Oakville private tree bylaw tightens up with new rules and fees

Insidehalton.com
April 28, 2017
By Nathan Howes

Oakville property owners may soon face an amended private tree protection bylaw - and new rules and fees that come with it.

The “tweaked” bylaw heads to council Monday, May 1 for approval. It aims to strengthen and protect Oakville’s urban forests, says the Town.

It got the green light at April 24’s Community Services Committee, based on details set out in an April 7 Parks and Open Space report, and following lengthy discussion with the public and Town staff, including a presentation from Chris Marks, director of Parks and Open Space.

Oakville’s private tree bylaw came into effect in 2008. Now it’s likely to see changes that focus on tree replacement, permit requirements and processes for residents, and ensure a private tree’s owner has considered all options before removing a healthy tree by expanding inspection requirements for removal.

“The previous bylaw did serve extremely well and we felt the bylaw really needed to be tweaked, as opposed to opening up the entire bylaw,” said Marks, of the bylaw that saw its share of public controversy when adopted.

“We had a report reviewing four or five different areas of the bylaw we felt needed strengthening,” said Marks.

Driving the review, says the Town, is canopy loss.

The report highlighted the fact that under the original bylaw, a property owner’ had the ability to remove four trees, measuring 20-76 centimetres, per year, with only a notification form.

Under the new rules, permits would replace notifications.

Significant canopy is lost annually through allowing the notifications. When tallied, between 2012-2016, the tree removals represented more than one per cent canopy loss, stated the report.

It states there have been 280,270 square metres (6,300 trees) of canopy loss in the five-year period, which excludes dead, emerald ash borer (EAB)-infested and hazardous trees.

Under the new scheme, the permit fee for the first tree removed measuring between 15-24 centimetres in diameter will be $50. Additional trees sized within the range, or the first exceeding it, will cost $325 per tree.

The Town estimates it will require about 1,235 new permits a year and generate close to $394,00 in annual revenue.

The new rules also address concerns brought forward in a Jan. 24 staff report that noted commercially-certified arborists can unilaterally assess a tree, declare it an imminent hazard and remove it with no requirement for a Town permit or approval.

Under the update bylaw, the absence of advance notice and approval continues for imminent-risk trees in the updated bylaw.

Trees deemed high-risk will be inspected by Town staff within five business days.

A consultation meeting will be held in May with arboriculture companies about licensing, but it’s expected certified arborists and related firms will be required to be fully licensed with the Town by this fall, Marks said

“We feel it gives greater oversight and regulation that will protect and enhance the town’s urban forest. It will allow the Town the ability to revoke licences, firms or individuals not operating in compliance of the private tree protection bylaw,” said Marks.

“We feel that, overall, arborists should be licensed within the town, for greater safeguard and oversight of the urban forests.”

If approved, the bylaw will require:

• All removals of trees greater than 15 cm will now require a permit issued by the Town, as well as all trees required to be retained or planted as a condition of an approved site plan

• A permit fee will now be charged for all removals, except for dead, high-risk Asian long-horned beetle- and EAB-infested trees or a buckthorn species

• Property owners are now required to post a tree removal permit at the site where the tree is being removed a minimum of five business days prior to removal

• Residents applying for the removal of high-risk trees will now have to provide an arborist report and the tree(s) will be inspected by forestry staff within five business days following receipt of a permit application

• Where an extreme risk tree has been removed, the property owner will be required to notify the Town and provide supporting documentation.

• The proposed bylaw retains the automatic permission to remove a tree or part of a tree that poses an extreme risk where the likelihood of failure is imminent without prior inspection by Town staff. Staff will be reporting back to Council further on this matter.

• There are now new conditions of approval requirements for tree replacement

• Tree-planting requirements have been made much more practical for residents who are required to replant a tree(s) as a condition of tree removal.

Monday’s Council meeting is at 7 p.m. in Council Chamber at Town Hall, 1225 Trafalgar Rd.

For information, visit oakville.ca.