AGENDA - General Committee - 20151117GENERAL COMMITTEE
MEETING AGENDA
TUESDAY,NOVEMBER 17,2015
7 P.M.
COUNCIL CHAMBERS
AURORA TOWN HALL
PUBLIC RELEASE
November 13,2015
TOWN OF AURORA
GENERAL COMMITTEE MEETING
AGENDA
Tuesday,November 17,2015
7 p.m.
Council Chambers
Councillor Abel in the Chair
1.DECLARATION OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF
2.APPROVAL OF THE AGENDA
RECOMMENDED:
THAT the agenda as circulated by Legal and Legislative Services be approved.
3.DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION
4.ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION
5.DELEGATIONS
(a)Isobel Ralston,Resident pg.1
Re:Item 1 Memorandum from the Director of Parks &Recreation
Services,Re:Tree Protection By-law
(b)Jim Tree,Manager of Parks pg.2
Re:Item 3 PR15-026 Urban Forest Management Plan &Policies
(c)Dr.Brian Moore,Canadian Disc Institute pg.3
Re:Item 6 BBS15-013 Request for Sign Variance to Sign By-law
No.4898-07.P for the Canadian Disc Institute at 15000 Yonge
Street
General Committee Meeting Agenda
Tuesday,November 17,2015 Page 2 of 8
(d)Jim Abrams,President,and Carol Hedenberg,pg.4
Aurora Seniors Association
Re:Item 15 PR15-038 Aurora Seniors Centre Operating
Agreement Renewal 2016-2021
6.PRESENTATIONS BY THE ADVISORY COMMITTEE CHAIR
7.CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION
8.NOTICES OF MOTION
(i)Notices of Motion
(a)Councillor Abel pg.270
Re:Deployment of Light Armoured Vehicle (LAV)at the
Aurora Cenotaph
(b)Councillor Abel pg.271
Re:Regional GO Transit Shuttle
(c)Councillor Abel pg.273
Re:Temperance Street Cultural Precinct
9.NEW BUSINESS/GENERAL INFORMATION
10.CLOSED SESSION
RECOMMENDED:
THAT General Committee resolve into a Closed Session meeting to consider the
following matters:
1.Personal matters about an identifiable individual,including a Town or Local
Board employee (section 239(2)(b)of the Municipal Act,2001);Re:Report
No.LLS15-067 -Appointments to the Heritage Advisory Committee
2.Personal matters about an identifiable individual,including a Town or Local
Board employee (section 239(2)(b)of the Municipal Act,2001);Re:Chief
Administrative Officer Recruitment
11.ADJOURNMENT
General Committee Meeting Agenda
Tuesday,November 17,2015 Page 3 of 8
AGENDA ITEMS
1.Memorandum from the Director of Parks &Recreation Services pg.5
Re:Tree Protection By-law
(referred from October 27,2015 Council meeting)
RECOMMENDED:
THAT the memorandum regarding Tree Protection By-law be received for
information.
2.PR15-035 Tree Removal/Pruning and Compensation Policy pg.149
(referred from November 10,2015 Council meeting)
RECOMMENDED:
THAT the draft Tree Removal/Pruning and Compensation Policy attached to
Report No.PR15-035 be approved;and
THAT the draft Tree Removal/Pruning and Compensation Policy be applicable to
all planning applications that are currently under review by the Town,provided
the applicants have been duly notified of this draft Policy and are currently
complying with the said draft Policy;and
THAT the Tree Removal/Pruning and Compensation Policy come into full force
for all new requests or applications received by the Town as of December 1,
2015.
3.PR15-026 Urban Forest Management Plan &Policies pg.169
RECOMMENDED:
THAT Report No.PR15-026 be received;and
THAT the Urban Forest Management Plan and Policy (TAUFMPP),Attachment 1
to Report No.PR15-
purposes of public information and stakeholder notification;and
THAT,unless any significant comments or feedback are received from the public
or stakeholders that staff determines needs to be brought to Council attention,
the (TAUFMPP)be deemed to be adopted by Council effective December 1,
2015.
General Committee Meeting Agenda
Tuesday,November 17,2015 Page 4 of 8
4.IES15-069 Aurora Family Leisure Complex Additional pg.176
Modification Requests
RECOMMENDED:
THAT Report No.IES15-069 be received;and
THAT staff proceed with the modifications to the north pool access door for
entrance by those with qualified disabilities at a budget requirement of
$15,000 with funding provided from the Facilities Repair and Replacement
Reserve;and
THAT staff proceed with the purchase of new lockers in the amount of
$166,000 with funding provided from the Facilities Repair and Replacement
Reserve;and
THAT staff monitor the operation and performance of the Aurora Family
Leisure Complex areas being considered for additional modification as
outlined in Report No.IES15-069 for a 12-month period;and
THAT staff consider any additional projects outlined in Report No.IES15 -069
in the 2017 Capital Budget.
5.CFS15-046 Annual Cancellation,Reduction or Refund of Property pg.182
Taxes under Sections 357 and 358 of the Municipal Act
RECOMMENDED:
THAT Report No.CFS15-046 be received;and
THAT a meeting be held in accordance with Sections 357 and 358 of the
Municipal Act
applications filed with the Treasurer by the owners of property listed in this report
at which applicants may make representations;and
THAT property taxes in the amount $35,747.80 be adjusted pursuant to Section
357 of the Act;and
THAT property taxes in the amount of $12,879.66 be adjusted pursuant to
Section 358 of the Act;and
THAT the associated interest applicable be cancelled in proportion to the
property taxes adjusted;and
General Committee Meeting Agenda
Tuesday,November 17,2015 Page 5 of 8
THAT the Director of Corporate &Financial Services/Treasurer be directed to
adjustments.
6.BBS15-013 Request for Sign Variance to Sign By-law No.4898-07.P pg.187
for the Canadian Disc Institute at 15000 Yonge Street
RECOMMENDED:
THAT Report No.BBS15-013 be received;and
THAT a request for variance to Sign By-law No.4898-07.P to allow a 4.09m2 wall
sign located 190mm above grade for the Canadian Disc Institute at 15000 Yonge
Street be denied.
7.BBS15-014 Request for Sign Variance to Sign By-law No.4898-07.P pg.198
for Panera Bread at 15610 Bayview Avenue
RECOMMENDED:
THAT Report No.BBS15-014 be received;and
THAT a request for variance to Sign By-law No.4898-07.P to allow wall signs on
four (4)elevations of Panera Bread at 15610 Bayview Avenue,whereas Sign By-
law 4898-07.P only permits signs on two (2)elevations,be approved.
8.BBS15-015 Request for Sign Variance to Sign By-Law No.4898-07.P pg.205
for the Canadian Tire at 15400 Bayview Avenue
RECOMMENDED:
THAT Report No.BBS15-015 be received;and
THAT a request for variance to Sign By-law No.4898-07.P to allow three (3)wall
signs on the east elevation of the Canadian Tire at 15400 Bayview Avenue,
whereas Sign By-law 4898-07.P only permits one (1)wall sign,be approved.
General Committee Meeting Agenda
Tuesday,November 17,2015 Page 6 of 8
9.IES15-064 Extension of Janitorial Services Contract pg.212
RECOMMENDED:
THAT Report No.IES15-064 be received;and
THAT Tender No.IES2010-71 for Janitorial Services and Supplies be extended
to Royal Building Cleaning Ltd.to July 31,2016,an additional six (6)months,for
the amount of $225,000 excluding taxes.
10.IES15-068 Facility Projects Status Report pg.215
RECOMMENDED:
THAT Report No.IES15-068 be received for information.
11.IES15-066 Supply of Alternative De-icer pg.224
RECOMMENDED:
THAT Report No.IES15-066 be received;and
THAT Tender IES15-67 for the supply of Thawrox be awarded to Sifto Compass
Minerals Canada Corporation in the value of $260,000 plus taxes per year for a
contract period of two (2)years starting January 1,2016;and
THAT the Mayor and Town Clerk be authorized to execute the necessary
Agreement,including any and all documents and ancillary agreements required
to give effect to same.
12.IES15-067 Purchase Order Increase to Purchase Water Meters pg.227
for 2C
RECOMMENDED:
THAT Report No.IES15-067 be received;and
THAT the purchase order for the supply of water meters from Wamco Municipal
Products Inc.be increased by $133,000 to a revised amount of $270,000,
excluding taxes;and
THAT the budget for water meter supply expenses be increased by $120,000
and that the revenue for water meter sales be increased by $138,000,be
approved.
General Committee Meeting Agenda
Tuesday,November 17,2015 Page 7 of 8
13.PR15-036 Purchase Order Increase for Street Tree Pruning and pg.230
Removal
RECOMMENDED:
THAT Report No.PR15-036 be received;and
THAT Purchase Order 2014000002 (Weller Tree Services Ltd.)be increased by
$70,000.00,excluding taxes;and
THAT the option to renew the Arboriculture Services contract be exercised for the
third and final year of the Contract ending December 31,2016.
14.PR15-037 Culture &Recreation Grant Bi-Annual Allocation for pg.235
September 2015
RECOMMENDED:
THAT Report No.PR15-037 be received for information.
15.PR15-038 Aurora Seniors Centre Operating Agreement pg.238
Renewal 2016-2021
RECOMMENDED:
THAT Report No.PR15-038 be received;and
THAT the Amended Operating Agreement between the Aurora Seniors
Association and the Town of Aurora be approved;and
THAT the Mayor and Town Clerk be authorized to execute the Operating
Agreement Renewal 2016-2021 with the Aurora Seniors Association including
any and all documents and ancillary agreements required to give effect to same.
16.PL15-085 Delegated Development Agreements,pg.250
2015 Summary Report
RECOMMENDED:
THAT Report No.PL15-085 be received for information.
General Committee Meeting Agenda
Tuesday,November 17,2015 Page 8 of 8
17.Central York Fire Services (CYFS)Joint Council Committee (JCC)pg.253
Meeting Minutes of June 2,July 21,September 8,and October 13,2015
RECOMMENDED:
THAT the Central York Fire Services Joint Council Committee meeting
minutes of June 2,2015,July 21,2015,September 8,2015,and October 13,
2015,be received;and
THAT the Central York Fire Services Joint Council Committee,at its
meeting of October 13,2015,recommended to Council:
3.Corporate Services Report Financial Services 2015-46,dated
September 22,2015 regarding Central York Fire Services Reserve
Fund
a)THAT Corporate Services Report -Financial Services 2015-46
dated September 22,2015 regarding Central York Fire
Services Reserve Fund be received and the following
recommendations be adopted:
i)THAT JCC set a target level for the CYFS Reserve fund as
proposed in this report;
ii)AND THAT any 2015 CYFS operating surplus be allocated
back to each municipality based on their budgeted allocation
percentage;
iii)AND THAT JCC recommend that the Councils of each
municipality waive the requirements specified in Schedule D
of the Fire/Emergency Services Agreement between the
Town of Aurora and the Town of Newmarket dated
November 1,2001,in this one instance.
DELEGATION REQUEST
This Delegation Request form and any written submissions or background information for
consideration by either Council or Committees of Council must be submitted to the Clerk’s office by
the following deadline:
4:30 P.M.ON THE BUSINESS DAY PRIOR TO THE REQUESTED MEETING DATE
COUNCIL/COMMITTEE/ADVISORY COMMITTEE DATE:
SUBJECT:
NAME OF SPOKESPERSON:
NAME OF GROUP OR PERSON(S)BEING REPRESENTED (if applicable):
BRIEF SUMMARY OF ISSUE OR PURPOSE OF DELEGATION:
PLEASE COMPLETE THE FOLLOWING:
Have you been in contact with a Town staff or Council member
regarding your matter of interest?YES NO
IF YES,WITH WHOM?DATE:
I acknowledge that the Procedural By-law permits five (5)minutes for Delegations.
Legal and Legislative Services
905-727-3123
councilsecretariatstaff@aurora.ca
Town of Aurora
100 John West Way,Box 1000
Aurora,ON L4G 6J1
Novembr 17,2015
Tree by-law
Isobel Ralston
NA
To discuss concerns with current tree by-law and express support for proposed amendments.
Wendy Gaertner October 27,2015
General Committee Meeting Agenda
Tuesday,November 17,2015 Delegation (a)Page -1
-1 -
DELEGATION REQUEST
This Delegation Request form and any written submissions or background information for
the following deadline:
4:30 P.M.ON THE BUSINESS DAY PRIOR TO THE REQUESTED MEETING DATE
COUNCIL/COMMITTEE/ADVISORY COMMITTEE DATE:November 17,2015
SUBJECT:PR15-026 Urban Forest Management Plan &Policies
NAME OF SPOKESPERSON:Jim Tree,Manager of Parks
NAME OF GROUP OR PERSON(S)BEING REPRESENTED (if applicable):
BRIEF SUMMARY OF ISSUE OR PURPOSE OF DELEGATION:
To provide a summary and overview of Report No.PR15-026 Urban Forest Management Plan &
Policies.
PLEASE COMPLETE THE FOLLOWING:
Have you been in contact with a Town staff or Council member
regarding your matter of interest?YES NO
IF YES,WITH WHOM?DATE:
I acknowledge that the Procedural By-law permits five (5)minutes for Delegations.
Legal and Legislative Services
905-727-3123
CSecretariat@aurora.ca
Town of Aurora
100 John West Way,Box 1000
Aurora,ON L4G 6J1
General Committee Meeting Agenda
Tuesday,November 17,2015 Delegation (b)Page -1
-2 -
General Committee Meeting Agenda
Tuesday,November 17,2015 Delegation (c)Page -1
-3 -
DELEGATION REQUEST
This Delegation Request form and any written submissions or background information for
the following deadline:
4:30 P.M.ON THE BUSINESS DAY PRIOR TO THE REQUESTED MEETING DATE
COUNCIL/COMMITTEE/ADVISORY COMMITTEE DATE:November 17,2015
SUBJECT:Renewal of Aurora Seniors Association Operating Agreement
NAME OF SPOKESPERSON:Jim Abrams,President and Carol Hedenberg
NAME OF GROUP OR PERSON(S)BEING REPRESENTED (if applicable):
Aurora Seniors Association
BRIEF SUMMARY OF ISSUE OR PURPOSE OF DELEGATION:
Re:PR15-038 Aurora Seniors Centre Operating Agreement Renewal 2016 2021
PLEASE COMPLETE THE FOLLOWING:
Have you been in contact with a Town staff or Council member
regarding your matter of interest?YES NO
IF YES,WITH WHOM?Al Downey DATE:October,2015
I acknowledge that the Procedural By-law permits five (5)minutes for Delegations.
Legal and Legislative Services
905-727-3123
CSecretariat@aurora.ca
Town of Aurora
100 John West Way,Box 1000
Aurora,ON L4G 6J1
General Committee Meeting Agenda
Tuesday,November 17,2015 Delegation (d)Page -1
-4 -
DATE:October 20,2015
TO:Mayor Dawe and Members of Council
FROM:Allan D.Downey,Director of Parks and Recreation Services
RE:Tree Protection By-law
RECOMMENDATIONS
THAT the memorandum regarding Tree Protection By-law be received for
information.
BACKGROUND
On May 26,2015,Council directed staff to place the Draft Tree Protection By-law on a future
General Committee agenda for discussion and direction.Council further directed staff to
include all previous reports on this matter.Attached are copies of all staff reports on the
Draft Tree Protection By-law which summarizes all previous discussion on this matter.
Council also directed staff to provide Council with options for meeting dates for the public to
offer comments on the Draft Tree Protection By-law.Staff will propose meeting dates
should Council direct this matter to go forward.
ATTACHMENTS
Attachment #1 -PR14-004 January 14,2014 Tree Protection By-law
Attachment #2 -PR12-001 January 24,2012 Approval of Tree Protection By-law
Attachment #3 -PR12-016 April 25,2012 Public Meeting for Proposed Tree Protection
By-law
Attachment #4 -PR13-046 October 1,2013 Tree Protection By-Law
Attachment #5 -Tree Permit By-law Number 4474-03.D
100 John West Way
Box 1000
Aurora,Ontario
L4G 6J1
Phone:905-727-3123 ext.4752
Email:adowney@aurora.ca
www.aurora.ca
Town of Aurora
Parks and Recreation
Services
General Committee Meeting Agenda
Tuesday,November 17,2015 Item 1 Page -1
-5 -
GENERAL COMMITTEE REPORT No.PR14-004
SUBJECT:Tree Protection By-Law
FROM:Allan D.Downey,Director of Parks and Recreation Services
DATE:January 14,2014
RECOMMENDATIONS
THAT Report No.PR14-004 be received;and
THAT Council approve the Private Tree Protection By-law as attached.
PURPOSE OF THE REPORT
To provide Council with the Private Tree Protection By-law effective May 1st,2014.
BACKGROUND
At the October 1,2013 General Committee meeting,Council engaged in significant
discussions concerning several areas of concern within the the revised Private Tree
Protection By-law -As a result Council referred the draft By-law back to
staff for further revisions prior to releasing the By-law to the public
Pursuant to Council direction,the Tree Protection By-law Committee has identified three
sections of the draft By-law which were the focus of Council discussion at the October
1,2013 General Committee Meeting as follows:
Trees in the Heritage District;
Trees on larger residential private property;
Trees on golf courses.
Staff have attempted to condense the issues surrounding each of these areas of
concern and itemized various options that could be considered by Council in further
revising the current draft Tree Protection By-law.
TOWN OF AURORA
Attachment #1
General Committee Meeting Agenda
Tuesday,November 17,2015 Item 1 Page -2
-6 -
January 14,2014 -2 -Report No.PR14-004
COMMENTS
In response to Council direction to provide further revisions to the draft Tree Protection
By-law,staff reconvened a meeting with the By-law Review Committee who were
initially assigned to review the Tree Protection By-law.This meeting was conducted on
November 4,2013.
It was the position of the Committee that the recommended by-law was drafted in
accordance with the Committees mandate and,as such,the committee did not suggest
that revisions be made to the draft By-law at this time.Alternatively,the Committee
discussed the three areas of the By-law that appeared to be problematic and suggested
the various options that Council may wish to select in arriving at a fair and
comprehensive final Private Tree Protection By-law.
EXISTING BY-LAW PROPOSED BY-LAW
TREES IN THE
HERITAGE DISTRICT
TREES IN THE HERITAGE
DISTRICT ISSUES OPTIONS
No special protection
measures.Not more than
4 trees greater than 20
centimeters in diameter
can be removed in a 12
month period without
obtaining a permit.
Tree Removal Permit must
be obtained to remove any
tree within the Heritage
District and or classified as a
Heritage Tree (see definition
in new By-law)and Council
approval (following a review
by the Heritage Advisory
Committee)is required.
May be seen as overly
restrictive as property
owners would be required
to obtain a permit to
remove a single tree of all
sizes including sapling
trees
Wide application effecting
all properties within the
designated heritage
district,and listed on the
Properties of Cultural
Heritage Value or Interest
(see attached list)
1.Apply the By-law
exactly the same
as all other areas in
Town,i.e.permit
removal two trees of
any size within a 12
month period.
2.Require a permit for
removal of any tree 40
cm.in diameter or
greater in a 12 month
period;trees under
40cm in diameter
would be treated as
any other tree under
the new By-law.
3.Delete reference in the
By-law to Register of
Properties of Cultural
Heritage Value or
Interest.Permit would
be required to remove
any tree that would fall
under the limited
definition.
4.Revise definition of a
Heritage Tree to only
apply to trees greater
than 20 cm in
diameter.Permit would
be required to remove
any such trees.
General Committee Meeting Agenda
Tuesday,November 17,2015 Item 1 Page -3
-7 -
January 14,2014 -3 -Report No.PR14-004
EXISTING BY-LAW PROPOSED BY-LAW
TREES ON LARGER
RESIDENTIAL PRIVATE
PROPERTY
TREES ON LARGER
RESIDENTIAL PRIVATE
PROPERTY
ISSUES OPTIONS
No special protection
measures.Not more than
4 trees greater than 20
centimeters in diameter
can be removed in a 12
month period without
obtaining a permit.
Tree removal permit must be
obtained prior to the removal
of three or more trees in a 12
month period regardless of
property size.
Concerns that the number
of trees permitted to be
removed without first
obtaining a permit is
disproportionate in terms of
property size e.g.owner of
a smaller residential
property per mitted to
remove same number of
trees as owners of larger
properties.
1.Continue to permit
owners of properties to
remove 4 trees in a 12
month period as is
currently permitted in
the existing By-law,
regardless of property
size.
2.Permit owners of
larger properties (.25
ha or greater)to
remove 2 trees per .25
ha in a 12 month
period.
TREES ON GOLF
COURSES
TREES ON GOLF
COURSES ISSUES OPTIONS
Currently exempt from
Town of Aurora tree permit
process.,Golf courses can
remove any number of
trees at any time in areas
defined as woodlots.
Regional Tree By-law
does apply to areas
greater than 1 ha,which
fall under the definition of
Woodlands under the
Regional By-law
Golf Courses must obtain a
tree removal permit for the
removal of eleven or more
trees in a 12 month period.
Concerns relative to a lack
of formal foundation or
basis as to the number of
trees permitted to be
removed on a golf course
in the proposed draft By-
law.
Concerns that requirement
is overly restrictive in view
of the operational needs of
the golf industry.
1.Continue to apply
existing By-law
exempting golf
establishments from
the tree protection By-
law
2.Include golf
establishments in the
proposed draft By-law
and limit tree removal
to one tree per four ha.
in a 12 month period.
Option 2 is formed on
the basis that the
average area of an 18-
hole golf course is
approximately 40 ha or
98 acres;using this
formula,an average
golf course would be
permitted to remove
ten trees in a 12 month
period).
By-Law Services identified that if an area requirement is introduced it may create
enforcement challenges.If we suspect there is a contravention,based on an area,we
would require undisputable documentation to lay charges which may require the Town
to prepare a survey.
In the event Council selects any of the options contained in this report or other
applicable options,staff will proceed with completing a final draft of the By-law and
present it to Council for final review and approval.
General Committee Meeting Agenda
Tuesday,November 17,2015 Item 1 Page -4
-8 -
January 14,2014 -4 -Report No.PR14-004
LINK TO STRATEGIC PLAN
The amended Tree Protection By-law supports the Strategic Plan goal of Supporting
Environmental Stewardship and Sustainability for all through its accomplishment in
satisfying requirements in the following key objectives within this goal statement:
ALTERNATIVE(S)TO THE RECOMMENDATIONS
1.Council consider the options contained in this report and direct staff to prepare a
revised Private Tree Protection By-law incorporating any and all changes pur suant
to Councils direction.
2.Further Options as required.
FINANCIAL IMPLICATIONS
There are a number of financial implications that may be realised with the passage of
this more restrictive by-law as follows:
Increased administration associated with issuing tree protection permits;
Increased administration associated with preparing reports and materials for
appeals to Council;
Increased site visits,meetings and monitoring for compliance with permits that
have been issued;
Increased time spent on communicating with and educating residents and
customers on the various aspects of the By-law.
As previously indicated,it is difficult to forecast with any certainty the definitive impacts
associated with administering the proposed By-law at the present time.Revised fees
proposed in the by-law will be subject to approval in the annual Fees and Charges By-
law.
CONCLUSIONS
That Council repeal By-law Number 4474-03.D,as amended,and enact a new Private
Tree Protection By-law in its place to deal with matters relating to injury and destruction
of trees located wholly on private property within the jurisdiction of the Town of Aurora
and that the amended Private Tree Protection By-law come into full force and effective
on May 1,2014.
General Committee Meeting Agenda
Tuesday,November 17,2015 Item 1 Page -5
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General Committee Meeting Agenda
Tuesday,November 17,2015 Item 1 Page -6
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Tuesday,November 17,2015 Item 1 Page -7
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Tuesday,November 17,2015 Item 1 Page -8
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THE CORPORATION OF THE TOWN OF AURORA
By-law Number XXXX-14
BEING A BY-LAW to
prohibit and/or regulate
the Injury or Destruction of
Trees on Private Property
in the Town of Aurora.
WHEREAS subsection 135(1)of the Municipal Act,2001,S.O.2001,c.25 (
provides that a local municipality may prohibit or regulate the destruction or injuring of
trees;
AND WHEREAS trees provide real value in the ecological,social,economic and
communal fabric of the community;
AND WHEREAS trees are among the most important living organisms in their ability to
absorb air pollutants,expel life giving oxygen and provide a host of other environmental
goods and services;
AND WHEREAS subsection 135(7)of the Act provides that a municipality may in a by-
law require that a permit be obtained to injure or destroy trees and may impose
conditions to a permit,including conditions relating to the manner in which destruction
occurs and the qualifications of persons authorized to injure or destroy trees;
AND WHEREAS the Council of The Corporation of the Town of Aurora
desires to repeal By-law Number 4474-03.D,as amended,and enact a new
replacement by-law to deal with matters relating to injury and destruction of trees
located wholly on private property within the jurisdiction of the Town;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
AURORA ENACTS AS FOLLOWS:
1.DEFINITIONS
1.(1)The following words as set out in this by-law shall have the following meanings:
(a)Municipal Act,2001,S.O.2001,c.25,as amended;
(b)"Applicant"means the Owner or an authorized agent of the Owner who
submits an Application under the provisions of this by-law;
(c)"Application"means an application for a Permit on a form prescribed by
the Director;
Attachment #3 to PR14-004
General Committee Meeting Agenda
Tuesday,November 17,2015 Item 1 Page -9
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By-law Number XXXX-14 Page 2 of 17
(d)"Arborist"means an expert in the care and maintenance of trees,and
includes:
(i)an arborist qualified by the Ontario Ministry of Training,Colleges
and Universities;
(ii)a Forest Technician or Forestry Technologist with an applicable
college diploma and a minimum of two (2)years urban forestry
experience;
(iii)a certified arborist qualified by the Certification Board of the
International Society of Arboriculture;
(iv)a consulting arborist registered with the American Society of
Consulting Arborists;
(v)a Registered Professional Forester designated pursuant to the
Professional Foresters Act,2000,S.O.2000,c.18,as amended;or
(vi)such other person with other similar qualifications as approved by
the Director;
(e)"Arborist's Report"means a technical report prepared by an Arborist or
Registered Professional Forester which identifies the surveyed location,
species,size and condition of a tree,provides the reasons for any
proposed Injuring or Destruction of a tree,and describes tree protection
measures or other mitigating activities to be implemented;
(f)"Council"means the Council of The Corporation of the Town of Aurora;
(g)"Cultivated Orchard"means a property that is used for the dominant
purpose of growing and maintaining fruit or nut Trees for the commercial
harvesting and sale of their fruits or nuts;
(h)"DBH"means the diameter at breast height,which shall be the diameter of
the trunk of a Tree at a point of measurement 1.37 metres above the
ground.DBH of multi-trunk Trees shall be measured as prescribed by the
Director.Where a Tree has been cut down and the remaining stump is
less than 1.37 metres in height,the DBH shall be the extrapolated as
prescribed by the Director;
(i)"Destroy and/or Destruction"means to kill by cutting,burning,uprooting,
chemical application,or other means;
(j)"Director"means the Director of Parks &Recreation Services for the Town
or his/her designate;
(k)"Emergency Work"means work necessary to terminate an immediate
threat to life or property and includes maintenance works arising from
natural events (e.g.ice storm,high winds,lightning,etc.)as well as
General Committee Meeting Agenda
Tuesday,November 17,2015 Item 1 Page -10
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By-law Number XXXX-14 Page 3 of 17
maintenance works associated with emergency drain repair,utility repair
and building repairs;
(l)a property that is used to commercially operate a golf
course in compliance with all applic able laws;
(m)"Hazard Tree"means a Tree that is a safety concern to property or life but
not an immediate threat;
(n)(s)Tree,including but not limited to,pairs of
Trees,avenues or windrows of Trees,grove or arboreal remnants,or one
(1)or more Trees that form part of a cultural heritage landscape that is on
private property and is:
(i)located within a heritage conservation district as designated under
Part V of the OHA;
(ii)designated under,or located on a property designated under,Part
IV of the OHA;
(iii)designated by the Ontario Urban Forest Council;
(iv)of Cultural Heritage
Value or Interest;
(o)"Injure and/or Injury"means to damage or attempt to Destroy a Tree by:
(i)removing,cutting,girdling,or smothering of its roots;
(ii)interfering with its water supply;
(iii)setting fire to it;
(iv)applying chemicals on,around,or near it;
(v)compacting or re-grading within the drip line of it;
(vi)causing damage by new development or construction related
activities that are not evaluated as part of an approval under the
Planning Act;
(vii)storing any materials within the drip line;or
(viii)any other means resulting from neglect,accident or design;
(p)"Local Board"means a municipal service board,public library board,
transportation commission,board of health,police services board,or any
other board,commission,committee,body or local authority established
or exercising any power under any legislation with respect to the affairs or
purposes of the Town,but does not include a school board,a conservation
authority,or a private cemetery corporation;
(q)Municipal Law Enforcement Officer"means an individual appointed by the
Town by by-law pursuant to subsections 15(1)and 15(2)of the Police
General Committee Meeting Agenda
Tuesday,November 17,2015 Item 1 Page -11
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By-law Number XXXX-14 Page 4 of 17
Services Act,R.S.O.1990,c.P.15,as amended,for the administration
and enforcement of Town by-laws;
(r)
grafts,or trees propagated or grown in a nursery and with the roots
attached,and includes cuttings with or without the roots attached;
(s)OHA Ontario Heritage Act,R.S.O.1990,c.O.18,as
amended;
(t)"Owner"means the person having the right,title,interest or equity in the
land containing a subject Tree,or his or her agent authorized in writing;
(u)"Permit"means a permit to Injure or Destroy a Tree issued by the Director;
(v)"Permit Application Fee"means the prescribed fee as set out in the
Charges By-law,as may be amended from time to time;
(w)"Person"and/or Persons ,a partnership,an
individual,a public utility and its heirs,executors,directors,or other legal
representatives of a person to whom the context can apply according to
law;
(x)Planning Act Planning Act,R.S.O.1990,c.P.13,as
amended;
(y)"Pruning"means the removal of branches from living Trees by cutting at a
point outside the branch collar (but does not include the removal of more
than one-quarter (¼)of a Tree's leaf-bearing crown),for the purpose of
thinning the crown of a Tree to increase light penetration and air
movement,providing clearance and eliminating interference with utility
lines,buildings,pedestrians or vehicles,or eliminating dead,
hazardous or diseased wood;
(z)"Registered Professional Forester"means a member of The On tario
Professional Foresters Association entitled to use the designation of
"Registered Professional Forester"pursuant to subsection 14(6)of the
Professional Foresters Act,2000,S.O.2000,c.18,as amended;
(aa)"Region"means The Regional Municipality of York;
(bb);
(cc)"Tree"means any perennial woody plant,including its root system,which
has reached or can reach a height of at least four and a half (4.5)meters
at physiological maturity and having its trunk located wholly on private
General Committee Meeting Agenda
Tuesday,November 17,2015 Item 1 Page -12
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By-law Number XXXX-14 Page 5 of 17
property;
(dd)"Tree Farm"means a property on which Trees are grown and maintained
for the dominant purpose of commercial sale;
(ee)"Tree Inventory and Preservation Plan"means a plan required by the
Town as a condition of development or re-development approval pursuant
to sections 41,51,or 53 of the Planning Act,which plan determines,
among other things,the Trees to be:(i)preserved through an assessment
process identifying Trees,shrubs and other specific areas of natural
habitat and their ecological function or importance;(ii)the impacts of any
proposed development on the Trees,shrubs,and other specific areas of
natural habitat and their ecological function or importance;(iii)mitigation
measures and measures to protect and manage Trees to be preserved
(not limited to protective barriers and/or hoarding);and (iv)proper
practices to remove Trees to be destroyed;
(ff)"Woodlands"means land at least one (1)hectare in area and with at least:
(i)1000 trees,of any size,per hectare;
(ii)750 trees,measuring over five (5)centimeters DBH,per hectare;
(iii)500 trees,measuring over twelve (12)centimeters DBH,per
hectare;or
(iv)250 trees,measuring over twenty (20)centimeters DBH,per
hectare;
but does not include a cultivated fruit or nut orchard or a plantation
established for the purpose of producing Christmas trees or Nursery
Stock;
(gg)"York Region Forest Conservation By-law"means by-law No.TR-0004-
2005-036,as amended,or successor thereto,as enacted by the Region.
