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HomeMy WebLinkAboutBy-law No. 2023-082THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2023-082 A BY-LAW TO ADOPT A TREE CANOPY AND PROGRAM POLICY AND WHEREAS Section 270 of the Municipal Act, 2001, S.O. 2001, c.25, requires a Municipality to adopt and maintain a policy for the manner in which the Municipality will protect and enhance the tree canopy and natural vegetation in the Municipality; AND WHEREAS Council for the Municipality of Bayham is desirous of enacting such a policy including language for the annual Tree Program; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: THAT the Tree Canopy and Program Policy attached hereto as Schedule "A" and forming part of this by-law is hereby adopted; 2. AND THAT this By-law shall come into full force and effect upon final passing. 3. AND THAT By-law No. 2016-036 be repealed. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 2"d DAY OF NOVEMBER 2023. MAYO-Ft CLERK A 'Ortunity Is M - Bayham Tree Canopy and Program Policy Section 1 — Purpose The purpose of the Tree Canopy and Program Policy is to encourage the protection and expansion of Bayham's tree canopy and natural vegetation through planting and maintaining vegetation on municipally -owned lands, as well as outline the procedure in which the Bayham Tree Program operates, which applies to privately -owned lands in the municipality. Section 2 — Scope This Policy shall apply to all lands within the boundaries of the Municipality of Bayham Section 3 — Definitions "Clerk" shall mean the Clerk of the Municipality, or designate. "Council" shall mean the Council of the Municipality. "Manager of Public Works" shall mean the Manager of Public Works of the Municipality, or designate. "Municipality" shall mean The Corporation of the Municipality of Bayham Section 3 —Application General Council respects the value of the trees and plantings in municipal parks and other municipally - owned lands. Preservation and expansion of tree canopies and vegetative cover contributes to a healthy and vibrant community. Trees are a valuable asset to the municipality as they: ■ Contributed in the reduction of carbon dioxide levels; • Act as noise and visual buffers; • Moderate climate conditions by providing share and moderating wind and snow effects; • Provide shelter and food sources for wildlife; and, • Contribute to the Municipality of Bayham's aesthetic values through their colour and form. Tree Removal However, municipalities must adopt a pragmatic approach to tree removal within open municipal road allowances considering public safety, durability of assets, and reduction of exposure to liability. The decision to remove trees from, and conduct brushing activities in, a municipal road allowance is a subjective decision which shall be made under the sole, absolute, and unfettered discretion of the Manager of Public Works, considering any and all of the following factors: • Road shading; Ditching and/or drainage requirements; + Clear Zone Offset distances; * The Ontario Roadside Safety Manual, and sector best practices; + Application legislation and associated regulations; + Any other relevant document or information as may be deemed prudent by the Manager of Public Works; and, The value trees bring to the municipality, as identified in the General section of this Policy. Development Applications Development in Bayham may require the removal of mature trees. It is the intent of this Policy to encourage replacement of any trees removed in support of any development in Bayham. Any trees to be removed in support of any development and/or planning application before the Municipality shall be identified to the Municipality during the application phase and, if approved, reasonably replaced within the development plans presented in support of such an application. These development plans may require a Tree Planting Plan to be provided, identifying the type and location of each proposed tree. Approval of tree removal may require input and the issuance of a permit by the Elgin County Tree Commissioner. Any development and/or planning application before the Municipality, in which at least one (1) private buildable lot is to be created through the process, shall be required to plant at least (1) tree on each buildable lot. Decision regarding the type and location of any tree required under this Section shall be to the satisfaction of the Manager of Public Works. Section 4 — Bayham Tree Program Annually with the Municipality's budget, Council may provide an amount of funding for tree planting on private property. The funding shall be administered through the Bayham Tree Program (hereinafter in this Section, the "Program"). The Program is a first -come, first -served, application -based program open to any person wishing to plants trees on private property within the municipality. Applications for the Program will open for a four -week period in the spring of any calendar year. The four -week period shall be determined by staff and is heavily dependent on the scheduled delivery date of tree stock. The maximum number of trees a single property can request in a single calendar year shall be two (2). At the close of applications, all applications will be reviewed by staff to determine whether the budget can accommodate all trees requests. If it can, all applications will be submitted for bulk purchasing. If it cannot, only the applications received within the scope of the identified funding will be submitted for bulk purchasing. If staff become aware of budgetary constraints during the open application process, staff, at their sole, absolute, and unfettered discretion, may either 1) close applications prior to the identified closing date; or, 2) approach Council to expand funding for the Program in the applicable calendar year. Ultimately, any submitted applications that cannot fit within the approved budget for the Program will not be filled. If, at the close of applications, there are extra trees, staff may extend the application period at their discretion. Trees shall be provided via a Pick-up Day to be held at the Public Works Yard, 8354 Plank Road, at a date and time to be determined annually by staff. The Pick-up Day will be the sole method of receiving your allotted trees. Staff may at any time apply for any grant or funding opportunity in support of the Program. Trees purchased by the Municipality in support of the Program will be two -gallon stock. Staff will determine the type(s) of trees available for a given calendar year. Applications will be contingent upon the trees being placed wholly on private property and at least two (2) metres from any lot line. The landowner applying for and obtaining trees through the Program shall be solely responsible for the planting and ongoing maintenance of same. Administration Any Sections regarding tree planting and/or removal or maintenance or Municipal lands shall be administered by the Manager of Public Works. The Bayham Tree Program shall be administered in joint by the Clerk and Manager of Public Works.