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HomeMy WebLinkAboutChapter 692 - Trees - Protection - Destruction - Injury PROPERTY MAINTENANCE Chapter 692 TREES - PROTECTIONS DESTRUCTION - INJURY Article 1 INTERPRETATION 692.1.1 Arborist-defined 692.1.2 City-defined 692.1.3 Conservation Authority-defined 692.1.4 Diameter breast height-defined 692.1.5 Dead-defined 692.1.6 Director-defined 692.1.7 Director of Enforcement-defined 692.1.8 Drip line-defined 692.1.9 Dying-defined 692.1.10 Emergency work-defined 692.1.11 Good arboricultural practice-defined 692.1.12 Hazardous 692.1.13 Injure/injury-defined 692.1.14 Land-defined 692.1.15 Officer-defined 692.1.16 Owner-defined 692.1.17 Permit-defined 692.1.18 Person-defined 692.1.19 Site-defined 692.1.20 Tree-defined KITCHENER 692.1 APRIL 2010 PROTECTION-DESTRUCTION-INJURY 692.1.21 Woodlands-defined Article 2 GENERAL PROHIBITIONS 692.2.1 Injury to trees-prohibited-without permit Article 3 STATUTORY EXEMPTIONS 692.3.1 Municipal-local board-activities 692.3.2 Crown forest-licence 692.3.3 Surveyor-engaged in practice 692.3.4 Planning Act-approval 692.3.5 Electricity transmitter-distributor 692.3.6 Pit or quarry-permit 692.3.7 Pit or quarry-enlargement-lawful Article 4 SPECIFIC EXEMPTIONS 692.4.1 Land less than 1 acre 692.4.2 Dead-diseased-hazardous trees-certified 692.4.3 Damaged-destroyed trees-certified 692.4.4 Tree-within 5 metres of occupied building 692.4.5 Tree-within building envelope-permit issued 692.4.6 Small trees Article 5 PLANNING AND DEVELOPMENT PROCESS 692.5.1 Provisions-part of approval process 692.5.2 Application part of technical information-Planning Act 692.5.3 Approval pending-no alteration of site permitted APRIL 2010 692.2 KITCHENER PROTECTION-DESTRUCTION-INJURY Article 6 ADMINISTRATION 692.6.1 Director responsibility Article 7 APPLICATION FOR PERMIT 692.7.1 To Director-information-fee-required 692.7.2 Deemed incomplete-conditions set out 692.7.3 Additional information-as requested-time limitation 692.7.4 Director-authority to confer with others 692.7.5 Permit refused-in writing-reconsideration Article 8 REQUIREMENTS FOR PERMIT ISSUANCE 692.8.1 Permit-issue requirements met 692.8.2 Extended permits-granted 692.8.3 Good forestry practices-conditions Article 9 PERMIT CONDITIONS 692.9.1 Set out 692.9.2 Planting as replacement-imposed-further conditions 692.9.3 Planting-replacement-not possible-other remedy Article 10 RENEWAL OR TRANSFER OF PERMIT 692.10.1 Permit-duration 692.10.2 Renewal-extension-requirements-fee 692.10.3 Land ownership-transfer-conditions Article 11 REVOCATION OF PERMIT 692.11.1 Reasons-set out KITCHENER 692.3 APRIL 2010 PROTECTION-DESTRUCTION-INJURY 692.11.2 Operation ceased immediately Article 12 ORDERS 692.12.1 Compliance required 692.12.2 Contravention-order issued work ceased immediately 692.12.3 Contravention-order complete-previously approved Article 13 ENFORCEMENT 692.13.1 Director of Enforcement-authority 692.13.2 Inspection-entry upon land-at any reasonable time 692.13.3 Inspection-methods permitted 692.13.4 Inspection-hindering-obstruction-prohibited Article 14 PENALTIES 692.14.1 Fine-for contravention-person 692.14.2 Fine-for contravention-corporation 692.14.3 Fines-exclusive of costs Article 15 VALIDITY OF BY-LAW 692.15.1 Validity 692.15.2 Severability Article 16 SCHEDULES 692.16.1 Set out-form part of Chapter Article 17 EFFECT 692.17.1 Effective date APRIL 2010 692.4 KITCHENER PROTECTION-DESTRUCTION-INJURY SCHEDULE Schedule`A' -Information required for a complete application WHEREAS pursuant to subsection 135(1)of theMunicipalAct,2001, c. 25,as amended,the Council of The Corporation of the City of Kitchener may prohibit or regulate the destruction or injuring of trees; WHEREAS pursuant to subsection 135(7)of theMunicipalAct, 2001, c. 25,a by-law passed under subsection 135(1)may require that a permitbe obtained to injure or destroy trees and the City of Kitchener may impose fees for the permit,the circumstances under which a permit may be issued, and the conditions to such a permit; AND WHEREAS, it may be desirable to permit limited tree cutting on larger parcels of land in advance of a development application being per- mitted under section 41 of the Planning Pict,R.S.O. 1990,c.P.13; AND WHEREAS the City of Kitchener deems it desirable to prohibit the injury or destruction of trees for the purposes of: 1. minimizing the destruction or injuring of trees; 2. regulating and controlling the removal, maintenance and pro- tection of trees; 3. protecting, promoting and enhancing the aesthetic value of trees; 4. sustaining a healthy natural environment;and 5. contributing to the human health and quality of life of all