HomeMy WebLinkAboutChapter 690 - TreesChapter 690
TREES
Article I
INTERPRETATION
690.1.1 Citation - Tree By-law
690.1.2 Department - defined
690.1.3 Tree - defined
Article 2
COMMUNITY SERVICES DEPARTMENT
690.2.1 Authority
690.2.2 Planting - care - maintenance
Article 3
PROHIBITIONS
690.3.1 Damage - destruction - injury
690.3.2 Animals - other attachments
Article 4
CONSTRUCTION
690.4.1 Injury - causing during work - prohibited
690.4.2 Protection - trees on city property
690.4.3 Protection - minimum standards
690.4.4 Building Materials - attachment - prohibited
690.4.5 Grade - alteration - not to endanger life
KITCHENER 690.1 JANUARY 2001
690.1.1 TREES 690.1.3
690.4.6 Grade - alteration - exception
Article 5
PLANTING TREES ON CITY PROPERTY
690.5.1 Permission - required
690.5.2 Specifications - to be complied with
Article 6
HYDRO ELECTRIC COMMISSION
690.6.1 Pruning - permitted
Article 7
ENFORCEMENT
690.7.1 Fine - for contravention
690.7.2 Costs - recoverable - notice
690.7.3 Costs - of removal - damages
SCHEDULE
Schedule `A' - Boulevard tree planting
Article 1
INTERPRETATION
690.1.1 Citation - Tree By-law
This Chapter may be known and cited as the "Tree By-law." Kitchener.
By-law 87-293, 9 November, 1987.
690.1.2 Department - defined
"Department" means the Infrastructure Services Department of the City of
Kitchener. By-law 87-293, 9 November, 1987; By-law 2000-157, 18 Sep-
tember, 2000; By-law 2011-047, 28 March, 2011.
690.1.3 Tree - defined
"tree" means any tree, sapling or shrub, now or hereafter growing on prop-
erty of the City, unless a contrary intention appears.
APRIL 2011 690.2 KITCHENER
690.2.1 TREES 690.4.1
Article 2
COMMUNITY SERVICES DEPARTMENT
690.2.1 Authority
The Department is hereby authorized to administer, carry out and enforce
the provisions of this Chapter and perform all acts and give all consents here-
under that are not required by law to be given by this Council.
690.2.2 Planting - care - maintenance
The Department is hereby authorized and requested to do all acts necessary
to provide for the planting, care and maintenance of all trees on City prop-
erty. Care and maintenance includes, where necessary in the public interest,
pruning of trees provided that they are preserved so far as is reasonably
possible.
Article 3
PROHIBITIONS
690.3.1 Damage - destruction - injury
No person shall:
(a) deface, cut, pollard, injure, cause compaction to or otherwise
damage or destroy any tree or part thereof,
(b) damage, destroy or remove any supporting post, stake or guard
attached to or around a tree; or
(c) cut down, root up or remove any tree or part thereof, whether
living or dead.
690.3.2 Animals - other attachments
No person shall fasten, tie or attach any animal, fence, wire, bill or notice to
any tree or to any post, stake or guard which supports a tree and any such ani-
mal or material may be removed therefrom without notice or recompense to
the owner thereof.
Article 4
CONSTRUCTION
690.4.1 Injury - causing during work - prohibited
Any contractor, commission or corporation or any other organization, per-
son or individual, having a contract for paving streets, constructing side-
walks or excavating or doing any work on City property, shall when
executing such work or contract take all necessary steps to avoid injuring
any tree and in this connection, shall obey any lawful direction given by a re-
sponsible officer of the Department.
KITCHENER 690.3 JANUARY 2002
690.4.2 TREES 690.5.2
690.4.2 Protection - trees on city property
It shall be the responsibility of the person or persons in charge of any lot on
which the construction, alteration or demolition of any building is taking
place, to take adequate steps for the protection of any trees on City property
within 6.09 metres (20 feet) of any such lot and no such work shall be com-
menced until such protection has been provided.
690.4.3 Protection - minimum standards
The protection required to be provided pursuant to Section 690.4.2 above
shall, as a minimum standard, consist of 2.5 centimetres (I inch) plank ex-
tending at least 2.44 metres (8 feet) up the tree's trunk from grade, which is
adequately secured and not wired to the tree.
690.4.4 Building Materials - attachment - prohibited
No building materials of any kind shall be attached to, leaned against or bur-
ied around a tree and no signs shall be attached to a tree.
690.4.5 Grade - alteration - not to endanger life
The grade around any tree shall not be raised or lowered so as to endanger its
life. Care shall be taken to avoid any damage to the roots or branches of any
tree.
690.4.6 Grade - alteration - exception
Any alteration of the grade around a tree, which in the opinion of the Depart-
ment, will be likely to be harmful to the life of a tree, shall not be undertaken
without the specific permission of the Department.
Article 5
PLANTING TREES ON CITY PROPERTY
690.5.1 Permission - required
No person shall plant any tree on City property without the permission of the
Department and any tree planted without permission may be removed with-
out notice or compensation to any person.
690.5.2 Specifications - to be complied with
Every tree planted on a boulevard or other City property by a private individ-
ual shall be planted in accordance with the specifications of the City as set
out in Schedule `A' to this Chapter and shall be at such distance from the
street line as is necessary to keep the underground services on the street free
and clear from obstruction. By-law 87-293, 9 November, 1987.
JANUARY 2002 690.4 KITCHENER
690.6.1 TREES 690.7.3
Article 6
HYDRO ELECTRIC COMMISSION
690.6.1 Pruning - permitted
Nothing in this Chapter prevents Kitchener -Wilmot Inc. and Bell Canada
from carrying out any necessary pruning, provided that any tree pruned is
preserved so far as is reasonably possible. By-law 87-293, 9 November,
1987; By-law 2001-151, 27 August, 2001.
Article 7
ENFORCEMENT
690.7.1 Fine - for contravention
Every person who contravenes any provision of this Chapter is guilty of an
offence and is liable, upon conviction, to a fine not exceeding Five Thousand
Dollars ($5,000), exclusive of costs, for each offence, recoverable under the
Provincial Of,knees Act. By-law 91-192, 13 May, 1991.
690.7.2 Costs - recoverable - notice
Any person who damages a tree:
(a) shall be responsible to the City for the cost of repairing the tree,
including the cost of removing such part thereof which is dam-
aged beyond repair; and
(b) shall report forthwith such damage to the Department and make
suitable arrangements for repairing the tree, including remov-
ing such part thereof damaged beyond repair, by forestry per-
sonnel of the Department. By-law 87-293, 9 November, 1987.
690.7.3 Costs - of removal - damages
Any person who cuts down, roots up, removes, destroys or damages beyond
repair any tree, shall be responsible to the City for the cost of removing the
tree, if it or part thereof remains, plus an amount equal to the value of the tree
as established by the appropriate method of appraisal prescribed by the Inter-
national Society of Horticulture in "Valuation of Landscape Trees, Shrubs
and Other Plants," A Guide to the Methods and Procedures for Appraising
Amenity Plants, Seventh Edition printed January, 1988. By-law 87-293, 9
November, 1987; By-law 88-92, 24 May, 1988.
KITCHENER 690.5 JANUARY 2002
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