HomeMy WebLinkAbout97-35 at'J cY
y-LAW#
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 97-35
being a by-law to prohibit or regulate the destruction of trees in the Municipality of
Clarington.
WHEREAS Section 223.2 of the Municipal Act, R.S.O. 1990, provides Council with the
authority to pass by-laws for prohibiting or regulating the injury or destruction of trees or
any class of trees specified in the by-law in any defined area or any class of land, and 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, and to prescribe conditions under which a permit
may be issued;
AND WHEREAS Section 4.7.5 of the Municipality of Clarington Official Plan states that the
Municipality will pursue a variety of mechanisms to achieve the preservation of woodlots,
including the enactment of a Tree Preservation By-law under the Municipal Act;
NOW THEREFORE the Council of the Corporation of the Municipality of Clarington
enacts as follows:
SECTION 1 TITLE OF BY-LAW
This By-law may be cited as the "Woodlot Preservation By-law".
SECTION 2 DEFINITIONS
For the purposes of this By-law, the following definitions shall apply:
"APPLICANT" shall mean the land owner who submits an Application under this By-law;
"APPLICATION" shall mean the application form to destroy trees attached to this By-law
as Schedule "B";
"CHRISTMAS TREE FARM" shall mean land where coniferous trees are grown and
maintained for sale as Christmas trees;
"CLERK' shall mean the Clerk of the Corporation of the Municipality of Clarington;
"DBH" shall mean 'diameter breast height', and refers to the diameter of the stem of a tree
measured at a point 1.3;metres above ground level;
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"DESTROY" shall mean�e removal, harm or ruin of trees by cutting, burning, uprooting,
chemical application or her means;
"DIRECTOR" shall mean the Director of Planning and Development for the Municipality
of Clarington;
"DISEASE" shall mean any disease or injury of a tree that is caused by a vertebrate or
invertebrate animal, virus, fungus, bacterium, or other organism, or any combination
thereof;
"EMERGENCY WORK" shall mean any work necessary to protect lives or property, and
may include utility repairs and structural repairs to a building;
"FARM OPERATION" shall mean an agricultural or horticultural operation that is carried
on in expectation of gain or reward, and includes the cultivation of land, the raising of
livestock and poultry, the production of agricultural crops and maple syrup production;
"FARMER" shall mean an individual, family or designated representative involved with or
responsible for the management of a farm operation;
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"FOREST TECHNICIAN"shall mean a graduate of a two year diploma-based program who
possesses a broad range of skills related to silviculture, forest health, plant taxonomy,
inventory and data collection, and analysis related to forest values;
"FOREST TECHNOLOGIST"shall mean a graduate of a three year diploma-based forestry
program who possesses a broad range of skills similar to that of a forest technician but with
advanced or specialized training in several forest applications;
"FOREST/WILDLIFE ECOLOGIST" shall mean a person specializing in the assessment of
a range of ecosystem functions,including:wildlife habitat disruptions;habitat for vulnerable,
threatened and endangered species; vegetation species and community descriptions;
assessment of significance relative to landscape representation and diversity; identification
of the forest's role in the larger landscape mosaic, such as corridor linkage function;and the
general description of surficial groundwater recharge and discharge functions of the forest;
"FORESTRY CONSULTANT" shall mean a Forest Technician, a Forest Technologist, a
Forest/Wildlife Ecologist, or a Professional Forester as defined by this By-law;
"GOOD FORESTRY PRACTICE"shall mean the proper implementation of harvest,renewal
and maintenance activities known to be appropriate for the woodlot and the environmental
conditions under which it is being applied and which minimize detriments to woodlot values,
including: significant ecosystems, important fish and wildlife habitat, soil and water quality
and quantity, woodlot productivity and health, and the aesthetic and recreational values of
