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HomeMy WebLinkAboutPD-310-89 TOWN OF NEWCASTLE J t REPORT File # /t/) TREE Res. # By-Law # STING: General Purpose and Administration Committee DATE: Monday, November 20, 1989 REPORT #: PD— 310-89 FILE #: SOB,JECT: TREE CUTTING BY—LAW RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-310 -89 be received; and 2 . THAT the attached Tree Cutting By-law be approved and the By- law be advertised in local newspaper. 1. OBJECTIVE 1. 1 The purpose of this Report is to introduce a by-law to regulate tree cutting activities within the corporate limit of the Town of Newcastle. 2. BACKGROUND 2 . 1 The Town of Newcastle currently does not have a by-law to regulate the cutting or removal of trees . In the past, there have been complaints from residents citing trees and woodlots . . .2 93 REPORT NO. : PD- 310-89 PAGE 2 are being cleared in various parts of the Town. Due to the absence of any by-law regulating this type of activity, the Town is powerless in addressing this issue. 2 .2 Many municipalities have adopted by-laws regulating tree cutting and it appears prudent that the Town should have its own by-law in this regard. 3. SUMMARY OF PREPARED BY-LAW The Tree Cutting By-law in essence will have the following effect: 3. 1 Tree cutting and vegetation removal are prohibited in all areas of the Town that are zoned "Environmental Protection" and/or identified as "Environmentally Sensivive Areas" in the Durham Region Official Plan. 3.2 Tree cutting is also prohibited on all Town owned properties including all public road allowances except by written consent of the municipality - Utility Companies are exempted from this provision. 3. 3 On lands where there is a development application filed with the Town, tree cutting is prohibited and will only be permitted if provided for in a subsequent development agreement. 4. COMMENTS 4 . 1 It should be noted that the provisions of the by-law would not prohibit any person to cut trees on his own private property so long as the owner complies with the above noted provisions. . . . 3 � Q9 3 4 REPORT NO. : PD- 310-89 PAGE 3 Clearing of dead trees and limbs are not restricted anywhere. 4 .2 Upon its passage, Staff is recommending that the by-law be placed in local newspapers as notice to its residents . Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I .P. Lawren a E. Kotseff DIrector of Planning Chief AdAtinistrative and Development Officer FW*cc *Attach 9 November 1989 5, THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 89- 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 recognizing the significance of the preservation of trees and vegetation to enhance 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 Planning 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. f) "BY-LAW ENFORCEMENT 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, injure or destory 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 Official 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. 6. 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. -999 2 6. All offences/infractions 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 day of , 1989 BY-LAW read a second time this day of , 1989 BY-LAW read a third time and finally passed this day of 1989. MAYOR CLERK 4F 599 37