4001 To regulate the planting, maintenance, protection, preservation and removal of trees on municipal landsCORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NUMBER 4001
A BY-LAW to regulate the planting, maintenance, protection, preservation and removal
of trees on municipal lands within the Town of Tillsonburg.
WHEREAS, Section 135 (1) of the Municipal Act, 2001, S.O. 2001 c.25 (Act) authorizes a
local municipality to prohibit or regulate the destruction or injuring of trees;
AND WHEREAS, Section 62 (1) of the Act authorizes a municipality, at reasonable times, to
enter upon land lying along any of its highways to inspect trees, and conduct tests on trees,
and to remove decayed, damaged or dangerous trees or branches of trees if, in the opinion of
the municipality, the trees or branches pose a danger to the health and safety of any person
using the highway;
AND WHEREAS, Section 391 of the Act provides that a municipality may pass by-laws
imposing fees or charges on any class of persons for services or activities provided or done
by or on behalf of it;
THEREFORE BE IT RESOLVED That the Council of The Corporation of the Town of
Tillsonburg enacts as follows:
1. SHORT TITLE
This By-Law shall be known as the "Tillsonburg Tree By-Law" of the Corporation of the
Town of Tillsonburg,
2. ADMINISTRATION
This by-law shall be administered and enforced by the Director of Recreation, Culture
& Parks, or the Director of Operations for the Town of Tillsonburg or authorized designate.
3. INTERPRETATION
1. Director- Means the Director of Recreation, Culture & Parks or the Director of
Operations for the Town of Tillsonburg or authorized designate;
2. Highway- Means a common and public highway, street, avenue, parkway,
roadway, bridge, viaduct or trestle, any part of which is intended for or used by the
general public for the passage of vehicles and includes the area between the lateral
property lines thereof;
3. Municipal property - Refers to any land that is owned by the Corporation of the
Town of Tillsonburg;
4. Person- Includes a company, a corporation, a partnership or an individual person,
and the singular shall include the plural;
5. Third Party - Refers to any person who may have be considered an expert in the
particular field, or have authority over local conservation, and
6. Tree - Means any shade or ornamental tree, all or part of which is located on
municipal property or on, above or below a public highway.
4. AUTHORITY & DUTIES OF THE DIRECTOR
The planting, care and removal of all trees on municipal property shall be under the
supervision of the Director.
The Director is hereby authorized to do the following:
1. To plant or cause to be planted, trees on municipal property;
2. To water, fertilize, spray, trim or cause to be watered, fertilized, sprayed, or trimmed
any tree growing on municipal lands, or on private property where the branches
extend over a highway;
3. To remove or cause to be removed without notice or compensation to any person,
anything which in his opinion adversely affects a tree, a stake, post, guard or other
object supporting such tree;
4. To remove or cause to be removed any tree or part of a tree which in his or her
opinion is decayed, diseased or hazardous to the public;
5. To remove or cause to be removed any tree or part of a tree which interferes with
existing or proposed municipal services;
6. To impose such terms and conditions he or she deems necessary in granting
written authorization;
7. To take whatever measures deemed necessary in his or her judgement to extend
the useful life of a tree without impacting on public liability.
5. PROHIBITED ACTIVITY
No person shall, without the prior written authorization of the Director, do or cause or
permit to be done, any of the following in relation to trees on municipal property:
1. Plant, remove, or cut down a tree or any part of a tree;
2. Mark, cut, break, debark, deface, damage or in any manner injure or destroy a tree,
or any part of a tree;
3. Spray, fertilize, prune, trim, disturb, or alter a tree or any part of a tree;
4. Tack, paste or attach a bill or note or any other thing to a tree or a stake, post,
guard or other object supporting such tree;
5. Do or cause to be done any work on municipal property or lands adjacent thereto
which will affect any tree growing thereon;
6. Deposit, place, store or maintain any stone, brick, sand, soil, concrete or other
material, or any vehicle or equipment that may impede the free passage of water,
air or nutrients to the roots of a tree;
7. Allow any gaseous, liquid or solid substance which is harmful or toxic to trees to
come into contact with any tree;
8. Interfere with fences, boxes or other protective devices placed around any tree;
9. Alter or change soil levels in the vicinity of any tree in a manner likely to cause
injury to the tree, and
10. Excavate, disturb or compact soil within the drip line of a tree, being the area at the
outer edge of the spread of the tree's branches.
