HomeMy WebLinkAboutCIS Agenda - 2023-04-241
KiTc�ivER
Community and Infrastructure Services Committee
Agenda
Monday, April 24, 2023, 1:00 p.m. - 3:30 p.m.
Council Chambers - Hybrid
City of Kitchener
200 King Street W, Kitchener, ON N2G 4G7
People interested in participating in this meeting can register online using the delegation registration
form at www.kitchener.ca/delegation or via email at delegation(a)kitchener.ca. Please refer to the
delegation section on the agenda below for registration in-person and electronic participation
deadlines. Written comments received will be circulated prior to the meeting and will form part of the
public record.
The meeting live -stream and archived videos are available at www.kitchener.ca/watchnow.
*Accessible formats and communication supports are available upon request. If you require
assistance to take part in a city meeting or event, please call 519-741-2345 or TTY 1-866-969-9994.*
Chair: Councillor M. Johnston
Vice -Chair: Councillor D. Schnider
Pages
1. Commencement
2. Disclosure of Pecuniary Interest and the General Nature Thereof
Members of Council and members of the City's local boards/committees are
required to file a written statement when they have a conflict of interest. If a
conflict is declared, please visit www. kitchener. ca/conflict to submit your written
form.
3. Consent Items
The following matters are considered not to require debate and should be
approved by one motion in accordance with the recommendation contained in
each staff report. A majority vote is required to discuss any report listed as
under this section.
3.1 Removal of Holding Provision, Zoning By-law Amendment
ZBA23/004/S/CD, 2155 Strasburg Road, Huron Creek Holdings Corp.,
DSD -2023-114
3.2 Removal of Holding Provision, Zoning By-law Amendment
ZBA23/006/C/BB, 9 Cameron Street North, 550 Kng Street GP Inc.,
DSD -2023-156
3.3 Private Street Naming, 57 Jacob Detweiller Drive, DSD -2023-132
3.4 Private Street Naming, 175 Tartan Avenue, DSD -2023-150
3.5 Noise Exemption, Greek Food Festival, CSD -2023-167
4. Delegations
Pursuant to Council's Procedural By-law, delegations are permitted to address
the Committee for a maximum of five (5) minutes. All Delegations where
possible are encouraged to register prior to the start of the meeting. For
Delegates who are attending in-person, registration is permitted up to the start
of the meeting. Delegates who are interested in attending virtually must register
by 11: 00 a.m. on April 24, 2023, in order to participate electronically.
4.1 None at this time.
5. Discussion Items
5.1 Vision Zero Report, DSD -2023-152 45 m
(Staff will provide a 5 -minute presentation on this matter.)
5.2 Fireworks By-law Update, CSD -2023-166 30 m
(Staff will provide a 5 -minute presentation on this matter.)
5.3 Tree Conservation Processes Review, DSD- 30 m
2023-161
(Staff will provide a 5 -minute presentation on this matter.)
5.4 Wijindamaan Indigenous Land Restoration at 30 m
Pioneer Tower Natural Area, INS -2023-181
(Staff will provide a 5 -minute presentation on this matter.)
6. Information Items
6.1 None.
7. Adjournment
Marilyn Mills
Committee Administrator
3
11
20
29
41
43
6'1:3
62
Page 2 of 191
Staff Report
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Development Services Department www.kitchener.ca
REPORT TO: Community and Infrastructure Services Committee
DATE OF MEETING: April 24, 2023
SUBMITTED BY: Garett Stevenson, Interim Director of Planning, 519-741-2200 ext.
7070
PREPARED BY: Craig Dumart, Senior Planner, 519-741-2200 ext. 7073
WARD(S) INVOLVED: Ward 4
DATE OF REPORT: March 24, 2023
REPORT NO.: DSD -2023-114
SUBJECT: Zoning By-law Amendment Application ZBA23/004/S/CD
Lifting of Holding Provision
2155 Strasburg Road
Huron Creek Holdings Corp
RECOMMENDATION:
That Zoning By-law Amendment Application ZBA23/004/S/CD for Huron Creek Holdings Corp
for the purpose of removing Holding Provision 29H from the lands specified in the attached
Map No.1, in the form shown in the "Proposed By-law" attached to the Report DSD -2023-114
as Appendix A, be approved.
REPORT HIGHLIGHTS:
• The purpose of this report is to seek Council's approval of a zoning by-law amendment to
remove Holding Provision 29H from 2155 Strasburg Road.
• The applicant has satisfied the conditions outlined within the holding provision as confirmed by
the Regional Municipality of Waterloo.
• There are no financial implications associated with the zoning by-law amendment.
• Community engagement included notification of the intent to pass a by-law to remove the
Holding Provision that was advertised in The Record on March 31, 2023.
• This report supports the delivery of core services.
BACKGROUND:
An application by Huron Creek Holdings Corp (property owner) to lift Holding Provision 29H from
2155 Strasburg Road has been made to facilitate the development of the property with a stacked
townhouse multiple dwelling development containing 196 residential units. This report seeks
Council's approval of zoning by-law amendment to remove the Holding Provision from the property.
REPORT:
In November 2022, a Site Plan Application (SP22/151/S/CD) was submitted for the development of
a 196 residential unit stacked townhouse development. Approval in Principle of the site plan was
granted in December 2022, conditional upon the lifting of Holding Provision 29H. Holding Provision
29H prohibits residential uses until such time as the City is in receipt of a letter from the Region of
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 3 of 191
Waterloo, advising that the Region's requirements have been satisfied with respect to the
submission of a detailed noise impact assessment for traffic noise.
In March of 2023, a Zoning By-law Amendment Application was submitted requesting to lift the
Holding Provision.
The City is in receipt of correspondence dated March 22, 2023 (Attachment C) indicating that the
Regional Municipality of Waterloo is satisfied that the applicant has met the requirements of 29H
related to road traffic noise and has no objection to the lifting of the Holding Provision as it applies
to the development of a 196 residential unit stacked townhouse development proposed for 2155
Strasburg Road.
Based on the above, Planning staff is of the opinion that the requested zoning by-law amendment
to remove Holding Provision 29H is appropriate at this time since the requirements to release the
holding provision have been met. Planning Staff recommends removing Holding Provision 29H as
shown on Map No. 1 contained within Attachment `A'.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
council / committee meeting. Notice of the intention to pass a By-law to remove the Holding Provision
was placed in the Record on March 31, 2023 (Attachment B). Under the Planning Act a statutory
public meeting is not required for zoning by-law amendments to remove holding provisions and a
neighbourhood circulation is not required.
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act, 1990
• Zoning By-law 2019-051
REVIEWED BY: Malone -Wright, Tina— Interim Manager of Development Review, Planning
Division
APPROVED BY: Justin Readman, General Manager Development Services
ATTACHMENTS:
Attachment A — Proposed Zoning By-law to amend By-law 2019-051 and Map No. 1
Attachment B — Newspaper Notice
Attachment C — Regional Municipality of Waterloo Approval Letter
Attachment D — Holding Provision 29H
Page 4 of 191
PROPOSED BY — LAW
2023
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend By-law 2019-051, as amended
known as the Zoning By-law for the City of Kitchener
— Huron Creek Holdings Corp — 2155 Strasburg Road)
WHEREAS it is deemed expedient to amend By-law 2019-051 for the lands specified
above;
NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as
follows:
1. Schedule Numbers 153, 154, 163 and 164 of Appendix "A" to By-law 2019-051 are hereby
amended by changing the zoning applicable to the parcel of land specified and illustrated
as Area 1 on Map No. 1, in the City of Kitchener, attached hereto, from Low Rise
Residential Five Zone (RES -5) with Site Specific Provision (260) and Holding Provision
(29H) to Low Rise Residential Five Zone (RES -5) with Site Specific Provision (260).
2. Section 20 to By-law 2019-051 is hereby amended by deleting (29H).
PASSED at the Council Chambers in the City of Kitchener this day of
2023.
Mayor
Clerk
Page 5 of 191
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NOTICE OF PUBLIC MEETING
for removal of a holding provision
2155 Strasburg Road
e
, %
Location Map
Lifting of Holding Provision 29H
F
Community & Infrastructure
Services Committee
Date: April 24, 2023
Location: Council Chambers,
Kitchener City Hall
200 King Street West
rVirtual Zoom Meeting
To view the staff report, agenda
and find meeting details, visit:
kitchenenca/meetings
To learn more about this project, visit:
www.kitchenenca/
Pla n n i ngAppl ications
or contact:
Craig Dumart, Senior Planner
519.741.2200 x 7073
craig.dumart@ kitchener.ca
The City of Kitchener will consider an application to amend Zoning By-law
2019-051 to lift Holding Provision 29H affecting the subject lands. The
requirements for the removal of 29H have been fulfilled with the approval of a
detailed Noise Impact Assessment for traffic noise by the Region of Waterloo.
Page 7 of 191
�U
Region of Waterloo
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N2G U Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www.regionofwaterloo.ca
File: C14/60/2/23002
March 22, 2023
Craig Dumart, MCIP, RPP
Senior Planner
City of Kitchener
City Hall, P.O. Box 1118
200 King St. West
Kitchener, ON N2G 4G7
Dear Mr. Dumart:
Re: Holding Provision Clearance
ZBA 23/002/S/CD
Huron Creek Holdings Corp.
2155 Strasburg Road
City of Kitchener
In accordance with By-law No. 17-035 of the Regional Municipality of Waterloo, please
accept the following recommendation regarding the above -noted application on behalf
of the Council of the Regional Municipality of Waterloo.
The applicant has requested Holding Provision (29) on the above -noted property be
lifted at this time. The provision reads,
"Within the lands zoned RES -5, OSR-2 and NHC-1 and shown as affected by this
subsection on Zoning Grid Schedules 153, 154, 163 and 164 of Appendix A, no
residential uses or private day care facility shall be permitted until such time as the City
is in receipt of a letter from the Region, advising that the Region's requirements have
been satisfied with respect to the submission of a detailed noise impact assessment for
traffic noise, based on the proposed site plan, to address compatibility; and this holding
provision has been removed by By-law."
The Region has reviewed the road traffic noise study entitled, "Strasburg Road Stacked
Townhouse Development Kitchener Ontario Environmental Noise Assessment" (MTE
Consultants, August 17, 2022). Staff accepted the report in a letter dated November 1,
Document Number: 4340403 Version: 1
Page 8 of 191
2022. Please be advised the City of Kitchener is responsible for ensuring
implementation of the mitigation measures recommended in the Study.
As such, there are no outstanding Regional requirements to be addressed prior to City
of Kitchener Council lifting the holding provision applicable to this development.
Should you have any questions, please do not hesitate to contact Shilling Yip, Senior
Planner at SVip _regionofwaterloo.ca or (226) 753-1064 (cell).
Yours truly,
Amanda Kutler, MCIP, RPP
Manager, Community Planning
Document Number: 4340403 Version: 1
Page 9 of 191
SECTION 20 — Holding Provisions
(29H)
(29H) — Within the lands zoned RES -5, OSR-2 and NHC-1 and shown as affected by this
subsection on Zoning Grid Schedules 153, 154, 163 and 164 of Appendix A, no residential uses
or private day care facility shall be permitted until such time as the City is in receipt of a letter from
the Region, advising that the Region's requirements have been satisfied with respect to the
submission of a detailed noise impact assessment for traffic noise, based on the proposed site
plan, to address compatibility; and this holding provision has been removed by By-law.
City of Kitchener Zoning By-law 2019-051
Page 10 of 191
Staff Report
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Development Services Department www.kitchener.ca
REPORT TO: Community and Infrastructure Services Committee
DATE OF MEETING: April 24, 2023
SUBMITTED BY: Garett Stevenson, Interim Director of Planning, 519-741-2200 ext.
7070
PREPARED BY: Brian Bateman, Senior Planner, 519-741-2200 ext. 7869
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: March 27, 2023
REPORT NO.: DSD -2023-156
SUBJECT: Zoning By-law Amendment Application ZBA23/006/C/BB
Lifting of Holding Provision
9 Cameron Street North
550 King Street GP Inc.
RECOMMENDATION:
That Zoning By-law Amendment Application ZBA23/006/C/BB for 9 Cameron Street North
Kitchener Incorporated for the purpose of removing Holding Provision 15H from the lands
specified in the attached Map No.1, in the form shown in the "Proposed By-law" attached to
as Appendix A, be approved.
REPORT HIGHLIGHTS:
• The purpose of this report is to seek Council's approval of a zoning by-law amendment to
remove Holding Provision 15H from 9 Cameron Street North.
• The applicant has satisfied the requirements outlined within the holding provision as confirmed
by Planning staff.
• There are no financial implications associated with the zoning by-law amendment.
• Community engagement included notification of the intent to pass a by-law to remove the
Holding Provision that was advertised in The Record on March 31, 2023.
• This report supports the delivery of core services.
BACKGROUND:
An application by 550 King Street GP Inc. (property owner) to lift Holding Provision 15H from 9
Cameron Street North has been made to facilitate the redevelopment of the property with a 9 storey
60 -unit multiple dwelling. This report seeks Council's approval of zoning by-law amendment to
remove the Holding Provision from the property.
REPORT:
The Owner has consolidated 9 Cameron Street North with their landholdings addressed as 550 King
Street East located between Cameron Street North and Betzner Avenue North in the King Street
East Neighbourhood. The intent is to redevelop the lands with a nine -storey multiple dwelling. To
facilitate the development proposal, applications for consent and minor variance were submitted to
the Committee of Adjustment in December 2022. The applications were circulated to area residents
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 11 of 191
at that time. B2023-004 and A2023-014 and A2023-015 were subsequently approved by the
Committee of Adjustment in January 2023.
Additionally, in November 2022, Site Plan Application (SP22/164/K/BB) was submitted to Planning
for the development of a 9 storey 60 -unit multiple dwelling. Approval was granted March 6, 2023,
conditional upon the lifting of Holding Provision 15H. On March 24, 2023, a Zoning By-law
Amendment Application was submitted requesting to lift the Holding Provision.
