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HomeMy WebLinkAboutBy-law No. 2016-036 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2016-036 A BY-LAW TO ADOPT A MUNICIPAL TREE POLICY WHEREAS the Council of The Corporation of the Municipality of Bayham recognizes the need for a clear and concise policy concerning Municipal Tree Removal and Tree Planting (Municipal Tree Policy); AND WHEREAS the Council of The Corporation of the Municipality of Bayham deems it advisable that the Municipal Tree Policy be confirmed and adopted by By-law; THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT effective upon passage the Municipal Tree Policy attached hereto as Schedule "A" and forming part of this by-law is hereby adopted as the policies and procedures for the management of Municipal Tree Removal and Tree Planting for the Municipality of Bayham. 2. THAT this Municipal Tree Policy By-law may be amended from time as directed and deemed necessary by The Council of the Corporation of the Municipality of Bayham 3. THAT any Municipal Tree policies previously adopted are hereby repealed; 4. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME and finally passed this 5th day of May 2016. "IPP /IP MA OR °Ftunity Is - Tree Policy The Council of the Corporation of the Municipality of Bayham respects the value of trees and plantings in municipal parks and other municipal owned lands, to promote a healthy and vibrant well treed community. Trees are valuable assets to the municipality as they: i. contribute in the reduction of carbon dioxide levels; ii. act as noise and visual buffers; iii. moderate climate conditions by providing shade and moderating wind and snow levels; iv. provide shelter and food sources to wildlife; and v. contribute to the Municipality of Bayham's aesthetic values through their colour and form. However municipalities must adopt a pragmatic approach to tree removal within opened municipal road allowances considering public safety, durability of assets and reduction of exposure to liability. The purpose of this policy is to provide a policy framework for the Public Works Department to interpret and operationalize when conducting tree removal and brushing activities. 1) The decision to remove trees and conduct brushing activities from a municipal road allowance is a subjective decision which shall be made utilizing the sole, absolute and unfettered discretion of the Public Works Department, via the Road Operations Supervisor or designate, considering any and all of the following factors: a. Road Shading; b. Ditching/Drainage Requirements c. Clear Zone Offset Distances d. The Ontario Roadside Safety Manual, and sector best practices; e. Applicable Legislation; f. Any other relevant document or information as may be deemed prudent by the Road Operations Supervisor or designate. g. Trees are valuable assets to the municipality as they: i. contribute in the reduction of carbon dioxide levels; ii. act as noise and visual buffers; iii. moderate climate conditions by providing shade and moderating wind and snow levels; iv. provide shelter and food sources to wildlife; and v. contribute to the Municipality of Bayham's aesthetic values through their colour and form. 2) Reconsideration of the Municipality of Bayham Tree Removal Policy shall be conducted by Council, at the discretion of Council, at a policy level. TREE PLANTING CONSIDERATIONS 3) Within the Capital Budget annually the Council of the Corporation of the Municipality of Bayham may provide an amount of funding for tree planting on private property. a. The Tree Planting Fund will be a first come, first serve, application based process open to any person wishing to plant trees on private property within the Municipality of Bayham. b. At the close of applications in April all applications will be submitted, by staff, for bulk purchasing through the LPRCA Tree Program. c. Application will be contingent upon the Trees being placed wholly on Private Property within two (2) meters from the private/municipal property line. i. Tree type determined by LPRCA selection and private owner will be responsible for planting and maintenance of the same.