6. PLANTING
6.1. Where a person has received prior written authorization from the Director to plant,
or cause to be planted, a tree on municipal property, such planting shall be done
under the supervision and to the satisfaction of the Director, and in accordance
with the terms and conditions of the written authorization.
6.2. No person shall plant, or cause to be planted, on municipal property a prohibited
species of a tree designated in Appendix "A".
6.3. Trees listed in Appendix "A" may be planted on municipal property.
7. CONSTRUCTION & EXCAVATION
7.1. Where a person has received prior written authorization from the Director to do or
cause to be done any work on municipal property or lands adjacent thereto which
will affect any tree growing thereon, such work shall be done in accordance with the
terms and conditions of the written authorization and if the same cannot be followed
for any reason, such person shall apply to the Director for instructions and
directions.
8. REMOVAL
8.1. Where a tree is identified as unhealthy or no longer desirable by the Town, but
poses no immediate safety risk to the public, a Notice of Removal as outlined in
Appendix "B" shall be affixed to the tree for fourteen (14) days.
8.2. The Notice shall outline the date the Notice was posted, whether the tree will be
removed in whole or in part, a reason why the tree is being removed, the Town's
contact information, and how objections may be raised.
8.3. If no objection is received by the Director within the fourteen (14) day period, the
Town may proceed with removal in whole or part of the designated tree.
8.4. If a member of the public is in objection of the removal in whole or part of the
tree, a notice of objection outlining the reasons for the objection shall be filed
with the Director within the fourteen (14) day period.
8.5. If in the event an objection is raised by a member of the public, the Director shall
schedule a meeting with the objector and any other third party who may assist with
the matters raised in the objection.
8.6. If a mutual understanding between the Director and the objector cannot be
reached, the objector may appeal to Council at the next regularly scheduled
Council meeting by submitting a standard Council delegation request.
8.7. At any time an objector may withdraw the objection to the removal of the tree in
whole or part.
9. REVOCATION OF WRITTEN AUTHORIZATION
The Director may revoke written authorization that has been previously granted where:
1. The terms and conditions of the written authorization are not complied with, or
2. Any instructions or directions of the Director are not complied with.
10. TREES LOCATED ON PRIVATE PROPERTY
10.1. No person shall cause or permit any part of a tree planted on private property to
obstruct, be a hazard to or interfere with travel on a highway. The Director may require
the removal of any part of the tree which causes an obstruction, a hazard to or
interference with travel by notice in writing to the owner of the property on which the
tree is planted. If the demand for removal is not complied with within the time-limit
provided therein, the Director may cause any part of the tree to be removed from the
public highway and may charge the cost of such removal to the owner of the property
by adding the cost to the tax rolls of the property to be collected in the like manner as
municipal taxes.
11. TOWN & PUBLIC UTILITY INSTALLATIONS
11.1 The provisions herein shall not limit the rights and obligations of the Town, or any
public utility to construct, install, maintain and repair any road, sidewalk, sewer,
watermain, public utility, telephone, hydro, or other installations pursuant to any statute
or regulation.
12. PENALTY
12.1. Except as otherwise provided for in this By-Law, every person whether as principal or
agent, or an employee of either of them, who contravenes any provision of this By-
Law, upon conviction, is guilty of an offence and, is liable to a fine of not more than
$5,000 pursuant to the provisions of the Provincial Offenses Act.
12.2. Any sum due to the Town in connection with the enforcement of this By-Law
may be added to the collector's roll for the appropriate property and be collected in
the like manner as municipal taxes.
13. REPEAL-ENACTMENT
1. THAT By-Law 3135, Tillsonburg Tree Policy, enacted March 14, 2005, be hereby
repealed in its entirety;
2. AND THAT this by-law comes into full force and effect on the day of passing.
READ A FIRST AND SECOND TIME THIS 29th day of March, 2016.