2.APPLICATION OF THE BY-LAW
2.(1)Except as otherwise provided in this by-law,the provisions of this by-law shall
apply to any Tree whose trunk is located wholly on private property.
2.(2)Despite subsection (1),the Region shall have jurisdiction over the issuance of
any type of permit allowing the Injury or Destruction of Trees on Woodlands.
3.EXEMPTIONS FROM THE BY-LAW
3.(1)The provisions of this by-law do not apply to:
(a)activities or matters within Woodlands that are governed by the York
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Region Forest Conservation By-law;
(b)activities or matters within a building or structure,a solarium,rooftop
garden,or an interior courtyard having a soil depth of less than one and a
half (1.5)metres above a built substructure;
(c)activities or matters undertaken by the Town or a Local Board;
(d)activities or matters undertaken under a license issued under the Crown
Forest Sustainability Act,1994,S.O.1994,c.25,as amended,or
successor thereto;
(e)Trees having its trunk located wholly or partially on municipal lands;
(f)the Injuring or Destruction of Trees within a Tree Farm that are being
actively managed and harvested for the purpose for which the Trees were
planted;
(g)the Injuring or Destruction of Trees within a Cultivated Orchard;
(h)the Injuring or Destruction of Trees by a person licensed under the
Surveyors Act,R.S.O.1990,c.S.29,as amended,or successor thereto,to
engage in the practice of cadastral surveying or his or her agent,while
making a survey;
(i)the Injuring or Destruction of Trees imposed after December 31,2002,as
a condition to the approval of an site plan,plan of subdivision or a consent
under section 41,51 or 53,respectively,of the Planning Act,or as a
requirement of a development agreement,including a site plan agreement
and a subdivision agreement,entered into under those sections (including
the Injury or Destruction of a Tree in compliance with a Tree Inventory and
Preservation Plan);
(j)the Injuring or Destructing 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;
(k)the Injuring or Destruction of Trees by a transmitter or distributor,as those
terms are defined in section 2 of the Electricity Act,1998,S.O.1998,c.15,
Sched.A,as amended,or successor thereto,for the purpose of
constructing and maintaining a transmission system or a distribution
system,as those terms are defined in that section;
(l)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
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issued under the Aggregate Resources Act,R.S.O.1990,c.A.8,as
amended,or successor thereto;
(m)the Injuring or Destruction of Trees undertaken on land in order to lawfu lly
establish and operate or enlarge any pit or quarry on land:
(i)that has not been designated under the Aggregate Resources Act
or predecessor legislation;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.PERMIT REQUIREMENT
4.(1)Unless otherwise exempted under this by-law,no person shall permit or cause
the Injury or Destruction of:
(a)more than two (2)Trees on any one (1)property within any twelve (12)
month period having a trunk DBH of more than twenty (20)centimetres
DBH and less than seventy (70)centimeters;
(b)any Tree having a trunk DBH greater than seventy (70)centimeters;or
(c)any Heritage Tree;
without first obtaining a Permit pursuant to this by-law.
4.(2)Where a Permit has been issued under this by-law,no person shall permit or
cause the Injury or Destruction of any Tree unless it is done in accordance with
the conditions of the Permit and any other supporting documentation relevant to
the issuance of the Permit.
4.(3)Despite subsection (1),a Permit is not required:
(a)to Injure,Destroy or remove any Tree,or a part of a Tree,as a necessary
part of Emergency Work pursuant to section 6;
(b)to perform Pruning;
(c)where the Injury or Destruction of a Tree is specifically required in an order
made under this by-law,the Act or the -law;
(d)for the removal of not more than ten (10)Trees within any twelve (12)
month period located on a Golf Course and having a trunk diameter of
more than twenty (20)centimetres DBH and less than seventy (70)
centimeters DBH.
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5.DEAD,DISEASED AND HAZARD TREES
5.(1)Where a person wishes to Injure,Destroy or remove any dead,diseased or
Hazard Tree,or any portion of such a Tree,such a person shall provide to the
Town an Arborist certificate,or a report satisfactory to the Director,confirming
that any such Tree is dead,diseased or a Hazard Tree along with an application
required pursuant to section 8.
5.(2)Notwithstanding subsection 8(1),an Application fee is not required to be
submitted in relation to an Application relating to a dead,diseased or Hazard
Tree.However,should the Director deem a certificate or report provided under
subsection (1)to be incomplete,insufficient or deficient in any way,the Director
shall not issue a Permit until a satisfactory certificate or report is provided or a
new Application is submitted to the Town that satisfies all the requirements of this
by-law,including the fee requirement.
5.(3)No Injury,Destruction or removal activity shall be taken by any person beyond
what is contemplated in any applicable certificate or report provided under
subsection (1).
6.EMERGENCY WORK
6.(1)Injury,Destruction and removal of any Tree may be conducted without a Permit
provided that any such Injury,Destruction or removal was necessary and a part
of Emergency Work.
6.(2)Following any Emergency Work,the Owner of the property on which Tree(s),for
which a Permit would have otherwise been required,affected by any such
Emergency Work are located shall,within seventy-two (72)hours of completing
or abandoning such Emergency Work,submit evidence satisfactory to the
Director that any Injury,Destruction or removal of a Tree was required as part of
the Emergency Work.
6.(3)The Director has the authority to deem any Injury,Destruction or removal of a
Tree,or of any portion of a Tree,done pursuant to subsection (1),to not have
been necessary and/or not in the category of Emergency Work based on the
materials provided under subsection (2)and any other information deemed
relevant by the Director,in which case,the Director may require that a retroactive
Permit application be made and/or pursue any enforcement steps permitted
under this by-law.
7.ADMINISTRATION
Administration Authority Delegated to the Director
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7.(1)The Director is hereby delegated the authority and responsibility for the
administration of this by-law,including the authority to receive Applications,
certificates from Arborists,and any associated fees,to issue,to revoke and to
refuse to issue Permits and also to impose conditions on any Permi ts in
accordance with this by-law.
7.(2)The Director is authorized to delegate responsibilities for the administration and
enforcement of this by-law to any Town staff or external third parties deemed to
be qualified and appropriate by the Director for such purposes.
Enforcement
7.(3)The Director and Municipal Law Enforcement Officers of the Town are hereby
delegated the authority to enforce this by-law,including the authority to conduct
inspections of Tree(s)pursuant to the exercise of their authority under this by-law
and any other enacted Town by-law or legislation.
Fees
7.(4)All fees and charges pursuant to this by-
-law.
8.PERMIT APPLICATIONS
Permit Application Requirements
8.(1)Where an Applicant applies for a Permit for the Injury or Destruction of a Tree(s),
he/she shall submit the following to the Director:
(a)an Application form completed to the satisfaction of the Director;
(b)the name,address and telephone number of the Owner;
(c)Application fee;
(d)description of the purpose for which the Permit is required;
(e)an Arborist's Report,if deemed to be required by the Director;
(f)where the trunk of a Tree straddles a property line,the written consent to
the Permit issuance from the property owner(s)on whose property the
affected Tree is partially located;and
(g)where the Applicant is not the Owner,the written authorization of the
Owner consenting to the Application;
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(h)any other information deemed necessary by the Director.
8.(2)Notwithstanding 8(1)(c),should the Director determine that a Permit is not
required for an activity,matter or Tree subject to an Application or that such
activity,matter or Tree is exempt from this by-law,any application fee submitted
as part of such an Application shall be refunded to the Applicant ,unless it is
determined by the Director,at his/her discretion,that Town staff had expended
considerable time and resources to process such Application due to an error on
the part of the Applicant.
8.(3)Notwithstanding 8(1)(c),the Director is authorized to reduce or waive the
Application fee if deemed appropriate,at his/her discretion.
False or Misleading Information
8.(4)No person shall submit false or misleading information in support of an
Application.Together with any other penalties or fines that may be otherwise
imposed,if such false or misleading information is found to have been submitted
in support of an Application,the Director will have the aut hority to refuse any
such Application under consideration by the Town and to revoke any Permit
issued by the Town on the basis of any such false or misleading information.
9.ISSUANCE OF A PERMIT
Permit Approval Process
9.(1)Upon receipt of an Application,the Director shall:
(a)Make a decision as to whether or not a Permit will be issued and whether
any conditions will be imposed on such a Permit considering the following:
(i)the species of the Tree;
(ii)the condition of the Tree;
(iii)the location of the Tree;
(iv)the protection of ecological systems and their functions,including
the protection of native flora and fauna;
(v)erosion,sedimentation of watercourses,and flood control;
(vi)impacts to surrounding properties,including loss of shade,vistas
or privacy;
(vii)any public comments received;
(viii)comments received from such persons,staff and agencies as
deemed necessary,for the proper review
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of the Application;
(ix)whether or not a Tree is a Heritage Tree;
(x)any conflicts with existing agreements or plans of the Town;and
(xi)any other information that the Director deems to be relevant to the
Application.
(b)If a Tree subject to an Application is found by the Director to be a Heritage
Tree,the Director shall not issue a Permit unless the Injury,Destruction or
removal is approved by Council following a review by
Advisory Committee.
(c)If the Director determines that a Permit will not be issued pursuant to an
Application,the Director shall notify the Application of the decision in
writing and provide reasons for the refusal.
Signage
9.(2)Upon receipt of an Application,the Director may Post an informational sign,as
established by the Director,relating to the Application in a conspicuous place at
or near the property on which the Tree subject to the Application is located and
leave such sign in place for a period determined by the Director.
9.(3)No person shall temper with or remove any sign posted pursuant to subsection
(2),unless following an Application,a Permit is issued and work pursuant to such
Permit is completed,a Permit is issued and expires or it is otherwise directed by
the Director.
Permit Not Issued
9.(4)A Permit shall not be approved or issued where:
(a)a Tree to be Injured or Destroyed is an endangered species as defined in
the Endangered Species Act,2007,S.O.2007,c.6,as amended,or the
Species at Risk Act,S.C.2002,c.29,as amended;
(b)approval would be in contravention of the Migratory Birds Convention Act,
1994,S.C.1994,c.22,as amended;
(c)issuance of a Permit is under the jurisdiction of the Region and/or
addressed under the York Region Forest Conservation By-law;or
(d)approval is inconsistent with an approved Tree Inventory and Preservation
Plan.
Subdivision Not Yet Draft Approved
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9.(5)Where an Application is made with respect to a Tree that is located on land that
is subject to an application for a subdivision approval or a consent that has not
received a draft approval or a provisional consent,the Director shall not issue a
Permit until such approval or consent is obtained or Application otherwise
approved by Council.
Planning Application Not Approved
9.(6)Where an Application is made with respect to a Tree that is located on land that
is subject to a re-zoning application,an application for site plan approval,or an
application to amend the official plan that has not received final approval,the
Director shall not issue a Permit until such approval or consent is obtained or
Application otherwise approved by Council.
Permit Approved Subject to Conditions
9.(7)The issuance of a Permit may be subject to conditions imposed by the Director or
Council,as the case may be,which may include any or all of the following
requirements:
(a)s ,satisfactory of the
Director,prepared by a certified Landscape Architect and,if required by
the Director or Council,an Arborist and the VMP may include,but not be
limited to,the following:
(i)a vegetation inventory and assessment,including species size and
condition,identifying all vegetation greater than 80mm DBH for
individual Tree assessments,the perimeter at canopy of
woodlands,groups or stands of vegetation,and trees and
vegetation on adjacent properties that may be impacted;
(ii)identification of all vegetation removals and protection measures for
vegetation designated to be preserved,including an impact
assessment to support vegetation removals and/or preservation
measures;
(iii)provision of compliance monitoring and protection/mitigation
specifications including all arboricultural requirements for Trees
designated to be preserved during construction;
(iv)provision of post-construction performance monitoring and
rehabilitation specifications;
(v)an estimate of the monetary replacement value of the Tree(s)as
set out in the International Society of Arboriculture Guide for
Plant Appraisal or approved equivalent completed by an Arborist
and financial compensation,paid to the Town based on the
aforementioned ISA appraisal process for Tree(s)/vegetation lost or
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destroyed;and
(vi)provision for replacement plantings at another suitable location on
the property including provision of cash securities in an amount
equal to one-hundred and twenty percent (120%)of the cost of
replanting and maintaining the Trees for a period of two (2)years or
where restoration planting is not physically possible on the site for
which the Permit is being issued,provision of a cash payment to
the Town to be placed in the Town s Tree Planting reserves for
future Tree planting by the Town in an alternative location in the
Town of Aurora;
(b)the submission of a written undertaking and release to ensure that
replacement plantings are carried out and maintained in accordance with
landscaping and restoration plans approved by the Director;and/or
(c)undertaking that the tree cutting work only occur under the supervision of
an Arborist.
Permit Expiry Date
9.(8)The Director shall include an expiration date on any Permit being issued by
Town,which shall not exceed one (1)year from the date of issuance,upon taking
into account the work to be completed under the Permit and any third party or
Town activities or interests that might be affected by the work.No Injury or
Destruction activity is permitted pursuant to any Permit after the expiration date.
10.APPEALS
10.(1)Where the Director refuses to issue a permit,an Applicant may,within five (5)
business days of the date of receipt of a written refusal,appeal the decision of
the Director to the Council,or such other tribunal or committee designated by
Council,by submitting a written request to the Town Clerk.
11.SEVERABILITY
11.(1)If a court of competent jurisdiction declares any provision,or any part of a
provision,of this by-law to be invalid or to be of no force and effect,it is the
intention of the Town in enacting this by-law that such provision or part of a
provision shall be severable,and such a decision shall not affect the validity of
the remaining sections,subsections,clauses or phrases of this by-law.
12.ENFORCEMENT
Power of Entry Inspection
12.(1)The Director and/or a Municipal Law Enforcement Officer may,at any reasonable
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time,enter on any land for the purpose of carrying out an inspection to determine
whether or not the following are being complied with:
(a)this by-law;
(b)direction or order made pursuant to this by-law or the Act;
(c)condition of a Permit issued under this by-law;or
(d)an order made under section 431 of the Act.
12.(2)For the purposes of an inspection under subsection (1),the person conducting
the inspection may:
(a)require the production for inspection of documents or things relevant to the
inspection;
(b)inspect and remove documents or things relevant to the inspection for the
purpose of making copies or extracts;
(c)require information from any person concerning a matter related to the
inspection;and
(d)alone or in conjunction with a person possessing special or expert
knowledge,make examinations or take tests,samples or photographs
necessary for the purposes of the inspection.
12.(3)The Director and/or a Municipal Law Enforcement Officer may undertake an
inspection pursuant to an order issued under section 438 of the Act.
12.(4)Submission of an Application is deemed to be a consent of the Owner for
persons designated as an inspector by the Canadian Food Inspection Agency,
pursuant to the Plant Protection Act,S.C.1990,c.22,as amended,or successor
thereto,to inspect the lands subject to the Application for the presence of pests
(as defined in the said legislation)and to take any and all action deemed
appropriate by such an inspector,including the removal of any Tree(s)on such
private property of the Owner,in accordance with the said legislation.
Contravention Orders
12.(5)Where the Director or any Municipal Law Enforcement Officer is satisfied that a
contravention of this by-law or a Permit has occurred,such Director or Municipal
Law Enforcement Officer may make an order requiring that the person who
caused or permitted such contravention or the Owner or occupier of the land on
which the contravention occurred to discontinue the contravening activity and/or
to do work to correct the contravention.
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12.(6)An order pursuant to subsection (5)shall set out the following:
(a)the municipal address and/or the legal description of the land or property
on which the contravention occurred;
(b)reasonable particulars of the contravention;
(c)what is required of the person subject to the order (i.e.,what activity is to
be seized and/or actions or work to be done);
(d)the date by which there must be compliance with the order and /or,if any
work is ordered,the date by which any such work must be done;
(e)if any work is required to be done,a statement that if such work is not
done in compliance with the order and within a specified time period,the
Town will have the work done at the expense of the person directed or
required to do it;and
(f)information regarding the Town's contact person.
12.(7)An order issued pursuant subsection (5)may be served:
(a)personally on the person that is subject to the order;or
(b)by sending it by prepaid registered mail to the last known address of the
Owner or occupier of the land on which the contravention occurred or,if
the person subject to the order is not the Owner or occupier,to the last
known address of such person subject to the order.
12.(8)Where service of an order is made by registered mail,the service shall be
deemed to have been made on the fifth (5th)day after the day of mailing.
12.(9)In the event that service of an order cannot be effected under subsection (7),the
Director or a Municipal Law Enforcement Officer may place a placard containing
the terms of the order in a conspicuous place on the property subject to the order
and the placing of the placard shall be deemed sufficient service of the order on
the Owner and/or occupier of such subject property.
12.(10)Wherever this by-law or an order issued under this by-law directs or requires any
matter or thing to be done by any person within a specified time period,in default
of it being done by the person directed or required to do it,the action may be
taken under the direction of Director or a Municipal Law Enforcement Officer at
y recover the costs incurred through a
legal action or by recovering the costs in the same manner as taxes.
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12.(11)For the purposes of taking remedial action under subsection (10),the Town,its
staff and/or its agents may enter,at any reasonable time,upon any lands on
which a default to carry out a required thing or matter occurred.
13.OFFENCES
13.(1)Any person who contravenes any provision of this by-law or an order issued
pursuant to this by-law or the Act,or fails to comply with an order issued pursuant
to this by-law or the Act,is guilty of an offence.
13.(2)Pursuant to paragraph (a)of subsection 429(2)of the Act,all contraventions of
this by-law or of orders issued under this by-law are designated as multiple
offences and continuing offences.A multiple offence is an offence in respect of
two (2)or more acts or omissions each of which separately constitutes an
offence and is a contravention of the same provision of this by-law.For greater
certainty,when multiple Trees are Injured or Destroyed,the Injury or Des truction
of each Tree is a separate offence.
14.PENALTIES
14.(1)Upon conviction of an offence under this by-law a person is liable to a fine as
follows:
(a)a minimum fine for any offence under this by-law is five-hundred dollars
($500.00)and the maximum fine is one-hundred-thousand dollars
($100,000).
(b)in the case of a continuing offence,for each day or part of a day that the
offence continues,the minimum fine shall be five-hundred dollars
($500.00)and the maximum fine shall be ten-thousand dollars
($10,000.00).Despite paragraph (a),the total of all the daily fines for an
offence is not limited to one-hundred-thousand dollars ($100,000).
(c)in the case of a multiple offence,for each offence included in the multiple
offence,the minimum fine shall be five-hundred dollars ($500.00)and the
maximum fine shall be ten-thousand dollars ($10,000.00).Despite
paragraph (a),the total of all fines for each included offence is not limited
to one-hundred-thousand dollars ($100,000).
14.(2)In addition to fine under subsection (1),a person convicted of an offence under
this by-law may be liable to a special fine in the amount of the economic
advantage or gain that such a person obtained from the contravention of this by-
law.
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15.REPEAL
15.(1)By-law Number 4474-03.D,as amended,is hereby repealed on the day of this
by-law coming into full force and effect.
16.SHORT TITLE
16.(1)This by--
17.EFFECTIVE DATE
17.(1)This by-law comes into full force and effect on May 1,2014.
READ A FIRST AND SECOND TIME THIS XXst DAY OF MONTH,2014.
READ A THIRD TIME AND FINALLY PASSED THIS XXst DAY OF MONTH,2014.
_____________________________
GEOFFREY DAWE,MAYOR
_____________________________
JOHN D.LEACH,TOWN CLERK
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GENERAL COMMITTEE No.PR12-001
SUBJECT:Approval of Tree Protection By-law
FROM:Allan D.Downey,Director of Parks and Recreation Services
DATE:January 17,2012
TOWN OF AURORA
RECOMMENDATIONS
THAT report PR12-001 be received as information;and
THAT staff be directed to publicise notice of the revised Draft Tree Protection By-
law,in the local media,Town of Aurora website and in all municipal facilities for
the purposes of allowing the public and stake holders with an opportunity to
review the proposed By-law and provide comment;and
THAT following this public consultation period,staff report back to Council prior
to May 2012 with a final draft Tree Protection By-law with recommendations for
Councils consideration in enacting the final revised By-law.
PURPOSE OF THE REPORT
To provide Council with a draft of a proposed Tree Protection By-law and to provide the
public and stake holders with an opportunity to review and comment on the By-law prior
to its enactment.
BACKGROUND
At the January 25,2011 General Committee meeting,Council received a delegation
from a citizen who had several concerns with the Town’s current Tree Permit By-Law
No.4474-03D.The concerns of this citizen were primarily focused on tree removal on
the Oak Ridges Moraine and,in particular,with the fact that Golf Course establishments
are exempt under the Town’s current by-law.
In response to this delegation General Committee directed staff as follows:
General Committee recommends:
THAT the comments of the delegate be received and referred to staff;and
THAT staff be directed to report back to Council on the specific comments
raised by the delegate respecting golf courses as well as any other issue
staff may identify with respect to the enforcement and protection of trees.
Attachment #2
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January 17,2012 -2 -Report No.PR12-001
Following Council direction,members of the Executive Leadership Team appointed a
Tree By-law Review Committee consisting of the Manager of Parks,the Manager of
Engineering and Design,the Manager of Building Code Review,and the Manager of
Planning and Development.
The Committee held a series of meetings for the purposes of conducting an overall
review of the current by-law in an effort to evaluate its applicability and effectiveness
including a number of issues revolving around the administration of the by-law.
As a first step in the by-law review,the Committee conducted a public consultation
process whereby an online survey was conducted in order to assist the Committee in
establishing a baseline of public opinion regarding the importance of trees in our
municipality.
The online survey was completed by 100 respondents.This could be considered a
relatively low participation rate and not indicative of community-wide public opinion,
given Aurora’s gross population of over 52,000;however,staff was advised by our
Communication Department,who assisted in the survey,that this survey was among
the highest in participation of any previously conducted survey.
While the information obtained from the survey was helpful in assisting the Committee,
it was not considered paramount or as a single resource in formulating the overall
content of the revised by-law;rather,the committee used a measured approach in
guiding the review process,taking into consideration a number of criteria including the
following:
Research of other neighbouring and GTA municipalities Tree Protection by-laws;
Consultation with the Region of York;
Identification and revision of inconsistent language in the current By-law and
revision of same;
Public opinion;
Revisions to internal interdepartmental administration processes;and
Consultation with the Manager of Heritage Planning.
During the review process the Committee focused on a number of areas where there
was concern with interpreting and differentiating between the Towns’s existing Tree
Permit By-law and the Region of York Tree Protection By-law No.TR-004-2005-036.
As with all local by-laws,the Upper-tier municipality by-law (York Region)takes
precedence in its applicability over any lower-tier by-law (Aurora).To state this in
simplistic terms,the York Region Tree Permit By-law will continue to apply to wooded
properties in the Town of Aurora greater than one hectare in size.The Town of
Aurora’s Tree Protection By-law will continue to apply to any private property or tree
covered area within a property that is less than one hectare in size,as is currently the
case.
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In our discussions with the Region of York,staff were advised that the Town of Aurora
did not delegate to the Region of York,our authority to enforce their Tree Protection By-
law on Aurora properties of 0.2 to 1.0 hectares in size when the York Region Tree
Protection By-law was revised in 2005,as is permitted under subsection 135 (10)of the
Municipal Act.
Staff were advised that many other local municipalities did delegate this authority to the
Region of York;however,in our discussions with the Regional Forestry Coordinator,it
was agreed that there was no advantage in delegating our authority to the Region given
that our by-law is more geared to the higher density municipal setting and properties
that are,for the most part,under one hectare in size.
TREE PROTECTION BY-LAW REVISIONS PROPOSED
There are a number of revisions proposed in the by-law,many of which are small in
nature;however,in addition to these revisions,there are more significant revisions that
will substantially change the way the by-law works and how it is applied.For the
purposes of highlighting only the more significant revisions,the Committee has listed
these revisions along with a brief explanation of each revision as follows:
1.REDUCTION IN THE NUMBER OF TREES REMOVED WITHOUT A PERMIT
DOWN TO TWO TREES IN A 12-MONTH PERIOD FROM NOT MORE THAN
FOUR TREES
The proposed by-law will reduce the number of trees that can be removed
without first obtaining a permit from the current four trees down to two trees.
Based on the results of the public survey,and the fact that many other
municipalities require that a permit be issued for the removal of a single tree,this
change was considered a more moderate revision that would still enable most
private property owners to manage their property.
2.GOLF COURSES NOW INCLUDED IN THE BY-LAW BUT ABLE TO REMOVE
UP TO 10 TREES IN A 12-MONTH PERIOD WITHOUT A PERMIT
The current by-law provides for an exemption to golf courses.In reviewing the
public survey results and other municipal trees by-laws,the By-law Review
Committee sees a need to regulate the cutting of trees on golf course properties;
however,the Committee also believes that golf course owners need a level of
flexibility to be able to manage their business needs.As such,the Committee felt
that being able to remove ten trees in a 12-month period without a permit
provides golf courses with that flexibility.In addition,most other municipal tree
by-laws require golf courses to obtain a permit to remove a single tree.
3.CONSERVATION AUTHORITY AND SCHOOL BOARDS ARE NOW
INCLUDED IN THE BY-LAW REQUIRED TO OBTAIN PERMITS
The current by-law provides for an exemption to Conservation Authorities and
School Boards.The By-law Committee in discussions with our Legal Services
department were advised that there are no provincial acts or regulations that
exempt these agencies from complying with local ordinances.In view of the
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January 17,2012 -4 -Report No.PR12-001
public comments and the large tracts of forested lands owned and managed by
LSRCA and TRCA in the Town of Aurora,the Committee suggests that these
agencies be included in the proposed by-law as an additional measure of
protection over these resources.
4.DIRECTOR TO ISSUE/DENY PERMITS AS AN ADMINISTRATIVE FUNCTION
Permits issued under the current by-law are subject to Council approval.
Although this is an effective approvals process in that Council is well informed of
all tree removal permits,it is a very time consuming and administratively
intensive process that can require six to eight weeks to process a tree permit
application.The Committee felt that this process should be streamlined both
from a customer service and administrative standpoint which is in keeping with
the majority of other municipal Tree Protection By-laws.Council will remain
involved in the process in the event of a permit refusal by the Director of Parks
and Recreation Services whereby an Applicant would appeal the refusal decision
directly to General Committee.In addition,staff can establish,via policy,that
Council is notified of all tree permits that have been issued or denied.
5.PERMIT MUST BE OBTAINED PRIOR TO REMOVING SINGLE TREES 70 CM
(27.5 in.)AND ABOVE
There are no provisions in the current by-law that require a permit to be obtained
prior to removing up to four trees of any size in a 12-month period.Based on the
results of the public survey and the environmental benefits associated with the
leaf area canopy of our larger trees,the Committee suggested that single tree
protection in the by-law for these older and much larger trees is appropriate.
6.PERMIT MUST BE OBTAINED PRIOR TO REMOVING A SINGLE TREE IN
THE HERITAGE RESOURCE DISTRICT INCLUDING TREES ON
DESIGNATED HERITAGE PROPERTIES
The current by-law has provision for protection of five trees or more on properties
designated under the Ontario Heritage Act.With a further requirement for an
applicant to obtain approval from the Town’s Heritage Advisory Manager prior to
the issuance of a tree removal permit.The proposed revision will apply to single
tree protection on OHA designated properties as well as single trees within the
Heritage Resource Area as identified on Schedule B attached to the By-law.The
Aurora Cemetery would be an example of a designated property that would be
subject to obtaining a permit to remove a single tree 20 cm in diameter or larger.
