élaguer ou de couper l’arbre en question.

Documentation

1. Deputy City Manager’s report, Infrastructure Services and Community Sustainability dated 29 May 2009 (ACS2009-ICS-PGM-0094).

2. Extract of Draft Minute, 9 June 2009.

Report to/Rapport au :

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

and Council / et au Conseil

29 May 2009 / le 29 mai 2009

Submitted by/Soumis par : Nancy Schepers, Deputy City Manager

Directrice municipale adjointe,

Infrastructure Services and Community Sustainability

Services d’infrastructure et Viabilité des collectivités

Contact Person/Personne-ressource : Richard Kilstrom, Manager/Gestionnaire, Policy Development and Urban Design/Élaboration de la politique et conception urbaine, Planning and Growth Management/Urbanisme et Gestion de la croissance Élaboration de la politique et conception urbaine

(613) 580-2424 x22653, Richard.Kilstrom@ottawa.ca

Urban Wards/secteur urbain

Ref N°: ACS2009-ISC-PGM-0094

SUBJECT:	URBAN TREE CONSERVATION STRATEGY

OBJET :	STRATÉGIE DE CONSERVATION DES ARBRES URBAINS

REPORT RECOMMENDATIONS

That Planning and Environment Committee recommend that Council:

1. Enact the Urban Tree Conservation By-law for private land as detailed in Document 1 with an immediate effective date for Part II and an effective date of 1 October 2009 for Part III;

2. Approve the Tree Conservation Report Guidelines (previously the Tree Preservation and Protection Plan) as detailed in Document 2 for use in the development review process.

RECOMMANDATIONS DU RAPPORT

Que le Comité de l'urbanisme et de l'environnement recommande au Conseil :

1. D'adopter, à l'égard des terrains privés, le Règlement sur la conservation des arbres urbains décrit au document 1, la partie II devant prendre effet immédiatement et la partie III devant prendre effet le 1^er octobre 2009;

2. D'approuver les Lignes directrices du rapport sur la conservation des arbres (auparavant intitulé Plan de préservation et de protection des arbres) énoncées dans le document 2, en vue de leur utilisation dans l'examen de l'aménagement.

BACKGROUND

In July 2002, Council directed staff to prepare a tree by-law for the City of Ottawa. This direction was in response to tree cutting within a Natural Environment Area in Kanata. As well, the Official Plan adopted in 2003 gave direction to develop a by-law under the Municipal Act to regulate tree cutting and preserve woodlands. A by-law was drafted with the intent of promoting sustainable forest management within and adjacent to the city’s sensitive natural areas, both urban and rural. In November 2004, the draft by-law was deferred at Council as staff was directed to carry out additional public consultations.

Since that time, several other forested areas have been cleared of trees in anticipation of future development. In 2008, a portion (seven hectares) of a highly ranked Urban Natural Area (UNA) in the east end was cut down while the City was negotiating acquisition. Two hectares of forest were also removed to develop a golf driving range before the required development application was submitted. In 2006, trees were removed from a buffer along a creek within a UNA, despite the identification of the requirement of the buffer through the subdivision approvals process and the fact that the protection of that buffer was a condition of draft plan approval.

The Official Plan has policies to protect trees through the development review process and requires a Tree Preservation and Protection Plan for this purpose. However, the City loses its ability to evaluate tree conservation opportunities in new communities when lands are cleared before the owner applies to develop the land or before the development is approved.

Staff renewed work on tree conservation in 2008 with the support of the Ottawa Forests and Greenspace Advisory Committee (OFGAC). On September 23, 2008 Planning and Environment Committee (PEC) approved a staff report on a public consultation strategy for the Urban Tree Conservation Project (http://ottawa.ca/calendar/ottawa/citycouncil/pec/2008/09-23/ACS2008-PTE-ECO-0023.htm). PEC also asked staff to accelerate the project schedule, which was updated in an information report to PEC on October 28, 2008 (http://ottawa.ca/calendar/ottawa/citycouncil/pec/2008/10-28/ACS2008-ICS-ECO-0032%20-%20IPD.htm).

Workshops with the general public on urban tree conservation occurred between October 28 and November 3, 2008. Other opportunities to comment were provided through a feedback form on the web site dedicated to the project (ottawa.ca/urbantree), by faxing or mailing in forms provided at the public consultations, and through email or telephone calls to the project staff. In general, the public supported restrictions on tree-clearing in advance of development of undeveloped land. They also spoke to the need to preserve “big old trees” in their neighbourhoods, although some were concerned about placing restrictions on private land. Several ideas for community stewardship initiatives around tree conservation were also proposed.

In addition to the public consultation, a Technical Advisory Panel comprised of local urban forestry experts and interest groups met three times to advise on the project and meetings were held with Ottawa homebuilders and developers. Further review of various by-laws from other Ontario cities was undertaken showing Ottawa as the only major municipality in Ontario that does not have a by-law regulating tree cutting on private land. Document 3 shows a summary of private land tree by-laws in four other municipalities for comparison with the proposed by-law for Ottawa.

The purpose of this report is to recommend an Urban Tree Conservation Strategy to Council.

DISCUSSION

The Urban Tree Conservation Strategy includes the following:

1. The Urban Tree Conservation By-law for private land;

2. Revised Guidelines for the Tree Conservation Report;

3. Directions for future stewardship activities in partnership with community associations and other interested groups.

Urban Tree Conservation By-law for Private Land

The proposed by-law, Document 1, applies only to the urban area of Ottawa, as defined by Schedule B of the Official Plan, and has two distinct components. The first component regulates the injury or destruction of trees 10 centimetres in diameter at breast height[1] or greater on lots greater than one hectare in size, primarily through the development review process. The by-law requires that the City approve a Tree Conservation Report (previously a Tree Preservation and Protection Plan) before the injury or destruction of any tree can occur on these properties. Such a report is now required in the Official Plan, but clearer guidelines are proposed in this report. The second component regulates the injury or destruction of distinctive trees on lots of one hectare or less through a permitting process. A distinctive tree is defined as one that is 70 centimetres or more in diameter at breast height.

Trees on Land Greater Than One Hectare in Area

This component of the by-law applies to trees 10 centimetres in diameter or greater on all lots larger than one hectare in area within the urban boundary. The by-law requires that a Tree Conservation Report be submitted by the property owner and approved by City staff before the injury or destruction of any tree is permitted. Where the owner plans investigative site work such as borehole drilling, grading or any other work which entails tree removal before submitting a development application, approval of a Tree Conservation Report would be required in advance of that work. If the injury or destruction of any tree occurs before the approval of the report, the owner and contractor hired to clear the trees would be in contravention of the by-law and may be subject to prosecution.

