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Elgin County Woodland Conservation By-lawCOUNTY OF ELGIN By -Law No. 05-03 (Woodlands Conservation By -Law) "BEING A BY-LAW TO PROHIBIT OR REGULATE THE HARVEST, DESTRUCTION, OR INJURING OF TREES IN THE COUNTY OF ELGIN" WHEREAS Section 135(2) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, permits the enactment of a By -Law by the Council of the County of Elgin to prohibit or regulate the destruction or injuring of trees in woodlands; and WHEREAS Council may require that permission be obtained to harvest, destroy, or injure trees in woodlands and, furthermore, impose conditions to such permission; and WHEREAS Council has determined that it is desirable to enact such a By -Law for purposes including but not necessarily limited to the following: • preservation and improvement of woodland resources in Elgin County through good forestry practices; • promotion of good forestry and utilization practices that sustain healthy woodlands; • minimize the destruction or injury of trees; • regulation and control of the removal, maintenance, and protection of trees; • protection, promotion, and enhancement of the aesthetic value of woodlands; • recognition and reconciliation of the entitlement of the owners of lands to use and enjoy such lands and woodlands located thereon with the purposes of this By -Law as otherwise stated above. NOW THEREFORE the Municipal Council of the Corporation of the County of Elgin hereby enacts as follows: Definitions a) "AGS" or "Acceptable Growing Stock" means trees suitable for retention in a woodlands for at least one (1) cutting cycle (ten to twenty-five years), provided that such trees are of a commercial species and of such form and quality so as to be saleable for sawlog products at some future date; b) "Basal area" means the area of the cross-section of the stem of a tree taken at a point of measurement 1.3 metres above the point on the tree where the ground meets the stump in an undisturbed state at the base of the tree; c) "Basal area calculation" means the process to determine basal area for woodlands to which this By -Law applies, provided that such calculations are undertaken and completed in accordance with the rules and guidelines as set forth in Schedule "I" hereto; d) "Building permit" means a building permit issued under the Building Code Act 1992, R.S.O. c. 23, as amended; e) "Business day" means any day falling on or between Monday and Friday of each week but does not include New Years Day, Good Friday, Easter Monday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving, Remembrance Day, Christmas Day or Boxing Day; f) "Certified Tree Marker' means an individual who has full certification in good standing for marking of trees under the Ontario Ministry of Natural Resources Certified Tree Marker Program, has maintained proper MCI accreditation, and has demonstrated experience to mark according to Good Forestry Practice within Elgin County; g) "Circumference" means the measurement of the perimeter or outer boundary of a stem or trunk of a tree with such measurement including the bark of the stem, which measurements must be taken at ten, twenty, thirty, or forty-five centimetres above the highest point of ground in an undisturbed state at the base of the tree and the height of which measurement must be marked upon the remaining stump; h) "Clear" or "clearing" means the complete and unselective removal, cutting, and/or destruction of trees within a defined area of land; i) "Clerk" means the Chief Administrative Officer for the Corporation of the County of Elgin or his or her designate; j) "Conifer Plantation" means woodlands where coniferous trees have been planted or seeded in a pre -determined pattern; k) "Coppice growth" means where more than one tree stem grows from a single tree stump; "Cord" means a pile of fuelwood 3.63 m' in size; m) "Corridor" means a band of vegetation, usually older forest, which serves to connect distinct patches on the landscape, which corridors provide connectivity, permitting the movement of plant and animal species between what would otherwise be isolated patches and providing that such corridors have a minimum width of 30 metres; n) "Council' means the Municipal Council for the Corporation of the County of Elgin; o) "Diameter" means the diameter of the stem of a tree measured outside the bark at a specified point of measurement; p) "DBH" or "Diameter Breast Height' means the diameter of the stem of a tree measured at a point that is 1.3 metres above the highest point of the ground in an undisturbed state at the base of the stem or trunk of the tree; q) "Dripline" means an imaginary line running directly beneath the outer most branches of the trees forming the perimeter of the woodlands; r) "Forest Stand" means that part of the woodlands that is a continuous group of trees sufficiently uniform in species composition, arrangements of age classes, and conditions so as to be a homogenous and distinguishable unit for forestry management purposes; s) "Fuel Wood" means trees or parts thereof that are of a sufficient size and quality to yield fire wood; t) "Good Forestry Practices" means the proper implementation of harvest, renewal and maintenance activities known to be appropriate for the forest and environmental conditions under which they are being applied and that minimize detriments to forest values including significant ecosystems, important fish and wildlife habitat, soil and water quality and quantity, forest productivity and health, and the aesthetics and recreational opportunities of the landscape, and, without limiting the generality of the foregoing, Good Forestry Practices permits the harvest of trees that, have been damaged by disease, insects, wind, ice, fire, lightning, or other natural causes to an extent that the health of such trees is likely to further deteriorate and can be assessed as such; ISn have been assessed and identified for removal to prevent disease or insects from spreading to other trees; are cut in accordance with Provincial Silvicultural Guidelines as referred to in the Forest Operations and Silvicultural Manual and its revisions prepared under the authority of the Crown Forest Sustainability Act, S.O. 1994, c. 25; and/or are marked and cut as part of a Woodlands Management Plan by way of a prescription approved by a Registered Professional Forester or Associate Member in good standing. u) "Destroy" or "destruct" means any action, which causes or results in irreversible injury or death of a tree; v) "Harvest' means the destruction of a tree through cutting or other mechanized means which results in the irreversible death of a tree by design; w) "Local Board" means a municipal service board, transportation commission, board of health, police services board, planning board, or any other board, commission, committee, body or local authority established or exercising any power under any Act with respect to the affairs and purposes of one or more municipalities; x) "Log" means a portion of a tree of