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Proposed Site Alteration and Private Tree By-law
CITY OF BRANTFORDMay 11, 2010
Public Information Centre # 2 Presentation
2Proposed Site Alteration and Tree By-laws
SCOPE OF THE WORK
Draft Revision of Existing Private Tree By-law
Draft New Site Alteration By-law
Cross-jurisdictional review of similar By-laws and policies
Public & Agency Consultation
Legal Review
3Proposed Site Alteration and Tree By-laws
THE PROJECT TEAM
AMEC Earth and Environmental Paul Smeltzer, Project Manager
Les Janos, Senior Engineer
Heather Dearlove, Environmental Planner
Dougan & Associates Jim Dougan, Senior Ecologist
Kristina Shaw-Lukavsky, Landscape Architect
Ross & McBride LLP Peter Tice and Steve Kim, Lawyers
4Proposed Site Alteration and Tree By-laws
BACKGROUND
City of Brantford Strategic Plan Goal: “Managed Growth & Environmental Leadership”
Brantford Council resolutions: Staff directed to investigate Drainage, Erosion & Sediment Control, and update Private Tree By-law
Interim Report : “Sediment Control at Construction Sites in West Brant”
Problem / Opportunity: Staff recognized need for enforcement mechanism(s) to regulate grade
alteration / vegetation & topsoil removal / placement & dumping of fill activities outside of Planning Act Regulated Development Activities Approved Under the Site Plan Control or Plan of Condominium / Subdivision Process
– ESC Plans required for Draft Plans of Subdivisions/Condominium or Site Plan applications
– GRCA regulates Site Grading and the temporary placement, dumping or removal of materials on or off-site
Current Tree By-law limited in applicability; need to address tree preservation in a more comprehensive manner
5Proposed Site Alteration and Tree By-laws
BACKGROUND
Public Consultation
The study provided for two Public Information Centres: PIC #1: Held March 9, 2010 at Mohawk Park Pavilion
PIC #2: Scheduled for May 11, 2010 at Tranquility Community Hall
Meetings were also held with the following Groups & Organizations:
Policy Review A review of existing municipal By-laws and policies for Tree Preservation and Site
Alteration in over 20 area jurisdictions was completed. A partial list includes: Niagara Region City Of Kitchener Town of Milton City of
Mississauga
City Of Niagara Falls City of Cambridge Town of Oakville Town of Richmond Hill
Town of Fort Erie City of Guelph City of Kingston City of Brampton
City of Hamilton Town of Markham City of Oshawa
City of Brantford – Various Departments
Grand River Conservation Authority
Private Tree By-law Task Force
Environmental Policy Advisory Committee
Heritage Committee
Brantford Home Builders’ Association
Cultural Advisory Committee
6Proposed Site Alteration and Tree By-laws
WHAT WE LEARNED THROUGH CONSULTATION:
General desire for By-laws that:
Regulate activities that have the potential to adversely affect the environment including land, water, cultural, heritage, social and economic
Obtain a balance respecting the greater public good and rights of individual property owners. By-laws must be inherently flexible, reasonable and non-draconian in nature
Are specific and can be efficiently administered by City staffSatisfy strategic goals of the municipality (ie. 40% tree canopy within
the City)Fit with other current By-laws, Provincial / Municipal Processes and
PracticesIncrease public awarenessProvide for a phase in period
7Proposed Site Alteration and Tree By-laws
LEGAL REVIEW
A legal review was undertaken by Ross & McBride LLP (consultant legal team) to address the following:
Legislative Authority,
Form and Format,
Consistent wording between By-laws, and
Compliance/Enforcement provisions.
8Proposed Site Alteration and Tree By-laws
SITE ALTERATION BY-LAW
OVERVIEW
What does the Site Alteration By-law do?