the landscape. Good forestry practice includes the clearing and thinning of trees for the
purposes of stimulating tree growth and improving the quality of the woodlot without
permanently breaking the canopy; the cutting and removal of hazardous, severely damaged,
diseased and insect-infested trees in order to prevent injury, damage, contamination or
infestation of other trees; and the cutting or removal of trees which no longer contribute
to the achievement of woodlot values;
"HARVESTING" shall mean the destruction of trees and may be either a single cut or a
series of cuts, and shall have the same meaning as logging;
"INFESTATION" shall mean an actual or potential infestation or infection by a forest tree
pest or pests as defined under the Forest Tree Pest Control Act, R.S.O. 1990;
"LANDSCAPE FARM" shall mean land where young trees or other plants are grown for
transplanting or for sale;
"NATURAL AREA" shall mean lands which are intended to remain in their natural state due
to the presence of significant or sensitive natural features or functions, and shall include
valleylands, ravines and contiguous forested areas, wetlands, and groundwater
recharge/discharge areas;
"MUNICIPALITY" shall mean the Corporation of the Municipality of Clarington;
"OFFICER"shall mean an Officer appointed and designated by Schedule"G" to this By-law;
"OFFICIAL PLAN" shall mean the Official Plan of the Municipality of Clarington, as
amended;
"OWNER" shall mean the person identified in the most recent municipal assessment roll as
the owner of the land subject of an application under this By-law, pursuant to subsection
14 (1) of the Assessment Act, R.S.O. 1990;
"PERMIT" shall mean the written authorization from the Director to destroy trees as
provided in Schedule "E" to this By-law;
"PERSON"shall mean an individual, a corporation and the heirs, executors, administrators,
or other legal representatives of a person to whom the context can apply according to law;
"PERSONAL USE" shall mean the use of destroyed trees by the land owner for such
purposes as firewood or lumber, but shall not include the sale of the wood for commercial
purposes;
"PROFESSIONAL FORESTER" shall mean a Registered Professional Forester as defined
by the Ontario Professional Foresters Association Act, 1957;
"SILVICULTURE" shall mean a tree management process which implements good forestry
practices to control the establishment, composition and growth of trees;
"TREE"shall mean any species of single-stemmed perennial woody plant,which has reached
or can reach a height of at least 6 metres at physiological maturity;
"TREE CUTTING CONTRACTOR" shall mean any person who enters into a contract with
the Applicant for the purposes of destroying trees;
"WOODLOT" shall mean an area 0.2 ha in area or greater having not less than:
(i) 200 trees of any size in a 0.2 hectare area;
(ii) 150 trees measuring more than 5 centimetres dbh in a 0.2 hectare area;
(iii) 100 trees measuring more than 12 centimetres dbh in a 0.2 hectare area; or
(iv) 50 trees measuring more than 20 centimetres dbh in a 0.2 hectare area;
but shall not include:
(v) an orchard, as defined pursuant to subsection 19 (9) of the Assessment Act,
R.S.O. 1990;
(vi) a Christmas Tree farm; or
(vii) a landscape farm;
that is being actively managed and harvested for the purposes for which it was planted. The
spatial extent of any woodlot shall be defined according to its ecological limits as
determined by a forestry consultant, and not according to property boundaries or other
natural or man-made features which may divide the woodlot;
"WOODLOT MANAGEMENT PLAN" shall mean a plan for a woodlot prepared by a
forestry consultant according to guidelines set by the Ministry of Natural Resources or other
recognized guidelines, which sets out objectives and management practices to ensure the
sustainability of the woodlot.
SECTION 3 SCOPE OF BY-LAW
3.1 AREA OF APPLICATION OF BY-LAW
The provisions of this By-law shall apply to:
(i) all lands defined as "woodlots" by Section 2 of this By-law;
(ii) any tree within lands designated"Environmental Protection Area" on Map A
of the Official Plan; and
(iii) any tree within 120 metres of a wetland as identified on Map C of the Official
Plan;
located within the area of the Municipality identified on Schedule "A" to this By-law.