7.CLARIFIED INTENT OF THE BY-LAW EXEMPTIONS AS IT RELATES TO
ADMINISTERING SUBDIVISION AND SITE PLAN APPLICATIONS
Section 20 of the existing by-law which deals with tree permit exemptions -
relating to planning approvals associated with land development -has been
previously interpreted to require that all final development agreements be signed
by both parties prior to the removal of trees on the subject lands.In this case a
tree removal permit is not required.
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January 17,2012 -5 -Report No.PR12-001
Very often there is an extensive period of time required in the process of
executing a final development agreement.The By-law Review Committee
acknowledges that this particular requirement can cause significant delays and
complications for applicants wishing to proceed with pre-servicing of sites while
awaiting the final development agreement to be executed.As such the
Committee suggests that the revised by-law requires all applicants wishing to
move forward with site works prior to a signed agreement be required to obtain a
tree removal permit.
Under this scenario,the applicant will be required to apply for a tree removal
permit and to fulfill all conditions imposed on the permit in order to satisfy the
intent of both the Tree Protection By-law and all forestry-related requirements
contained in the pending development agreement.
8.SET MINIMUM FINES
Under the current by-law there are no applicable minimum/maximum fines for a
first offence.The revised by-law now provides for a minimum fine of $500.00 on
a first offence and a maximum fine for any offence of $100,000.00.
COMMENTS
Perhaps one of the more significant revisions in this by-law is the provision to include
golf course establishments.During the consultation process,staff received a written
submission from a local golf course suggesting that the current Regional Tree
Protection By-law was sufficient enough to ensure that due process was in place to
regulate golf courses and further suggested that the inclusion of golf courses in the
revised by-law could be seen as duplication.
While the committee acknowledged the fact that the Regional by-law is applicable,it is
only applicable to woodlands greater that one hectare in size.The Town’s revised by-
law will deal with treed areas on golf course lands less than one hectare which is not a
duplication of the Regional by-law.
With this more restrictive Tree Protection By-law it is expected that there will potentially
be a corresponding increase in the level of administrative work that will result.Currently
Parks Division staff is primarily responsible for the majority of the administrative
requirements associated with the by-law.
The By-law Enforcement section is also involved when an infraction has been reported
and an onsite investigation is deemed necessary.Currently,staff issues an average of
two or three tree permits each year.A total of nine permits have been issued since the
Tree Permit By-law was enacted in 2003.As such staff are recommending that a
watch-and-wait approach for a one-year period to properly gauge and assess the
increase in the administrative work load prior to recommending retention of additional
resources.
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January 17,2012 -6 -Report No.PR12-001
Following this period staff will be in a better position to evaluate and quantify the
impacts that this revised by-law has had on both the Parks and Recreation section and
the By-law Enforcement section.If deemed necessary,staff will then follow up with a
further report to Council on the matter and include the appropriate recommendations
with respect to the administration resource needs of the by-law.
As with any revised or newly created by-law there will be a period of time required to
educate and communicate with our residents and businesses in order to ensure that the
revised by-law is enacted through a fair and open process.
The Committee suggests that in the event Council approves the revised by-law,a
significant effort and time allocation be made to communicate this revised by-law to the
public prior to its enactment.As such,staff will prepare an appropriate public notice to
be posted in the local media,on our website and in our municipal buildings for a period
of time.
ALTERNATIVE(S)TO THE RECOMMENDATIONS
1.Council could direct staff to make further revisions to the draft by-law prior to its
releasing the By-law to the Public.
2.Council could delay the acceptance of the draft by-law for an indefinite period of time
to provide for more public dialogue,input and revisions.
FINANCIAL IMPLICATIONS
There are a number of financial implications that may be realised with the passage of
this more restrictive by-law as follows:
Increased administration associated with issuing tree protection permits;
Increased administration associated with preparing reports and materials for
appeals to Council;
Increased site visits,meetings and monitoring for compliance with permits that
have been issued;
Increased time communicating with and educating residents and customers on
the various aspects of the by-law.
As previously indicated,it is difficult to forecast with any certainty the definitive impacts
associated with administering this by-law at the present time.Revised fees proposed in
the by-law will be subject to approval in the annual fees and service charges.
CONCLUSIONS
That Council receive the draft revised Tree Protection By-law as information and that
staff be directed to publicise notice of the revised Tree Protection By-law in the local
media for the purposes of allowing the public and stake holders to review the draft By-
law and provide comments.
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January 17,2012 -7 -Report No.PR12-001
ATTACHMENTS
Attachment #1 –Revised Tree Protection By-law
Attachment #2 –Schedule A to the Draft Tree Protection By-law
Attachment #3 –Schedule B to the Draft Tree Protection By-law
PRE-SUBMISSION REVIEW
Executive Leadership Team Meeting,Thursday,January 5,2012.
Prepared by:Jim Tree,Manager of Parks-Ext.3222
______________________________________________________________
Allan D.Downey Neil Garbe
Director of Parks and Recreation Services Chief Administrative Officer
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THE CORPORATION OF THE TOWN OF AURORA
By-law Number XXXX-12
BEING A BY-LAW to prohibit
and/or regulate the Injury or
Destruction of Trees on Private
Property in the Town of Aurora
and to repeal By-law Number
4474-03.D.
WHEREAS subsection 135(1)of the Act provides that a local municipality
may prohibit or regulate the destruction or injuring of trees;
AND WHEREAS subsection 135(7)of the Act provides that a municipality
may in a by-law require that a permit be obtained to injure or destroy trees
and may impose conditions to a permit,including conditions relating to the
manner in which destruction occurs and the qualifications of persons
authorized to injure or destroy trees;
AND WHEREAS the Town has delegated jurisdiction over Woodlands to the
Regional Municipality;
AND WHEREAS Council passed By-law Number 4474-03.D on October 28,
2003,with respect to authorizing the injury or destruction of trees;
AND WHEREAS the Town deems it necessary and expedient to replace By-
law Number 4474-03.D with a new By-law amd repeal By-law Number 4474-
03.D in its entirety;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
TOWN OF AURORA ENACTS AS FOLLOWS:
SECTION 1
DEFINITIONS
1.1 The following words as set out in this By-law shall have the following
meanings:
(a)“Act”means the Municipal Act,2001,S.O.2001,c.25,as amended;
(b)"Applicant"means the Owner who submits an Application under the
provisions of this By-law;
(c)"Application"means an application for a Permit or a Heritage
Permit,on such form as prescribed by the Director;
(d)"Arborist"means an expert in the care and maintenance of trees,and
includes:(i)an arborist qualified by the Ontario Ministry of Training,
Colleges and Universities;(ii)a Forest Technician or Forestry
Technologist with an applicable college diploma and a minimum of
two (2)years urban forestry experience;(iii)a certified arborist
qualified by the Certification Board of the International Society of
Arboriculture;(iv)a consulting arborist registered with the American
Society of Consulting Arborists;(v)a Registered Professional Forester
designated pursuant to the Professional Foresters Act,2000,S.O.
2000,c.18,as amended;or (vi)such other person with other similar
qualifications as approved by the Director;
(e)"Arborist's Report"means a technical report prepared by an Arborist
Attachment #1 to PR12-001
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or Registered Professional Forester which identifies the surveyed
location,species,size and condition of a tree,provides the reasons
for any proposed Injuring or Destruction of a tree,and describes tree
protection measures or other mitigating activities to be implemented;
(f)"Council"means the Council of The Corporation of the Town of
Aurora;
(g)"Cultivated Orchard"means land where fruit or nut Trees are grown
and maintained for the harvesting of their fruits or nuts;
(h)"DBH"means the Diameter at Breast Height which shall be the
diameter of the trunk of a Tree at a point of measurement
1.37metres above the ground.DBH of multi-trunk Trees shall be
measured as presecribed in Schedule "A"to this By-law.Where a
Tree has been cut down and the remaining stump is less than 1.37
metres in height,the DBH shall be the extrapolated diameter at 1.37
metres above the ground as set out in Schedule "B"to this By-law;
(i)"Destroy and/or Destruction"means to kill by cutting,burning,
uprooting,chemical application,or other means;
(j)"Director"means the Director of Parks &Recreation Services for the
Town or his or her designate;
(k)"Emergency Work"means work required to be done immediately
in order to prevent imminent danger,including Tree maintenance
works necessary arising from natural events (e.g.,ice storm,high
winds,lightning,etc.)as well as Tree maintenance works associated
with emergency drain,utility and building repairs;
(l)“Golf Course”means an area of land laid out and operating as a golf
course,and includes putting greens,driving ranges,and other areas
that are ancillary to the golf course uses on the land;
(m)"Hazardous"means destabilized or structurally compromised to an
extent that it presents an imminent danger of causing property
damage or injury to life;
(n)“Heritage Tree(s)”means any Tree,including but not limited to,pairs
of Trees,avenues or windrows of Trees,grove or arboreal remnant,or
one (1)or more Trees that form part of a cultural heritage landscape
that is on private property and is:
(i)it is located within a heritage conservation district as
designated under Part V of the OHA;
(ii)it is designated under,or located on a property
designated under,Part IV of the OHA;
(iii)it is designated by the Ontario Urban Forest Council;
(iv)it is listed on the Town’s Register of Properties of Cultural
Heritage Value or Interest.
(o)“Heritage Permit”means a Heritage Permit issued by the Town as
endorsed by Council after consultation with the Town’s Heritage
Advisory Committee;
(p)"Injure and/or Injury"means to damage or attempt to Destroy a
Tree by:(i)removing,cutting,girdling,or smothering of its roots;(ii)
interfering with its water supply;(iii)setting fire to it;(iv)applying
chemicals on,around,or near it;(v)compacting or re-grading within
the drip line of it;(vi)damages caused by new development or
construction related activities that are not evaluated as part of an
approval under the Planning Act;(vii)storing any materials within the
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drip line;or (viii)any other means resulting from neglect,accident or
design;
(q)"Local Board"means a municipal service board,public library board,
transportation commission,board of health,police services board,or
any other board,commission,committee,body or local authority
established or exercising any power under any legislation with
respect to the affairs or purposes of the Town,but does not
include a school board,a conservation authority,or a private
cemetery corporation;
(r)“Municipal Law Enforcement Officer"means an individual appointed
by the Town by By-law pursuant to subsections 15(1)and 15(2)of the
Police Services Act,R.S.O.1990,c.P.15,as amended for the
administration and enforcement of Town by-laws;
(s)“OHA”means the Ontario Heritage Act,R.S.O.1990,c.O.18,as
amended;
(t)"Owner"means the person having the right,title,interest or equity in
the land containing the subject Tree,or his or her agent authorized in
writing;
(u)"Permit"means a Permit to Injure or Destroy a Tree issued by the
Director;
(v)"Permit Application Fee"means the prescribed fee as set out in the
Application and as set out in the Town’s Fees and Services By-law,as
may be amended from time to time;
(w)"Person"and or “Persons”includes a corporation,a partnership,an
individual,a public utility and its heirs,executors,Directors,or other
legal representatives of a person to whom the context can apply
according to law;
(x)“Planning Act”means the Planning Act,R.S.O.1990,c.P.13,as
amended;
(y)"Pruning"means the removal of branches from living Trees by cutting
at a point outside the branch collar (but does not include the
removal of more than one quarter of a Tree's leaf-bearing crown),
for the purpose of thinning the crown of a Tree to increase light
penetration and air movement;providing clearance for utility lines,
buildings,pedestrians or vehicles;or eliminating dead,
hazardous or diseased wood;
(z)"Registered Professional Forester"means a member of The
Ontario Professional Foresters Association entitled to use the
designation of "Registered Professional Forester"pursuant to
subsection 14(6)of the Professional Foresters Act,2000,S.O.2000,
c.18,as amended ;
(aa)"Regional Municipality"means The Regional Municipality of York;
(bb)“Town”means The Corporation of the Town of Aurora;
(cc)"Tree"means any perennial woody plant,including its root
system,which has reached or can reach a height of at least 4.5
meters at physiological maturity,located within the boundaries of the
Town;
(dd)"Tree Farm"means land where Tr ees are grown and maintained for
sale;
(ee)"Tree Inventory and Preservation Plan"means a plan required by the
Town as a condition of development or re-development approval
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pursuant to sections 41,51,or 53 of the Planning Act,which plan
determines,among other things,the Trees to be:(i)preserved
through an assessment process identifying Trees,shrubs and other
specific areas of natural habitat and their ecological function or
importance;(ii)the impacts of any proposed development on the
Trees,shrubs,and other specific areas of natural habitat and their
ecological function or importance;(iii)mitigation measures and
measures to protect and manage Trees to be preserved (not limited
to protective barriers and/or hoarding);and (iv)and proper practices
to remove Trees to be destroyed;
(ff)"Woodland"means land at least one (1)hectare in area and with
at least:
(i)1000 trees,of any size,per hectare;
(ii)750trees measuring over five (5)centimeters DBH
per hectare;
(iii)500 trees measuring over twelve (12)centimeters
DBH per hectare;or
(iv)250 trees measuring over twenty (20)centimeters
DBH per hectare;
but does not include a nursery,a Cultivated Orchard,or a
plantation established for the purpose of producing Christmas
trees or nursery stock;
(gg)"Woodlot"means land at least 0.2 hectares in area and no greater
than one (1)hectare in area and with at least:
(i)200 trees,of any size,per 0.2 hectares;
(ii)150 trees,measuring over five (5)centimeters DBH,per
0.2 hectares;
(iii)100 trees,measuring over twenty (12)centimeters DBH,
per 0.2 hectares
(iv)50 trees measuring over twenty (20)centimeters DBH,
per 0.2 hectares;
but does not include a nursery,a Cultivated Orchard or a plantation
established for the purpose of producing Christmas trees or nursery
stock;
(hh)"York Region Forest Conservation By-law"means By-law No.TR-
0004-2005-036,as amended,or successor thereto,as enacted by the
Regional Municipality.
SECTION 2
PERMIT REQUIRED
2.1 Unless otherwise exempted by this By-law,no person shall permit or
cause the Injury or Destruction of:
(a)more than two (2)Trees within a twelve (12)month
period having a trunk diameter of more than twenty (20)
centimetres DBH and less than 70 centimeters DBH;
(b)any Tree greater than seventy (70)centimeters DBHwithin a 12
month period;or
(c)any Heritage Tree;
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without first obtaining a Permit or Heritage Permit pursuant to this By-law.
2.2 Where a Permit or Heritage Permit has been issued under this
By-law,no person shall permit or cause the Injury or Destruction of
any Tree unless it is done in accordance with the conditions of the Permit
or Heritage Permit and any other supporting documentation relevant to
the issuance of the Permit or Heritage Permit.
SECTION 3
PERMIT NOT REQUIRED
3.1 Delegation to the Regional Municipality for Woodlands
The Regional Municipality shall have jurisdiction over the issuance of any
type of permit allowing the Injury or Destruction of Trees on Woodlands.
3.2 Exemptions
Notwithstanding section 2 of this By-law,a Permit or Heritage Permit is not
required for the Injury or Destruction of Trees:
(a)within Woodlands that are governed by the York Region
Forest Conservation By-law;
(b)within a building or structure,a solarium,rooftop garden,or an
interior courtyard having a soil depth of less than 1.5 metres
above a built substructure;
(c)within a Tree Farm that is being actively managed and
harvested for the purpose for which the Trees were planted;
(d)within a Cultivated Orchard;
(e)that is for the removal of a dead,diseased or Hazardous
Tree,or a portion of such a Tree,where a certificate
confirming the need for removal has been issued by an
Arborist and submitted to the Director;
(f)for Emergency Work;
(g)for Pruning;
(h)for activities or matters undertaken by the Town or a Local
Board,but excluding activities requiring Heritage Permits;
(i)for activities or matters authorized under a license issued under
the Crown Forest Sustainability Act,1994,S.O.1994,c.25,as
amended,or successor thereto;
(j)for work performed by a person licensed under the Surveyors
Act,R.S.O.1990,c.S.29,as amended,or successor thereto,
to engage in the practice of cadastral surveying or his or
her agent,while making a survey;
(k)imposed after December 31,2002,as a condition to the
approval of an executed site plan,plan of subdivision or a
consent under section 41,51 or 53,respectively,of the
Planning Act,or as a requirement of a development agreement
entered into under those sections (including the Injury or
Destruction of a Tree in compliance with a Tree Inventory and
Preservation Plan);
(l)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;
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(m)by a transmitter or distributor,as those terms are defined in
section 2 of the Electricity Act,1998,S.O.1998,c.15,Sched.
A,as amended,or succesor thereto,for the purpose of
constructing and maintaining a transmission system or a
distribution system,as those terms are defined in that section;
(n)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,R.S.O.1990,c.A.8,as amended,or
successor thereto;
(o)undertaken on land in order to lawfully establish and operate
or enlarge any pit or quarry on land that:(i)has not been
designated under the Aggregate Resources Act,R.S.O.1990,
c.A.8,as amended or a predecessor of that Act;or (ii)on
which a pit or quarry is a permitted land use under a by-law
passed under section 34 of the Planning Act;
(p)on lands owned by the Town or lands within the Town owned
by the Regional Municipality;or
for the removal of not more than ten (10)Trees within a twelve (12)
month period on a Golf Course.having a trunk diameter of
more than twenty (20)centimetres DBH and less than 70
centimeters DBH;
(q)
SECTION 4
ADMINISTRATION
4.1 Administration Authority Delegated to the Director
The Director is responsible for the administration of this By-law and is
hereby delegated the authority to receive certificates from an Arborist,
Applications,and any required fees.The Director is further authorized to
issue,revoke,or refuse to issue Permits,including imposing conditions
thereto,in accordance with this By-law.
4.2 Power of Entry
Submission of an Application is deemed consent of the Owner for the
Director or Municipal Law Enforcement Officer to enter onto the lands that
are subject to the Application to inspect the Tree(s)if considered
necessary,in the sole opinion of the Director.
Furthermore,submission of an Application is deemed consent of the Owner
for such person designated as an inspector by the Canadian Food
Inspection Agency,for the purposes of the Plant Protection Act,S.C.1990,
c.22,as amended,or successor thereto,to inspect for the presence of
pests (as defined in the said legislation)and to take any and all action
including the removal of Trees on all private property,in accordance with the
said legislation.
4.3 Enforcement
The Municipal Law Enforcement Officer is hereby delegated the authority
to enforce this By-law,and conduct inspections of Tree(s)pursuant to the
exercise of their authority under this By-law and any other enacted
legislation.
SECTION 5
CERTIFICATE REQUIREMENTS
5.1 Dead,Diseased,or Hazardous Trees
Subject to section 2.1 of this By-law,no person shall Injure,Destroy,or
remove a dead,diseased or Hazardous Tree without first submitting a
certificate prepared by an Arborist confirming that the Tree is dead,
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diseased or Hazardous,to the sole satisfaction of the Director.
5.2 Emergency Works
Notwithstanding subsection 3.2(f)of this By-law,the Owner shall,within
seventy-two (72)hours of the completion of any Emergency Work,submit a
certificate prepared by an Arborist confirming the requirement,nature and
extent of the Emergency Work performed together with photographs
depicting the condition of the Tree(s)removed immediately prior to its
removal,all to the sole satisfaction of the Director.
SECTION 6
APPLICATION REQUIREMENTS
6.1 Permit Application
An Owner who wishes to Injure or Destroy Tree(s)for which a Permit or
Heritage Permit is required shall submit an Application to the Director,
and shall provide the following:
(a)the name,address and telephone number of the Owner;
(b)the non-refundable Application fee;
(c)the purpose for which the Permit is required;
(d)an Arborist's Report at the discretion of the Director;
(e)where the base of a Tree straddles a property line,the written
consent to the Permit issuance from the affected adjacent
property owner;and
(f)where the Applicant is not the Owner,the written authorization
of the Owner consenting to the Application.
Notwithstanding subsection 6.1(b),should the Director determine that the
Application is exempt from the requirement for a Permit or Heritage
Permit in accordance with section 3 of this By-law,the prescribed costs
shall be refunded to the Owner.
6.2 Offence -False or Misleading Information
No person shall submit false or misleading information in support of an
Application.Together with any other penalties or fines that may be otherwise
imposed,if such false or misleading information is found to have been
submitted in support of an Application,such Application under consideration
will be refused,and any Permit or Heritage Permit issued on the basis of
such false or misleading information will be immediately rescinded.
6.3 Application Fee –Director Authorized to Waive
The Director is authorized to reduce or waive the Application fee at his
or her sole discretion,giving consideration to the financial circumstances of
the Applicant.
SECTION 7
ISSUANCE OF PERMIT
7.1 Permit Approval Process
Upon receipt of an Application,the Director shall:
(a)determine,with the assistance of the Manager of Heritage
Planning,whether a Heritage Permit (instead of a Permit)is
required pursuant to this By-law;
(b)make a decision as to whether or not a Permit will be
issued,and whether any conditions will be imposed on a
Permit,through the Director’s consideration of the following
criteria:
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(i)the species of the Tree;
(ii)the condition of the Tree;
(iii)the location of the Tree;
(iv)the protection of ecological systems and their
functions,including the protection of native flora and
fauna;
(v)erosion,sedimentation of watercourses,and flood
control;
(vi)impacts to surrounding properties,including loss of
shade,vistas or privacy;
(vii)any potential cultural heritage value of the Tree in
consultation with the Manager of Heritage Planning;
(viii)any public comments received;
(ix)comments received from such persons,staff and
agencies as deemed necessary,in the Director’s
sole opinion,for the proper review of the Application
to determine whether or not a Permit should be issued
and any conditions imposed thereto;and
(x)any other such information that the Director deems to be
necessary for the issuance of a Permit.
(c)cause the Owner to post an information sign on the property in
a location clearly visable from the street.The information sign
will be provided by the Town to the Owner at the time of the
Application,and shall remain posted on the property until the
Permit has been issued.The sign can be attached to an
existing feature such as a fence or pole,or placed on a stake.
A declaration of sign posting must be completed and signed by
the Applicant and submitted to the Director once the sign is
posted.
7.2 Signage
The signage called for in subsection 7.1(c)shall be posted and remain on the
property for at least fifteen (15)days prior to the issuance of a Permit or
Heritage Permit,and shall remain posted and visable on the property until
the earlier of the completion of the works permitted pursuant to the
Permit/Heritage Permit or the Permit/Heritage Permit expiration date.
7.3 Permit Not Issued -Subdivision Not Yet Draft Approved
A Permit or Heritage Permit shall not be approved or issued
where an application for subdivision approval or consent related to lands on
which the subject Tree(s)is/are located has been submitted to the Town and
has not received draft approval or provisional consent.
7.4 Permit Not Issued -Planning Application Not Approved
A Permit or Heritage Permit shall not be approved or issued where a re-
zoning application,an application for site plan approval,or an application
to amend the official plan related to the lands on which the Tree(s)is/are
located has been submitted to the Town and has not received final approval.
7.5 Permit Not Issued -Other
A Permit or Heritage Permit shall not be approved or issued where:
(a)a Tree to be Injured or Destroyed is an endangered species as defined
in the Endangered Species Act,2007,S.O.2007,c.6,as amended,
or the Species at Risk Act,S.C.2002,c.29,as amended;
(b)approval would be in contravention of the Migratory Birds Convention
Act,1994,S.C.1994,c.22,as amended;
(c)issuance of a Permit is under the jurisdition of the Regional
Muncicipality and/or required under the York Region Forest
Conservation By-law;or
(d)approval is inconsistent with an approved Tree Inventory and
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Preservation Plan.
7.6 Permit Approved Subject to Conditions
The issuance of a Permit or Heritage Permit may be subject to conditions
imposed by the Director or Council,as the case may be,which may include
any or all of the following requirements:
(a)submission of a Vegetation Management Plan (“VMP”)to the
satisfaction of the Director.The VMP shall be prepared by a
certified Landscape Architect and may require the retention of
an Arborist,at the discretion of the Director or Council.The
VMP shall include,but not be limited to,the following:
(i)a vegetation inventory &assessment:Identify all
vegetation greater than 80mm DBH for individual Tree
assessments and/or identify perimeter at canopy of
woodland,groups or stands of vegetation;Identify trees
&vegetation on adjacent property that may be impacted.
Inventory shall include species,size and condition;
(ii)identification of all vegetation removals and identification
of all protection measures for vegetation designated to
be preserved;including an impact assessment to support
vegetation removals and/or preservation measures;
(iii)provision of compliance monitoring and protection/
mitigation specifications including all arboricultural
requirements for Trees designated to be preserved
during construction;
(iv)provision of post-construction performance monitoring
and rehabilitation specifications;
(v)an estimate of the monetary replacement value of the
Tree(s)as set out in the International Society of
Arboriculture (“ISA”)Guide for Plant Appraisal or
approved equal (to be completed by an Arborist)and
financial compensation,paid to the Town based on the
aforementioned ISA appraisal process for
Tree(s)/vegetation lost or destroyed;
(vi)provision for replacement plantings at another suitable
location on the property including provision of cash
securities in an amount equal to one-hundred and twenty
percent (120%)of the cost of replanting and maintaining
the Trees for a period of two (2)years).Where
restoration planting is not physically possible on the site
for which the Permit is being issued,provision of a cash
payment to the Town to be placed in the Town’s Tree
Planting reserves for future Tree planting by the Town in
an alternative location in the Town of Aurora;
(b)the submission of a written undertaking and release to ensure
that replacement plantings are carried out and maintained in
accordance with landscaping and restoration plans approved
by the Director;and/or
(c)undertaking that the tree cutting work only occur under the
supervision of an Arborist.
7.7 Permit Expiry Date
The Director,in his or her sole discretion and taking into account the work to
be completed under the Permit,shall include an expriation date on the
Permit which shall not exceed a one (1)year period.Council may wish to
impose an expiration date on any Heritage Permit being issued by the Town.
No further Tree Injury or Destruction that is allowed pursuant to the Permit
may occur after the expiration date.
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SECTION 8
APPEALS
8.1 An Applicant for a Permit or Heritage Permit may appeal to the
Ontario Municipal Board under the following circumstances:
(a)if the Town refuses to issue a Permit,within thirty (30)days
after the refusal;
(b)if the Town fails to make a decision on the Application,within
sixty (60)days after the Application is received by the
Director;or
(c)if the Owner objects to a condition in the Permit or Heritage
Permit,within thirty (30)days after the issuance of the
Permit.
SECTION 9
SEVERABILITY
9.1 Severability
If a court of competent jurisdiction declares any provision,or any part of a
provision of this By-law to be invalid or to be of no force and effect,it is the
intention of the Town in enacting this By-law,that each and every other
provision of this By-law authorized by law,be applied and enforced in
accordance with its terms,to the extent possible,according to law.
SECTION 10
ENFORCEMENT
10.1 Enforcement by Officer
Pursuant to subsection 436(1)of the Act,a Municipal Law Enforcement
Officer may,at any reasonable time,enter and inspect any land to determine
whether this By-law,a direction or order under this By-law,or an order
made pursuant to section 431 of the of the Act is being complied with.
Pursuant to section 438 of the Act,a Municipal Law Enforcement
Officer may undertake inspections pursuant to orders issued pursuant to
section 438 of the Act.
10.2 Inspection -Powers
For the purpose of an inspection carried out pursuant to subsection 10.1 of
this By-law,a Municipal Law Enforcement Officer may:
(a)require the production of documents or things relevant to the
inspection;
(b)inspect and remove documents or things relevant to the
inspection for the purpose of making copies and extracts;and
(c)require information from any person concerning a matter
related to the inspection;and alone or in conjunction with a
person possessing special expert knowledge make
examinations,measurements,take tests,samples or
photographs necessary for the purpose of the inspection.
10.3 By-law -Order Issued
Where the Director or any Municipal Law Enforcement Officer is satisfied
that a contravention of this By-law or a Permit/Heritage Permit issued under
this By-law has occurred,the Director or Municipal Law Enforcement
Officer may make an order setting out the particulars of the contravention
and requiring the Owner or any other person to stop the Injury or Destruction
of a Tree,or requiring work to be done to correct the contravention.
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The order shall set out the following:
(a)the name of the Owner,the municipal address and the legal
description of the land or property that is the subject of the
contravention;
(b)reasonable particulars of the contravention;
(c)what the owner or any other person must do to rectify the
contravention;
(d)a statement that if the work is not done in compliance with
the order within a specified time period,the Town will have
the work done at the sole expense of the Owner or any other
person deemed by the Director,in his or her sole discretion,to
be responsible for the Injury or Destruction of a Tree;
(e)the date and time by which the order must be compliance
with;and
(f)information regarding the Town's contact person.
10.4 An order issued pursuant to subsection 10.3 may be served
personally or by sending it by prepaid registered mail to the last known
address of the Owner and,if known,to the last known address of any
other person deemed by the Director,in his or her sole discretion,to be
responsible for the Injury or Destruction of a Tree.
10.5 Where service of an order under subsection 10.3 is made by mail,it
shall be deemed to have been effected on the fifth (5th)day after the date
the order is mailed.
10.6 In the event that service cannot be carried out under subsection
10.4 of this By-law,the Director or Municipal Law Enforcement Officer
shall place a placard containing the terms of the order in a conspicuous
place on the property where the Tree(s)are situated and placement of the
placard will be deemed sufficient service of the order on the Owner and
any other person to whom the order is directed.
10.7 If a Municipal Law Enforcement Officer is satisfied that a
contravention of this By-law has occurred,he or she may make an order:
(a)requiring the person who contravened the By-law or who
caused or permitted the contravention or the Owner or
occupier of the land on which the contravention occurred to
discontinue the contravening activity;and/or
(b)do work to correct the contravention.
10.8 Wherever this By-law or a Permit/Heritage Permit issued under this
By-law directs or requires any matter or thing to be done by any person,
and such person has failed to complete the matter or thing,
the matter or thing may be done by the Town under the direction of the
Director or a Municipal Law Enforcement Officer at the Owner's sole
expense.The Town may enter upon the land at any reasonable time for
this purpose and the Town may recover the costs incurred by action or by
adding the costs to the tax roll and collecting them in the same manner as
taxes pursuant to section 398 of the Act.