a prescribed species reduced to a size suitable for loading on a vehicle for transport to a processing mill for the production of lumber or other products; y) "Logger" means an individual or company or similar group who cuts trees for purchase, sale, or other profit on behalf of a landowner; z) "Member Municipalities" includes the lower tier municipalities within the County of Elgin, namely: Municipality of Bayham, Municipality of Central Elgin, Municipality of Dutton-Dunwich, Municipality of West Elgin, Town of Aylmer, Township of Malahide, and Township of Southwold; aa) "Municipality" means a geographic area whose inhabitants are incorporated within the County of Elgin; bb) "Officer" means an individual or individuals appointed by Council of the Corporation of the County of Elgin for the administration and enforcement of this By -Law, including but not limited to the Elgin County Tree Commissioner; cc) "Owner' means a person having any right, title, interest or equity in land; dd) "Own Use" means a use that does not include a sale, exchange or other disposition of trees destroyed or injured; ee) "Permit' means the written authorization as provided for and contemplated by this By -Law; ff) "Person" means any individual, corporation, partnership, association, firm trust, or other entity and includes anyone acting on behalf or under the authority of such entity; gg) "Plantation" is Woodlands where trees have been planted or seeded in a predetermined pattern; hh) "Plot' means a carefully measured area laid out for experimentation, which may be permanent or temporary; ii) "Point of Measurement' means that point on the tree trunk measured above the highest point of the ground in an undisturbed state at the base of the stem or trunk of the tree where the ground meets the stump. For -4 - coppice growth, the point of measurement shall be the point on the tree trunk where the tree stems separate provided that such point of separation is less than 1.3 metres above the highest point of the ground in an undisturbed state at the base of the stem or trunk of the tree where the ground meets the stump — where the point of separation is less than or equal to 1.3 metres above the highest point of the ground in an undisturbed state at the base of the stem or trunk of the tree where the ground meets the stump, the point of measurement shall be measured from the point of separation and be applicable to each individual stem or trunk of the tree; jj) "Prescribed Species" means the species of trees as listed in Schedule "A" to this By -Law; kk) "Prescription" means a "pre -harvest silvicultural prescription", which is a written document detailing a course of management action prescribed for a particular area after specific assessments and evaluation have been made and bearing the signature of a registered Professional Forester or an Associate Member of the Ontario Professional Foresters Association; II) "Registered Professional Forester" is as defined in the Professional Foresters Act, S.O. 2000, c. 18; mm) "Sensitive Natural Areas" means the: i) provincially significant life science Areas of Natural and Scientific Interest (A.N.S.I.); ii) wetlands designated as locally, regionally or provincially significant; iii) significant natural areas within Elgin County as designated by any one of the following: • County of Elgin or any of its Member Municipalities; • Ontario Ministry of Natural Resources; • Kettle Creek Conservation Authority; • Catfish Creek Conservation Authority; • Lower Thames River Conservation Authority; and/or • Long Point Region Conservation Authority; nn) "Silviculture" means the art and science of producing and tending a forest and the theory and practice of controlling forest establishment, composition, growth, and quality of forest to achieve the objectives of management; oo) "Stand Improvement' means the destruction or harvesting of: i) trees that have been damaged by disease, insects, wind, ice, fire, lightning, or other natural causes to the extent that the health, growth, yield, and quality of such trees is likely to further deteriorate; ii) diseased or insect infested trees that should be cut or removed to prevent disease or insects from spreading to other trees; iii) exotic species, or trees not indigenous to the municipality, if such destruction is carried out in such a manner as to encourage replacement of exotics by indigenous species, excluding Pinus and Picea species; or iv) defective and/or undesirable trees so as to concentrate growth on sound trees of good form; pp) "Tree" means, for the purposes of the definition of a woodland, any species of woody perennial plant, including its root system, which has reached or can reach a height of at least 4.5 metres at physiological maturity; qq) "UGS" or "Unacceptable Growing Stock" means trees that have a high risk of dying, and are expected to decline over the next cutting cycle, including but not limited to trees that are of poor form and/or low quality; -5- rr) "Windbreak" means a designed, planted and fully maintained windbreak or naturally planted windrow not exceeding 10 metres in width; ss) "Watercourse" means a natural or man-made watercourse containing flowing water at least for part of the year; tt) "Woodlands' means: a) a parcel of land having an area of one hectare or more with at least: i) 1000 trees, of any size, per hectare; or ii) 750 trees, measuring over five (5) centimetres in diameter at DBH, per hectare; or iii) 500 trees, measuring over twelve (12) centimetres in diameter at DBH, per hectare; or iv) 250 trees, measuring over twenty (20) centimetres in diameter at DBH, per hectare; or b) a parcel of land having an area of between 0.2 hectares and one hectare with at least an extrapolated average of: i) 1000 trees, of any size, per hectare; or ii) 750 trees, measuring over five (5) centimetres in diameter at DBH, per hectare; or iii) 500 trees, measuring over twelve (12) centimetres in diameter at DBH, per hectare; or iv) 250 trees, measuring over twenty (20) centimetres in diameter at DBH, per hectare; provided that, in both circumstances, "Woodlands" does not include a cultivated fruit or nut orchard or a plantation established for the purpose of producing Christmas trees or a tree nursery for landscape and provided further that, for purposes of this definition, "Woodlands" shall include the area up to the dripline of the outer most trees of such "Woodlands" and/or corridors measured up to and including 30 metres in width. 