3.2 EXEMPTIONS
The provisions of this By-law do not apply to:
(i) activities or matters undertaken by the provincial or federal government or
their agents or Ontario Hydro;
(ii) activities or matters authorized under the Crown Forestry Sustainability Act,
1994;
(iii) activities or matters prescribed by regulation by the Lieutenant Governor in
Council;
(iv) activities or matters under the Forest Tree Pest Control Act, R.S.O. 1990;
(v) activities carried out pursuant to a Certificate issued under the Abandoned
Orchard Act, R.S.O. 1990;
(vi) activities carried out under the Aggregate Resources Act, R.S.O. 1990;
(vii) waste disposal sites approved pursuant to Part V of the Environmental
Protection Act, R.S.O. 1990;
(viii) activities undertaken by a public utility pursuant to the Public Utilities Act,
R.S.O. 1990;
(ix) works undertaken by the Municipality or the Regional Municipality of
Durham;
(x) works authorized under a subdivision or site plan agreement with the
Municipality;
(xi) activities undertaken by Conservation Authorities on lands owned by the
Authority; or
(xii) the destruction of trees due to emergency work authorized by the Chief
Building Official or the Director of Public Works.
3.3 COMPLIANCE WITH OTHER STATUTES AND BY-LAWS
In the event of any conflict between the provisions of this By-law and the provision
of a by-law passed under the Trees Act, R.S.O. 1990, the provision that is the most
restrictive of the destruction of trees prevails.
3.4 INTERPRETATION
In this By-law, unless the context otherwise requires, words imparting the singular
number shall include the plural and words imparting the masculine gender shall
include the feminine and vice versa.
SECTION 4 GENERAL PROVISIONS
4.1 No land owner shall cause or permit, on any of his lands designated in Section 3.1
of this By-law, the destruction of any tree without a Permit, unless otherwise
permitted by this By-law.
4.2 No owner shall cause or permit the unnecessary destruction of trees during
harvesting or while conducting renewal or maintenance activities required under
good forestry practices.
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4.3 No person shall contravene the terms of a Permit issued under this By-law or the
conditions attached thereto.
4.4 No person shall fail to comply with an Order issued under this By-law.
4.5 No person shall remove, pull down, or deface any Order in the form set out in
Schedule "F" to this By-law after the Officer has caused it to be placed in a
prominent position on any lands, except with the written consent of the Officer.
4.6 No person shall obstruct an Officer or a person acting under the Officer's
instructions who is carrying out an inspection under this By-law.
4.7 Any person who contravenes Section 4.6 is guilty of an offence.
SECTIONS ADMINISTRATION AND ENFORCEMENT
5.1 ADMINISTRATION
5.1.1 The Director is responsible for the administration of this By-law and is hereby
delegated the authority to receive applications and the required fees, and to issue
permits and to attach conditions thereto in accordance with this By-law.
5.2 ENFORCEMENT
5.2.1 The enforcement of this By-law is the responsibility of the Officers appointed and
designated by Schedule "G" to this By-law.
5.3 TRAINING AND CERTIFICATION
5.3.1 The Director shall ensure that each Officer is properly trained to perform his duties.
5.3.2 The Director shall issue a Certificate of Designation to every Officer in the form
prescribed in Schedule "H" to this By-law.
SECTION 6 APPLICATION FOR PERMIT TO DESTROY TREES
6.1 SUBMISSION OF APPLICATION
6.1.1 Every owner who intends to destroy a tree where a Permit to do so is required by
this By-law shall first complete the Application as set out on Schedule "B" to this By-
law. The completed Application shall be delivered personally or forwarded by pre-
paid first class mail to the Director at least forty-five (45) days prior to the
destruction of any trees.
6.2 OWNER'S AUTHORIZATION
6.2.1 Where there is more than one owner of the land subject of the Application, only one
owner shall be considered the Applicant. The other land owners shall complete the
Authorization Form as set out on Schedule"C"to this By-law. The Application shall
not be considered completed until such time as Authorization Forms from all owners
of the subject land have been submitted.
6.3 FEES
6.3.1 Any Application submitted to the Director shall be accompanied by the prescribed
non-refundable fees as set out in Schedule"D" to this By-law. The Application shall
not be considered completed until such time as the required fee is submitted to the
Director.
6.4 TREE CUTTING CONTRACTOR
6.4.1 Where the work authorized by a Permit is to be undertaken by a Tree Cutting
Contractor other than that indicated on the Application, said new Contractor shall
sign the Application submitted by the Applicant.
6.5 ADDITIONAL INFORMATION
6.5.1 Where, in the opinion of the Director, additional information is necessary, the
Director may require the Applicant to be responsible for submitting a report, to be
prepared by a forestry consultant, respecting the reasons for the proposed
destruction of the trees.