For land that is part of a development application, the by-law does not require a new application, study, or fee. The Tree Conservation Report is filed with the development application, before the application, or at the time of the pre-consultation. The approval of the report constitutes the permit to remove trees.

Cases may arise where the owner of a property larger than one hectare in size would like to remove a tree or trees, and does not intend to apply for development. In this case, the owner would have to submit a Tree Conservation Report outlining the proposed plan of undertaking; the content and the level of detail of the reports may vary depending on the site characteristics.

With the by-law in place, it is expected that trees will continue to be removed in development situations. However, the by-law will give staff the ability to assess conservation opportunities and make specifications for tree retention before trees are removed.

Distinctive Trees

The second component of the by-law regulates the injury or destruction of distinctive trees on lots that are one hectare or less within the urban boundary. A distinctive tree is one that is 70 centimetres or more in diameter. In order to obtain a distinctive tree permit, a property owner will complete an application form, file the application with a short report prepared by an arborist[2] that confirms the condition of the tree and the reason for injury or destruction, and pay the required permit fee of $50.

The distinctive tree permit application form can be obtained from the City’s website or at any Client Service Centre and the application, with the fee, can be submitted at Client Service Centres. Over time, efforts will be made to allow for online application and fee submission. City staff will review the application and may issue a permit, issue a permit with conditions, or refuse to issue a permit. A tree permit may not be issued if there is a reasonable alternative to injuring or destroying the tree. Examples of conditions where a permit may be issued include:

· it is necessary to remove a dangerous, dead, diseased, or severely injured distinctive tree for safety reasons;

· the distinctive tree is causing or is likely to cause structural damage to load-bearing structures or roof structures;

· to remediate contaminated soil;

· the removal is required as a part of an approved development plan; and

· the applicants have shown that they will implement a satisfactory replanting plan.

The process relies on the expert judgment of qualified aborists to support the application, and will be monitored through spot checks as the by-law comes into effect. Existing City staff will review and monitor application information and issue permits.

The number of permits that may be required annually cannot be estimated accurately because the City’s information on such occurrences is anecdotal. Experience in other cities is not helpful, given differences in the size of the cities and the nature of their by-laws compared to Ottawa. However, a full-time staff position was created in 2005 in Natural Systems, in part to support such a by-law.

By-law Implementation

Existing City staff will implement the by-law by reviewing and approving Tree Conservation Reports for sites greater than one hectare, and by approving permits for the injury or destruction of distinctive trees. The General Manager of Planning and Growth Management will be the approval authority for the by-law. Natural Systems, in Planning and Growth Management, will be the initial point of contact for public complaints related to urban tree cutting on private land. As necessary, Forestry Inspectors from the Forestry Services Branch will visit sites and when required, information will be passed on to By-law and Regulatory Services to enforce the by-law. No additional staff resources are identified at this time; however, the demand for service with respect to the by-law will be assessed one year after enactment and staff will report back to Committee/Council as necessary with respect to any resource issues.

The first component (Part II of the by-law) will be effective upon enactment. The second component (Part III of the by-law) will be effective as of 1 October 2009, providing time to establish public awareness of the new regulations. Once the by-law is enacted, an education program will be implemented for the public, the development community, and for staff to provide information about both the by-law and the need to conserve trees in the urban area. Staff and the development community will be briefed immediately on the first component. The distinctive trees component will be the focus of the public education program which will be implemented in the early fall and again in the spring using the City’s existing channels of communication with residents, as well as other relevant program opportunities. The project website will be adapted to explain the by-law and related processes. Some paid advertising will be used, e.g. community newspapers.

The injury or destruction of trees, as outlined in the by-law, will be regulated once the by-law is put into effect, unless there is an existing plan of subdivision, plan of condominium, or site plan that was approved prior to the date of passage of the by-law which indicates that a tree will be removed.

When an individual is convicted of an offence under the proposed by-law they will be subject to penalties. An offence may include injuring or destroying a tree without a permit, failing to protect a tree that is slated for protection, or failing to adhere to a stop work order. The penalties in the proposed by-law range from a minimum fine of $500 to a maximum fine of $100,000. In addition, the court may also order the person or corporation charged to correct the contravention in a manner considered appropriate to the court. For lesser offences, provincial offence notices, with set fines, may be issued.

The proposed by-law gives the General Manager of Planning and Growth Management the ability to require the planting of replacement trees as a condition of the approval of the Tree Conservation Report or the issuance of a distinctive tree permit. In such cases, staff can stipulate the number, species, size, and location of the replacement trees and the timing for planting.

Rationale

The proposed by-law was crafted to satisfy six criteria:

1. The need to address key issues in urban tree conservation – The clearing of trees before development occurs was identified by staff, the public and others as the key issue for tree conservation in the urban area.

2. Extent of tree canopy protected – Options for the by-law were assessed with respect to the extent of the tree canopy that would be protected. Most tree canopy is lost on development lands, and to a lesser extent through the loss of large, mature trees in established neighbourhoods. The by-law covers both aspects.

3. Minimized burden on the development community – The proposed by-law creates no additional process on land subject to a development application.

4. Public cost – The benefits of conserving urban trees were weighed against the public cost of implementing the by-law. Costs were contained by proposing to implement the by-law in part through the existing development review process, rather than by creating a new review and approval process. The permitting process for distinctive trees seeks to balance environmental and administrative considerations. Requiring a permit only for large trees ensures that the trees with the greatest environmental and community benefits are protected. At the same time, the size limit reduces the number of permits that would be required each year, compared with the number that would be required if all trees were covered by the by-law or if smaller trees were included.

5. Clarity of Regulation – The by-law will be more readily understood by the public and will be easier to implement if it is clearly worded. The by-law applies to two different lot sizes and, with respect to distinctive trees, applies only to trees of a specified size. These features will minimize confusion on the part of landowners and help efficient implementation.

6. Public acceptance –Stakeholders expressed diverse attitudes and their opinions were incorporated in the strategy where possible. The public generally supported restrictions on tree-clearing on development land but some were concerned about restrictions on privately-owned residential properties. Most private residential lots are exempt from the first component of the by-law and the second component applies only to cutting of large diameter trees.