10.9 Contravention-Offences
Any person who contravenes any provision of this By-law or an order issued
pursuant to subsection 10.3 of this By-law is guilty of an offence.Pursuant
to paragraph (a)of subsection 429(2)of the Act,all contraventions of this
By-law or orders issued under subsection 10.3 of this By-law are designated
as multiple offences and continuing offences.A multiple offence is an
offence in respect of two (2)or more acts or omissions each of which
separately constitutes an offence and is a contravention of the same
provision of this By-law.For greater certainty,when multiple Trees are
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Injured or Destroyed,the Injury or Destruction of each Tree is a separate
offence.
10.10 Contravention -Fines
On conviction of an offence under this By-law,a person is liable to a fine in
accordance with section 429 of the Act and the following rules made
pursuant to section 429 of the Act:
(a)The minimum fine for any offence under this By-law is Five
Hundred Dollars ($500.00);
(b)In the case of a continuing offence,for each day or part of a
day that the offence continues,the minimum fine shall be Five
Hundred Dollars ($500.00),and the maximum fine shall be
Ten Thousand Dollars ($10,000.00).The total of all of the
daily fines for the offence may exceed One Hundred
Thousand Dollars ($100,000.00);and
(c)In the case of a multiple offence,for each offence included in
the multiple offence,the minimum fine shall be Five
Hundred Dollars ($500.00)and the maximum fine shall be
Ten Thousand Dollars ($10,000.00).The total of all fines for
each included offence may exceed One Hundred
Thousand Dollars ($100,000.00).
10.11 Special Fines -No Maximum
On conviction of an offence under this By-law a person is liable to a
special fine in accordance with paragraph (d)of subsection 429(2)of the
Act.The amount of the special fine will be the minimum fine as provided for
in subsection 10.10 of this By-law to which may be added the amount of
economic advantage or gain that the person has obtained or can obtain
from the contravention of this By-law and/or order issued pursuant to
subsection 10.3 of this By-law.Pursuant to paragraph 1 of subsection 429(3)
of the Act,a special fine may exceed One Hundred Thousand Dollars
($100,000.00).
10.12 Conviction of an Offence -Additional Remedy
Where a person is convicted of an offence under this By-law,the court in
which the conviction has been entered,and any court of competent
jurisdiction thereafter,may order the person to plant or replant trees in such
manner and within such a period of time as the court considers appropriate,
including any arboricultural treatment necessary to re-establish the Tree(s)
or have the Tree(s)re-established.
10.13 Presumption -Owner
If a contravention of this By-law or an order issued pursuant to subsection
10.3 of this By-law occurs,the contravention is presumed to have been
committed by the Owner of the property on which the contravention has
occurred unless otherwise proven by the Owner.
ARTICLE 11
REPEAL
11.1 Repeal
By-law Number 4474-03.D be and is hereby repealed in its entirety as of the
effective date of this By-law.
ARTICLE 12
EFFECTIVE DATE
12.1 Effective date
THAT this By-law shall come into full force and effect on XXXX,2012.
READ A FIRST AND SECOND TIME THIS XX DAY OF XXXX,2012.
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READ A THIRD TIME AND FINALLY PASSED THIS XX DAY OF XXXX,2012.
___________________________
GEOFFREY DAWE,MAYOR
___________________________
JOHN D.LEACH,TOWN CLERK
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Town of Aurora Tree Preservation By-law -SCHEDULE ‘A’
Measuring Tree Trunk Diameter
At Breast Height (D.B.H)
You must obtain a Permit to Injure or Destroy (a)Tree(s)prior
to the harm,damage,impairment or destruction of any tree in
the Town of Aurora with a trunk diameter at breast height
(DBH)of 20 cm or more.To determine the DBH,you must
measure the diameter of the tree trunk at 137 cm (1.37 m)
above ground level.
A Tree with a Single Straight Trunk
Simply measure a straight line 137cm (1.37m)from the ground
up along the trunk
A Tree with Branches or Bumps
If a tree’s branches or bumps interfere with the DBH measure-
ment,take the measurement below the branch or bump
A vertically growing tree on a slope,or
a leaning tree
Measure the diameter 137cm above the ground,at the mid-
point of the trunk along the slope.
Attachment #2 to PR12-001
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Town of Aurora Tree Preservation By-law -SCHEDULE ‘A’
Measuring Tree Trunk Diameter
At Breast Height Page 2
A Tree that forks below or
near 137cm
Record the diameter at the narrowed part of the main stem
below the fork.
A Tree that splits into several trunks
close to ground level
Following the guideline to the left,measure the DBH of each
trunk separately.
Where can I get more information about the Town of Aurora’s Tree Preservation
By-law?
Copies of the Town of Aurora Tree Preservation By-law are available from the Leisure Services department
(Parks &Recreation Services)at the Municipal Offices located at 100 John West Way or on the Town of Aurora
website:
www.aurora.ca
Anyone who contravenes any provision of the Tree Preservation by-law is guilty of an offence and subject to
penalty
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Town of Aurora Tree Preservation By-law -SCHEDULE ‘B’
Measuring Tree Trunk Diameter
Minimum Diameter Measurements
Trees greater than 20 cm diameter at breast height will
be expected to have the following minimum diameter
measurements.
Typical Measurements
Height of Measurement above grade level -3cm
Trunk Diameter -27cm
Attachment #3 to PR12-001
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Attachment #3
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THE CORPORATION OF THE TOWN OF AURORA
By-law Number XXXX-12
BEING A BY-LAW to prohibit
and/or regulate the Injury or
Destruction of Trees on Private
Property in the Town of Aurora
and to repeal By-law Number
4474-03.D.
WHEREAS subsection 135(1)of the Act provides that a local municipality
may prohibit or regulate the destruction or injuring of trees;
AND WHEREAS subsection 135(7)of the Act provides that a municipality
may in a by-law require that a permit be obtained to injure or destroy trees
and may impose conditions to a permit,including conditions relating to the
manner in which destruction occurs and the qualifications of persons
authorized to injure or destroy trees;
AND WHEREAS the Town has delegated jurisdiction over Woodlands to the
Regional Municipality;
AND WHEREAS Council passed By-law Number 4474-03.D on October 28,
2003,with respect to authorizing the injury or destruction of trees;
AND WHEREAS the Town deems it necessary and expedient to replace By-
law Number 4474-03.D with a new By-law amd repeal By-law Number 4474-
03.D in its entirety;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
TOWN OF AURORA ENACTS AS FOLLOWS:
SECTION 1
DEFINITIONS
1.1 The following words as set out in this By-law shall have the following
meanings:
(a)“Act”means the Municipal Act,2001,S.O.2001,c.25,as amended;
(b)"Applicant"means the Owner who submits an Application under the
provisions of this By-law;
Attachment #1 to PR12-016
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(c)"Application"means an application for a Permit or a Heritage
Permit,on such form as prescribed by the Director;
(d)"Arborist"means an expert in the care and maintenance of trees,and
includes:(i)an arborist qualified by the Ontario Ministry of Training,
Colleges and Universities;(ii)a Forest Technician or Forestry
Technologist with an applicable college diploma and a minimum of
two (2)years urban forestry experience;(iii)a certified arborist
qualified by the Certification Board of the International Society of
Arboriculture;(iv)a consulting arborist registered with the American
Society of Consulting Arborists;(v)a Registered Professional Forester
designated pursuant to the Professional Foresters Act,2000,S.O.
2000,c.18,as amended;or (vi)such other person with other similar
qualifications as approved by the Director;
(e)"Arborist's Report"means a technical report prepared by an Arborist
or Registered Professional Forester which identifies the surveyed
location,species,size and condition of a tree,provides the reasons
for any proposed Injuring or Destruction of a tree,and describes tree
protection measures or other mitigating activities to be implemented;
(f)"Council"means the Council of The Corporation of the Town of
Aurora;
(g)"Cultivated Orchard"means land where fruit or nut Trees are grown
and maintained for the harvesting of their fruits or nuts;
(h)"DBH"means the Diameter at Breast Height which shall be the
diameter of the trunk of a Tree at a point of measurement
1.37metres above the ground.DBH of multi-trunk Trees shall be
measured as presecribed in Schedule "A"to this By-law.Where a
Tree has been cut down and the remaining stump is less than 1.37
metres in height,the DBH shall be the extrapolated diameter at 1.37
metres above the ground as set out in Schedule "B"to this By-law;
(i)"Destroy and/or Destruction"means to kill by cutting,burning,
uprooting,chemical application,or other means;
(j)"Director"means the Director of Parks &Recreation Services for the
Town or his or her designate;
(k)"Emergency Work"means work required to be done immediately
in order to prevent imminent danger,including Tree maintenance
works necessary arising from natural events (e.g.,ice storm,high
winds,lightning,etc.)as well as Tree maintenance works associated
with emergency drain,utility and building repairs;
(l)“Golf Course”means an area of land laid out and operating as a golf
course,and includes putting greens,driving ranges,and other areas
that are ancillary to the golf course uses on the land;
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(m)"Hazardous"means destabilized or structurally compromised to an
extent that it presents an imminent danger of causing property
damage or injury to life;
(n)“Heritage Tree(s)”means any Tree,including but not limited to,pairs
of Trees,avenues or windrows of Trees,grove or arboreal remnant,or
one (1)or more Trees that form part of a cultural heritage landscape
that is on private property and is:
(i)it is located within a heritage conservation district as
designated under Part V of the OHA;
(ii)it is designated under,or located on a property
designated under,Part IV of the OHA;
(iii)it is designated by the Ontario Urban Forest Council;
(iv)it is listed on the Town’s Register of Properties of Cultural
Heritage Value or Interest.
(o)“Heritage Permit”means a Heritage Permit issued by the Town as
endorsed by Council after consultation with the Town’s Heritage
Advisory Committee;
(p)"Injure and/or Injury"means to damage or attempt to Destroy a
Tree by:(i)removing,cutting,girdling,or smothering of its roots;(ii)
interfering with its water supply;(iii)setting fire to it;(iv)applying
chemicals on,around,or near it;(v)compacting or re-grading within
the drip line of it;(vi)damages caused by new development or
construction related activities that are not evaluated as part of an
approval under the Planning Act;(vii)storing any materials within the
drip line;or (viii)any other means resulting from neglect,accident or
design;
(q)"Local Board"means a municipal service board,public library board,
transportation commission,board of health,police services board,or
any other board,commission,committee,body or local authority
established or exercising any power under any legislation with
respect to the affairs or purposes of the Town,but does not
include a school board,a conservation authority,or a private
cemetery corporation;
(r)“Municipal Law Enforcement Officer"means an individual appointed
by the Town by By-law pursuant to subsections 15(1)and 15(2)of the
Police Services Act,R.S.O.1990,c.P.15,as amended for the
administration and enforcement of Town by-laws;
(s)“OHA”means the Ontario Heritage Act,R.S.O.1990,c.O.18,as
amended;
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(t)"Owner"means the person having the right,title,interest or equity in
the land containing the subject Tree,or his or her agent authorized in
writing;
(u)"Permit"means a Permit to Injure or Destroy a Tree issued by the
Director;
(v)"Permit Application Fee"means the prescribed fee as set out in the
Application and as set out in the Town’s Fees and Services By-law,as
may be amended from time to time;
(w)"Person"and or “Persons”includes a corporation,a partnership,an
individual,a public utility and its heirs,executors,Directors,or other
legal representatives of a person to whom the context can apply
according to law;
(x)“Planning Act”means the Planning Act,R.S.O.1990,c.P.13,as
amended;
(y)"Pruning"means the removal of branches from living Trees by cutting
at a point outside the branch collar (but does not include the
removal of more than one quarter of a Tree's leaf-bearing crown),
for the purpose of thinning the crown of a Tree to increase light
penetration and air movement;providing clearance for utility lines,
buildings,pedestrians or vehicles;or eliminating dead,
hazardous or diseased wood;
(z)"Registered Professional Forester"means a member of The
Ontario Professional Foresters Association entitled to use the
designation of "Registered Professional Forester"pursuant to
subsection 14(6)of the Professional Foresters Act,2000,S.O.2000,
c.18,as amended ;
(aa)"Regional Municipality"means The Regional Municipality of York;
(bb)“Town”means The Corporation of the Town of Aurora;
(cc)"Tree"means any perennial woody plant,including its root
system,which has reached or can reach a height of at least 4.5
meters at physiological maturity,located within the boundaries of the
Town;
(dd)"Tree Farm"means land where Tr ees are grown and maintained for
sale;
(ee)"Tree Inventory and Preservation Plan"means a plan required by the
Town as a condition of development or re-development approval
pursuant to sections 41,51,or 53 of the Planning Act,which plan
determines,among other things,the Trees to be:(i)preserved
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through an assessment process identifying Trees,shrubs and other
specific areas of natural habitat and their ecological function or
importance;(ii)the impacts of any proposed development on the
Trees,shrubs,and other specific areas of natural habitat and their
ecological function or importance;(iii)mi tigation measures and
measures to protect and manage Trees to be preserved (not limited
to protective barriers and/or hoarding);and (iv)and proper practices
to remove Trees to be destroyed;
(ff)"Woodland"means land at least one (1)hectare in area and with
at least:
(i)1000 trees,of any size,per hectare;
(ii)750trees measuring over five (5)centimeters DBH
per hectare;
(iii)500 trees measuring over twelve (12)centimeters
DBH per hectare;or
(iv)250 trees measuring over twenty (20)centimeters
DBH per hectare;
but does not include a nursery,a Cultivated Orchard,or a
plantation established for the purpose of producing Christmas
trees or nursery stock;
(gg)"Woodlot"means land at least 0.2 hectares in area and no greater
than one (1)hectare in area and with at least:
(i)200 trees,of any size,per 0.2 hectares;
(ii)150 trees,measuring over five (5)centimeters DBH,per
0.2 hectares;
(iii)100 trees,measuring over twenty (12)centimeters DBH,
per 0.2 hectares
(iv)50 trees measuring over twenty (20)centimeters DBH,
per 0.2 hectares;
but does not include a nursery,a Cultivated Orchard or a plantation
established for the purpose of producing Christmas trees or nursery
stock;
(hh)"York Region Forest Conservation By-law"means By-law No.TR-
0004-2005-036,as amended,or successor thereto,as enacted by the
Regional Municipality.
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SECTION 2
PERMIT REQUIRED
2.1 Unless otherwise exempted by this By-law,no person shall permit or
cause the Injury or Destruction of:
(a)more than two (2)Trees within a twelve (12)month
period having a trunk diameter of more than twenty (20)
centimetres DBH and less than 70 centimeters DBH;
(b)any Tree greater than seventy (70)centimeters DBHwithin a 12
month period;or
(c)any Heritage Tree;
without first obtaining a Permit or Heritage Permit pursuant to this By-law.
2.2 Where a Permit or Heritage Permit has been issued under this
By-law,no person shall permit or cause the Injury or Destruction of
any Tree unless it is done in accordance with the conditions of the Permit
or Heritage Permit and any other supporting documentation relevant to
the issuance of the Permit or Heritage Permit.
SECTION 3
PERMIT NOT REQUIRED
3.1 Delegation to the Regional Municipality for Woodlands
The Regional Municipality shall have jurisdiction over the issuance of any
type of permit allowing the Injury or Destruction of Trees on Woodlands.
3.2 Exemptions
Notwithstanding section 2 of this By-law,a Permit or Heritage Permit is not
required for the Injury or Destruction of Trees:
(a)within Woodlands that are governed by the York Region
Forest Conservation By-law;
(b)within a building or structure,a solarium,rooftop garden,or an
interior courtyard having a soil depth of less than 1.5 metres
above a built substructure;
(c)within a Tree Farm that is being actively managed and
harvested for the purpose for which the Trees were planted;
(d)within a Cultivated Orchard;
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(e)that is for the removal of a dead,diseased or Hazardous
Tree,or a portion of such a Tree,where a certificate
confirming the need for removal has been issued by an
Arborist and submitted to the Director;
(f)for Emergency Work;
(g)for Pruning;
(h)for activities or matters undertaken by the Town or a Local
Board,but excluding activities requiring Heritage Permits;
(i)for activities or matters authorized under a license issued under
the Crown Forest Sustainability Act,1994,S.O.1994,c.25,as
amended,or successor thereto;
(j)for work performed by a person licensed under the Surveyors
Act,R.S.O.1990,c.S.29,as amended,or successor thereto,
to engage in the practice of cadastral surveying or his or
her agent,while making a survey;
(k)imposed after December 31,2002,as a condition to the
approval of an executed site plan,plan of subdivision or a
consent under section 41,51 or 53,respectively,of the
Planning Act,or as a requirement of a development agreement
entered into under those sections (including the Injury or
Destruction of a Tree in compliance with a Tree Inventory and
Preservation Plan);
(l)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;
(m)by a transmitter or distributor,as those terms are defined in
section 2 of the Electricity Act,1998,S.O.1998,c.15,Sched.
A,as amended,or succesor thereto,for the purpose of
constructing and maintaining a transmission system or a
distribution system,as those terms are defined in that section;
(n)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,R.S.O.1990,c.A.8,as amended,or
successor thereto;
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(o)undertaken on land in order to lawfully establish and operate
or enlarge any pit or quarry on land that:(i)has not been
designated under the Aggregate Resources Act,R.S.O.1990,
c.A.8,as amended or a predecessor of that Act;or (ii)on
which a pit or quarry is a permitted land use under a by-law
passed under section 34 of the Planning Act;
(p)on lands owned by the Town or lands within the Town owned
by the Regional Municipality;or
for the removal of not more than ten (10)Trees within a twelve
(12)month period on a Golf Course.having a trunk diameter
of more than twenty (20)centimetres DBH and less than 70
centimeters DBH;
SECTION 4
ADMINISTRATION
4.1 Administration Authority Delegated to the Director
The Director is responsible for the administration of this By-law and is
hereby delegated the authority to receive certificates from an Arborist,
Applications,and any required fees.The Director is further authorized to
issue,revoke,or refuse to issue Permits,including imposing conditions
thereto,in accordance with this By-law.
4.2 Power of Entry
Submission of an Application is deemed consent of the Owner for the
Director or Municipal Law Enforcement Officer to enter onto the l ands that
are subject to the Application to inspect the Tree(s)if considered
necessary,in the sole opinion of the Director.
Furthermore,submission of an Application is deemed consent of the Owner
for such person designated as an inspector by the Canadian Food
Inspection Agency,for the purposes of the Plant Protection Act,S.C.1990,
c.22,as amended,or successor thereto,to inspect for the presence of
pests (as defined in the said legislation)and to take any and all action
including the removal of Trees on all private property,in accordance with the
said legislation.
4.3 Enforcement
The Municipal Law Enforcement Officer is hereby delegated the authority
to enforce this By-law,and conduct inspections of Tree(s)pursuant to the
exercise of their authority under this By-law and any other enacted
legislation.
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SECTION 5
CERTIFICATE REQUIREMENTS
5.1 Dead,Diseased,or Hazardous Trees
Subject to section 2.1 of this By-law,no person shall Injure,Destroy,or
remove a dead,diseased or Hazardous Tree without first submitting a
certificate prepared by an Arborist confirming that the Tree is dead,
diseased or Hazardous,to the sole satisfaction of the Director.
5.2 Emergency Works
Notwithstanding subsection 3.2(f)of this By-law,the Owner shall,within
seventy-two (72)hours of the completion of any Emergency Work,submit a
certificate prepared by an Arborist confirming the requirement,nature and
extent of the Emergency Work performed together with photographs
depicting the condition of the Tree(s)removed immediately prior to its
removal,all to the sole satisfaction of the Director.
SECTION 6
APPLICATION REQUIREMENTS
6.1 Permit Application
An Owner who wishes to Injure or Destroy Tree(s)for which a Permit or
Heritage Permit is required shall submit an Application to the Director,
and shall provide the following:
(a)the name,address and telephone number of the Owner;
(b)the non-refundable Application fee;
(c)the purpose for which the Permit is required;
(d)an Arborist's Report at the discretion of the Director;
(e)where the base of a Tree straddles a property line,the written
consent to the Permit issuance from the affected adjacent
property owner;and
(f)where the Applicant is not the Owner,the written authorization
of the Owner consenting to the Application.
Notwithstanding subsection 6.1(b),should the Director determine that the
Application is exempt from the requirement for a Permit or Heritage
Permit in accordance with section 3 of this By-law,the prescribed costs
shall be refunded to the Owner.
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6.2 Offence -False or Misleading Information
No person shall submit false or misleading information in support of an
Application.Together with any other penalties or fines that may be otherwise
imposed,if such false or misleading information is found to have been
submitted in support of an Application,such Application under consideration
will be refused,and any Permit or Heritage Permit issued on the basis of
such false or misleading information will be immediately rescinded.
6.3 Application Fee –Director Authorized to Waive
The Director is authorized to reduce or waive the Application fee at his
or her sole discretion,giving consideration to the financial circumstances of
the Applicant.
SECTION 7
ISSUANCE OF PERMIT
7.1 Permit Approval Process
Upon receipt of an Application,the Director shall:
(a)determine,with the assistance of the Manager of Heritage
Planning,whether a Heritage Permit (instead of a Permit)is
required pursuant to this By-law;
(b)make a decision as to whether or not a Permit will be
issued,and whether any conditions will be imposed on a
Permit,through the Director’s consideration of the following
criteria:
(i)the species of the Tree;
(ii)the condition of the Tree;
(iii)the location of the Tree;
(iv)the protection of ecological systems and their
functions,including the protection of native flora and
fauna;
(v)erosion,sedimentation of watercourses,and flood
control;
(vi)impacts to surrounding properties,including loss of
shade,vistas or privacy;
(vii)any potential cultural heritage value of the Tree in
consultation with the Manager of Heritage Planning;
(viii)any public comments received;
(ix)comments received from such persons,staff and
agencies as deemed necessary,in the Director’s
sole opinion,for the proper review of the Application
to determine whether or not a Permit should be issued
and any conditions imposed thereto;and
(x)any other such information that the Director deems to be
necessary for the issuance of a Permit.
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(c)cause the Owner to post an information sign on the property in
a location clearly visable from the street.The information sign
will be provided by the Town to the Owner at the time of the
Application,and shall remain posted on the property until the
Permit has been issued.The sign can be attached to an
existing feature such as a fence or pole,or placed on a stake.
A declaration of sign posting must be completed and signed by
the Applicant and submitted to the Director once the sign is
posted.
7.2 Signage
The signage called for in subsection 7.1(c)shall be posted and remain on the
property for at least fifteen (15)days prior to the issuance of a Permit or
Heritage Permit,and shall remain posted and visable on the property until
the earlier of the completion of the works permitted pursuant to the
Permit/Heritage Permit or the Permit/Heritage Permit expiration date.
7.3 Permit Not Issued -Subdivision Not Yet Draft Approved
A Permit or Heritage Permit shall not be approved or issued
where an application for subdivision approval or consent related to lands on
which the subject Tree(s)is/are located has been submitted to the Town and
has not received draft approval or provisional consent.
7.4 Permit Not Issued -Planning Application Not Approved
A Permit or Heritage Permit shall not be approved or issued where a re-
zoning application,an application for site plan approval,or an application
to amend the official plan related to the lands on which the Tree(s)is/are
located has been submitted to the Town and has not received final approval.
7.5 Permit Not Issued -Other
A Permit or Heritage Permit shall not be approved or issued where:
(a)a Tree to be Injured or Destroyed is an endangered species as defined
in the Endangered Species Act,2007,S.O.2007,c.6,as amended,
or the Species at Risk Act,S.C.2002,c.29,as amended;
(b)approval would be in contravention of the Migratory Birds Convention
Act,1994,S.C.1994,c.22,as amended;
(c)issuance of a Permit is under the jurisdition of the Regional
Muncicipality and/or required under the York Region Forest
Conservation By-law;or
(d)approval is inconsistent with an approved Tree Inventory and
Preservation Plan.
7.6 Permit Approved Subject to Conditions
The issuance of a Permit or Heritage Permit may be subject to conditions
imposed by the Director or Council,as the case may be,which may include
any or all of the following requirements:
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(a)submission of a Vegetation Management Plan (“VMP”)to the
satisfaction of the Director.The VMP shall be prepared by a
certified Landscape Architect and may require the retention of
an Arborist,at the discretion of the Director or Council.The
VMP shall include,but not be limited to,the following:
(i)a vegetation inventory &assessment:Identify all
vegetation greater than 80mm DBH for individual Tree
assessments and/or identify perimeter at canopy of
woodland,groups or stands of vegetation;Identify trees
&vegetation on adjacent property that may be impacted.
Inventory shall include species,size and condition;
(ii)identification of all vegetation removals and identification
of all protection measures for vegetation designated to
be preserved;including an impact assessment to support
vegetation removals and/or preservation measures;
(iii)provision of compliance monitoring and protection/
mitigation specifications including all arboricultural
requirements for Trees designated to be preserved
during construction;
(iv)provision of post-construction performance monitoring
and rehabilitation specifications;
(v)an estimate of the monetary replacement value of the
Tree(s)as set out in the International Society of
Arboriculture (“ISA”)Guide for Plant Appraisal or
approved equal (to be completed by an Arborist)and
financial compensation,paid to the Town based on the
aforementioned ISA appraisal process for
Tree(s)/vegetation lost or destroyed;
(vi)provision for replacement plantings at another suitable
location on the property including provision of cash
securities in an amount equal to one-hundred and twenty
percent (120%)of the cost of replanting and maintaining
the Trees for a period of two (2)years).Where
restoration planting is not physically possible on the site
for which the Permit is being issued,provision of a cash
payment to the Town to be placed in the Town’s Tree
Planting reserves for future Tree planting by the Town in
an alternative location in the Town of Aurora;
(b)the submission of a written undertaking and release to ensure
that replacement plantings are carried out and maintained in
accordance with landscaping and restoration plans approved
by the Director;and/or
(c)undertaking that the tree cutting work only occur under the
supervision of an Arborist.
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7.7 Permit Expiry Date
The Director,in his or her sole discretion and taking into account the work to
be completed under the Permit,shall include an expriation date on the
Permit which shall not exceed a one (1)year period.Council may wish to
impose an expiration date on any Heritage Permit being issued by the Town.
No further Tree Injury or Destruction that is allowed pursuant to the Permit
may occur after the expiration date.
SECTION 8
APPEALS
8.1 An Applicant for a Permit or Heritage Permit may appeal to the
Ontario Municipal Board under the following circumstances:
(a)if the Town refuses to issue a Permit,within thirty (30)days
after the refusal;
(b)if the Town fails to make a decision on the Application,within
sixty (60)days after the Application is received by the
Director;or
(c)if the Owner objects to a condition in the Permit or Heritage
Permit,within thirty (30)days after the issuance of the
Permit.
SECTION 9
SEVERABILITY
9.1 Severability
If a court of competent jurisdiction declares any provision,or any part of a
provision of this By-law to be invalid or to be of no force and effect,it is the
intention of the Town in enacting this By-law,that each and every other
provision of this By-law authorized by law,be applied and enforced in
accordance with its terms,to the extent possible,according to law.
SECTION 10
ENFORCEMENT
10.1 Enforcement by Officer
Pursuant to subsection 436(1)of the Act,a Municipal Law Enforcement
Officer may,at any reasonable time,enter and inspect any land to determine
whether this By-law,a direction or order under this By-law,or an order
made pursuant to section 431 of the of the Act is being complied with.
Pursuant to section 438 of the Act,a Municipal Law Enforcement
Officer may undertake inspections pursuant to orders issued pursuant to
section 438 of the Act.
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10.2 Inspection -Powers
For the purpose of an inspection carried out pursuant to subsection 10.1 of
this By-law,a Municipal Law Enforcement Officer may:
(a)require the production of documents or things relevant to the
inspection;
(b)inspect and remove documents or things relevant to the
inspection for the purpose of making copies and extracts;and
(c)require information from any person concerning a matter
related to the inspection;and alone or in conjunction with a
person possessing special expert knowledge make
examinations,measurements,take tests,samples or
photographs necessary for the purpose of the inspection.
10.3 By-law -Order Issued
Where the Director or any Municipal Law Enforcement Officer is satisfied
that a contravention of this By-law or a Permit/Heritage Permit issued under
this By-law has occurred,the Director or Municipal Law Enforcement
Officer may make an order setting out the particulars of the contravention
and requiring the Owner or any other person to stop the Injury or Destruction
of a Tree,or requiring work to be done to correct the contravention.
The order shall set out the following:
(a)the name of the Owner,the municipal address and the legal
description of the land or property that is the subject of the
contravention;
(b)reasonable particulars of the contravention;
(c)what the owner or any other person must do to rectify the
contravention;
(d)a statement that if the work is not done in compliance with
the order within a specified time period,the Town will have
the work done at the sole expense of the Owner or any other
person deemed by the Director,in his or her sole discretion,to
be responsible for the Injury or Destruction of a Tree;
(e)the date and time by which the order must be compliance
with;and
(f)information regarding the Town's contact person.
10.4 An order issued pursuant to subsection 10.3 may be served
personally or by sending it by prepaid registered mail to the last known
address of the Owner and,if known,to the last known address of any
other person deemed by the Director,in his or her sole discretion,to be
responsible for the Injury or Destruction of a Tree.
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10.5 Where service of an order under subsection 10.3 is made by mail,it
shall be deemed to have been effected on the fifth (5th)day after the date
the order is mailed.
10.6 In the event that service cannot be carried out under subsection
10.4 of this By-law,the Director or Municipal Law Enforcement Officer
shall place a placard containing the terms of the order in a conspicuous
place on the property where the Tree(s)are situated and placement of the
placard will be deemed sufficient service of the order on the Owner and
any other person to whom the order is directed.
10.7 If a Municipal Law Enforcement Officer is satisfied that a
contravention of this By-law has occurred,he or she may make an order:
(a)requiring the person who contravened the By-law or who
caused or permitted the contravention or the Owner or
occupier of the land on which the contravention occurred to
discontinue the contravening activity;and/or
(b)do work to correct the contravention.