per- sons who work,live or play in the City of Kitchener,through the maintenance of tree cover, while recognizing the private land rights of its citizens. KITCHENER 692.5 APRIL 2010 692.1.1 PROTECTION-DESTRUCTION-INJURY 692.1.8 Article 1 INTERPRETATION 692.1.1 Arborist-defined "arborist"means an expert in the care and maintenance of trees and includes an arborist qualified by the Ministry of Training,Colleges and Universities, a forest technician or forestry technologist with an applicable college di- ploma and a minimum of two years urban forestry experience,a certified ar- borist qualified by the Certification Board of the International Society of Arboriculture,a consulting arborist registered with the American Society of Consulting Arborists,a Registered Professional Forester designated pursu- ant to the Professional Foresters Act, 2000, or a person with other similar qualifications as approved by the Director. 692.1.2 City-defined "City"means The Corporation of the City of Kitchener. 692.1.3 Conservation Authority-defined "Conservation Authority"means the Grand River Conservation Authority. 692.1.4 Diameter breast height-defined "diameter breast height"(DBH)means: (a) the diameter of a trunk of a tree including the bark measured at 1.37 metres above the highest point on the tree where the ground meets its trunk; and (b) where there are multiple trunks,the total diameters of the multi- ple trunks of a tree including the bark measured at 1.37 metres above the highest point on the tree where the ground meets one of those trunks. 692.1.5 Dead-defined "dead"means a tree that has no living tissue as determined by an arborist. 692.1.6 Director-defined "Director"means the Director of Planning for the City,or his/her designate. 692.1.7 Director of Enforcement-defined "Director of Enforcement"means the Director of Enforcement for the City. 692.1.8 Drip line-defined "drip line"means an imaginary line running directly beneath the outermost branches of an individual tree or of the trees forming the perimeter of the woodland. APRIL 2010 692.6 KITCHENER 692.1.9 PROTECTION-DESTRUCTION-INJURY 692.1.17 692.1.9 Dying-defined "dying"means a tree that is infected by a lethal pathogen or where 70 percent or more of its crown is dead as determined by an arborist. 692.1.10 Emergency work- defined "emergency work"means work required to be done immediately in order to prevent imminent danger including tree maintenance work necessary due to natural events(i.e.ice storm,high winds,lightning),as well as tree mainte- nance work associated with emergency drain,utility and building repairs. 692.1.11 Good arboricultural practice-defined "good arboricultural practice"means the proper implementation of renewal and maintenance activities known to be appropriate for individual trees in and around urban areas to minimize detrimental impacts on urban forest val- ues and includes pruning of trees to remove dead limbs,maintain structural stability and balance,or to encourage their natural form,provided that such pruning is limited to the appropriate removal of not more than one third of the live branches or limbs of a tree,but does not include pruning specifically to increase light or space. 692.1.12 Hazardous "hazardous" means destabilized or structurally compromised to an extent that it presents an imminent danger of causing property damage or injury to life as determined by an arborist. 692.1.13 Injure/injury-defined "injure/injury" means injuring or destroying a tree by: removing, cutting, girdling,or smothering of the tree or roots;interfering with the water supply; setting fire to a tree;applying chemicals on,around,or near the tree;compac- tion or re-grading within the drip line of a tree. 692.1.14 Land-defined "land"includes all property within the City. 692.1.15 Officer-defined "officer"means any person designated by this or any other by-law or resolu- tion of the City to issue permits, impose conditions and to enforce the permits. 692.1.16 Owner-defined "owner" means the person having the right, title, interest or equity in the land,or his or her agent authorized in writing,and includes the owner of ei- ther property where the base of a tree straddles a property line and the owner of a property that is physically impacted by the roots or crown of a tree. 692.1.17 Permit- defined "permit"means a permit to injure a tree issued by the Director. KITCHENER 692.7 APRIL 2010 692.1.18 PROTECTION-DESTRUCTION-INJURY 692.2.1 692.1.18 Person-defined "person"includes a company,a corporation,a partnership,an individual,a public utility and a person as defined in subsection 29(1)of the Interpreta- tionAct,R.S.O. 1990,c.I.11, as amended. 