The Site Alteration By-law provides the Municipality with the legal means to regulate the placement or dumping of Fill; alteration of Grade; and the removal of Topsoil from land within the City outside of the Site Plan Control or Subdivision Development Process. Can be used in advance of a formal application under site plan control or subdivision agreement. Cannot prevent regulated activities from occurring without a permit in all instances. Provides the City with a tool to impose penalties for failing to comply with the By-law
Permitting process facilitates:
Preparation of required documents by Applicant
Review by City and Issuance of Permit
Issuance of Compliance orders by the City to have sites restored
Issuance of fines and/or charges for non-compliance activities
Collection of fees and securities which may be drawn upon by the City to have the work done at the Owner’s expense
Adding site restoration costs to municipal taxes
9Proposed Site Alteration and Tree By-laws
OVERVIEW
The By-law is intended to regulate activities which may cause:
Environmental Degradation (illegal dumping, erosion, sediment transport and deposition),
Drainage Problems (blockages, watercourse alterations) and
Public Nuisance (damage to and/or tracking of mud on City thoroughfares, dust, noise)
Applicable to lands not subject to Subdivision Agreement or Site Plan Control. Note: Site Alteration By-law does not replace the existing Land Development Approval Process
May Include individual homeowner activities such as pool construction, building additions, lot infilling etc. with potential for impact on neighbouring properties
Used in conjunction with other City By-laws (Zoning, Tree, Road Occupation, Nuisance etc.)
SITE ALTERATION BY-LAW
10Proposed Site Alteration and Tree By-laws
SITE ALTERATION BY-LAW
LEVEL OF CONTROL
By-law level of use and number of permit applications received on an annual basis in other jurisdictions varies greatly and is dependant upon level of control exercised by the municipality and public awareness / education.
Option 1 – Extensive use of By-law to regulate all site alteration activities in the City. Greatest impact on the public and City staff resources required. Risk of public backlash.
Option 2 – Moderate use of the By-law with a stronger focus on larger potential development sites and pre-grading activities and major alteration to private lands. Homeowner permits encouraged but not aggressively pursued. Moderate staff resource requirements
Option 3 – Reserve By-law primarily for development related site activities (ie. pre-grading) in advance of Site Plan or Subdivision Agreement process approvals. Minimal staff resource requirements.
11Proposed Site Alteration and Tree By-laws
SITE ALTERATION BY-LAW
LEVEL OF CONTROL
Recommendations will likely be made for Option 2 – Moderate By-law use with stronger focus on larger potential development sites, pre-grading activities and major alteration to private lands.
Reasons:
Goal to protect the natural environment and regulate activities with the greatest potential for adverse impacts
Reduces staff resource requirements
Homeowner activities are frequently the basis for civil claims
Greater public acceptance of By-law
Regulates site development activities that occurred in the past without recourse. Note: City of Brantford does not have a pre-servicing agreement for site development
12Proposed Site Alteration and Tree By-laws
SITE ALTERATION BY-LAW
KEY ELEMENTS OF THE BY-LAWKey Prohibitions:
Site alteration By-law to address: Excavation Filling Removal of Vegetation Removal of Topsoil Soil compaction Creation of impervious surfaces Obstruction of Drainage Facilities Modification of Watercourses
Work performed on private property resulting in blockage of Drainage Course / Flooding on neighbouring properties. Note: damages from such activities are considered civil matters
13Proposed Site Alteration and Tree By-laws
SITE ALTERATION BY-LAW
Key Exemptions:
Activities carried out by a Municipality or Municipal Board (as legislated by the Municipal Act which is Provincial legislation)
Activities pursuant to a Plan of Subdivision, Site Plan, Consent approval or development permit (Including homeowner activities in un-assumed subdivisions)
Electricity Transmission or Distribution activities
Aggregate activities regulated under the Aggregate Resources Act or Planning Act
Topdressing of Lawns; Minor landscaping; Garden activities which require less than 20 cubic metres and are at least 0.5m away from property lines (with no impact drainage on neighbouring properties)
Soil excavation of areas <9 m2 , <0.5m depth (with no impact on drainage, vegetation or slope)
Agricultural practices
14Proposed Site Alteration and Tree By-laws
SITE ALTERATION BY-LAW
Permit Application Requirements:
Completed Application Form including but not limited to: Name of Landowner and Proponent
Description of proposed work, location, duration, surrounding land use;
Identification of any Watercourses;
Description & source of any Fill;
GRCA, Heritage or Planning requirements
Control Plan documenting limits of work and property; existing and proposed grades, trees / vegetation, drainage features, erosion and sediment control, environmental protection and mitigation measures proposed,
Reports or studies required by City or external agencies (e.g. EIS, Vegetation Analysis, Geotechnical, Archaeological report)
Scale Plan of any Retaining Walls stamped by a Professional Engineer
Applicable fees and securities
15Proposed Site Alteration and Tree By-laws