Holding Provision 15H requires that 9 Cameron Street North be consolidated with lands fronting King
Street and that access and buffering considerations be approved by the City's Director of Planning.
The City is in receipt of correspondence from the applicant confirming the lands have been
consolidated (Attachment C). The City has granted Conditional Approval of a Site Application
(SP22/164/K/BB) and the Committee of Adjustment has approved consent and minor variance
applications to facilitate the proposed development. As such, Planning is satisfied that the
requirements of 15H have been achieved and has no objection to the lifting of the Holding Provision.
Based on the above, Planning staff is of the opinion that the requested zoning by-law amendment
to remove Holding Provision 15H is appropriate at this time since the requirements to release the
holding provision have been met. Planning Staff recommends removing Holding Provision 15H as
shown on Map No. 1 contained within Attachment `A'.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
council / committee meeting. Notice of the intention to pass a By-law to remove the Holding Provision
was placed in the Record on March 10, 2023 (Attachment B). Under the Planning Act a statutory
public meeting is not required for zoning by-law amendments to remove holding provisions and a
neighbourhood circulation is not required.
PREVIOUS REPORTS/AUTHORITIES:
• DSD -2022-042
• March 6, 2023, Conditional Site Plan Approval Letter for SP22/164/K/BB
• Planning Act, 1990
• Zoning By-law 85-1
REVIEWED BY: Malone -Wright, Tina— Interim Manager of Development Review, Planning
Division
APPROVED BY: Justin Readman, General Manager Development Services
ATTACHMENTS:
Attachment A — Proposed Zoning By-law to amend By-law 85-1 and Map No. 1
Attachment B — Newspaper Notice
Attachment C — Letter from Applicant
Attachment D — Holding Provision 15H
Page 12 of 191
PROPOSED BY — LAW
2023
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend By-law 85-1, as amended known as
the Zoning By-law for the City of Kitchener
— 550 King Street GP Inc. — 9 Cameron Street North)
WHEREAS it is deemed expedient to amend By-law 85-1 for the lands specified above;
NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as
follows:
1. Schedule Number 120 of Appendix "A" to By-law 85-1 is hereby amended by changing
the zoning applicable to the parcel of land specified and illustrated as Area 1 on Map No.
1, in the City of Kitchener, attached hereto, from Medium Intensity Mixed Use Corridor
Zone (MU -2) with Special Regulation Provision 541R and Special Use Provision 401U
and Holding Provision 15H to Medium Intensity Mixed Use Corridor Zone (MU -2) with
Special Regulation Provision 541 R and Special Use Provision 401 U.
2. Schedule Number 120 of Appendix "A" to By-law 85-1 is hereby amended by changing
the zoning applicable to the parcel of land specified and illustrated as Area 2 on Map No.
1, in the City of Kitchener, attached hereto, from Medium Intensity Mixed Use Corridor
Zone (MU -2) with Special Regulation Provision 541R and Holding Provision 15H to
Medium Intensity Mixed Use Corridor Zone (MU -2) with Special Regulation Provision
541 R.
PASSED at the Council Chambers in the City of Kitchener this day of
2023.
Mayor
Clerk
Page 13 of 191
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APPENDIX "F" - HOLDING PROVISIONS FOR SPECIFIC LANDS
15. Notwithstanding Sections 54.1 and 54.2 of this By-law, within the lands zoned MU -2 on
Schedules 120, 142, 143 and 271 of Appendix "A", only a single detached dwelling, duplex,
multiple dwelling, lodging house having less than 9 residents, residential care facility having less
than 9 residents, home business and private home daycare, and only within the buildings
existing on January 24, 1994 and uses accessory thereto, shall be permitted until such time as
the holding symbol affecting the lands has been removed by by-law. The holding symbol shall
not be removed until such time as the lands have been consolidated with lands fronting King
Street East and a site plan including appropriate site access and site buffering measures has
been approved by the City's Director of Planning.
(By-law 94-1, S.14)
(Amended: By-law 2010-156, S. 55)
City of Kitchener Zoning By-law 85-1 Office Consolidation: September 7, 2010
Page 15 of 191
F I , i
Barristers, Solicitors
Notaries Public
LAW
FILE NUMBER: 22-99-161851
March 22, 2023
VIA email dave.galbraith@ibigroup.com
IBI GROUP
410 Albert Street, Suite 101
Waterloo ON N2L 3V3 Canada
Dear Mr. Galbraith:
GGFI LAW LLP
515 Riverbend Dr., Suite 200
Kitchener, ON N2K 3S3
Martin Mahlstedt*
519-579-4300 Ext 287
martinmahlstedt@ggfilaw.com
`Practicing as a Professional Corporation
ESL 550 King Street GP Inc.
Record of Site Conditions of 550 King Street East, Kitchener, Ontario N2G 21-8
(the "Property") (PIN 22510-0355 (LT))
Please be advised that we are the lawyers for 550 King Street GP Inc. (the "Corporation) in respect of the
above -noted matter.
550 King Street GP Inc. became the registered owner of to the Property pursuant to a Transfer registered
as Instrument Number WR1311314 on January 15, 2021. 550 King Street LP is the sole beneficial owner
of the property.
An Application to Consolidate Parcels predates the Transfer, and was registered as Instrument No.
WR1310131 on January 12, 2021, accordingly, the property identification numbers thereon were replaced
on February 3, 2021 by a single property identification number (PIN), being PIN 22510-0355.
The Property is legally described as follows:
FIRSTLY: LOT 9, PLAN 323; PART LOTS 10-11, PLAN 323; PART LOTS 1-2, PLAN 100,
PARTS 1 & 2 PLAN 58R6892, PARTS 1 & 2 PLAN 58R7308, EXCEPT PART 3 PLAN
58R12367; SECONDLY: PART LOTS 1-3, PLAN 100, PART 1 PLAN 58R12168, EXCEPT
PART 4 PLAN 58R12367; T/W 1456115; CITY OF KITCHENER.
Land Registry Office #58
(PIN 22510-0355 (LT))
FEE SIMPLE
LT CONVERSION QUALIFIED
Roll # 3012 030 008 269 10 0000
KITCHENER a NEW HAMBURG T 519-579-4300 F 519-579-8745
Page 16 of 191
The municipal address of the Property is 550 King Street East, Kitchener, Ontario N2G 21-8.
Please find enclosed the following documents:
1. Parcel Register for PIN 22510-0355, dated February 16, 2023;
2. Transfer registered on January 15, 2021, as Instrument number WR1311314;
3. Application to Consolidate registered January 12, 2021, as instrument number WR1310131; and
4. Plan of Survey of the Property dated August 8, 2022, signed by Rod Lord, Ontario Land Surveyor.
Should you have any questions regarding the information contained herein, please do not hesitate to
contact the undersigned.
Yours truly,
GGFI LAW ccs
rrtlrr aftilstedt ,
f
MM/tf
Encl.
Page 17 of 191
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Page 1 o�
NOTICE OF PUBLIC MEETING
for removal of a holding provision
9 Cameron Street North
Location Map
Lifting of Holding Provision 15H
Community & Infrastructure
Services Committee
Date: April 24, 2023
Location: Council Chambers,
Kitchener City Hall
200 King Street west
rVirtual Zoom Meeting
To view the staff report, agenda
and find meeting details, visit:
kitchenenca/meetings
To learn more about this project, visit:
www.kitchenenca/
Pla n n i ngAppl ications
or contact:
Brian Bateman, Senior Planner
519.741.2200 x 7869
brian.bateman@ kitchener.ca
The City of Kitchener will consider an application for a Zoning By-law
Amendment to lift Holding Provision 15H in Zoning By-law 85-1 affecting the
subject lands. The requirements for the removal of 15H have been fulfilled with
the consolidation of the subject property with lands addressed as 530 King
Street East and included as part of an approved Site Plan Application.
Page 19 of 191
R
SUBJECT4
\ AREA
c"
C
�
Location Map
Lifting of Holding Provision 15H
Community & Infrastructure
Services Committee
Date: April 24, 2023
Location: Council Chambers,
Kitchener City Hall
200 King Street west
rVirtual Zoom Meeting
To view the staff report, agenda
and find meeting details, visit:
kitchenenca/meetings
To learn more about this project, visit:
www.kitchenenca/
Pla n n i ngAppl ications
or contact:
Brian Bateman, Senior Planner
519.741.2200 x 7869
brian.bateman@ kitchener.ca
The City of Kitchener will consider an application for a Zoning By-law
Amendment to lift Holding Provision 15H in Zoning By-law 85-1 affecting the
subject lands. The requirements for the removal of 15H have been fulfilled with
the consolidation of the subject property with lands addressed as 530 King
Street East and included as part of an approved Site Plan Application.
Page 19 of 191
Staff Report
r
NJ :R
Development Services Department www.kitchener.ca
REPORT TO: Community and Infrastructure Services Committee
DATE OF MEETING: April 24, 2023
SUBMITTED BY: Garett Stevenson, Interim Director of Planning, 519-741-2200 ext.
7070
PREPARED BY: Ben Brummelhuis, Student Planner, 519-741-2200 ext. 7074
WARD(S) INVOLVED: Ward 4
DATE OF REPORT: March 27, 2023
REPORT NO.: DSD -2023-132
SUBJECT: Private Street Naming — 57 Jacob Detweiller Drive
RECOMMENDATION:
That the City of Kitchener acknowledge that Activa Holdings Inc. intends to name private
street: "Rosefinch Drive" within a multiple dwelling development consisting of three
townhouse buildings located at 57 Jacob Detweiller Drive; and further,
That the City's Legal Services division be directed to proceed with the required advertising,
preparation, and registration of the necessary By-law for the naming of "Rosefinch Drive".
REPORT HIGHLIGHTS:
• The purpose of this report is the applicant is seeking Council approval to name a private street
within the residential development located at 57 Jacob Detweiller Drive.
• The key finding of this report is proposing to name a private street as "Rosefinch Drive". Staff
are satisfied that the proposed private street name is appropriate and support the street naming
request.
• There are no financial implications as there is no impact to the capital or operating budget.
• Community engagement included the information posted to the City's website with the agenda
in advance of the council/committee meeting.
• This report supports the delivery of core services.
BACKGROUND:
Activa Holdings Inc. is seeking Council approval to name a private street within the planned
development located at 57 Jacob Detweiller Drive. The proposed development received Conditional
Approval of Site Plan Application SP22/118/J/ES for a 16 -unit multiple dwelling development
consisting of three townhouse buildings in September 2022.
The 16 units will receive civic addresses along Stauffer Woods Trail, New Dundee Road, and
Shaded Creek Drive. A private street naming is proposed for the interior laneway to better direct
visitors, deliveries and to accessible parking spaces within the site.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 20 of 191
JACOB DETWEILLER DR
SITE PLAN
ACTIVA HOLDINGS INC
57 JACOB DETWEILLER DRIVE
NEVI DUNDEE ROAD
D 5 1D 15 20
SCALE 1: 600
DATE: FEBRUARY 2, 2023
SITE STATISTICS n� 1
2unnByawg gy�'+951: R$ [69MR 637R 6991R1 &
2mn9 Br#aw 2014051:RES6 13091. BOB[. f3101
Ld Aaaa- d,672nY
P ikkVto-aga 112gT&(2"%)
Lft&s edk� 2,DIXW(43.N)
MpWft l Had S.fam Area -1 MY H27.7%)
Parking{hamd m By -La 2014051):
Raquia& 4523 4aces11.0-1A Wp SWnej
Pmuide&21 apaaas
Parkng Sym Mimeum Dsoer¢bnr 2.6mx 5.5m
Visbr Parking:
Regire-3s0ans{0.15a.aad..}
Prv.Jl d-4 q—
Barrer Free
Required -1 space 14% & kdal mghad)
Pro ded - 14— {Type Al
D&Mk VahiGe:
Required -464} (20%d bW requi(ed)
Pr—w - 15 sN®s (9arage W—)
Nkwle Pafmg:
Regimd-0spaICIa. A); 2 Wams10— B)
Pro.ded-6Vp (Chas By
MULTIPLE RESIDENTIAL
N.d-d U-- 16
Fk. so—Ratio-0.75
Buik" Height -10Are
Selback
ftired jmhI Prrnid d
LdlNidth 15A. 46.1.
Fnml YardMAm 31.
Ent Side Yard 3A. 3.5. {Sla.�K. W.W.New D.W.)
Ext Side Yad 20. 15. {Ai011-8heeh)
Raar Yard 7.Om 92.
NOTES:
- ALL ASPHALT AREAS TO M DEFINED WITH 08nH IGH POURED
CONCRETE CURBING
-PEDFSTRVN CROS° 5 WILL USE ALTMNATf IM7ERAL TO ASPHALT
- GARBAGE COLLECTION TO BE PROVIDED BY DHE REGION OF WATERLOO
{SUBJECT TO APPROVAL)
- SNOW REMOVAL SHALL BE STORED CN ME. SURPLUS SNOW SHALL BE
REMOVED OFFSITE AT OVRERS EXPENSE BY PRNATE SNOW REMOVAL
SERVICE
-THE LOCATION AND DESIGN OP THE SHADE STRUCTURE IS
CONCEPTUAL- THE LOCATION AND DETAILED DESIGN ARE TO BE
DEIEfl/�ED THROUGH LAMS! -"APE DESIGIL AND SUBJECT TO CRANGE..
REMSEDSITE PLAN APPLICATION No. SP2211181JIES
BLOCK 95, DRAFT PLAN OF SUBDIVISION 30TM203
Figure 1 — Site Plan
City of Kitchener CAD FILE
DEVELOPMENT SERVICES DEPARTMENTSP.DWG
REPORT:
The applicant is proposing to name the private street shown on Appendix C as "Rosefinch Drive".
