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City of Waterloo By-Law Archive

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Page 1

Street Tree By-Law

By-law No. 99-10

Parks/For-hort/Forestry/Policies/tree by-law.doc

THE CORPORATION OF THE CITY OF WATERLOO

BY-LAW NO. 99-10

STREET TREE BY-LAW

ARTICLE

PAGE

NUMBER

1. TITLE OF By-Law ................................................................................................................................ 2

2. DEFINITIONS ...................................................................................................................................... 2

3. AUTHORITY OF TEAM LEADER........................................................................................................ 3

4. PROHIBITED ACTIVITIES .................................................................................................................. 3

5. INJURY TO TREES; PRECAUTIONS................................................................................................. 3

6. TREE SPACING REQUIREMENTS.................................................................................................... 3

7. PERMIT REQUIRED FOR PLANTING................................................................................................ 4

8. PERMIT CONDITIONS........................................................................................................................ 4

9. TREE REMOVAL AND PRINING; CONDITIONS ............................................................................... 4

10. UTILITIES ............................................................................................................................................ 4

11. REQUEST FOR TREE REMOVAL ....................................................................................................... 4

13. PENALTIES FOR OFFENCES.............................................................................................................. 5

13. REPEAL OF EXISTING BY-LAW’S..................................................................................................... 5

Page 2

Street Tree By-Law

By-law No. 99-10

Parks/For-hort/Forestry/Policies/tree by-law.doc

CITY OF WATERLOO

BY-LAW NO. 99-10

BY-LAW TO REGULATE PLANTING AND THE CARE OF STREET TREES WITHIN THE CITY

OF WATERLOO.

NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORTATION OF THE CITY OF

WATERLOO ENACTS AS FOLLOWS:

1. TITLE OF By-Law

This By-Law may be cited as the “Street Tree By-Law”

2. DEFINITIONS

In this By-Law,

“City” shall mean the Corporation of The City of Waterloo.

“City Street” shall mean

Any public highway, road, lane, alley, square, place, cul-de-sac, thoroughfare or

way dedicated to and assumed by the City of Waterloo as a public highway; and

II.

Any common or public highway referred in Section 258 of the Municipal Act.

“City Property” shall mean any property now or hereafter owned by or made available by lease,

agreement or otherwise to the Corporation of the City of Waterloo.

“Council” shall mean the Municipal Council of the Corporation of the City of Waterloo.

“Team Leader” shall mean the Environmental Team Leader or his/her representative.

“Local Residential Street” shall mean Urban Local Roads as defined in the official plan.

“Master Street Tree Planting Plan” shall mean a plan that has been developed through public

consultation and approved by the City, for a neighbourhood or street that lists the tree species

that are to be planted on a given street or lot.

“Conspicuous Sign” shall mean a durable sign suitable to outdoor climate, no smaller than 20 X

30 cm and no larger than 50 X 50 cm, with the heading Tree Removal Planned and listing date of

planned removal, and a contact phone number and address of those initiating the removal.

“Tree” shall mean any trees, shrubs, bushes, and all other woody vegetation planted or growing

in whole or in part on City right-of-way between the curb and property line along the side of City

streets or in medians of all streets within the City.

“Traffic Control Device” shall mean a traffic signal, regulatory or warning sign erected in

accordance with the Manual of Uniform Traffic Control Devices for Ontario by the road authority

having jurisdictions.

“Utility” shall mean an “operating corporation” as defined in the Public Services Works on

Highways Act, R.S.O. 1990, and a company or individual operation works for which an approval

has been given under By-Law #78-35 of the Corporation of the City of Waterloo.

Page 3

Street Tree By-Law

By-law No. 99-10

Parks/For-hort/Forestry/Policies/tree by-law.doc

3. AUTHORITY OF TEAM LEADER

The Team Leader is hereby authorized to:

(a) Issue permits for any activity permitted under this by-law:

(b) Enforce the terms and provisions of this by-law.

The Team Leader shall act at all times in conformity with the City Urban Forestry Policy and the

Street Tree Planting Standards and Specifications document.

4. PROHIBITED ACTIVITIES

No persons shall without first obtaining a written permit from the Team Leader:

A. Plant, remove, prune, disturb, cut above or below ground or alter in any way any tree on

public property.