10.8 Wherever this By-law or a Permit/Heritage Permit issued under this
By-law directs or requires any matter or thing to be done by any person,
and such person has failed to complete the matter or thing,
the matter or thing may be done by the Town under the direction of the
Director or a Municipal Law Enforcement Officer at the Owner's sole
expense.The Town may enter upon the land at any reasonable time for
this purpose and the Town may recover the costs incurred by action or by
adding the costs to the tax roll and collecting them in the same manner as
taxes pursuant to section 398 of the Act.
10.9 Contravention-Offences
Any person who contravenes any provision of this By-law or an order issued
pursuant to subsection 10.3 of this By-law is guilty of an offence.Pursuant
to paragraph (a)of subsection 429(2)of the Act,all contraventions of this
By-law or orders issued under subsection 10.3 of this By-law are designated
as multiple offences and continuing offences.A multiple offence is an
offence in respect of two (2)or more acts or omissions each of which
separately constitutes an offence and is a contravention of the same
provision of this By-law.For greater certainty,when multiple Trees are
Injured or Destroyed,the Injury or Destruction of each Tree is a separate
offence.
10.10 Contravention -Fines
On conviction of an offence under this By-law,a person is liable to a fine in
accordance with section 429 of the Act and the following rules made
pursuant to section 429 of the Act:
(a)The minimum fine for any offence under this By-law is Five
Hundred Dollars ($500.00);
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(b)In the case of a continuing offence,for each day or part of a
day that the offence continues,the minimum fine shall be Five
Hundred Dollars ($500.00),and the maximum fine shall be
Ten Thousand Dollars ($10,000.00).The total of all of the
daily fines for the offence may exceed One Hundred
Thousand Dollars ($100,000.00);and
(c)In the case of a multiple offence,for each offence included in
the multiple offence,the minimum fine shall be Five
Hundred Dollars ($500.00)and the maximum fine shall be
Ten Thousand Dollars ($10,000.00).The total of all fines for
each included offence may exceed One Hundred
Thousand Dollars ($100,000.00).
10.11 Special Fines -No Maximum
On conviction of an offence under this By-law a person is liable to a
special fine in accordance with paragraph (d)of subsection 429(2)of the
Act.The amount of the special fine will be the minimum fine as provided for
in subsection 10.10 of this By-law to which may be added the amount of
economic advantage or gain that the person has obtained or can obtain
from the contravention of this By-law and/or order issued pursuant to
subsection 10.3 of this By-law.Pursuant to paragraph 1 of subsection 429(3)
of the Act,a special fine may exceed One Hundred Thousand Dollars
($100,000.00).
10.12 Conviction of an Offence -Additional Remedy
Where a person is convicted of an offence under this By-law,the court in
which the conviction has been entered,and any court of competent
jurisdiction thereafter,may order the person to plant or replant trees in such
manner and within such a period of time as the court considers appropriate,
including any arboricultural treatment necessary to re-establish the Tree(s)
or have the Tree(s)re-established.
10.13 Presumption -Owner
If a contravention of this By-law or an order issued pursuant to subsection
10.3 of this By-law occurs,the contravention is presumed to have been
committed by the Owner of the property on which the contravention has
occurred unless otherwise proven by the Owner.
ARTICLE 11
REPEAL
11.1 Repeal
By-law Number 4474-03.D be and is hereby repealed in its entirety as of the
effective date of this By-law.
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ARTICLE 12
EFFECTIVE DATE
12.1 Effective date
THAT this By-law shall come into full force and effect on XXXX,2012.
READ A FIRST AND SECOND TIME THIS XX DAY OF XXXX,2012.
READ A THIRD TIME AND FINALLY PASSED THIS XX DAY OF XXXX,2012.
___________________________
GEOFFREY DAWE,MAYOR
___________________________
JOHN D.LEACH,TOWN CLERK
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GENERAL COMMITTEE No.PR12-001
SUBJECT:Approval of Tree Protection By-law
FROM:Allan D.Downey,Director of Parks and Recreation Services
DATE:January 17,2012
RECOMMENDATIONS
THAT report PR12-001 be received as information;and
THAT staff be directed to publicise notice of the revised Draft Tree Protection By-
law,in the local media,Town of Aurora website and in all municipal facilities for
the purposes of allowing the public and stake holders with an opportunity to
review the proposed By-law and provide comment;and
THAT following this public consultation period,staff report back to Council prior
to May 2012 with a final draft Tree Protection By-law with recommendations for
Councils consideration in enacting the final revised By-law.
PURPOSE OF THE REPORT
To provide Council with a draft of a proposed Tree Protection By-law and to provide the
public and stake holders with an opportunity to review and comment on the By-law prior
to its enactment.
BACKGROUND
At the January 25,2011 General Committee meeting,Council received a delegation
from a citizen who had several concerns with the Town’s current Tree Permit By-Law
No.4474-03D.The concerns of this citizen were primarily focused on tree removal on
the Oak Ridges Moraine and,in particular,with the fact that Golf Course establishments
are exempt under the Town’s current by-law.
In response to this delegation General Committee directed staff as follows:
General Committee recommends:
THAT the comments of the delegate be received and referred to staff;and
THAT staff be directed to report back to Council on the specific comments
raised by the delegate respecting golf courses as well as any other issue
staff may identify with respect to the enforcement and protection of trees.
TOWN OF AURORA
Attachment #2 to PR12-016
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January 17,2012 -2 -Report No.PR12-001
Following Council direction,members of the Executive Leadership Team appointed a
Tree By-law Review Committee consisting of the Manager of Parks,the Manager of
Engineering and Design,the Manager of Building Code Review,and the Manager of
Planning and Development.
The Committee held a series of meetings for the purposes of conducting an overall
review of the current by-law in an effort to evaluate its applicability and effectiveness
including a number of issues revolving around the administration of the by-law.
As a first step in the by-law review,the Committee conducted a public consultation
process whereby an online survey was conducted in order to assist the Committee in
establishing a baseline of public opinion regarding the importance of trees in our
municipality.
The online survey was completed by 100 respondents.This could be considered a
relatively low participation rate and not indicative of community-wide public opinion,
given Aurora’s gross population of over 52,000;however,staff was advised by our
Communication Department,who assisted in the survey,that this survey was among
the highest in participation of any previously conducted survey.
While the information obtained from the survey was helpful in assisting the Committee,
it was not considered paramount or as a single resource in formulating the overall
content of the revised by-law;rather,the committee used a measured approach in
guiding the review process,taking into consideration a number of criteria including the
following:
Research of other neighbouring and GTA municipalities Tree Protection by-laws;
Consultation with the Region of York;
Identification and revision of inconsistent language in the current By-law and
revision of same;
Public opinion;
Revisions to internal interdepartmental administration processes;and
Consultation with the Manager of Heritage Planning.
During the review process the Committee focused on a number of areas where there
was concern with interpreting and differentiating between the Towns’s existing Tree
Permit By-law and the Region of York Tree Protection By-law No.TR-004-2005-036.
As with all local by-laws,the Upper-tier municipality by-law (York Region)takes
precedence in its applicability over any lower-tier by-law (Aurora).To state this in
simplistic terms,the York Region Tree Permit By-law will continue to apply to wooded
properties in the Town of Aurora greater than one hectare in size.The Town of
Aurora’s Tree Protection By-law will continue to apply to any private property or tree
covered area within a property that is less than one hectare in size,as is currently the
case.
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January 17,2012 -3 -Report No.PR12-001
In our discussions with the Region of York,staff were advised that the Town of Aurora
did not delegate to the Region of York,our authority to enforce their Tree Protection By-
law on Aurora properties of 0.2 to 1.0 hectares in size when the York Region Tree
Protection By-law was revised in 2005,as is permitted under subsection 135 (10)of the
Municipal Act.
Staff were advised that many other local municipalities did delegate this authority to the
Region of York;however,in our discussions with the Regional Forestry Coordinator,it
was agreed that there was no advantage in delegating our authority to the Region given
that our by-law is more geared to the higher density municipal setting and properties
that are,for the most part,under one hectare in size.
TREE PROTECTION BY-LAW REVISIONS PROPOSED
There are a number of revisions proposed in the by-law,many of which are small in
nature;however,in addition to these revisions,there are more significant revisions that
will substantially change the way the by-law works and how it is applied.For the
purposes of highlighting only the more significant revisions,the Committee has listed
these revisions along with a brief explanation of each revision as follows:
1.REDUCTION IN THE NUMBER OF TREES REMOVED WITHOUT A PERMIT
DOWN TO TWO TREES IN A 12-MONTH PERIOD FROM NOT MORE THAN
FOUR TREES
The proposed by-law will reduce the number of trees that can be removed
without first obtaining a permit from the current four trees down to two trees.
Based on the results of the public survey,and the fact that many other
municipalities require that a permit be issued for the removal of a single tree,this
change was considered a more moderate revision that would still enable most
private property owners to manage their property.
2.GOLF COURSES NOW INCLUDED IN THE BY-LAW BUT ABLE TO REMOVE
UP TO 10 TREES IN A 12-MONTH PERIOD WITHOUT A PERMIT
The current by-law provides for an exemption to golf courses.In reviewing the
public survey results and other municipal trees by-laws,the By-law Review
Committee sees a need to regulate the cutting of trees on golf course properties;
however,the Committee also believes that golf course owners need a level of
flexibility to be able to manage their business needs.As such,the Committee felt
that being able to remove ten trees in a 12-month period without a permit
provides golf courses with that flexibility.In addition,most other municipal tree
by-laws require golf courses to obtain a permit to remove a single tree.
3.CONSERVATION AUTHORITY AND SCHOOL BOARDS ARE NOW
INCLUDED IN THE BY-LAW REQUIRED TO OBTAIN PERMITS
The current by-law provides for an exemption to Conservation Authorities and
School Boards.The By-law Committee in discussions with our Legal Services
department were advised that there are no provincial acts or regulations that
exempt these agencies from complying with local ordinances.In view of the
public comments and the large tracts of forested lands owned and managed by
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January 17,2012 -4 -Report No.PR12-001
LSRCA and TRCA in the Town of Aurora,the Committee suggests that these
agencies be included in the proposed by-law as an additional measure of
protection over these resources.
4.DIRECTOR TO ISSUE/DENY PERMITS AS AN ADMINISTRATIVE FUNCTION
Permits issued under the current by-law are subject to Council approval.
Although this is an effective approvals process in that Council is well informed of
all tree removal permits,it is a very time consuming and administratively
intensive process that can require six to eight weeks to process a tree permit
application.The Committee felt that this process should be streamlined both
from a customer service and administrative standpoint which is in keeping with
the majority of other municipal Tree Protection By-laws.Council will remain
involved in the process in the event of a permit refusal by the Director of Parks
and Recreation Services whereby an Applicant would appeal the refusal decision
directly to General Committee.In addition,staff can establish,via policy,that
Council is notified of all tree permits that have been issued or denied.
5.PERMIT MUST BE OBTAINED PRIOR TO REMOVING SINGLE TREES 70 CM
(27.5 in.)AND ABOVE
There are no provisions in the current by-law that require a permit to be obtained
prior to removing up to four trees of any size in a 12-month period.Based on the
results of the public survey and the environmental benefits associated with the
leaf area canopy of our larger trees,the Committee suggested that single tree
protection in the by-law for these older and much larger trees is appropriate.
6.PERMIT MUST BE OBTAINED PRIOR TO REMOVING A SINGLE TREE IN
THE HERITAGE RESOURCE DISTRICT INCLUDING TREES ON
DESIGNATED HERITAGE PROPERTIES
The current by-law has provision for protection of five trees or more on properties
designated under the Ontario Heritage Act.With a further requirement for an
applicant to obtain approval from the Town’s Heritage Advisory Manager prior to
the issuance of a tree removal permit.The proposed revision will apply to single
tree protection on OHA designated properties as well as single trees within the
Heritage Resource Area as identified on Schedule B attached to the By-law.The
Aurora Cemetery would be an example of a designated property that would be
subject to obtaining a permit to remove a single tree 20 cm in diameter or larger.
7.CLARIFIED INTENT OF THE BY-LAW EXEMPTIONS AS IT RELATES TO
ADMINISTERING SUBDIVISION AND SITE PLAN APPLICATIONS
Section 20 of the existing by-law which deals with tree permit exemptions -
relating to planning approvals associated with land development -has been
previously interpreted to require that all final development agreements be signed
by both parties prior to the removal of trees on the subject lands.In this case a
tree removal permit is not required.
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Very often there is an extensive period of time required in the process of
executing a final development agreement.The By-law Review Committee
acknowledges that this particular requirement can cause significant delays and
complications for applicants wishing to proceed with pre-servicing of sites while
awaiting the final development agreement to be executed.As such the
Committee suggests that the revised by-law requires all applicants wishing to
move forward with site works prior to a signed agreement be required to obtain a
tree removal permit.
Under this scenario,the applicant will be required to apply for a tree removal
permit and to fulfill all conditions imposed on the permit in order to satisfy the
intent of both the Tree Protection By-law and all forestry-related requirements
contained in the pending development agreement.
8.SET MINIMUM FINES
Under the current by-law there are no applicable minimum/maximum fines for a
first offence.The revised by-law now provides for a minimum fine of $500.00 on
a first offence and a maximum fine for any offence of $100,000.00.
COMMENTS
Perhaps one of the more significant revisions in this by-law is the provision to include
golf course establishments.During the consultation process,staff received a written
submission from a local golf course suggesting that the current Regional Tree
Protection By-law was sufficient enough to ensure that due process was in place to
regulate golf courses and further suggested that the inclusion of golf courses in the
revised by-law could be seen as duplication.
While the committee acknowledged the fact that the Regional by-law is applicable,it is
only applicable to woodlands greater that one hectare in size.The Town’s revised by-
law will deal with treed areas on golf course lands less than one hectare which is not a
duplication of the Regional by-law.
With this more restrictive Tree Protection By-law it is expected that there will potentially
be a corresponding increase in the level of administrative work that will result.Currently
Parks Division staff is primarily responsible for the majority of the administrative
requirements associated with the by-law
The By-law Enforcement section is also involved when an infraction has been reported
and an onsite investigation is deemed necessary.Currently,staff issues an average of
two or three tree permits each year.A total of nine permits have been issued since the
Tree Permit By-law was enacted in 2003.As such staff are recommending that a
watch-and-wait approach for a one-year period to properly gauge and assess the
increase in the administrative work load prior to recommending retention of additional
resources.
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January 17,2012 -6 -Report No.PR12-001
Following this period staff will be in a better position to evaluate and quantify the
impacts that this revised by-law has had on both the Parks and Recreation section and
the By-law Enforcement section.If deemed necessary,staff will then follow up with a
further report to Council on the matter and include the appropriate recommendations
with respect to the administration resource needs of the by-law.
As with any revised or newly created by-law there will be a period of time required to
educate and communicate with our residents and businesses in order to ensure that the
revised by-law is enacted through a fair and open process.
The Committee suggests that in the event Council approves the revised by-law,a
significant effort and time allocation be made to communicate this revised by-law to the
public prior to its enactment.As such,staff will prepare an appropriate public notice to
be posted in the local media,on our website and in our municipal buildings for a period
of time.
ALTERNATIVE(S)TO THE RECOMMENDATIONS
1.Council could direct staff to make further revisions to the draft by-law prior to its
releasing the By-law to the Public.
2.Council could delay the acceptance of the draft by-law for an indefinite period of time
to provide for more public dialogue,input and revisions.
FINANCIAL IMPLICATIONS
There are a number of financial implications that may be realised with the passage of
this more restrictive by-law as follows:
Increased administration associated with issuing tree protection permits;
Increased administration associated with preparing reports and materials for
appeals to Council;
Increased site visits,meetings and monitoring for compliance with permits that
have been issued;
Increased time communicating with and educating residents and customers on
the various aspects of the by-law.
As previously indicated,it is difficult to forecast with any certainty the definitive impacts
associated with administering this by-law at the present time.Revised fees proposed in
the by-law will be subject to approval in the annual fees and service charges.
CONCLUSIONS
That Council receive the draft revised Tree Protection By-law as information and that
staff be directed to publicise notice of the revised Tree Protection By-law in the local
media for the purposes of allowing the public and stake holders to review the draft By-
law and provide comments.
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January 17,2012 -7 -Report No.PR12-001
ATTACHMENTS
Attachment #1 –Revised Tree Protection By-law
Attachment#2 –Schedule A to the Draft Tree Protection By-law
Attachment #3–Schedule B to the Draft Tree Protection By-law
PRE-SUBMISSION REVIEW
Executive Leadership Team Meeting,Thursday,January 5,2012.
Prepared by:Jim Tree,Manager of Parks-Ext.3222
______________________________________________________________
Allan D.Downey Neil Garbe
Director of Parks and Recreation Services Chief Administrative Officer
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Attachment #3 to PR12-016
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ONTARIO GOLF SUPERINTENDENTS’ASSOCIATION
Guelph Turfgrass Institute
328 Victoria Road South
Guelph,Ontario N1L 0H2
www.golfsupers.on.ca
.
April 18,2012
To:Public Planning Committee
Town of Aurora
On behalf of the all the all golf courses in Ontario and most specifically the golf courses in Aurora we
would like to comment on the debate on amending your current tree bylaw and the proposed revision
to include golf courses.
Golf courses are inherently different than other properties in that they are commercial enterprises of
which the success is determined by the quality of the landscape to support a specific use –the playing
of the game of golf.The success of a particular golf course as a business is directly dependant on the
quality of the course in comparison to others.Quality is measured in many ways,the aesthetic appeal
of the course,the degree of challenge and most notably,the quality and consistency of tees,greens and
fairways.Achieving excellence in the management of tees,greens and fairways is a science.
Turf requires specific ratios of sunlight,moisture,nutrition,etc.to remain in a good resilient state that
can withstand the impacts of play.Consequently golf courses must have the latitude to manage trees
specifically and the landscape in general to ensure that they remain viable and successful businesses in
the realm of the competitive golf marketplace.
If the exemption was not in place and a course was for whatever reason not permitted to remove trees
that grow very large over time and impact the quality or playability of the course,this in turn would
directly impact the viability of the course as a business and this could have further ramifications in
terms of requests for compensation for the loss of revenue resulting from the prohibition of tree
removal.Once again,an idea that appears to be very simple on the surface holds the potential to have
significant ramifications that could lead to undesirable conflicts in practice.
Most importantly,all areas designated as significant woodlands are already governed by York Region.
With this in mind we present the following comments.
The golf courses in Aurora are committed to the cultural,environmental and economic sustainability of
the Town of Aurora and outlying areas.We ask that you consider our requests to be included within the
Town of Aurora's amended Tree By-law #4474-03.D,and that it remains clear,broadly inclusive,and
consistent with other municipal,regional and provincial policies and legislation.Policies need to
incorporate concepts relevant to the responsible environmental management of golf courses and move
beyond conventional notions of tree removal as it pertains to residential units to include playability,
safety,agronomic,economic and ecological considerations.It is with this commitment that we ask the
Town of Aurora's amended Tree Bylaw considers some specific needs of the golf industry to assist us in
our sustainability goals.
Phone:(519)767-3341 Toll Free 1-877-824-OGSA (6472)Fax:(519)766-1704
Email:ogsa@gti.uoguelph.ca Web Site:www.golfsupers.on.ca
OGSA is committed to serving its members,
advancing their profession,and enriching
the quality of golf and its environment
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If golf courses are not exempt by the amended Tree By-Law #4474-03D,and are therefore required to
apply for permits whenever the removal of ten or more trees is required,we ask that you respectfully
consider the following 3 requests:
A)Tree removal parameters must be cohesive with recommendations of industry best practices
supported by Ontario's cosmetic pesticides ban.The requirements of the ban,which took effect April
22,2009,are detailed in Ontario Regulation 63/09 and the Pesticides Act,which was amended by the
Cosmetic Pesticides Ban Act,2008.This also saw the Town of Aurora's Pesticide By-law 5033-08.P,
which also supported industry best practices,was made inoperative by Section 7.1 (5)of the Pesticides
Act.
In order for golf courses to maintain an exemption of Ontario Regulation 63/09 and the Pesticides Act,
they must demonstrate the use of best practices and be approved by a certified environmental auditor
as designated by the Canadian Environmental Certification Approvals Board (CECAB).The IPM Agent
(golf course representative)must demonstrate to the Auditor the methods he/she uses to implement
IPM.
Tree and branch removal are promoted as best practices to encourage sun exposure,while the clearing
of tree's and understory in some circumstances helps to increase air movement around turfgrass that is
prone to fungal infestation.These methods are supported by the Ontario Golf Superintendent
Association (OGSA),the Canadian Golf Superintendents Association (CGSA)and the Integrated Pest
Management Council of Canada and therefore are considered tools and best practices by CECAB
auditors and the IPM Accreditation program.
We request that if golf courses are required to meet the expectations set forth within an amended Tree
By-Law that provisions and exceptions are made for golf courses to continue to meet these high
standards set forth by industry and Provincial Government.
B)The Town of Aurora's Parks Division has two fully trained and experienced municipal Arborists.We
request that their approval of plans through an on-site visit be considered as part of this new bylaw.
Their trained and educated decisions would help ensure town standards are adhered to while also
accommodating the agronomic,cultural and environmental needs of the golf course.If council decides
that the golf course should be responsible for Arborist fee's we ask that you consider a five year
transition to ease the financial burden on golf courses and allow them to prepare budgets accordingly
C)Mandatory compensation plantings,referred to as "replacement trees"in By-law #4474-03.D,do not
meet the needs of all golf course models.They can have profound effects on the economic (business
model),social (playability)and ecological model of the golf course.Some estimate that Aurora's tree
coverage stands at about 17 percent;Aurora's golf courses are committed to contribute,not take away,
from this total coverage.
In a unified effort to increase the Town of Aurora's total tree coverage,we ask that compensation
plantings are allowed off-site along roadways,local watersheds,schools,neighborhoods and
businesses.We also ask that forest edge plantings can be at higher densities to preserve natural
transition of interior forest needs and accommodate for the ecological infrastructure that supports the
design of a golf hole.In all compensation circumstances golf courses would be required to cover the
costs of the replacement trees and the maintenance of the trees for a period of up to two (2)years.
In addition we ask for credit for the additional planting of trees that happens voluntarily by golf courses
all the time.This credit can be used towards future cutting for the above stated reasons.
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Something else to consider is the permit required to plant a tree,as so many trees are ill-suited to their
environment and planted with a limited future.If we are asking for permit for removal,then should
there not be a permit to plant?
We believe that the above provisions allow for our golf courses to remain competitive in the market
place and will also enable us to reach our sustainability goals.
We encourage council to make well informed decisions that take into consideration all the facts and
indeed the various implications that may ensue from those decisions.
We ask that you find a balance between the public’s desire for equality,and the courses ability to
practice sound environmental stewardship,fulfill their economic needs,and assure they continue to
provide green space within the township of Aurora.
Yours sincerely,
Ontario Golf Superintendents’Association
Doug Breen
President
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Attachment #4 to PR12-016
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TOWN OF AURORA
GENERAL COMMITTEE REPORT No.PR13-046
SUBJECT:Tree Protection By-Law
FROM:Allan D.Downey,Director of Parks and Recreation Services
DATE:October 1,2013
RECOMMENDATIONS
THAT Report No.PR13-046 be received;and
THAT Council repeal By-law Number 4474-03.D;and
THAT a new by-law to deal with matters relating to the injury and destruction of
trees located wholly on private property,being the proposed By-law Number
5551-13 (the “Private Tree Protection By-law”),be enacted;and
THAT the Private Tree Protection By-law shall come into full force and effect on
May 1,2014;and
THAT information concerning the Private Tree Protection By-law be published in
the local media,the Town of Aurora website,and in all municipal facilities for the
purpose of allowing the public and stakeholders an opportunity to familiarize
themselves with the new By-law.
PURPOSE OF THE REPORT
To provide Council with the Private Tree Protection By-law effective May 1st 2014.
BACKGROUND
At the February 19,2013 General Committee meeting,Council approved the revised
Private Tree Protection By-law (the “By-law”)subject to final review of the By-law by
staff and Council.
Pursuant to this Council directive both the Parks &Recreation Services Department and
the Legal Services Department staff have completed a final review of the By-law.Some
minor corrections and technical revisions were required;however,the content of the
more significant provisions to the By-law remain unchanged since the previous draft
was presented to Council on February 19,2013.
Attachment #4
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October 1,2013 -2 -Report No.PR13-046
As noted in previous reports dealing with this matter,this by-law revision has involved a
significant process involving a number of internal staff,stakeholders and our
Environmental Action Committee,all of whom have contributed to both the process and
content of the final proposed by-law.A summary of the most significant revisions in the
by-law are as follows:
PROPOSED REVISION CURRENT BY-LAW
Two (2)trees having a trunk diameter more
than 20 centimetres but less than 70
centimeters can be removed without a permit
within any 12-month period
Four (4)trees with a trunk diameter greater
than 20 centimeters can be removed without a
Permit
Golf courses allowed to remove ten (10)trees
having a trunk diameter more than 20
centimetres but less than 70 centimeters in
any 12-month period without a permit
Golf courses exempt from Tree Permit By-Law
Conservation Authority and School Boards
now required to abide by the By-law
Conservation Authorities and School Boards
exempt from Tree Permit By-law
Director of Parks &Recreation Services to
issue or deny Tree Removal Permits as an
administrative function (other than a Heritage
Tree)
Council approves or denies Tree Removal
Permits
Tree Removal Permit must be obtained prior
to removal of a single tree with a trunk
diameter greater than 70 centimeters
No regulations on removing any single tree
Tree Removal Permit must be obtained to
remove any tree classified as a Heritage Tree
(see definition in new By-law)and Council
approval (following a review by the Heritage
Advisory Committee)is required
No regulations on removing any single tree in
a heritage district (other than specific heritage
protection for a tree)
Minimum fines are established within the new
By-law
Currently no minimum fines included in the By-
law
COMMENTS
As noted in our previous reports,this more restrictive Tree Protection By-law is
expected to generate an increase in the level of administrative work for the Parks
Division with the issuance of permits and site inspections.
The By-law Enforcement Division will also be involved when an infraction has been
reported and an on-site investigation is deemed necessary.Currently,it is difficult to
predict the exact level of additional resources that will be required to meet the needs of
this more stringent by-law.Because of this,staff is recommending that no additional
resources be added to either the Parks Division or By-law Services at this time.Staff
suggests a watch-and-wait approach for a one-year period to properly gage and assess
the increase in the administrative work load prior to recommending retention of
additional resources.
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October 1,2013 -3 -Report No.PR13-046
Should it be determined that the administrative requirements associated with the
revised By-law are in fact insufficient,staff will report back to Council on all aspects of
the additional needs with the appropriate recommendations and alternatives.In our on-
going efforts keep our stakeholders and members of the public informed throughout the
Tree Protection By-law review process,staff have sent out formal notices to all of our
local golf establishments and other interested parties advising them of this staff report
and its addition to the October 1,2013 General Committee agenda.Additionally,a draft
of the proposed Tree Protection By-law has been placed on our website for public
review and notices have been running on the Town of Aurora’s Notice Board page in
the Aurora newspaper.
Summary of Technical Amendments to By-law
As part of the final review by Parks and Legal staff,a number of technical and clerical
revisions were undertaken to adhere to the Town’s general by-law formatting standards.
In addition,the structure and placement of some provisions was re-organized to provide
more clarity and to eliminate any vagueness and inconsistencies within the By-law.The
following is a summary of the technical and organizational changes that were made
from the previous version of the By-law that was presented to Council:
Section 1 –Definitions
A number of definitions were updated to provide more clarity.The following is a
summary of the more significant amendments:
Cultivated Orchard –added language to limit the definition of orchards to lands
that are predominantly used for the purpose of commercially harvesting the
produce of fruit and nut trees for sale.Definition was previously too broad.Also,
defined the orchard as the entire property as it could be difficult to meaningfully
distinguish different parts of a property for the purposes of enforcement.
Emergency Work and Hazard Trees –updated these definitions to differentiate
between the categories.There was overlap between the categories.
Emergencies are now matters related to imminent hazards that have to be
immediately remedied,whereas hazard trees would be ones that are a concern
but there is no imminent danger.
Golf Course –updated the definition to clarify that an entire golf course property
was part of the golf course.Previously,it was unclear what parts of the golf
course would actually fall into the definition.From an enforcement perspective,it
could be too difficult to meaningfully distinguish areas that are actually used in
the operation of a golf course and determine which provisions should apply to
different parts of a property.
Nursery Stock –added definition from Regional By-law for consistency.
Tree Farm –added some language to clarify that a farm is to have a commercial
purpose.Also,defined the farm as the entire property as it could be difficult to
meaningfully distinguish different parts of a property for the purposes of
enforcement.
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Woodlands –amended definition to mimic the Regional by-law.Regional by-law
will overwrite the Town’s by-law in case of conflict and inconsistencies could only
create confusion.
Woodlot –eliminated definition as it was not used in the Town’s by-law.
Section 2 –Application of By-law
Added a new provision to alert the reader at the outset that the Town’s By-law
only concerns trees that are wholly located on private property and to point out
the jurisdiction of the Region.This does not change the application of the by-law
from the previous version.
Section 3 –Exemptions
The exemptions provision,which was previously intermixed with a provision on
exceptions from the permit,was separated into its own section.
The separation allows the reader to clearly identify what matters are not
governed by the By-law before considering any permit requirements or
exceptions.This is more consistent with wording in the Municipal Act.
The wording of the exemptions was cleaned-up and made consistent with the
Municipal Act.
Section 4 –Permit Requirement
This provision was moved from section 2 and some language was cleaned up.
A list of exceptions from permit requirements was added that was previously
intermixed with exemptions from application of the by-law.
An exception was added for instances where a person is required to remove a
tree pursuant to an order of the Town.
The scope of the other exceptions was not changed.
Section 5 –Dead,Diseased and Hazard Trees
This provision was separated from Emergency Work and clarified to eliminate
overlap.The powers of the Director in relation to such cases and the process of
removing such trees were clarified.
