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HomeMy WebLinkAboutOPD-011-17Clarftwn Operations Department Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. 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: Page 3 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 Page 7 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