The naming of the private street will eliminate the need for a Multiple Unit Identification Sign at the
entrance to the site and offers improved site navigation for residents and visitors.
The proposal has been circulated to internal departments and no concerns were raised. The
dwellings will receive civic addresses in accordance with the City's Street Naming and Addressing
Policy. The Region of Waterloo has approved the proposed street name. Staff are satisfied that the
proposed private street name is appropriate and support the street naming request.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
Page 21 of 191
INFORM — This report has been posted to the City's website with the agenda in advance of the
council / committee meeting.
PREVIOUS REPORTS/AUTHORITIES:
There are no previous reports/authorities related to this matter.
REVIEWED BY: Malone -Wright, Tina — Interim Manager of Development Review, Planning
Division
APPROVED BY: Readman, Justin — General Manager, Development Services
ATTACHMENTS:
Appendix A — Site Plan — SP22/118/J/ES
Appendix B — Staff and Agency Comments — 57 Jacob Detweiller Drive
Appendix C — Private Street Name Plan — 57 Jacob Detweiller Drive
Appendix D — Draft Reference Plan — 57 Jacob Detweiller Drive
Page 22 of 191
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From:
Dave Seller
Sent:
March 3, 2023 11:49 AM
To:
Ben Brummelhuis
Cc:
Eric Schneider
Subject: RE: Private Street Naming Request - 57 Jacob Detweiller Drive
Transportation Services have no concerns with the proposed street name.
Dave Seller, C.E.T.
Traffic Planning Analyst I Transportation Services I City of Kitchener
519-741-2200 ext. 7369 1 TTY 1-866-969-9994 1 dave.seller@kitchener.ca
Page 24 of 191
From: Barb Fairbairn
Sent: March 21, 2023 4:23 PM
To: Tom Ruggle; Ben Brummelhuis
Cc: Eric Schneider
Subject: RE: Private Street Naming Request - 57 Jacob Detweiller Drive
Ok, thanks for that, Tom. I understand.
Ba rb
From: Tom Ruggle <Tom.Ruggle@kitchener.ca>
Sent: Tuesday, March 21, 2023 4:22 PM
To: Barb Fairbairn <Barb.Fairbairn @kitchener.ca>; Ben Brummelhuis <Ben.Brum mel huis@kitchener.ca>
Cc: Eric Schneider <Eric.Schneider@kitchener.ca>
Subject: RE: Private Street Naming Request - 57 Jacob Detweiller Drive
I think we are looking at keeping the street fronting addresses, and treat the private street in the manor
of a named laneway that runs behind.
From: Barb Fairbairn <Barb.Fairbairn @kitchener.ca>
Sent: March 21, 2023 4:20 PM
To: Tom Ruggle <Tom.Rueele@kitchener.ca>; Ben Brummelhuis <Ben.Brummelhuis@kitchener.ca>
Cc: Eric Schneider <Eric.Schneider@kitchener.ca>
Subject: RE: Private Street Naming Request - 57 Jacob Detweiller Drive
Hi. Just to clarify, this would mean addressing units off of the private lane but they are
accessed from the street - or would we be keeping the street fronting civics I have assigned
and they would just use a private name for reference for visitors parking, etc.
Thanks.
Ba rb
From: Tom Ruggle <Tom.Ruggle@kitchener.ca>
Sent: Tuesday, March 21, 2023 4:17 PM
To: Ben Brummelhuis < Ben. Brum mel huis@kitchener.ca>
Cc: Eric Schneider <Eric.Schneider@kitchener.ca>; Barb Fairbairn <Barb.Fairbairn @kitchener.ca>
Subject: RE: Private Street Naming Request - 57 Jacob Detweiller Drive
Hi Ben,
I have no issue with it, provided it is signed as a functional street. I would treat this along the lines of the
50 laneways that we have in the City.
Cheers,
Tom Ruggle
Chief Fire Prevention Officer I Fire Department I City of Kitchener
Page 25 of 191
From: Derrick Hambly <DHambly@regionofwaterloo.ca>
Sent: March 7, 2023 10:15 AM
To: Ben Brummelhuis
Cc: Chris Rumig
Subject: RE: Private Street Naming Request - 57 Jacob Detweiller Drive
You don't often get email from dham bly@regionofwaterloo.ca. Learn why this is important
Hi Ben,
I can confirm that Rosefinch Drive has been reserved by MHBC for this development, so they may go
ahead with using the name.
Regards,
Derrick
Derrick Hambly, GIS Technologist
Region of Waterloo I dhambly(cDregionofwaterloo.ca
From: Ben Brummelhuis <Ben.Brum mel huis@kitchener.ca>
Sent: March 3, 2023 11:36 AM
To: Chris Rumig <Crumig@regionofwaterloo.ca>; Barb Fairbairn <Barb.Fairbairn@kitchener.ca>; Tom
Ruggle <Tom.Ruggle@kitchener.ca>; Dave Seller <Dave.Seller@kitchener.ca>; Beth Bruno
<Beth.Bruno@kitchener.ca>; Christine Kompter<Christine.Kompter@kitchener.ca>
Cc: Eric Schneider <Eric.Schneider@kitchener.ca>
Subject: Private Street Naming Request - 57 Jacob Detweiller Drive
Hi everyone,
Please see attached the formal request and supporting documents and fees submitted by MHBC on
behalf of Activa Holdings Inc. seeking a private street naming request for the development at 57 Jacob
Detweiller Drive.
The letter requests:
Rosefinch Drive
Please advise if you have any comments by: March 13, 2023
Thanks,
Ben Brummelhuis
Student Planner I Development Services I City of Kitchener
519-741-2200 ext. 7074 1 TTY 1-866-969-9994 1 ben. brummel huis@kitchener.ca
Page 26 of 191
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Staff Report
Development Services Department www.kitchener.ca
REPORT TO: Community and Infrastructure Services Committee
DATE OF MEETING: April 24, 2023
SUBMITTED BY: Garett Stevenson, Interim Director, Planning Division, 519-741-2200
ext. 7070
PREPARED BY: Kieran Luckhai, Student Planner, 519-741-2200 ext. 7078
WARD(S) INVOLVED: Ward 5
DATE OF REPORT: March 27, 2023
REPORT NO.: DSD -2023-150
SUBJECT: Private Street Naming — 175 Tartan Avenue
RECOMMENDATION:
That the City of Kitchener acknowledge that Fusion Homes intends to name a private
street: "Lomond Lane" within a multiple residential development located at 175
Tartan Avenue, and further,
That the City's Legal Services division be directed to proceed with the required
advertising, preparation, and registration of the necessary By-law for the naming of
"Lomond Lane".
REPORT HIGHLIGHTS:
• The purpose of this report is the applicant is seeking Council approval to name a private
street within the residential development located at 175 Tartan Avenue.
• The key finding of this report is that the applicant is proposing to name the private street
as "Lomond Lane". Staff are satisfied that the proposed private street name is
appropriate and support the street naming request.
• There are no financial implications as there is no impact to the capital or operating
budget.
• Community engagement included the information posted to the City's website with the
agenda in advance of the council/committee meeting.
• This report supports the delivery of core services.
BACKGROUND:
Fusion Homes is seeking Council approval to name a private street within the residential
development located at 175 Tartan Avenue. The proposed multiple residential development
received approval of Site Plan ApplicationSP22/061/T/LT for a 108 unit stacked townhouse
development in October 2022.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 29 of 191
REPORT:
The applicant is proposing to name the private streets shown on Appendix D "Lomond
Lane". The naming of the private streets will eliminate the need for a Multiple Unit
Identification Sign at the entrance to the site, and offers improved site navigation for
emergency services, residents, and visitors.
The proposal has been circulated to internal departments and all concerns have been
addressed. The dwellings will be addressed in accordance with the City's Street Naming
and Addressing Policy. The Region has approved the proposed street name. Staff are
satisfied that the proposed private street name is appropriate and support the street naming
request.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of
the council / committee meeting.
PREVIOUS REPORTS/AUTHORITIES:
REVIEWED BY: Malone -Wright, Tina— Interim Manager of Development Review, Planning
Division
APPROVED BY: Readman, Justin — General Manager, Development Services
ATTACHMENTS:
Appendix A — Site Plan Application SP22/061/T/LT — 175 Tartan Avenue
Appendix B — Applicant Request — 175 Tartan Avenue
Appendix C — Agency Comments — 175 Tartan Avenue
Appendix D — Private Street Name Plan — 175 Tartan Avenue
Page 30 of 191
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FUSION
H O M E S
To: Lisa Thompson, Development Services Department, Planning Division, City of Kitchener
From: Josh Shilling, Fusion Homes
Date: February 22, 2023
Re: Private Street Name Request — Wallaceton Stacked Townhomes, Block 193
Dear Garett,
Fusion Homes is pleased to submit the enclosed items in support of a private street name request:
• A cheque, in the amount of $1322 to cover the Planning fee for considering a private street
name;
• A cheque, in the amount of $1650 to cover the Legal fee for administration, advertising costs
and registry costs;
• A digital copy of a draft reference plan identifying the street as Part 2, 6, and 10; and
• Confirmation from Region of Waterloo Staff that the selected street be named Lomond
Lane).
Please note that other street names (Soybean Lane, Alfalfa Lane) have been reserved for other blocks in
the Wallaceton community, to be the subject of future Site Plan Approval applications.
We are requesting the private street name to allow future homeowners to have a simpler and more
unique address, and provide improved emergency access while avoiding the need for an MUI sign.
Please consider the attached, and we request that this matter be considered at the next available
Council meeting.
Should you have any questions, or require any additional information, please feel free to contact us.
Sincerely,
Josh Shilling
Director of Project Management
Fusion Homes
February 22,2023
Page 32 of 191
From: Dave Seller
Sent: Thursday, February 23, 2023 3:46 PM
To: Kieran Luckhai
Subject: RE: Private Street Naming Request - 175 Tartan Avenue -
Comments
Transportation Services have no concerns.
Dave Seller, C.E.T.
Traffic Planning Analyst I Transportation Services I City of Kitchener
519-741-2200 ext. 7369 1 TTY 1-866-969-9994 1 dave.seller@kitchener.ca
From: Kieran Luckhai <Kieran.Luckhai@kitchener.ca>
Sent: Thursday, February 23, 2023 3:44 PM
To: crumig@regionofwaterloo.ca; Barb Fairbairn <Barb.Fairbairn @kitchener.ca>; Tom Ruggle
<Tom.Ruggle@kitchener.ca>; Dave Seller <Dave.Seller@kitchener.ca>; Beth Bruno
<Beth.Bruno@kitchener.ca>; Christine Kompter<Christine.Kompter@kitchener.ca>
Subject: Private Street Naming Request - 175 Tartan Avenue - Comments
Hi everyone,
Please see attached the formal request from Fusion Homes seeking a private street naming request for
the development at 175 Tartan Avenue. See attached supporting documents and fees.
The letter requests:
Lomond Lane
Please advise if you have any comments by: March 10, 2023
Thanks,
Kieran Luckhai
Student Planner I Planning Division I City of Kitchener
519-741-2200 ext. 7078 1 TTY 1-866-969-9994 1 kieran.luckhai@kitchener.ca
6108F0000000
Page 33 of 191
From: Josh Shilling <jshilling@fusionhomes.com>
Sent: Tuesday, February 28, 2023 11:34 AM
To: Barb Fairbairn
Cc: Kieran Luckhai
Subject: RE: Private Street Naming Request - 175 Tartan Avenue -
Comments
Hey Barb,
You are correct all units' primary entrances are accessible from the private road — this has not changed.
The bungalows have a secondary entrance as well (where I think the confusion is happening).
In terms of the secondary laneway being brought up by fire now — It's surprising because Greg was also
on the email chain with us when we were discussing potential private laneway addressing and he had no
concerns with what we outlined. I've reached back out to Tom Ruggle to clarify his concerns and will
keep you posted of the outcome.
Thanks in advance,
FUSION
H O M E S
Josh Shilling
Director, Project Management
519-826-6700, ext. 241 1226-343-1509
ishilling(EDfusionhomes.com
KINCENTRIC)
Best Employer
CANADA 2022
From: Kieran Luckhai <Kieran.Luckhai@kitchener.ca>
Sent: Tuesday, February 28, 2023 11:22 AM
To: Josh Shilling <ishilline@fusionhomes.com>
Subject: FW: Private Street Naming Request - 175 Tartan Avenue - Comments
Hi Josh,
Please see the below comments from the building division. Respond directly to Barb and cc me on the
email.
Thanks,
Kieran Luckhai
Student Planner I Planning Division I City of Kitchener
519-741-2200 ext. 7078 1 TTY 1-866-969-9994 1 kieran.luckhai@kitchener.ca
000000000
Page 34 of 191
From: Barb Fairbairn <Barb.Fairbairn @kitchener.ca>
Sent: Monday, February 27, 2023 3:49 PM
To: Tom Ruggle <Tom.Ruggle@kitchener.ca>; Kieran Luckhai <Kieran.Luckhai@kitchener.ca>
Cc: Greg Reitzel <Greg.Reitzel@kitchener.ca>; Bob Gilmore <Bob.Gilmore@kitchener.ca>
Subject: RE: Private Street Naming Request - 175 Tartan Avenue - Comments
Just a note about potential private street name addressing. Civics were (tentatively)
worked out based on 1 street name being used and following as logical a pattern as is
possible with this type of internal street, however, I can easily adjust to include 2 names if
necessary. Please keep me in the loop for any changes that might affect this. Also, I was
under the impression that all units were accessed from the private road so if that has
changed I would need to be informed.
