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Home My WebLink AboutChapter 690 - Trees650.1 KITCHENER FEBRUARY 2024 PROPERTY MAINTENANCE Chapter 690 TREES Article 1 INTERPRETATION 690.1.1 Citation - Tree By-law 690.1.2 Department - defined 690.1.3 Tree – defined 690.1.4 Administrative penalty by-law – defined 690.1.5 Designated provision – 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 650.2 KITCHENER FEBRUARY 2024 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 690.7.4 Administrative Penalty By-law – application 690.7.5 Administrative Penalty By-law - notice of contravention 690.7.6 Provincial Offences Act 690.7.7 Non-payment SCHEDULE Schedule ‘A’ - Boulevard tree planting ———— 650.3 KITCHENER FEBRUARY 2024 690.1.1 TREES 690.1.5 Article 1 INTERPRETATION 690.1.1 Citation - Tree By-law This Chapter may be known and cited as the “Tree By-law.” Kitchener. 690.1.2 Department - defined “Department” means the Infrastructure Services Department of the City of Kitchener. 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. 690.1.4 Administrative penalty by-law – defined “administrative penalty by-law” means the Administrative Penalty By-law of the City, as amended from time to time, or any successor thereof. 690.1.5 Designated provision – defined “designated provision” means any section of this Chapter designated in accordance with Article 7. 650.4 KITCHENER FEBRUARY 2024 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. 650.5 KITCHENER FEBRUARY 2024 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 (1 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. 650.6 KITCHENER FEBRUARY 2024 690.6.1 TREES 690.7.5 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. 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 Offences Act. 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. 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. 690.7.4 Administrative Penalty By-law - application Articles 3, 4, and 5 of this Chapter are hereby designated as parts of this Chapter to which the Administrative Penalty By-law applies. 690.7.5 Administrative Penalty By-law - notice of contravention Any person shall be liable to pay an administrative penalty and any administrative fees in accordance with the Administrative Penalty By-law, upon the issuance of a penalty notice for a contravention of this Chapter. 650.7 KITCHENER FEBRUARY 2024 690.7.6 TREES 690.7.7 690.7.6 Provincial Offences Act The Provincial Offences Act continues to apply to the provisions of this by-law in addition to the designated provisions of this by-law. 690.7.7 Non-payment Where a person has not paid the administrative penalty within 30 days in accordance with the Administrative Penalty By-law, the City may add the administrative penalty to the tax roll for any property for which the owner or owners are responsible for paying the administrative penalty under Section 690.7.5. By-law 87-293, 9 November 1987; By-law 88-92, 24 May 1988; By-law 91-192, 13 May 1991; By-law 2000-157, 18 September 2000; By-law 2001-151, 27 August 2001; By-law 2011-047, 28 March, 2011; By-law 2024-015, 22 January 2024. . FEBRUARY 2024 690.8 KITCHENER SCHEDULE it Au 2400mm T-RAIL PLANTING PIT TO BE BACKFILLED WITH TOPSOIL, ROOTS N:>T TO BE--'-IL-- DESTROYED. T-RAIL SHALL EXTEND "'TO UNDISTURBED SOIL. ROOTS TO BE CENTRED IN PLANTING PIT,ROOTS TO BE SPREAD TO A NATURAL HABIT. CORP. OF THE CITY OF KITCHENER BOULEVARD TREE PLANTING DATE - MAR/79 OWN.- B.Marsllall I I FEBRUARY 2024 690.8 KITCHENER DWG.NO.-:- KE.S M67