6.5.2 In the event that a report is required pursuant to Section 6.5.1, the Application shall
not be considered completed until such time as the requested report is submitted to
the Director.
6.6 CONSULTATION
6.6.1 Following receipt of an Application, the Director may confer with staff of the
Ministry of Natural Resources or the relevant Conservation Authority, or with a
forestry consultant with respect to the Application, whether or not a Permit should
be issued, and any conditions thereto.
6.7 INSPECTION
6.7.1 Following receipt of an Application, an Officer and any person acting under the
Officer's instructions may inspect the lands and shall make his recommendation to
the Director as to whether or not a Permit should be issued having regard to the
criteria set out in Sections 7.1, 7.2 and 7.3 and if so, under what conditions, if any,
the destruction of any tree may be carried out under the Permit, having regard to
Section 7.5 of this By-law.
SECTION 7 PERMITS
7.1 PERMIT NOT REQUIRED
7.1.1 A permit for the destruction of trees shall not be required where:
(i) the destruction of trees is on lands covered by a Woodlot Management Plan
approved by a forestry consultant, provided that such work is undertaken in
accordance with good forestry practice and the Woodlot Management Plan;
(ii) the destruction of trees is necessary to construct a building authorized by a
Municipal building permit or to install a domestic well or a sewage disposal
system authorized by a certificate of approval issued pursuant to Section 76
of the Environmental Protection Act, R.S.O. 1990, provided that the total
area from which trees are cleared will not exceed 0.4 hectares; or
(iii) 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, the trees are destroyed in accordance with good forestry practice, and
the destruction of trees will not reduce the number of trees in the woodlot
below the minimum number of trees necessary to constitute a woodlot as
defined by this By-law.
7.1.2 In addition to the provisions set out in Section 7.1.1, a farmer is not required to
obtain a permit for the destruction of trees where:
(i) the destruction of trees occurs as an integral component of an active farm
operation; or
(ii) the lands to be cleared form part of an active farm operation, the land has
Class 1 to 3 soils as defined by the Canada Land Inventory of Soil Capability
for Agriculture, agricultural yield or productivity would be increased, and the
lands are designated as "Prime Agricultural Area", "General Agricultural
Area", "Green Space" or "Waterfront Greenway" by the Official Plan, .
7.1.3 Where the destruction of trees is to be undertaken in accordance with the provisions
of Section 7.1.1 (i), the owner shall provide a copy of the Woodlot Management Plan
to the Director if requested in writing to do so by either the Director or an Officer.
7.1.4 Where the destruction of trees is to be undertaken in accordance with the provisions
of Section 7.1.2 (ii), the farmer shall advise the Director, either verbally or in writing,
of the location and area of the trees to be destroyed prior to the destruction of trees
occurring.
7.2 ISSUANCE OF PERMIT
7.2.1 A Permit to destroy a tree may be issued where:
(i) the destruction of trees is in accordance with good forestry practice as
certified in writing by a forestry consultant; or
(ii) the destruction of trees would permit the establishment or expansion of a use
permitted by the Official Plan and the Comprehensive Zoning By-law,
provided that the Director is satisfied that the intent of the Official Plan and
this By-law is maintained, and that a report has been prepared by a forestry
consultant indicating that there is no alternative to the destruction of the
trees.
7.3 PROHIBITIONS
7.3.1 The issuance of a Permit under this By-law shall not be authorized where:
(i) an Application required under this By-law has not been submitted in full or
the required fee has not been paid;
(ii) a report as required by the Director pursuant to Section 6.5.1 or Section 7.2.1
(ii) of this By-law has not been submitted or, in the opinion of the Director,
is not satisfactory;
(iii) an application for subdivision approval or consent related to lands on which
the tree is located has been submitted to the Regional Municipality of
Durham and has not received Draft Approval;
(iv) a Rezoning application, an application for Site Plan Approval, and/or an
application to amend the Clarington Official Plan or the Durham Region
Official Plan related to the lands on which the tree is located has been
submitted to the Municipality and/or the Region of Durham, and has not
received final approval;
(v) the tree is an endangered species as defined in the Endangered L Species Act,
R.S.O. 1990;
(vi) flood or erosion control, or the ecological integrity of a natural area, will be
negatively affected as determined by the staff of the Ministry of Natural
Resources or the relevant Conservation Authority; or
(vii) the destruction of trees will not be in accordance with good forestry practices
as determined by a forestry consultant or an Officer designated by Schedule
"G" to this By-law.