Thanks
Ba rb
Barbara Fairbairn
Addressing Analyst I Building Div I City of Kitchener
519-741-2200 e7329 I TTY 1-866-969-9994 1 barb.fairbairn@kitchener.ca
01'sa III" � You
Page 35 of 191
From: Barb Fairbairn
Sent: Wednesday, March 29, 2023 12:32 PM
To: Tom Ruggle; 'Josh Shilling'; Kieran Luckhai
Cc: Janine Oosterveld; Greg Reitzel
Subject: RE: Private Street Naming Request - 175 Tartan Avenue -
Comments
Hello. Planning is not actively involved in setting or approving the layout of
numbering. When it comes to privately named internal roads I have always started
numbering at whatever end I thought was most likely to be considered a main entrance
don't believe the numbering of this proposed street would cause any adverse issues for
emergency response but it that's not correct then please advise and I can shift the
numbering.
Regards
Barb
From: Tom Ruggle <Tom.Ruggle@kitchener.ca>
Sent: Wednesday, March 29, 2023 11:53 AM
To: 'Josh Shilling' <ishilling@fusionhomes.com>; Barb Fairbairn <Barb.Fairbairn @kitchener.ca>; Kieran
Luckhai <Kieran.Luckhai@kitchener.ca>
Cc: Janine Oosterveld<Janine.Oosterveld@kitchener.ca>; Greg Reitzel <Greg.Reitzel @kitchener.ca>
Subject: RE: Private Street Naming Request - 175 Tartan Avenue - Comments
The only issue remaining that flags is the direction of the numbering being proposed. I think, based on
the established practise and the attached Planning policy, the numbering should be reversed. The
numbering on Tartan begins on the east and increases going west, normally we would see the
numbering of side streets follow that same flow, from the street origin increasing away from the origin
point.
I will leave it to Planning to decide if the current layout meets their policy intent, as there are other
developments nearby, that do not all appear to follow this policy. Personally, I would like to see the
policy applied consistently for ease of wayfinding in an emergency, but if it has been waived in the past,
no issue on my end.
Cheers,
Tom Ruggle
Chief Fire Prevention Officers Fire Departments City of Kitchener
519-741-2200 x5505 tom.ruggle@kitchener.ca
270 Strasburg Road, Kitchener, ON N2E 3M6
Confidentiality Notice: This e-mail correspondence (including any attachments) may contain information which is confidential;
privileged; and/or exempt from disclosure under applicable law. It is intended only for the use of the designated recipient(s)
listed above. Any unauthorized use, distribution, or disclosure is strictly prohibited. If you are not the intended recipient, or
have otherwise received this message by mistake, please notify the sender immediately by replying via e-mail, and destroy all
copies of this original correspondence (including any attachments). Thank you for your cooperation.
Page 36 of 191
From: Kieran Luckhai
Sent: Friday, February 24, 2023 11:16 AM
To: Beth Bruno; crumig@regionofwaterloo.ca; Barb Fairbairn; Tom
Ruggle; Dave Seller; Christine Kompter
Subject: RE: Private Street Naming Request - 175 Tartan Avenue -
Comments
Attachments: Cover letter Private Laneway Name Request.pdf
Hi Beth,
Thanks for catching that. Please see the attached updated cover letter identifying the street as Part 1, 6,
and 10.
Regards,
Kieran Luckhai
Student Planner I Planning Division I City of Kitchener
519-741-2200 ext. 7078 1 TTY 1-866-969-9994 1 kieran.luckhai@kitchener.ca
6091YU601000 o
From: Beth Bruno <Beth.Bruno@kitchener.ca>
Sent: Thursday, February 23, 2023 4:54 PM
To: Kieran Luckhai <Kieran.Luckhai@kitchener.ca>; crumig@regionofwaterloo.ca; Barb Fairbairn
<Barb.Fairbairn @kitchener.ca>; Tom Ruggle <Tom.Ruggle@kitchener.ca>; Dave Seller
<Dave.Seller@kitchener.ca>; Christine Kompter<Christine.Kompter@kitchener.ca>
Subject: RE: Private Street Naming Request - 175 Tartan Avenue - Comments
Hi Kieran,
The cover letter indicates the private road to be named is shown as Part 2 on the draft R -Plan but it
looks like it should maybe be Parts 2, 6 and 10 (or the least, Part 10). Can you please have them
confirm?
Kind Regards,
Beth Bruno
Legal Services Administrator I Legal Services I The Corporation of the City of Kitchener
519-741-2200, Ext. 7713 1 TTY 1-866-969-9994 1 beth.bruno(aD-kitchener.ca I www.kitchener.ca
Page 37 of 191
Confidentiality Notice: This email correspondence (including any attachments) may contain information which is confidential;
privileged; and/or exempt from disclosure under applicable law. It is intended only for the use of the designated recipient(s) listed
above. Any unauthorized use, distribution or disclosure is strictly prohibited. If you are not the intended recipient, or have otherwise
received this message by mistake, please notify the sender immediately by replying via email, and destroy all copies of this original
correspondence (including any attachments). Thank you for your cooperation.
From: Kieran Luckhai <Kieran.Luckhai@kitchener.ca>
Sent: Thursday, February 23, 2023 3:44 PM
To: crumig@regionofwaterloo.ca; Barb Fairbairn <Barb.Fairbairn @kitchener.ca>; Tom Ruggle
<Tom.Ruggle@kitchener.ca>; Dave Seller <Dave.Seller@kitchener.ca>; Beth Bruno
<Beth.Bruno@kitchener.ca>; Christine Kompter<Christine.Kompter@kitchener.ca>
Subject: Private Street Naming Request - 175 Tartan Avenue - Comments
Hi everyone,
Please see attached the formal request from Fusion Homes seeking a private street naming request for
the development at 175 Tartan Avenue. See attached supporting documents and fees.
The letter requests:
Lomond Lane
Please advise if you have any comments by: March 10, 2023
Thanks,
Kieran Luckhai
Student Planner I Planning Division I City of Kitchener
519-741-2200 ext. 7078 1 TTY 1-866-969-9994 1 kieran.luckhai@kitchener.ca
o�vOomv0
Page 38 of 191
From:
Derrick Hambly <DHambly@regionofwaterloo.ca>
Sent:
Friday, February 24, 2023 10:32 AM
To:
Kieran Luckhai
Cc:
Chris Rumig
Subject:
RE: Private Street Naming Request - 175 Tartan Avenue -
Comments
You don't often get email from dhambly@regionofwaterloo.ca. Learn why this is important
Hi Kieran,
I can confirm that Lomond Lane was already reserved for this development in August 2022, so the
applicant may go ahead with using the name.
Regards,
Derrick
Derrick Hambly, GIS Technologist
Region of Waterloo I dhambly(cDregionofwaterloo.ca
From: Kieran Luckhai <Kieran.Luckhai@kitchener.ca>
Sent: February 23, 2023 3:44 PM
To: Chris Rumig <Crumig@regionofwaterloo.ca>; Barb Fairbairn <Barb.Fairbairn@kitchener.ca>; Tom
Ruggle <Tom.Ruggle@kitchener.ca>; Dave Seller <Dave.Seller@kitchener.ca>; Beth Bruno
<Beth.Bruno@kitchener.ca>; Christine Kompter<Christine.Kompter@kitchener.ca>
Subject: Private Street Naming Request - 175 Tartan Avenue - Comments
**EXTERNAL ALERT** This email originated from outside the Region of Waterloo.
Hi everyone,
Please see attached the formal request from Fusion Homes seeking a private street naming request for
the development at 175 Tartan Avenue. See attached supporting documents and fees.
The letter requests:
Lomond Lane
Please advise if you have any comments by: March 10, 2023
Thanks,
Kieran Luckhai
Student Planner I Planning Division I City of Kitchener
519-741-2200 ext. 7078 1 TTY 1-866-969-9994 1 kieran.luckhai@kitchener.ca
oo�
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Page 39 of 191
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Staff Report
Community Services Department www.kitchener.ca
REPORT TO: Community and Infrastructure Services Committee
DATE OF MEETING: April 24, 2023
SUBMITTED BY: Gloria MacNeil, Director of Enforcement, 519-741-2200 ext. 7952
PREPARED BY: Gloria MacNeil, Director of Enforcement, 519-741-2200 ext. 7952
WARD(S) INVOLVED: 1
DATE OF REPORT: March 30, 2023
REPORT NO.: CSD -2023-167
SUBJECT: Noise Exemption — Greek Food Festival — 527 Bridgeport Road
RECOMMENDATION:
That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be
granted to the Greek Orthodox Community of Saints Peter and Paul Kitchener -Waterloo
& District for their Annual Greek Food Festival at 527 Bridgeport Road, to be held on June
10 and 11th, 2023 from 12pm — 11 pm.
REPORT HIGHLIGHTS:
The purpose of this report is to advise the Annual Greek Food Festival will be taking place on
June 10 and 11, 2023.
• A noise exemption is being sought on June 10-11, 2023 from 12pm-11 pm daily.
• A contact person will be onsite and available to work with staff.
• This report supports the delivery of core services.
BACKGROUND:
The Greek Orthodox Community of Saints Peter and Paul Kitchener -Waterloo & District are
hosting their Annual Greek Food Festival and are requesting a noise exemption.
REPORT:
The Greek Food Festival will be hosting their annual family -friendly celebration which takes place
on the church grounds. It features authentic, homemade Greek cuisine and delectable desserts.
Guests are entertained by traditional Greek dance performances and a live Greek band that will
have amplified sound. This annual festival has become a tradition in the region and clearly
depicts the spirit of the Greek culture.
Staff have made arrangements to have an onsite contact person during the event should any
concerns arise.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 41 of 191
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
N/A.
COMMUNITY ENGAGEMENT:
The event organizer is responsible for ensuring this event is communicated throughout the
community in advance of the event.
APPROVED BY:
Michael May, General Manager Community Services Department and DCAO
Page 42 of 191
Staff Report
Development Services Department www.kitchener.ca
REPORT TO: Community and Infrastructure Services Committee
DATE OF MEETING: April 24, 2023
SUBMITTED BY: Barry Cronkite, Director, 519-741-2200 ext. 7738
PREPARED BY: Faranak Hosseini, Project Manager, Transportation Safety,
519-741-2200 ext. 7665
WARD(S) INVOLVED: All Wards (1-10)
DATE OF REPORT: March 23, 2023
REPORT NO.: DSD -2023-152
SUBJECT: City of Kitchener Vision Zero Strategy — 2022 Update
RECOMMENDATION:
That this report be received, which serves as a progress update on the Vision Zero
action items completed in 2022; and further,
That staff be directed to implement the hot spot improvements as outlined in
Appendix A (Proposed Hot Spot Improvements) of report DSD -2023-152 to support
implementation of the Vision Zero Strategy.
REPORT HIGHLIGHTS:
• The purpose of this report is to provide a comprehensive update on the progress of
the City of Kitchener's Vision Zero Strategy. It includes a summary of 2022
accomplishments and a review of planned action items in 2023. This report also
includes recommendations for hot spot improvements to reduce the likelihood of
serious injury or death at high-risk areas.
• The key finding of this report is that in 2022, The City made progress towards the
goal of eliminating serious injury and fatal collisions on Kitchener streets through the
implementation of the planned 2022 action items in the five categories of Evaluation,
Engineering, Education, Engagement and Enforcement. As approved by Council and
described in staff report DSD -2021-210, the Vision Zero Strategy action items are
funded through reallocation of existing Formal Traffic Calming budget from the 2022-
2026 budget years.
• Community engagement included consultations with advisory committees and the
launch of a Vision Zero webpage, dashboard and Engage page to provide tools for
residents to offer feedback on street safety. The dashboard is an essential tool to
track and communicate progress towards the goal of zero traffic fatalities and serious
injuries.
• This report supports the delivery of core services.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 43 of 191
EXECUTIVE SUMMARY:
The City of Kitchener's Vision Zero Strategy is a four-year street safety plan that aims to
eliminate traffic -related serious injuries and fatalities. This plan focuses on evaluating the
street network and addressing the key contributing factors to serious injury and fatal
collisions by focusing on three emphasis areas including vulnerable street users, high risk
locations and high-risk driving. This report provides an update on the progress made
towards achieving the goals identified in the Vision Zero Strategy including 2022
accomplishments and planned actions for 2023.
Statistics indicate that there is a declining trend in collisions, although it should be noted that
changing travel patterns because of the COVID-19 pandemic may have had an impact on
this data. Additionally, the analysis showed that pedestrians and cyclists are
disproportionally represented in collisions that result in a serious injury or fatality, with
aggressive and inattentive driving being a significant contributing factor to these collisions.
To address these issues, initiatives are being implemented to prioritize vulnerable street
user's safety, increase traffic calming measures, and educate drivers on safe driving
practices. Progress toward these initiatives in 2022 are as follows:
• Evaluation — In partnership with the University of Waterloo, The City adopted a
proactive and systematic approach to identify high-risk locations. Through this
approach, The City identified 15 high-risk locations including intersections and mid -
blocks. The City also acquired a traffic safety module that will analyze data on an
annual basis beginning in 2023. Work completed under the evaluation category
prioritizes the highest risk locations and demonstrates a shift towards a more
proactive and data driven approach to street safety.
• Engineering - Staff conducted a comprehensive analysis on the 14 hot spot locations
that pose a higher risk for serious injury and fatal collisions and identified physical
measures that can be implemented to enhance safety at each location. The City has
also continued to implement 40km/h neighbourhoods, of which approximately 70%
of the residential neighbourhoods in Kitchener are complete, with the remaining to be
completed in 2023. In addition, The City reviewed the existing pedestrian crossover
policies and guidelines as well as the existing accessibility requirements.
• Education - The City launched a high-risk driving education campaign through a
collaborative effort between The City, WRPS, Region of Waterloo Public Health, and
City of Waterloo. The campaign targets high-risk driving behaviours that contribute to
traffic -related serious injuries and fatalities on Kitchener streets.
• Engagement - The City made progress in this category through the launch of the
Vision Zero Dashboard, a tool for tracking and communicating progress towards the
goal of zero serious injury and fatal collisions. The City also enhanced its Vision Zero
webpage and Engage page to provide up-to-date information for public engagement.