2. General Prohibitions a) Except as provided in Section 3, no person through their own actions or through any other person shall harvest, destroy, or injure any living tree unless the person who is harvesting, destroying or injuring trees have done so in accordance with: i) Good Forestry The person who is harvesting, destroying or injuring trees does so in accordance with Good Forestry Practices as prescribed by: a) a Registered Professional Forester in good standing with the Ontario Professional Foresters Association; or b) an associate member in good standing of the Ontario Professional Foresters Association, and the person who is harvesting, destroying or injuring trees has abided by Section 5 below; or ii) Circumference Limit The person who is harvesting, destroying or injuring trees has only harvested, destroyed, or injured those trees which have attained, at the specified point of measurement, the circumference measurement which equals or is greater than the minimum circumference IIS prescribed for the species in Schedule "A" hereto and the person who is harvesting, destroying, or injuring trees has abided by Section 5 below. b) In addition to and/or notwithstanding that set forth in Section 2(a) above, i) Except in accordance with Section 2(a), no person through their own actions or through any other person shall harvest, destroy, or injure a tree as prescribed in Schedule "A" located in a Conifer Plantation; ii) Except in accordance with Section 2(a)(i), no person through their own actions or through any other person shall harvest, destroy, or injure a tree located in a Sensitive Natural Area; iii) Except in accordance with Section 2(a)(i) or Section 3, no person through their own actions or through any other person shall harvest, destroy, or injure any living tree having a circumference at the specified point of measurement less than that referenced in and set forth in Schedule "A" hereto; iv) Except in accordance with Section 3, no person through their own actions or through any other person shall harvest, destroy, or injure any living tree unless the person who is harvesting, destroying, or injuring trees has only harvested, destroyed, or injured those trees: which have met the definition of stand improvement which can be proven before and after the trees have been harvested, destroyed, or injured, the onus of which proof lies upon such person harvesting, destroying, or injuring those trees; or 2. which have attained, at the specified point of measurement, the circumference of which equals or is greater than the minimum circumference prescribed for the species in Schedule "A'; v) At no time shall the harvest, destruction, or injury of trees be permitted or allowed so as to: reduce the number of trees per hectare below the minimum number of trees per hectare required to constitute woodlands; 2. reduce the basal area in that part of the forest and where trees which measure 26 centimetres or more at DBH have been harvested, destroyed, or injured below 16 m2 per hectare for all trees, including a minimum of 4 mz per hectare in trees 50 centimetres or more at DBH; vi) At all times, the harvesting, destruction, or injury of trees in woodlots with a basal area less than 16 m2 per hectare of trees measuring 26 centimetres or more at DBH shall be completed in accordance with Good Forestry Practice, including but not limited to according to a prescription; vii) Where trees are marked for harvest, destruction, or injury, the person responsible for marking such trees shall mark those trees to be harvested, destroyed, or injured with a paint mark of at least five centimetres in area and visible on at least two (2) opposite sides of the tree as well as the base of the tree in such a fashion that such marks will be visible after harvesting, destruction, or injury is complete; viii) With the exception of work on municipal drains and/or where such work is exempted pursuant to Section 3 below, if any tree removal is necessary due to the undertaking of any drainage work, notification of the Officer is necessary and every person intending to destroy or -7 - injure trees for purposes of drainage work must comply with the requirements of Section 4 below; ix) In the event that drainage work adjacent to a woodlands shall result in the destruction or injury of a tree or trees within such woodlands, any such drainage work shall be constructed of closed the in that part of the drainage works that passes through or within 10 metres adjacent to such woodlands; and x) Where trees are marked for harvest, destruction, or injury in accordance with this By -Law, any and all trees so marked shall be harvested and removed from the woodlands by the person who is harvesting, destroying, or injuring such trees. c) No person through their own actions or through any other person shall: i) fail to comply with an order issued pursuant to this By -Law; ii) contravene the terms or conditions of a permit issued pursuant to or as contemplated by this By -Law; or iii) remove or deface any order issued pursuant to this By -Law. d) A person shall not: i) harvest, destroy, or injure a tree below the lowest point of measurement contemplated by this By -Law unless otherwise authorized by an Officer; ii) harvest unnecessarily or intentionally destroy or injure any tree that is to remain standing after the harvest of trees is completed; iii) operate a vehicle, equipment, or machinery or conduct their operations in such a manner or at such time that results in excessive damage to the soil, wetlands, or natural areas or portions of the woodlands; iv) operate a vehicle, machinery, or equipment or conduct operations in a manner or at a time that results in the leaving of any part of a tree in a watercourse, including but not limited to any trees that have not been cut but have been pushed, knocked over, or otherwise ended up in a watercourse; v) leave a treetop, which can be safely trimmed and not scheduled for fuel wood processing, higher than 3.5 metres above the ground to the highest branch. 3. Exemptions to this By -Law This By -Law does not apply to: a) Activities or matters undertaken by the Corporation of the County of Elgin or any member municipality of the Corporation of the County of Elgin or any Local Board of the Corporation of the County of Elgin or any member municipality thereof; b) Activities or matters undertaken under a license issued pursuant to the Crown Forestry Sustainability Act, 1994; c) The injuring or destruction of trees by a person licensed under the Surveyors Act to engage in the practice of cadastral surveying or his or her agent while in the process of completing a survey; d) The injuring or destruction of trees imposed as a condition to the approval of site plan, a plan of subdivision or a consent under section 41, 51, or 53, respectively, of the Planning Act or as a requirement of a site plan agreement or subdivision agreement entered into under those sections; e) The injuring or destruction of trees imposed as a condition to a development permit authorized by regulation made under Section 70.2 of -8 - the Planning Act or as a requirement of an agreement entered into under the regulation; f) The injuring or destruction of trees by a transmitter or distributor, as those terms are defined in Section 2 of the Electricity Act, 1998, for the purpose of construction and maintaining a transmission system or a distribution system, as those terms as defined in the Section; g) The injuring or destruction of trees undertaken on land described in a license for a pit or quarry or a permit for a wayside pit or wayside quarry