The provision requires that a certificate from an Arborist or a report satisfactory to
the Director be submitted to confirm the state of the tree.
The clarification of the process and involvement of the Director in overseeing any
such removals was added to avoid potential of abuse of this provision.
Section 6 –Emergency Work
This provision was separated from Hazard Trees to eliminate overlap.
As in the previous version,one is permitted to do emergency work where there is
an imminent hazard and is required to submit a justification after the work in
completed.
The process and powers of the Director were clarified to avoid abuse of this
provision.
Section 7 –Administration
This was moved from section 4.
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The provision was reworded to clarity the delegation of authority to the Director
but its scope was not changed.
Director of Parks is given the power and responsibility to administer and enforce
the By-law and to designate such powers and responsibilities to others.
Also,it was clarified that by-law officers and the Director,who can delegate such
power to other staff,can enforce the By-law.
Section 8 –Permit Applications
Moved from section 6.
Some of the language was cleaned up but requirements for an application were
not changed.
Section 9 –Issuance of a Permit
Moved from section 7.
Cleaned up some of the language in this provision.
Eliminated the provision dealing specifically with Heritage Permits and changed
the approach to a one permit system.One would not be required to apply for a
special heritage permit,but would simply apply for a Tree permit,which will not
be issued by the Director without Council’s approval in the case of a heritage
tree.
It was also clarified that the Director is to provide a notification letter in case a
permit is denied,containing reasons for the refusal,which will allow the
opportunity to appeal to Council.
Reworded provisions dealing with subdivisions,consents,zoning and site plan
approvals to clarify that a permit would not be issued until such approvals are
granted by Council or it is otherwise directed by Council.
Section 10 –Appeals
Added an appeals provision to clarify the process in case of refusal of permit by
Director.Applicants may appeal to Council by submitting an appeal notice.
Section 11 -Severability
Moved from section 8.
Sections 12,13,14 –Enforcement,Offences and Penalties
These provisions were cleaned-up to clarify Town powers as set out under the
Municipal Act.Provisions dealing with similar matters from other parts of By-law
were moved into this section.
Sections 15,16,17
Amended some of the technical language in relation to repeal and the
effectiveness of new By-law.
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LINK TO STRATEGIC PLAN
The amended Tree Protection By-law supports the Strategic Plan goal of Supporting
Environmental Stewardship and Sustainability for all through its accomplishment in
satisfying requirements in the following key objectives within this goal statement:
Encouraging the stewardship of Aurora’s natural resources:Assess the merits of
measuring the Town’s natural capital assets.
ALTERNATIVE(S)TO THE RECOMMENDATIONS
1.Council could direct staff to make further revisions to the By-law prior to releasing
the By-law to the public.
2.Council could delay the acceptance of the draft by-law for an indefinite period of time
to provide for more public dialogue,input and revisions.
3.Further Options as required.
FINANCIAL IMPLICATIONS
There are a number of financial implications that may be realised with the passage of
this more restrictive by-law as follows:
Increased administration associated with issuing tree protection permits;
Increased administration associated with preparing reports and materials for
appeals to Council;
Increased site visits,meetings and monitoring for compliance with permits that
have been issued;
Increased time spent on communicating with and educating residents and
customers on the various aspects of the By-law.
As previously indicated,it is difficult to forecast with any certainty the definitive impacts
associated with administering the proposed By-law at the present time.Revised fees
proposed in the by-law will be subject to approval in the annual Fees and Charges By-
law.
CONCLUSIONS
That Council repeal By-law Number 4474-03.D,as amended,and enact a new Private
Tree Protection By-law in its place to deal with matters relating to injury and destruction
of trees located wholly on private property within the jurisdiction of the Town of Aurora
and that the amended Private Tree Protection By-law come into full force and effective
on May 1,2014.
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By-law Number 5551-13 Page 1
THE CORPORATION OF THE TOWN OF AURORA
By-law Number 5551-13
BEING A BY-LAW to prohibit
and/or regulate the Injury or
Destruction of Trees on Private
Property in the Town of Aurora.
WHEREAS subsection 135(1)of the Municipal Act,2001,S.O.2001,c.25 (the “Act”)
provides that a local municipality may prohibit or regulate the destruction or injuring of
trees;
AND WHEREAS trees provide real value in the ecological,social,economic and
communal fabric of the community;
AND WHEREAS trees are among the most important living organisms in their ability
to absorb air pollutants,expel life giving oxygen and provide a host of other
environmental goods and services;
AND WHEREAS subsection 135(7)of the Act provides that a municipality may in a
by-law require that a permit be obtained to injure or destroy trees and may impose
conditions to a permit,including conditions relating to the manner in which destruction
occurs and the qualifications of persons authorized to injure or destroy trees;
AND WHEREAS the Council of The Corporation of the Town of Aurora (the “Town”)
desires to repeal By-law Number 4474-03.D,as amended,and enact a new
replacement by-law to deal with matters relating to injury and destruction of trees
located wholly on private property within the jurisdiction of the Town;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
AURORA ENACTS AS FOLLOWS:
1.DEFINITIONS
1.(1)The following words as set out in this by-law shall have the following
meanings:
(a)“Act”means the Municipal Act,2001,S.O.2001,c.25,as amended;
(b)"Applicant"means the Owner or an authorized agent of the Owner who
submits an Application under the provisions of this by-law;
(c)"Application"means an application for a Permit on a form prescribed by
the Director;
(d)"Arborist"means an expert in the care and maintenance of trees,and
includes:
(i)an arborist qualified by the Ontario Ministry of Training,Colleges
and Universities;
(ii)a Forest Technician or Forestry Technologist with an applicable
college diploma and a minimum of two (2)years urban forestry
experience;
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(iii)a certified arborist qualified by the Certification Board of the
International Society of Arboriculture;
(iv)a consulting arborist registered with the American Society of
Consulting Arborists;
(v)a Registered Professional Forester designated pursuant to the
Professional Foresters Act,2000,S.O.2000,c.18,as amended;
or
(vi)such other person with other similar qualifications as approved
by the Director;
(e)"Arborist's Report"means a technical report prepared by an Arborist or
Registered Professional Forester which identifies the surveyed location,
species,size and condition of a tree,provides the reasons for any
proposed Injuring or Destruction of a tree,and describes tree protection
measures or other mitigating activities to be implemented;
(f)"Council"means the Council of The Corporation of the Town of Aurora;
(g)"Cultivated Orchard"means a property that is used for the dominant
purpose of growing and maintaining fruit or nut Trees for the
commercial harvesting and sale of their fruits or nuts;
(h)"DBH"means the diameter at breast height,which shall be the diameter
of the trunk of a Tree at a point of measurement 1.37 metres above the
ground.DBH of multi-trunk Trees shall be measured as prescribed by
the Director.W here a Tree has been cut down and the remaining stump
is less than 1.37 metres in height,the DBH shall be the extrapolated as
prescribed by the Director;
(i)"Destroy”and/or “Destruction"means to kill by cutting,burning,
uprooting,chemical application,or other means;
(j)"Director"means the Director of Parks &Recreation Services for the
Town or his/her designate;
(k)"Emergency W ork"means work necessary to terminate an immediate
threat to life or property and includes maintenance works arising from
natural events (e.g.ice storm,high winds,lightning,etc.)as well as
maintenance works associated with emergency drain repair,utility
repair and building repairs;
(l)“Golf Course”means a property that is used to commercially operate a
golf course in compliance with all applicable laws;
(m)"Hazard Tree"means a Tree that is a safety concern to property or life
but not an immediate threat;
(n)“Heritage Tree(s)”means any Tree,including but not limited to,pairs of
Trees,avenues or windrows of Trees,grove or arboreal remnants,or
one (1)or more Trees that form part of a cultural heritage landscape
that is on private property and is:
(i)located within a heritage conservation district as designated
under Part V of the OHA;
(ii)designated under,or located on a property designated under,
Part IV of the OHA;
(iii)designated by the Ontario Urban Forest Council;
(iv)listed on the Town’s Register of Properties of Cultural Heritage
Value or Interest;
(o)"Injure and/or Injury"means to damage or attempt to Destroy a Tree by:
(i)removing,cutting,girdling,or smothering of its roots;
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(ii)interfering with its water supply;
(iii)setting fire to it;
(iv)applying chemicals on,around,or near it;
(v)compacting or re-grading within the drip line of it;
(vi)causing damage by new development or construction related
activities that are not evaluated as part of an approval under the
Planning Act;
(vii)storing any materials within the drip line;or
(viii)any other means resulting from neglect,accident or design;
(p)"Local Board"means a municipal service board,public library board,
transportation commission,board of health,police services board,or
any other board,commission,committee,body or local authority
established or exercising any power under any legislation with respect
to the affairs or purposes of the Town,but does not include a school
board,a conservation authority,or a private cemetery corporation;
(q)“Municipal Law Enforcement Officer"means an individual appointed by
the Town by by-law pursuant to subsections 15(1)and 15(2)of the
Police Services Act,R.S.O.1990,c.P.15,as amended,for the
administration and enforcement of Town by-laws;
(r)“Nursery Stock”means coniferous or hardwood seedlings,transplants,
grafts,or trees propagated or grown in a nursery and with the roots
attached,and includes cuttings with or without the roots attached;
(s)“OHA”means the Ontario Heritage Act,R.S.O.1990,c.O.18,as
amended;
(t)"Owner"means the person having the right,title,interest or equity in the
land containing a subject Tree,or his or her agent authorized in writing;
(u)"Permit"means a permit to Injure or Destroy a Tree issued by the
Director;
(v)"Permit Application Fee"means the prescribed fee as set out in the
Town’s Fees and Charges By-law,as may be amended from time to
time;
(w)"Person"and/or “Persons”includes a corporation,a partnership,an
individual,a public utility and its heirs,executors,directors,or other
legal representatives of a person to whom the context can apply
according to law;
(x)“Planning Act”means the Planning Act,R.S.O.1990,c.P.13,as
amended;
(y)"Pruning"means the removal of branches from living Trees by cutting at
a point outside the branch collar (but does not include the removal of
more than one-quarter (¼)of a Tree's leaf-bearing crown),for the
purpose of thinning the crown of a Tree to increase light penetration
and air movement,providing clearance and eliminating interference with
utility lines,buildings,pedestrians or vehicles,or eliminating dead,
hazardous or diseased wood;
(z)"Registered Professional Forester"means a member of The
Ontario Professional Foresters Association entitled to use the
designation of "Registered Professional Forester"pursuant to
subsection 14(6)of the Professional Foresters Act,2000,S.O.2000,c.
18,as amended;
(aa)"Region"means The Regional Municipality of York;
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(bb)“Town”means The Corporation of the Town of Aurora;
(cc)"Tree"means any perennial woody plant,including its root system,
which has reached or can reach a height of at least four and a half (4.5)
meters at physiological maturity and having its trunk located wholly on
private property;
(dd)"Tree Farm"means a property on which Trees are grown and
maintained for the dominant purpose of commercial sale;
(ee)"Tree Inventory and Preservation Plan"means a plan required by the
Town as a condition of development or re-development approval
pursuant to sections 41,51,or 53 of the Planning Act,which plan
determines,among other things,the Trees to be:(i)preserved through
an assessment process identifying Trees,shrubs and other specific
areas of natural habitat and their ecological function or importance;(ii)
the impacts of any proposed development on the Trees,shrubs,and
other specific areas of natural habitat and their ecological function or
importance;(iii)mitigation measures and measures to protect and
manage Trees to be preserved (not limited to protective barriers and/or
hoarding);and (iv)proper practices to remove Trees to be destroyed;
(ff)"Woodlands"means land at least one (1)hectare in area and with at
least:
(i)1000 trees,of any size,per hectare;
(ii)750 trees,measuring over five (5)centimeters DBH,per hectare;
(iii)500 trees,measuring over twelve (12)centimeters DBH,per
hectare;or
(iv)250 trees,measuring over twenty (20)centimeters DBH,per
hectare;
but does not include a cultivated fruit or nut orchard or a plantation
established for the purpose of producing Christmas trees or Nursery
Stock;
(gg)"York Region Forest Conservation By-law"means by-law No.TR-0004-
2005-036,as amended,or successor thereto,as enacted by the
Region.
2.APPLICATION OF THE BY-LAW
2.(1)Except as otherwise provided in this by-law,the provisions of this by-law shall
apply to any Tree whose trunk is located wholly on private property.
2.(2)Despite subsection (1),the Region shall have jurisdiction over the issuance of
any type of permit allowing the Injury or Destruction of Trees on Woodlands.
3.EXEMPTIONS FROM THE BY-LAW
3.(1)The provisions of this by-law do not apply to:
(a)activities or matters within Woodlands that are governed by the York
Region Forest Conservation By-law;
(b)activities or matters within a building or structure,a solarium,rooftop
garden,or an interior courtyard having a soil depth of less than one and
a half (1.5)metres above a built substructure;
(c)activities or matters undertaken by the Town or a Local Board;
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(d)activities or matters undertaken under a license issued under the Crown
Forest Sustainability Act,1994,S.O.1994,c.25,as amended,or
successor thereto;
(e)Trees having its trunk located wholly or partially on municipal lands;
(f)the Injuring or Destruction of Trees within a Tree Farm that are being
actively managed and harvested for the purpose for which the Trees
were planted;
(g)the Injuring or Destruction of Trees within a Cultivated Orchard;
(h)the Injuring or Destruction of Trees by a person licensed under the
Surveyors Act,R.S.O.1990,c.S.29,as amended,or successor
thereto,to engage in the practice of cadastral surveying or his or her
agent,while making a survey;
(i)the Injuring or Destruction of Trees imposed after December 31,2002,
as a condition to the approval of an site plan,plan of subdivision or a
consent under section 41,51 or 53,respectively,of the Planning Act,or
as a requirement of a development agreement,including a site plan
agreement and a subdivision agreement,entered into under those
sections (including the Injury or Destruction of a Tree in compliance with
a Tree Inventory and Preservation Plan);
(j)the Injuring or Destructing 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;
(k)the Injuring or Destruction of Trees by a transmitter or distributor,as
those terms are defined in section 2 of the Electricity Act,1998,S.O.
1998,c.15,Sched.A,as amended,or successor thereto,for the
purpose of constructing and maintaining a transmission system or a
distribution system,as those terms are defined in that section;
(l)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,R.S.O.1990,c.A.8,as
amended,or successor thereto;
(m)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 predecessor legislation;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.PERMIT REQUIREMENT
4.(1)Unless otherwise exempted under this by-law,no person shall permit or cause
the Injury or Destruction of:
(a)more than two (2)Trees on any one (1)property within any twelve (12)
month period having a trunk DBH of more than twenty (20)centimetres
DBH and less than seventy (70)centimeters;
(b)any Tree having a trunk DBH greater than seventy (70)centimeters;or
(c)any Heritage Tree;
without first obtaining a Permit pursuant to this by-law.
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4.(2)Where a Permit has been issued under this by-law,no person shall permit or
cause the Injury or Destruction of any Tree unless it is done in accordance
with the conditions of the Permit and any other supporting documentation
relevant to the issuance of the Permit.
4.(3)Despite subsection (1),a Permit is not required:
(a)to Injure,Destroy or remove any Tree,or a part of a Tree,as a
necessary part of Emergency Work pursuant to section 6;
(b)to perform Pruning;
(c)where the Injury or Destruction of a Tree is specifically required in an
order made under this by-law,the Act or the Town’s Property Standards
By-law;
(d)for the removal of not more than ten (10)Trees within any twelve (12)
month period located on a Golf Course and having a trunk diameter of
more than twenty (20)centimetres DBH and less than seventy (70)
centimeters DBH.
5.DEAD,DISEASED AND HAZARD TREES
5.(1)Where a person wishes to Injure,Destroy or remove any dead,diseased or
Hazard Tree,or any portion of such a Tree,such a person shall provide to the
Town an Arborist certificate,or a report satisfactory to the Director,confirming
that any such Tree is dead,diseased or a Hazard Tree along with an
application required pursuant to section 8.
5.(2)Notwithstanding subsection 8(1),an Application fee is not required to be
submitted in relation to an Application relating to a dead,diseased or Hazard
Tree.However,should the Director deem a certificate or report provided under
subsection (1)to be incomplete,insufficient or deficient in any way,the
Director shall not issue a Permit until a satisfactory certificate or report is
provided or a new Application is submitted to the Town that satisfies all the
requirements of this by-law,including the fee requirement.
5.(3)No Injury,Destruction or removal activity shall be taken by any person beyond
what is contemplated in any applicable certificate or report provided under
subsection (1).
6.EMERGENCY WORK
6.(1)Injury,Destruction and removal of any Tree may be conducted without a
Permit provided that any such Injury,Destruction or removal was necessary
and a part of Emergency Work.
6.(2)Following any Emergency Work,the Owner of the property on which Tree(s),
for which a Permit would have otherwise been required,affected by any such
Emergency Work are located shall,within seventy-two (72)hours of
completing or abandoning such Emergency Work,submit evidence
satisfactory to the Director that any Injury,Destruction or removal of a Tree
was required as part of the Emergency Work.
6.(3)The Director has the authority to deem any Injury,Destruction or removal of a
Tree,or of any portion of a Tree,done pursuant to subsection (1),to not have
been necessary and/or not in the category of Emergency Work based on the
materials provided under subsection (2)and any other information deemed
relevant by the Director,in which case,the Director may require that a
retroactive Permit application be made and/or pursue any enforcement steps
permitted under this by-law.
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7.ADMINISTRATION
Administration Authority Delegated to the Director
7.(1)The Director is hereby delegated the authority and responsibility for the
administration of this by-law,including the authority to receive Applications,
certificates from Arborists,and any associated fees,to issue,to revoke and to
refuse to issue Permits and also to impose conditions on any Permits in
accordance with this by-law.
7.(2)The Director is authorized to delegate responsibilities for the administration
and enforcement of this by-law to any Town staff or external third parties
deemed to be qualified and appropriate by the Director for such purposes.
Enforcement
7.(3)The Director and Municipal Law Enforcement Officers of the Town are hereby
delegated the authority to enforce this by-law,including the authority to
conduct inspections of Tree(s)pursuant to the exercise of their authority under
this by-law and any other enacted Town by-law or legislation.
Fees
7.(4)All fees and charges pursuant to this by-law may be set by the Town’s Council
from time to time and shall be set out in the Town’s Fees and Charges By-law.
8.PERMIT APPLICATIONS
Permit Application Requirements
8.(1)Where an Applicant applies for a Permit for the Injury or Destruction of a
Tree(s),he/she shall submit the following to the Director:
(a)an Application form completed to the satisfaction of the Director;
(b)the name,address and telephone number of the Owner;
(c)Application fee;
(d)description of the purpose for which the Permit is required;
(e)an Arborist's Report,if deemed to be required by the Director;
(f)where the trunk of a Tree straddles a property line,the written consent
to the Permit issuance from the property owner(s)on whose property
the affected Tree is partially located;and
(g)where the Applicant is not the Owner,the written authorization of the
Owner consenting to the Application;
(h)any other information deemed necessary by the Director.
Director’s Authority to Refund and Waive Fees
8.(2)Notwithstanding 8(1)(c),should the Director determine that a Permit is not
required for an activity,matter or Tree subject to an Application or that such
activity,matter or Tree is exempt from this by-law,any application fee
submitted as part of such an Application shall be refunded to the Applicant,
unless it is determined by the Director,at his/her discretion,that Town staff
had expended considerable time and resources to process such Application
due to an error on the part of the Applicant.
8.(3)Notwithstanding 8(1)(c),the Director is authorized to reduce or waive the
Application fee if deemed appropriate,at his/her discretion.
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False or Misleading Information
8.(4)No person shall submit false or misleading information in support of an
Application.Together with any other penalties or fines that may be otherwise
imposed,if such false or misleading information is found to have been
submitted in support of an Application,the Director will have the authority to
refuse any such Application under consideration by the Town and to revoke
any Permit issued by the Town on the basis of any such false or misleading
information.
9.ISSUANCE OF A PERMIT
Permit Approval Process
9.(1)Upon receipt of an Application,the Director shall:
(a)Make a decision as to whether or not a Permit will be issued and
whether any conditions will be imposed on such a Permit considering
the following:
(i)the species of the Tree;
(ii)the condition of the Tree;
(iii)the location of the Tree;
(iv)the protection of ecological systems and their functions,including
the protection of native flora and fauna;
(v)erosion,sedimentation of watercourses,and flood control;
(vi)impacts to surrounding properties,including loss of shade,
vistas or privacy;
(vii)any public comments received;
(viii)comments received from such persons,staff and agencies as
deemed necessary,in the Director’s opinion,for the proper
review of the Application;
(ix)whether or not a Tree is a Heritage Tree;
(x)any conflicts with existing agreements or plans of the Town;and
(xi)any other information that the Director deems to be relevant to
the Application.
(b)If a Tree subject to an Application is found by the Director to be a
Heritage Tree,the Director shall not issue a Permit unless the Injury,
Destruction or removal is approved by Council following a review by the
Town’s Heritage Advisory Committee.
(c)If the Director determines that a Permit will not be issued pursuant to an
Application,the Director shall notify the Application of the decision in
writing and provide reasons for the refusal.
Signage
9.(2)Upon receipt of an Application,the Director may Post an informational sign,as
established by the Director,relating to the Application in a conspicuous place
at or near the property on which the Tree subject to the Application is located
and leave such sign in place for a period determined by the Director.
9.(3)No person shall temper with or remove any sign posted pursuant to subsection
(2),unless following an Application,a Permit is issued and work pursuant to
such Permit is completed,a Permit is issued and expires or it is otherwise
directed by the Director.
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Permit Not Issued
9.(4)A Permit shall not be approved or issued where:
(a)a Tree to be Injured or Destroyed is an endangered species as defined
in the Endangered Species Act,2007,S.O.2007,c.6,as amended,or
the Species at Risk Act,S.C.2002,c.29,as amended;
(b)approval would be in contravention of the Migratory Birds Convention
Act,1994,S.C.1994,c.22,as amended;
(c)issuance of a Permit is under the jurisdiction of the Region and/or
addressed under the York Region Forest Conservation By-law;or
(d)approval is inconsistent with an approved Tree Inventory and
Preservation Plan.
Subdivision Not Yet Draft Approved
9.(5)Where an Application is made with respect to a Tree that is located on land
that is subject to an application for a subdivision approval or a consent that
has not received a draft approval or a provisional consent,the Director shall
not issue a Permit until such approval or consent is obtained or Application
otherwise approved by Council.
Planning Application Not Approved
9.(6)Where an Application is made with respect to a Tree that is located on land
that is subject to a re-zoning application,an application for site plan approval,
or an application to amend the official plan that has not received final approval,
the Director shall not issue a Permit until such approval or consent is obtained
or Application otherwise approved by Council.
Permit Approved Subject to Conditions
9.(7)The issuance of a Permit may be subject to conditions imposed by the Director
or Council,as the case may be,which may include any or all of the following
requirements:
(a)submission of a Vegetation Management Plan (“VMP”),satisfactory of
the Director,prepared by a certified Landscape Architect and,if
required by the Director or Council,an Arborist and the VMP may
include,but not be limited to,the following:
(i)a vegetation inventory and assessment,including species size
and condition,identifying all vegetation greater than 80mm DBH
for individual Tree assessments,the perimeter at canopy of
woodlands,groups or stands of vegetation,and trees and
vegetation on adjacent properties that may be impacted;
(ii)identification of all vegetation removals and protection measures
for vegetation designated to be preserved,including an impact
assessment to support vegetation removals and/or preservation
measures;
(iii)provision of compliance monitoring and protection/mitigation
specifications including all arboricultural requirements for Trees
designated to be preserved during construction;
(iv)provision of post-construction performance monitoring and
rehabilitation specifications;
(v)an estimate of the monetary replacement value of the Tree(s)as
set out in the International Society of Arboriculture (“ISA”)Guide
for Plant Appraisal or approved equivalent completed by an
Arborist and financial compensation,paid to the Town based on
the aforementioned ISA appraisal process for Tree(s)/vegetation
lost or destroyed;and
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(vi)provision for replacement plantings at another suitable location
on the property including provision of cash securities in an
amount equal to one-hundred and twenty percent (120%)of the
cost of replanting and maintaining the Trees for a period of two
(2)years or where restoration planting is not physically possible
on the site for which the Permit is being issued,provision of a
cash payment to the Town to be placed in the Town’s Tree
Planting reserves for future Tree planting by the Town in an
alternative location in the Town of Aurora;
(b)the submission of a written undertaking and release to ensure that
replacement plantings are carried out and maintained in accordance
with landscaping and restoration plans approved by the Director;and/or
(c)undertaking that the tree cutting work only occur under the supervision
of an Arborist.
Permit Expiry Date
9.(8)The Director shall include an expiration date on any Permit being issued by
Town,which shall not exceed one (1)year from the date of issuance,upon
taking into account the work to be completed under the Permit and any third
party or Town activities or interests that might be affected by the work.No
Injury or Destruction activity is permitted pursuant to any Permit after the
expiration date.
10.APPEALS
10.(1)Where the Director refuses to issue a permit,an Applicant may,within five (5)
business days of the date of receipt of a written refusal,appeal the decision of
the Director to the Council,or such other tribunal or committee designated by
Council,by submitting a written request to the Town Clerk.
11.SEVERABILITY
11.(1)If a court of competent jurisdiction declares any provision,or any part of a
provision,of this by-law to be invalid or to be of no force and effect,it is the
intention of the Town in enacting this by-law that such provision or part of a
provision shall be severable,and such a decision shall not affect the validity of
the remaining sections,subsections,clauses or phrases of this by-law.
12.ENFORCEMENT
Power of Entry –Inspection
12.(1)The Director and/or a Municipal Law Enforcement Officer may,at any
reasonable time,enter on any land for the purpose of carrying out an
inspection to determine whether or not the following are being complied with:
(a)this by-law;
(b)direction or order made pursuant to this by-law or the Act;
(c)condition of a Permit issued under this by-law;or
(d)an order made under section 431 of the Act.
12.(2)For the purposes of an inspection under subsection (1),the person conducting
the inspection may:
(a)require the production for inspection of documents or things relevant to
the inspection;
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(b)inspect and remove documents or things relevant to the inspection for
the purpose of making copies or extracts;
(c)require information from any person concerning a matter related to the
inspection;and
(d)alone or in conjunction with a person possessing special or expert
knowledge,make examinations or take tests,samples or photographs
necessary for the purposes of the inspection.
12.(3)The Director and/or a Municipal Law Enforcement Officer may undertake an
inspection pursuant to an order issued under section 438 of the Act.
12.(4)Submission of an Application is deemed to be a consent of the Owner for
persons designated as an inspector by the Canadian Food Inspection Agency,
pursuant to the Plant Protection Act,S.C.1990,c.22,as amended,or
successor thereto,to inspect the lands subject to the Application for the
presence of pests (as defined in the said legislation)and to take any and all
action deemed appropriate by such an inspector,including the removal of any
Tree(s)on such private property of the Owner,in accordance with the said
legislation.
Contravention Orders
12.(5)Where the Director or any Municipal Law Enforcement Officer is satisfied that
a contravention of this by-law or a Permit has occurred,such Director or
Municipal Law Enforcement Officer may make an order requiring that the
person who caused or permitted such contravention or the Owner or occupier
of the land on which the contravention occurred to discontinue the
contravening activity and/or to do work to correct the contravention.
12.(6)An order pursuant to subsection (5)shall set out the following:
(a)the municipal address and/or the legal description of the land or
property on which the contravention occurred;
(b)reasonable particulars of the contravention;
(c)what is required of the person subject to the order (i.e.,what activity is
to be seized and/or actions or work to be done);
(d)the date by which there must be compliance with the order and/or,if
any work is ordered,the date by which any such work must be done;
(e)if any work is required to be done,a statement that if such work is not
done in compliance with the order and within a specified time period,
the Town will have the work done at the expense of the person directed
or required to do it;and
(f)information regarding the Town's contact person.
12.(7)An order issued pursuant subsection (5)may be served:
(a)personally on the person that is subject to the order;or
(b)by sending it by prepaid registered mail to the last known address of the
Owner or occupier of the land on which the contravention occurred or,if
the person subject to the order is not the Owner or occupier,to the last
known address of such person subject to the order.
12.(8)Where service of an order is made by registered mail,the service shall be
deemed to have been made on the fifth (5th)day after the day of mailing.
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By-law Number 5551-13 Page 12
12.(9)In the event that service of an order cannot be effected under subsection (7),
the Director or a Municipal Law Enforcement Officer may place a placard
containing the terms of the order in a conspicuous place on the property
subject to the order and the placing of the placard shall be deemed sufficient
service of the order on the Owner and/or occupier of such subject property.
12.(10)Wherever this by-law or an order issued under this by-law directs or requires
any matter or thing to be done by any person within a specified time period,in
default of it being done by the person directed or required to do it,the action
may be taken under the direction of Director or a Municipal Law Enforcement
Officer at that person’s expense and the Town may recover the costs incurred
through a legal action or by recovering the costs in the same manner as taxes.
12.(11)For the purposes of taking remedial action under subsection (10),the Town,its
staff and/or its agents may enter,at any reasonable time,upon any lands on
which a default to carry out a required thing or matter occurred.
13.OFFENCES
13.(1)Any person who contravenes any provision of this by-law or an order issued
pursuant to this by-law or the Act,or fails to comply with an order issued
pursuant to this by-law or the Act,is guilty of an offence.
13.(2)Pursuant to paragraph (a)of subsection 429(2)of the Act,all contraventions of
this by-law or of orders issued under this by-law are designated as multiple
offences and continuing offences.A multiple offence is an offence in respect of
two (2)or more acts or omissions each of which separately constitutes an
offence and is a contravention of the same provision of this by-law.For greater
certainty,when multiple Trees are Injured or Destroyed,the Injury or
Destruction of each Tree is a separate offence.
14.PENALTIES
14.(1)Upon conviction of an offence under this by-law a person is liable to a fine as
follows:
(a)a minimum fine for any offence under this by-law is five-hundred dollars
($500.00)and the maximum fine is one-hundred-thousand dollars
($100,000).
