Proposed Site Alteration and Private Tree By-law

1. Proposed Site Alteration and Private Tree By-law Public Information Centre # 2 Presentation CITY OF BRANTFORD May 11, 2010

2. SCOPE OF THE WORK • Draft Revision of Existing Private Tree By-law • Draft New Site Alteration By-law • Cross-jurisdictional review of similar By-laws and policies • Public & Agency Consultation • Legal Review

3. THE PROJECT TEAM • AMEC Earth and Environmental • Paul Smeltzer, Project Manager • Les Janos, Senior Engineer • Heather Dearlove, Environmental Planner • Dougan & Associates • Jim Dougan, Senior Ecologist • Kristina Shaw-Lukavsky, Landscape Architect • Ross & McBride LLP • Peter Tice and Steve Kim, Lawyers

4. BACKGROUND • City of Brantford Strategic Plan Goal: “Managed Growth & Environmental Leadership” • Brantford Council resolutions: Staff directed to investigate Drainage, Erosion & Sediment Control, and update Private Tree By-law • Interim Report : “Sediment Control at Construction Sites in West Brant” • Problem / Opportunity: • Staff recognized need for enforcement mechanism(s) to regulate grade alteration / vegetation & topsoil removal / placement & dumping of fill activities outside of Planning Act Regulated Development Activities Approved Under the Site Plan Control or Plan of Condominium / Subdivision Process • ESC Plans required for Draft Plans of Subdivisions/Condominium or Site Plan applications • GRCA regulates Site Grading and the temporary placement, dumping or removal of materials on or off-site • Current Tree By-law limited in applicability; need to address tree preservation in a more comprehensive manner

5. BACKGROUND Public Consultation • The study provided for two Public Information Centres: • PIC #1: Held March 9, 2010 at Mohawk Park Pavilion • PIC #2: Scheduled for May 11, 2010 at Tranquility Community Hall • Meetings were also held with the following Groups & Organizations: Policy Review • A review of existing municipal By-laws and policies for Tree Preservation and Site Alteration in over 20 area jurisdictions was completed. A partial list includes: • Niagara Region City Of Kitchener Town of Milton City of Mississauga • City Of Niagara Falls City of Cambridge Town of Oakville Town of Richmond Hill • Town of Fort Erie City of Guelph City of Kingston City of Brampton • City of Hamilton Town of Markham City of Oshawa

6. WHAT WE LEARNED THROUGH CONSULTATION: • General desire for By-laws that: • Regulate activities that have the potential to adversely affect the environment including land, water, cultural, heritage, social and economic • Obtain a balance respecting the greater public good and rights of individual property owners. By-laws must be inherently flexible, reasonable and non-draconian in nature • Are specific and can be efficiently administered by City staff • Satisfy strategic goals of the municipality (ie. 40% tree canopy within the City) • Fit with other current By-laws, Provincial / Municipal Processes and Practices • Increase public awareness • Provide for a phase in period

7. LEGAL REVIEW • A legal review was undertaken by Ross & McBride LLP (consultant legal team) to address the following: • Legislative Authority, • Form and Format, • Consistent wording between By-laws, and • Compliance/Enforcement provisions.

8. SITE ALTERATION BY-LAW OVERVIEW • What does the Site Alteration By-law do? • The Site Alteration By-law provides the Municipality with the legal means to regulate the placement or dumping of Fill; alteration of Grade; and the removal of Topsoil from land within the City outside of the Site Plan Control or Subdivision Development Process. Can be used in advance of a formal application under site plan control or subdivision agreement. Cannot prevent regulated activities from occurring without a permit in all instances. Provides the City with a tool to impose penalties for failing to comply with the By-law • Permitting process facilitates: • Preparation of required documents by Applicant • Review by City and Issuance of Permit • Issuance of Compliance orders by the City to have sites restored • Issuance of fines and/or charges for non-compliance activities • Collection of fees and securities which may be drawn upon by the City to have the work done at the Owner’s expense • Adding site restoration costs to municipal taxes