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7.4 DURATION OF PERMIT
7.4.1 Any Permit approved in accordance with this By-law shall be issued in the name of
the Applicant and shall expire a maximum of nine (9) months after the date of
issuance.
7.5 CONDITIONS OF PERMIT
7.5.1 Conditions may be attached by the Director to the Permit to be issued and may
include the following considerations:
(i) the species, size, number and location of replacement trees to be planted by
the applicant;
(ii) the date by which any replacement trees are to be planted; and/or
(iii) the maintenance and care of any replacement trees.
7.6 PERMIT EXTENSION
7.6.1 The Director may extend the expiration date of a Permit if a written request for an
extension is received by the Director a minimum of three (3) working days before
the date the Permit expires. Any request for a Permit extension which is received
after this time may require the submission of a new Application.
7.6.2 In considering whether or not to grant a request to extend a Permit, the Director
shall take the following matters into account: to what extent the work authorized by
the Permit has occurred, and to what extent the conditions of the Permit have been
adhered to. In no case however, shall the Director extend a Permit so that the
Permit remains in effect for more than one (1) year from the original date of its
issuance.
7.7 REMOVAL OF ADDITIONAL TREES
7.7.1 When the Applicant wishes to remove additional trees not authorized by a Permit,
he shall provide in writing to the Director, the information regarding the additional
trees to be removed as required by Paragraphs 2 through 9 inclusive of the
Application, at least five (5) working days prior to the commencement of the
additional work. The Director may modify the conditions of the existing Permit to
allow the destruction of the additional trees or require the Applicant to submit a new
Application under this By-law.
SECTION 8 APPEAL TO THE ONTARIO MUNICIPAL BOARD
8.1. An Applicant may appeal to the Ontario Municipal Board:
(i) if the Director refuses to issue a Permit, within thirty (30) days after the
refusal;
(ii) if the Director fails to make a decision on an Application, within forty-five
(45) days after the completed Application is received by the Director; or
(iii) if the Applicant objects to a condition in the Permit, within thirty (30) days
after the issuance of the Permit.
8.2 The Ontario Municipal Board may make any decision that the Director who received
the Application for a Permit could have made.
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SECTION 9 NON-COMPLIANCE WITH BY-LAW
9.1 POWERS OF INSPECTION
9.1.1 For the purposes of conducting an inspection to determine compliance with this By-
law, an Officer and any person acting under the Officer's instructions may, during
daylight hours and upon producing the Certificate of Designation, enter and inspect
any lands but not buildings to which this By-law applies.
9.2 ISSUANCE OF ORDER
9.2.1 Where an Officer is satisfied that a contravention of this By-law or a Permit issued
under this By-law including any of the conditions attached thereto, has occurred, the
Officer may make an Order containing:
(i) the name of the person to whom the Order is directed;
(ii) the municipal address and/or legal description of the lands;
(iii) a statement that the lands have been inspected on a certain date;
(iv) reasonable particulars of the contravention of this By-law or a Permit issued
under this By-law including conditions attached thereto;
(v) a statement that the destruction of trees is ordered stopped forthwith;
(vi) a statement that there must be compliance with the By-law or a Permit issued
under this By-law, including any conditions thereto;
(vii) set out the time period within which there must be compliance with the terms
of the Order;
(viii) notification to the person to whom the Order is directed that they have the
right of appeal to Council in accordance with Section 10.1 of this By-law and
advise as to the last date such appeal can be made; and
(ix) a statement that, in the event that no appeal is taken, the Order shall be
deemed to be confirmed.
9.3 SERVICE OF ORDER
9.3.1 An Order issued under Section 9.2 shall be served personally to the land owner and,
if applicable, to the Tree Cutting Contractor. If said Order cannot be served
personally, the Order shall be served by sending it by pre-paid registered mail to the
last known address of the land owner and, if applicable, the Tree Cutting Contractor.
