BYLAW - Regulate Tree Planting on Highways - 19901026 - 322790BY-LAW NUMBER 3227-90
OF THE CORPORATION OF THE TOWN OF AURORA
BEING A BY-LAW to regulate the
planting of shade or ornamental
trees upon the highways under the
jurisdiction of the Town of
Aurora:.
WHEREAS Section 313 of the Municipal Act, R.S.O. 1980, Chapter 302, as
amended, permits Muni ci pa 1 Counci 1 s to pass By-1 aws authorizing and
regulating the planting of shade or ornamental trees upon any highway;
AND WHEREAS the Council of the Corporation of the Town of Aurora deems it
expedient to enact a By-law pursuant to the said Section to authorize the
planting of certain species of trees, providing for preservation of trees
planted upon highways and for prohibiting the injuring or destroying of
trees on highways;
NOW THEREFORE the Counci 1 of the Corporation of the Town of Aurora enacts
as follows:
1. For the purposes of this By-law, the following definitions and
interpretations shall govern:
1.1 "Tree" includes a growing tree or shrub planted or left growing
on either side of a highway for the purpose of shade or ornament;
1.2 "Highway" includes a common and public highway, street, avenue,
parkway, driveway, square, place, bridge, viaduct or trestle,
designed and intended for, or used by, the general public for the
passage of vehicles;
1.3 "Corporation" means the Corporation of the Town of Aurora;
1.4 "Council" means the Council of the Corporation of the Town of
Aurora;
1. 5 "Director" means the Director of Lei sure Services appointed by
the Council of the Corporation of the Town of Aurora.;.
2. No person or his agents, servants or empl oyeps shall plant any tree
upon any highway in the Town of Aurora without having first obtained
consent of the Director pursuant to the provisions of this By-law;
3. All applications for consent to plant trees on highways shall be on the
form prescribed for such purpose, and shall be accompanied by:
1) the appropriate approva 1 of the authorities having pub 1 i c
services located in or upon the portion of the highway for which
permission is sought;
2) a consent form i ndi eating the Corporation
as it deems expedient perform such
maintenance functions on the tree(s);
may from time to time
routine pruning and
3) an acknowledgement of the provisions of Section 5 hereunder;
4) an indication that the Corporation will not be held liable for
the replacement of a tree not establishing a healthy growth or
replacement should it be injured for whatever reason, as a result
of the necessity to perform work on the highway on which the tree
is situated;
4. When it is deemed essenti a 1 , in the pub 1 i c interest, to remove a tree
planted upon a highway pursuant to the provisions of this By-law, the
owner of the lands appurtenant to which the tree is planted shall be
given ten days' notice of the intention of the Counci 1 to remove such
tree and, if he so desires, is entitled to remove the tree himself, but
is not entitled to any further or other compensation;
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By-law 3227-90
5. No person shall plant or permit to be planted on any highway any
species of tree other than those specified on Schedule "A" attached
hereto;
6. The Director may remove or cause to be removed without notice, any tree
not included on Schedule "A", or found growing on a highway or planted
thereon contrary to this By-law;
7. No person shall willfully injure or destroy any tree planted on any
highway within the Town of Aurora;
8. No person shall attach or permit the attaching of any object or thing
to a tree located on any highway or public place, except with the
written consent of the Director notwithstanding that such attachment
would not injure or destroy the tree;
9. Any person convicted of a breach of the provisions of the By-law shall
be guilty of an offence and every person who is convicted of an offence
under this By-law by a Provincial Court Presiding Justice shall be
subject to a fine for not more than two thousand dollars ($2,000.00)
for each offence. Such fines to be recoverable under the Provincial
Offences Act;
10. This By-law may be cited as the "Boulevard Tree By-law" of the Town of
Aurora;
11. Schedule "A" attached hereto forms part of this By-law; and
12. The pro visions of this By-1 aw shall come into force and effect upon
final passage thereof.
READ A FIRST AND SECOND TIME THIS 26th DAY OF Septem)Jer ' 1990.
READ A THIRD TIME AND FINALLY PASSED THIS lOth DAY OF October ' 1990.
. ,,
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SCHEDULE "A" to By-law 3227-90
Plant List of Appropriate Boulevard Trees
COMMON NAME
Norway Maple
Crimson King Maple
Swedish Maple
European Hornbean
Common Hackberry
Lava 11 e Hawhorn
White Ash
Green Ash
Shademaster Locust
Maidenhair Tree
Pin Oak
English Oak
Red Oak
Little Leaf Linden
Glenleven Linden
London Plane Tree
Katsura Tree
Northern Catalpa
Tree of Heaven
Sugar Maple
Shubert Choke Cherry
Black Walnut
Ivory Silk Tree Lilac
BOTANICAL NAME
Acer platanoides
Acer platanoides -(Crimson King)
Acer platanoides (Debora)
Carpinus betulus
Celtis occidentalis
Crataegus lavallei
Fraxinus americana
Fraxinus pennsylvanica
Gleditsia triacanthos -(Shademaster)
Ginkgo biloba
Quercus maximowiczii
Quercus robur
Quercus rubra
Til ia cordata
Tilia cordata -(Glen leven)
Plantanus a cerifolia
Cercidiphyllum japonicum
Catalpa speciosa
Ailanthus altrissima
Acer saccharum
Prunus virginiana-(Shubert)
Juglans nigra
Syringa peticulata
Residents choosing to plant shrubs must have the species approved in writing
by the Director of Leisure Services.