(b)in the case of a continuing offence,for each day or part of a day that the
offence continues,the minimum fine shall be five-hundred dollars
($500.00)and the maximum fine shall be ten-thousand dollars
($10,000.00).Despite paragraph (a),the total of all the daily fines for an
offence is not limited to one-hundred-thousand dollars ($100,000).
(c)in the case of a multiple offence,for each offence included in the
multiple offence,the minimum fine shall be five-hundred dollars
($500.00)and the maximum fine shall be ten-thousand dollars
($10,000.00).Despite paragraph (a),the total of all fines for each
included offence is not limited to one-hundred-thousand dollars
($100,000).
14.(2)In addition to fine under subsection (1),a person convicted of an offence
under this by-law may be liable to a special fine in the amount of the economic
advantage or gain that such a person obtained from the contravention of this
by-law.
15.REPEAL
15.(1)By-law Number 4474-03.D,as amended,is hereby repealed on the day of this
by-law coming into full force and effect.
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By-law Number 5551-13 Page 13
16.SHORT TITLE
16.(1)This by-law shall be known and may be cited as the “Private Tree Protection
By-law”.
17.EFFECTIVE DATE
17.(1)This by-law comes into full force and effect on May 1,2014.
READ A FIRST AND SECOND TIME THIS 8th DAY OF OCTOBER,2013.
READ A THIRD TIME AND FINALLY PASSED THIS 8th DAY OF OCTOBER,2013.
_____________________________
GEOFFREY DAWE,MAYOR
_____________________________
JOHN D.LEACH,TOWN CLERK
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THE CORPORATION OF THE TOWN OF AURORA
By-law Number 4474-03.D
BEING A BY-LAW to
Authorize the Injury or
Destruction of Trees
(Tree Permit By-law)
WHEREAS the Council of The Corporation of the Town of Aurora recognizes the
ecological and aesthetic value of trees and is desirous of managing the injury and
destruction of trees;
AND WHEREAS Section 135 (7)of the Municipal Act,2001,R.S.O.2001,c.25
provides that a by-law passed may require a permit be obtained to injure or destroy
trees and to impose conditions to a permit,including conditions relating to the
manner in which destruction occurs and the qualifications of persons authorized to
injure or destroys trees;
AND WHEREAS section 135(1)of the Municipal Act,2001 authorizes a local
municipality to prohibit or regulate the injuring or destruction of trees;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
AURORA ENACTS AS FOLLOWS:
DEFINITIONS
1.In this By-law,
“application”means a tree permit application form provided by the Town;
“arborist”means a person with a diploma or degree involving arboriculture
from an accredited college or university,a Registered Professional Forester,
an accredited Certified Arborist under the International Society of Arboriculture
or with a demonstrated history of tree preservation experience;
“arborist report”means a report prepared by an arborist which provides details
on the species,size and health of a tree to be destroyed,injured or removed;
“base diameter”means the measurement of the diameter of the trunk of a tree
from outside the bark at the existing grade of the ground adjoining its base or
where there are multiple stems on a tree,means the total of the diameters of
the three (3)largest stems measured at existing grade;
“Clerk”means the Clerk of The Corporation of the Town of Aurora or his duly
appointed designate;
“Council”means the Council of The Corporation of the Town of Aurora;
“dead”means a tree that has no living tissue;
“dying”means a tree that is infected by a lethal pathogen or where 70%or
more of its crown is dead;
“emergency work”means the work necessary to terminate an immediate
threat to life or property;
Attachment #5
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By-law 4474-03.D Page 2
“golf course”means an area of land laid out and operated as a golf course and
includes putting greens and driving ranges;
“hazard”means a tree that is a potential hazard to property or life but not an
immediate threat;
“injure or destroy a tree”means the injury or destruction of a tree by removal,
cutting,girdling of the tree or roots,interfering with the water supply,
application of chemicals,compaction and regrading within the drip line of the
tree,or by other means including irreversible injury which may result from
neglect,accident or design but does not include pruning;
“lands”means a lot only and does not include a building;
“lot”means a parcel of land having specific boundaries which is capable of
legal transfer;
“Manager”means the Park Manager of the Leisure Services Department for
the Town or his/her designate;
“nursery”is a lot on which the principal business of selling plants,shrubs and
trees occurs;
“owner”means the registered owner of a lot,his respective successors and
assigns or his authorized agent;
“officer”means a person authorized to perform inspections pursuant to this By-
law;
“permit”means a permit required by this By-law to injure or destroy a tree on
private property within the Town .
“person”means an individual,his heirs,executors and administrators and his
respective successors and assignees and includes a corporation and its
directors and officers;
“pruning”means the appropriate removal in accordance with good
arboricultural practices of not more than one-third of the live branches or limbs
of a tree or more than one third of the live branches or limbs on a tree as part
of a consistent annual pruning program;
“Town”means The Corporation of the Town of Aurora;
“tree”means a self-supporting woody plant which has reached or will reach a
height of at least 4.5 m at maturity;
“tree diameter”means the measurement of the diameter of the trunk of a tree
from outside the bark 1.4 m above existing grade of the ground adjoining its
base or where there are multiple stems on a tree,means the total of the
diameters of the three (3)largest stems measured approximately 140 cm
above existing grade;
SCOPE
2.This By-law shall apply to all private property in the Town.
PERMIT REQUIREMENTS AND EXCEPTIONS
3.(1)No person shall injure or destroy five (5)or more trees each with either
a tree diameter greater than 20 cm or a base diameter greater than 40
cm on a lot within any one year period without first obtaining a permit
pursuant to this By-law.
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By-law 4474-03.D Page 3
(2)Despite subsection (1),a permit is not required:
(a)for emergency work;
(b)for the pruning of a tree;
(c)for the removal of dead branches;
(d)to injure or destroy trees located on rooftop gardens,interior
courtyards,or solariums;or
(e)to injure or destroy trees on a nursery or golf course.
FILING FOR A PERMIT
4.An Owner who applies for a permit shall submit to the Manager the following:
(1)a completed application;
(2)a plan or drawing of the lot to the satisfaction of the Manager illustrating
which trees are to be injured or destroyed;
(3)payment of the required fees prescribed by the Fees and Services By-
law;
(4)an arborist report,if required by the Manager;
(5)where the base of a tree straddles a property line the written consent to
the permit issuance from the affected adjacent property owner;and
(6)where the person is not the owner the written authorization of the owner
consenting to the application.
REVIEW OF A PERMIT APPLICATION
5.(1)The Manager shall review all completed applications based on the
following criteria:
(a)the trees are dead or dying;
(b)the trees are a hazard;
(c)the tree location conflicts with any of the following:
(i)proposed building permit plans that comply with the
zoning of the land;
(ii)a proposed pool enclosure;or
(iii)the expansion of parking areas that complies with the
zoning of the land;
(d)there will be no negative impact on flood or erosion control,or
slope stability;or
(e)the lot is designated under the Heritage Act R.S.O.1990,c.0.18,
as amended,and the Town of Aurora’s Heritage Advisory
Committee has approved the injury or destruction of the tree.
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By-law 4474-03.D Page 4
CONDITIONS OF THE ISSUANCE OF A TREE PERMIT
6.Town Council may issue a permit and impose conditions.
COUNCIL’S CONSIDERATION OF AN APPLICATION
7.Where the Manager receives an application for a permit,the Manager shall
prepare a report forthwith to be heard by Council.
8.The Owner may appear before Council to make representation regarding the
application by notifying the Clerk.
9.The Owner shall post on the property where the trees that are the subject of
the application are located a sign supplied by the Town advising of the date of
the Council meeting in which the application for a permit will be considered,
the intent of the permit and the name of the Town official to contact for further
information.The sign shall be posted on the property in a location visible
from the street edge for minimum period of two weeks before the Council
meeting.
REVOCATION OF PERMIT
10.Council may revoke a permit issued pursuant to this By-law if it was issued
because of mistaken,false or incorrect information received from the owner.
APPEAL TO THE ONTARIO MUNICIPAL BOARD
11.An Owner may appeal to the Ontario Municipal Board under the following
circumstances:
(a)If the municipality refuses to issue a permit,within 30 days after the
refusal;
(b)If the municipality fails to a make a decision on the application,within
45 days after the application is received by the clerk or
(c)If the Owner objects to a condition in the permit,within 30 days after the
issuance of the permit.
PERMIT APPROVALS
12.The approval of a permit shall be valid for only one (1)year from the date of
issuance.
POSTING OF PERMIT
13.The approved tree permit shall be posted on the lot from which the trees are to
be injured or destroyed in a location visible from the street edge for the period
during which the trees are being injured or destroyed.
INSPECTION
14.The Council may from time to time designate officers to carry out the
administrative functions of this By-law including the enforcement thereof.
15.An officer may at any reasonable time enter and inspect any lands to which
this By-law applies to determine whether the By-law,an order or a condition to
a permit is being complied with.
16.An officer,in carrying out an inspection,can be accompanied by assisting
personnel.
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17.Where an officer is satisfied that a contravention of this By-law has occurred,
the officer may make an order requiring the person who contravened the by-
law or who caused or permitted the injuring or destruction of trees in
contravention of the by-law to stop the injuring or destruction of trees.
18.A order issued pursuant to section 17 shall set out the municipal address or
legal description of the land,reasonable particulars of the contravention and
the period within which there must be compliance with the order.
19.A person shall comply forthwith with an order as issued by the officer.
EXEMPTIONS
20.A By-law passed under this section does not apply to,
(a)any activities or matters undertaken by the Town,the Region,the
School Boards for the development of a school or any other
government authority,conservation authority or utility corporation;
(b)activities or matters undertaken under a license 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 construction and maintaining a transmission system or
distribution system,as those terms are defined in that section;
(g)the injuring or destruction of trees undertaken on land described in a
license for a pit or quarry or a permit for a wayside pit or wayside quarry
issued under the Aggregate Resources Act;
(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.
OFFENCES
21.(1)Any person who contravenes any provision of this By-law is guilty of an
offence is liable:
(a)on a first conviction,to a fine of not more than $10,000 or $1,000
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per tree,whichever is greater;and
(b)on any subsequent conviction,to a fine of not more than $20,000
or $2,500 per tree whichever is greater.
(2)Any a corporation that contravenes any provision of this By-law and is
guilty of an offence is liable:
(a)on a first conviction,to a fine of not more than $50,000 or $5000
per tree,whichever is greater;and
(b)on a subsequent conviction,to a fine of not more than $100,000
or $10,000 per tree whichever is greater.
SHORT TITLE
22.This By-law may be referred to as the “Tree Permit By-law”.
READ A FIRST,SECOND AND THIRD TIME AND ENACTED THIS 28TH DAY OF
OCTOBER,2003.
T.JONES,MAYOR B.PANIZZA,TOWN CLERK
Deleted:¶
(This section is not necessary).¶
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TOWN OF AURORA
GENERAL COMMITTEE REPORT No.PR15-035
SUBJECT:Tree Removal/Pruning and Compensation Policy
FROM:Allan D.Downey,Director of Parks and Recreation Services
DATE:November 3,2015
RECOMMENDATIONS
THAT Report No.PR15-035 be received;and
THAT Report No.PR15-035 and the following recommendation be deferred to the
General Committee meeting of November 17,2015,for consideration:
THAT the draft Tree Removal/Pruning and Compensation Policy attached to
Report No.PR15-035 be approved;and
THAT the draft Tree Removal/Pruning and Compensation Policy be
applicable to all planning applications that are currently under review by
the Town,provided the applicants have been duly notified of this draft
Policy and are currently complying with the said draft Policy;and
THAT the Tree Removal/Pruning and Compensation Policy come into full
force for all new requests or applications received by the Town as of
December 1,2015.
PURPOSE OF THE REPORT
To provide background information and rational on the need for Policy on compensation
for the loss of trees associated with land development and construction related activities
in the Town of Aurora and to obtain Councils approval of the Tree Removal/Pruning and
Compensation Policy.
BACKGROUND
Council will recall the previous staff report PR14–035 concerning the Aurora Urban
Forest Modeling Study (UFORE)wherein there were a series of recommendations that
the Town should consider in moving forward to both protect and enhance the forest
canopy in the Town of Aurora.We have inserted these recommendations as follows:
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November 3,2015 -2 -Report No.PR15-035
Key Recommendations in the Study
The following recommendations are contained within the study and as outlined in the
recommendations of this report staff suggest that each of the recommendations be
reviewed in detail and that a further report be submitted to the incoming Council in 2015
for consideration and approval:
Refine the results of the urban tree canopy (UTC)analysis to Develop an urban
forest cover target;
Build on the results of the urban tree canopy analysis (UTC)to prioritize tree
planting and establishment efforts to improve the distribution of ecosystem
services;
Establish a diverse tree population by meeting the following targets:
o No species represents more than 5%of population
o No genus represents more than 10%of population
o No family represents more than 20%of population
Reduce energy consumption and associated carbon emissions by providing
direction,assistance and incentives to residents and businesses for strategic tree
planting and establishment around buildings;
Monitor the distribution,structure and function of the urban forest for the purpose of
facilitating adaptive management:
o 5-year interval:land cover analysis (UTC)
o 10-year interval:field surveys (i-Tree Eco)
Develop and implement a comprehensive urban forest Management plan.
Following the presentation and adoption of the UFORE Study and recommendations,staff
began working on the recommendation contained in the Study,which is to develop and
implement a comprehensive Urban Forest Management Plan.
Staff has been working to produce this in-house project which is now nearing its final
draft.The Urban Forest Management Plan is comprised of a multitude of existing
policies,procedures,former practices and forestry related studies that have been
completed over the years.
This entire package has been refined,organized and condensed into an overall Urban
Forest Management Plan which will be presented to Council by the Manager of Parks in
the near future.
COMMENTS
The Urban Forest Management Plan is a policy based document which covers all
aspects of urban forestry and arboriculture operations in the Town of Aurora Parks and
Recreation Department and to a large extent ties together and defines all current and
past practises and procedures that have governed the management of our Urban Forest
both on public and privately owned lands.
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November 3,2015 -3 -Report No.PR15-035
In an effort to expedite an important part of the Urban Forest Policy staff have decided
to bring the Tree Removal/Pruning and Compensation Policy separately to Council for
approval as it is perhaps the most significant of the individual policies that may have an
associated financial impact to those land owners and individuals who wish to pursue the
removal of substantive numbers of living trees from their lands.
The UFORE Study recognized the Town of Aurora as having the highest canopy cover
out of all of the GTA municipalities to have taken part in the study but this canopy
cannot be maintained or sustained without the necessary tools and policy to prevent the
incremental loss of large mature trees through the land development process.
Section 7 of the attached Tree Removal/Pruning &Compensation Policy outlines the
details associated with compensation for the loss of trees in all scenarios;however,to
summarize,compensation is simply a formula based process that requires an
appropriate number of replacement trees of a certain size that correlate to the trunk size
of a tree to be removed.
There are further provisions for cash payments to the Municipality in situations where it
is not possible,due to space limitations,to re-plant sufficient quantities of trees on the
subject site.These funds will then be applied to replacement tree planting projects in
alternative locations within the Town where deemed appropriate by the Town.
By implementing this policy,Council will have taken a significant step in both protecting
the urban canopy and sustaining the canopy for future generations.Without tree
protection and compensation policies,staff will continue to have difficulty in achieving
consistency and fairness in administering development applications where significant
tree removal is being contemplated.
Staff is confident that the proposed Compensation Policy is consistent with industry
practise and many other municipalities based on the research that was conducted in
formulating this policy.
Additionally,staff were assisted in writing this policy by Silv-econ Ltd.,our Registered
Professional Forestry consulting firm,who has had a great deal of experience in this
area of expertise.
Tree Cover and Leaf Area:
Aurora’s 1.95 million trees contribute to 28 per cent tree canopy cover and provide 99 km2
of total leaf area.
(Excerpt from UFORE Report September,2014)
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November 3,2015 -4 -Report No.PR15-035
LINK TO STRATEGIC PLAN
The Town of Aurora Urban Forest Management Plan and Policy supports the Strategic
Plan goal of Supporting environmental stewardship and sustainability through its
accomplishment in satisfying requirements in the following key objectives within this
goal statement:
Encouraging the stewardship of Aurora’s natural resources:Through the
monitoring of ecological indicators,as the lands are urbanized,will allow the Town to
establish a baseline and track ecological changes as development progresses.
ALTERNATIVE(S)TO THE RECOMMENDATIONS
1.Council could decide to postpone or defer the Policy indefinitely.
2.Council could request staff to revise the policy where necessary.
3.Further options as required.
FINANCIAL IMPLICATIONS
There are no financial implications for the Corporation;however,there may be
significant financial implications for land owners who find it necessary to remove
significant numbers of trees in order to develop or construct on their particular lands.
CONCLUSIONS
That Council approve the Tree Removal/Pruning and Compensation Policy
PREVIOUS REPORTS
PR14-035–Urban Forest Study (UFORE)July 29,2014
ATTACHMENTS
Attachment #1-Tree Removal/Pruning and Compensation Policy
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TREE REMOVAL/PRUNING AND
COMPENSATION POLICY
THE CORPORATION OF THE TOWN OF AURORA
PARKS AND RECREATION SERVICES
100 John West Way,Aurora,Ontario,L4G-6J1
T.905-727-3123
F.905-727-3903
www.aurora.ca
JUNE 2015
Attachment 1
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Parks &Recreation Services
TREE REMOVAL/PRUNING AND COMPENSATION POLICY
TABLE OF CONTENTS
1.0 PURPOSE page 2
2.0 OBJECTIVES page 2
3.0 DEFINITIONS page 2
4.0 RESPONSIBILITY page 4
5.0 TREE REMOVAL CRITERIA page 4
6.0 TREE REMOVAL PROCESS page 5
6.1 Trees on Public Land Considered Hazard,Infected and Nuisance Trees
6.2 Dangerous,Interfering,Obstruction and Structurally Damaged Trees
6.3 Removals or Root Disturbances to accommodate Municipal or Private
Development/Construction Requests
6.4 Municipal Development/Construction Projects
6.5 Emergency Situations
6.6 Private Construction Projects Affecting Municipal Trees
6.7 Trees on Private Land
6.8 Lands Under Plan of Subdivision,Site Plan or Subject to Minor Variance
Conditions of Approval
7.0 COMPENSATION page 7
7.1 Trees Located in Landscape Settings
7.2 Trees Located in Meadows and Woodlots
7.3 Planted Shrub Valuation Approach
7.4 Cash Value
7.5 Report Format
Schedule “A”
Schedule “B”
Schedule “C”
8.0 TREE PRUNING SPECIFICATIONS page 11
8.1 Overview of Specifications
8.2 General Tree Pruning Specifications
8.3 Detailed Tree Pruning Specifications
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Parks &Recreation Services
TREE REMOVAL/PRUNING AND COMPENSATION POLICY
1.0 PURPOSE
The purpose of the Tree Removal policy is to establish the criteria,processes and authorities for
removing Municipal trees
and
For the removal of trees on private lands subject to approvals under the following;
Site Plan,Plan of Subdivision and Minor Variance
For all other tree removals on private property please refer to By-law No.4474-03.D
2.0 OBJECTIVES
The objectives of the policy are as follows:
2.1 To create a safe urban forest environment by removing trees that pose a threat to persons or
property.
2.2 To assist in maintaining the health of the urban forest by managing tree diseases and pests
through the removal of hazard,infected or nuisance trees.
2.3 To accommodate site plan,plan of subdivision and other private development projects by
removing trees that impede or constrain the proposed development.
2.4 To facilitate public maintenance by removing trees that impede on-going access or interfere with
maintenance work.
2.5 To protect motorists and pedestrians by removing trees that obstructs sight-lines.
2.6 To remove trees that have been severely damaged by a storm,fire or other natural or man
inflicted causes that have the potential to become dangerous trees.
3.0 DEFINITIONS
Tree
Means a self-supporting woody plant with one or more stems and a minimum caliper diameter of 5
centimeters which will reach a height of at least 4.5m (15 feet)at maturity.
Director
Means the Director of Parks and Recreation of the Town of Aurora and anyone acting or authorized by the
Director to act on his/her behalf.
Manager
Means the Manager of Parks of the Town of Aurora and anyone acting or authorized by the Manager
to act in this capacity.
Pest
Means any animal,insect pest or tree disease so declared under Section 3 of The Pest Control Act
to be a pest.
Public Land
Means any real property owned or controlled by the Town of Aurora including,but without limiting the
generality of the foregoing,any real property the Town of Aurora is granted access to under a tree
planting easement.
Relocation Means a tree that is sufficiently small enough that it can be dug up by a tree spade or by
hand and moved to another site for planting.
Removal
Means a tree that,because of its size or other considerations,cannot be relocated to another site and
therefore must be cut down and disposed of.
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Parks &Recreation Services
TREE REMOVAL/PRUNING AND COMPENSATION POLICY
IES
Means the Town of Aurora Infrastructure and Environmental Services Department.
Hazard Tree
Means any tree that has been determined by the Director to be,or has the potential to be,a danger
to persons or property.
Infected Tree
Means any tree that has been determined by the Director to be infected or infested with insects and
or disease at sufficient levels to cause or risk causing further spread and damage to other trees
within the municipality.
Nuisance Tree
Means any tree that:
i.is infected with an insect pest or tree disease;
ii.the particular tree disease or insect pest has the potential to spread and infect the urban
forest;and
iii.the problem cannot be corrected by pruning or other treatments and removal of the tree
is deemed necessary by the Municipal Arborist.
Dangerous Tree
Means any tree in part or whole that:
i.is at risk of falling,breaking,uprooting or collapsing;and
ii.in the opinion of the Director of Parks and Recreation Services is likely to cause injury to
persons or damage to property.
Interfering Tree
Means any tree growing in a location that:
i.impedes access or interferes with public maintenance work;or
ii.is causing or has the potential to cause damage to public infrastructure;and
iii.in the opinion of the Director or Parks and Recreation Services the problem can only
be cost-effectively remedied by removing the tree.
Obstructing Tree
Means any tree that:
i.obstructs a clear line of sight and overhead clearance for motorists,cyclists and pedestrians
ii.obstruction of site-lines for all transportation modes when approaching a street intersection
or exiting curb-crossing,sidewalk or trail interface onto the street;and
iii.in the opinion of the Director o Parks and Recreation Services the situation cannot be
remedied by pruning and the tree must be removed.
Structurally Damaged Tree
Means any tree that:
i.has been severely damaged by a storm,fire or other natural or man inflicted cause;
ii.while the tree does not pose an immediate threat to persons or property,it has the potential to
become a dangerous tree;and
iii.in the opinion of the Director of Parks and Recreation Services,damage to the tree is
deemed too extensive such that there is no possibility of repairing the tree and removal is
deemed necessary.
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Invasive Tree
Means any tree that:
i.is listed or considered a non-native invasive species in the “Landowners Guide to
Managing and Controlling Invasive Plants In Ontario”
ii.which if left unmanaged,poses a threat to the natural environment.
Disturbed Tree
Means any tree that
i.is situated in a location where there is risk of damaging any part of the tree including its
root system ,branches,limbs trunk and foliage;and
ii.by virtue of its location be subject to any mechanical work,excavation,compaction,
storage of materials and exposure of any part of its root system.
Compensation
Means
i.provision of tree/s or vegetation for the purposes of replacing trees and or vegetation that
has been damaged and or removed from a property;or
ii.provision of a monetary payment for the authorized and or unauthorized damage or
removal of tree/s or vegetation.
Pruning
Means;
i.the removal of any branch,limb or twig from a tree for the following purposes;or
ii.establishing proper tree shape or form;and
iii.removal of undesirable branches and limbs for reasons of public safety,tree health,
and to achieve specified clearance distances from buildings,property,vehicles,
equipment and the public.
4.0 RESPONSIBILITY
4.1 The Director of Parks and Recreation Services and anyone authorized to act on his/her behalf may
authorize the removal of trees on municipal lands subject to the provisions of this policy.
4.2 The Manager of Parks and or the Municipal Arborist is responsible for determining if a tree on public or
private land is a dangerous or obstructing tree.The Manager of Parks and or the Municipal Arborist are
also responsible for determining if a tree on public land is structurally damaged.
4.3 The Manager of Parks and or the Municipal Arborist is responsible for determining if a tree on public or
private land is a hazard,infected or a nuisance tree.
4.4 The Municipal Council is responsible for hearing appeals from private applicants whose request for
removing a tree on public land has been denied by the Director.Only those cases where there is a dispute
between the Town and the private landowner or in cases where the removal of a tree or trees could impact
the surrounding residents should be forwarded to Council for their consideration.Trees which may be
removed by a tree spade and relocated to another area for planting should be considered relocation and
not a removal.
4.5 The Parks Supervisor and qualified Forestry Crew Leader are responsible for training all staff involved in
Arboriculture work.
5.0 TREE REMOVAL CRITERIA
The following criteria are intended to prevent the indiscriminate removal of public trees.Public trees may
be removed only when one or more of the following criteria apply:
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1)The tree is infected with an insect pest or tree disease that could cause an epidemic and
removal is the recommended action to prevent transmission.
2)The tree is dead or suffering from major decay which cannot be treated successfully and
therefore poses a threat to public safety or property.
3)The tree poses a threat to persons or property which cannot be corrected by pruning,
transplanting or other treatments.
4)Removal of the tree is required to accommodate private development or municipal
projects such as sewers,roadways,utilities,buildings or driveways and there is no cost-effective
alternative to save the tree.
5)Removal of the tree is required to mitigate conflicts such as the obstruction of motorist or
pedestrian sight-lines;roof damage to buildings;sidewalks or underground water or utility lines;
or interference with overhead utility lines or public maintenance work;and there is no cost-
effective alternative to save the tree.
6)The tree has been severely damaged in a storm or other natural or man inflicted cause,and
there is no possibility of the tree recovering.
7)The tree interferes with the growth and development of a more desirable tree.
8)The tree is considered an invasive species as defined by the Ministry of Natural Resources and is
present in sufficient quantities to warrant implementation of a control program in the opinion of the
Director of Parks and Recreation Services in consultation with all stakeholders,Council and the
agencies having jurisdiction.
6.0 THE TREE REMOVAL PROCESS
6.1 Trees on Public Land Considered Hazard,Infected and Nuisance Trees
The Municipal Arborist will determine whether a tree is a hazard,infected or a nuisance tree
If the tree cannot be successfully treated by other alternatives and removal is necessary to
prevent transmission.The Parks Division will coordinate the removal of the tree
Hazard,infected or nuisance trees on public land should be removed as soon as
possible
Written notification stating the reasons and authority for the removal will be provided to the
homeowner whose property is adjacent to the tree
6.2 Dangerous,Interfering,Obstructing and Structurally Damaged Trees
The Director of Parks and Recreation Services may authorize the removal of a tree from public
land where,in the Director's opinion,the tree is a dangerous,interfering or structurally
damaged tree
All dangerous,interfering,obstructing or structurally damaged trees considered for removal
shall be assessed by the Municipal Arborist in order to determine if it meets the tree removal
criteria outlined in section 6.0 of this policy.An evaluation form shall be provided for this
purpose which identifies the reason and the authority for the removal
A copy of the completed evaluation and action proposed shall be left with the property owner
whose house is adjacent to the tree
Dangerous trees shall be removed as soon as possible when they are reported.While the
expectation is that staff would respond to a dangerous tree as soon as they become aware of
it,this may not always be possible after normal work hours or on week-ends.Interfering trees
may be removed as they are encountered.Obstructing trees shall be removed within three
days of the Department becoming aware of the situation.Structurally damaged trees shall be
removed within two months.All trees that are proposed for removal shall be clearly marked
with orange paint in the form of an "R"
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In the case of an emergency tree removal,a notice will be delivered to the adjacent resident
following the removal that states the reason for the removal and the municipal contact person,
in the event the residents have questions related to the removal
Tree stumps shall be removed during two separate cycles,once in the spring each year and
again in the fall.Stumps shall be removed using a mechanical grinding equipment to a minimum
depth of 10 centimeters below grade level
Removal of all roots may not be possible or necessary depending on site specific issues such as
the location of buried utilities and the location of a replacement tree
Tree stump pits will be backfilled with sufficient top soil and seeded with turf grass.Sod will not be
used
6.3 Removals or Root Disturbance to Accommodate Municipal or Private Development/Construction
Requests
In those cases where the Parks Division receives a request for the removal of tree/s or where root
disturbance of a live tree on Municipal land is likely,the Municipal Arborist will conduct a site assessment to
determine if removal is the preferred option.The following process shall be followed:
6.4 Municipal Development/Construction Projects
The initiating Department shall notify the Manager of Parks,in writing,of the need to disturb or
remove tree/s or conduct work in the vicinity of trees prior to Council approving the proposed
construction project.The Notice shall describe the specific project including the approximate number
of trees to be removed/disturbed
In the event of a project that arises unexpectedly the initiating Department shall verbally notify the Parks
Manager of the need to remove tree/s.Upon notification the Municipal Arborist shall conduct a site
inspection and written evaluation on the condition of the subject trees and provide a copy of the
evaluation including comments and recommendations to the initiating department.Recommendations
may include the requirement to engage the services of an external Arborist for the purpose of
producing a tree impact plan and assessment depending on the number of trees to be impacted.The
Parks Manager shall review the Arborist report and provide comments and recommendations to the
initiating department
6.5 Emergency Situations
In situations where IES or a utility company must respond quickly such as a sewer,water or gas line
break and there is not time to arrange a site visit prior to commencing a tree removal,they should
contact the Manager or designate for approval if their activities are likely to affect public trees.The
Manger will follow up on the matter at the earliest possible time to confirm the circumstances and arrange
for replacing the tree/s.