issued under the Aggregate Resources Act; h) The injuring or destruction of trees undertaken on land in order to lawfully establish and operate or enlarge any pit or quarry on land, i) that has not been designated under the Aggregate Resources Act or a predecessor of that Act; and ii) on which a pit or quarry is permitted land use under a by-law passed under Section 34 of the Planning Act, 2001, C. 25, S. 135 (12); i) the injuring or destruction of trees where the owner of the woodlands has been granted an exemption by the Council pursuant to Section 4; j) The injuring or destruction of trees that is required in order to erect any building, structure or thing in respect of which a Building Permit has been issued and has taken into consideration the protection of trees surrounding the structure or work within the building envelope, provided that no tree is destroyed or injured that is located more than 15 metres from the outer edge of the building, structure or thing and the Officer has been notified; k) The injuring or destruction of trees that is required in order to install and provide utilities to the construction or use of the building, structure or thing in respect of which a Building Permit has been issued; 1) The injuring or destruction of trees that is required in order to install and provide utilities to provide a single lane driveway for vehicular access to the building, structure or thing in respect of which a Building Permit has been issued; m) The owner of the woodlands who has harvested, destroyed or injured twenty (20) trees per year, providing such activities has not reduced the number of trees per hectare below the minimum number of trees per hectare required to be considered a woodland and notification of such operations has been provided to the Officer; n) The harvest, destruction, or injury of trees where the trees are destroyed, or injured pursuant to a legally binding contract if: i) the owner of the woodlands has given notice pursuant to S. 5 herein; ii) the contract was signed within one (1) year immediately preceding the date on which this By -Law was passed; iii) proof of the signed contract and a down payment of at least twenty (20) per cent of the contract value has been received by the Officer; and iv) the trees are harvested, injured or destroyed in a manner consistent with this By -Law and the restrictions and regulations thereunder and have been or are harvested, destroyed, or injured within two (2) years of the date of enactment of this By -Law. o) The destruction or injury of trees that may occur during the pursuit of normal farming practices as outlined under the Farming and Food Production and Protection Act, S.O. 1998, c. 1, including but not limited to the destruction or injury of trees to prevent the encroachment of woodlands on agricultural production resources; p) The destruction or injury of trees undertaken for the construction of drainage works under the Drainage Act, R.S.O. 1990, c. D.17, as amended, and the Officer has been notified; q) The harvest of trees by the owner of the woodlands for his or her own use, providing that such harvest has not reduced the number of trees per hectare below the minimum number of trees per hectare required to constitute woodlands as defined by this By -Law. 4. Council Exemption (Woodlands Clearing) a) In order to be considered for an exemption to the prohibition contained in Section 2 hereunder, the owner of the woodlands must apply to the Council for an exemption at least forty (40) days prior to the anticipated commencement of harvest, injury or destruction of trees by submitting: i) a completed application form as set forth in Schedule "B"; ii) if demanded by the Clerk in respect of woodlands having an area greater than one (1) hectare, an environmental impact study; and iii) the applicable fee as set out in Schedule "G" hereto. b) At least twenty-one (21) days prior to consideration of the application for an exemption, the Officer shall send, by regular mail, written notice in the form of Schedule "D" to the applicant and all assessed owners of each parcel of land abutting the applicant's woodlands for which an exemption is being sought and to such other persons and agencies as prescribed by Council. c) The Officer shall erect and display a public notice regarding the exemption application at the entrance to the woodlands in a position that insures that it is clear and visible to all persons, which notice shall be in the form set forth in Schedule "E" hereto. d) The notice shall be posted at least twenty-one (21) days prior to consideration of the application by either the Clerk or Council. e) In respect of applications for exemptions for woodlands having an area of less than one (1) hectare, where there have been no objections filed with the Council or Clerk and/or the Officer agrees that the general purpose and intent of this By -Law is maintained, the Clerk may grant the permit for an exemption in the form set forth as Schedule "C" hereto; provided that, in respect of applications for exemptions for woodlands having an area equal to or greater than one (1) hectare, the said application shall be considered by Council. f) When granting an exemption, the Clerk may include terms or conditions desirable for the appropriate development or use of the land on which the exemption is sought and in keeping with and maintaining the purpose and intent of this By -Law. g) Where the application for exemption relates to a woodlands having an area greater than one (1) hectare or where there have been objections filed with the Clerk or where the Clerk refuses to grant a permit for exemption, or where the applicant objects to the terms and conditions on the permit for exemption as established by the Clerk, the Council will consider or re -consider, as the case may be, the application for exemption or any conditions to the permit and thereafter make a decision as to the granting of the exemption and a permit in relation thereto. h) When granting an exemption, the Council may include terms and conditions to its permission which are desirable for the appropriate -10 - development or use of the land on which the exemption is sought and as consistent with and maintaining the general purpose and intent of this By - Law. i) Council shall hear any person who wishes to speak to the application for an exemption for which objections have been filed. Upon the conclusion of the Council hearing during which the application for the exemption is being considered, the Council may make its decision regarding the granting of a decision or defer such decision to a subsequent date, in which latter circumstances, the Council shall advise the persons in attendance of the date, time, and location when Council will make a final determination in respect of such application. j) When denying an exemption, Council must notify the applicant of the denial of such application, the date of denial of such application, and the reasons for such denial, which notification must be delivered within ten days of the