ENVIRONMENT AND TRANSPORTATION COMMITTEE MEETING ON JUNE 21,2004 RECOMMENDATION ~
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1 I TO: I CHAIR AND MEMBERS ENVIRONMENT AND TRANSPORTATION COMMITTEE I -I MEETING ON JUNE 21,2004 I I DAVID A LECKIE, P ENG DIRECTOR, ROADS & TRANSPORTATION ENVIRONMENTAL & ENGINEERING SERVICES SUBJECT I NUISANCE TREES AND CONSENSUAL TREE REMOVAL PROGRAM RECOMMENDATION ~ That on the recommendation of the Director, Roads and Transportation: (a) (b) the existing By-law P-68, entitled Boulevard Tree Protection By-Law, prohibiting citizens from destroying trees on city property BE RETAINED the fees for consensual tree removal BE UPDATED to reflect the actual costs of tree removal and replacement tree planting, as follows: (i) (ii) (iii) (iv) (v) For the removal of a tree under 10 cm in diameter For the removal of a tree 10 cm to 35 cm in diameter For the removal of a tree 36 cm to 61 cm in diameter For the removal of a tree 62 cm to 100 cm in diameter For the removal of a tree over I01 cm in diameter $ 500 $ 800 $1 300 $2 000 $3 000 I (c) (d) such fees BE UPDATED annually based on the Consumer Price Index (rounded to the nearest $1000), and a complete review of such fees BE UNDERTAKEN every five years BACKGROUND Purpose: Municipal Council, at its session held on April 19, 2004 resolved that: Civic Administration review the City of London policy on tree removal services and provide a report to the ETC with respect to unwanted species as identified by the City of London Forestry Operations Division and the true cost of removal of unwanted trees and the replacement of those trees with suitable species Discussion: Nuisance Trees The issue of nuisance trees is extremely subjective Most trees are seen by one person or another, at some time, as a nuisance and separating these unwanted trees in an equitable way would be impossible The following provides some examples that arise every year: 0 Linden trees often get aphids and requests are made to remove the unwanted trees as a result of sticky exudates
2 Agenda Item # Page # Maple trees drop keys most years and frequently have heavy seed crops that prompt homeowners to request removal of the unwanted nuisance tree Oak trees have acorns and attract squirrels that jump on to roofs and requests are made to remove the trees Other messy trees include the Catalpa (long seed pods), Walnut (nut drop), Butternut (nut drop), Crabapple (apple drop and attracting bees), Cherry (fruit attracts birds), Mulberry (fruit attracts birds and bird droppings stain), Chestnut (seed is prickly and children throw it) and so on Many tree species have roots that are attracted to and invade failing, leaking, sewer pipes and requests are made to remove these trees on a nuisance basis Other requests received to remove trees include birds sitting and messing the ground below, leaves falling into eve troughs, trees causing too much shade, trees dropping too many leaves to rake, leaves falling at the wrong time of year, and so on The current by-law requires the protection of all healthy trees, regardless of species As a result, homeowners are not permitted to trim, remove or otherwise destroy city trees There are public safety, risk managementlinsurance and legal implications of permitting homeowners to work or schedule work on public property Accordingly, defining nuisance and allowing for nuisance tree removal is not recommended because it would be too permissive, leading to potential erosion of tree cover in The Forest City Consensual Tree Removal There is an opportunity for consensual tree removal This is reserved for situations where development on private property cannot reasonably be undertaken with the retention of the tree on city property Where the City agrees to the removal of a healthy City tree, the fee which the proponent pays is based on the trunk diameter at breast height (DBH) This measurement is used as an industry standard The larger the tree, the higher the fee will be Only the City or its contractor, with approved insurance and other requirements, should undertake the tree removal and replacement work Up to the present, the user fee has been based on the average tree removal cost within a DBH class, at any location within the City The rates were established in 2000 during the last revision of the Tree Protection By-law, P-68 Since that time, costs of tree removal have escalated In addition, it has been suggested that tree removal fees should include the cost to replant a tree in a close location, or if none exists, then in another area of the City to ensure that London maintains appropriate tree cover in The Forest City The following user fee schedule for tree removal and replacement is recommended: For the removal of a tree under 10 cm in diameter For the removal of a tree 10 cm to 35 cm in diameter For the removal of a tree 36cm to 61cm in diameter For the removal of a tree 62 cm to IOOcm in diameter For the removal of a tree over 101 cm in diameter $500 $800 $1300 $2000 $3000
3 Agenda Item # Page # It is also recommended that these fees be automatically increased each year based on the Consumer Price Index Acknowledgements: /Ij Attachment Tree Protection By-law P-68 CC P Steblin
4 I By-law P=68 A by-law relating to PLANTING AND PRESERVING OF TREES ON BOULEVARDS IN THE CITY OF LONDON WHEREAS the CRy of London Act, 7953 declares that all trees planted upon highways within the City of London are the property of The Corporation of the City,of London and clause (e) of subsection 4 of section 312 of the MunicipalAct, which requinss notice of the removal be given to the owner of the land to which the tree is appurtenant to, shall not apply AND WHEREAS the City of Londdn Act, q953 deems all boulevards which are situated upon or form part of any public highway in the City, whether constructed under the authority of a by-law passed under the provisions of the Municipal Act, or otherwise * AND WHEREAS subsection 312 (4) of the Municipal Act provides that municipalities may pass by-laws, authorizing and regulating the planting of shade or ornamental trees upon any highway, for preserving trees, for prohibiting the injuring or destroying of trees, for prohibiting