Transcript Slide 1

Proposed Site Alteration and
Private Tree By-law
Public Information Centre # 2 Presentation
CITY OF BRANTFORD
May 11, 2010
SCOPE OF THE WORK
 Draft Revision of Existing Private Tree By-law
 Draft New Site Alteration By-law
 Cross-jurisdictional review of similar By-laws and policies
 Public & Agency Consultation
 Legal Review
Proposed Site Alteration and Tree By-laws
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THE PROJECT TEAM
 AMEC Earth and Environmental
 Paul Smeltzer, Project Manager
 Les Janos, Senior Engineer
 Heather Dearlove, Environmental Planner
 Dougan & Associates
 Jim Dougan, Senior Ecologist
 Kristina Shaw-Lukavsky, Landscape Architect
 Ross & McBride LLP
 Peter Tice and Steve Kim, Lawyers
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BACKGROUND
 City of Brantford Strategic Plan Goal: “Managed Growth &
Environmental Leadership”
 Brantford Council resolutions: Staff directed to investigate Drainage,
Erosion & Sediment Control, and update Private Tree By-law
 Interim Report : “Sediment Control
 Problem / Opportunity:
at Construction Sites in West Brant”
 Staff recognized need for enforcement mechanism(s) to regulate grade
alteration / vegetation & topsoil removal / placement & dumping of fill
activities outside of Planning Act Regulated Development Activities
Approved Under the Site Plan Control or Plan of Condominium /
Subdivision Process
– ESC Plans required for Draft Plans of Subdivisions/Condominium or Site Plan applications
– GRCA regulates Site Grading and the temporary placement, dumping or removal of
materials on or off-site
 Current Tree By-law limited in applicability; need to address tree
preservation in a more comprehensive manner
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BACKGROUND
Public Consultation
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The study provided for two Public Information Centres:
 PIC #1: Held March 9, 2010 at Mohawk Park Pavilion
 PIC #2: Scheduled for May 11, 2010 at Tranquility Community Hall
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Meetings were also held with the following Groups & Organizations:
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City of Brantford – Various Departments
Grand River Conservation Authority
Private Tree By-law Task Force
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Environmental Policy Advisory Committee
Heritage Committee
Brantford Home Builders’ Association
Cultural Advisory Committee
Policy Review
 A review of existing municipal By-laws and policies for Tree Preservation and Site
Alteration in over 20 area jurisdictions was completed. A partial list includes:
 Niagara Region
City Of Kitchener
Town of Milton
City of Mississauga
 City Of Niagara Falls
City of Cambridge
Town of Oakville
Town of Richmond Hill
 Town of Fort Erie
City of Guelph
City of Kingston
City of Brampton
 City of Hamilton
Town of Markham
City of Oshawa
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WHAT WE LEARNED THROUGH
CONSULTATION:
 General desire for By-laws that:
 Regulate activities that have the potential to adversely affect the
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environment including land, water, cultural, heritage, social and
economic
Obtain a balance respecting the greater public good and rights of
individual property owners. By-laws must be inherently flexible,
reasonable and non-draconian in nature
Are specific and can be efficiently administered by City staff
Satisfy strategic goals of the municipality (ie. 40% tree canopy
within the City)
Fit with other current By-laws, Provincial / Municipal Processes
and Practices
Increase public awareness
Provide for a phase in period
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LEGAL REVIEW
 A legal review was undertaken by Ross & McBride LLP (consultant
legal team) to address the following:
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Legislative Authority,
Form and Format,
Consistent wording between By-laws, and
Compliance/Enforcement provisions.
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SITE ALTERATION BY-LAW
OVERVIEW
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What does the Site Alteration By-law do?