692.1.19 Site- defined "site"means the area of land containing any tree proposed to be injured. 692.1.20 Tree- defined "tree"means any species of woody perennial plant,including its root sys- tem,which has reached or can reach a height of at least 4.5 metres at physio- logical maturity, provided that where multiple stems grow from the same root system, the number of trees shall be the number of stems that can be counted at a point of measurement 1.37 metres from the ground. 692.1.21 Woodlands-defined "woodlands"means woodlands as defined in the Forestry Pict that are one hectare or more in area with at least: (a) 1,000 trees of any size per hectare; (b) 750 trees measuring over five centimetres in diameter,per hect- are; (c) 500 trees measuring over 12 centimetres in diameter,per hect- are;or (d) 250 trees measuring over 20 centimetres in diameter,per hect- are, but does not include: (a) a cultivated fruit or nut orchard; (b) a tree nursery; or (c) a plantation established for the purposes of producing Christ- mas trees. For these purposes,all measurements of trees are to be taken at 1.37 metres from the ground. Article 2 GENERAL PROHIBITIONS 692.2.1 Injury to trees-prohibited-without permit No person shall injure or cause or permit the injury of a tree or trees within the City without a permit. APRIL 2010 692.8 KITCHENER 692.3.1 PROTECTION-DESTRUCTION-INJURY 692.3.7 Article 3 STATUTORY EXEMPTIONS 692.3.1 Municipal-local board-activities Article 2 does not apply to activities or matters undertaken by a municipality or a local board of a municipality. 692.3.2 Crown forest-licence Article 2 does not apply to activities or matters undertaken under a licence is- sued under the Crown Forest Sustainability Pict, 1994. 692.3.3 Surveyor-engaged in practice Article 2 does not apply to the injuring oftrees by a person licensed under the Surveyors Pict to engage in the practice of cadastral surveying or his or her agent,while making a survey. 692.3.4 Planning Act-approval Article 2 does not apply to the injuring of trees in accordance with a condi- tion to the approval of a site plan,a plan of subdivision,consent or develop- ment permit under section 41, 51, 53 or 70.2 respectively, of the Planning Pict,R.S.O. 1990,c.P.13 or as a requirement of a site plan agreement or sub- division agreement entered into under those sections. 692.3.5 Electricity transmitter-distributor Article 2 does not apply to the injuring of trees by a transmitter or distributor, as those terms are defined in section 2 of the Electricity Pict, 1998, c. 15, Schedule`A', for the purpose of constructing and maintaining a transmis- sion system or a distribution system, as those terms are defined in that section. 692.3.6 Pit or quarry-permit Article 2 does not apply to the injuring of trees undertaken on land described in a licence for a pit or quarry or a permit for a wayside pit or wayside quarry issued under the Aggregate Resources Pict. 692.3.7 Pit or quarry-enlargement-lawful Article 2 does not apply to the injuring of trees undertaken on land in order to lawfully establish and operate or enlarge any pit or quarry on land: (a) that has not been designated under theAggregate ResourcesAct or a predecessor of that Act;and (b) on which a pit or quarry is a permitted land use under a by-law passed under section 34 of the Planning Pict, R.S.O. 1990, c. P.13. KITCHENER 692.9 APRIL 2010 692.4.1 PROTECTION-DESTRUCTION-INJURY 692.5.2 Article 4 SPECIFIC EXEMPTIONS 692.4.1 Land less than 1 acre In addition to Article 3,the provisions of this Chapter do not apply to the re- moval of a tree or trees situated on land less then 0.405 hectares in size. 692.4.2 Dead-diseased-hazardous trees- certified In addition to Article 3,the provisions of this Chapter do not apply to the re- moval of a dead,diseased or hazardous tree when certified as such by an in- dividual designated or approved by the Director. 692.4.3 Damaged-destroyed trees-certified In addition to Article 3,the provisions of this Chapter do not apply to the re- moval of a damaged or destroyed tree,when certified as such by an individ- ual designated or approved by the Director, where the removal is in the interest of public safety,health or general welfare following any man-made or natural disasters, storms,high winds,floods,fires,snowfall or freezes. 692.4.4 Tree-within 5 metres of occupied building In addition to Article 3,the provisions of this Chapter do not apply to the re- moval of trees located within 5 metres of an occupied building. 692.4.5 Tree-within building envelope-permit issued In addition to Article 3 the provisions of this Chapter do not apply to the re- moval of trees that are located within a building envelope in respect of which a building permit has been issued pursuant to the Building CodeAct,,1992. 