SITE ALTERATION BY-LAW
Enforcement Controls:Authority: Director of Environmental Services or designate
Revocation of Permit– Applicant provides incorrect, false or misleading information
– Applicant does not comply with By-law or permits
Cease and Desist Order– Applicant contravenes By-law or conditions of any associated permits
Work Order– If infractions found, City may require persons to discontinue activity and restore land
– City may recover any costs incurred plus interest (lien on property)
Order of Removal– No Permit; City may order restoration of land
Fines – 1st conviction: max. $10,000 ( $50,000 for Corporations)
– Subsequent convictions: max. $25,000 ( $100,000 for Corporations)
16Proposed Site Alteration and Tree By-laws
ADMINISTRATION
Strong argument for administration through one City department
General consensus: Site Alteration is a Development-related activity but not a typical Planning task
Staff Requirements: Engineering background, municipal process expertise and Municipal By-law Enforcement Training
Two new positions are suggested
17Proposed Site Alteration and Tree By-laws
TREES PROVIDE SERVICES…
environmental social economic
Trees improve air quality by producing oxygen, absorbing pollutants and sequestering carbon
Trees improve water quality by filtering some pollutants and preventing soil erosion
Trees shade and cool waterways and help to mitigate noise and dust
Trees provide habitat and food sources for wildlife such as birds, insects and small mammals
Trees help to reduce the “urban heat island” effect
Trees provide direct mental health benefits and have also been shown to reduce crime in urban areas
Trees provide direct physical health benefits – hospital recovery times are significantly lower when a patients’ rooms overlooks treed areas
Treed areas reduce stress and contribute to a greater sense of community
Trees reduce energy consumption in buildings by providing cooling, windbreak and shading functions
Trees reduce costs of storm-water management by rainfall interception and water absorption, reducing flooding risks and costs
Trees in commercial areas improve business viability
Mature trees on private property increase property value by 5-25%
18Proposed Site Alteration and Tree By-laws
TREES PROVIDE SERVICES…
Large –Stature Trees at Maturity:
Height = Over 12 m
Canopy (Spread) = Over 12 m
Trunk Diameter = Over 45 cm
Examples = Maples, Oaks, Elms
Medium-Stature Trees at Maturity:
Height = 6-12 m
Canopy (Spread) = 6-12 m
Trunk Diameter = 30-45 cm
Examples = Honey Locust
Small-Stature Trees at Maturity:
Height = Under 6 m
Canopy (Spread) = Under 6 m
Trunk Diameter = 15-30 cm
Examples = Most Ornamentals
the benefits of mature trees
Trees on private property help contribute to the overall health of your community.
Larger and more mature trees provide greater environmental, social and economic benefits. In fact, it is estimated that large trees deliver up to eight times the urban benefits of small trees.
Most communities can care for their largest trees for as little as $13 per year, per tree. In return, each tree yields about $80-$120 in energy savings, cleaner air, improved storm-water management, extended life of streets, and higher property values.
Even at maturity, small stature trees do not come close to providing the same magnitude of benefits.
Maturity typically means 40 years after planting
19Proposed Site Alteration and Tree By-laws
PRIVATE TREE BY-LAW
OVERVIEW What does the Private Tree By-law do? The Private Tree By-law provides the Municipality with the legal means
to regulate the injury and destruction of trees on private property within the City.
Rationale of a Private Tree By-law City of Brantford recognizes the ecological, economic and social benefits
of trees
Regulation of the existing urban tree canopy is a step toward attaining the Council-endorsed 40% canopy cover goal
Permitting process facilitates:
Compensation as a condition of permitting; either for replacement trees or payment into Brantford’s tree planting reserve fund
Issuance of fines and/or charges for non-compliance activities
Opportunities for communication and education
Information gathering to preserve and grow the City’s urban tree canopy
20Proposed Site Alteration and Tree By-laws
PRIVATE TREE BY-LAW
OVERVIEW OF CURRENT BY-LAW
Overview of Current By-law: Brantford Private Tree Bylaw (By-law # 171-2002 )
Current By-law is limited in scope, being applicable only to trees within: Woodlots (>1 acre) Lands pending an application for development approvals for subdivisions/ condominiums An Environmental Protection Policy Area or an Environmental Control Policy Area
Only Trees naturally occurring as the following species are subject to protection: American Chestnut, Dwarf Hackberry, Kentucky Coffee, Blue Ash, Dwarf Chinquapin Oak, Hills
Oak, Schumard Oak, Sweet Pignut Hickory, Cucumber Tree, Red Mulberry, Hop Tree
Penalties 1st conviction $10,000 or $1,000 per tree (whichever is greater) Subsequent convictions $25,000 or $2,500 per tree (whichever is greater)
21Proposed Site Alteration and Tree By-laws
PRIVATE TREE BY-LAW
LEVEL OF CONTROL
By-law level of use and number of permit applications received on an annual basis in other jurisdictions varies greatly and is dependant upon level of control exercised by the municipality and public awareness / education
Option 1 – Regulate all private tree removal activities in the City. Greatest impact on the public and City staff resources required. Costly and difficult to win court actions in many instances.