9. SITE ALTERATION BY-LAW OVERVIEW • The By-law is intended to regulate activities which may cause: • Environmental Degradation (illegal dumping, erosion, sediment transport and deposition), • Drainage Problems (blockages, watercourse alterations) and • Public Nuisance (damage to and/or tracking of mud on City thoroughfares, dust, noise) • Applicable to lands not subject to Subdivision Agreement or Site Plan Control. Note: Site Alteration By-law does not replace the existing Land Development Approval Process • May Include individual homeowner activities such as pool construction, building additions, lot infilling etc. with potential for impact on neighbouring properties • Used in conjunction with other City By-laws (Zoning, Tree, Road Occupation, Nuisance etc.)

10. SITE ALTERATION BY-LAW LEVEL OF CONTROL • By-law level of use and number of permit applications received on an annual basis in other jurisdictions varies greatly and is dependant upon level of control exercised by the municipality and public awareness / education. • Option 1 – Extensive use of By-law to regulate all site alteration activities in the City. Greatest impact on the public and City staff resources required. Risk of public backlash. • Option 2 – Moderate use of the By-law with a stronger focus on larger potential development sites and pre-grading activities and major alteration to private lands. Homeowner permits encouraged but not aggressively pursued. Moderate staff resource requirements • Option 3 – Reserve By-law primarily for development related site activities (ie. pre-grading) in advance of Site Plan or Subdivision Agreement process approvals. Minimal staff resource requirements.

11. SITE ALTERATION BY-LAW LEVEL OF CONTROL • Recommendations will likely be made for Option 2 – Moderate By-law use with stronger focus on larger potential development sites, pre-grading activities and major alteration to private lands. • Reasons: • Goal to protect the natural environment and regulate activities with the greatest potential for adverse impacts • Reduces staff resource requirements • Homeowner activities are frequently the basis for civil claims • Greater public acceptance of By-law • Regulates site development activities that occurred in the past without recourse. Note: City of Brantford does not have a pre-servicing agreement for site development

12. SITE ALTERATION BY-LAW KEY ELEMENTS OF THE BY-LAW Key Prohibitions: • Site alteration By-law to address: • Excavation • Filling • Removal of Vegetation • Removal of Topsoil • Soil compaction • Creation of impervious surfaces • Obstruction of Drainage Facilities • Modification of Watercourses • Work performed on private property resulting in blockage of Drainage Course / Flooding on neighbouring properties. Note: damages from such activities are considered civil matters

13. SITE ALTERATION BY-LAW Key Exemptions: Activities carried out by a Municipality or Municipal Board (as legislated by the Municipal Act which is Provincial legislation) Activities pursuant to a Plan of Subdivision, Site Plan, Consent approval or development permit (Including homeowner activities in un-assumed subdivisions) Electricity Transmission or Distribution activities Aggregate activities regulated under the Aggregate Resources Act or Planning Act Topdressing of Lawns; Minor landscaping; Garden activities which require less than 20 cubic metres and are at least 0.5m away from property lines (with no impact drainage on neighbouring properties) Soil excavation of areas <9 m2 , <0.5m depth (with no impact on drainage, vegetation or slope) Agricultural practices

14. SITE ALTERATION BY-LAW Permit Application Requirements: • Completed Application Form including but not limited to: • Name of Landowner and Proponent • Description of proposed work, location, duration, surrounding land use; • Identification of any Watercourses; • Description & source of any Fill; • GRCA, Heritage or Planning requirements • Control Plan documenting limits of work and property; existing and proposed grades, trees / vegetation, drainage features, erosion and sediment control, environmental protection and mitigation measures proposed, • Reports or studies required by City or external agencies (e.g. EIS, Vegetation Analysis, Geotechnical, Archaeological report) • Scale Plan of any Retaining Walls stamped by a Professional Engineer • Applicable fees and securities