692.4.6 Small trees In addition to Article 3,the provisions of this Chapter do not apply to the re- moval of trees with a DBH less then 10 centimetres. Article 5 PLANNING AND DEVELOPMENT PROCESS 692.5.1 Provisions-part of approval process The provisions of this Chapter,as amended from time to time,shall form part of the development approval process governed by the Planning Pict. 692.5.2 Application part of technical information-Planning Act An application for a permit may be processed concurrently with an applica- tion submitted pursuant to the Planning Act and may form part of the techni- cal information requested in order to consider a planning application complete. APRIL 2010 692.10 KITCHENER 692.5.3 PROTECTION-DESTRUCTION-INJURY 692.7.3 692.5.3 Approval pending-no alteration of site permitted Where there is a planning application involving an approval all trees upon the subject property shall be protected from injury or destruction from any site alteration,until the issuance of a permit and/or the receipt of final ap- proval of any applicable planning applications. Article 6 ADMINISTRATION 692.6.1 Director responsibility The Director is responsible for the administration of this Chapter and is hereby delegated the authority to receive applications and the required fees and to issue permits and to attach conditions thereto in accordance with this Chapter. Article 7 APPLICATION FOR PERMIT 692.7.1 To Director-information-fee-required Subj ect to A-ticles 2,3 and 4 respectively,every person that intends to injure a tree personally or through another person is required by this Chapter to ap- ply to the Director for a permit by submitting all of the information necessary to determine compliance with this Chapter and paying the fee prescribed. 692.7.2 Deemed incomplete-conditions set out An application for a permit shall be deemed incomplete,and no permit shall be issued if: (a) the application has not been completed in full; (b) the owner has not signed the application and submitted the orig- inal signature as part of the application; (c) the owner's agent,if applicable,being the party who will be un- dertaking the works or whom is responsible for the injuring of trees has not signed the application and submitted the original signature as part of the application;or (d) the application fee has not been paid. 692.7.3 Additional information-as requested-time limitation Where,in the determination of the Director,additional information is neces- sary to evaluate the application, the Director may require the applicant to submit such additional information within a specified period of time.If the requested information is not submitted within the specified period of time, the application may be refused. KITCHENER 692.11 APRIL 2010 692.7.4 PROTECTION-DESTRUCTION-INJURY 692.8.3 692.7.4 Director-authority to confer with others Following receipt of an application,the Director may confer with such per- sons and agencies as he/she considers necessary for the proper review of the application, whether or not a permit should be issued, and any condition thereto. 692.7.5 Permit refused-in writing-reconsideration Where the Director refuses to issue a permit,the applicant shall be informed in writing of the refusal by the Director.The Director may reconsider the ap- plication if additional information or documentation required by the Direc- tor is submitted by the applicant. Article 8 REQUIREMENTS FOR PERMIT ISSUANCE 692.8.1 Permit-issue requirements met Following receipt of an application,the Director may issue a permit for in- juring trees where the Director is satisfied that the applicant has complied or will comply with all requirements of this Chapter. 692.8.2 Extended permits-granted Following receipt of an application,the Director may issue a permit for in- juring trees where the Director is satisfied that all required external permits have been granted to the applicant. 