Revised Guidelines for Tree Conservation Reports

The by-law proposes that an approved Tree Conservation Report (formerly the Tree Preservation and Protection Plan) form the basis for approval for the injury or destruction of trees on development lands. Currently, the requirements for the report and for the required Landscape Plan are listed together within Section 4.7.2 of the Official Plan. As a result, submissions often include a plan that outlines both tree preservation and landscaping. In order to ensure that a Tree Conservation Report and a Landscape Plan are both submitted as required, new guidelines for the Tree Conservation Report were prepared (Document 2) and Section 4.7.2 of the Official Plan has been modified to distinguish between the requirements for tree preservation and for landscaping. The new guidelines build on previous municipal guidelines and will allow staff to better implement the Official Plan policy. The guidelines will be available on the City’s website and they will be provided and discussed, where required, at pre-consultations. The Technical Advisory Panel provided advice in the development of the new guidelines and they proposed a name change to better reflect the desired outcome of the report and plan, supporting the name “Tree Conservation Report”.

Stewardship

Public education on the value of trees in the city can help to conserve trees in Ottawa. At the public consultations, stewardship was discussed at length and several ideas were proposed:

· information sheets on the value and importance of trees;

· tree identification and tree species materials;

· increased promotion of the City’s tree planting programs; and

· community-sponsored awareness activities such as “Best Tree Competitions”.

Other jurisdictions and organizations in Ontario have developed similar programs, which could be adapted for use in Ottawa. As staff resources become available, further consideration will be given to developing a Stewardship Toolbox for urban tree conservation.

ENVIRONMENTAL IMPLICATIONS

The proposed by-law supports the conservation of trees in the urban area and will have an overall positive impact on Ottawa’s air quality, water quality, energy use, stormwater retention capacities, and climate change mitigation. The by-law applies to privately-owned land, which contains most of the trees in the urban area (75 per cent), and targets areas with the greatest tree coverage and the trees with the greatest environmental benefits. About one-third of the tree cover on privately-owned land is on vacant land and land slated for future development. The first component of the proposed by-law will enable the City to consider tree conservation opportunities on these lands before development occurs. The by-law also protects large, mature trees on small lots because when trees reach maturity and their canopies are the largest, they are able to produce their greatest environmental benefits. The larger the tree, the greater its capacity to sequester and store carbon and particulate matter from the air. In new developments in Ottawa, the planting of large trees is restricted in areas containing marine clay soil, which emphasizes the importance of preserving existing mature trees.

The implementation of the by-law is particularly timely because of the discovery of Emerald Ash Borer in Ottawa. It is estimated that 25per cent of the trees in Ottawa are ash and the pest could eliminate them within the next 10 to15 years. Loss of these trees will have an impact on the tree canopy of Ottawa, unless steps are taken to plant new trees and conserve existing trees through the proposed by-law and other measures.

RURAL IMPLICATIONS

Currently, Tree Conservation Reports are required for all site plan and plan of subdivision applications, in both the rural and urban area. Therefore, the revised guidelines for the Tree Conservation Report will apply to development applications in both the urban and rural areas. In the urban area, the report will form the basis for approval of tree cutting on development lands under the proposed by-law. In the rural area, the report will be a part of a complete development application; there will be no change in process and no new requirements, and therefore no rural implications. The proposed by-law does not affect rural property outside the urban boundary as indicated in Schedule B of the City’s Official Plan.

CONSULTATION

Staff held a series of public consultations on the project between October 28 and November 3, 2008, based on the project Issues Paper. Each consultation consisted of an open house style walkabout, with information boards describing the project, and a facilitated workshop. The public was also able to provide feedback on the website via a feedback form, email (urbantree@ottawa.ca), fax, phone, and Canada Post.

Promotion of the public consultations and the project included the following:

A project webpage was developed (www.ottawa.ca/urbantree) containing the Issues Paper and public feedback forms;
Two rounds of advertisements were run in advance of the consultations in local papers;

Public Service Announcements were sent to media twice prior to the events;
E-mail blasts were sent through the City’s master contact list;
5,000 promotional postcards were distributed through Client Service Centres, libraries and at the TREE Program fall tree pick-up;
Event invitations and promotion were emailed to specific stakeholders; and
The Museum of Nature and the Ecology Ottawa Newsletter provided promotion in their communication vehicles.

In addition to the public consultations, staff solicited other feedback as follows:

· A core staff team was formed to discuss the project, the feedback, and to develop a strategy, and included the following services: By-law and Regulatory Services, Forestry Services, Legal Services, Communications, and Natural Systems.

· A Technical Advisory Panel (TAP) was formed to provide advice and feedback to the staff team throughout the project. It was made up of individuals with an expertise and interest in urban tree conservation in Ottawa.

· The project was discussed regularly at meetings of the Ottawa Forests and Greenspace Advisory Committee (OFGAC) and members were able to provide feedback throughout the process.

· Four meetings were held with homebuilders to provide updates and gather input on the project, including a meeting to discuss the proposed by-law and guidelines for the Tree Conservation Report.

· Local arborists were contacted for input on the development of the permitting process and the size of distinctive trees.

· Other municipalities and urban forestry experts across the province were contacted to discuss varying strategies and differing by-law approaches.

· Staff offered to meet directly with interested Community Associations about the project and issues associated with urban tree conservation. Only one association requested a meeting; staff attended a community tour with the Beaverbrook Community Association.

Feedback

Public

The feedback collected through the public consultations showed support for the development of a by-law to protect trees on private lands in the urban area. Specifically, the public indicated support to require a City-approved Tree Conservation Report before tree cutting occurs on development lands. The public indicated support for tree planting as compensation for the trees that are lost to development. As well, the public raised concerns surrounding the protection of “big, old trees” in established neighbourhoods. Some members of the public did not agree with the development of regulations on private residential property. In those cases, it was felt that a homeowner should be able to do what they want on their own property. In addition, the public showed a great interest in stewardship initiatives and other community partnerships related to urban tree conservation.

Homebuilders

The homebuilders have indicated general support for the proposed strategy. They favoured an approach where no new plans or fees are required, and implementation is clear, and the proposed strategy meets those criteria. They provided input into the development of the Tree Conservation Report Guidelines and, as a result, several recommendations were incorporated into the final guidelines. The homebuilders expressed concerns about proposals outlined in the Issues Paper to compensate for tree cover lost during development, which they indicated could have the impact of increasing substantially the required number of trees planted on the site. The proposed by-law does give the General Manager of Planning and Growth Management the ability to require the planting of replacement trees as a condition of approval of the Tree Conservation Report. This would be done in cases where there are no existing tree planting requirements in place (from a Community Design Plan, for example) and would not have the effect of increasing substantially the required number of trees planted on a given site. They also expressed concerns about the length of time it would take for the City to approve Tree Conservation Reports for investigative site works. Their suggestion will be included in the by-law implementation process; the turn around time for approvals of tree cutting for investigative site works will be reduced from 28 days to 15 days.

