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BYLAW - Tree Planting ReEnactment - 20051213 - 473405PTHE CORPORATION OF THE TOWN OF AURORA By-law Number 4734-0S.P 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 Sections 62, 135 (1) and141 of the Municipal Act 2001, as amended, permits Municipal Councils to pass By-laws 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 Sections 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 Council 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 Leisure Services appointed by the Council of the Corporation of the Town of Aurora; 2. No person or his agents, servants or employees 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 approval of the authorities having public services located in or upon the portion of the highway for which permission is sought; 2) a consent form indicating the Corporation may from time to time as it deems expedient perform such routine pruning and maintenance functions on the tree(s); 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; By•law Number 4734'05.P Page 2 of3 4. When it is deemed essential, in the public 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 Council 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; 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 wilfully 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 provisions of this By-law shall come into force and effect upon final passage thereof. READ A FIRST AND SECOND TIME THIS 131h DAY OF DECEMBER, 2005. READ A THIRD TIME AND FINALLY PASSED THIS 131h DAY OF DECEMBER 2005. B. aOWN CLERK SCHEDULE"A" Plant List of Appropriate Boulevard Trees COMMON NAME BOTANICAL NAME Norway MapleAcer platanoides Crimson King Maple Acer platanoides -(Crimson King) Swedish Maple Acer platanoides _(Debora) European Hornbean Carpinus betulus Common Hackberry Celtis occidentalis Lavalle Hawhorn Crataegus lavallei White Ash Fraxinus americana Green Ash Fraxinus pennsylvanica Shademaster Locust Gleditsia triacanthos-(Shademaster) Maidenhair Tree Ginkgo biloba Pin Oak Quercus maximowiczii English Oak Quercus robur Red Oak Quercus rubra Little Leaf Linden Tilia cordata Glenleven Linden Tilia cordata -(Glen Ieven) London Plane Tree Plantanus a cerifolia Katsura Tree Cercidiphyllum japonicum Northern Catalpa Catalpa speciosa Tree of Heaven Ailanthus altrissima Sugar Maple Acer saccharum Shubert Choke Cherry Prunus virginiana-(Shubert) Black Walnut Juglans nigra Ivory Silk Tree Lilac Syringa peticulata By•law Numb'er 4734•05.P Page 3 of3 Residents choosing to plant shrubs must have the species approved in writing by the Director of Leisure Services.