date of such denial. k) For purposes set forth above, the applicant may object to the terms and conditions attached to any permit for exemption issued pursuant to this By -Law. 5. Notification/Application (Permission by Notice of Intent) a) Every owner of woodlands or person acting on behalf of the owner who intends to harvest, destroy, or injure trees personally or through another person under Section 2(a)(i) or Section 2(a)(ii) of this By -Law shall complete and submit to the Clerk an application to harvest, destroy, or injure trees as prescribed in Schedule "F" hereto not less than five (5) days prior to the commencement of such harvest, destruction, or injury. b) A fee will not be chargeable in respect of an Application contemplated under Section 5(a) above. c) Any person who has submitted an application to harvest, destroy, or injure trees in accordance with Subsection 5 above shall also erect and display a sign in the form as outlined in Schedule "K" hereto at the entrance at the adjoining roadway to the lands where the harvest, destruction, or injury of trees is to occur, which signs to be clear and visible to all persons, erected prior to the commencement of such operations and remain erected in such place until five (5) days after the completion of such operations. d) Any person who has submitted an application to harvest, destroy, or injure trees pursuant to Subsection 5(a) above shall notify the Officer at least twenty-four (24) hours prior to the start of such harvest, destruction, or injury of trees. e) For purposes of this Section, the application to harvest, destroy, or injure trees may be delivered to the Clerk by First Class Mail, hand delivery, or facsimile transmission to the County of Elgin at its administration offices, 450 Sunset Drive, St. Thomas, Ontario, during normal business hours. f) For purposes of this Section, a single application may be submitted for multiple properties owned by the same person, provided that, in all circumstances, all requisite information is provided within such application, including but not necessarily limited to through submission of additional information forms. 6. Application for Council Exemption for Woodlands Clearing a) Applications for Permits pursuant to Section 4 above will not be reviewed or processed or a permit issued in respect thereof unless: i) applications have been completed and submitted in full; ii) applications are in keeping and consistent with and maintain the general purpose and intent of this By -Law; and iii) any prescribed application fee, as set forth in Schedule "G" hereto, has been paid in full. b) Any permit contemplated by this By -Law may be: I) issued to the applicant for a term of one (1) year; and ii) renewed by the Clerk for one term of one (1) year provided that such request for renewal is received prior to the expiry date of the original permit and any additional prescribed application/renewal fee is set forth in Schedule "G" hereto. c) In the event that a permit application or renewal thereof is denied, the Clerk, Officer, or his or her agent shall notify the applicant of such denial within ten (10) days of the decision thereof. 7. Appeals to the Ontario Municipal Board a) An applicant may appeal a decision in respect of an application for a permit pursuant to this By -Law hereto to the Municipal Board if: i) the Municipality refuses to issue a permit, within thirty (30) days after such refusal; ii) the Municipality fails to make a decision on such application, within forty-five (45) days after the application is submitted to the Officer; or iii) if the applicant objects to a term or condition attached to such permit, within thirty days after the issuance of the permit. 8. Orders to Discontinue Activity a) Where the Officer is satisfied that a contravention of this By -Law has occurred, the Officer may make an order requiring the person who contravened the By -Law or who caused or permitted the harvest, destruction, or injury of trees in contravention of this By -Law to discontinue such activity, which order shall be issued in the format set forth in Schedule "J" hereto. b) An order issued pursuant to this Section may be served personally or served by sending it by mail to the last known address of: i) the owner of the woodlands; or ii) the person identified as harvesting, destroying, or injuring a tree or trees. c) Where service of an order is made by mail, service shall be deemed to have been effected on the fifth (5'1') day after the order is mailed. d) Where service cannot be completed pursuant to Subsection 8(b) above, it is deemed sufficient if the Officer places a placard containing the terms of the order in a conspicuous place on the effected lands and the placing of the placard shall be deemed to be sufficient service of the order on the person to whom the order is directed. e) If the person to whom the order is directed is not satisfied with the terms of such Order, the person may appeal to Council by filing a notice of appeal by personal service or registered mail to the Clerk and the Officer within thirty (30) days of the date of the order. f) Where an appeal has been filed, Council shall hear and consider the appeal and, in respect of such appeal, Council shall have all the powers and functions of the Officer. -12- g) Before conducting a hearing under this Section, the Clerk shall give notice to such persons or direct that notice be given to such persons as the Clerk considers should receive notice and in the manner directed by the Clerk. h) After hearing an appeal, Council may confirm or revoke any order issued pursuant to this Section. The proceedings at the hearing held by Council pursuant to this Section shall be in accordance with the provisions of the Statutory Powers Procedures Act, R. S.O. 1990, c. 22. The decision of Council in respect of any such matter under this Subsection shall be final. 9. Penal a) Any person who contravenes any provisions of this By -Law or an order issued pursuant to Section 8 is guilty of an offence and is liable i) on first conviction, to a fine of not more than $10,000.00 or $1,000.00 per tree harvested, destroyed, or injured by such contravention, whichever is greater; and ii) on any subsequent conviction, to a fine of not more than $25,000.00 or $2,500.00 per tree harvested, destroyed, or injured by such contravention, whichever is greater. b) If a person is convicted of an offence for contravening this By -Law or an order issued under Section 8, the Court in which the conviction has been entered or any other Court of competent jurisdiction thereafter may order the person to rehabilitate the land or to plant or replant trees in such a manner and within such period as the Court considers appropriate, including any civil cultural treatment necessary to re-establish trees. 