B. Deposit, place, store or maintain on public or private property any stone, brick, sand,

concrete, soil or other materials (liquid or solid) or equipment which may impede the free

passage of water, air or nutrients to the roots of any tree or at any site prepared for tree

planting on City property. ‘

C. Fasten any sign, bill, notice, wire, rope, nail or other object to, around or through any tree on

public property in any manner or to, around or through the stakes, posts or guards which

support or protect any such tree.

D. Set fire or willfully or recklessly permit any fire to burn when such fire or the heat thereof will

injure any portion of any tree.

E. Interfere with fences, boxes, or other protective devices placed around any trees on City

property.

F. Alter or change soil levels in the vicinity of any tree in a manner likely to cause injury to any

tree.

G. Excavate any ditches, tunnels, and trenches or lay any walkway or driveway within a radius

of three (3) metres from a tree.

H. Cause or permit any excavation or soil disturbance or compaction within the dripline of any

trees.

5. INJURY TO TREES; PRECAUTIONS

Any person doing work upon city streets or city lands shall, in executing such work, take all steps

necessary, as specified in the Urban Forest Policy, to avoid injuring any tree; and if that person

finds it impossible to perform such work without injuring a public tree, they shall apply to the

Team Leader for instructions and directions.

6. TREE SPACING REQUIREMENTS

Trees planted upon streets shall conform to the Urban Forest Policy document.

Page 4

Street Tree By-Law

By-law No. 99-10

Parks/For-hort/Forestry/Policies/tree by-law.doc

7. PERMIT REQUIRED FOR PLANTING

No person shall plant any tree upon a city street or city lands without first obtaining a written

permit from the Team Leader. Any tree planted without such permit will be assessed, and may

be removed without notice or compensation to the person who planted the tree.

8. PERMIT CONDITIONS

The Team Leader may attach to any permit issued by him/her pursuant to this Article such terms

and conditions as he/she, form time to time, deems necessary for the protection, preservation or

replacement of any tree.

9. TREE REMOVAL AND PRINING; CONDITIONS

Subject to section 12 of this By-Law, trees which;

(a) Interfere with distribution of light from street lamps; or

(b) Interfere with the safe view of traffic control device that cannot reasonably be placed

otherwise or elsewhere; or

(d) Are leaning over the roadway such as to provide less than 4.27 metres (14 feet) vertical

clearance as measured at the curb line; or

(e) Are growing over a city sidewalk such as to provide less than 2.44 metres (8 feet) vertical

clearance;

(f) Have lost their structural stability and are deemed a hazard.

(g) Shall be pruned or removed as may be deemed necessary by the Team Leader.

Pruning of partly dead trees will be performed with the goal to preserve a safe street tree.

10. UTILITIES

No person working for or acting on behalf of a utility or hydro-electric commission may remove or

prune any tree except by order and direction of the Team Leader or by approval of City Council.

11. REQUEST FOR TREE REMOVAL

(a) A property owner may submit a request to the Team Leader for permission from City Council

for the removal of any tree from city property;

(b) Where the Team Leader receives a request to remover a tree from city property, the Team

Leader shall solicit the opinions of concerned persons by posting a Notice of Intent to remove

the tree by way of a conspicuous sign posted at the tree for at least a period of 14 days and

shall submit a recommendation to Council approving or disapproving the removal of the tree.

Page 5

Street Tree By-Law

By-law No. 99-10

Parks/For-hort/Forestry/Policies/tree by-law.doc

recommendation of the Team Leader.

12. TREE REMOVAL

Trees planted upon a street shall be removed when considered necessary in the public interest

and safety. Prior to such removal, notice will be posted (by way of a conspicuous sign posted at

such tree) for at least fourteen (14) days prior to removal. A replacement tree that is an

acceptable street tree species as determined through the Urban Forest Policy will be planted. In

the event of an emergency city staff have the authority to cut/remove any tree without notice

when considered necessary in the public interest and safety.

13. PENALTIES FOR OFFENCES

Any person who contravenes a section of this by-law is guilty of an offence and on conviction is

liable to pay:

(1) a fine of not more than $10,000.00 for the first offence;

(2) a fine of not more than $20,000.00 for any subsequent offence;

and every such fine shall be recoverable as prescribed in the Provincial Offences Act, R.S.O.

