DOCUMENT 2 - Tree By-laws in other Ontario Municipalities

DOCUMENT 3 - Tree By-laws in other Ontario Municipalities - Precedent Review

City Tree By-laws and

Diameter

Permits Fees Public Notice Timelines and

Appeal Process

Compensation Rates and

Replanting Ratios

Procedures, Processes and Policies Incentives to Retain, Protect and

Replant

Comments

1 Toronto •By-laws to

egulate removal

and injury

•Protects all city

ned trees

•Protects trees with

ameter of 30 cm

or greater on

private property

Permit to

njure or

remove tree

•Remove private tree

onstruction/non-

construction:

$351/$117

•Remove public tree

onstruction/non-

construction:

$351/$351

•Remove boundary or

nei

ghbour's tree

construction/non-

construction:

$736/$245.

•Notice of

application to

destroy tree posted

on property for 14

days

•Staff notify

neighbours of

application when

boundary tree is

involved

•Applications take

up to 30 days to

review

•If urban forestry

deni

es permit it

can be appealed

to City Counc

ough

Community

Council

•City trees: Applicant pays

appr

aised value of tree. For city

projects replanting ratio is 3:1.

•Private trees: 1:1 ratio for non-

dev

elopment related tree loss and

1:3 replanting ratio for

development-related tree loss

•Park trees: appraised value of

ree plus 1:1 replanting ratio

•Many studies and plans required in support of an

appl

ication to destroy or injure a tree

•Tree Protection Policy and Construction Specifications

•Tree appraisal procedure

•Clear rules about when a permit is issued versus

denied

•Process to deal with committee of adjustment

requests

•Urban Forestry approves landscape/replanting plan

ior to permit issuance

•City of Toronto Act, Official plan policies, Strategic

orest Management Plan, Ravine Strategy and Shade

Tree Policy support urban forestry.

•Tree canopy target - 40% in next 50 years

•Guarantees to protect retained

trees

•Security deposit for tree planting

equal

to cost of

maintenance/planting over 2 years

•For city trees security deposit

bas

ed on value of appraisal

•Replacement trees must be 50mm

greater

•Cash-in-lieu where replacement is

not

feasible, $583 per tree

•Ability to comment effectively

hrough committee of

adjustment process provides

best opportunity to protect

trees during development

•Trees must be considered

early in the development

process

2 Markham •By-law to regulate

prohibit injury or

destruction of trees

•Protects any

ivate tree over

20 cm (Residential

Infill Lot Grading

Tree Permit

)

•Boulevard trees

protected under a

separate highway

by-law

Per

mit to

injure or

remove tree

•Where a permit is

applicable fees may

apply

•Remove boulevard

ree: $150

N/a •Applications take

up t

o 30 days to

review

•Appeals are

hear

d by

Licensi

ommittee with

notice sent to

ward councillor

and interested

neighbours

•Final decision

ade by council

•Compensation rates for city

rees:

$600 each (

1-10 cm)

$500 each (11-20 cm)

$460 each (>21 cm)

•Compensation rates for private

rees:

2:1

replacement for trees ≤40

3:1 replacement for trees 41-60

4:1 replacement for trees 61-80

5:1 replacement for trees ≥81

•Comprehensive tree assessment and preservation

•Clear protection requirement

•Tree permits are issued before grading/servicing is

appr

oved

•Fencing/mitigation must be installed before tree permit

s issued

•Process to deal with committee of adjustment

equests

•The Greenprint, Markham's Sustainability Plan,

fficial Plan, Trees for Tomorrow Streetscape Manual,

York Region Forestry Management Plan support urban

forestry.

•Tree canopy target - 40% by 2051

•Securities collected for trees over

40 c

m dbh, only returned if trees are

not injured.

•Specifies caliper for replanting (on

erage 5cm dbh for deciduous and

200 cm height for coniferous

•Backyard tree planting program

(

LEAF) subsidized by city - $50 to

$100 per tree

•Failure to comply with tree by-law

an result in charges being placed

directly on tax roll (cash-in-lieu,

compensation, etc.)

•Through committee of

adj

ustment can indicate that

building permit will not be

approved without submission

and approval of Tree

Assessment and Preservation

Plan (early completion ensures

building permit is not

impacted)

•If any part of the tree trunk at

ound level is located on

adjacent property, the adjacent

property owner must also

provide permission for the

application.