Additionally, a Vision Zero sub -committee was established to obtain provide
community perspective and feedback on street safety policies, programs, and
strategies.
• Enforcement - The Selective Traffic Enforcement Program (STEP) was re-
established through a collaborative effort with WRPS. This program identifies new
areas of concern for targeted enforcement through a more data driven approach.
Page 44 of 191
Staff will continue to focus on action items initiated in 2022 while adding new objectives in
accordance with the Vision Zero action plan approved by Council in 2021. Staff will report
back to Council in summer 2024 with a progress update on the accomplishments in 2023.
BACKGROUND:
Vision Zero is a long-term street safety strategy aimed at eliminating all traffic -related serious
injuries and fatalities. It is based on the premise that collisions are preventable, and that
safety should be prioritized above all else. Vision Zero recognizes that traffic systems are
complex and reaching zero traffic serious injuries and fatalities requires a long-term, multi-
faceted approach to address the factors that contribute to collisions. Vision Zero also
recognizes the necessity of a shift in how the City approaches street safety and the role that
everyone plays in ensuring the safety of all street users.
In December 2021, Kitchener Council approved the City of Kitchener's Vision Zero Strategy.
The City of Kitchener's current Vision Zero Strategy is a four-year plan aimed at evaluating
the street network, identifying the key contributing factors to serious injuries and fatalities,
and addressing these factors through a multi -faceted approach which includes evaluation,
engineering, education, engagement, and enforcement. While the current Vision Zero
strategy is being implemented through 2025, Vision Zero is a long-term strategy that will
take time and resources to achieve.
To identify trends and patterns in serious injury and fatal collisions on Kitchener streets, data
analysis was conducted to understand the main contributing factors and emphasis areas. It
is important to identify emphasis areas because these are the areas where the greatest
impact can be made in reducing serious injuries and fatalities. The emphasis areas identified
in Kitchener's Vision Zero Strategy are vulnerable street users, high-risk locations, and high-
risk driving behaviour. To address these areas, action items are selected based on data
analysis, community feedback and best practices. For detailed information on the City of
Kitchener's Vision Zero Strategy, please refer to staff report DSD -2021-210 and City of
Kitchener Vision Zero Strategy 2022-2025 (Kitchener. ca/VisionZero).
REPORT:
This report provides an update on the progress of the City of Kitchener's Vision Zero
Strategy. This includes an overview of the collisions on Kitchener streets over the past five
years as well as a summary of the progress made in 2022. This report also summarizes the
planned action items for 2023.
Collision Analysis Overview
An analysis of historical collision data from 2017-2021 was conducted to identify trends in
collisions resulting in injuries and fatalities. This analysis was focused on collisions that have
occurred on the streets under the jurisdiction of the City of Kitchener. Of the 2,217 lane -km
of roads and streets within the City of Kitchener boundary, 1,569 lane -km are under the
jurisdiction of the City of Kitchener, 499 lane -km are under the jurisdiction of the Region of
Waterloo, and 149 lane -km are under the jurisdiction of the Ontario Ministry of
Transportation. For this review, roads under the jurisdiction of the Region of Waterloo and
the Ministry of Transportation have not been included.
Page 45 of 191
Graph 1 illustrates the trend of collisions on Kitchener streets since 2017 which shows a
declining trend in the number of property damage only (PDO) and injury collisions. However,
it should be noted that 2020 and 2021 collision data may be impacted by changing travel
patterns during the COVID-19 pandemic influenced by lockdowns, social distancing, and
travel restrictions.
li[�iI�7
1400
(n 1200
o_
T 1000
0
U 800
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L
_a 600
E
D
z 400
200
0
PDO
Injuries
—+r—Fatalities
1501
1056 998
\8026
833
201
191
119
83
81
1
0
0
1
2
2017
2018
2019
2020
2021
1056
998
1501
826
833
201
191
119
83
81
1
0
0
1
2
PDO Injuries --*—Fatalities
Graph 1 —Trend of collisions (2017-2021)
Graph 2 illustrates the trend of the collisions that have resulted in injuries and fatalities by
street user type. Similar to the data in Graph 1, a declining trend is observed for all street
user types. However, 2020 and 2021 collision data may be impacted by changing travel
patterns during the COVID-19 pandemic.
250
N 200 ® -
C
0
0 150
U
o -
100
D
z 50
0
2017 2018 2019 2020
Motorist Motorcyclist Cyclist ■ Pedestrian
Graph 2 — Trend of injury and fatal collisions (2017-2021)
2021
Page 46 of 191
Analysis has been conducted on the collisions that have resulted in injuries or fatalities to
identify the most common factors in the occurrence of these collisions. The data shows that:
30% of the collisions that have resulted in injuries and 50% of the collisions that have
resulted in fatalities include a pedestrian or a cyclist while only accounting for 4% of
the total collisions. This reinforces the statement that pedestrians and cyclists
are at a disproportionately higher risk of being involved in collisions resulting
in serious injuries or fatalities, which continues to highlight the need to
prioritize safety measures for vulnerable street users.
In 90% of the injury and fatal collisions, the driver was driving aggressively, and in
71% of the injury and fatal collisions the driver was inattentive. Aggressive driving
behavior includes speeding, following too closely, passing improperly, failing to yield
right of way, and disobeying traffic controls. This finding shows that aggressive
and inattentive driving behaviors are a significant contributing factor in a large
majority of injury and fatal collisions. Therefore, mitigating these behaviors
should be a priority in reducing the number of injuries and fatalities on
Kitchener streets.
In 55% of the injury and fatal collisions, the surface was wet because of rainy, snowy,
or icy weather conditions. These conditions can reduce visibility, increase stopping
distance and make it more challenging for drivers to maintain control of their vehicles.
This suggests that in addition to winter road maintenance, drivers need to
exercise extra caution when driving on wet surfaces and adjust their driving
behavior according to the weather condition. Initiatives to educate drivers on
safe driving practices in weather conditions can help raise awareness about
these challenges.
In 62% of the injury and fatal collisions among pedestrians, the pedestrian was
crossing the street legally and with right of way. This suggests that street design,
infrastructure and driver behavior are not adequate to ensure pedestrian
safety, even when pedestrians are following the rules. Designing streets that
prioritize pedestrian safety, implementing traffic calming measures, and
educating drivers are some of the strategies being implemented to help
address this issue.
2022 Vision Zero Progress
The City has taken steps towards achieving the vision of zero traffic -related serious injuries
and fatalities through the implementation of its 2022 action items. These initiatives
encompass a range of measures aimed at enhancing street safety and are grouped into five
categories, which include Evaluation, Engineering, Education, Engagement and
Enforcement. A summary of these action items is provided below.
Evaluation
The evaluation category includes action items related to collecting and analyzing traffic and
collision data to assess the safety of the existing street network, identifying safety gaps and
opportunities and to track progress towards the goal of eliminating traffic related serious
injuries and fatalities. Evaluation is a major step in ensuring that resources are being utilized
in effectively and decisions are based on available data. The street safety improvements
made in the evaluation category in 2022 are as follows:
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Network Screening
Prior to adopting Vision Zero, traffic safety efforts were primarily reactive, relying on historic
collision data and complaints from the public. However, with the implementation of the Vision
Zero Strategy, The City has shifted to a more proactive approach. A systematic method has
been adopted to identify and help predict locations with high collision risk, or "hot spots,"
using multiple factors such as site characteristics, traffic volumes, speeds, and historical
collisions.
Analysis to identify high-risk locations was conducted in 2022 through a partnership with the
University of Waterloo. The purpose was to identify locations with a higher risk for collisions
resulting in serious injuries or fatalities. After the initial analysis, staff selected 15 of the top
high-risk locations for further investigation to identify potential improvements to enhance
safety. The analysis of high-risk collision locations included both intersections and mid -
blocks.
Due to the complexity of intersections, staff installed lidar devices in partnership with
Velodyne Lidar to better understand the safety issues at these locations. The lidar devices
use laser technology to measure the distance between objects, providing data on vehicle
movements. This technology enabled staff to collect conflict data, including near misses and
potential collisions, which are not typically captured in traditional collision data. By analyzing
this data in collaboration with the University of Waterloo, staff gained more insight into how
to improve safety at these high-risk locations. The list of the high-risk locations along with
the proposed improvements are summarized under the Engineering section.
City staff have also acquired a traffic safety module that will automatically analyze data on
an annual basis, starting in 2023. This will allow staff to prioritize street safety efforts based
on the most up-to-date data available. This shift towards a proactive data -driven decision-
making, represents a shift in how traffic safety is approached, and emphasizes the use of
data to identify high-risk locations and prioritize safety improvements.
Collision Investigation Program
In partnership with the WRPS and the Region of Waterloo Public Health, staff have
established a program that assesses any collision that results in serious injuries and/or
fatalities within three months of the time the collision occurs. This program is a valuable tool
in helping to identify high-risk infrastructure gaps that require immediate attention.
Engineering
The engineering category includes action items related to the design and physical
improvements of the transportation infrastructure to reduce the likelihood of serious injury
and fatal collisions. The improvements made in this category in 2022 are described below.
Hot Spot Improvements
15 locations have been identified through data driven analysis that pose a higher risk for
collisions resulting in a serious injury or fatality. Staff conducted a review of these locations
to identify potential safety improvements. Staff have identified measures that can be
implemented to improve safety at each of the hot spot locations. The recommended
measures are summarized and included in Appendix A.
Page 48 of 191
40km/h Neighbourhoods
In October 2021, Council approved the implementation of a speed limit reduction from
50km/h to 40km/h, and to 30km/h within school zones and along signed neighbourhood
bikeways. The speed limit reduction implementation started in January 2022 and to the date
approximately 70% of the City has been converted. The remaining neighbourhoods are
expected to be completed by end of 2023.
Pedestrian Crossover Review
As a part of the Vision Zero Strategy, staff have reviewed the existing pedestrian crossover
(PXO) guidelines and practices followed by the City of Kitchener. This review was conducted
to ensure City of Kitchener is in line with best practices. The main findings of this review are
summarized below.
• Staff recommend following the OTM (Ontario Traffic Manual) Book 15 warrant
requirements to determine location eligibility. Where pedestrian volume does not
meet the minimum OTM requirements, staff suggest using engineering judgment in
combination with the connectivity requirement of the OTM to identify location
eligibility. This approach considers broader pedestrian connectivity in addition to
volumes and allows for a more flexible selection process that considers specific
needs of the community.
• To increase compliance, staff recommend using flashing beacons and/or raised
crossings for all level 2-D PXOs. Compliance studies conducted by staff show that
PXO level 2-D have a higher compliance rate when flashing beacons or raised
crossings are present. Locations with flashing beacons and/or raised measures
locations achieved a 90% compliance rate. Locations without these measures
achieved a 72% compliance rate.
• To prioritize locations eligible for PXOs, staff recommend using a scoring system
based on proximity to high pedestrian areas, collision history and speed, and volume
of vehicular traffic. Up to three PXOs are recommended to be installed per year at a
cost of approximately $50,000 in total which is proposed to be funded through the
Vision Zero Hot Spot Improvement program. The following locations will be studied
for PXOs, and the results will be reported back to Council in 2023.
• Henry Sturm Trail at Belmont Ave W — Ward 9
• Henry Sturm Trail at Lawrence Ave — Ward 8
Seasonal Traffic Calming
In 2018, Transportation Services launched a Seasonal Traffic Calming program that
included installing approximately 40 flexible delineators and 5 -speed advisory signs
throughout The City. The program has been met with general acceptance from the
community and has resulted in many more requests. As a result, there has been annual
increases of the seasonal traffic calming program in 2019 and 2021.
For 2023 the Seasonal Traffic Calming program will grow by an additional 10 in -road flex
signs per ward. This will result in a total of 23 signs per ward and will include 11 single in-
road flex sign locations and four (4) seasonal narrowing locations. Planning and design for
the 2023 program has been complete and staff are working on an installation plan which will
commence in April 2023.
Page 49 of 191
Education
Educational campaigns are a critical component of a Vision Zero program. The purpose of
these campaigns is to raise awareness among street users about safe street behaviors and
the importance of following traffic rules. The improvements made in the education category
are summarized in this section.
High Risk Driving Education Campaign
Staff have launched an educational campaign focused on high-risk driving behaviors
through a collaborative effort between the City of Kitchener, City of Waterloo, WRPS and
Region of Waterloo Public Health. The purpose of this campaign is to raise awareness
among street users about the dangers of high-risk driving behaviors and to promote safe
driving habits. This campaign is a critical component of the City's Vision Zero strategy as
data shows that high-risk driving behaviors are major contributors to traffic fatalities and
serious injuries in Kitchener.
This education campaign has two phases. The first phase which commenced in January
2023 aims to educate the public Vision Zero concept and the importance of achieving zero
traffic fatalities and serious injuries in our community. This phase underscores the fact that
traffic collisions are not random occurrences, but rather preventable incidents that can be
averted with the adoption of proactive measures and education. The initial phase of the
campaign seeks to raise awareness among street users about the pressing need to reduce
the incidence of traffic collisions, particularly those that result in fatalities or serious injuries.
By emphasizing the preventable nature of these incidents, the campaign aims to foster a
sense of shared responsibility among all stakeholders to work towards achieving the Vision
Zero goal.
To reach a wide audience, a variety of multimedia strategies are used including social media
posts on platforms such as Facebook, Twitter, and Instagram as well as ads on radio,
YouTube, Spotify, and Google display. The content of the campaign includes a combination
of written messages, voice ads, posters, and videos, which have been carefully developed
to maximize their impact and effectiveness. These materials have been designed to deliver
a clear and compelling message that emphasizes the importance of adopting safe driving
habits to reduce the incidence of traffic collisions.
The second phase of the educational campaign, scheduled to commence in September, will
focus on addressing high-risk driver behavior and specific actions such as speeding and
aggressive driving. The campaign's second phase will be timed with the beginning of the
2023 school year to help reach a larger audience and further highlight the importance of
safe driving habits.