692.8.3 Good forestry practices-conditions Following receipt of an application,the Director may issue a permit for in- juring trees where the Director is satisfied that the proposed injuring of trees is in accordance with good forestry practices,and: (a) will not interfere with natural drainage processes; (b) will not result in soil erosion, slope instability or siltation in a watercourse; (c) will not have a significant impact on any healthy vegetation community within,and adjacent to the subject site; (d) will not have a significant impact on fish or wildlife habitat within,and adjacent to the subject site; (e) will not be in contravention of the Species atRiskAct,2002 the Endangered Species Act,2007 or the Migratory Birds Conven- tion Act, 1994;or (f) is consistent with an approved tree preservation plan. APRIL 2010 692.12 KITCHENER 692.9.1 PROTECTION-DESTRUCTION-INJURY 692.10.1 Article 9 PERMIT CONDITIONS 692.9.1 Set out A permit may be subject to conditions imposed by the Director,which may include requirements for: (a) the submission of landscaping or restoration plans and associ- ated maintenance plans; (b) requiring that replacement trees be planted; (c) the undertaking of tree cutting work only under the supervision of an arborist; (d) as to the manner and timing in which injury is to occur; or (e) as to the species, size, number and location of trees to be in- j ured. 692.9.2 Planting as replacement-imposed-further conditions Where the planting of replacement trees has been imposed as a condition,the Director may impose further conditions,including,but not limited to: (a) the species,size,number and location of the replacement trees; (b) the submission of landscaping or restoration plans and associ- ated maintenance plans;or (c) the submission of a written undertaking signed by the owner stating the replacement planning will be carried out. 692.9.3 Planting-replacement-not possible-other remedy Where the planting of replacement trees is not possible on the subject site, the Director may impose conditions requiring that: (a) replacement trees be planted on other suitable land;or (b) an amount be paid equalling 120 per cent of the cost for planting replacement trees and maintaining the trees for a period of two years,such amount to be applied to promoting the conservation and sustainable use of trees and woodlands. Article 10 RENEWAL OR TRANSFER OF PERMIT 692.10.1 Permit- duration Any permit issued pursuant to this Chapter shall be valid for a period of ninety calendar days from the date of issuance KITCHENER 692.13 APRIL 2010 692.10.2 PROTECTION-DESTRUCTION-INJURY 692.12.1 692.10.2 Renewal-extension-requirements-fee An owner shall apply to renew a permit where the work authorized will not be complete prior to the expiration of the permit.A permit may be extended where an application to renew is filed at least thirty calendar days before the date of expiry upon making of a written request to the Director accompanied by a payment of one-half of the original permit fee,provided that the pro- posed work which was the subject of the permit,has not been revised. 692.10.3 Land ownership -transfer-conditions If registered ownership of the site for which a permit has been issued is trans- ferred while the permit remains in effect and outstanding, the new owner shall,prior to the closing of the transfer: (a) provide the City with its written undertaking to comply with the permit and any conditions under which the permit was issued; and (b) failing which the permit shall be deemed to be cancelled as of the date of the transfer. Article 11 REVOCATION OF PERMIT 692.11.1 Reasons-set out A permit may be revoked by the Director under any of the following circum- stances: (a) if it was issued on mistaken,misleading,false,or incorrect in- formation; (b) if it was issued in error; (c) if the owner requests,in writing,that it be revoked;or (d) if an owner fails to comply with any provision of the permit or this Chapter. 692.11.2 Operation ceased immediately When a permit is revoked,the owner shall immediately cease all operations being conducted under the authority of the revoked permit. Article 12 ORDERS 692.12.1 Compliance required Any person to whom an order is issued pursuant to this Chapter shall comply with the terms of such order,within the time set out therein. APRIL 2010 692.14 KITCHENER 692.12.2 PROTECTION-DESTRUCTION-INJURY 692.13.3 692.12.2 Contravention-order issued work ceased immediately Where an owner or any other person is in contravention of the Chapter,or any term or condition of a permit issued under this Chapter,the Director may make an order directing that the owner or such person to cease any or all work immediately. 692.12.3 Contravention-order complete-previously approved Where a permit has been issued and an owner is in contravention of this Chapter or any term or condition issued under this Chapter,the Director may issue an order directing the owner,within the time set out in the order,to take such steps as are necessary so that the work which was the subject of the per- mit is completed in accordance with the approved permit,plans,documents and other information upon which the permit was issued under this Chapter and in accordance with the terms and conditions of the permit. Article 13 ENFORCEMENT 692.13.1 Director of Enforcement-authority The Director of Enforcement shall be responsible for overseeing the en- forcement of this Chapter. 