Newmarket exploring stricter protection of trees on private property

Town staff is expected to develop, present tree preservation policies, bylaw later this year

Yorkregion.com
July 4, 2019
Teresa Latchford

Edie Andrews received a letter that turned her into an advocate for tree preservation.

The Jordanry Boulevard resident recently received a letter from the Town of Newmarket, along with her neighbours, advising them the developer Criterion Development Corp., which owns the triangular property on the west side of Yonge Street north of the Mulock Farm, would be removing some of the mature trees right behind their homes.

“In the short term this means the green buffer behind us and the noise, dust and pollution of the Yonge Street transit construction is gone for no good reason it seems,” she said, adding that the town has confirmed the land is not for sale nor is there an application for development.

The letter from the town indicates the woodlot on the south side of the property is protected but the owner is free to remove the remainder of the trees in preparation of future development.

“In the longer term, we are still hopeful we can convince the town to acquire the land and develop it along with the Mulock Farm,” she added. “I have started a petition to that effect.”

To Andrews, it makes no sense to allow the removal of mature trees when the town has been working for years to maintain and increase the urban tree canopy within its borders.

She attended a recent council meeting to share her views with elected officials.

At the same meeting, council received a report regarding the protection of trees on private property that provided background information, the consultation completed to date and the proposed approach to protecting trees on private property.

An online poll conducted through Hey Newmarket shows 22.7 per cent of respondents do not support the idea and 77.3 per cent do.

The report states tree protection can be achieved through the voluntary efforts of landowners, through municipal bylaws and through considering them during the planning process.

Since 2005, the town’s policies related to trees have advanced the state of tree protection and replanting in Newmarket, and in recent years council has adopted a number of policies related to tree protection. The official plan sets targets for woodlot tree cover and in the Urban Forestry Study, the town, York Region and the Lake Simcoe Region Conservation Authority have outlined goals for growing the overall tree canopy cover across town.

The Ontario Municipal Act gives municipalities like Newmarket the authority to enact bylaws prohibiting or regulating the destruction, removal or injuring of trees.

 “The Town currently uses a number of tools to manage canopy cover and the removal of trees,” the report added. “However, these tools have gaps and flaws that leave natural heritage areas and the trees that define many neighbourhoods without any protections.”

In 2017, council directed staff to review the tree policy for properties subject to planning act applications, a bylaw regulating the removal of trees on town-owned lands and a private tree preservation bylaw.

The first two have been dealt with, leaving it up to council to set rules or not to protect trees on private property.

“Densely treed areas in backyards of large lots may be a feature that residents have come to expect to be retained, but there are no controls in most areas of Town to prevent the clear cutting of such areas,” the report states.

A three-tiered approach is proposed by town staff.

Private properties can remove a 20-centimetre-diameter tree, but a larger tree requires either the owner replant or provide compensation to the town, and clear rules need to be set for which trees are prohibited to be removed.

The town should create fines and have the authority to order remedial action when trees are removed without proceeding through the tree policy process for development properties.

Finally, any bylaw passed require that trees cannot be removed in areas subject to the Natural Heritage Designation, including wetlands, floodplain and woodlots, unless approved.

Final recommendations are expected to be developed and presented to council later this year.