3135 To authorize the implementation of a tree policy in and for the Town of TillsonburgTI -IE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 3135
A By -Law to authorize the implementation of a tree policy in and
for the Town of Tillsonburg.
WHEREAS Section 312 of the Municipal Act, Chapter M.45, R.S.O. 1990 authorizes the
Council of the Corporation of the Town of Tillsonburg to pass a by-law for the following:
a) Authorizing and regulating the planting of trees of shade and ornamental trees within a
municipal boulevard in accordance with a policy or municipal by-law;
b) For preserving trees;
c) For prohibiting injury or destruction of trees;
d) For the removal of trees in accordance with a policy;
e) For the promotion of planting of certain types of trees;
f) For authorizing an appropriate Member of Town Staff or their contractor to supervise
the planting, trimming and removal of trees in accordance with this policy.
AND WHEREAS the Council of the Corporation of the Town of Tillsonburg has
dedicated significant volunteer and financial resources to the planting of trees in the
Town of Tillsonburg.
THEREFORE BE IT RESOLVED that the Council of the Corporation of the Town of
Tillsonburg enacts as follows:
1. That the Council of the Town of Tillsonburg authorize a tree policy in and for the
Town of Tillsonburg as attached as Schedule "A" to this by-law;
2. That Schedule "A" attached hereto is hereby declared to be a part of this by-law as if
written and incorporated herein.
3. That the Council of the Corporation of the Town of Tillsonburg set forth and establish
a Tree Advisory Committee reporting to the Tillsonburg Parks, Community Centre &
Recreation Commission in accordance with the Tillsonburg Tree Policy.
READ A FIRST AND SECOND TIME this 13"' DAY OF DECEMBER, 2004
READ A THIRD TIME, PASSED, SIGNED, SEALED and NUMBERED 3135 this 101
day of March, 2005.
ayor — Stephen Molnar
Clerk — Michael Graves
TREE POLICY FOR THE TOWN OF TILLSONBURG
I. Definitions
II. Mission Statement
III. Tree Committees
.IV. Tree Removal
V. Tree Trimming
VI. Tree Planting, and Replacement
VII. Tree Protection
V111. Tree Inve mory & Nursery
IX. Public Awareness & Participation
X. Policy Change
Part I Definitions
1. "Boulevard" shall mean that portion of every highway and roadway within the
limits of the Town that is not used as a sidewalk or as a traveled roadway, along
with all other municipally owned property such as parks parkettes and cemeteries.
2. "Tree or 'frees" shall include all trees, shrubs, and saplings now or hereafter
planted or left growing in or on a boulevard.
3. Persons -- shall refer to individuals and not the Corporation.
4. TAC — shall refer to members of the Tree Advisory Committee.
5. Town's contractor - shall refer to any qualified contractor contracted by the town
to assist with tree evaluation, planting, trimming and removal.
Part II Mission Statement (Objective)
Every attempt shall be made to:
1. Preserve and enhance the existing tree population on Boulevards and streetscapes
focusing on the mature Carolinian trees, in a way that will be suitable aesthetic and
provide, at the same time, a practical base of high shade for the Town.
GOALS
2. Encourage members of the general public to involve themselves in the
preservation, planting, and maintenance of trees on private property to achieve the
following goals:
• Conserve hydro
• To improve sun safety
• Improve the environment
• Beautify the Town of Tillsonburg
Part III Committee
l . The Tree Advisory Committee (henceforth referenced as T.A.C.)
a) The Commission will establish (a Tree Advisory Committee to meet from time to time
to discuss and recommend Tree promotion and policy.
b) The Committee shall be composed of
- staff representative from Operations
- staff representative from Community Services - Parks,
- A member of the Chamber of Commerce and or the BIA at their
discretion
Five members c f the general public appointed by Council
c) As well as working towards the general objectives of the policy, the Committee shall
be responsible for implementing Part IX of the Tree Policy Public Awareness and
Participation.
d) A chairperson shall be elected from within the Committee at its first meeting of each
new calendar year.
e) The Committee may make recommendations to advise on planting locations and major
planning at the end of the year.
The following policies (Parts IV, V, VI) shall be followed by any town representative
engaged in tree removal, trimming, planting and replacement.