9.3.2 The Officer shall also place a placard containing the terms of the Order in a
conspicuous place on the affected lands. Where service to the land owner and/or the
Tree Cutting Contractor cannot reasonably be affected under Section 9.3.1, the
placing of the placard on the affected lands in accordance with this section shall be
deemed to be sufficient service of the Order on the person to whom the Order is
directed.
SECTION 10 APPEAL OF ORDER
10.1 APPEAL TO COUNCIL
10.1.1 Where the person to whom the Order is directed has been served in accordance with
this By-law is not satisfied with the terms of the Order, the person may appeal to
Council by filing notice of appeal by personal service or pre-paid registered mail to
the Clerk within 30 days after the date of the Order.
10.2 HEARING BEFORE COUNCIL
10.2.1 Where an appeal has been filed, Council shall hear the appeal as soon as is
practicable.
10.3 NOTICE OF HEARING
10.3.1 Before conducting a hearing under Section 10.2, the Clerk shall give notice to such
persons or direct that notice be given to such persons as the Clerk considers should
receive notice and in the manner directed by the Clerk.
10.4 POWERS OF COUNCIL
10.4.1 After hearing an appeal, Council may confirm, modify or revoke any Order issued
under this By-law provided that, in the opinion of Council, the general intent and
purpose of this By-law and the Official Plan have been maintained. The decision of
Council shall be final and binding.
10.4.2 The Order issued under Section 9.2 shall be final and binding:
(i) upon the time expiring for appeal to Council and there being no appeal; or
(ii) in the event there is an appeal to Council and upon Council confirming or
modifying the Order, the person upon whom the Order is final and binding
shall comply with the terms or conditions of the Order within the time and
in the manner specified in the Order.
SECTION 11 PENALTIES FOR NON-COMPLIANCE WITH BY-LAW
11.1 Any person who contravenes any provision of this By-law or an Order as confirmed
or modified by Council is guilty of an offence and on conviction is liable:
(i) on a first conviction, to a fine of not more than $10,000.00, and
(ii) on any subsequent conviction, to a fine of not more than $20,000.00.
11.2. Where a person is convicted of an offence under this By-law, in addition to any other
remedy or any penalty imposed by the By-law, the court in which the conviction has
been entered, and any court of competent jurisdiction thereafter,may make an order
prohibiting the continuation or repetition of the offence by the person convicted or
any other person.
11.3 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 replant or have replanted such trees in such manner and within
such a period of time as the court considers appropriate, including any silvicultural
treatment necessary to re-establish the trees or have the trees re-established.
SECTION 12 VALIDITY OF BY-LAW
12.1 Where a court of competent jurisdiction declares any section or part of a section of
this By-law to be invalid, the remainder of this By-law shall continue in force unless
the court makes an order to the contrary.
SECTION 13 EFFECTIVE DATE OF BY-LAW
13.1 This By-law shall come into force and take effect on the day of enactment by
Council.
SECTION 14 SCHEDULES
14.1 Schedules "A", "B", "C", "D", "Elf, "F, "G" and "H" attached hereto shall form part of
this By-law.
By-law read a first and a second time this 14th day of April ,1997
By-law read a third time and finally passed this 14th day of April ,1997.
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SCHEDULE "B" TO BY-LAW NO. 97-35
APPLICATION TO DESTROY TREES
1. Land Owner (List all owners - Use additional sheets if necessary)
Name:
Address:
Postal Code:
Telephone No: Home Business
Fax No:
2. Tree Cutting Contractor
Name:
Address:
Postal Code:
Telephone No: Fax No.:
3. Description of Land
Lot: Concession: Township:
Municipal Street Address:
4. Information on Property and Tree/Woodlot
Attach proper drawings and survey showing
• limits of land owner's property
• adjacent roads
• man-made features on the property such as fence lines, rail lines, and buildings
• natural features such as streams and wetlands
• location, extent and size of woodlot where trees are to be destroyed
Describe the trees to be destroyed
• number
• species
• size (dbh)
o approximate age
• location on property
Describe the type of woodlot
Mixed Wood
Conifer Plantation (Red Pine, etc.)
