Proposed Site Alteration and Private Tree By-law CITY OF BRANTFORD May 11, 2010 Public Information...

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


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


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


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


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


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.


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


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.)




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.



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



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



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



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



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)


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


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%


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


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


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)


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.


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


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


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


PRIVATE TREE 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


PRIVATE TREE 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


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


Questions?

Proposed Site Alteration and Private Tree By-law CITY OF BRANTFORD May 11, 2010 Public Information...

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