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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; - 2 - 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. . ,, - 3 - 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.