Active Transportation Education Campaign
The City has been actively promoting active transportation through various educational
programs such as campaigns, events and materials including bike maps and information on
bike parking locations to help navigate cyclists through the safest and most convenient
route. The City has also been regularly sending out a monthly e -newsletter to provide
updates on on-going cycling projects and new cycling facilities to promote cycling and
educate all street users on best practices.
Page 50 of 191
In 2023, staff will further enhance active transportation educational programs by
collaborating with The City of Waterloo to launch an educational campaign that focuses on
active transportation. The campaign aims to raise awareness and educate street users on
the proper use of pedestrian and cycling facilities and how to navigate them safely.
The primary objective of this campaign is to promote street safety, especially for pedestrians
and cyclists, and encourage the adoption of sustainable transportation modes. Staff are
currently in the planning phase of this campaign and anticipate its launch in the summer of
2023.
School Children Educational Programs
School Travel Planning of Waterloo Region manages dedicated programs that educate
students and families on pedestrian skills and traffic awareness in school zones. These
programs cover different types of environments such as crossing in roundabouts and are
delivered through various models. The service also supports third -party safety programs
such as Walking School Bus, Cycling into the Future, CAA School Safety Patrol program,
and Children's Safety Village. Through collaboration with School Travel Planning of
Waterloo Region. The enhancement plan includes the following:
• Expand the Sidewalk Smart program: This program prepares children transitioning
from primary to junior grades (Grades 3-4) to safely walk to school and other
destinations in their community. This program is currently offered to two schools in
Kitchener but is proposed to be expanded to 10 schools in a two-year period (2023
and 2024 school years). An additional $5,000 per year is required to support the
expansion, which will be funded through the Vision Zero budget.
• Introduce a pedestrian skill sheet to teach children about pedestrian skills. This will
contain valuable information about crossing the street safely, looking both ways,
identifying hazards, and making safe decisions when crossing the street or walking
on the sidewalk. The sheet can be used by teachers and parents to supplement
safety education for children, making it a valuable resource in promoting pedestrian
safety.
• Provide a Vision Zero Parents Skill Sheet to remind parents of the best practices for
keeping their children safe while commuting to school and covers topics such as safe
driving practices in school zones, parking etiquette, and pedestrian safety. The skill
sheet is expected to provide parents with a clear understanding of their role in
ensuring the safety of children in school zones.
• Reintroduce the Cycling into the Future program to improve cycling skill training.
School Travel Planning of Waterloo Region is working on restoring this program.
Further updates are expected by end of Summer 2023.
Engagement
Engagement is critical to the success of a Vision Zero program by fostering community
ownership and involvement in improving street safety. The 2022 accomplishments in this
category are summarized below.
Vision Zero Webpage and Dashboard
The recently launched Vision Zero Dashboard is an essential tool for tracking and
communicating progress towards the goal of zero traffic fatalities and zero serious injuries.
The platform provides valuable information to residents including collision statistics and
progress updates on the action items of the Vision Zero Strategy. The dashboard can be
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accessed through Kitchener. ca/VisionZero. In future phases, additional elements and
features will be added to provide progress updates on all components of the Vision Zero
Strategy.
In addition, the City of Kitchener has updated the Vision Zero webpage and the Vision Zero
Engage page at Kitchener. ca/VisionZero. The platforms provide tools to engage and inform
the public about the Vision Zero Strategy and its progress. The Vision Zero webpage is
designed to educate the public about the importance of safe transportation practices to
achieve zero fatalities and zero serious injuries. The Vision Zero Engage page provides an
opportunity for residents to provide feedback and share their ideas for making Kitchener's
streets safer for everyone.
Vision Zero Sub -Committee
A sub -committee of the Active Transportation and Trail Advisory Committee was established
to provide community perspective on street safety policies, programs, and strategies. This
sub -committee serves to advise staff on street safety issues, act as an advocate for street
safety in the city and promote public awareness of street safety initiatives and the Vision
Zero Strategy.
Enforcement
The purpose of enforcement in Vision Zero is to help ensure that all street users are following
traffic rules and to deter unsafe behaviors that could lead to collisions. In collaboration with
the WRPS staff have made improvements to help allocate enforcement resources to the
highest -risk locations. The accomplishments in this category are summarized below.
Selective Traffic Enforcement Program
Selective Traffic Enforcement Program (STEP) is an enforcement initiative that is designed
to systematically identify and target high-risk areas based on traffic data including speed,
volume, and collision history. The previous approach to the STEP program relied more
heavily on traffic complaints from the public. A more data -driven approach is being now
being used to help WRPS target enforcement where the highest risk driving behaviours are
occurring based on network screening and empirical data.
To improve collaboration and data sharing, quarterly meetings with WRPS and area
municipalities have been re-established to discuss the program's progress and identify new
areas of concern for targeted enforcement. STEP members are currently working towards
more data driven decision making for enforcement locations by leveraging traffic data and
network screening analysis.
Next Steps
Staff will continue to focus on action items initiated in 2022 while adding new objectives in
accordance with the Vision Zero action plan approved by Council. The action items are
summarized in Appendix B. Staff will report back to Council in summer 2024 with a progress
update on the accomplishments in 2023.
STRATEGIC PLAN ALIGNMENT:
This report supports delivery of core services.
Page 52 of 191
FINANCIAL IMPLICATIONS:
As approved by Council and outlined in staff report DSD -2021-210, the Vision Zero Strategy
action items will be funded through reallocation of existing budget from the 2022-2026
Formal Traffic Calming Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of
the council / committee meeting.
CONSULT — In 2020, 2021 and 2022 staff met with advisory committees including Mayor's
Advisory Council for Kitchener Seniors, Kitchener Active Transportation and Trails Advisory
Committee, Kitchener Youth Action Council, Grand River Accessibility Advisory Committee,
Safe and Healthy Communities Advisory Committee and Vision Zero Sub -committee. The
intent of these meetings was to raise awareness about Vision Zero and to receive feedback
on the development of the strategy and community priorities for safety.
In 2022, staff launched the Vision Zero Dashboard to track and communicate progress
towards the goal of zero traffic fatalities and major injuries. The dashboard can be accessed
through Kitchener.ca/VisionZero. Additional features will be added to the dashboard in
future phases. The City also updated its Vision Zero webpage and Engage page, to engage
and inform the public about the Vision Zero Strategy.
PREVIOUS REPORTS/AUTHORITIES:
• DSD -2021-210 Vision Zero Strategy
• DSD -20-035 Vision Zero Review
APPROVED BY: Justin Readman, General Manager
Development Services Department
ATTACHMENTS:
Attachment A — Proposed Hot Spot Improvements
Attachment B — 2023 Action Items
Page 53 of 191
APPENDIX A — Proposed Hot Spot Improvements
#
Location
Proposed Measures
Expected Outcome
Next Steps
Est Cost
1
Activa Ave between
- Install two speed cushions at the-
Reduction in operating speed on2023
$15,000
David Bergey Dr and
following locations: Activa Ave
Activa Ave within the school
installation
Blush Clover Cres
between Copper Leaf St and
zones
(Ward 5)
Cotton Grass St, Activa Ave
between Berry Moss St, and Max
Becker Dr
2
Old Zeller Dr
- Install three speed humps at the
- Reduction in operating speeds
2023
$15,000
between Fairway Rd
following locations: Old Zeller Dr
on Old Zeller Dr
installation
N and Zeller Dr
between Fairway Rd N and
(Ward 2)
Grand Flats Trail, Old Zeller Dr
between Watervale Dr and Eden
Oak Trail, and Old Zeller Dr
between Eden Oak Trail and
alebrook St
3
Robert Ferrie Dr
- Install two speed cushions at the-
Reduction in operating speeds
2023
$15,000
between Thomas
following locations: Robert Ferrie
on Robert Ferrie Dr
installation
Slee Dr and Doon S
Dr between Mossgrove Dr and
Dr
Marigold Ct, and Robert Ferrie Dr
(Ward 4)
between Topper Wood Cres and
Doon South Dr
4
Thomas Slee Dr
- Install three speed humps at the
- Reduction in operating speeds
2023
$15,000
between Robert
following locations:
on Thomas Slee Dr
installation
Ferrie Dr and Doon
Thomas Slee Dr between
South Dr (Ward 4)
Terrington Cres and Terrington
Cres, and Thomas Slee Dr
between George Ayres Dr and
Doon South Dr
5
Shirley Ave between
- Install a pedestrian refuge island-
Improvement in visibility of
2023
$15,000
Bingemans Centre
in the two -way -left -turn lane at 68
pedestrians and the crossing
installation
Dr and Riverbend
Shirley Ave at the GRT bus stop
location to drivers
Dr
location (location selected based
- Shorter crossing distance for
(Ward 1)
on consultation with GRT)
pedestrians by breaking up the
crossing into two smaller
segments
6
Bingemans Centre
- Install a pedestrian refuge island-
Improvement in visibility of
2023
$15,000
Dr between Shirley
in the two -way -left -turn lane at
pedestrians and the crossing
installation
Ave and Shirley Dr
400 Bingemans Dr at the GRT
location to drivers
(Ward 1)
bus stop location (location
- Shorter crossing distance for
selected based on consultation
pedestrians by breaking up the
with GRT)
crossing into two smaller
segments
7
Wabanaki Dr
- Install a pedestrian refuge island-
Improve visibility of pedestrians
2023
$15,000
between Kevco PI
on Wabanaki at the trail crossing
and the crossing location to
installation
(refuge
and Manitou Dr
(approx. 220m from the
drivers
island)
(Ward 3)
intersection of Manitou Dr and
- Shorten the crossing distance
Wabanaki Dr)
for pedestrians and provide a
- Install a boulevard multi -use trail
refuge island for trail users
from Wilson Ave to Manitou Dr
- Provide a dedicated facility for
(this work will be funded through
pedestrians and cyclists
sidewalk infill capital budget)
Page 54 of 191
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separated from arterial roadway
traffic
8
Driftwood Dr at
- Install two raised crosswalks at
- Reduction in operating speeds
2023
$30,000
Forest Heights
the following locations: Driftwood
on Driftwood
installation
Community Trail
Dr and Forest Heights
- Improve safety for trail users
(Ward 7)
Community Trail (north of Royal
crossing Driftwood Dr
Orchard Dr), and Driftwood Dr
and Forest Heights Community
Trail (south of Rolling Meadows
Dr
9
Royal Orchard Dr at
- Install one raised crosswalk at
- Reduction in operating speeds
2023
$15,000
Forest Heights
this location
on Royal Orchard Dr
installation
Community Trail
- Improve safety for trail users
Ward 7
crossing Royal Orchard Dr
10
Lawrence Ave at
- Install a raised flush crosswalk
- Improve visibility of pedestrians
2023
$15,000
Henry Sturm Trail
at this location
and the crossing location to
installation
(Ward 8)
(This location has also been
drivers
selected for a PXO study, as
- Improve safety for trail users
highlighted in the pedestrian
crossing Lawrence Ave
crossover review section of this
report)
11
West Ave at Henry
- Install flashing beacons to
- Improve visibility of pedestrians
2023
$20,000
Sturm Trail PXO
enhance the existing Type D
and the crossing location to
installation
(Ward 8)
PXO
drivers
- Improve safety for trail users
crossing West Ave by raising
driver awareness a PXO is
resent.
12
Intersection of
- Move the school crosswalk to
- Reduction in conflicts between
2023
$30,000
Spadina Rd E and
Queen's Blvd north of Spadina
left turning vehicles from Spadina
installation
Queens Boulevard
Rd E and add a ladder crosswalk
Rd E into Queen's Blvd and
(Ward 9)
to the crossing
pedestrians crossing Queen's
- Add pedestrian crosswalk
Blvd on the south side of Spadina
pavement markings on Spadina
Rd E
Rd W
- Reduction in speed of vehicles
- Extend the curbs on both sides
turning at the new school
o tighten the corner radius for the
crosswalk location
new school crosswalk location
13
Intersection of
- Install a traffic signal at this
- Reduction in conflicts at this
2023/24
$20,000
Wabanaki Dr and
intersection (The new layout of
intersection by providing
installation
(not
Wilson Ave
the intersection will be
designated time and clear
including
(Ward 3)
determined through collaboration
guidance on when each user can
signal
with the Region of Waterloo)
move through the intersection
cost)
14
Intersection of
- Reconfigure and simplify the all-
II -way -stop option
2023/24
$20,000
Strasburg Rd and
ay -stop control intersection by
- Reduction in conflicts at this
installation
(not
Old Country Dr
removing the left turning lanes
intersection by simplifying the
including
(Ward 6)
OR
intersection configuration
signal
- Install a signal at this
- Decrease in crossing distance
cost)
intersection (the new layout of the
for pedestrians on Strasburg Rd
intersection will be determined
Signal option:
through collaboration with the
- Reduction in conflicts at this
Region of Waterloo)
intersection by providing
designated time and clear
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guidance on when each group
can move through the
intersection
15
Intersection of
- Convert to a three-lane cross
- Reduction in conflicts between
2024
TBD
Charles St E and
section between Ottawa and
vehicles travelling on Charles and
installation
Sydney St S
Preston
vehicles crossing or turning onto
(Ward 9)
- Install crossing facility for
Charles from Sydney St.