Ottawa Forests and Greenspace Advisory Committee (OFGAC)

OFGAC submitted a report to staff outlining their comments on the Urban Tree Conservation Project and feedback on the questions posed in the Issues Paper. They believe that a tree by-law for private land in the urban area is required and that the cutting of all trees within the urban area should be regulated by the by-law. Furthermore, they recommend that tree damage during construction should be punishable under the by-law; this has been included within the proposed by-law. OFGAC also outlined the need for a compensation program for trees lost to development. They suggest that one-for-one compensation is not sufficient and that any monetary compensation be placed in a Tree Compensation Fund to be used exclusively for planting trees. The members also outlined the importance of stewardship and increased community tree planting throughout the city.

LEGAL/RISK MANAGEMENT IMPLICATIONS:

Legal staff have been involved in the drafting of the proposed by-law. Section 135 of the Municipal Act, 2001 provides that a municipality may prohibit or regulate the injuring or destruction of trees.

FINANCIAL IMPLICATIONS

Implementation and enforcement of the by-law can be accommodated within current staff levels in Planning and Growth Management, Public Works, and Emergency and Protective Services.

There is existing budget that can be allocated towards the public education program.

Planning and Growth Management will monitor the staff requirement to implement the by-law and may seek other resources or other means of implementation if the requirement cannot be accommodated. Staff will assess the implementation and, if required, report back to Committee/Council as necessary with any resource issues.

SUPPORTING DOCUMENTATION

Document 1 Urban Tree Conservation By-law

Document 2 Tree Conservation Report Guidelines

Document 3 Private Land Tree By-laws in Other Ontario Municipalities

DISPOSITION

Legal Services, in consultation with Natural Systems and By-law and Regulatory Services, will process the by-law to Council for enactment.

Planning and Growth Management and Communications will provide for any necessary notification to the public and internally to staff.

URBAN TREE CONSERVATION BY-LAW DOCUMENT 1

BY-LAW NO. 2009 -

A by-law of the City of Ottawa to protect trees on private property in the urban area.

The Council of the City of Ottawa enacts as follows:

PART I

GENERAL

DEFINITIONS

1. In this by-law:

“agricultural operation” means an agricultural, aquacultural, horticultural or silvicultural operation that is carried out with the expectation of gain or reward;

“applicant” means the person who submits an application to the City for a tree permit or a distinctive tree permit, as applicable;

“arborist” means an expert in the care and maintenance of trees and includes an arborist qualified by the Ontario Ministry of Training, Colleges and Universities, a certified arborist with 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;

“By-law Officer” means a person appointed by the Council of the City of Ottawa as a Municipal Law Enforcement Officer to enforce the provisions of this by-law;

“building permit” means a building permit issued pursuant to the Building Code Act, 1992, S.O. 1992, c. 23, as amended;

“City” means the municipal corporation of the City of Ottawa or the geographic area of the City of Ottawa as the context requires;

“DBH” or “diameter at breast height” means the measurement of a trunk of a tree at a height of one hundred and twenty (120) cm for trees of fifteen (15) cm diameter or greater, and at a height of thirty (30) cm for trees of less than fifteen (15) cm diameter;

“destroy” means to remove, cut down or in any other way damage a tree to such an extent that it is deemed necessary to remove or cut down the tree and “destruction” has a corresponding meaning;

“distinctive tree” means any tree with a DBH of 70 centimetres or greater;

“farming business” means a farming business within the meaning of the Income Tax Act (Canada);

“General Manager” means the General Manager of Planning and Growth Management of the Infrastructure Services and Community Sustainability Department of the City or authorized designates acting under his or her authority;

“good arboricultural practice” means the proper planting and care of trees in accordance with the standards set by the International Society of Arboriculture;

“good forestry practices” means the proper implementation of harvest, renewal and maintenance activities known to be appropriate for the forest and environmental conditions under which they are applied and that minimize detriments to forest values including significant ecosystems, important fish and wildlife habitat, soil and water quality and quantity, forest productivity and health and aesthetics and recreational opportunities of the landscape;

“injure” means any action which causes physical, biological, or chemical damage to a tree and “injury” has a corresponding meaning;

“Municipal Act, 2001” means the Municipal Act, 2001, S.O. 2001, c.25, as amended;

“normal farm practice” means a practice that,

(a) is conducted in a manner consistent with proper and acceptable customs and standards as established and followed by similar agricultural operations under similar circumstances, or

(b) makes use of innovative technology in a manner consistent with proper advanced farm management practices;

“owner” means the registered owner of the land where a tree is to be protected, injured or destroyed;

“person” means any individual, association, firm, partnership, corporation, agent or trustee and the heirs, executors or other legal representatives of a person to whom the context can apply according to law;

“plant nursery” means the use of lands, buildings or structures, or portions thereof, where trees, shrubs, or other plants are grown for the purpose of retail or wholesale trade and which may include the accessory sale of soil, planting materials, fertilizers, garden equipment, ornaments and similar material;

“Stop Work Order” means an order issued pursuant to this by-law to stop the injury or destruction of trees;

“tree” means any species of woody perennial plant, including its root system, which is 10 centimetres or greater in DBH and which can reach a minimum height of at least four hundred and fifty (450) centimetres at physiological maturity but does not include a tree regulated by the City’s “Municipal Trees and Natural Areas Protection By-law”, as amended;

“tree conservation report” means a plan prepared by an arborist that is consistent with the City’s Guidelines prescribed in Schedule “A” and that identifies the location, species and size of trees on a property, identifies trees to be cut and trees to be retained and provides tree protection measures that eliminate or mitigate the potential risk of tree damage, including but not limited to protective barriers and hoarding;

“urban area” means the lands described in Schedule “B”, Urban Policy Plan, of the City’s Official Plan, as amended.

SCOPE

2. This by-law applies only to a tree, the trunk of which is located entirely on private property in the urban area.

INTERPRETATION

3. (1) A word interpreted in the singular number has a corresponding meaning when used in the plural.

(2) It is declared that if any section, subsection or part or parts thereof be declared by any Court of Law to be bad, illegal or ultra vires, such section, subsection or part or parts shall be deemed to be severable and all parts hereof are declared to be separate and independent and enacted as such.

