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Report
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Report To: General Government Committee
Date of Meeting: November 27, 2017
Report Number: OPD -011-17 Resolution:#GG-482-17 and #GG -028-18
File Number: By-law Number:
Report Subject: Private Tree Protection
Recommendations:
1. That Report OPD -011-2017 be received;
2. That Council consider the following options to regulate the protection of trees on
private property:
Option 1
That the Municipality continue to follow the existing layers of legislation and
regulations aimed at protecting trees in the rural and urban areas of Clarington;
Option 2
That the Municipality retain a consultant in 2018 to develop an Urban Forest
Management Strategy at an estimated cost of $50,000; or
Option 3
That the Municipality hire a full-time staff person in 2018 at an estimated cost of
$88,500 to develop the Urban Forest Management Strategy in-house and then
continue with the administration and enforcement of the Strategy recommendations.
3. That if Option 2 or Option 3 is selected, Council direct staff to include the necessary
funding in the 2018 budget.
Municipality of Clarington
OPD -011-17
Report Overview
Page 2
The purpose of this report is to provide Council with background information regarding the
development of a private individual tree protection protocol. This report seeks direction from
Council on funding levels to support processes to manage the preservation and protection of
individual trees throughout the Municipality on private property.
1. Background
1.1 At the General Government Committee Meeting held on October 16, 2017, Council
passed Resolution #GG -439-17, directing staff to prepare a report on the possible
amendments to Clarington's Tree By-law 97-35 to regulate the protection of individual
trees.
1.2 Earlier reports on the matter submitted by the Clerk's Department, CLD -013-2016, and
also the Planning Services Department, PSD -055-16, outlined the present way in which
tree protection is addressed by the various layers of legislation and regulations for the
rural and urban areas of Clarington. At a basic level, tree preservation is addressed by
policies in the Official Plan and enforcement is carried out through a combination of the
Ministry of Natural Resources (wetlands), the Conservation Authorities (valleylands), the
Durham Region Tree By-law (for woodlots larger than 1 hectare) and Clarington's Tree
By-law (for woodlots between 0.2 and 1 hectare) south of Taunton Road. In addition, the
Ministry of Environment and Climate Change is responsible for approving projects that
may require tree protection in accordance with the regulations of the Environmental
Assessment Act.
1.3 Tree protection for areas smaller than 0.2 hectares is carried out as part of Clarington's
Planning Act applications that typically occur in urban areas. Environmental Impact
Studies are a requirement used for all types of development whereby the natural heritage
system such as wetlands, valleylands and woodlands may be adversely affected. As part
of the Environmental Impact Study a tree protection plan is a necessary requirement for
the submission of a complete application and a standard requirement for draft subdivision
approval. Through the construction phase, Engineering Department monitors on-site
work for conformity to the approved drawings and tree preservation.
1.4 For trees that are located on public property, including street trees, the analysis of when
they should be removed or retained is presently carried out as part of the Operations and
Engineering Departments mandates. Every effort is made to preserve and/or mitigate
tree removal following conformity with the Environmental Assessment Act, municipal
protocols, the Municipality's Boulevard By-law and also the interest of public safety.
Municipality of Clarington
OPD -011-17
1.5 Subject to the current scope of Clarington's existing Tree By-law and its standard
exemptions, an application for a permit to destroy trees is currently not required:
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1. on lands that are covered by a Woodlot Management Plan approved by a forestry
consultant;
2. where the destruction of trees is necessary to construct a building authorized by a
Municipal building permit or to install a domestic well or sewage disposal system;
3. when the destruction of trees is for the personal use of the land owner, provided
that no more than twenty (20) trees are to be destroyed in any 12 month period,
whereby the destruction of trees will not reduce the number of trees in the woodlot
below a minimum number that would constitute a woodlot as defined in the By-
law; and
4. where the destruction of trees occurs as an integral component of an active farm
operation.
1.6 Clarington's Tree By-law does not currently regulate or protect individual trees on either
public or private lands. This includes development properties once they have been
conveyed by the developer to a private landowner.
2. Proposal
2.1 The significant contribution that urban forests make to the municipal landscape is well
understood. Green infrastructure or urban forests are important as they help to cool our
environment during summer months, improve air quality, reduce noise, increase water
storage and also help to maintain ecosystems. Urban forests are a combination of both
municipal and privately owned trees, they create strong positive effects on the social,
environmental and economic standard of living.
2.2 This initial tree protection review suggests that many larger urban municipalities in
Ontario have recently chosen to enact by-laws with greater restrictions on private tree
removal that extend beyond the protection of trees in environmentally sensitive lands and
woodlots.
2.3 It is understood that no local municipalities in Durham Region have yet introduced these
types of changes into their tree by-laws. As a result, tree protection practices from the
City of Toronto, City of Mississauga, Town of Richmond Hill, City of Markham, Town of
Aurora, City of Kingston, City of Vaughan and the City of Peterborough have been
reviewed. Typical key elements associated with the by-laws from each of these
municipalities include:
Municipality of Clarington
OPD -011-17
Page 4
x The requirement for a permit to remove, cut down or in any way injure a tree of
a pre -determined size and/or species on private property anywhere in the
municipality;
x Additional restrictions that apply to smaller trees for several special interest
areas such as properties that back onto ravines or woodlots;
x Permits are normally not required for pruning or the removal of diseased, dead
or hazardous trees;
x A permit may include conditions that require a replacement tree;
x The application conditions may include the posting of a notice on the resident's
property.