pedestrians crossing Charles
- Decrease in conflicts between
Street
vehicles and pedestrians crossing
- Public engagement to be held in
Charles St at Sydney St
2023 regarding the proposed
cross section changes and report
back to Council in 2024 Vision
ero update
Page 56 of 191
APPENDIX B — 2023 Action Items
Category
Action Item Title
Status
Launch
Key Stakeholders
Year
Evaluation
Collision Network Screening and
Ongoing
2022-2025
COK Transportation
Hot Spot Identification
since 2022
UW Transportation Group
Evaluation
Severe Injury and Fatal Collision
Ongoing
2022-2025
COK Transportation
Investigation Program
since 2022
WRPS
ROW Public Health Services
Engineering
Neighbourhood Speed Limit
Ongoing
2022-2024
COK Transportation
Review
since 2022
Engineering
Hot Spot Improvements
Ongoing
2022-2025
COK Transportation
since 2022
Engineering
Formal Traffic Calming Policy
New
2023
COK Transportation
Update
Engineering
Seasonal Traffic Calming Policy
New
2023
COK Transportation
Update
Engineering
Fleet Safety Improvements
New
2022
COK Fleet
Education
High Risk Driving Educational
Ongoing
2022-2025
COK Communications
Campaign
since 2022
COK Transportation
ROW Public Health
City of Waterloo
Education
Active Transportation Educational
Ongoing
2022-2025
COK Communications, COK
Campaigns and Events
since 2022
Transportation
City of Waterloo
Education
Active School Travel Educational
Ongoing
2022-2025
COK Communications, COK
Programs
since 2022
Transportation,
ROW School Travel Planning
Education
Educational Programs for Fleet
New
2023-2025
COK Fleet,
Drivers
COK Communications
Engagement
Vision Zero Sub -Committee
Ongoing
2022-2025
COK Transportation
since 2022
Engagement
Public Awareness and
Ongoing
2022-2025
COK Communications,
Engagement
since 2022
COK Transportation
Engagement
Vision Zero Day
New
2023-2025
COK Communications,
COK Transportation
Engagement
Community Partnerships
New
2023-2025
COK Transportation
ROW School Travel Planning
Engagement
Advocacy and Engagement with
New
2023-2025
COK Transportation, Mayor's
Provincial and Federal Agencies
Office, Council
Enforcement
Targeted Enforcement (STEP
Ongoing
2022-2025
WRPS, COK Transportation
Program)
since 2022
Enforcement
WRPS Traffic Management Plan
New
2022-2025
WRPS, COK Transportation
Enforcement
Automated Speed Enforcement
New
2023
ROW Transportation, COK
(explore the expansion of the
Transportation
program)
Page 57 of 191
J
Staff Report
I T iE F_R Finance and Corporate Services Department www kitchener ca
REPORT TO: Community and Infrastructure Services Committee
DATE OF MEETING: April 24, 2023
SUBMITTED BY: Gloria MacNeil, Director of Enforcement 519-741-2200 ext. 7952
PREPARED BY: Tom Ruggle, Chief Fire Prevention Officer 519-741-2200 ext. 5505
Gloria MacNeil, Director of Enforcement 519-741-2200 ext. 7952
Helen Fylactou, Manager of Licensing 519-741-2200 ext. 7854
WARD(S) INVOLVED:
DATE OF REPORT:
REPORT NO.:
SUBJECT:
RECOMMENDATION:
All
March 30, 2023
CSD -2023-166
Fireworks - By-law Update
That the number of permitted days for firework displays be reduced to only the day of
celebration including Victoria Day, Canada Day and Diwali and must cease by 11pm.
That Chapter 544 and Chapter 739 of the municipal code be repealed and replaced with
the revised Chapter 739 which incorporate a series of administrative changes outlined in
CSD -2023-166.
REPORT HIGHLIGHTS:
• The purpose of this report is to recommend that fireworks are only permitted to be set off on
the day of celebration;
• Requiring firework displays to cease no later than 11 pm;
• To advise Council, the administration of Fireworks sales has been transferred from
Licensing to Fire, which will result in efficiencies;
• Community engagement has been conducted with the affected vendors.
BACKGROUND:
On August 22, 2022 Council passed a resolution directing staff to undertake a review of Chapter
739 of the City of Kitchener Municipal Code, to determine whether to amend the by-law to restrict
the use of fireworks to only the day of Celebration rather than the day before and the day after
the noted holiday.
The City's current Fireworks By-law allows fireworks to be displayed on Victoria Day, Canada
Day and Diwali and the days immediately preceding or succeeding each of these three
celebration days. The by-law is currently silent on the time of day which fireworks can be
displayed.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 58 of 191
In addition to the review requested by Council, staff felt this would be an appropriate time to
review Chapter 544 Fireworks and Vendors, merge the two by-laws into one and advise Council
of the transfer of duties to Fire Prevention staff from Licensing.
REPORT:
Staff have seen an increase in the number of complaints related to fireworks over the last several
years. The increase in complaints began through the pandemic as more people were home and
while public fireworks displays were cancelled to conform with provincial regulations. Most
complaints received are related to disturbances late in the evening and the noise related to those
disturbances. Staff also receive concerns regarding the number of days we allow fireworks, and
fireworks being set off without permission in public spaces such as parks, schools, parking lots,
etc.
Staff have provided a chart below to show the increased number of calls over the past five years.
The total numbers provided in the chart may not be completely reflective of the total complaints
as staff and Council will often receive complaints through email or by phone after the fact which
would not be captured in these totals.
Number of complaints related to Fireworks:
2018
12019
12020
12021
12022
58
165
1148
1203
1170
Complaints involving fireworks are difficult to enforce. While there is an expectation that
enforcement staff should address these quickly, people will often disperse once the fireworks
are launched, or complaints are described as being in the vicinity within a neighbourhood,
without a specific address being provided. In addition, firework displays typically do not last
longer than a few minutes, therefore when staff are dispatched and respond to a complaint the
display is often over and staff is unable to locate where the concern was occurring.
As part of our review, staff engaged with our neighbouring municipalities and completed a local
municipal scan of what they permit:
Municipality
Permitted Timing
Waterloo
1 day before and 1 day after Canada Day
and Victoria Day. During the recognized
duration of the holidays Lunar New Year
and Diwali. Permitted until 11 pm on
permitted days.
Cambridge
Victoria Day, Canada Day and Diwali. In the
event of inclement weather, any day within
two days after.
Woolwich
Not permitted without a permit
Wellesley
Victoria Day, Civic Holiday and Labour Day
any of the three days during those
weekends. Canada Day — day before and
day after.
Page 59 of 191
Wilmot
Victoria Day, Canada Day, Diwali, Lunar
New Year and the day immediately before
and after each of the days observed.
North Dumfries
Permitted the day before and after Victoria
Day and Canada Day. Permitted until
10:15pm on permitted days.
The chart demonstrates a variety of different approaches and times for the allowance of
fireworks, with the exception of Woolwich which does permit fireworks however residents are
required to obtain a permit prior. The recommended changes being proposed will be more
restrictive than most of our neighbouring municipalities, for that reason, it is important to note
Kitchener residents may still hear fireworks particularly in subdivisions situated close to
bordering city's.
Staff are recommending a reduction to the number of permitted days in which fireworks can be
set off and allowing them only on the day of Victoria Day, Canada Day and Diwali. Staff are also
recommending the addition of a time to the by-law and only permitting fireworks until 11 pm on
the approved days. Limiting the number of days when fireworks can be used provides a balance
to the community which allows for safe family enjoyment while adding some restrictions to
address the nuisance concerns.
In addition to this review, staff looked at administrative efficiencies that would streamline
processes and inspections by combining both Chapter 739 and Chapter 544 (Vendors Selling
Fireworks) into one Chapter.
The licensing of fireworks vendors has historically been administered by Licensing Services
which required a secondary licence for the sale of fireworks. However, the inspections have
always been done by a Fire Prevention Officer. As all vendors are already required to possess
a business licence to operate, this secondary licence was determined to be better administered
as a fire safety permit under Fire. This change has a neutral -to -slight increase effect in Fire and
would eliminate duplication and confusion for the customer.
Administrative changes to this by-law permit the Fire Chief to implement a ban on fireworks use
for fire safety or environmental reasons. This will allow the Fire Chief to address problematic
issues seen recently in other municipalities, related to fireworks use.
Staff do not recommend banning the sales of Fireworks, as they are broadly available for sale
throughout the year in neighbouring communities. Both Waterloo and Cambridge permit sales
the week preceding. Fireworks are available for purchase and delivery year-round. Fireworks
are too readily available, and staff do not have enough staff resources to meaningfully enforce
an outright ban.
Changes to the permitting of fireworks and pyrotechnic display permits remains largely
unchanged from an applicant's perspective, however the requirements are much more clearly
stated than in previous by-laws.
The by-law exempts the following classes of fireworks as defined in the Explosives Act:
• Hobbyist's model rocket motors when used in conformance with the by-law,
Page 60 of 191
• Christmas crackers, and
• Sparklers containing less than 2mg of explosive material.
This means these items may be offered for sale by any retailer throughout the year.
STRATEGIC PLAN ALIGNMENT:
This report supports Great Customer Service.
FINANCIAL IMPLICATIONS:
The implications are neutral. No change to fees are envisioned. The fees will be moved from
Licensing to Fire in the User Fee Schedule. Vendors licensed as of Victoria Day 2023 will not
see any additional fees upon the transfer of administration from Licensing to Fire.
COMMUNITY ENGAGEMENT:
All vendors have had the changes discussed with them and direct administration of fireworks
sales is currently being done by Fire.
INFORM — This report has been posted to the City's website with the agenda in advance of the
council / committee meeting.
PREVIOUS REPORTS/AUTHORITIES:
• Chapter 739 was brought to Council in September 2016, with minor updates allowing
the sale of fireworks during Diwali.
• Chapter 544 was first brought to Council in February 2010.
APPROVED BY: MICHAEL MAY, DCAO
Page 61 of 191
Staff Report
Development Services Department www.kitchener.ca
REPORT TO: Community and Infrastructure Services Committee
DATE OF MEETING: April 24, 2023
SUBMITTED BY: Garett Stevenson, Interim Director, Planning, 519-741-2200 ext.
7070
Jeffery Silcox -Childs, Director, Parks & Cemeteries, 519-741-2600
ext. 4518
PREPARED BY: Gaurang Khandelwal, Planner (Policy), 519-741-2200 ext. 7611
Adam Buitendyk, Forestry Project Manager, 519-741-2600 ext. 4218
Carrie Musselman, Sr Env. Planner, 519-741-2200 ext. 7068
WARD(S) INVOLVED: All
DATE OF REPORT: April 14, 2023
REPORT NO.: DSD -2023-161
SUBJECT: Tree Conservation Processes Review
RECOMMENDATION:
That staff be directed to initiate a second phase of the Tree Conservation Processes
Review that includes further evaluation of specific enhancement opportunities to
existing tools and processes.
REPORT HIGHLIGHTS:
• The purpose of this report is to outline findings from a review of tree conservation
processes existing in Kitchener; findings from a scan of processes from other select
municipalities; and, outline specific enhancement opportunities to existing tools and
processes to be explored as part of a second phase of the project.
• The key findings of this report are:
o Kitchener currently utilizes all tools available and has mechanisms and processes
in place to support tree conservation.
0 72% of Kitchener's existing tree canopy is collectively protected or regulated
through different tools.
0 28% of Kitchener's Tree Canopy is not protected or regulated.
o A scan of other municipalities' practices reveals that Kitchener is using similar tools
- perhaps to even greater effect than elsewhere, but there are differences in how
Kitchener applies these tools, such as: no proactive permitting process to protect
public trees or orders to cease or correct a public tree bylaw contravention; private
tree by-law considers the size of property and the size of the tree; tree
replacement/compensation is based on tree value; and, staff resourcing.
o There is opportunity for improvement of Kitchener's existing tree conservation
processes, and a second phase of the project that explores updates to Kitchener's
existing tree conservation processes.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 62 of 191
• Community engagement included two presentations to the Climate Change and
Environment Committee and posting of the report on City's website with the agenda in
advance of the Community and Infrastructure Services Committee in April.
• There are no financial implications arising from this report. Financial implications of
potential updates to Kitchener's tree conservation and management processes will be
explored as part of Phase 2.
• This report supports Environmental Leadership.
BACKGROUND:
On January 10, 2022 staff presented report INS -2022-002 Tree Canopy Target for Kitchener
to Council recommending approval of a tree canopy target of 30 percent for each ward by
2050 and an overall City-wide tree canopy target of 33 percent by 2070.
Council approved staff's recommendation and further directed staff to initiate a review of
existing tree conservation processes in the City with an intention to extend and strengthen
tree conservation measures, including:
• a review of the existing bylaws and processes, including the Kitchener Tree Bylaw and
the Kitchener Tree Conservation Bylaw;
• a review of requirements for tree planting contained within the Development Manual;
• a review of the Tree Management Policy and any relevant policies as required; and,
• a jurisdictional scan of other municipal tree conservation processes, policies and
bylaws.
Staff has undertaken a review of the tree conservation processes in Kitchener and other
select municipalities. On February 16, 2023 and March 23, 2023 staff presented information
from the tree conservation processes review to Kitchener's Climate Change and
Environment Committee (CCEC) with an opportunity for CCEC to review the findings and
provide feedback to staff. On March 23, 2023 CCEC passed the following resolution:
"That the Climate Change and Environment Committee support staff taking a report
to the April 24th Committee of Council outlining existing tree conservation processes
that conserve, manage and/or regulate public and private trees in Kitchener as well
as in other relevant municipalities, and,
That the Climate Change and Environment Committee support initiating a second
phase of the Tree Conservation Processes Review that includes consideration of
specific enhancement opportunities to existing tools and processes."
This report presents key findings from the Tree Conservation Processes Review Discussion
Paper (Attachment A) and specific enhancement opportunities to Kitchener's current tree
conservation tools and processes that can be further evaluated through initiating a second
phase of the project.
Page 63 of 191
REPORT:
Tree Conservation Processes Review Discussion Paper:
The Tree Conservation Processes Review Discussion Paper (Attachment A) outlines the
current approach to tree conservation and management in Kitchener, and the findings from
a scan of processes and tools from select municipalities.
Key highlights of the Discussion Paper are:
Kitchener's tree canopy
• Kitchener's existing tree canopy is approximately 3,615 hectares or 27.12% of its
land base.
