City Tree By-law - 94-2024

Whereas section 8(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended ("Municipal Act, 2001")provides that the powers of a municipality under any act shall be interpreted broadly so as to confer broad authority on a municipality to enable it to govern its affairs as it considers appropriate;

And Whereas section 10(2)5 of the Municipal Act, 2001 provides that a local municipality may adoptby-laws for the economic, social and environmental well- being of the municipality, including respecting climate change;

And Whereas without limiting the broad municipal powers, section 135 of the Municipal Act, 2001provides authority to municipalities to regulate and prohibit with respect to trees;

And Whereas section 429 (1) of the Municipal Act, 2001 provides that a municipality may establish a system of fines for a by-law passed under the Act;

And Whereas section 436 of the Municipal Act, 2001 provides that a municipality may pass by-laws providing that the municipality may enter on land at any reasonable time for the purpose of carrying outan inspection to determine compliance with a by-law or an order made pursuant to the by-law.

And Whereas section 444 of the Municipal Act, 2001 provides that a municipality may make an order to require a Person to discontinue contravening a by-law;

And Whereas section 445 of the Municipal Act, 2001 provides that a municipality may make an order requiring a Person who contravened a by-law or who caused or permitted the contravention or the owner or occupier of the land on which the contravention occurred to do work to correct the contravention;

And Whereas section 446 of the Municipal Act, 2001 provides that a municipality may proceed to do things at a Person's expense which that Person is otherwise required to do under a by-law but has failed to do and the costs incurred by a municipality may be recovered by adding the costs to the tax rolland collecting them in the same manner as property taxes;

For the purposes of this By-law:

"Arborist" means a person with a diploma, degree, or designation involving arboriculture from an accredited College or University which attests to the completion of the course of study ofarboriculture or an Arborist as certified by the International Society of Arboriculture;

"Boundary Tree" means every tree whose trunk is growing on the boundary between adjoining lands is the common property of the owners of the adjoining lands." Ontario Forestry Act (Section 10.2.);

"City" means the municipal corporation "City of Brantford" or the area located within the geographical boundaries of the City of Brantford;

"City Forestry and Horticulture Staff' means staff employed by the City, or by their contractors, to perform the duties of reviewing information, inspecting trees, and notifying applicants of decisions regarding requests to remove trees on City Property;

"City Property" means a highway, park, Natural Area, woodlot, boulevard, or any other public placeor land owned by, or leased by, or leased to, or controlled by, or vested in the City;

"City Tree" means a woody perennial plant (including its root system) which is located on City Property, which shall include a Boundary Tree;

"Commissioner" means the Commissioner of Public Works or their designate;

"Contractor" means a person engaged to perform a specific activity or service on or at a particular land or premises;

"Council" means the Council of the Corporation of the City of Brantford;

"DBH" means "Diameter at Breast Height" and is calculated as the Diameter of the stem or trunk of a Tree measured at a point that is 1.3 metres (4.5 feet) above the ground;

"Dead" means a tree that has been assessed as dead by the City's Forestry Staff or their Contractors;

"Declining" means a tree that has been assessed as declining by the City's Forestry Staff or their Contractors;

"Destroy or Destruction" means to change the structure or condition of a tree such that it cannot reasonably be returned to its original structure or condition, as assessed by the City's Forestry Staff or their Contractors;

"Director" means the Director of Parks and Recreation Services or their designate;

"Dying" means terminally diseased or will no longer be viable to maintain in a safe or healthy condition, assessed and determined by the City's Forestry Staff or their Contractors;

"Emergency work" means work necessary to terminate an immediate threat to life or property, including but not limited to work associated with watermain repairs, utility repairs, structural repairs to a building, storm damage or other environmental conditions;

"Fees and Charges By-Law" means the City's Fees and Charges By-law (30- 2023), as amended, or its successor(s);