 The Site Alteration By-law provides the Municipality with the legal means to regulate
the placement or dumping of Fill; alteration of Grade; and the removal of Topsoil from
land within the City outside of the Site Plan Control or Subdivision Development
Process. Can be used in advance of a formal application under site plan control or
subdivision agreement. Cannot prevent regulated activities from occurring
without a permit in all instances. Provides the City with a tool to impose
penalties for failing to comply with the By-law
 Permitting process facilitates:
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Preparation of required documents by Applicant
Review by City and Issuance of Permit
Issuance of Compliance orders by the City to have sites restored
Issuance of fines and/or charges for non-compliance activities
Collection of fees and securities which may be drawn upon by the City to have the work
done at the Owner’s expense
Adding site restoration costs to municipal taxes
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SITE ALTERATION BY-LAW
OVERVIEW
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The By-law is intended to regulate activities which may cause:
 Environmental Degradation (illegal dumping, erosion, sediment transport and deposition),
 Drainage Problems (blockages, watercourse alterations) and
 Public Nuisance (damage to and/or tracking of mud on City thoroughfares, dust, noise)
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Applicable to lands not subject to Subdivision Agreement or Site Plan
Control. Note: Site Alteration By-law does not replace the existing Land Development Approval
Process
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May Include individual homeowner activities such as pool construction,
building additions, lot infilling etc. with potential for impact on neighbouring
properties
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Used in conjunction with other City By-laws (Zoning, Tree, Road Occupation,
Nuisance etc.)
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SITE ALTERATION BY-LAW
LEVEL OF CONTROL
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By-law level of use and number of permit applications received on an annual
basis in other jurisdictions varies greatly and is dependant upon level of
control exercised by the municipality and public awareness / education.
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Option 1 – Extensive use of By-law to regulate all site alteration activities in
the City. Greatest impact on the public and City staff resources required. Risk
of public backlash.
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Option 2 – Moderate use of the By-law with a stronger focus on larger
potential development sites and pre-grading activities and major alteration to
private lands. Homeowner permits encouraged but not aggressively pursued.
Moderate staff resource requirements
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Option 3 – Reserve By-law primarily for development related site activities
(ie. pre-grading) in advance of Site Plan or Subdivision Agreement process
approvals. Minimal staff resource requirements.
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SITE ALTERATION BY-LAW
LEVEL OF CONTROL
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Recommendations will likely be made for Option 2 – Moderate By-law use with
stronger focus on larger potential development sites, pre-grading activities and
major alteration to private lands.
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Reasons:
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Goal to protect the natural environment and regulate activities with the
greatest potential for adverse impacts
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Reduces staff resource requirements
Homeowner activities are frequently the basis for civil claims
Greater public acceptance of By-law
Regulates site development activities that occurred in the past without
recourse. Note: City of Brantford does not have a pre-servicing agreement for site
development
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SITE ALTERATION BY-LAW
KEY ELEMENTS OF THE BY-LAW
Key Prohibitions:
 Site alteration By-law to address:
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Excavation
Filling
Removal of Vegetation
Removal of Topsoil
Soil compaction
Creation of impervious surfaces
Obstruction of Drainage Facilities
Modification of Watercourses
 Work performed on private property resulting in blockage of Drainage
Course / Flooding on neighbouring properties. Note: damages from
such activities are considered civil matters
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SITE ALTERATION BY-LAW
Key Exemptions:
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Activities carried out by a Municipality or Municipal Board (as legislated by the
Municipal Act which is Provincial legislation)
Activities pursuant to a Plan of Subdivision, Site Plan, Consent approval or
development permit (Including homeowner activities in un-assumed
subdivisions)
Electricity Transmission or Distribution activities
Aggregate activities regulated under the Aggregate Resources Act or
Planning Act
Topdressing of Lawns; Minor landscaping; Garden activities which require
less than 20 cubic metres and are at least 0.5m away from property lines
(with no impact drainage on neighbouring properties)
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Soil excavation of areas <9 m2 , <0.5m depth (with no impact on drainage,
vegetation or slope)
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Agricultural practices
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SITE ALTERATION BY-LAW
Permit Application Requirements:
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Completed Application Form including but not limited to:
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Name of Landowner and Proponent
Description of proposed work, location, duration, surrounding land use;
Identification of any Watercourses;
Description & source of any Fill;
GRCA, Heritage or Planning requirements
Control Plan documenting limits of work and property; existing and proposed
grades, trees / vegetation, drainage features, erosion and sediment control,
environmental protection and mitigation measures proposed,
Reports or studies required by City or external agencies
(e.g. EIS, Vegetation