READ A THIRD AND FINAL TIME AND PASSED THIS 29th day of March, 2016.
AYOR - Stephen Molnar
TOWN CLERK- Donna Wilson
0
APPENDIX A
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NO. 4001
TABLE OF CONTENTS
PAGE CHAPTER/TABLES
1 What Trees Can Do For You!
2 TABLE: A “TREES NOT RECOMMENDED”
3 TABLE: B TREES RECOMMENDED FOR BOULEVARDS
4 TABLE: C STREET PLANTING “LARGE TREES”
5 TABLE: D TREES - RAVINE BOTTOMS AND STREAM MARGINS
6 TABLE: E TREES - RAVINES AND UPLAND PARKS
7 TABLE: F STREET PLANTING “SMALL TREES”
1
WHAT TREES CAN DO FOR YOU*
Whether you own a woodlot, farm, rural property, or live in town, trees are essential for life.
Below please find a list of everyday benefits of trees:
******
Prevent nutrients and pesticides from entering streams and rivers
Provide income from agro-forestry (e.g. tree nuts, Christmas trees)
Provide income from lumber, fuelwood, pulp, and fibre
Act as carbon sinks to combat climate change
Provide sound and sight barriers (e.g. along busy roads, traffic and buildings)
Act as living wind breaks, and snow fences
Provide summer shade for livestock and people
Provide buffers along stream banks
Reduce flooding and soil erosion
Trap moisture and store water (e.g. for cities and towns)
Increase property values
Provide organic matter
Provide raptor perches
Beautify the landscape
*Published by CAROLINIAN CANADA COALITION (almost verbatim)
Addenda: Provides FOOD, SHELTER, NESTING SITES, and WATER for a host of Wildlife
SPECIES (e.g. birds, animals, butterflies, etc.)
******
Did You Know? (a) There is no record of a beech tree being struck by lightning!
(b) If you know silence and patience…welcome the company of trees!
(c) What is in the heart of a man…when he plants a tree…in the shade
of which he knows he may never sit?
(d) CONSERVATION begins with the realization and hope, that
there is…a TOMORROW!
2
TABLE A – TREES “NOT RECOMMENDED”
NAME
(Genus) COMMENTS
WILLOWS (Salix) high maintenance, leaves & twigs messy, roots
plugging drains, forever cleaning up
POPLARS (Poplar) aggressive root systems, similar to willows,
drainage problems
TREE-OF-HEAVEN (Ailanthus) a.k.a. Chinese Sumac, leaves, twigs, seed, high
maintenance
HONEY LOCUST (Gleditsia) thorns, decay resistant, high maintenance,
leaves, seeds, etc.
WHITE
MULBERRY (Morus) messy, but irresistible to birds, stains
everywhere
MANITOBA
MAPLE (Acer) a.k.a. Box Elder, compound leaves, brittle,
messy, invasive…basically a weed tree
*ASH - all species (Fraxinus) ravaged by Emerald Ash Borer since early 1990s
in Ontario *Planting PROHIBITED
RUSSIAN
OLIVE (Elaeagnus) thorny, invasive, not too winter hardy
HORSE
CHESTNUT (Aesculus) seeds bitter and poisonous
SILVER
MAPLE (Acer) twigs brittle, bark sheds, aggressive roots
AMERICAN ELM (Ulmus) a.k.a. White Elm, very susceptible to Elm Bark
Beetle (some trees seem resistant to beetle)
GINKGO
(Maiden Hair Tree) (Biloba) don’t plant female of the species – very pungent
odour of seeds and husks
**BLACK WALNUT (Jugulans) roots/leaves bleed toxic juglone that affects,
most vegetation, even its own saplings
*NORWAY MAPLE (Acer) cross pollinates with our Native Maples, many
cultivars e.g. Crimson King, Schwedlers Maple
CHINESE ELM (Ulmus) introduced, adapts to infertile/dry sites and used
as windbreaks in some locales
AMERICAN
CHESTNUT (Castanea) blight ravaged over the last 100+ years
LONDON
PLANE-TREE
(Platanus x
acerifolia)
resembles American Sycamore, leaves Maple-
like, tolerant in urban areas, a sycamore cross
CATALPA (Catalpa) a.k.a. Bean Tree, very invasive, messy, rapid
growth
*PROHIBITED
** Choose planting area with caution
Also, do not plant: Black Locust, European Black Alder, Autumn Olive (shrub), Red Beech
(ravaged by bark disease)
3
TABLE B – TREES RECOMMENDED FOR BOULEVARDS
NAME (Genus) FAMILY BEST
SOIL ** COMMENTS
*a.k.a.