"Grade" means a defined elevation of land that has been established as a result of geologic,hydrologic or other natural processes or by human alteration; that defines ravines, depressions, hills, stream channels, eskers or steepness of terrain;

"Good Arboricultural Practice" means reference to the guidelines and practices relating to proper tree maintenance and care, as defined and published by the International Society of Arboriculture;

"Injure" or "Injury" means to cause, directly or indirectly, the removal, ruin, uprooting or death of aTree whether by accident or by design, and includes the removal, ruin, uprooting or death of a Tree caused by one or more of the following activities:

a. removing, cutting, girdling, or smothering of the Tree or roots;

b. interfering with the water supply;

c. setting fire to a Tree;

d. the application of chemicals on around, or near the Tree;

e. compaction or re-grading within the tree protection zone up to any existing paved surfaces;

f. damaged caused by new development or construction related activities including driveways; or

g. storing any materials within a tree protection zone;

"Lot" means a parcel of land having specific boundaries which is capable of legal transfer;

"Multiple Offences" means an offence in respect of two or more acts or omissions, each of whichseparately constitutes an offence and is a contravention of the same provision of this By-law;

"Native Species" means plants that have not been introduced by humans, grow in the area naturally, and are uniquely adapted to local environmental conditions.

"Natural Area" means an area or land and/or water, including woodlands, wetlands, greenbelts and tall grass prairies, dedicated to the protection of native flora and fauna and natural processes;

"Person" means an individual person, a corporation, a partnership, or an association;

"Private Property" means land other than Public Property; "Pruning" means thecutting of tree branches, twigs or roots;

"Officer" means a City By-law Enforcement Officer, whose duties include the enforcement of this By-law;

"Replacement Tree" means the number of Tree(s) required under this By- law to replace an existing City Tree, as determined by the Replacement Tree Criteria contained in Schedule "B" to this By-law;

"Remove" means the removal of a tree, through either direct or indirect actions, including but notlimited to clearing, damaging, or poisoning resulting in the removal of at least half of the live crown or damage to the roots or trunk that is likely to destroy the tree's structural integrity.

This By-law shall apply to all City Property located within the City of Brantford.

The Commissioner shall be responsible for the administration and enforcement of this By-law.

The Commissioner may delegate in writing any responsibilities to an employee of the City thatare conferred to the Commissioner under this By-law.

As part of the administration of this By-law, the Commissioner, the Director, their Staff, and Contractors are authorized to:

a. plant or cause to be planted Trees on City Property;

b. Care for and maintain or cause to be cared for and maintain Trees located on City Property;

c. remove from City Property any Tree of the species contained in Schedule "A" to this by-law, and as may be amended from time to time;

d. remove or cause to be removed without notice or compensation to any person, anything which adversely affects a Tree on City Property;

e. remove or cause to be removed without notice or compensation to any person any Tree or part of a Tree on City Property at the discretion of City Horticulture and Forestry Staff;

f.  (prune, or cause to be pruned, without notice or compensation to any person, the branches of any Tree located on Private Property which extend over City Property or Public Right of Way that, as assessed by City Forestry and Horticulture Staff creates an unsafe condition;

g. remove and replace City Trees of the species contained in Schedule "A" to this By-law;

h. review written requests for the removal of a City Tree, granting or denying such approvals.

No person shall undertake or permit the undertaking to perform any work that has the potential to harm a City Tree unless the following protective measures are followed:

a. the Contractor shall notify the City prior to any work taking place;

No Person shall, without prior consent of the Commissioner, or as part of planned activities led by the City under a public tree planting program, plant or cause to be planted any Tree on City Property;

a. the City reserves the right to plant, or to have planted Trees on any portion of City Property;

Every Person who contravenes any provision of this By-law, is guilty of an offence and is liable to a fine and such other penalties as provided for in the Provincial Offences Act, R.S.O. 1990, c. P. 33, and the Municipal Act, 2001, as both may be amended from time to time.