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HomeMy WebLinkAboutPD-149-96DNANFOREPT.GPTHE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # �° �� (,--e Date: Monday, November 4, 1996 Res. #( WA ° ,S,'3 __g -.. PD- 149 -96 File #: PLN 17.7.1 and PLN 30.7 By -law #. INFORMATION REPORT TREE PRESERVATION BY-LAW AND SITE ALTE FILES: PL -[_ Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 149 -96 be received for information. 1. PURPOSE OF REPORT 1.1 At the April 15, 1996 Council meeting, Council resolved (Resolution #C- 322 -96) that a report be prepared on the possibility of the Municipality passing a tree cutting by -law and a soil removal by -law. The purpose of this Report is to advise Committee and Council of the status of the Planning Department's work on these two by -laws. 2. TREE PRESERVATION BY -LAW 2.1 Both the Trees Act and the Municipal Act permit by -laws to be passed to regulate the cutting of trees. However, the Trees Act permits only upper tier municipal governments to pass such by -laws. In this regard, tree cutting in the Municipality of Clarington, as in the rest of Durham Region, has been regulated by Regional By -law 148 -91. 2.2 The Municipal Act, as amended in 1995 by Bill 163, permits the council of a local municipality to pass by -laws: W REPORT NO.: PD- 149 -96 PAGE 2 • to regulate or prohibit the injuring or destruction of trees specified in the by -law in any defined area or on any class of land; • to require that a permit be obtained for the injuring or destruction of trees specified in the by -law and prescribing fees for the permit; • to prescribe circumstances under which a permit may be issued. 2.3 Planning Department Staff have prepared a draft Tree By -law pursuant to the provisions of the Municipal Act. The draft By -law has been circulated to relevant agencies for comments, including the Conservation Authorities. This circulation has identified a number of issues regarding the draft Tree Preservation By -law which must be resolved prior to bringing the By -law forward for Committee and Council's consideration. 2.4 The most significant issues regarding the draft Tree Preservation By -law are as follows: • Area of Application Given Clarington's size and limited staff resources, it is unrealistic to attempt to regulate all tree cutting everywhere in the Municipality. The focus of the draft Tree Preservation By -law, as prepared by Staff, is the protection of woodlots and trees in specific areas of the Municipality under the greatest threat. This includes near -urban and urban areas, hamlets, portions of the Lake Iroquois Beach, and wetlands. As such, Staff are refining the draft Tree Preservation By -law to clearly define the areas of applicability within the Municipality. • Administration Administration of the By -law would involve the review of applications to remove trees and the granting of tree cutting permits. Staff are confident that these matters could largely be handled by existing municipal staff with some additional training. There may be some situations where the services of a forester will be required. Staff are discussing the matter of Staff training with the York Region forester who is 635- REPORT .D_ PAGE 3 preparing a training course for tree by -law officers on behalf of the Ministry of Natural Resources. Enforcement The effective enforcement of the By -law (such as the collection of evidence where violations of the By -law occur, and the presentation of expert testimony in court or before the Ontario Municipal Board) will require professional expertise which is currently not available "in- house ". The Ministry of Natural Resources no longer has a forester available to assist Municipal Staff in tree by -law matters. Staff are currently investigating various alternatives by which the appropriate expertise to effectively enforce a Tree Preservation By -law could be obtained by the Municipality. These options include: • additional in -depth training for appropriate Municipal Staff; • retaining a Registered Professional Forester on contract; • designating forestry technicians employed by the Central Lake Ontario Conservation Authority as By -law Enforcement Officers for the purposes of the Tree Preservation By -law. With respect to appointing CLOCA staff as enforcement officers, Staff note similar arrangements have been made between CLOCA and the Region of Durham for the enforcement of parking regulations along some Regional roads. Cost Recovery and Permit Fees Staff are reviewing the various means by which the costs related to administration and enforcement of a Tree Preservation By -law could be recovered, including permit fees. 2.5 Clarington is one of the first municipalities in Ontario to prepare a Tree Preservation By -law under the revised provisions of the Municipal Act. As such, there are few examples that Staff can draw upon to assist in the resolution of REPORT NO.: PD- 149 -96 PAGE 4 these issues. However, Staff anticipate being able to successfully address these issues soon and bring the draft Tree Preservation By -law forward for Committee and Council's consideration in the near future. 3. SITE ALTERATION BY -LAW 3.1 The preparation of a by -law to regulate site alteration involves the issues of topsoil removal, grading and the placing or dumping of fill. In this regard, Staff previously reported on the issue of a topsoil removal by -law. Staff Report PD -151- 93, considered by Committee at its November 1, 1993 meeting, noted that the Topsoil Preservation Act gives municipalities the authority to pass by -laws to regulate or prohibit the removal of topsoil. The Report noted the numerous exemptions within the Act and the difficulty of enforcing a topsoil removal by -law. The Report's recommendation that the Municipality not proceed with a topsoil removal by -law was approved by both Committee and Council. 3.2 However, the recent amendments to the Municipal Act through Bill 163 provide the council of a local municipality the authority to pass by -laws: • to prohibit or regulate the placing or dumping of fill, and the alteration of the grade of land, in any defined area or on any class of land; • to require that a permit be obtained for these activities; • to prescribe conditions under which grading or the placing or dumping of fill may be carried out under a permit; • to require grading, filling or dumping plans acceptable to the municipality as a condition of issuing a permit; • to require that sites altered by the placing of fill or by grading, contrary to a by -law or a permit, be restored. 3.3 Staff note that regulations respecting the placing and dumping of fill made under the Conservation Authorities Act would supersede any provisions of a site alteration by -law approved by Council. As such, the municipal by -law will need 637 REPORT NO.: PD-149-96 PAGE a to be coordinated with the regulations of the relevant Conservation Authorities. 3.4 Planning Department Staff are currently preparing a site alteration by -law. Through the new powers given to municipalities to regulate site grading and the placement or dumping of fill, we are hopeful that such a by -law could cover such matters as topsoil removal. There are a number of issues which must be resolved prior to bringing forward a draft by -law for the consideration of Committee and Council. As with the Tree Preservation By -law, these issues include the area of application, administration and the enforcement of the by -law. Respectfully submitted, JAS *DC *FW *df 24 October 1996 Reviewed by, � W.H. Stockweft Chief Administrative Officer 638