SWEET GUM (Liquid
Amber) Witch Hazel moist
sandy USA a.k.a. Star Leaf Gum, orange fall
leaves, like turkey feet (shape)
SERVICE BERRY (Amelanchier) Rose moist
sandy CC a.k.a. Juneberry, Indian Pear,
wildlife food, sweet/juicy
COMMON LILAC (Syringa) Olive moist
loam EUR many cultivars, most planted
bush in Canada
WHITE FLOWERING
DOGWOOD (Cornus) Dogwood moist
sandy CC a.k.a. Flowering Dogwood,
white 4 leaf petals, wildlife food
WILD CRABAPPLE (Malus) Rose variety N its range defines Carolinian
area, wildlife food, jams/jellies
EASTERN REDBUD (Cercus) Legume variety CC a.k.a. Judas Tree – flowers (red
buds) appear before leaves
LINDEN/
BASSWOODS (Tilia) Linden loams
clay N a.k.a. Littleleaf Basswood,
wildlife food, soft texture wood
BLUE BEECH (Carpinus) Birch moist
clay N a.k.a. Hornbeam, add mulch to
soils b/f planting, shade tolerant
RED MULBERRY (Morus) Mulberry moist
sandy CC rare in Canada, deer browse,
irresistible wildlife food
BURNING BUSH (Euonymus) Staff Tree moist
sandy N a.k.a. Spindle Tree, bark
greenish-grey, twigs 4-sided
SASSAFRAS (Sassafras) Laurel moist
sandy CC rare in Canada, 3-shapes of
leaves(on same tree), shade tolerant
IRON-WOOD (Ostrya) Birch well-
drained N a.k.a. HopHornbeam, shade-
tolerant, bark shaggy, hardwood
*a.k.a. – also known as
** N denotes Native Species
CC denotes Carolinian Canada Species
*** Only 1 Species Native to Canada
4
TABLE C – STREET PLANTING “LARGE TREES”
NAME (Genus) FAMILY BEST
SOIL
** COMMENTS
*a.k.a.
*** BALSAM
POPLAR (Populus) Poplar moist
valleys N frequently used in
windbreaks, fast growing
*** EASTERN
COTTONWOOD (Populus) Poplar moist
loams N yellow fall leaves, leaves
triangular at base, large tree
*** LARGE-
TOOTHED ASPEN (Populus) Poplar moist soils N large ‘teeth’ on leaf margins,
leaf base rounded
KENTUCKY
COFFEE TREE (Gymnocladus) Cassia moist
loams-clay CC need full sun, decay resistant,
large leaves, compound
AMERICAN
BASSWOOD (Linden) Linden moist
slopes N a.k.a. American Linden,
shade tolerant, great den trees
TULIP TREE (Liriodendron) Magnolia moist
loams CC a.k.a. Yellow Poplar, large
trees, yellow-orange flowers
BLACK MAPLE (Acer) Maple moist
loams-clay N leaves appear wilted, grows
where Sugar Maple does not
SUGAR MAPLE (Acer) Maple well-drain
ed loam N hard maple, ‘fire-ball’ of fall
colours
RED MAPLE (Acer) Maple wide
variety N soft maple, real swamp lover,
like Silver Maple
NORTHERN
WHITE OAK (Quercus) Beech moist
loams N acorn, sweet food source
NORTHERN RED
OAK (Quercus) Beech moist
loams N acorn bitter food source, but
accepted when food scarce
BLACK OAK (Quercus) Beech dry acid
clays N a red oak, acorns VERY
bitter food source
SCARLET OAK (Quercus) Beech dry sandy USA leaves are scarlet, a Red Oak
species
NORTHERN
HACKBERRY (Celtis) Elm variety,
limestone
2sp N
CA
cherry-like fruit, shade
tolerant, ‘warty’ bark
YELLOWWOOD (Cladrastis) Bean moist sand USA bark is beech-like, small tree,
white flowers, wood yellow
*a.k.a. – also known as
** N denotes Native Species
CC denotes Carolinian Canada Species
*** Softwood (easily damaged by ice/wind storms)
5
TABLE D – TREES - RAVINE BOTTOMS and STREAM MARGINS
NAME (Genus) FAMILY BEST
SOIL
** COMMENTS
*a.k.a.