2.4 Although the administration of a private tree protection by-law will require a significant
amount of staff resources to process applications, inspect site conditions, implement
permit conditions and/or enforce non-compliance tree injury or destruction, typical
municipal models demonstrate the potential that a percentage of the program cost may
be recovered through application fees. The process of individual tree protection also
requires a considerable amount of time and expense by the respective landowners.
Typically, the program will require public notification, an application fee and the
completion of an assessment by a professional arborist.
2.5 Revisions to the Tree By-law could strengthen the provisions of the existing by-law
thereby maintaining or increasing the overall coverage of the tree canopy, controlling the
clear cutting of trees and the promotion of good forestry and arboricultural practices that
are necessary to sustain healthy woodlands. They could also address tree protection
before or after the planning application process.
2.6 When enacted on March 1, 2019, the provisions of Bill 68 to Modernize Ontario's
Municipal Legislation Act, 2017, will require the Municipality to establish a policy on "the
manner in which the Municipality will protect and enhance the tree canopy and natural
vegetation in the municipality". It should be understood that staff have already made
changes in Clarington's Official Plan to suitably cover off this future requirement.
3. Financial Implications
3.1 The development of an effective program to protect individual private trees should begin
with the completion of an Urban Forest Management Strategy. The strategy will help to
safeguard many of the benefits provided by trees and also establish a practice to
preserve, renew and enhance this essential resource. Specific goals that may be derived
from the development of a Forest Management Strategy include the following:
Municipality of Clarington
OPD -011-17
x To maintain and enhance a sustainable urban forest.
Page 5
x To maximize the benefits of the urban forest for the well-being of the
community.
x To formalize and enhance the municipality's accountability as a steward,
manager, regulator and promoter of the urban forest,
x To recognize and manage the urban forest as a key element of the
municipality's green infrastructure.
x To preserve and protect the health of the urban forest and prevent
unnecessary damage or removal.
x To identify and recognize significant valuable trees based on historic,
aesthetic, cultural, social and ecological criteria.
x To create a regulatory framework that includes ongoing monitoring and
assessment.
x To increase community awareness of the benefit of trees, encourage
community involvement and create a shared responsibility for the stewardship
of the urban forest.
3.2 A request for funding in the amount of $50,000 for an external consultant to undertake
this study was submitted by the Operations Department as part of the 2017 Current
Budget but was not approved. It is estimated that the same level of funding will be
required in the 2018 Current Budget to complete the Forest Management Strategy.
3.3 It is important to understand that developing a Forest Management Strategy, which may
include recommended changes to the existing Tree By-law 97-35, is only worth pursuing
if the resources are made available to implement the recommendations. Among other
things the implementation of the goals proposed in a Forest Management Strategy could
require additional staff support. As addressed earlier in this report, amendments to the
Tree By-law to protect individual trees on private property will require the processing of
permit applications, the inspection of on-site conditions, the implementation of permits
and/or the enforcement of by-law regulations. It should be noted that this single initiative
represents only one of the expected objectives from the Strategy.
3.4 The staff complement for this mandate is recommended to be a certified arborist that is
also qualified for by-law enforcement. The cost for this type of full-time position is
estimated at $88,500 (base salary plus benefits) in accordance with Clarington's 2017
Municipality of Clarington
OPD -011-17 Page 6
wage rates. As noted earlier, a reasonable percentage of this cost may be recovered
through the permit application fees from those trees that are located on private property.
3.5 As an alternative to the provision of funding for the external consultant to develop the
Forest Management Strategy the project could be assigned to the new staff person. The
task would require the formation of an Urban Forest Committee that would include
various municipal staff, Conservation authorities, a Council representative and a number
of interested members from the public. Under this scenario it would be expected that a
Forest Management Strategy and amendments to the Tree By-law would be ready for
presentation to Council for consideration in early 2019.
3.6 In addition to the development of the Forest Management Strategy the new staff person
could also be assigned the mandate of investigating the estimated 150 work order
requests that are received each year to remove trees located on municipal property.
Many of these requests are brought forward due to safety concerns that include insect
infestations, disease, mortality issues and nuisance matters resulting from the dropping of
seeds, fruit or sap. Approximately 70 of these requests are considered justified thereby
requiring tree removal.
4. Concurrence
4.1 This report was reviewed by the Municipal Clerk, Director of Planning Services, Director
of Engineering Services and the Director of Finance/Treasurer who concur with the
recommendations.
5. Conclusion
5.1 In accordance with Council's direction, staff have undertaken a preliminary review of the
possible amendments that could be introduced into Clarington's Tree By-law 97-35 to
regulate the protection of private individual trees. The By-law revisions and
recommended forest management plan, however, will require the provision of additional
resources in both the short and longer-term horizons to successfully develop and
administer this new level of service.
5.2 Should Council wish to pursue the regulation of privately owned trees, the Operations
Department will work collaboratively with other internal staff and external agencies on the
development of changes aimed at providing Clarington and the community with updated
guidance, procedures, standards, and policies to protect both municipally owned and
private trees.
Municipality of Clarington
OPD -011-17
6. Strategic Plan Application
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6.1 This report contributes to the 2015-2018 Strategic Plan initiative to "Enhance Access to
Our Unique Natural Environment". Concerted efforts by the Municipality to protect
individual private trees will demonstrate action to help improve our relationship with
sustainability and also that of climate change adaptation and mitigation.
Submitted by.
Frederick J. Horvath
Director of Operations
Reviewed by:
Andrew C. Allison, B. Comm, LL.B
CAO
Staff Contact: Stephen Brake, Manager of Operations, 905-263-2291 or
sbrake@clarington.net