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HomeMy WebLinkAboutCLD-013-16 J Clerk's 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: June 20, 2016 Report Number: CLD-013-16 Resolution: File Number: By-law Number: Report Subject: Regulation of Tree Preservation in Clarington Recommendations: 1. That Report CLD-013-16 be received; 2. That Ms. Racansky be thanked for her delegation and diligence in bringing the inter- relationship of these items to the attention of Council; 3. That the Municipality include as part of the steps to address climate change the development of an urban forest strategy; 4. That funding for an urban forest strategy be included in the 2017 budget for Council's consideration; and 5. That all interested parties listed in CLD-013-16 and any delegations be advised of Council's decision. Municipality of Clarington CLD-013-16 Page 2 Report Overview In response to concerns raised by a Clarington resident, this Report details tree preservation regulations, established through provincial and municipal authorities, governing trees within the Municipality of Clarington. 1 . Background At the January 4, 2016 General Government Committee meeting Ms. Libby Racansky presented her concerns with possible shortcomings of the Clarington Tree By-law 97-35. Ms. Racansky conveyed to Committee what she felt were the needed changes to Clarington's By-law to protect the natural environment of Clarington and to prevent unnecessary destruction of trees. Through Resolution GG-004-16, staff were directed to review her comments and prepare a report for Council. 2. Discussion 2.1 . General There are many pieces of legislation related activities and processes that govern tree preservation in addition to Clarington's Tree By-law. To fully understand tree preservation, Clarington's By-law, the Region of Durham's Tree By-law and provincial legislation must be considered collectively. Below is a brief outline of the many regulations that affect protection or cutting of trees and woodlots. A number of pieces of legislation have been introduced or amended since Clarington's Tree By-law was enacted in 1997. 2.2. Municipal Tree By-laws The Municipal Act, 2001 grants the authority to upper and lower tier municipalities to enact a by-law to prohibit or regulate the destruction or injuring of trees and requires the municipality to have regard to good forestry practices as defined in the Forestry Act, 2001, c.25, s. 135(5). An upper tier municipality's authority governs woodlands as defined in the Forestry Act that are one hectare or more in area. The Municipal Act, 2001 further provides that the local municipality may not prohibit or regulate the destruction of trees in any woodlands designated in the upper-tier by-law. 2.2.1 . Durham Region Tree By-law The Durham Region Trees By-law came into force on June 27, 2012, replacing an earlier by-law. The Regional Tree By-Law reflects the Region's commitment to protect forested areas and the natural environment. Through this by-law, Regional Council recognizes that Woodlands contribute to ecosystem health, human health, and our overall quality of life. Municipality of Clarington CLD-013-16 Page 3 The Regional Tree By-law applies to woodlands within the Region that are 1 hectare (2.5 acres) in size and greater. Please note that the Region's Tree By-Law does not apply to areas less than one hectare. The Region's By-law defines a woodland as follows: "Woodland" or "Woodlands" means land on one or more properties with a density of: i) at least: 1) 1 ,000 Trees, of any size, per hectare; 2) 750 Trees, measuring over five (5) centimetres at DBH, per hectare; 3) 500 Trees, measuring over twelve (12) centimetres, at BH, per hectare; or 4) 250 Trees, measuring over twenty (20) centimetres, at DBH, per hectare. ii) but does not include: 1) a cultivated fruit or nut orchard; 2) a plantation established for the purpose of producing Christmas Trees and which is being actively managed and harvested for the purposes for which it was planted, except that this does not refer to plantations that have ceased being managed or harvested for their intended purpose for a period of 15 years or more; 3) a bona fide tree nursery that is being actively managed and harvested for the purposes for which it was planted; 4) a fence row; or 5) land previously cleared and used for agricultural purposes, which has become overgrown with young (less than 15 years old) and early successional tree species common on disturbed fields (e.g. Sumac, Hawthorn, Apple, Scots Pine, Poplar, White Birch, Ash) and which is intended to be used again as part of an Agricultural Operation. Municipality of Clarington CLD-013-16 Page 4 2.2.2. Clarington Tree By-law Clarington's Tree By-law 97-35 is twenty years old and applies to woodlots having an area equal to 0.2 ha or greater but less than 1 ha. As well it applies to any tree within lands designated Environmental Protection Area on Map A of the Official Plan and any tree within 120 metres of a wetland as identified on Map C of the Official Plan. Clarington's By-law defines Woodlot as follows: "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 [diameter at Breast Height] 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. The upper tier (Durham Region) Tree By-law applies to areas in excess of 1 hectare. The