WITCH HAZEL (Hamamelis) Witch
Hazel
moist,
loam,shade CC deer browse, understory tree,
forked stick good diviner
SASSAFRAS (Sassifrix) Laurel moist
sand CC multi-coloured fall leaves, 3
shapes of leaves on each tree
HEMLOCK (Tsuga) Pine soil moist N hard wood, very shade
tolerant, likes wet ravines
OSAGE ORANGE (Maclura) Mulberry variety,
hardy
TX
area
a.k.a. Hedge Apple,
intolerant to shade, lrg fruit
AMERICAN
SYCAMORE (Platanus) Sycamore wet,variety
bottomland
CC/
N
mottled bark, very large tree,
shade tolerant tree
BLACK GUM (Nyssa) Dogwood low wet
soils CC a.k.a. Tupelo, scarlet autumn
leaves, under-story tree
YELLOW BIRCH (Betula) Birch variety,
rich, moist N a.k.a. Swamp Birch,
wintergreen fragrance
PAPER BIRCH (Betula) Birch variety N a.k.a. White Birch, can be
tapped for birch syrup
SPECKLED
ALDER (Alnus) Alder wet soils N often with black spruce or white
cedar, intolerant to shade
SWAMP WHITE
OAK (Quercus) Oak moist,
swamp CC uncommon in Canada, leaves
pale – hairy beneath
BLACK WALNUT (Jugulans) Walnut drained,
lowlands N a.k.a. American Walnut,
edible fruit, furniture wood
EASTERN WHITE
CEDAR (Thuja) Larch bogs ->
dry N a.k.a. arbor-vitae, dull
yellow-green leaf, slow grow
TAMARACK (Larix) Larch bogs ->
loams N wet, cool bogs, deciduous
conifer
CUCUMBER TREE (Magnolia) Magnolia moist-wet,
sandy CC very rare, endangered
species, flowers large
PAWPAW (Asinima) Custard
Apple
rich moist,
sand, clay CC a.k.a. jasmine, shade tolerant,
false banana, red-purple flwr
EASTERN
REDBUD (Cercis) Legume variable
loams CC a.k.a. Judas Tree, understory,
red flowers before leafing
*a.k.a. – also known as
** N denotes Native Species
CC denotes Carolinian Canada Species
*** Also include in this Table D – Pine Bark, Nannyberry, Red Osier Dogwood, Silky Dogwood and
Spicebush
6
TABLE E – TREES - RAVINE MARGINS and UPLAND PARKS
NAME (Genus) FAMILY BEST
SOIL
** COMMENTS
*a.k.a.