the planting of unsuitable species of trees and for the removal of such trees without notice, prohibiting the attaching of anything to a tree located on a highway emn if the attachment would not injure or destroy the tree, authoridng the council or an officer of the corporation to supervise the planting of trees, the trimming and removal of decayed or dangerous trees and authorizing the trimming of trees planted on private properly where the branches of such tree extend over a highway AND WHEREAS subsection 312 (6) of the Mynicipal Act, provides that, except with the authority of the council or a committee or officer thereof appointed, no person shall remove or cut down or injure any tree growing upon a highway AND WHEREAS subsection 2201 (2) of the Municipal Act provides that a municipality may pass a by-law for imposing fees or charges on any class of person for services and activities provided or done on behalf of the municipality The Municipal Council of The Corporation of the City of London enacts as follows: SHORT TITLE BOULEVARD TREE PROTECTION BYLAW I I Definitions In this by-law: Part I DEFINITIONS boulevard* means that portion of every road allowance within the limits of the City of London which is not used as a sidewalk, driveway, tivelled roadway of shoulder City means thecorporation of the City of London Commissioner shall mean the Commissioner of Environmental Services for the City and any employee acting under their direction deface includes but is not limited to the painting of words, figures, symbols or any other markings on the bark of a tree
5 "destroy" shall mean to change the structure or condition of a tree such that it cannot reasonably be returned to its original structure or condition 'highway" means a common and public highway, and includes a street and a bridge forming part of a highway, or on, over or across which a highway passes "injure a tree" includes but is not limited to cutting of trees, topping, removing tree bark, leaves or fruit, removing whole 'tree of cutting or breaking of tree roots "topping" shall mean the inter-nodal cutting of tree branches to stubs or laterals, that are not large enough to assume the terminal role of the trunk or branch and also includes such terms as tipping, heading back, hat racking and rounding over "free" includes a tree, shrub or plant alive or dead Part 2 GENERAL PROVISIONS 21 Administration of By-law This by-law shall be administered and enforced by the Commissioner, 22 Commissioner - authority Notwithstanding section 33 of this by-law, the 'Commissioner is hereby authorized to plan, regulate, supervise and carry out all planting, removal, pruning, trimming and, any and all maintenance activities with respect to trees situated on a boulevard in the City of London 23 Branch extending over highways The Cornmissioner may trim any trees planted on private property where the branches extend over a highway 24 Trees may be removed The Commissioner may remove, without notice taany person, a tree of the prohibited species listed in Schedule *A" of this by-law, from the boulevard 25 Consensual tree removal fee Should the Commissioner agree to a request for the removal of a tree located on a City boulevard, a fee as set by Council from time to time, and found in Schedule "6" to this by-law, shall be payable by the person requesting the tree removal prior to the removal of the tree All such tree removals are to be carried out by the Commissioner Part 3 PROHIBITED MATTERS 31 Plant tree without permission No person shall plant or cause tu be planted a tree on a boulevard without written permission of the Commissioner 32 Plant prohibited species No person shall plant or cause to be planted a species of tree designated in Schedule "A" to this by-law as a prohibited species, on a boulevard 33 Cut down - deface - trim - injure - prohibited No person shall cut down, deface, trim, prune, destroy or injure 8 tree located on a boulevard in the City 34 Hinder Commissioner in duties No person shall willfully or maliciously hinder, or interrupt or cause to be hindered or interrupted, the Commissioner, or anyone acting under the Commissioner's direction in the exercise of the powers and duties authorized and conpined in this by-law
6 3 35 Attaching objects prohibited without permission No person shall attach any object or thing to a tree upon a boulevard without written permission from the Commissioner 36 Undertaking work causing tree damage No person shall undertake any work over, upon or under a boulevard so as to cause injury to any tree Part 4 ENFORCEMENT 41 Fine for contravention Any person who contravenes this by-law is, upon conviction, guilty of an offence and is liable to any penalty as provided in the Provincial Offences Acf Continuation - repetition - prohibited by order * 42 The court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted, and such order shall be in addition to any other penalty imposed on the person convicted 51 By-law - previous By-law No PR is hereby repealed Part 5 REPEAL - ENACTMENT 52 Effective date This by-law shall come into force and effect on the day of its final passing PASSED in Open Council on March 4,1996 Dianne Haskett Mayor JA Malpass Assistant City Clerk First Reading - March 4, 1996 Second Reading - March 4,1996 Third Reading - March 4, I996
7 4 SCHEDULE A PROHIBITED SPECIES The following trees of prohibited species may be removed, without notice to any person, by the Commissioner, pursuant to section 24 of this by-law: 1 2 All popular species (Populus spp) All willow species (Salix spp) 3 Thorny Hawthorns (Crataegus), Thorny Honey Locust (Gleditsia), Osage-orange (Maclura pomifera), Black Locust (Robinia) 4 Tree of Heaven (Ailanthus Altissima), SCHEDULE B CONSENSUAL TREE REMOVAL FEES The following fees shall apply when consent is given for the removal of a tree situated on a boulevard in the City of London, pursuant to section 25 of this by-law: For the removal of a tree under 10 cm in diameter $ For the removal of a tree 10 cm to 35 cm in diameter $ For the removal of a tree 36 cm to 61 cm in diameter $1,00000 For the removal of a tree over 61 crn in diameter $1,50000
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