Part IV Tree Removal
Trees shall only be removed on boulevards where necessary due to death or decay (as
determined by the appropriate by the staff member or the town's contractor); driveway
installation and boulevard parking: street widening, sidewalk construction, utility
installation and maintenance, buil&ing construction, underground servicing. Town staff
will make decisions regarding other situations not specifically covered in these policies
with recommendations from the T.A.C.
1. Notification
a) The appropriate member of town staff or the town's contractor shall post a notice on
the tree or trees involved; of any intended tree removal. This acknowledgement in no way
obliges the Town nor does it accept any liability for future action or expense. T.A.C. will
also be notified.
b) Concerned citizens may respond to town either directly or via correspondence through
the Customer Service Centre. T.A.C. will be copied on above.
c) Where a number of trees are to be removed in a block and it appears that the character
of the street will be affected, all residents in the block shall be advised and, where
deemed necessary, a meeting will be held to explain the situation.
d) Wherever it is deemed expedient in the public interest to remove any tree due to an
emergency or hazard situation (which for the purpose of this policy would be a potential
danger to persons and/or property) the appropriate department member of Town may
remove such a tree without written notification to the owner or occupant of the abutting
property.
e) The member of town staff initia-.ing the process of tree removal shall advise the body
of TAC prior to action being taken except in an emergency situation when TAC will be
notified after an emergency situation.
2. Trees to be Removed
a) The appropriate town staff or town's contractor shall assume the cost of removal for all
trees which in the opinion of the member body require removal due to death, decay or
deterioration condition, or present a hazard to the public.
b) Town staff or the town's contractor will review questionable trees prior to removal a
report will be sent forward to TAC for review.
d) Trees to be Removed Due to Street Widening, Sidewalk Construction, Utility
Installation and Maintenance
i. When any work is pending, T.A.C. shall advised and a report will be prepared
to show how the proposed project will be completed, and what efforts will be
taken in an effort to minim.ze damage or disruption to the trees involved.
ii. The trees so affected shall be removed in accordance with the policies as
contained in clauses 1 and'?
e) Trees to be Removed Which Have Caused Damage to Curbs and Sidewalks, Buildings
Construction, Roots in Underground Services and Other Situations.
i. In general, the Corporation of the Town of Tillsonburg accepts no liability for
damage to sidewalks, driveways, foundation walls, patios, etc. supposedly caused
by tree roots. If it is found to be necessary to remove a tree for this reason, it will
be removed according to the policies as contained in clause 1 and 2.
ii. Trees on Town property that may interfere with proposed building construction
would be assessed by the pDlicies as contained in clause 1 and 2.
iii. Tree problems involvin;�, roots in underground services shall be evaluated on
an individual basis. If a tre(; is in a sound condition and of an acceptable variety, it
shall not be removed unles;3 its position is such that it will impede replacement of
the underground services. If it requires removal, it shall be done according to the
policies as contained in clause 1 and 2.
f) Tree Removal and Trimming on Private Property
In general, Town staff or the Town's contractor shall not trim or remove trees on
private property. The Town shall obtain written consent from the property owner
prior to commencing trimming or removal of private trees, except when an
emergency condition exi stS. The TAC shall be notified in writing of requests for
removal of private trees.
Part v Tree Trimming
1. All trimming shall take into consideration the aesthetic value of the location and
continued health of the tree(s) involved.
2. Only authorized personnel of th�� appropriate Town staff or the town's contractors shall
trim or prune trees on Town boulevards.
3. In general, trimming is done for overhead line clearing purposes, to improve street
lighting, traffic signals at intersections and/or signage obstruction and storm damage and
as required after tree inspection.
4. All trimming and pruning shall lie done in accordance with the Occupational Health
and Safety Act.
Part vI Tree Plantinj and Re )lacement
l .An active policy of tree planting and replacement shall be maintained by T.A.C. After
yearly consultation, each department with representation on
T.A.C. shall appropriate reasonabl, funds to carry out the planting policy.
2. Only Town staff or the Town's contractors shall plant trees on Town boulevards.
3. Only those species of trees (see .Appendix) will be planted that are suitable to thrive in
this zone and that: meet the following criteria:
a. Suitable for location see Appendix
b. Require minimal maintenance
c. Maxim=ize existing budget
d. Do not pose undue clean-up
4. In general, town staff or the town's contractors shall replace each tree with 2 trees in
the general geographic area where the existing trees were removed, such trees having a
minimum caliper of 50mm (2 inch.: s) and 250 cm (8 feet) in height, depending on
available space and variety of trees.