Other Describe
5. Time Period
Expected Starting Date:
Expected Completion Date:
6. Has the Ministry of Natural Resources or a forestry consultant marked this
tree/woodlot for destruction?
No Yes
Name:
Address:
Telephone: Fax:
7. Describe the purpose or reason for the tree destruction and the method of
destruction (i.e. cutting, burning, etc.)
8. A copy of any report prepared by a forestry consultant respecting the destruction of
trees subject of this Application shall accompany this Application.
9. Where the Tree Cutting Contractor is different from the Applicant, a copy of any
contract between the Applicant and the Tree Cutting Contractor respecting the
destruction of trees subject of this Application shall accompany this Application .
10. AFFIDAVIT OF APPLICANT
The Applicant must be the owner of the lands. If there are multiple owners, only
one owner shall be considered the applicant and shall complete this Section.
Authorization from all other owners of the land regarding this Application, as set out
in Schedule "C" to this By-law, shall be attached to this Application.
I,
of the
in the Region/County of
being the registered owner of the lands subject of this Application, solemnly declare that
all of the above statements contained in this Application are true, and I make this solemn
declaration conscientiously believing it to be true, and knowing that it is of the same force
and effect as if made under oath, and by virtue of "The Canada Evidence Act". I agree
that the work to destroy trees will be conducted in accordance with the Municipality of
Clarington By-law No. 97-35, and that I am familiar with the contents and requirements of
that By-law and acknowledge having received a copy thereof. I also agree to allow the
Municipality of Clarington,its employees and agents to enter upon the subject lands for the
purposes of conducting any inspections that may be necessary to this Application.
Declared before me at the
in the Region/County of
this day of , 199
A Commissioner of Oaths Owner
To Be Completed by Tree Cutting Contractor (if different from Applicant)
I agree that the work to destroy trees on the property owned by
and municipally known as
will be conducted in accordance with the Municipality of Clarington By-law No. 97-35 and
the Permit issued under that By-law to the owner of the land. I also agree that I am
familiar with the contents and requirements of By-law 97-35 and the Permit issued pursuant
to it, and acknowledge having received a copy of both the By-law and the Permit. In signing
this Application, I also agree that I am acting with the full authority and permission of the
land owner and on his/her behalf.
Name:
Signature:
Dated at this day of , 19
NOTICE TO APPLICANT
You may appeal to the Ontario Municipal Board:
1. If the Director refuses to issue a Permit, within thirty (30) days after the refusal;
2. If the Director fails to make a decision on an Application,within forty-five (45) days
after the completed Application is received by the Director; or
3. If a Permit is issued, but you object to a condition in the Permit, within thirty (30)
days after the issuance of the Permit.
Notice of Appeal should be mailed or delivered to:
Ontario Municipal Board
Suite 1500
655 Bay Street
Toronto, Ontario
M5G 1E5
The cost of the appeal (presently $125.00 with each related appeal being an additional
$25.00) shall be payable by cheque made payable to the MINISTER OF FINANCE and
must accompany the Notice of Appeal.
SCHEDULE "C" TO BY-LAW 97-35
LAND OWNER'S AUTHORIZATION FORM
I,
Name of Land Owner (Please print or type)
being one of the registered owners of the subject lands, hereby authorize
Name of Applicant (Please print or type)
to prepare and submit this application on my behalf.
Signature day month year
w '
SCHEDULE 'D" TO BY-LAW 97-35
APPLICATION FEES
The following fees shall be payable for applications submitted pursuant to Section 6 of By
97-35:
1. The destruction of trees in a woodlot 2 ha in area or less $25.00
2. The destruction of trees in a woodlot greater than 2 ha in area $50.00
3. The destruction of trees on lands designated 'Environmental
Protection Area" on Map A of the Official Plan, or located
within 120 metres of a wetland identified on Map C of the
Official Plan $75.00
In the event that more than one fee is applicable, the Applicant shall only pay the greater
of the applicable fees.
At
SCHEDULE "E" TO BY-LAW NO. 97-35
PERMIT TO DESTROY TREES
PERMIT NO.