6.6 Private Construction Projects Affecting Municipal Trees
Requests for municipal tree removals or relocations to accommodate private construction projects such
as driveways,water mains or sewers may be considered by the Parks Division on an individual basis.In
the event of a request to remove a municipal tree to facilitate private construction work the following
procedure will apply;
The Municipal Arborist will conduct a site inspection and a tree condition assessment form with a copy
of the assessment provided to the owner of the property
The Manager will communicate with the property owner to discuss the requested tree removal and
any alternatives that should be explored prior to approving the removal
In the event that there are no viable alternatives to removing the tree/s and depending on the
number of tress impacted the Manager may request an independent third party evaluation of the
tree/s dollar value.The evaluation shall be based on the Aggregate Inch Replacement method as
outlined in Section 7.0.The cost of the evaluation shall be paid by the party requesting removal of
the tree
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Upon completion of the evaluation and the owners agreement to provide financial compensation and
or replacement of the tree/s based on the third party evaluation ,the Manager may permit the
removal of the tree/s
The Town will conduct all aspects of removing and replacing the tree/s and all associated costs will
be paid to the Town in advance of the tree/s being removed.Costs for this work will be based on
current labour,equipment and material costs
6.7 Trees on Private Lands
In absence of a specific Land Development Agreement or Tree Protection/Preservation
Agreement imposed as a condition of Site Plan,Draft Plan of Subdivision or Minor
Variance,all cases of damage,disturbance and where unauthorized tree removal has occurred the
matter shall be referred to the Towns By-law Enforcement section for the purpose of administrating
any infraction of By-law No.4474-03.D
Where the Parks Division receives a complaint from the Public regarding a suspect hazard,
infected or a nuisance tree,the matter shall be referred to the Towns By-law Enforcement section for
the purpose of administrating the Property Standards By-law No.4044-99.P
6.8 Lands Under Plan of Subdivision,Site Plan or Subject to Minor Variance Conditions of Approval
Removal of trees from any lands proposed for development through the draft plan of subdivision,site
plan or minor variance process will be subject to the following requirements;
Prior to removal of any tree/s or vegetation on any site,proponents shall submit a complete
inventory and detailed analysis of all existing trees and vegetation on the subject lands.The
information shall include a tree and vegetation impact plan showing all vegetation proposed for
removal.Vegetation with a stem diameter of five (5)centimeters or greater measured at 1.4
metres above grade level shall be included in the tree inventory and impact plan
Proponents shall submit with the vegetation inventory and analysis,a comprehensive report
prepared by a Certified Arborist or Registered Professional Forester to the satisfaction of the
Director which outlines all aspects of the proposal to remove trees including a tree protection
management plan for trees to be preserved on site/s.The tree protection management plan shall
include recommendations for tree protection measures and recommendations for all aspects of tree
health including tree pruning,fertilization,mulching,irrigation and long term monitoring and
maintenance
Land owners may be required to enter a site specific tree removal/protection agreement and
provide financial securities as a condition of development approval to allow the removal of trees on
private lands
Additional vegetation management initiatives are identified in Appendix 4,Policy “D”,Tree
Protection/Preservation Policy,Section 5.0 and 6.0
7.0 COMPENSATION AND TREE &SHRUB VALUATION PROCEDURE
With the recently completed Urban Forestry Study it was abundantly clear that every single tree in the
Town of Aurora plays a significant role that goes far beyond aesthetic value.As such and in our
continuing efforts to achieve a sustainable Urban Forest and a net gain in Aurora’s forest cover
percentage,trees that are removed must be replaced in sufficient numbers to ensure that our urban
forest canopy is not compromised or in any way diminished over the long term and that a net gain be
achieved in the towns overall forest canopy.The following policy shall apply to all tree removals
associated with subdivision,site plan,and minor variance approvals.
7.1 Trees Located In Landscape Settings
The value of planted trees is calculated using the Aggregate Inch Replacement method.This approach
has been utilized by a number of Municipalities in Ontario.In this method,the value of a tree is
estimated by calculating the supply and installation costs of the quantity of nursery stock of the same
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species such that their cumulative diameters is equal to the diameter of the tree being evaluated.For
example,the value of a healthy sugar maple that is 30 cm at breast height (DBH)is equal to the supply
and installation cost of five nursery stock sugar maples that are 6 cm in diameter (measured 1.4m from
the ground).The installed cost shall be 2.5x the cost1 of nursery stock.The price includes delivery,
planting,preparation of a mulching bed and a 1 year guarantee.The value for trees that are assessed
as being in fair condition or poor condition is calculated as 0.6 times or 0.2 times the value of a healthy
specimen respectively (See Schedule ‘A’for health rating criteria).An additional species rating criteria
shall be applied based on the latest ISA Ontario Species Rating list.The value estimated using this
approach is often comparable to the ISA trunk formula method however it is more easily calculated and
understood by the general public.
7.2 Trees Located In Meadows and Woodlots
For trees located outside of landscaped settings,such as in meadows and woodlots,trees are valued
based on the cost to replace them with the same species using nursery stock sizes and quantities listed
in Schedule B.The installed cost shall be 2.5x the cost1 of nursery stock.The value for trees that are
assessed as being in fair condition or poor condition is calculated as 0.6 times or 0.2 times the
replacement cost of a healthy specimen respectively (See Schedule ‘A’for health rating criteria).An
additional species rating criteria shall be applied based on the latest ISA Ontario Species Rating list.
A sampling procedure may be used to estimate the tree inventory within each of the following DBH
classes (5 –10cm,11 –20cm,>20cm)in the area of interest.A fixed area plot sampling procedure is
recommended which samples at least 5%of the area of interest.The plots must be located in areas
which are representative of the vegetation communities and their locations illustrated on a map.
7.3 Planted Shrub Valuation Approach
Where shrubs,ornamental grasses or perennials are encountered in landscape settings,the
replacement value is calculated as the cost to supply and install a quantity of potted plants of the same
species to replace each square meter of measured plant area.The quantity of plants will be based on
their replacement pot size as listed in Schedule ‘C’.
The installed cost shall be 2.5x the cost of nursery stock.The price includes delivery,planting,
preparation or a mulching bed and a 1 year guarantee.The value for plants that are assessed as being
in fair condition or poor condition is calculated as 0.6 times or 0.2 times the value of a healthy specimen
respectively (see Schedule ‘A’for health rating criteria).
7.4 Cash Value
Where it has been determined by the Town that compensation tree planting cannot be accommodated
on the lands due to physical space limitations or restrictions the Applicant/Owner will be required to pay
fees commensurate with the particular scenario noted above in Section 7.1,7.2 or 7.3.Fees will be
charged to compensate for the loss of trees on the subject lands.All funds will then be applied to the
purchase and planting of trees by the Town at an alternative suitable site within the Town of Aurora at
the discretion of the Town.
7.5 Report Format
1.Report author and contact information
2.Date of inspection
3.A table which details the inventory and replacement cost estimate for each tree or shrubs.Each tree or
shrub must be uniquely identified,described of species,size (diameter at breast height for trees,#of
shrubs or square meters of shrub area),and health rating (good,fair,poor as per Schedule “B”),and
estimated replacement cost.
4.Photographs of each tree or shrub must be included and marked to indicate their unique identifier to
correspond to the table noted above in 3.
5.Site plan/map showing the location of trees and shrubs with corresponding unique identifier,as well as
location of sample plots where woodlots or meadows are evaluated.
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Schedule A
Plant Health Rating Criteria
Health Rating Description
Good Full,symmetrical crown,no sign of active decay,chronic or acute
insect attack,large open wounds,tissue necrosis,dieback or chlorotic
foliage.Not leaning,falling or about to be uprooted.Growth occurs
mostly as extensions from the terminal bud with little epicormic
branching.Shoot growth usually exceeds 10 cm.
Fair May have a partially leaved,suppressed or disfigured crown (>74%
crown density),combined with a few dead branches or limbs,or small
open wounds and small trunk-tissue necrosis.Tree health will likely
not decline further in the next 5 years.Growth occurs mostly as
extensions from the terminal bud.Epicormic branching may be heavy.
Poor Declining in health.Usually describes trees which have large trunk-
tissue necrosis,large stem scars.Foliage discolouration is often
associated with this condition as is moderate to heavy top-dieback (<
50%crown density)and crown suppression.Chronic fungal infection
or insect infestation may be present.May require removal.
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Schedule B
Replacement tree size and quantity of nursery stock for each tree removed in meadows
and woodlot areas
Subject Tree
Diameter at Breast
Height (cm)
Replacement Size of
Tree Nursery Stock
Quantity of nursery
stock required to
replace 1 tree
5 -10 5 gal pots
(1.0 -3.0 m tall)1
11 -20 150 cm tall wire basket (conifer),
45 mm calliper (hardwood)2
>20 175-200 cm tall wire basket (conifer),
60 mm calliper (hardwood)3
Schedule C
Quantity of nursery stock shrubs required to replaced one square meter of shrubs
Replacement Size of
Tree Nursery Stock
Quantity of Nursery Stock
Required to Replace 1m2 of Shrubs
<2 gallon pot 4
3 gallon pot 2
4+gallon pot 1
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8.0 TREE PRUNING SPECIFICATIONS
8.1 OVERVIEW OF SPECIFICATIONS
Any tree work performed on a Town tree must be done according to the Town’s specifications by
authorised persons.There are different criteria for pruning depending on the purpose for the pruning.
Proper tree pruning takes into consideration the physiology of tree growth and other influencing factors.
Some are essential to the structural integrity and health of the tree while others are purely cosmetic.
Figure 1 attached provides a general overview pruning guidelines in the municipal setting.All
specifications are based on International Society of Arboriculture,National Arborist Association and
American National Standards Institute criteria and the following;
i)Wound dressing (paint)is not recommended as it may interfere with natural wound closure or in
many cases may actually accelerate decay.
ii)Trees with co-dominant leaders or other tight main crotch angles with included bark between
them tend to split easily,especially during wind,or ice storms.The weaker or the more laterally
positioned limb should be removed,ideally when the tree is young.Crown cleaning or removing
undesirable,weak,dead,insect or disease infected limbs,suckers or water sprouts,mechanically
damaged limbs,rubbing or crossover branches,and small girdling roots,those that have wrapped
themselves around the main stem should also be removed.
iii)Crown restoration is required,for storm damaged trees or trees previously pruned for crown
reduction to eliminate profuse shoot production at the previous terminal pruning cut.Crown reduction
may be required to reduce the spread or height of a tree,especially if there is interference with hydro
wires or with buildings,existing or under construction.Crown thinning,or the selective limb removal
increases air movement and light penetration,for better foliar disease resistance and reduces the wind
sail effect of dense tree crowns.
iv)Pollarding or topping mature trees shall not be considered a good or proper arboriculture practice.
v)Pruning of small young trees,especially during the first 3 to 5 years in their permanent site shall
be completed to encourage proper form and limb structure Angled cuts should be made with a sharp
pair of pruning shears or a sharp pruning hand saw in the direction of and just above an outward
pointing bud or branch union.Ideally the bud or branch should be pointing in the direction of desired
growth.Stubs may potentially become diseased and should be avoided,while cutting too close may
damage or weaken the branch.No more than 30%of the tree’s crown should be removed in any one
year.Dead,damaged and diseased branches,including roots if the tree is a bare root specimen prior to
planting,should be removed.Trees that are observed to be poorly formed with tight branch angles and
included bark at the trunk union shall be pruned away.Prune away the weaker or potentially interfering
branch to encourage straight sturdy tapered trunks with well-spaced lateral branches,both vertically
and radially.
vi)Timing of pruning depends on the type of tree,the tree’s condition and the intended results of the
pruning.Generally for healthy trees under normal conditions it is just before the period of rapid growth
in the spring.Deciduous trees are generally best pruned during the dormant season when the leaves
have fallen and the view of the branching structure is unobstructed.Winter pruning,when the sap flow
is reduced,is preferred for bleeders or trees that ooze sap profusely such as birch,walnut and maple.
vii)Pruning blades shall be sterilized between cuts when pruning diseased trees to prevent the spread
of disease and to protect healthy trees against disease.Autumn is usually the time that wood decay
pathogens are sporulating and major pruning activities should be avoided during this period especially
for larger or mature trees.Trees with Black Knot Disease,mainly cherries,plums and other stone fruit
trees,should be pruned in the dormant season prior to spring flush when the cankers sporulate.
viii)Flowering trees can maximize their floral displays when pruned immediately after flowering.Next
year’s flower buds have sufficient time to develop during the rest of the growing season.Coniferous
trees are best pruned in late spring after the new growth has started to harden off,which is usually late
May or June in southern Ontario.The exceptions are for large limb removal,best done in the dormant
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season and for pines,best done during the candle stage or immediately after the completion of the new
shoots.
8.2 GENERAL TREE PRUNING SPECIFICATIONS
1 All persons performing tree work on Town owned trees must be trained according to tree care
standards accepted by the International Society of Arboriculture.
2 All persons performing tree work on Town owned trees in or around primary electrical lines must
be trained to do so according to the “Electrical Safety Association”and the Ontario Occupational
Health and Safety Act and Regulations.
3 When tree pruning cuts are made to a side limb,such remaining limb must possess a basal
thickness of at least one third (1/3)of the diameter of the wood so affected.Such cuts shall be
considered proper only when such remaining limb is vigorous enough to maintain adequate foliage
to produce wood growth capable of callusing the pruning cut so affected within a reasonable
amount of time.
4 All pruning cuts of limbs 2"caliper and smaller shall be completed with hand tree pruning tools or
pole saw (not with a chain saw).Prune these smaller branches by climbing the tree (without the
use of tree spurs).
5 All tree pruning cuts shall be made in such a manner so as to minimize the size of the wound and
to promote the earliest possible covering of the wood by natural callus growth.Flush cuts which
produce large wounds shall not be made and the branch collar shall not be removed.
6 Tree limbs shall be removed and controlled in such a manner as to cause no damage to other
parts of the tree,to other plants or to public or private property.
7 All major pest problems shall be promptly reported to the Parks Supervisor.
8 All cutting tools and saws used in tree pruning shall be kept sharpened to result in clean cuts with
an un-abrasive and non-ragged wood/bark surface and branch collar remaining intact.
9 All trees six (6)inches in diameter or less shall be pruned with hand tools only.Chain saws will not
be permitted on any trees six (6)inches in diameter or less.This is to prevent any unnecessary
abrasions to cambial tissue that may predispose a tree to insect and/or disease problems.
10 Whenever pruning cuts are to be made,while removing limbs too large to hold in one hand during
the cutting operation,the limbs shall first be cut off one (1)to two (2)feet in front of the intended
final cut,the final cut shall be made in a manner to prevent tearing of the bark and live wood.
11 No more than twenty-five percent (25%)of the live wood may be removed from the crown of any
tree and trees that are to be thinned.Such thinning shall not include the removal of any live limbs
in excess of six (6)inches in diameter without prior approval from the Supervisor of Parks.No
drop-crotching,stubs or flush cuts will be allowed.
12 Any extraneous metal,wire,rubber or other material (i.e.stakes and ties)interfering with tree
growth shall be removed immediately.
13 Any defective or weakened trees shall be reported to the Supervisor of Parks.Specifically,any
structural weakness of a tree,decayed trunk or branches,shall be reported in writing,noting the
location of the tree by street address and a description of the hazard found in the tree.
14 The use of climbing spurs or spike shoes in the act of pruning trees is prohibited.
15 Beneficial animal or bird nests or nesting cavities shall be preserved and protected whenever
feasible,unless doing so would create a hazard.
8.3 DETAILED TREE PRUNING SPECIFICATIONS
Detailed tree pruning shall consist of the total removal of those dead or living branches as may threaten
the future health,strength and attractiveness of trees.Specifically,trees shall be pruned in such a
manner as to;
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1 Prevent branch and foliage interference with requirements of safe public passage.Over-street
clearance shall be kept to a minimum of four (4)meters above the paved surface of the street,
three (3)meters above the curb and three (3)meters above the surface of a public sidewalks or
pedestrian ways.Exceptions are allowed for young trees which would be irreparably damaged by
such pruning action.Tree branches shall be kept to a minimum of two (2)meters away from private
residences or structures measured horizontally from the edge of roof and porches.
2 Remove all dead and dying branches and branch stubs that are one-half (1/2)inch diameter or
larger.
3 Remove all broken or loose branches (hangers).
4 Remove any branches which interfere with the tree’s structural integrity and impact on the
development of proper form for the applicable species,which will include the following;
Branches which rub and abrade a dominant branch
Branches of weak structure,co-dominant,poor branch union with the trunk and included bark
Branches which,if allowed to grow,would compromise the form and structure of the tree
Branches forming multiple leaders in a single-leader type tree
Selective removal of undesirable sucker and sprout growth
Selective removal of one or more developing leaders where multiple branch growth exists or
near the end of broken or stubbed limbs
Selective removal of limbs obstructing buildings or other structures or traffic signs
Obtain a balanced appearance when viewed from the opposite side of the street.
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FIG 1
END OF APPENDIX 3
POLICY “C”
TREE REMOVAL/PRUNING AND COMPENSATION POLICY
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Site plan
Showing property,building and location of existing ground sign and proposed wall sign.
Attachment No.1
Existing
ground sign
Proposed wall
sign location
Yonge Street
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Front Elevation
Showing size and location of proposed wall sign
Attachment No.2
General Committee Meeting Agenda
Tuesday,November 17,2015 Item 6 Page -8
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November 17,2015 -9 -Report No.BBS15-013
Sign construction and design
Attachment No.3
General Committee Meeting Agenda
Tuesday,November 17,2015 Item 6 Page -9
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November 17,2015 -10 -Report No.BBS15-013
Photo identifying the existing ground sign and the additional ground sign structure
to be removed.
Attachment No.4
General Committee Meeting Agenda
Tuesday,November 17,2015 Item 6 Page -10
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November 17,2015 -11 -Report No.BBS15-013
Photo identifying the existing ground signs and ground signs of adjacent
businesses to the north
Attachment No.5
General Committee Meeting Agenda
Tuesday,November 17,2015 Item 6 Page -11
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General Committee Meeting Agenda
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General Committee Meeting Agenda
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November 17,2015 -6 -Report No.BBS15-015
SITE PLAN
Showing the Canadian Tire Store and the location for the two proposed signs and the one previously permitted sign
Attachment No.1
Locations for the
proposed signs on east
elevation
Canadian Tire Store
North Bayview
Ave
Previously permitted
wall sign
General Committee Meeting Agenda
Tuesday,November 17,2015 Item 8 Page -6
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November 17,2015 -7 -Report No.BBS15-015
EAST ELEVATION
Showing the two wall signs for which the variance is requested and the logo wall
sign previously permitted
Attachment No.2
Sign Variance Required
Sign previously
permitted
General Committee Meeting Agenda
Tuesday,November 17,2015 Item 8 Page -7
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TOWN OF AURORA
GENERAL COMMITTEE REPORT No.PR15-038
SUBJECT:Aurora Seniors Centre Operating Agreement Renewal 2016 -2021
FROM:Allan D.Downey,Director of Parks and Recreation Services
DATE:November 17,2015
RECOMMENDATIONS
THAT Report No.PR15-038 be received;and
THAT the Amended Operating Agreement between the Aurora Seniors
Association and the Town of Aurora be approved;and
THAT the Mayor and Town Clerk be authorized to execute the Operating
Agreement Renewal 2016-2021 with the Aurora Seniors Association including any
and all documents and ancillary agreements required to give effect to same.
PURPOSE OF THE REPORT
To enter into a new Operating Agreement with the Aurora Seniors Association (ASA).
BACKGROUND
The ASA entered into an Operating Agreement on January 1,2006.The term of the
previous agreement was 10 years.The existing Agreement expires on December 31st,
2015.Staff have been meeting with representatives from the ASA commencing in the
Spring of 2015 and have reached this tentative agreement.
COMMENTS
The new and previous Agreements have not been altered except for the following:
1.HOURS OF OPERATION -the start time has changed from a 9:00 a.m.start
time to an 8:30 a.m.start time and Wednesday closure extended to 5:00 p.m.
2.PAYMENT TO THE TOWN -ASA User Fees payable to the Town of Aurora
are now identified as a fixed fee indexed for a 2%increase,each year for the
General Committee Meeting Agenda
Tuesday,November 17,2015 Item 15 Page -1
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Attachment #1
General Committee Meeting Agenda
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NOTICE OF MOTION Councillor John Abel
Date:November 17,2015
To:Mayor and Members of Council
From:Councillor Abel
Re:Deployment of Light Armoured Vehicle (LAV)at the Aurora Cenotaph
WHEREAS Aurora Council recently approved up to $15,000 for a concrete pad to
permanently mount a decommissioned military Light Armoured Vehicle (LAV)at the
Aurora Cenotaph;and
WHEREAS this decision was made without the benefit of public engagement;and
WHEREAS the public has since learning of the decision,contacted Members of Council
via email,letters,and letters to the Editor,to voice their concerns;and
WHEREAS the Aurora Cenotaph,like many cenotaphs throughout the province,the
country,and the world is about a unique,stately and poignant monument to
recognize and honour those who have sacrificed and suffered in defending our country;
and
WHEREAS the LAV is not a work of art,but a purpose built machine;and
WHEREAS upon second reflection,the LAV may be more suitably mounted and
displayed in another location in Town;
NOW THEREFORE BE IT HEREBY RESOLVED THAT Council reconsider this recent
decision;and
BE IT FURTHER RESOLVED THAT Council direct staff to report back for Council's
consideration options for locations for the display of the LAV.
General Committee Meeting Agenda
Tuesday,November 17,2015 Notice of Motion (a)Page -1
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NOTICE OF MOTION Councillor John Abel
Date:November 17,2015
To:Mayor and Members of Council
From:Councillor Abel
Re:Regional GO Transit Shuttle
WHEREAS the Aurora GO station has a commuter parking building and surface lot,and
those facilities are full almost every business day;and
WHEREAS GO Transit commuters often park at the Town Park and on local residential
streets;and
WHEREAS the Town wants to restrict GO Transit commuter parking at the Town Park;
and
WHEREAS the number of cars in the very congested Wellington Corridor around the
GO station will likely increase;and
WHEREAS commuters should be encouraged to use Transit to get to the GO station
and refrain from driving their cars to eliminate traffic congestion and greenhouse gas
emissions;and
WHEREAS the Province of Ontario has recently announced an increase in Provincial
Gas Tax contributions to municipalities exclusively for transit initiatives,with the Region
of York receiving an additional $15 million;and
WHEREAS the Region of York is responsible for providing transit within the Town of
Aurora;
NOW THEREFORE BE IT HEREBY RESOLVED THAT the Region of York ("the
Region")be requested to use the increased provincial funding to develop and
implement a pilot rapid,dedicated,intensified,innovative GO Station Shuttle Service,to
encourage residents to use Public Transit to travel to and from the GO Station;and
BE IT FURTHER RESOLVED THAT the Region be requested to consult with the Town
of Aurora on the development of the pilot GO Station Shuttle Service;and
BE IT FURTHER RESOLVED THAT Metrolinx be requested to discourage commuters
from driving to the Aurora Go Station by charging a nominal parking fee,and that
General Committee Meeting Agenda
Tuesday,November 17,2015 Notice of Motion (b)Page -1
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Notice of Motion
November 17,2015 -2 -Regional GO Transit Shuttle
revenue from the parking fees be used to fund the rapid,dedicated,intensified,
innovative GO Station Shuttle Service;and
BE IT FURTHER RESOLVED THAT the Region be requested to support the Town's
request that Metrolinx implement a nominal parking fee for the Aurora GO Station,and
that the revenue from the parking fees be used to fund the rapid,dedicated,intensified,
innovative GO Station Shuttle Service.
General Committee Meeting Agenda
Tuesday,November 17,2015 Notice of Motion (b)Page -2
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NOTICE OF MOTION Councillor John Abel
Date:November 17,2015
To:Mayor and Members of Council
From:Councillor Abel
Re:Temperance Street Cultural Precinct
WHEREAS the Aurora Promenade Urban Design Strategy sets out eight overarching
strategies highlighting key aspects that will shape the future of the Aurora Promenade;
and
WHEREAS these strategies are important “big moves”that will help achieve long -term
planning and urban design objectives;and
WHEREAS the establishment of a Cultural Precinct(s)is identified within the Aurora
Promenade Concept Plan as a priority action and one of the key strategies for the
revitalization of the downtown core;and
WHEREAS the Cultural Precinct Study approved by Council in September 2015 is a
specific area bounded on the east side of Yonge Street,and
WHEREAS there is an area,bounded by Yonge Street to the east,Mill Street to the
west,Wellington Street to the north,and Tyler Street to the south,with many significant
Historic buildings and buildings of Heritage value which could be considered the
Cultural Precinct West or the "Temperance Street Cultural Precinct"and could benefit
from a study for the same reasons;
NOW THEREFORE BE IT HEREBY RESOLVED THAT staff be directed to conduct a
Request for Proposal ("RFP")to engage a design firm to establish a Vision and
Conceptual Plan for the Temperance Street Cultural Precinct area;and
BE IT FURTHER RESOLVED THAT the final report and conceptual plan for the
Temperance Street Cultural Precinct area be presented to Council for consideration in
the first quarter of 2016;and
BE IT FURTHER RESOLVED THAT upon completion of the RFP process,staff report
back on the outcomes and any required budget consideration.
General Committee Meeting Agenda
Tuesday,November 17,2015 Notice of Motion (c)Page -1
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TOWN OF AURORA
ADDITIONAL ITEM
FOR GENERAL COMMITTEE
Tuesday,November 17,2015
7 p.m.
Council Chambers
Replacement Memorandum –Item 1 –Memorandum from Director of Parks &
Recreation Services;Re:Tree Protection By-law
MEMORANDUM
DATE:October 20,2015
TO:Mayor Dawe and Members of Council
FROM:Allan D.Downey,Director of Parks and Recreation Services
RE:Tree Protection By-law
RECOMMENDATIONS
THAT the memorandum regarding Tree Protection By-law be received;and
THAT Council provide direction.
BACKGROUND
On May 26,2015,Council adopted the following Motion:
WHEREAS on January 25,2011,Council of the Town of Aurora directed the formation of a
Town staff,multi-department,Tree Protection By-law Committee,to review the Town's
current Tree By-law;and
WHEREAS the purpose of the committee was to review the existing Tree By-law and
suggest changes and revisions for Council's consideration;and
WHEREAS the process to develop the Draft Tree Protection By-law was to include
consultation with the public and all stakeholders;and
WHEREAS public and stakeholder consultation was accomplished through comprehensive
staff discussions with stakeholders,an online survey,and a Public Planning meeting held on
April 25,2012;and
WHEREAS staff Report No.PR12-016 was presented at the Public Planning meeting;and
WHEREAS staff Report No.PR12-016 spoke to the advantage of the Draft Tree Protection
By-law to enable residents to receive better service in the processing of permits,and better
enforcement and tree protection for the municipality;and
WHEREAS the public and stakeholder consultation process allowed for input and advice on
the actual By-Law changes;and
WHEREAS the Public Planning meeting was well-attended and included representation from
all stakeholders;and
WHEREAS the Council direction from the meeting was that the recommendations from staff
Report No.PR12-016 be received,and that comments presented at the Public Planning
meeting be addressed in a comprehensive report outlining recommendations and options at
100 John West Way
Box 1000
Aurora,Ontario
L4G 6J1
Phone:905-727-3123 ext.4752
Email:adowney@aurora.ca
www.aurora.ca
Town of Aurora
Parks and Recreation
Services
Additional Item for General Committee Meeting
Tuesday,November 17,2015 Item 1 Page -1
-1 -
October 20,2015 -2-Tree Protection By-law Memorandum
a future General Committee meeting,and that all parties expressing interest at the Public
Planning meeting and stakeholders be advised of the General Committee meeting date;and
WHEREAS that meeting was held on October 8,2013,and Council directed staff to make
further revisions and bring the Draft Tree Protection By-law back to Council for comments
prior to releasing it again to the public for their input;and
WHEREAS the Draft Tree Protection By-Law was discussed by Council again on January
14,2014,and January 21,2014;and
WHEREAS Council referred the Draft Tree Protection By-law report back to staff without
clarifying any next steps in the process;and
WHEREAS the Town's February 2015 Pending List makes notes that the matter is
"Complete"along with the notation that Town staff reviewed the revised Tree Protection By-
law in accordance with the Council direction of January 21,2014,and determined that the
current Tree By-law is satisfactory,and staff will continue to monitor the operation and
enforcement of the current Tree By-law and may bring it forward for review to Council should
the need arise;and
WHEREAS this public process started in 2011 and no Council decision has been made to
date on the Draft Tree Protection By-law;
NOW THEREFORE BE IT HEREBY RESOLVED THAT staff place the matter of the Draft
Tree Protection By-law on a future General Committee agenda for discussion and direction,
with a copy of all previous staff reports dealing with this matter as well as a copy of the
Town’s current Tree By-law and Tree Destruction Permit;and
BE IT FURTHER RESOLVED THAT staff be directed to prepare and bring a comprehensive
report to General Committee prior to the end of September 2015 containing a written
summary of the review process and all written or verbal input received from the general public
at the Public Planning meeting and other Council meetings outlined in this motion;and
BE IT FURTHER RESOLVED THAT that staff be directed to provide Council with options for
meeting dates for Council to invite the public to comment and offer input on the Draft Tree
Protection By-law.
In response to this direction,staff has placed this item on the agenda including all previous reports on
this matter.Attached are copies of all staff reports on the Draft Tree Protection By-law which
summarizes all previous discussion on this matter.
Council also directed staff to provide Council with options for meeting dates for the public to offer
comments on the Draft Tree Protection By-law.Staff will propose meeting dates should Council
direct this matter to go forward.
ATTACHMENTS
Attachment #1 -PR14-004 January 14,2014 Tree Protection By-law
Attachment #2 -PR12-001 January 24,2012 Approval of Tree Protection By-law
Attachment #3 -PR12-016 April 25,2012 Public Meeting for Proposed Tree Protection By-law
Attachment #4 -PR13-046 October 1,2013 Tree Protection By-Law
Attachment #5 -Tree Permit By-law Number 4474-03.D
Additional Item for General Committee Meeting
Tuesday,November 17,2015 Item 1 Page -2
-2 -