Clarington Tree By-law applies to areas under 1 hectare (2.5 acre) and greater than 0.2 hectare (1/2 acre) south of Taunton Road. The size was set in 1997 when the By-law was originally enacted. The recommendation from staff had been 0.4 ha and Council reduced the size to 0.2 ha, presumably at the request of delegations. The By- law's purpose was to protect woodlands and not individual trees. As detailed above, Clarington's Tree By-law regulates .2 ha (or 1/2 acre). It does not regulate individual trees (as is the case in the City of Toronto). To reduce to an area under that size would render the By-law extremely cumbersome and would require significant resources to enforce. Municipality of Clarington CLD-013-16 Page 5 2.3. Provincial Legislation There are some natural heritage features such as significant wetlands and significant coastal wetlands where development and site alternation are not permitted. Typically these policies are enforced by Conservation Authorities (CA) in concert with the local Ministry of Natural Resources staff. In addition, the Conservation Authorities administer Ontario's Regulation of Development, Interference with Wetlands and Alteration to Shorelines and Watercourses. The Regulation applies to all valleylands and any wetlands, therefore these areas would not be addressed under a municipal tree by-law. They are already addressed under the CA's regulation. 2.4. Environmental Assessments Where a project has been approved by the Ministry of Environment and Climate Change under the Environmental Assessment Act, the project can proceed as set out in the Environmental Study Report, subject to the conditions imposed by the approval. Therefore, projects such as the construction of Highway 407 and Highway 418, widening of Highway 401, and the Clarington Transformer, which are proceeding under their Environmental Assessment Act approvals, would not be subject to a municipal tree by-law. 2.5. Planning Act Applications For projects that are proceeding under a Planning Act application there is a rigorous process for the determination of natural heritage area protection and tree preservation. An applicant attends a pre-consultation meeting where the need for various studies including Environmental Impact Studies (EIS), are set out. A tree preservation plan is often a requirement fora complete application; it is prepared in accordance with the EIS. Environmental Impact Studies are a requirement used for all types of development applications where the natural heritage system may be impacted. The natural heritage system includes wetlands, woodlands, valley lands, and the Natural Core and Linkage areas of the Oak Ridges Moraine (as set out in the Official Plan). Clarington has very strong policies in our Official Plan to protect and enhance the natural heritage system and its ecological integrity. The 1996 Official Plan set a new standard for the protection of natural heritage features in Southern Ontario. The proposed Official Plan policies continue to protect Clarington's natural heritage system from incompatible development. While only minor policy modifications are recommended for the natural heritage section, the supporting mapping that accompanies the policies is now of a much improved standard and has been developed in co-ordination with the Conservation Authorities using the most recent aerial photography. The Environmental Impact Studies that are prepared are reviewed by Conservation Authority staff, determines the limits of protection which are then enforced through the development agreement. Tree Preservation Plans are reviewed by Engineering Services and approved by the Director. The Municipality also has the ability to require a Peer Review of the Tree Preservation Plan where warranted. Municipality of Clarington CLD-013-16 Page 6 2.6. Woodlots in Clarington The much improved mapping tools referred to in Section 2.5 uses Geographic Information System (GIS) technology. Using this mapping tool it is possible to analyse how many woodlots the municipal by-law would have jurisdiction over. The mapping layers are continuously updated as new information comes available such as wetland mapping from the province, aerial photography (received annually) and satellite imagery. Currently, there are some 1200 wooded areas between 0.2 and 1 hectare in Clarington to which the trees by-law could apply (if the Trees By-law were amended to cover all of Clarington). However, many of these are hedgerows in agricultural areas. The removal of hedgerows can be part of Normal Farm Practices, and would be exempt from the Clarington's Tree By-law. Normal Farm Practice is defined to include the removal of trees for personal use, as well as the removal of trees for farm-related uses (such as fence posts and rails) but does not include clear cutting. To obtain a more accurate count of affected woodlands, staff were able to isolate lands zoned agriculture (a total of 935), which would reduce the number of woodlots to 265. The woodlots in valleylands or wetlands that are regulated by the Conservation Authorities were isolated from the count as well; leaving 94 woodlots between 0.2 and 1 ha that the municipality has jurisdiction over. Seven of these are in urban areas. The 7 woodlots between 0.2 and 1 ha within urban areas, where the Municipality would have jurisdiction, would also be subject to Planning Act application processes. Some urban woodlots could be in jeopardy if an owner began to clear them, prior to an application. 