1990, c.P.33.

13. REPEAL OF EXISTING BY-LAW’S

That By-Law Number 90-105 and any other By-Law inconsistent with the provisions of this By-

Law is hereby repealed.

ENACTED AND PASSED this __________day of _________________1999.

_______________________

Mayor

Clerk

Page 6

Street Tree By-Law

By-law No. 99-10

Parks/For-hort/Forestry/Policies/tree by-law.doc

SUMMARY OF SIGNIFICANT CHANGES FROM EXISTING STREET TREE BY-LAW

AREA

OLD

NEW

REASON

Title

“90-105”

“Street Tree” By-law

Accurately reflects

content of new by-law

Authority

Generally where

required authority with

the by-law was

delegated to the

Commissioner of Public

Works and City

Engineer.

Where required,

authority with the by-law

has been delegated to

parks Team Leader.

Supports our efforts to

move responsibility to

the appropriate

operating areas.

Prohibited Activities

Prohibited activities

from old by-law remain.

Prohibited activities

have been updated to

include a more defined

listing of prohibited

actions.

Clearly identifies actions

that are not accepted.

Similar to other

Municipal by-laws.

Tree Spacing

Requirements

Many restrictions listed

Conform to Street Tree

Planting Standards and

Specifications

Identifies appropriate

document that

describes in detail the

planting requirements

for street tree planting

and must be used as

reference when doing

any street tree planting.

Undesirable Species for

City Trees

Tree of Heaven (Male

Only)

Section omitted

Covered under current

Street Tree Planting

Standards and

Specifications

document.

Permit Required for

Planting

Refers to removal of

trees planted on public

right-of-way by

residents.

No person shall plant

any tree upon City

streets or lands without

first obtaining a written

permit from the Team

Leader. Any tree

planted without such a

permit will be assessed

by staff and may be

removed without notice

or compensation.

Reflects a proactive

approach to allow

planting on city

properties with proper

approval, if no approval

is given then staff will

have to take appropriate

action upon assessment

of the tree.

Permit Conditions

No permit conditions

listed.

The Team Leader may

attach to any permit

issued by he/she

pursuant to this Article

such terms and

conditions as he/she,

form time to time,

deems necessary for

the protection,

preservation or

replacement of any tree.

Recognizes need for

flexibility when issuing

planting permits.

Page 7

Street Tree By-Law

By-law No. 99-10

Parks/For-hort/Forestry/Policies/tree by-law.doc

SUMMARY OF SIGNIFICANT CHANGES FROM EXISTING STREE TREE BY-LAW

CONTINUED…

AREA

OLD

NEW

REASON

Tree Removal and

Pruning

Section 9 in old by-law

Trimmed

Trimmed replaced by

Pruning.

Additional wording

added: f) trees that have

lost their structural

stability and are

deemed a hazard.

Reflects current

arboriculture

terminology and hazard

tree assessment

procedures.

Request for Tree

Removal

Removed from by-law:

…then soliciting the

opinions of the owners

of lands situated within

45 metres, measured

along the center line of

the street, from the limit

of the lot to which the

tree is appurtenant.

Added to new by-law:

…after having solicited

the opinions of

concerned persons by

posting a notice of intent

( a conspicuous sign

posted on such tree) for

at least 14 days prior to

removal.

Provides a new method

of informing persons of

intent to remove trees

and reduces the amount

of paper and time

required for proper

notifications.

Tree Removal

Removed from by-law:

…owner shall be

recompensated for his

trouble in planting and

protecting the tree and

such owner, if he so

desires, is entitled to

remove the tree himself,

but is not entitled to any

further or other

compensation.

Added to new by-law:

Prior to removal, notice

will be posted (a

conspicuous sign

posted at such tree) for

at least 14 days prior to

removal.

Clearly defines what will

happen when a tree is

removed.

Penalties for Offences

$5,000.00 penalty for

contravention.

Up to $10,000.00

penalty for a first

offence, and up to

$20,000.00 for

subsequent offences as

prescribed in the

Provincial Offences Act,

R.S.O. 1990, c.P.33.

New Provincial

Offences Act allows for

higher penalty. Similar

to other by-laws.

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