Analysis, Geotechnical, Archaeological report)
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Scale Plan of any Retaining Walls stamped by a Professional Engineer
Applicable fees and securities
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SITE ALTERATION BY-LAW
Enforcement Controls:
Authority: Director of Environmental Services or designate
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Revocation of Permit
– Applicant provides incorrect, false or misleading information
– Applicant does not comply with By-law or permits
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Cease and Desist Order
– Applicant contravenes By-law or conditions of any associated permits
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Work Order
– If infractions found, City may require persons to discontinue activity and restore land
– City may recover any costs incurred plus interest (lien on property)
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Order of Removal
– No Permit; City may order restoration of land
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Fines
– 1st conviction: max. $10,000 ( $50,000 for Corporations)
– Subsequent convictions: max. $25,000 ( $100,000 for Corporations)
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ADMINISTRATION
 Strong argument for administration through one City department
 General consensus: Site Alteration is a Development-related activity
but not a typical Planning task
 Staff Requirements: Engineering background, municipal process
expertise and Municipal By-law Enforcement Training
 Two new positions are suggested
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TREES PROVIDE SERVICES…
environmental
social
economic
Trees improve air quality by
producing oxygen, absorbing
pollutants and sequestering carbon
Trees provide direct mental health
benefits and have also been shown
to reduce crime in urban areas
Trees reduce energy consumption
in buildings by providing cooling,
windbreak and shading functions
Trees improve water quality by
filtering some pollutants and
preventing soil erosion
Trees provide direct physical health
benefits – hospital recovery times are
significantly lower when a patients’
rooms overlooks treed areas
Trees reduce costs of storm-water
management by rainfall
interception and water absorption,
reducing flooding risks and costs
Treed areas reduce stress and
contribute to a greater sense of
community
Trees in commercial areas
improve business viability
Trees shade and cool waterways and
help to mitigate noise and dust
Trees provide habitat and food
sources for wildlife such as birds,
insects and small mammals
Mature trees on private property
increase property value by 5-25%
Trees help to reduce the “urban heat
island” effect
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TREES PROVIDE SERVICES…
the benefits of mature trees
Trees on private property help contribute
to the overall health of your community.
Larger and more mature trees provide
greater environmental, social and
economic benefits. In fact, it is estimated
that large trees deliver up to eight times
the urban benefits of small trees.
Most communities can care for their
largest trees for as little as $13 per year,
per tree. In return, each tree yields about
$80-$120 in energy savings, cleaner air,
improved storm-water management,
extended life of streets, and higher
property values.
Even at maturity, small stature trees do
not come close to providing the same
magnitude of benefits.
Large –Stature Trees at Maturity:
Height = Over 12 m
Canopy (Spread) = Over 12 m
Trunk Diameter = Over 45 cm
Examples = Maples, Oaks, Elms
Medium-Stature Trees at Maturity:
Height = 6-12 m
Canopy (Spread) = 6-12 m
Trunk Diameter = 30-45 cm
Examples = Honey Locust
Small-Stature Trees at Maturity:
Height = Under 6 m
Canopy (Spread) = Under 6 m
Trunk Diameter = 15-30 cm
Examples = Most Ornamentals
Maturity typically means 40 years after planting
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PRIVATE TREE BY-LAW
OVERVIEW
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What does the Private Tree By-law do?
 The Private Tree By-law provides the Municipality
with the legal
means to regulate the injury and destruction of trees on private
property within the City.
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Rationale of a Private Tree By-law
 City of Brantford recognizes the ecological, economic and social
benefits of trees
 Regulation of the existing urban tree canopy is a step toward attaining
the Council-endorsed 40% canopy cover goal
 Permitting process facilitates:
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Compensation as a condition of permitting; either for replacement trees or payment into
Brantford’s tree planting reserve fund
Issuance of fines and/or charges for non-compliance activities
Opportunities for communication and education
Information gathering to preserve and grow the City’s urban tree canopy
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PRIVATE TREE BY-LAW
OVERVIEW OF CURRENT BY-LAW
 Overview of Current By-law: Brantford Private Tree Bylaw (By-law # 171-2002 )
 Current By-law is limited in scope,
being applicable only to trees within:
 Woodlots (>1 acre)
 Lands pending an application for development approvals for subdivisions/ condominiums
 An Environmental Protection Policy Area or an Environmental Control Policy Area
 Only Trees naturally occurring as the following species are subject to protection:
 American Chestnut, Dwarf Hackberry, Kentucky Coffee, Blue Ash, Dwarf Chinquapin Oak, Hills
Oak, Schumard Oak, Sweet Pignut Hickory, Cucumber Tree, Red Mulberry, Hop Tree
 Penalties
 1st conviction $10,000 or $1,000 per tree (whichever is greater)
 Subsequent convictions $25,000 or $2,500 per tree (whichever is greater)
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PRIVATE TREE BY-LAW
LEVEL OF CONTROL
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By-law level of use and number of permit applications received on an annual
basis in other jurisdictions varies greatly and is dependant upon level of
control exercised by the municipality and public awareness / education
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Option 1 – Regulate all private tree removal activities in the City. Greatest
impact on the public and City staff resources required. Costly and difficult to
win court actions in many instances.