(3) The word “metre” shall be represented by the abbreviation “m” and the word “centimetre” shall be represented by the abbreviation “cm”.

(4) This by-law includes Schedules “A” and “B” annexed hereto and Schedules “A” and “B” are hereby declared to form part of this by-law.

PART II

TREES ON LAND GREATER THAN ONE HECTARE IN AREA

Scope

4. The provisions of this Part shall apply to trees on a property which is greater than one (1) hectare in area within the urban area of the City.

Prohibition

5. No person shall injure or destroy a tree or cause the injury or destruction of a tree unless a tree permit has been issued by the General Manager to permit the injury or destruction.

6. No person or permit holder shall injure or destroy a tree unless the injury and destruction is conducted in accordance with the conditions of the tree permit.

7. No person or permit holder shall fail to protect a tree by implementing the protection measures identified in the approved tree conservation report.

APPLICATION FOR A TREE PERMIT

8. (1) Any person who intends to injure or destroy a tree on land greater than one (1) hectare in area shall submit to the General Manager an application for a tree permit that includes the information described in subsection (2).

(2) The application shall include:

(a) the name, address and telephone number of the owner;

(b) the name, address and telephone number of the applicant, if different from the owner and the owner’s written consent to the application;

(c) the name, address and telephone number of the arborist hired by the owner or applicant to complete the tree conservation report;

(d) the name, address and telephone number of the contractor implementing the tree conservation report, if applicable;

(e) the municipal address and legal description of the land, upon which the trees are proposed to be protected, injured or destroyed;

(f) confirmation of existing Official Plan and zoning designations, and the status of any planning applications on the property;

(g) the purpose for which the permit is required;

(h) a tree conservation report in hard copy and digital copy consistent with the City’s Guidelines as prescribed in Schedule “A”;

(i) a schedule for the proposed works, including the start and end dates and the construction period;

(j) confirmation of any other applications affecting the land, upon which the trees are to be protected, injured or destroyed;

(k) the fee prescribed in Schedule “B”; and

(l) such other information as deemed necessary by the General Manager.

PERMIT ISSUANCE

9. The General Manager shall review the complete tree permit application and may,

(a) issue a tree permit;

(b) issue a tree permit with conditions; or

Issuance of Approvals

10. The General Manager may issue a tree permit to injure or destroy trees where the tree conservation report demonstrates, to the satisfaction of the General Manager that,

(a) it is necessary to remove, dangerous, dead, diseased or severally injured trees or branches for safety reasons;

(b) the trees are causing or are likely to cause structural damage to load-bearing structures or roof structures;

(d) the trees are to be relocated and the trees will sufficiently prepared for relocation;

(e) the injury or destruction is required for trees specifically identified on plans approved by the Ontario Municipal Board, City Council or a final and binding decision of the Committee of Adjustment;

(f) the injury or destruction is necessary to install, provide or maintain utilities, water or sanitary wastewater infrastructure required for the construction or use of a building or structure;

(g) there is no reasonable alternative to the injury or destruction;

(h) the injury or destruction is consistent with good forestry practices;

(i) other circumstances deemed appropriate by the General Manager exist.

11. The General Manager may impose conditions on a tree permit including but not limiting the following conditions:

(a) any condition in accordance with good arboricultural practice;

(b) any condition recommended by an arborist;

(d) destruction is to be carried out by or under the supervision of an arborist;

(e) the manner and timing of the injury or destruction of the tree or trees; or

(f) a requirement to plant replacement trees in accordance with Section 12.

12. Where a tree permit requires, as a condition, the planting of a replacement tree, the General Manager may impose the following provisions with respect to a replacement tree:

(a) the species, size and location of the replacement trees;

(b) the number of replacement trees which shall be the greater of the number of replacement trees specified in the permit or the number of trees to be planted in accordance with the subdivision, condominium or site plan approval;

(d) the maintenance and care of a replacement tree including the deposit of security in the form of a letter of credit, cash or certified cheque in an amount to be determined by the General Manager to guarantee, for a specified period of time, the cost of maintaining or replacing a replacement tree.

REVOCATION OF A TREE PERMIT

13. (1) The General Manager may revoke a tree permit if,

(a) the tree permit was issued on mistaken, misleading, false or incorrect information;

(b) the tree permit was issued in error;

(d) the owner or permit holder fails to comply with the conditions under which the approval was issued; or

(e) the owner or permit holder fails to comply with any provision of the approved tree preservation report or this by-law.

(2) No person shall knowingly furnish false or incorrect information for the purposes of obtaining a tree permit.

PART III

DISTINCTIVE TREES

SCOPE

14. This Part applies to distinctive trees on properties of one hectare or less in area within the urban area of the City.

PROHIBITION

15 No person shall injure or destroy or cause the injury or destruction of a distinctive tree, unless a distinctive tree permit has been issued by the General Manager to permit the injury or destruction.

16. No person or permit holder shall injure or destroy or cause the injury or destruction of a distinctive tree unless the injury or destruction is carried out in accordance with the conditions of a distinctive tree permit.

17. No person or permit holder shall fail to protect a distinctive tree that has been identified for protection in accordance with the conditions of a distinctive tree permit issued by the General Manager.

APPLICATION FOR DISTINCTIVE TREE PERMIT

18. (1) Any person who intends to injure or destroy a distinctive tree shall submit to the General Manager an application for a distinctive tree permit as prescribed in subsection (2).

(a) The application shall include:

(b) the name, address and telephone number of the owner;

(c) the name, address and telephone number of the applicant, if different from the owner and the owner’s written consent to the application;

(d) the name, address and telephone number of the arborist hired by the owner or applicant to complete the distinctive tree permit;

(e) the name, address and telephone number of the contractor implementing the distinctive tree permit;

(f) the municipal address and legal description of the land, upon which the distinctive tree or trees are to be protected, injured or destroyed;

(g) confirmation by the arborist of the location of the distinctive tree on the property;

(h) confirmation of existing Official Plan designations, and the status of any planning applications on the property;

(i) the purpose for which the distinctive tree permit is required;

(j) a report of an arborist that supports the application for injury or destruction;

(k) a schedule for the proposed works, including the start and end dates and the construction period;

(l) confirmation of any other applications affecting the land, upon which the trees are to be protected, injured or destroyed;

(m) the fee prescribed in Schedule “B”; and

(n) such other information deemed necessary by the General Manager.

(3) Where the trunk of the distinctive tree straddles the boundary of one or more properties, in addition to the requirements of subsection (2), the applicant must provide the written consent of the other property owner or owners to the application.