Option 2 – Flexible approach with stronger focus on larger trees and allowing a number of tree removals without permit requirement. Moderate staff resource requirements.
Option 3 – Regulate very large trees only. Would require an additional woodlot by-law to regulate removal of woodlots prior to development. Minimal staff resource requirements.
22Proposed Site Alteration and Tree By-laws
PRIVATE TREE BY-LAW
LEVEL OF CONTROL
Preference is for Option 2 – Flexible approach with stronger focus on larger trees, and allowing a number medium-sized tree removals without permit requirement.
Reasons:
Goal to regulate tree removals to maintain and improve City’s canopy cover
Reduces staff resource requirements
Balances private property rights with benefits for the whole community
Greater public acceptance of By-law
Provides opportunities for information gathering and distribution to public
Regulates woodlots by protecting smaller individual trees
23Proposed Site Alteration and Tree By-laws
PRIVATE TREE BY-LAW
KEY ELEMENTS OF REVISED BY-LAWKey Prohibitions: (Applicable to all lands within City limits- see Exemptions)
Injury or destruction of more than 3 trees15cm - 30cm DBH in a year without a permit
Injury or destruction of trees >30cm DBH without a permit
All conditions of Permit & supporting documentation must be met
Key Exemptions: First 3 trees removed in 15-30 cm DBH range per year, but Notification required (no cost)
Activities undertaken by a Municipality or Municipal Board
Lands or activities subject to regulation under the Conservation Authorities Act; Crown Forest Sustainability Act; Surveyor’s Act; Planning Act; Electricity Act; or Aggregate Resources Act
Trees within a building, solarium, rooftop garden or interior courtyard
Tree Farms, Nurseries, Fruit trees
Dead, diseased or hazardous trees (requires Notification and an Arborist Report 3 days prior to work)
Emergency work (requires an Arborist report within 3 days after work)
Pruning
24Proposed Site Alteration and Tree By-laws
PRIVATE TREE BY-LAW
KEY ELEMENTS OF REVISED BY-LAW
Permit Application Requirements: Completed application form (including statement on purpose of injury/destruction and written consent
of adjacent property owner)
Fees: 1 to 3 Trees between 15cm DBH and 30cm DBH No Fee (Notification Only) 4th Tree between 15cm DBH and 30cm DBH $200 5th or more Trees between 15cm DBH and 30cm DBH $50 each Any Tree over 30 cm DBH $250 per tree
Supporting Documentation
Permits will not be issued if:– Application requirements not met or Related development application pending approval
– Inconsistent with Endangered Species Act, Migratory Birds Act or an approved Tree Preservation Plan
25Proposed Site Alteration and Tree By-laws
PRIVATE TREE BY-LAW
KEY ELEMENTS OF REVISED BY-LAW
Conditions of Permitting:
Director may impose terms & conditions on Permit, including:
Arborist Report
Landscaping and/or restoration plans
Require supervision of Arborist
Planting of replacement trees – Ratio of 3 trees for each tree removed
– Payment for each tree not replanted to Brantford’s Tree Planting Reserve Fund
26Proposed Site Alteration and Tree By-laws
PRIVATE TREE BY-LAW
KEY ELEMENTS OF REVISED BY-LAW
Enforcement Controls: Authority: Director of Parks and Recreation
Revocation of Permit– Incorrect, false or misleading information given
– Terms of permit or provisions of by-law not complied with
Cease and Desist Order– Applicant contravenes By-law or conditions of any associated permits
Inspections (at the Director’s discretion)
Fines – Single offence: Maximum is $100,000
– Continuing/multiple offences: Maximum is $10,000 per day
27Proposed Site Alteration and Tree By-laws
NEXT STEPS
Receive comments from the public by Tuesday May 25, 2010
Finalize Draft By-law and prepare study report
Address implementation issues, i.e. recruitment, training, Public
Information Program and timing (including recommended
phase-in period)
Present final by-law to Committee of the Whole - June 21, 2010
28Proposed Site Alteration and Tree By-laws
Questions?