15. SITE ALTERATION BY-LAW Enforcement Controls: Authority: Director of Environmental Services or designate • Revocation of Permit • Applicant provides incorrect, false or misleading information • Applicant does not comply with By-law or permits • Cease and Desist Order • Applicant contravenes By-law or conditions of any associated permits • Work Order • If infractions found, City may require persons to discontinue activity and restore land • City may recover any costs incurred plus interest (lien on property) • Order of Removal • No Permit; City may order restoration of land • Fines • 1st conviction: max. $10,000 ( $50,000 for Corporations) • Subsequent convictions: max. $25,000 ( $100,000 for Corporations)

16. ADMINISTRATION • Strong argument for administration through one City department • General consensus: Site Alteration is a Development-related activity but not a typical Planning task • Staff Requirements: Engineering background, municipal process expertise and Municipal By-law Enforcement Training • Two new positions are suggested

17. TREES PROVIDE SERVICES… environmental social economic Trees improve air quality by producing oxygen, absorbing pollutants and sequestering carbon Trees improve water quality by filtering some pollutants and preventing soil erosion Trees shade and cool waterways and help to mitigate noise and dust Trees provide habitat and food sources for wildlife such as birds, insects and small mammals Trees help to reduce the “urban heat island” effect Trees provide direct mental health benefits and have also been shown to reduce crime in urban areas Trees provide direct physical health benefits – hospital recovery times are significantly lower when a patients’ rooms overlooks treed areas Treed areas reduce stress and contribute to a greater sense of community Trees reduce energy consumption in buildings by providing cooling, windbreak and shading functions Trees reduce costs of storm-water management by rainfall interception and water absorption, reducing flooding risks and costs Trees in commercial areas improve business viability Mature trees on private property increase property value by 5-25%

18. TREES PROVIDE SERVICES… the benefits of mature trees Trees on private property help contribute to the overall health of your community. Larger and more mature trees provide greater environmental, social and economic benefits. In fact, it is estimated that large trees deliver up to eight times the urban benefits of small trees. Most communities can care for their largest trees for as little as $13 per year, per tree. In return, each tree yields about $80-$120 in energy savings, cleaner air, improved storm-water management, extended life of streets, and higher property values. Even at maturity, small stature trees do not come close to providing the same magnitude of benefits. Large –Stature Trees at Maturity: Height = Over 12 m Canopy (Spread) = Over 12 m Trunk Diameter = Over 45 cm Examples = Maples, Oaks, Elms Medium-Stature Trees at Maturity: Height = 6-12 m Canopy (Spread) = 6-12 m Trunk Diameter = 30-45 cm Examples = Honey Locust Small-Stature Trees at Maturity: Height = Under 6 m Canopy (Spread) = Under 6 m Trunk Diameter = 15-30 cm Examples = Most Ornamentals Maturity typically means 40 years after planting

19. PRIVATE TREE BY-LAW • Permitting process facilitates: • Compensation as a condition of permitting; either for replacement trees or payment into Brantford’s tree planting reserve fund • Issuance of fines and/or charges for non-compliance activities • Opportunities for communication and education • Information gathering to preserve and grow the City’s urban tree canopy OVERVIEW • What does the Private Tree By-law do? • The Private Tree By-law provides the Municipality with the legal means to regulate the injury and destruction of trees on private property within the City. • Rationale of a Private Tree By-law • City of Brantford recognizes the ecological, economic and social benefits of trees • Regulation of the existing urban tree canopy is a step toward attaining the Council-endorsed 40% canopy cover goal

20. PRIVATE TREE BY-LAW OVERVIEW OF CURRENT BY-LAW • Overview of Current By-law: Brantford Private Tree Bylaw (By-law # 171-2002 ) • Current By-law is limited in scope, being applicable only to trees within: • Woodlots (>1 acre) • Lands pending an application for development approvals for subdivisions/ condominiums • An Environmental Protection Policy Area or an Environmental Control Policy Area • Only Trees naturally occurring as the following species are subject to protection: • American Chestnut, Dwarf Hackberry, Kentucky Coffee, Blue Ash, Dwarf Chinquapin Oak, Hills Oak, Schumard Oak, Sweet Pignut Hickory, Cucumber Tree, Red Mulberry, Hop Tree • Penalties • 1st conviction $10,000 or $1,000 per tree (whichever is greater) • Subsequent convictions $25,000 or $2,500 per tree (whichever is greater)