10. Enforcement a) This By -Law shall be enforced by an Officer appointed by the Corporation of the County of Elgin, including but not necessarily limited to those persons identified in Schedule "H" hereto. b) An Officer may at any reasonable time enter and inspect any lands to determine whether this By -Law, an order hereunder, or condition to a permit issued hereunder is being complied with. c) Any person who obstructs or interferes with an Officer in the discharge of his or her duties under this By -Law shall be considered in violation of this By -Law. 11. Administration a) Schedules "A" to "K" hereto shall form part of this By -Law. b) If any Section or Sections of this By -Law or parts thereof are found by any Court to be illegal or beyond the power of Council to enact, such Section or Sections or parts thereof shall be deemed to be severable and all other Sections or parts of this By -Law shall be deemed to be separate and independent therefrom and continue in full force and effect unless and until similarly found illegal. c) The short title of this By -Law is the "Woodlands Conservation By -Law'. d) By -Law No. 87-6 for the Corporation of the County of Elgin, as amended by By -Law No. 93-30, shall be repealed upon enactment of and the coming into force and effect of this By -Law. -13- e) Despite Subsection 11(d) above, By -Law 87-6 for the Corporation of the County of Elgin is amended, shall continue to apply to proceedings in respect of offences that occurred before its repeal. READ a first and second time this 15th day of February 2005. Mark G. McDonald, Chief Administrative Officer. READ a third time and finally passed, as amended, this 13`x' day of September 2005. Chief Administrative Officer. James A. McIntyre, Warden. -t4 - Schedule "A" CIRCUMFERENCE LIMITS BY TREE SPECIES The Committee on the Status of Endangered Wildlife in Canada (COSEWIC) shall be consulted for the most recent list of Rare, Threatened or Endangered trees. Conifer Plantations 10 cm 20 cm 30 cm White Pine Pinus strobes Norway Spruce Picea abies Red Pine Pinus resinosa White Spruce Picea glauca Jack Pine Pinus banksiana Larch Larix deciduas Scots Pine Pinus sylvestris Tamarack Larix laricina Current Size Group "B" Species 10 cm 20 cm 30 cm 45 cm Group "A" Species Point of measure Point of measure Point of measure Point of measure Oak Minimum Minimum Minimum Minimum - Red (Quercus rubra) circumference circumference circumference circumference Kentucky Coffee Tree 240 215 200 190 G mnocladus dioicus 196 176 164 150 Tulip Tree (Liriodendron 240 215 200 190 tuli ifera L. 196 176 164 150 Honey Locust (Gleditisia 240 215 200 190 triacanthos 196 176 164 150 Sycamore (Platanus 240 215 200 190 occidentalis L. 1 196 176 164 150 Hackberry (Celtis occidentalis 240 215 200 190 L. 196 176 164 150 Black Gum (Nyssa s Ivatica 240 215 200 190 Pignut Hickory (Carya labra 240 215 200 190 Big Shellbark Hickory (Carya 240 215 200 190 laciniosa Cucumber Tree (Magnolia 240 215 200 190 acuminata L. Butternut Ju tans cinerea L. 240 215 200 190 American Chestnut (Castanea 240 215 200 190 dentate Red Mulberry Morus rubra L. 240 215 200 190 Eastern Flowering Dogwood 240 215 200 190 Comus florida L. Blue Ash (Fraxinus 240 215 200 190 uadran ulata Michx. Group "B" Species 10 cm Point of measure Minimum circumference 20 cm Point of measure Minimum circumference 30 cm Point of measure Minimum circumference 45 cm Point of measure Minimum circumference Oak - Red (Quercus rubra) 196 176 164 150 - Black (Quercus velutina) 196 176 164 150 - White (Quercus alba) 196 176 164 150 - Swamp White (Quercus bicolor 196 176 164 150 - Bur (Quercus macrocarpa) 196 176 164 150 - Hills (Quercus ellipsoidalis) 196 176 164 150 - Chinquapin (Quercus muehlenber ii 196 176 164 150 Maple 1 196 176 164 150 -Sugar(Acersaccharum) 196 176 164 150 - Black (Acer nigrum) 196 176 164 150 - Red (Acer rubrum) 196 176 164 150 - Silver (Acer saccharinum) 196 176 164 150 -15 - Schedule "A" Continued Group "B" SD2Cies 10 cm Point of measure Minimum circumference 20 cm Point of measure Minimum circumference 30 cm Point of measure Minimum circumference 45 cm Point of measure Minimum circumference Hickory Cottonwood (Po ulus deltoides) 196 176 164 150 - White (Fraxinus americana L.) 212 183 164 150 Elm 212 183 164 150 White (Ulmus americana L.) 196 176 164 150 - Red (Ulmus rubra) 196 176 164 150 - Rock (Ulmus thomasii) 196 176 164 150 Group "C" Species 10 cm Point of measure Minimum circumference 20 cm Point of measure Minimum circumference 30 cm Point of measure Minimum circumference 45 cm Point of measure Minimum circumference Hickory Ash 164 142 128 117 - White (Fraxinus americana L.) 212 183 164 150 - Red (Green) (Fraxinus enns Ivanica 212 183 164 150 - Black Ash (Fraxinus nigra) 212 183 164 150 - Pumpkin (Fraxinus profunda) 212 183 164 150 Yellow Birch (Betula aIle haniensis 164 142 128 117 Black Walnut Ju fans nigra L. 212 183 164 150 Black Cher Prunus serotina 212 183 164 150 Basswood Tilia americana 212 183 164 150 Hemlock Tsu a canadensis 212 183 164 150 Pine Excluding plantations 164 142 128 117 - Jack (Pinus banksiana) 164 142 128 117 White Pine Pinus strobus 212 183 164 150 Larch Larix decidua 212 183 164 150 Tamarack (Larix laricina) 164 142 128 117 Spruce - Norway (Picea abies) 212 183 164 150 - White (Picea glauca) 212 183 164 150 Group "D" Species 10 cm Point of measure Minimum circumference 20 cm Point of measure Minimum circumference 30 cm Point of measure Minimum circumference 45 cm Point of measure Minimum circumference Hickory - Shagbark (Carya ovata) 164 142 128 117 - Bitternut (Carya cordiformis) - Black Ash (Fraxinus nigra) 164 142 128 117 Yellow Birch (Betula aIle haniensis 164 142 128 117 American Beech (Fagus americana 164 142 128 117 Excluding plantations Pine - Red (Pinus resinosa) 164 142 128 117 - Jack (Pinus banksiana) 164 142 128 117 - Scots (Pinus sylvestris) i-641 142 128 117 Tamarack (Larix laricina) 164 142 128 117 MUM Schedule "A" Continued Group "E" Species 10 cm Point of measure Minimum circumference 20 cm Point of measure Minimum circumference 30 cm Point of measure Minimum circumference 45 cm Point of measure Minimum circumference Poplar 80 78 75 69 - Balsam (Populus balsamifera L. 97 83 75 69 - Trembling Aspen (Populus tremuloides 97 83 75 69 - Largetooth Aspen (Populus randidentata 97 83 75 69 - Red Juni ecus vir iniana L. 80 78 75 69 White Birch Betula a rifera 97 83 75 69 Ironwood (Ostrya vir iniana 97 83 75 69 - Norway (Picea abies) 97 83 75 Forestry Willows Salix sp.) 97 83 75 69 Group "F" Species 10 cm Point of measure Minimum circumference 20 cm Point of measure Minimum circumference 30 cm Point of measure Minimum circumference 45 cm Point of measure Minimum circumference Pin Cherry (Prunus ens Ivanica 80 78 75 69 - White (Pinus strobus L.) Forestry Forestry Forestry Forestry Cedar Practice Practice Practice Practice - White(Thuja occidentalis L. 80 78 75 69 - Red Juni ecus vir iniana L. 80 78 75 69 Conifer Plantations Pine Good Good Good Good - White (Pinus strobus L.) Forestry Forestry Forestry Forestry - Red (Pinus resinosa Ait.) Practice Practice Practice Practice - Jack (Pinus banksiana Lamb.) ONLY ONLY ONLY ONLY - Scots (Pinus sylvestris L.) Spruce Good Good Good Good - Norway (Picea abies) Forestry Forestry Forestry Forestry - White (Picea glauca) Practice Practice Practice Practice ONLY ONLY ONLY ONLY Circumference measurements will be taken 10, 20, 30 and 45 centimetres above the highest point of the ground and shall be outside of bark measurement. Point of measure must be left on the stump (i.e. if measured at 45 cm stump must be left at 45 or greater.) _17_ Schedule "B" Council Exemption for Woodlands Clearing Application APPLICATION NUMBER I/We wish to apply for an exemption from the provisions of the County of Elgin By -Law No. 05-03 which prohibits or regulates the destruction or injury of trees. In order to be allowed to remove trees as outlined in this application. 