5. In new areas o:E the Town, town staff or the town's contractors will attempt to plant
trees with a appropriate spacing based on species, keeping in mind street lighting and
other requirements.
6. Trees shall not be planted until utilities are checked and curbs, gutters, and sidewalks
installed.
7. In addition to the regulation of public property planting all developers of private
subdivisions will submit a landscaping or planting plan to Town of Tillsonburg for
approval.
Part VII Tree Protection
1. No person or private body :ihall:
a) Willfully or maliciously injure, hurt, deface, tear, cut, destroy or break or cut
down any tree, shrub or plant, or any box, stake or other guard or device installed.
for the protection and preservation of any tree, shrub or plant upon a boulevard.
b) Post or attach notices, signs, advertising devices or any object or thing on trees
upon a boulevard. or otherwise deface such trees that would injure or destroy the
tree.
c) Use or occupy a boulevard for any purpose whatsoever causing damage or
injury to trees, shrubs or pl ants upon the boulevard, or to the surface or subsurface
of such boulevard.
d) Undertake work of any hind whatsoever, over, upon or under a boulevard that
may cause injury or damage to a tree, shrub or plant upon a boulevard without
having first obtained the approval of the Town.
e) Willfully or maliciously break, injure, deface, dig up, remove or destroy a
boulevard'. or the soil, subsurface or sod thereof or dump, deposit or store upon a
boulevard., material of any kind whatsoever, including garbage or refuse.
f) Tap maple trees and other trees on public property.
2. Every person who contravenes Section VII is guilty of an offence and on summary
conviction is liable to a fine of not less that $800.00 and not more than $15,000.00
exclusive of costs, and is liable to an action at the suit of the Town to make good any
damages caused and this by-law may be enforced and the penalties thereunder recovered
in a like manner as by-laws of municipal Councils and the penalties hereunder may be
enforced and recovered, and every fine so imposed shall belong to the Town and placed
in the tree account.
Part VIII Tree Inventory
l .Annual record keeping shall be carried out to identify trees removed and planted and
reported to TAC.
Part IX General Sumiestions ;end Direction for Fnhancinu Public Awareness and
Participation
Promote Educational programmes in Town schools through the Board
of Education.
Liaison with like minded authorities such as the Long Point Region
Conservation Authority, the oxford Men of Trees, and the Ontario Shade
Tree Council.
Promote May 15th of each year as Arbour Day.
Promote an "adopt a tree" programme.
Promote a "memorial tree planting" programme.
- Promote the Arboi-etums
- Initiate Planting Bees
APPENDIX "All
TREES PROHIBITED
WILLOWS (Salix)
POPLARS (Populus)
AILANTHUS (Ailanthus Altissima')
CHINESE ELM (Ulmus P(arvifolia)
HONEY LOCUST (Gleditsia Triacanthos)
MULBERRIES (Mores)
BOX ELDER/MANITOBY� MAPLE (Acer Negundo)
ASH (Fraxinus)
RUSSIAN OLIVE (Elaeagnus Angiustifolia)
CRIMSON KING
HORSE CHESTNUT (Aesculus Hippocastanum)
SILVER MAPLE (Acer Saccharinum)
AMERICAN ELM (Ulmus- Americana)
GINKGO OR MAIDENHAIR TREE (Ginkgo Biloba) — Female Variety
BLACK WALNUT (Junglans Nigra)
TREES TEMPORARILY BANNED
NORWAY MAPLE (Acer Platanoides)
AUSTRIAN PINE (Pinus Nigra)
ASH (Fraxinus)
TRIES RECOMMENDED
ON B0U.LEVARD PLANTING
STREET PLANTING SMALL kl>TREET TREES,
SWEET GUM (Liquidambar Styrc-iciflua)
SERVICEBERRY (Amerlanchier Canadensis)
IVORY SILK LILAC (Syringa `Ix ory Silk")
ORNAMENTAL CRABAPPLE (ldalus ` White Angel')
EASTERN REDBUD (Cercis Canadensis)
LITTLE LEAF LINDEN (Tilia Cordata)
GLENLEVEN LINDEN (Tilia `G' enleven')
BLUE BEECH (Carpinus Caroliniana)
STREET PLANTING LARGE 'STREET TREES,
NORTHERN CATALPA (CatalpG. Speciosa)
HORSE CHESTNUT (Aesculus 'Baumannii')
HONEY LOCUST (Gleditsia Tric?tnthos var. inermis)
EUROPEAN BEECH (Fagus Sylvatica)
KENTUCKY COFFEE TREE (Gymnocladus Dioica)
BASSWOOD (Tilia Americana)
TULIP TREE (LiriodendronTulipifora)
BLACK MAPLE (Acer Nigrum)
SUGAR MAPLE (Acer Saccharur-i)
RED MAPLE (Acer Rubrum)
WHITE OAK (Quercus Alba)
BUR OAK (Quercus Macrocarpa)
CHESTNUT OAK (Quercus Prints)
NORTHERN RED OAK (Quercus Rubra)
BLACK OAK (Quercus Velutina)
SCARLET OAK (Quercus Coccinea)
HACKBERRY (Celtis Occidentalis)
AMERICAN SYCAMORE (Platalius Occidentalis)
WHITE ASH (Fraxinus American,.)