ALL
MAPLES (Acer) Maple -- N See Tables C & D for Details
ALL
OAKS (Quercus) Beech -- N See Tables C & D for Details
REDBUD (Cercis) Legume variable CC a.k.a. Judas Tree, understory, red
flowers before leaves come out
WHITE FLOWERING
DOGWOOD (Cornus) Dogwood acid sandy CC ancient tree, multi-stemmed or
tip flower, 4 showy bracts
WITCH HAZEL (Hamamelis) Hazel moist
loam N excellent deer food, an
understory tree, good diviner
SASSAFRAS (Sassafras) Laurel moist sand CC multi-coloured fall foliage,
leaves have 3 patterns
AMERICAN
BASSWOOD (Tilia) Linden moist
slopes
1sp N
CA
a.k.a. Linden, shade tolerant,
great den tree for wildlife
WHITE PINE (Pinus) Pine well-drained
sand N our Provincial Tree (ON),
wildlife food, -5 needle bundles
EASTERN
HEMLOCK (Tsuga) Pine moist
slopes N short needles, some wildlife
value, bark value Tannin
DOWNY SERVICE
BERRY (Amelanchier) Rose variety N sensitive to salt, ozone, clouds of
showy white flowers
KENTUCKY
COFFEE TREE (Gymnocladus) Legume moist
sandy CC last to leaf-out, 1st to fall, very
large compound leaves, full sun
QUAKING ASPEN (Populus) Willow light sandy N a.k.a. Trembling Aspen, deer
browse, beaver browse
HOP HORNBEAN (Ostrya) Birch well-
drained N a.k.a. Ironwood, very hard,
tough, strong wood
GINKGO (Ginkgo) Ginkgo variable China a.k.a. Maidenhair Tree, leaves
fan shaped, plant MALE trees only
BLACK CHERRY (Prunus) Cherry wide
variety N bark like burnt toast, wildlife
food, berries, furniture wood
SHAGBARK
HICKORY (Carya) Hickory rich moist N main source of edible hickory
nuts, bark in loose strips
*a.k.a. – also known as
** N denotes Native Species
CC denotes Carolinian Canada Species
7
TABLE F – STREET PLANTING “SMALL TREES’
NAME (Genus) FAMILY BEST
SOIL
** COMMENTS
*a.k.a.
COMMON LILAC
(Syringa) (Syringa) Olive moist
loam EUR many cultivars, most common
plant in Canada
WHITE FLOWERING
DOGWOOD (Cornus) Dogwood moist
sand CC rare, food for wildlife, white
flowers, 4 white bracts
WILD
CRABAPPLE (Malus) Rose variable N excellent food (wildlife and
people) many cultivars
EASTERN
REDBUD (Cerus) Legume variable CC a.k.a. Judas Tree, food, flowers
appear prior to leaves
LITTLE-LEAF
LINDEN (Tilia) Linden loams,
clays EUR a.k.a. Dwarf Basswood, wildlife
food, tolerates urban areas
RED MULBERRY (Morus) Mulberry moist
sandy CC rare, deer browse, irresistible
berries for wildlife
BURNING BUSH (Euonymus) Staff Tree variable CC along streams, brilliant red in
fall, twigs 4-sided, corky wings
SWEET GUM (Liquid Amber) Witch
Hazel variable USA a.k.a. Red Gum, turkey foot leaf,
large tree
SERVICE BERRY (Amelanchier) Rose variable N excellent wildlife food, along
fence rows
SASSAFRAS (Sassifrix) Laurel variable CC multi-coloured fall leaves, 3
shapes of leaves, wildlife food
IRONWOOD
(HOP-HORNBEAM) (Ostrya) Birch well-
drained N the borders of streams and
swamps, smooth bark
PAWPAW (Asimina) Custard-
Apple
moist
sand CC a.k.a. Jasmine, false banana,
edible fruit, tolerant to shade
*a.k.a. – also known as
** N denotes Native Species
CC denotes Carolinian Canada Species
THIS NOTICE WAS POSTED ON:_________________
THIS TREE WILL BE REMOVED IN:
WHOLE
PART
REASONS FOR REMOVAL:
IN ACCORDANCE WITH BY-LAW 4001, OBJECTIONS
MAY BE RAISED TO THE DIRECTOR OF
_______________ NO LATER THAN 15 DAYS AFTER
THIS NOTICE HAS BEEN POSTED.
Town Contact Information:
Name
Position
Town of Tillsonburg
Contact Number
Email
Appendix B to By-Law 4001
NOTICE OF REMOVAL