APPROVAL OF A DISTINCTIVE TREE PERMIT

19. The General Manager shall review the complete application for a distinctive tree permit and may,

(a) issue a distinctive tree permit;

(b) issue a distinctive tree permit with conditions; or

ISSUANCE OF A DISTINCTIVE TREE PERMIT

20. The General Manager may approve the issuance of a distinctive tree permit where, the application demonstrates to the satisfaction the General Manager that,

(a) it is necessary to remove a dangerous, dead, diseased or severely injured distinctive tree or branches for safety reasons;

(b) the distinctive tree is causing or is likely to cause structural damage to load-bearing structures or roof structures;

(d) the injury or destruction of the distinctive tree is specifically identified on plans approved by the Ontario Municipal Board, Council or a final and binding decision of the Committee of Adjustment;

(e) the applicant has undertaken to implement satisfactory landscaping, replanting or tree preservation;

(f) the injury or destruction is necessary to install, provide or maintain utilities, water or sanitary wastewater infrastructure required for the construction or use of a building or structure for which a building permit has been issued;

(g) there is no reasonable alternative to the injury or destruction;

(h) other circumstances deemed appropriate by the General Manager exist.

21. The General Manager may impose conditions on a distinctive tree permit including but not limited the following conditions:

(a) any condition in accordance with good arboricultural practice;

(b) any condition recommended by an arborist;

(d) the manner and timing of the injury or destruction of the tree or trees;

(e) the injury or destruction is to be carried out by or under the supervision of an aborist;

(f) a requirement to plant replacement trees in accordance with Section 22.

23. Where a distinctive tree permit requires as a condition the planting of replacement trees, the General Manager may impose the following conditions with respect to the replacement tree:

(a) the species, size and location of a replacement tree; and

(b) the timing for the planting of the replacement trees.

NOTICE

23. No permit holder shall fail to post the distinctive tree permit on the subject property,

(a) in a prominent location so as to be clearly visible to the public;

(b) for a period of not less than seven (7) days prior to any action being undertaken in accordance with the distinctive tree permit on the site; and

(c) for a period of not less than seven (7) days following any action taken in accordance with the distinctive tree permit.

REVOCATION OF A DISTINCTIVE TREE PERMIT

24. (1) The General Manager may revoke a distinctive tree permit where,

(a) the permit was issued on mistaken, misleading, false or incorrect information;

(b) the permit was issued in error;

(d) the owner or permit holder fails to comply with any condition of the distinctive tree permit or this by-law.

(2) No person shall knowingly furnish false or incorrect information for the purposes of obtaining a distinctive tree permit.

PART IV

BY-LAW EXEMPTIONS

GENERAL EXEMPTIONS

25. A tree permit or a distinctive tree permit is not required in the following circumstances where,

(a) pruning is necessary to maintain the health and condition of the tree and is carried out in accordance with good arboricultural practices;

(b) the tree is not a distinctive tree and is located on property one hectare or less in area;

(d) the tree to be destroyed is located within an actively managed, cultivated orchard, tree farm or plant nursery and is harvested for the purposes for which the tree was planted;

(e) the injury or destruction is required as part of the operation of an existing cemetery or golf course;

(f) the tree is an immediate threat to public health and safety; or

(g) the injury or destruction is a normal farm practice carried out as part of an agricultural operation by a farming business.

STATUTORY EXEMPTIONS

26. A tree or a distinctive tree permit is not required in the following circumstances where,

(a) activities or matters are undertaken by the City or a local board of the ` City;

(b) activities or matters are undertaken by a Conservation Authority under the authority of the Conservation Authorities Act;

(c) activities or matters are undertaken by a licence issued under the Crown Forest Sustainability Act, 1994, as amended;

(d) trees are injured or destroyed 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;

(e) trees are injured or destroyed by a transmitter or distributor, as those terms are defined in section 2 of the Electricity Act, 1998, as amended, for the purpose of constructing or maintaining a transmission system or distribution system, as defined in the Electricity Act, 1998, as amended;

(f) trees are injured or destroyed as a condition of approval imposed after December 31, 2002 with respect to a site plan, plan of subdivision, a consent, a development permit under sections 41, 51, 53 or 70.2 respectively of the Planning Act, as amended, or as a requirement of an agreement entered into under those sections;

(g) the injury or destruction occurs on land described in a license for a pit or quarry or a permit for a wayside pit or a wayside quarry issued under the Aggregate Resources Act, as amended; or

(h) the injury or destruction is required 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, as amended 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.

PART V

ENFORCEMENT

ENFORCEMENT BY BY-LAW OFFICER

27. (1) This by-law shall be enforced by a By-law Officer.

(2) A By-law Officer may, at any reasonable time, enter and inspect any land to determine if this By-law, a Order issued under this By-law of a condition of issuance of a tree permit or a distinctive tree permit has been complied with provided that the power of entry does not allow the By-law Officer to enter into any building on the land.

(3) A By-law Officer may, in carrying out an inspection pursuant to subsection (2), be accompanied by the General Manager and any other person possessing expert or special knowledge necessary to assist the By-law Officer with their enforcement activities.

(4) A By-law Officer may require the production for inspection of the tree conservation report or the aborist report, as applicable, and inspect and remove such report for the purpose of making copies.

(5) A receipt shall be provided for any report removed under subsection (4) and the report shall be promptly returned after the copies are made.

(6) A By-law Officer may take photographs necessary for the purpose of the inspection.

(7) No person or permit holder shall hinder or obstruct or attempt to hinder or obstruct the By-law Officer in the discharge of duties under this by-law.

STOP WORK ORDERS

28. (1) Where the General Manager is satisfied that a contravention of this by-law has occurred, the General Manager 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 stop any injury or destruction.

(2) 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.

(3) No person or permit holder shall fail to comply with a Stop Work Order issued by the General Manger pursuant to subsection (1).

29. (1) A Stop Work Order issued under Section 28 may be served personally by the By-law Officer, may be posted in a conspicuous place on the property where the contravention occurred or may be sent by registered mail to the person contravening the by-law.

(2) Where a Stop Work Order under this by-law is served personally by the By-law Officer, it shall be deemed to have been served on the date of delivery to the person or persons named.

(3) The posting of the Stop Work Order on the affected lands shall be deemed to be sufficient service of the Stop Work Order on the person or corporation to whom the Stop Work Order is directed on the date it is posted.