1. Name(s) of Owner(s): Telephone: Mailing Address: 2. Location of Woodland Clearing: Municipality (Town, Village, Municipality) Lot GPS Coordinates Latitude Civic Address (911#) Tax Roll No Concession 3. Reason for wishing to destroy or injure trees: and Longitude 4. Describe species of trees and size of trees to be removed. 5. Area to be cleared (in metric) Length metres Width metres Area (in square metres or hectares) 6. Has the owner previously applied for and been granted permission to destroy or injure trees? Yes ( ) No( ) If yes, please indicate the purpose to which they were removed approximate size of area cleared and date. 7. Other information deemed pertinent to this application. Schedule "B" continued 8. Names, mailing address and phone number of all owners of property which abut the land of the owner of the woodlands in respect to which this application is made as per Section 4 of this By -Law. (If insufficient space, please attach another sheet of paper.) Name Mailing Address Phone Number 9. Each application must be accompanied by a sketch, no smaller than 20 centimetres by 35 centimetres, showing: a scale drawing clearly indicating the area proposing to be cleared and the area or trees that will remain, all buildings on the owner's property and on the abutting property, and the land use of abutting lands (e.g. residential, agricultural, woodlands, commercial, etc.) 10. Anon site inspection will be made. Please mark perimeter trees, which will remain if this application is granted, by spraying, or some other means, to clearly indicate during the site visit what is being proposed for clearing. Date Signature of Applicant or Authorized Agent Note: If this application is signed by any person other than the owner, written authorization of the owner(s) must accompany the application. If the applicant is a corporation, the application must be signed by an Officer (and the position must be indicated) and the corporate seal shall be affixed. Please return completed application form to: Elgin County Tree Commissioner c/o Kettle Creek Conservation Authority, 44015 Ferguson Line, RR #8, St. Thomas, Ontario, N5P 3T3. COUNCIL EXEMPTION REQUIREMENTS/ INFORMATION An Application to Council for Exemption to Clear Woodlands must be completed in full in order to be processed. An application for an area greater than 1.0 hectares must be approved by Council and may require an Environmental Impact Study. II. It shall be normal practice that when an owner or his authorized agent makes an inquiry with regard to Woodlands Conservation By -Law No. 05-03, that the Officer will make an inspection of the property to determine whether or not an Application to Council for Exemption for Woodland Clearing is required. III. The County has a "No Net Loss Policy" stating that for every hectare of land cleared a hectare has to be replanted based on 1750 trees per hectare and replanted in the same municipality. IV. Notice of this permit application shall be sent by regular mail to all landowners whose lands abut the land the applicant has outlined. Landowners separated by a public road allowance shall also be considered to be abutting landowners. Further circulation of this application may be made to the appropriate government agencies for review and comments (i.e. Conservation Authorities, Ministry of Natural Resources, Ministry of Agriculture Food and Rural Affairs, and local Municipalities). V. Once an Application to Council for Exemption for Woodland Clearing is received the Officer will erect and display a public notice sign at the entrance from the adjoining roadway to the land where the Permit is being sought in a position that is clear and visible to all persons, and such a sign will be in the format of Schedule "E". VI. The application will not be considered by Council unless forty (40) business days have passed from the date of receipt. -19 - Schedule "C" WOODLANDS CLEARING PERMIT Council Exemption for Woodlands Clearing Permit Permission is hereby granted by the Council of the County of Elgin to destroy trees under BY-LAW NO. 05-03 REFERENCE APPLICATION # ISSUED TO: LOT CONCESSION MUNICIPALITY Tax Roll Number Description of area and trees to be destroyed: Conditions of the permit: DATE OF ISSUE DATE OF EXPIRY BY: ELGIN COUNTY COUNCIL PER Clerk or Designate -20 - Schedule "D" Notification Letter Date Landowner Address , Ontario Postal Code Dear Sir or Madam: RE: Proposed Woodlands Clearing on Lot Concession Municipality of Under Section 135 (2) of the Municipal Act all abutting landowners shall be notified of impending woodland clearings. This letter hereby notifies you of the proposed woodland clearing by (insert Landowner's name and address). The proposed clearing will take place on Lot _, in the Municipality of Concession - for the purpose of If you have objections to this proposed clearing please reply in writing to the Elgin County Tree Commissioner, C/o Kettle Creek Conservation Authority, RR #8, 44015 Ferguson Line, St Thomas, Ontario, N5P 3T3, by the _day of , 20. . If you have any questions regarding this notice, please contact the undersigned at (519) 631-1460. Yours truly, Elgin County Tree Commissioner -21 - Schedule "E" Public Notice Woodland Conservation By -Law Council Exemption for Woodlands Clearing This posted notice does not imply unrestricted access. Interested parties must receive permission to enter these lands from the landowner. APPLICATION has been received affecting these woodlands. Lot: Concession: Landowner: Township: An Application for Exemption to the County By -Law No. 05-03 has been submitted to clear hectares of woodland. Type of Exemption: F-1 Agricultural Exemption E:1 Other Exemption Deadline for written comments: This notice is posted under the authority of the Elgin County Woodlands Conservation By -Law No. 05-03 This Notice is to remain posted no less than 21 business days prior to consideration of this application. Further information or written notice is available from the Elgin County Tree Commissioner at 519-631-1270 ext. 231. Note: This sign shall be no less than 60 cm high by 45 cm wide and the lettering will be no less than 1.5 cm in height. SCHEDULE"F" APPLICATION NUMBER APPLICATION TO HARVEST, DESTROY OR INJURE TREES for the COUNTY OF ELGIN WOODLANDS CONSERVATION BY-LAW NO. 05-03 This application must be completed at least five (5) working days prior to the