2.7. Individual Tree Protection With regard to individual trees, some highly urban municipalities have tree by-laws that protect individual trees and some municipalities have designated heritage trees. Clarington has some trees noted as part of the heritage conservation district; however individual heritage tree designation has not occurred. To provide individual tree protection in urban areas only, the Municipality should have an up-to-date tree inventory of municipal street trees, parks and green spaces and an urban forest strategy for both public and private lands. Clarington, to date, has not undertaken an urban forest strategy for our different urban areas. An urban forest strategy is a plan that is intended to provide direction on the protection, maintenance and enhancement of the urban tree canopy. It considers all trees within an urban area, including trees in private yards, street trees, parks, greenspaces and woodlands. An inventory of trees on boulevards in urban areas and hamlets was completed in 2012 at which time there were 17,913 trees; 2,466 of which were ash. Information that was collected included; location (includes both street number and name, and GPS co- ordinates), species, size (diameter at breast height), condition, and comments (such as maintenance need and priority, proximity to utility lines, traffic signals and signs, insect Municipality of Clarington CLD-013-16 Page 7 and disease problems). To carry out an urban forest strategy the inventory would need to be updated and expanded to include parks, greenspaces and woodlands and a determination of how to address private trees in urban areas. 2.8. Climate Change Ostensibly the reason Ms. Racansky made her delegation in January was to address climate change and the relationship between woodlands, tree clearing and climate change. Healthy trees and woodlands play an important role in climate resilience, and economic, environmental, social, and public health benefits. There is no doubt that there is a relationship between tree clearing and ecological function and thus climate change. Further, some highly urban municipalities are using tree by-laws to take action on climate change adaptation and mitigation. Currently, the Municipality does not have an overall climate change strategy; however, at the May 2, 2016 Council meeting Council approved Report PSD-030-16 which authorizes staff to become involved with Durham Region in a Municipal Energy Plan. The Municipal Energy Plan is an encompassing plan that will address a number of operational strategies and items, it could also include an urban forest strategy. 2.9. Applications and Enforcement According to our records, dating back to 2000, there has been a total of 9 applications submitted for permission to remove trees. Only 1 charge has been laid which was against a company who undertook tree removal prior to receiving the approval of their plan of subdivision application. Staff report that, while we receive the occasional call regarding tree removal, those calls typically do not fall within the scope of Clarington's Tree By-law. 3. Concurrence This report has been prepared in conjunction with Planning Services and reviewed by Andrew Allison, Municipal Solicitor, Fred Horvath, Director of Operations and Tony Cannella, Director of Engineering Services who concur with the recommendations. 4. Conclusion Clarington's Tree By-law was enacted in 1997. Over the past 19 years many new approaches have been instituted through provincial legislation governing Clarington as well as external agencies such as the conservation authorities. Upon thorough review, staff determined that of the woodlots governed by Clarington's Tree by-law, which only applies to 0.2 ha to 1 ha woodlots, 7 are in urban areas. This equates to approximately 4 acres of land. Based on planning forecasts, staff anticipate that these lands would be built out within 30-40 years and the fate of any trees located within these 4 acres would be determined through future planning applications. Municipality of Clarington CLD-013-16 Page 8 Recognizing that to implement a policy which governs individual trees requires significant staff resources, it is recommended that an urban forest strategy be developed. Such a strategy will build on the work already undertaken through the initial tree inventory, but will require additional work to update the inventory. As well, the urban forest strategy will support the staff investment into the Durham Region Municipal Energy Plan and will form part of the steps to address climate change through a more sustainable approach. Operations Staff will include funding for an urban forest strategy in the 2017 budget for Council's consideration. 5. Strategic Plan Application The recommend ns itai ed ' this report conform torfhe Strategic Plan. Submitted by: Reviewed by: , ne dre tree, BA, CMO Franklin Wu, Municipal Clerk Chief Administrative Officer Staff Contact: Anne Greentree, Municipal Clerk, 905-623-3379 ext. 2102 or agreentree@clarington.net Attachments: None The following is a list of the interested parties to be notified of Council's decision: Libby Racansky CAG/FL