(4) Where a Stop Work Order issued under the by-law is sent by registered mail, it shall be sent to the last know address of,

(a) the applicant;

(b) the owner; or

and shall be deemed to have been served on the fifth day after the Stop Work Order or Order is mailed.

OFFENCES AND PENALTIES

30. (1) Subject to subsection (2), every person who contravenes any provision of this by-law is guilty of an offence as provided for in subsection 492(1) of the Municipal Act, 2001.

(2) Every person who contravenes a Stop Work Order that is issued pursuant to Section 28 of this by-law is guilty of an offence and the offence is hereby designated a continuing offence as provided for in subsection 492(2)(a) of the Municipal Act, 2001.

31. A person who is convicted of an offence under subsection 30(1) of this by-law is liable to a minimum fine of $500.00 and a maximum fine of $100,000.00 as provided for in subsection 429(3) 1. of the Municipal Act, 2001.

32. A person who is convicted of an offence under subsection 30(2) of this by-law is liable, for each day or part of a day that the offence continues, to a minimum fine of $500.00 and a maximum fine of $10,000.00 and the total of all daily fines for the offence is not limited to $100,000.00 as provided for in subsection 429(3) 2. of the Municipal Act, 2001.

33. When a person has been convicted of an offence under this by-law, the Superior Court of Justice or any court of competent jurisdiction thereafter, may, in addition to any penalty imposed on the person convicted, issue an order

(a) prohibiting the continuation or repetition of the offence by the person convicted; and

(b) requiring the person convicted to correct the contravention in the manner and within the period that the court considers appropriate.

PART VI

ADMINISTRATION

SHORT TITLE

34. This by-law may be referred to as the “Urban Tree Conservation By-law”.

EFFECTIVE DATE

35. (1) Subject to subsection (2), this by-law shall come into force and take effect on the date that it is enacted.

(2) Part III of this by-law shall come into force and take effect on October 1, 2009.

ENACTED AND PASSED this day of ,2009.

CITY CLERK MAYOR

Schedule “A”

Tree Preservation Guidelines

Guidelines contained in Document 2 to be inserted here

Schedule “B”

Permit Fees

Tree Permit* $100.00

Distinctive Tree Permit** $ 50.00

* where application for a tree permit is part of investigative site works or a development application, the fee is contained within the development application fee

** where the applicant for a distinctive tree permit demonstrates to the satisfaction of the General Manger that the distinctive tree is dead, the application fee shall be refunded to the applicant

REVISED GUIDELINES FOR CITY OF OTTAWA

TREE CONSERVATION REPORT DOCUMENT 2

The importance of protecting vegetation cover on sites subject to development is outlined in the Official Plan (Section 4.7.2). Together, the Tree Conservation Report and the Landscape Plan ensure that trees will be retained in development scenarios, where feasible, and that new trees will be planted to contribute to the City’s forest cover target and to address a site’s tree loss.

The purpose of the Tree Conservation Report is to retain as much natural vegetation as possible, including mature trees, stands of trees, and hedgerows, using a design with nature approach to planning and engineering. A design with nature approach incorporates the natural features of a site into the design and engineering of a proposed development. This includes, but is not limited to, measures such as retention of vegetation, consideration of wildlife habitats, and respect for natural drainage patterns.

The report should consider natural features not just on the study site, but on the surrounding landscape as well. This will provide context for the site and show natural area representation at a larger scale surrounding the given site.

The report will identify and describe the vegetative cover on the site prior to development. It will provide a professional opinion as to the priority that should be given to the conservation of the treed areas on site. And it will show how the priority features have been incorporated into the proposed development.

Process

· The Tree Conservation Report is required for all Plans of Subdivision, Site Plan Control Applications, Common Elements Condominium Applications, and Vacant Land Condominium Applications where there is a tree[3] of 10 centimeters in diameter or greater on the site.

· The report will be prepared by an individual with proven expertise and/or professional qualifications in forestry, ecology, biology, arboriculture, or landscape architecture in accordance with the definition of “arborist” in Section 1 of By-law 2009-XXX.

The qualifications of the person preparing the report will be indicated in the document.

· The Tree Conservation Report will be submitted for approval with a development application, before an application, or at the time of the pre-consultation. The approval of the report constitutes the permit to remove trees. It will be submitted and approved before any site alteration activities occur on site, including soil testing and other investigative site works.

· The report will be submitted in hard copy and digital format.

· The removal of trees on the site cannot occur until written approval of the Tree Conservation Report has been granted (as per By-law 2009-XXX)

· Amendments to the report may be submitted for approval if changes are required as a result of investigative site works, infrastructure and engineering approvals, or other plan changes. Tree removal, and any activities that could injure trees, must not occur until the amendment has been approved.

· A copy of the report must be available on-site during tree removal, grading, construction, and any other site alteration activities.

· Adherence to the directions outlined in the Tree Conservation Report will be monitored on site by City staff during construction.

· The Landscape Plan will follow the recommendations made and approved in this report.

· Elements outlined in the Tree Conservation Report will be incorporated into conditions of draft plan approval where relevant.

· If an Environmental Impact Statement (EIS) is required for a given site, that report will take the place of the Tree Conservation Report. The EIS will contain the elements listed below in addition to the EIS requirements. Tree removal, and any activities that could injure trees, must not occur until written approval of the EIS is provided.

Elements

The Tree Conservation Report will include the following elements:

1. An inventory of the trees currently on site, including species composition, size, age, and condition and health of the trees.

2. A description of the environmental value of the trees within the site and their ecological function, including their context within the surrounding landscape. The following natural elements should be considered:

a. Surface water features, including wetlands and watercourses;

b. Steep slopes, including valleys and escarpments;

c. Valued woodlots designated as Urban Natural Features or Natural Environment Areas, areas evaluated in the Urban Natural Areas Environmental Evaluation Study (UNAEES), or other areas that meet the criteria used in the UNAEES;

d. In the rural area, identify the presence of significant woodlands, which are woodlands that contain mature stands of trees 80 years or older, have interior forest habitat more than 100 metres from forest edge, and are adjacent to a surface water feature;

e. Greenspace linkages as identified in the Greenspace Master Plan or as may occur in the larger landscape;

f. High quality, specimen trees;

g. The presence of rare communities or other unique ecological features, as may be identified in available data sources including the Natural Environment System Strategy, Natural Heritage Information Centre, Ecological Land Classification, or other MNR data;

h. Species at Risk and their habitat.