proposed commencement of the Harvest. This permit is good for one year after being signed by the Officer. This application after being signed by the Officer will be returned to the Property Owner and Purchaser. Property Owner's Name: Address: Telephone No.: Roll # of Woodland: Location of Woodland Lot: Township: Board Foot Removed: 911 of Woodlot: Expected Starting Date: Person in Charge of Cutting: Contractor's Name: Phone #: Concession: Woodland Size: Fax #: Reason for removal: (A prescription must accompany Good Forestry Practices Cuts.) Good Forestry Circumference Fuelwood Removal Other Company and contact person who marked the woodlands: Registered Professional Forester: Registered Professional Forester Registration Number: Tree Marker: Tree Marker's Number: -23 - Species Number of trees Please provide a sketch of the woodlot. Including roads and landing locations indicating North. Totals I agree that operations will be in accordance with the provisions of Woodland Conservation By -Law No. 05-03, of the County of Elgin and that I am familiar with the contents and requirements of this By -Law and acknowledge having received a copy thereof. Further, I agree to contact the Officer by Telephone (519) 631-1270 ext. 231, twenty-four (24) hours prior to the start of cutting. DATED AT Signature of Owner this day of Signature of Contractor Mailing Address: Elgin County Tree Commissioner, c/o Kettle Creek Conservation Authority, RR #8, 44015 Ferguson Line, St Thomas, Ontario, N5P 3T3 Phone: (519) 631-1270 ext. 231 Fax: (519) 631-5026 20 Personal Information on this form is collected under the authority of the Municipal Freedom of Information. and Protection of Privacy Act, Section 32, C and D, and may be used to enforce the By -Law. Application Received by the Officer: Conditions: Date: -24 - Schedule "G" Fee Schedule The following fees will apply for the purpose of this By -Law: Description Fee Public Notice Sign Actual cost of the Sign Notice to Harvest, Destroy or Injure Sign Actual cost of the Sign This Sign shall be in the form of Schedule "K" Application for Exemption to Clear Woodlands $200.00 Permit Renewal or Extension for Woodland Clearing $35.00 (If applied for prior to expiry of original) Schedule "H" Appointment of Officers The following people are appointed as Officers to enforce Elgin County's Woodlands Conservation By -Law No. 05-03 Chief Administrative Officer of the County of Elgin or designate Forest and Soils Conservation Supervisor of Kettle Creek Conservation Authority or designate -25 - Schedule "I" Basal Area Calculation Assessment Basal Area Calculation (i) Point Sampling is defined as a method of selecting measurements and for estimating basal area using tree size rather than the frequency as the main parameter. Trees are tallied at a sample location or a point sample, the selection probability being proportional to the basal area of the tree. In point sampling, a 360 -degree sweep is made with an angle gauge about a fixed point, and stems whose breast height diameters appear larger than the fixed angle subtended by the angle gauge are included in the sample. Point samples will be taken using a factor 2 prism. (ii) Basal area will be assessed every 60 metres along a fixed compass bearing through the woodland in which harvesting, destruction or injuring has occurred the officer will mark the centre point. The first sample will be placed 60 metres from the dripline of the woodland. No less than 3 sample points will be taken along a compass bearing through the woodland. If the average basal area/hectare is found to be below the requirements of the By -Law, then a second compass bearing line will be established 60 metres from the first line and reversing the compass bearing. This process will be completed for the entire woodland if the basal area/hectare is found to be below the By -Law. (iii) Where the width of the woodland is less than 130 metres, one line will be established along a fixed compass bearing down the centre of the woodland where harvesting has occurred. Sample points will then be taken every 60 metres along the established line. See sample illustration outline sample plot lay out. 60 metres from 60 metres from 60 metres from 60 metres from 60 metres from dripline from both first sample last sample last sample last sample edges plot plot plot plot Second line if 60 metres from 60 metres from 60 metres from 60 metres from necessary will be first sample last sample last sample last sample 60 metres away plot plot plot plot from the first line Small 26-40 cm Medium 42-48 cm Large 50-60 cm X -Large Total 62+ cm All Sizes Third line will be # of trees same as second The following format will be used in calculating average basal area per hectare. Rtntinns TAliari Basal Area Factor: 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 19 20 21 122 1 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Plot # Small 26-40 cm Medium 42-48 cm Large 50-60 cm X -Large Total 62+ cm All Sizes Total '* # of trees Total trees ( ) x Basal Area Factor ( 2 ) _ () Actual Basal per Hectare # of Stations(_) 2W1110 Schedule "J" Stop Work Order forthe COUNTY OF ELGIN TO: (contractor) AND TO: ( FROM: - Elgin County Tree Commissioner STOP WORK ORDER YOU ARE HEREBY DIRECTED AND ORDERED TO forthwith stop, halt, cease, and desist from any and all works associated with the destruction of trees or removal thereof from those lands comprising: Lot:_, Concession: , Municipality of County of Elgin. The following contravention(s) have occurred on the above noted property: Please provide written details to the above noted contravention(s) within days of receipt of this Order. DATED at , this day of 20_ Elgin County Tree Commissioner Pursuant to By -Law No. 05-03, Section 8, subsection (e) where the person to whom the order is directed has been served in accordance with this By -Law is not satisfied with the terms of the order, the person may appeal to Council by filing Notice of Appeal by person or certified mail to the Officer within 30 days after the date of the Order. Elgin County Tree Commissioner c/o Kettle Creek Conservation Authority 44015 Ferguson Line, RR #8, St Thomas, Ontario N5R 3T3 _27_ Schedule "K" Notice of Timber Harvest DO NOT ENTER during Harvest activities for your own safety This posted notice does not imply unrestricted access. Interested parties must receive permission to enter these lands from the landowner. Contractor: Phone Number: Owner: Harvest Date: Woodlands Marked by: Phone Number of Marker: This Notice is posted under the authority of the Woodlands Conservation By -Law No. 05-03. This Notice is to be posted at the commencement of harvest and no less than five (5) days after completion of harvest. Removal prior to this period is a chargeable offence. If you should have any questions or concerns regarding this timber destruction please contact the Elgin County Tree Commissioner at 519-631-1270 ext. 231. Note: This sign shall be no less than 60 cm high by 45 cm wide and the lettering will be no less than 1.5 cm in height.