BLACK ASS H (Fraxinus Nigra)
GREEEN ASH (Fraxinus.Pennsyl,vanica)
YELLOW WOOD (Cladrastis Lut a)
STREET PLANTING (DOWNT OWN
Pyramidal Pyrus
Quercus
Fagus
RAVINE MARGIN & UPL,ANR PARKS
ALL MAPLES LISTED ABOVE
ALL OAKS LISTED ABOVE
EASTERN REDBUD (Cercis Canadensis)
FLOWERING DOGWOOD (Cornus Florida)
PAGODA DOGWOOD (Cornus Alternifolia)
WITCH HAZEL (Hammamelis)
COMMON SASSAFRAS (Sassafi-as)
AMERICAN BASSWOOD (Tilia Americana)
EASTERN WHITE PINE (Pinus Strobus)
AMERICAN BEECH (Fagus Grandifolia)
EASTERN HEMLOCK (Tsuga Canadensis)
BLACK LOCUST , (Robinia Pseudoacacia)
DOWNEY SERVICEBERRY (Arnelanchier Arbor)
KENTUCKY (COFFEE -TREE (Gymnocladus Dioicus)
QUAKING ASPEN (Populus Tremuloides)
EASTERN I-IOPHORNBEAM (Ostrya Virginiana)
CHOKECHERRY (Prunus Virgintana)
CHINQUAPIN OAK (Quercus Mijehlenberg)
PIN OAK (Quercus Palustris)
NORTHERN PIN OAK (Quercus Ellipsoidallis)
AMERICA MOUNTAIN ASH (Sorbus American)
SHAGBARK HICKORY (Carya Ovata)
BIITERNUT HICKORY (Carya C ordiformis)
EASTERN RED CEDAR (Juniperus Virginiana)
RED PINE (Pinus Resinosa)
RAVINE BOTTOMS AND STREAM MARGINS
WITCI-H HAZEL (Hammamelis)
COMMON SASSAFRAS (Sassafras)
HEMLOCK (Tsuga Canadensis)
OSAGE ORANGE (Maclura Pom ifera)
SHINING WILLOW (Salix Lucid?.)
AMERICAN SYCAMORE (Plataius Occidentali)
BLACK GUM OR TUPELO (Nyssa Sylvatica)
YELLOW BIRCH (Betula Alleghaniensis)
PAPER BIRCH (Betula Papyrifer(a)
GRAY BIRCH (Betula Populifolica)
SWEET BIRCH (Betula Lenta)
YELLOW ALDER (Alnus)
SWAMP WHITE OAK (Quercus BiColor)
BLACK WALNUT (Juglans Nigra)
NORThERN WHITE CEDAR (Thuja Occidentalis)
TAMARACK (Larix Laricina)
CUCUMBER TREE (Magnolia A -.-.uminata)
PAWPAW (Asimina Triloba)
EASTERN REDBUD (Cercis Canadensis)
FLOWERING DOGWOOD (Cornus Florida)
I -I
WINDBREAKS AND SCREEM�
EASTERN WHITE PINE (Pinus 'Strobus)
NORThERNWHITE CEDAR (Thuja Occidentalis)
WHITE, SPRUCE (Picea Glauca)
NORWAY SPRUCE (Picea Abies)