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Option 2 – Flexible approach with stronger focus on larger trees and allowing
a number of tree removals without permit requirement. Moderate staff
resource requirements.
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Option 3 – Regulate very large trees only. Would require an additional
woodlot by-law to regulate removal of woodlots prior to development. Minimal
staff resource requirements.
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PRIVATE TREE BY-LAW
LEVEL OF CONTROL
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Preference is for Option 2 – Flexible approach with stronger focus on larger
trees, and allowing a number medium-sized tree removals without permit
requirement.
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Reasons:
Goal to regulate tree removals to maintain and improve City’s canopy cover
Reduces staff resource requirements
Balances private property rights with benefits for the whole community
Greater public acceptance of By-law
Provides opportunities for information gathering and distribution to public
Regulates woodlots by protecting smaller individual trees
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PRIVATE TREE BY-LAW
KEY ELEMENTS OF REVISED BY-LAW
Key Prohibitions:
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(Applicable to all lands within City limits- see Exemptions)
Injury or destruction of more than 3 trees15cm - 30cm DBH in a year without a permit
Injury or destruction of trees >30cm DBH without a permit
All conditions of Permit & supporting documentation must be met
Key Exemptions:
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First 3 trees removed in 15-30 cm DBH range per year, but Notification required
(no cost)
Activities undertaken by a Municipality or Municipal Board
Lands or activities subject to regulation under the Conservation Authorities Act; Crown
Forest Sustainability Act; Surveyor’s Act; Planning Act; Electricity Act; or Aggregate
Resources Act
Trees within a building, solarium, rooftop garden or interior courtyard
Tree Farms, Nurseries, Fruit trees
Dead, diseased or hazardous trees
(requires Notification and an Arborist Report 3 days prior to work)
Emergency work (requires an Arborist report within 3 days after work)
Pruning
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PRIVATE TREE BY-LAW
KEY ELEMENTS OF REVISED BY-LAW
Permit Application Requirements:
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Completed application form (including statement on purpose of injury/destruction and written consent of
adjacent property owner)
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Fees:
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1 to 3 Trees between 15cm DBH and 30cm DBH
4th Tree between 15cm DBH and 30cm DBH
5th or more Trees between 15cm DBH and 30cm DBH
Any Tree over 30 cm DBH
No Fee (Notification Only)
$200
$50 each
$250 per tree
Supporting Documentation
Permits will not be issued if:
– Application requirements not met or Related development application pending approval
– Inconsistent with Endangered Species Act, Migratory Birds Act or an approved Tree Preservation Plan
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PRIVATE TREE BY-LAW
KEY ELEMENTS OF REVISED BY-LAW
Conditions of Permitting:
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Director may impose terms & conditions on Permit, including:
 Arborist Report
 Landscaping and/or restoration plans
 Require supervision of Arborist
 Planting of replacement trees
– Ratio of 3 trees for each tree removed
– Payment for each tree not replanted to Brantford’s Tree Planting Reserve Fund
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PRIVATE TREE BY-LAW
KEY ELEMENTS OF REVISED BY-LAW
Enforcement Controls:
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Authority: Director of Parks and Recreation
Revocation of Permit
– Incorrect, false or misleading information given
– Terms of permit or provisions of by-law not complied with
Cease and Desist Order
– Applicant contravenes By-law or conditions of any associated permits
Inspections (at the Director’s discretion)
Fines
– Single offence: Maximum is $100,000
– Continuing/multiple offences: Maximum is $10,000 per day
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NEXT STEPS
 Receive comments from the public by Tuesday May 25, 2010
 Finalize Draft By-law and prepare study report
 Address implementation issues, i.e. recruitment, training, Public
Information Program and timing (including recommended
phase-in period)
 Present final by-law to Committee of the Whole - June 21,
2010
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Questions?
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