21. PRIVATE TREE BY-LAW LEVEL OF CONTROL • By-law level of use and number of permit applications received on an annual basis in other jurisdictions varies greatly and is dependant upon level of control exercised by the municipality and public awareness / education • Option 1 – Regulate all private tree removal activities in the City. Greatest impact on the public and City staff resources required. Costly and difficult to win court actions in many instances. • Option 2 – Flexible approach with stronger focus on larger trees and allowing a number of tree removals without permit requirement. Moderate staff resource requirements. • Option 3 – Regulate very large trees only. Would require an additional woodlot by-law to regulate removal of woodlots prior to development. Minimal staff resource requirements.

22. PRIVATE TREE BY-LAW LEVEL OF CONTROL • Preference is for Option 2 – Flexible approach with stronger focus on larger trees, and allowing a number medium-sized tree removals without permit requirement. • Reasons: • Goal to regulate tree removals to maintain and improve City’s canopy cover • Reduces staff resource requirements • Balances private property rights with benefits for the whole community • Greater public acceptance of By-law • Provides opportunities for information gathering and distribution to public • Regulates woodlots by protecting smaller individual trees

23. PRIVATE TREE BY-LAW KEY ELEMENTS OF REVISED BY-LAW Key Prohibitions:(Applicable to all lands within City limits- see Exemptions) • Injury or destruction of more than 3 trees15cm - 30cm DBH in a year without a permit • Injury or destruction of trees >30cm DBH without a permit • All conditions of Permit & supporting documentation must be met Key Exemptions: • First 3 trees removed in 15-30 cm DBH range per year, but Notification required (no cost) • Activities undertaken by a Municipality or Municipal Board • Lands or activities subject to regulation under the Conservation Authorities Act; Crown Forest Sustainability Act; Surveyor’s Act; Planning Act; Electricity Act; or Aggregate Resources Act • Trees within a building, solarium, rooftop garden or interior courtyard • Tree Farms, Nurseries, Fruit trees • Dead, diseased or hazardous trees (requires Notification and an Arborist Report 3 days prior to work) • Emergency work (requires an Arborist report within 3 days after work) • Pruning

24. PRIVATE TREE BY-LAW KEY ELEMENTS OF REVISED BY-LAW Permit Application Requirements: • Completed application form(including statement on purpose of injury/destruction and written consent of adjacent property owner) • Fees: • 1 to 3 Trees between 15cm DBH and 30cm DBH No Fee (Notification Only) • 4th Tree between 15cm DBH and 30cm DBH $200 • 5th or more Trees between 15cm DBH and 30cm DBH $50 each • Any Tree over 30 cm DBH $250 per tree • Supporting Documentation • Permits will not be issued if: • Application requirements not met or Related development application pending approval • Inconsistent with Endangered Species Act, Migratory Birds Act or an approved Tree Preservation Plan

25. PRIVATE TREE BY-LAW KEY ELEMENTS OF REVISED BY-LAW Conditions of Permitting: • Director may impose terms & conditions on Permit, including: • Arborist Report • Landscaping and/or restoration plans • Require supervision of Arborist • Planting of replacement trees • Ratio of 3 trees for each tree removed • Payment for each tree not replanted to Brantford’s Tree Planting Reserve Fund

26. PRIVATE TREE BY-LAW KEY ELEMENTS OF REVISED BY-LAW Enforcement Controls: • Authority: Director of Parks and Recreation • Revocation of Permit • Incorrect, false or misleading information given • Terms of permit or provisions of by-law not complied with • Cease and Desist Order • Applicant contravenes By-law or conditions of any associated permits • Inspections(at the Director’s discretion) • Fines • Single offence: Maximum is $100,000 • Continuing/multiple offences: Maximum is $10,000 per day

27. NEXT STEPS Receive comments from the public by Tuesday May 25, 2010 Finalize Draft By-law and prepare study report Address implementation issues, i.e. recruitment, training, Public Information Program and timing (including recommended phase-in period) Present final by-law to Committee of the Whole - June 21, 2010

28. Questions?