3. Map #1 Current Vegetation - A current aerial photograph of the site (available through the City’s e-map tool) showing the current vegetation mapped as an overlay. This map should be at the same scale as the draft plan of subdivision or site plan. The following elements must be included:

a. The property line;

b. The vegetation communities;

c. Single trees and small clumps of trees;

d. Existing buildings and impervious surfaces (e.g. driveways and parking lots);

e. Surface water features;

f. Steep slopes;

g. Locations of wetlands, valued woodlots, high quality trees, rare communities, and Species at Risk, including their habitat;

h. Greenspace linkages (for larger scale linkages, this can also be shown on a separate map);

i. Names of surrounding roads;

j. Standard mapping elements such as a north arrow, scale, date, and legend.

4. Map #2 Proposed Development and Conserved Vegetation – The same aerial photograph of the site as in Map #1 showing the proposed development or the proposed plan of undertaking[4] as an overlay. This should be at the same scale as the draft plan of subdivision or site plan. The following elements must be included:

a. Proposed development (including; roads, infrastructure, stormwater management, lot lines, etc.) or the proposed plan of undertaking;

b. The property line;

c. Existing buildings and impervious surfaces (e.g. driveways and parking lots);

d. Treed areas identified for protection;

e. Surface water features;

f. Steep slopes;

g. Locations of wetlands, valued woodlots, high quality trees, rare communities, and Species at Risk;

h. Remaining greenspace linkages (for larger scale linkages, this can also be shown on a separate map);

i. Names of surrounding roads;

j. Standard mapping elements such as a north arrow, scale, date, and legend.

5. Identify what vegetation will be retained and why it has been chosen for retention. If there are several vegetated areas on site or a large area, it should be identified how the areas are prioritized for retention.

6. An indication of how parkland dedication, road locations, infrastructure, stormwater management facilities, creative lot layouts, and design approaches can help to conserve vegetated areas, where feasible.

7. Describe the area and nature of vegetation loss on the site and how it will affect the natural systems on site and on the surrounding landscape. Refer to the features outlined in #2 a-h.

8. The impact of the development on the conserved portions of vegetation should be examined and outlined, including and not limited to the impacts of grade change, changes to drainage patterns, effects of impervious surfaces and new buildings, and changes in the water table.

9. Describe mitigation measures that will be used to promote the long-term survival of retained trees and woodlands (e.g. buffers for protection, fencing, single loaded roads along forest stands, edge preparation).

10. Outline the protection measures during construction for trees and woodlands being retained that may be impacted by the construction. Where feasible, show that efforts will be made to protect trees on adjacent property that may be impacted by the construction. Use the following protection measures: http://ottawa.ca/residents/healthy_lawns/forestry/protection_en.html.

11. Where there is substantial alteration of the tree cover on the site, consider the impact on fauna or rare species during and after construction and propose mitigation measures. Indicate how this is meeting any existing legislation on species protection.

12. Include tree planting recommendations for the site which will direct the development of the Landscape Plan, including the following recommendations:

a. The species to be used for the given site conditions;

b. The use of native, non-invasive tree species. In applicable areas, the Guidelines for Planting in Areas of Sensitive Marine Clay must be followed;

c. Where tree planting is required to provide protection for watercourses and steep slopes;

d. How the proposed tree planting will help offset the vegetation loss on site;

e. How the tree planting recommendations implement existing plans and policies for the site, including a Community Design Plan, Neighbourhood Plan, Heritage Streetscape, Design Guidelines, and Landscape Guidelines.

Information to be included with Tree Conservation Report

1. The name, address and telephone number of the owner.

2. The name, address and telephone number of the applicant, if different from the owner and the owner’s written consent to the application.

3. The name, address and telephone number of the professional hired by the owner or applicant to complete the report.

4. The name, address and telephone number of the contractor implementing the tree and forest conservation plan, if applicable.

5. The municipal address and legal description of the land, upon which the trees are proposed to be protected, injured or destroyed.

6. Confirmation of existing Official Plan and zoning designations, and the status of any planning applications on the property.

7. The purpose for which the Tree Conservation Report is being prepared.

8. A schedule of the proposed works, including the start and end dates and the construction period.

9. Confirmation of any other applications affecting the land, upon which the trees are to be protected, injured or destroyed.

[1] Diameter at breast height is defined as the measurement of the trunk of a tree at a height of 120 cm for trees of 15 cm or greater, and at a height of 30 cm for trees less than 15 cm in diameter.

[2] “Arborist” means an expert in the care and maintenance of trees and includes an arborist qualified by the Ontario Ministry of Training, Colleges and Universities, a certified arborist with 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, Planning and Growth Management.

[3] “Tree” is defined as any species of woody perennial plant, including its root system, which has reached or can reach a minimum height of at least 450 cm at physiological maturity.

[4] A plan of undertaking could include a plan for investigative site works or a plan for sustainable forest management on the site.

Municipality	Title	Date effective	Link	Size/Type of tree affected	Application & permit process	Permit fees	Compensation
Ottawa – proposed	Urban Tree Conservation By-law	----	----	· Land>1ha: trees with a diameter of 10 cm or more · Land <=1ha: trees with a diameter of 70 cm or more	· Land>1ha: permit obtained through a City approved Tree Conservation Report · Land <=1ha: permit is required to injure or destroy a tree 70 cm or more in diameter	· Land>1ha: included within development application charge or $100 outside of a development situation · Land <=1ha: $50	A condition of tree permit may be to require the planting of replacement trees.
Toronto	Private Tree Protection By-law	September 30, 2004	http://www.toronto.ca/legdocs/municode/1184_813.pdf	Trees with a diameter of 30 cm or more	Yes, permit is required to injure or destroy a tree. Must submit an application and the fee to Urban Forestry Services	Development related permits: $200/tree Non-development related permits: $100/tree to a maximum of $300	A condition of the tree permit may be to require the planting replacement trees.
Kingston	Tree By-law	September 4, 2007	http://www.cityofkingston.ca/cityhall/bylaws/trees/index.asp	· Trees with a diameter of 15 cm or more · Distinctive trees defined as trees uncommon to the region · Does not apply to residential lots developed with a structure	Yes, permit required to injure or destroy a tree. Must submit application and fee to Planning and Development Department. Can be submitted and processed concurrently with a development application.	1-5 trees = $75 6-15 trees = $150 More than 15 trees = $300 This includes admin fee and 3 hours of staff time. Additional staff time is $50/hour.	A condition of the tree permit may be to require the planting of replacement trees. Monetary compensation required when trees are injured or destroyed. The International Society of Arboriculture Trunk Formula Method is used.