3 London •By-law to regulate

prohibit injury or

destruction of trees

•Protects any

ivate tree over

50 cm within urban

growth boundary

•

Protects trees of

all sizes in Tree

Protection Area

Per

mit to

injure or

remove

•Remove private tree

over 50 cm: $100

•Injure or destroy a

ree within Tree

Protection Area: <50

cm is $100 per tree

and ≥50 is $100/tree

up to a max of $1000

N/a •Applications take

up t

o 60 days to

review

•Decisions can be

appeal

ed within

30 days to the

Hearings Officer

of the City of

London

•Compensation ranges for city

trees from $1240 (trees <10 cm)

to $13040 (trees <191 cm)

•Tree protection plan for all city owned trees and

demolition permits, must include all adjacent trees

within 3 m of subject property.

Adjacent trees that fall within 3 m of subject property

must be included/considered for protection

•Tree Planting and Protection Guidelines

•Tree Planting Strategy, Urban Forest Strategy, The

London P

lan support urban forestry.

•Tree canopy target - 32% by 2065

•Zoning bonuses, building heights

and dens

ities may be increased to

support long-term preservation of

existing healthy trees, rare species

and wildlife trees.

•Conditions to require replacement

planting can be imposed through

tree permit and securities collected.

N/a

City

Tree By-laws and

Diameter

Permits Fees Public Notice

Timelines and

Appeal Process

Compensation Rates and

Replanting Ratios

Procedures, Processes and Policies

Incentives to Retain, Protect and

Replant

Comments

4 Oakville •By-law to regulate

planting, care,

maintenance and

removal of all city

owned

•By-law to regulate

private trees 15 cm

or greater

Permit to

encroach

near, or

remove a

tree

(separate

applications).

•$50 for first tree in 12

month period

•$340 for each

additional tree and for

trees larger than 24

•$720 for removal of

second tree in a 12

month period (15 to

24 cm) and any

removal resulting

from development

•Permits must be

posted on site for 5

days before removal

•Appeals

committee

reviews requests

to appeal

•Applicant may

appeal the

decision within 21

days of the date

of the notice

•One tree must be planted for

every 10 cm of healthy tree

removed (up to 12 trees)

•$300 security deposit is required

for each tree to be planted

•Replacement trees must be

planted on the same property as

those removed, if there is not

enough space, the security

deposit is used to plant trees

elsewhere.

•Private tree protection zone based on size of tree, no

activities can take place in this zone without a permit to

encroach.

•For removal, arborist report and consent letter from

neighbour (for trees on shared property line) are

required.

Permits must be posted on the site for 5 days before

removal

•Growing Livability – A Comprehensive Study of

Oakville’s Urban Forest, Urban Forest Strategic

Management Plan, Tree Protection and Tree Canopy

Preservation Policy support urban forestry.

•Tree canopy target - 40%

•Where tree protection measures

are required security deposit is

collected and retained for 6 months

•Minimum tree replacement size is

30 mm caliper deciduous tree, or a

150 cm high coniferous tree.

•Permitting and compensation costs

are high, helping to encourage

retention

•Trees within the allowable

building envelop (zoning) and

excavation zone are exempt

from tree permits

5 Kingston •By-law to prohibit

and regulate

destruction or

injuring of trees in

city

•Protects all city

owned trees

•Protects private

trees 15 cm or

greater, distinctive

trees, endangered

trees and those

subject to certain

planning

applications.

Permit to

remove

•Remove 1-5 trees:

$97.50, 6-15 trees:

$195.00, more than

15 trees: $389.75

•Tree permit renewal

fees also apply

N/a •Appeals for

permit refusals

are made directly

to Council

•City trees: Compensation is

calculated on a site-by-site basis,

but generally, replacement value

is calculated using the CTLA

Trunk Formula Method. For

smaller trees, or trees of lower

value, a replacement ratio may be

applied.

•Private trees: When replacement

trees cannot be accommodated

on the property, financial

compensation is required for

removal of trees that require a

permit

•In new developments, trees in

good condition generally require a

1:2 replacement rate

•If a permit is required, the applicant must submit an

arborist report to the Planning department.

•Guidelines for tree preservation and protection

•Tree By-law Guidelines, Guidelines for the Completion

of an Arborist Report, Urban Forest Management Plan

and Kingston Strategic Plan, 2015 to 2018 all support

urban forestry.

•Official Plan tree canopy target: 30%

•For private trees, when

replacement trees cannot be

accommodated on the property,

financial compensation is required

for removal of trees that require a

permit. When replacement trees

can be accommodated, the quantity,

species and size of replacement

trees shall be equivalent in value to

the value of tree(s) injured or

destroyed.

•Financial securities are collected

and retained for a minimum of two

years.

•Tree loss due to infill is not a

challenge in Kingston, most of

the actions in the by-law target

planning applications and

residents.