HomeMy WebLinkAbout89-213
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 89-218
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being a By-law to regulate the cutting of trees within the Town of Newcastle
WHEREAS Section 313.4 of The Municipal Act, R.S.O. Chapter 302, authorizes that by-laws may be
passed by the Council of a municipality for prohibiting the injuring and destroying of trees;
AND WHEREAS the Town of Newcastle recognizes the significance of the preservation of trees and
vegetation to enhanr.e a better living environment;
AND WHEREAS the Council deems it necessary to have a by-law in place to regulate the cutting of
trees in the Town of Newcastle;
NOW THEREFORE the Council of the Corporation of the Town of Newcastle hereby enacts as follows:
1. Within this By-law, Definitions are as follows:
a) "PERSON" shall mean an individual, corporate entity or other organization and/or
business.
b) "VEGETATION" shall mean a tree, a wood perennial plant, a shrub, and/or bush, or
herb of absorbent form, flowers (annual or perennial), or other form of vegetation.
c) "ENVIRONMENTAL PROTECTION" shall mean land zoned as such in accordance with
the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended.
d) "DEVELOPMENT' shall mean land covered by a development application within the
meaning of The Plannil1g Act.
e) "OFFENCE" shall mean the individual cutting of trees, injuring or destruction of a tree
or other form of vegetation as defined. Where more than one (1) tree or form of
vegetation has been cut, injured or destroyed, a charge will be laid for each tree or other
form of vegetation.
t) "BY-LAW ENFO~ OFFICER" shall mean a person employed by the Town of
Newcastle and appointed for the purpose of enforcing this By-law and all other by-laws
in the Town of Newcastle.
2. No person shall climb, break, peel, cut or deface, remove, qure or destroy the whole or any
part of any tree, or other form of vegetation, grown on any street or public property in the
Town of Newcastle, except where prior written authorization has been obtained from the Town.
Utility Companies are exempt from the provision of this Paragraph.
3. No person shall cut or destroy any tree or other form of vegetation on land zoned
"Environmental Protection"; or on lands designated as "Environmentally Sensitive Area" in the
Ofticial Plan.
4. No person shall cut or destroy any tree on lands that are covered by proposed development
unless otherwise provided for in condition of approval of the development or in a subsequent
development agreement.
5. Every person having destoyed or damaged any tree would be liable for costs assessed under a
formula set by the International Association of Arborists. Failure to make restitution will result
in further legal action being taken pursuant to this By-law.
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6. .All offencesfmfractions reported shall be investigated and enforced by the By-law Enforcement
Officer.
7. Any person found contravening this By-law will be subject to action recoverable under civil
litigation pursuant to the International Association of Arborists Shade Tree Evaluation Formula,
and/or subject to charges laid under this by-law. Person charged shall be liable to a penalty
for each and every charge of a fine of not less than $100.00 and not more than $2000.00
recoverable pursuant to the Provincial Offences Act.
8. Where this By-law makes reference to permission by the Town, it shall mean either, the
Director of Planning and Development, the Director of Public Works, or the Director of
Community Services.
9. This By-law will come into effect and full force upon its final passing by Town Council.
BY-LAW read a first time this 27th day of November, 1989
BY-LAW read a second time this 27th day of November, 1989
BY-LAW read a third time and finally passed this 27th day of November, 1989.
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MAYOR