PERMIT ISSUED TO:
Name:
(Applicant)
Address:
Postal Code:
Telephone No: Home Business
Fax No:
DESCRIPTION OF LAND
Lot: Concession: Township:
Municipal Street Address:
DESCRIPTION OF WORK AUTHORIZED BY THIS PERMIT
TREE CUTTING CONTRACTOR
Name:
Address:
CONDITIONS
1. The unnecessary destruction of any tree not authorized by this Permit is hereby prohibited. This Permit
shall be null and void in the event that the destruction of trees not authorized by this Permit occurs.
2. Upon completion of the removal and/or harvesting of destroyed trees, specified trees shall be replanted
in accordance with replanting plans approved by the Director.
3. All requirements of a Woodlot Management Plan, as approved by a forestry consultant and as approved
by the Director, shall be complied with.
4. The destruction of trees and any required clean-up or re-planting plans authorized or required by this
Permit shall be complied with on or before the expiration of this Permit.
5. This Permit shall be null and void if the work or a portion of the work authorized by this Permit is
undertaken by a Tree Cutting Contractor other than that indicated on the Application To Destroy Trees.
SCHEDULE "F" TO BY-LAW NO. 97-35
ORDER
PURSUANT TO SECTION 9 OF BY-LAW NO. 97-35
OF THE MUNICIPALITY OF CLARINGTON
Issued To:
(Jrder Na:
Address:
EELands-
An aq of
inspection of the lands named herein on da month/,year has disclosed that the
conditions of Permit No. issued on day/monthZym by the Director have not been
complied with and/or Section_ of By-law No. 97-35 has been violated.
THEREFORE TAKE NOTICE THAT the destruction of trees on these lands is hereby
Ordered stopped forthwith.
AND FURTHER TAKE NOTICE that the destruction of trees shall not resume without
written approval of an Officer and unless the provisions of this By-law or the conditions
attached to Permit No. are complied with on or before day/�yM,
AND FURTHER TAKE NOTICE that if you are not satisfied with the terms of this Order,
you may appeal to Council by sending notice of appeal by personal service or by pre-paid
registered mail to the Clerk of the Municipality of Clarington within 30 days of the date on
this Order.
AND FURTHER TAKE NOTICE that in the event that no appeal is taken the Order shall
deemed to have been confirmed.
Section 4.5 of By-law No. 97-35 states:
"No person shall remove, pull down, or deface any Order in the form set out in Schedule
"F" to this By-law after the Officer has caused it to be placed in a prominent position or any
lands except with the consent of the Officer".
F very person who contravenes any portion of this By-law or an Order issued
ursuant to this By-law is guilty of an offence or on conviction pursuant to the
ovisions of subsection 223.3(15) of the Municipal Act R.S.O. 1990, is liable;
(a) on a first conviction, to a fine of not more than $10,000.00 and
(b) on any subsequent conviction, to a fine of not more than $20,000.00.
Date Officer
SCHEDULE "G" TO BY-LAW NO. 97-35
APPOINTMENT AND DESIGNATION OF OFFICERS
The following persons are appointed as Officers for the purposes of enforcing Municipality
of Clarington By-law No. 97-35:
1. Mr. Leonard Creamer, Senior Municipal Law Enforcement Officer, Municipality of
Clarington
2. Ms. Teresa Mason, Municipal Law Enforcement Officer,Municipality of Clarington
3. Ms.Janice Auger Szwarz, Senior Planner, Community Planning Branch,Municipality
of Clarington
e
r. w
. SCHEDULE "H" TO BY-LAW NO, 97.35
CERTIFICATION OF OFFICERS DESIGNATED UNDER
MUNICIPALITY OF CLARINGTON BY-LAW 97-35
(Crest)
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CERTIFICATE OF DESIGNATION
(Issued pursuant to Section 223.2 (8) of the
Municinal Act, R.S.O. 1990
THIS CERTIFIES THAT:
IS DESIGNATED AN OFFICER UNDER THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 97-35 TO INSPECT ANY LAND IN THE MUNICIPALITY OF
CLARINGTON TO ENFORCE THE AFORESAID By_LAW AND ITS REGULATIONS
RESPECTING THE DESTRUCTION OF TREES IN THE MUNICIPALITY.
CERTIFICATE ISSUED THIS DAY OF
199 .
Director of Planning and Development