692.13.2 Inspection-entry upon land-at any reasonable time The Director and the Director of Enforcement and his/her designates may,at any reasonable time, enter and inspect any land to determine whether this Chapter,order,a condition to a permit issued pursuant to this Chapter,or a court order pursuant to section 431 of the Municipal Pict,2001,c.25 is being complied with. 692.13.3 Inspection-methods permitted A person performing an inspection pursuant to this Chapter may: (a) require the production for inspection of documents or things relevant to the inspection; (b) inspect and remove documents or things relevant to the inspec- tion for the purpose of making copies or extracts; (c) require information from any person concerning a matter re- lated to the inspection;and (d) alone or in conjunction with a person possessing special or ex- pert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection. KITCHENER 692.15 APRIL 2010 692.13.4 PROTECTION-DESTRUCTION-INJURY 692.15.2 692.13.4 Inspection-hindering-obstruction-prohibited No person shall hinder or obstructor attempt to hinder or obstruct any person who is carrying out an inspection pursuant to this Chapter,and any person who so obstructs an officer is guilty of an offence pursuant to this Chapter. Article 14 PENALTIES 692.14.1 Fine-for contravention-person Any person other than a corporation who contravenes any provision of this Chapter,the terms or conditions of any permit,or an order issued under this Chapter,is guilty of an offence and is liable: (a) on a first conviction,to a fine not exceeding$25,000;and (b) on any subsequent conviction,to a fine not exceeding$50,000. 692.14.2 Fine-for contravention-corporation A corporation that contravenes any provision of this Chapter,the terms or conditions of any permit,or an order issued under this Chapter,is guilty of an offence and is liable: (a) on a first conviction,to a fine not exceeding$50,000;and (b) on any subsequent conviction, to a fine not exceeding $100,000. 692.14.3 Fines-exclusive of costs The fines set out in Sections 692.14.1 and 692.14.2 are exclusive of costs and are collectible pursuant to the Provincial Offences Pict. Article 15 VALIDITY OF BY-LAW 692.15.1 Validity In the event a court of competent jurisdiction declares any Section or part of this Chapter invalid,the remainder of this Chapter shall continue in force and effect. 692.15.2 Severability It is hereby declared that each and every of the foregoing Sections of this Chapter is severable and that,if any provisions of this Chapter should for any reason be declared invalid by any court, it is the intention and desire of Council that each and every of the then remaining provisions hereof shall re- main in full force and effect. APRIL 2010 692.16 KITCHENER 692.16.1 PROTECTION-DESTRUCTION-INJURY 692.17.1 Article 16 SCHEDULES 692.16.1 Set out-form part of Chapter The following Schedules attached to this Chapter form and are part of this Chapter: (a) Schedule`A'-Information required for a complete application. Article 17 EFFECT 692.17.1 Effective date This Chapter shall take effect and come into force upon its final passing. By-law 2010-042, 8 March,2010. KITCHENER 692.17 APRIL 2010 PROTECTION-DESTRUCTION-INJURY SCHEDULE Schedule`A' -Information Required for a Complete Application 1. Receipt of prescribed fees; 2. Name,address and telephone number of all owners; 3. Name,address and telephone number of the authorized quali- fied professional of the owner; 4. Signature or authorization of all owners; 5. Municipal address of property(if assigned); 6. Legal description of property; 7. A detailed plan or survey of the subject site clearly identifying: (a) property boundaries; (b) location and dimensions of existing and proposed buildings; (c) location and dimensions of roadways, driveways and parking areas; (d) any and all significant features of the lands includ- ing but not limited to rivers, streams, steep slopes (greater then 20 per cent),wetlands or environmen- tally regulated areas; (e) location and dimensions of the trees proposed to be injured and/or retained; (f) in the instance where the base of a tree to be injured straddles a property line,the written consent of the affected adjacent property owner to the proposed injury shall be obtained. AND(if required) 8. A General Vegetation Overview, Detailed Vegetation Plan or Tree Preservation/Enhancement Plan prepared and signed by a qualified professional in accordance with the City of Kitchener Tree Management Policy No.I-1160. By-law 2010-042, 8 March,2010; Schedule`A'. APRIL 2010 692.18 KITCHENER