72% of Kitchener's existing tree canopy is collectively protected or regulated through
one or more of the following:
o the Natural Heritage Conservation land use designation in the Official Plan,
o the Natural Conservation (NHC-1) zone in Zoning By-law 2019-051,
o the Region of Waterloo's Woodland Conservation By-law (woodlands 1
hectare in size or greater),
o the Kitchener Tree By-law (trees on City property),
o the Kitchener Tree Conservation By-law (trees on private properties 1 acre in
size or greater).
28% of Kitchener's Tree Canopy is not protected or regulated.
Current approach to tree conservation in Kitchener
• Kitchener uses all tools available for tree conservation such as the Kitchener Tree
Bylaw (public trees), the Kitchener Tree Conservation Bylaw (private trees), Tree
Management Policy (development applications), and the Development Manual
(requirements for tree planting).
These tools have worked well for Kitchener in the past, regulating trees and providing
opportunities for tree conservation through development review processes.
Learning's from other jurisdictions when compared to Kitchener
• A scan of other municipalities' practices suggest that Kitchener is using similar tools
and approaches - perhaps to even greater effect than elsewhere.
• Public Property
o Kitchener's Tree By-law (public trees) does not have a permitting process in
place to proactively notify staff when work near a tree could potentially impact
a tree (roots, branches and/or trunk), while some municipalities do.
o Kitchener's Tree By-law (public trees) does not allow for conditions to be
applied when work is occurring near a tree, or the collection of securities to
ensure tree protection and monitoring measures are implemented
o Kitchener's Tree By-law (public trees) does not enable making orders to cease
or correct contravention of any provision of the by-law.
• Private Property
o The application of private tree by-laws differs from municipality to municipality
and is largely based on the municipality's objectives and resources available.
o Most municipalities apply their private tree by-laws based on only size of the
tree, irrespective of size of the property. Kitchener uses a combination of size
Page 64 of 191
of tree (tree equal to or greater than 10 cm diameter at breast height) and size
of the property (property equal to or larger than 1 acre).
o Different ways that private tree by-laws apply does not necessarily mean that
all trees are protected/regulated.
o Tree replacement/compensation in Kitchener is based on the value of the tree
to be removed. Some municipalities have specified tree replacement ratios
based on the size of the tree, while others have used different approaches for
determining a tree's monetary value and replacement costs and the overall
compensation value.
o Kitchener does not outline a process to appeal tree permit applications, while
some municipalities do.
Additional learnings
• The extent and success of tree regulation on public and private properties is closely
linked to staff resources available to implement these regulations.
• Education of stakeholders and clear communication around tree conservation and
management processes is key for successful tree conservation.
• There are advantages of forestry staff, being able to directly enforce by-laws,
including the ability to issue orders and penalties as they are the subject area experts
regarding tree physiology and tree growth.
• Conviction of a bylaw offence through the court system is a long and difficult process
and costs to pursue a conviction may be higher than the fine amount received even
if there is a successful conviction.
• There are benefits of having tree care professionals working on trees to be licensed
with the municipality, such as:
o Ensuring tree care professionals are aware of applicable by-laws and their
obligations to adhere to them,
o Improving communication between industry professionals and city staff, and
o Protecting private property owners from retaining unqualified companies.
• Adopting an iterative process which monitors tree canopy changes in relation to tree
permits and development applications (i.e., removals) aids in making more informed
updates to processes.
• Having a notification procedure for planned tree removals not subject to a bylaw that
documents where, why, and what size and type of tree(s) is being removed can allow
for targeted bylaw or process updates to better conserve existing tree canopy.
• Establishing set bylaw review intervals allows for new best practices to be adopted
and incremental changes to bylaws and processes to be adapted to changing needs
for tree conservation
• Incentive programs providing financial support or tax credits to property owners for
maintaining and retaining trees on private properties can help conserve existing tree
canopy.
• There are concerns around a lack of process and repercussion against property
owners who remove trees before submitting a formal development application.
Direction for Phase 2:
The review of tree conservation processes in Kitchener and other municipalities (Phase 1)
has highlighted the opportunity to improve and update Kitchener's tree conservation tools
Page 65 of 191
and the underlying mechanisms and processes (potential directions for Phase 2 of this
project).
Based on learnings from other municipalities, staff has identified the following specific
enhancement opportunities to the current tools and processes that can be further evaluated
in phase 2:
• Targeted refresher and education of the various tree conservation tools
• Updating tree protection standards to align with current best practices
• Enabling orders to be issued to cease or correct a public tree by-law contravention
• Updating fines, costs recoverable for tree damage and costs recoverable for tree
removal
• Setting administrative penalties for injury or removal of city trees
• Setting fines for those who do not adhere to the By-law (rather than the more onerous
process of charges/court)
• Developing and implementing a permitting system to protect city trees and soil habitat
zones during construction/development including but not limited to:
o Fees collected for permit application review
o Provision for arborist reports and monitoring when work occurs within a Tree
Protection Zone (TPZ)
o Collection of securities for public trees to be retained based on appraised
value, where work occurs within a TPZ
o Protection of soil habitat zones for future tree canopy, where no trees existing
currently
o Compensation requirements for loss of soil habitat zones for future tree
canopy
• Repercussions for pre-emptively removing tree canopy before submitting a formal
development application
• Licensing of tree care professionals working within the municipality
• Introducing incentive programs to support maintenance and retention of trees on
private property
• Creating a notification procedure for planned tree removals from private properties
that are currently not subject to the Tree Conservation Bylaw
• Establishing set canopy targets that must be achieved within all new development
properties
• More formalized tree replacement/compensation process in place for both the Tree
Management Policy (Planning Act applications) and the Tree Conservation Bylaw
• Clarity on when the Tree Management Policy applies (or does not) regarding
Committee of Adjustment applications
• Establishing rules/standards through updates to the Tree Conservation By-law for as -
of -right intensification development
• Consideration of the application or `trigger' for the Tree Conservation By-law to target
the 28% of the City's tree canopy that is currently unprotected or unregulated from
tree removals
Staff continues to support a measured approach to balance staff and budget resources with
adequate level of tree protection. Phase 2 of the Tree Conservation Processes Review will
evaluate the specific enhancement opportunities through assessing staff resources needed
Page 66 of 191
to achieve the necessary level of improvement, budget implications, the anticipated
improvement in level of tree protection, turnaround time for implementation and other
possible advantages/disadvantages.
STRATEGIC PLAN ALIGNMENT:
This report supports Environmental Leadership.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget. Potential
updates to Kitchener's tree conservation and management processes may impact operating
budget and will be explored as part of Phase 2.
COMMUNITY ENGAGEMENT:
INFORM — This report will be posted to the City's website with the agenda in advance of the
CISC meeting.
CONSULT — The findings of the review of tree conservation processes were presented to
the Climate Change and Environment Committee and feedback was received on potential
direction for phase 2 of the project.
PREVIOUS REPORTS/AUTHORITIES:
• INS -2022-002 Tree Canopy Target for Kitchener
REVIEWED BY: Natalie Goss, Manager, Policy and Research
Joshua Shea, Manager, Forestry & Natural Areas Management
APPROVED BY: Justin Readman, General Manager, Development Services
Denise McGoldrick, General Manager, Infrastructure Services
ATTACHMENTS: Attachment A — Tree Conservation Processes Review — Discussion
Paper
Page 67 of 191
Tree Conservation Processes Review
Discussion Paper
March, 2023
Page 68 of 191
EXECUTIVE SUMMARY
In 2015, Kitchener had an urban forest canopy of around 26% or 3,474 hectares of canopy
cover. This was remeasured in 2019 and the urban forest canopy increased to 27% or
around 3,615 hectares of canopy, one of the highest percentages of tree cover among
urban Ontario municipalities.
On January 10, 2022 staff presented report INS -2022-002 Tree Canopy Target for
Kitchener to Council recommending approval of a tree canopy target of 30 percent for
each ward by 2050 and an overall City-wide tree canopy target of 33 percent by 2070
Council considered the matter, approving staff's recommendation and further directing
staff to initiate a review of existing tree conservation processes in the City with an intention
to extend and strengthen tree conservation measures, including: a review of the existing
bylaws and processes, including the Kitchener Tree By-law and the Kitchener Tree
Conservation By-law; a review of requirements for tree planting contained within the
Development Manual; a review of the Tree Management Polio and any relevant policies
as required; and, a jurisdictional scan of other municipal tree conservation processes,
policies and bylaws.
This Discussion Paper outlines the current approach to tree conservation and
management in Kitchener, and in other select municipalities. Key findings from the review
are:
• Kitchener currently utilizes all tools available and has mechanisms and processes
in place to support tree conservation.
• 72% of Kitchener's existing tree canopy is collectively protected or regulated
through different tools.
• 28% of Kitchener's Tree Canopy is not protected or regulated.
• A scan of other municipalities' practices reveals that Kitchener is using similar tools
- perhaps to even greater effect than elsewhere, but there are differences in how
Kitchener applies these tools, such as:
Page 69 of 191
o Kitchener's Tree By-law (public trees) does not have a permitting process
in place to proactively notify staff when work near a tree could potentially
impact a tree (roots, branches and/or trunk), while some municipalities do.
o Kitchener's Tree By-law (public trees) does not allow for conditions to be
applied when work is occurring near a tree, or the collection of securities to
ensure tree protection and monitoring measures are implemented
o Kitchener's Tree By-law (public trees) does not enable making orders to
cease or correct a contravention of any provision of the by-law.
o The application of private tree by-laws differs from municipality to
municipality and is largely based on the municipality's objectives and
resources available. Most municipalities apply their private tree by-laws
based on only size of the tree, irrespective of size of the property. Kitchener
uses a combination of size of tree (tree equal to or greater than 10 cm
diameter at breast height) and size of the property (property equal to or
larger than 1 acre). Different ways that private tree by-laws apply does not
necessarily mean that all trees are protected/regulated.
o Tree replacement/compensation in Kitchener is based on value of the tree
to be removed. Some municipalities have specified tree replacement ratios
based on the size of the tree, while others have used different approaches
for determining tree monetary value and replacement costs and the overall
compensation value.
o Kitchener does not lay out an appeal process for tree permit applications,
while some municipalities do.
• There are additional learnings from other municipalities.
o The extent and success of tree regulation on public and private properties
is closely linked to staff resources available to implement these regulations.
o Education of stakeholders and clear communication around tree
conservation and management processes is key for successful tree
conservation.
Page 70 of 191
o There are advantages of forestry staff, being able to directly enforce by-
laws, including the ability to issue orders and penalties as they are the
subject area experts regarding tree physiology and tree growth.
o Conviction of a bylaw offence through the court system is along and difficult
process and costs to pursue a conviction may be higher than the fine
amount received even if there is a successful conviction.
o There are benefits of having tree care professionals working on trees to be
licensed with the municipality, such as:
■ Ensuring tree care professionals are aware of applicable by-laws and
their obligations to adhere to them,
■ Improving communication between industry professionals and city
staff,
■ Protecting private property owners from retaining unqualified
companies.
o Adopting an iterative process which monitors tree canopy changes in
relation to tree permits and development applications (i.e., removals) aids
in making more informed updates to processes.
o Having a notification procedure for planned tree removals not subject to a
bylaw that documents where, why, and what size and type of tree(s) is being
removed can allow for targeted bylaw or process updates to better conserve
existing tree canopy.
o Establishing set bylaw review intervals allows for new best practices to be
adopted and incremental changes to bylaws and processes to be adapted
to changing needs for tree conservation
o Incentive programs providing financial support or tax credits to property
owners for maintaining and retaining trees on private properties can help
conserve existing tree canopy.
o There are concerns around a lack of process and repercussion against
property owners who remove trees before submitting a formal development
application.
Page 71 of 191
The review of tree conservation processes in Kitchener and other municipalities has
highlighted the opportunity to improve Kitchener's tree conservation processes. A second
phase of the project to further explore opportunities to enhance Kitchener's tree
conservation tools, is recommended to strengthen and extend existing measures.
Updates to existing tree conservation processes are recommended to be based on a
measured approach to balance staff resources and adequate level of tree protection.
10
Page 72 of 191
TABLE OF CONTENTS
ExecutiveSummary......................................................................................................... i
1 Introduction and Background.................................................................................... 1
2 Existing Direction and Approach to Tree Conservation and Management ................ 4
2.1 Provincial Direction............................................................................................4
2.2 Regional Direction..............................................................................................8
2.3 Current Approach at City of Kitchener.............................................................. 10
3 Tree Conservation and Management Jurisdictional Scan ....................................... 18
3.1 Shortlisting Municipalities................................................................................. 18
3.2 Research and Analysis.................................................................................... 19
4 Conclusion.............................................................................................................. 38
Glossary........................................................................................................................ 39
Bibliography.................................................................................................................. 41
Appendices
LIST OF FIGURES
Figure 1. 10 ways trees help us...................................................................................... 1
Figure 2. Private and Public Tree Ownership in the 10 wards of the City ........................ 1
Figure 3. Regulated/protected and unregulated/unprotected tree canopy cover in the City
ofKitchener................................................................................................................... 16
LIST OF TABLES
Table 1. List of shortlisted municipalities and reason(s) for inclusion ............................ 18
Table 2. Overview of tree conservation tools used in municipalities ............................. 19
Table 3. Existing Tree Canopy and Tree Canopy Targets ............................................ 21
Table 4. Application of Private Tree By-laws................................................................. 28
Table 5. Staff Resources available with select municipalities ........................................ 35
Page 73 of 191
1 INTRODUCTION AND BACKGROUND
Trees are the most visible part of the urban forest and there is growing recognition of the
immense social, economic, and environmental benefits that trees provide to a community.
The benefits trees provide is directly related to the quantity and quality of a city's tree
canopy and are communicated through the 10 ways trees help us" in Kitchener's
Sustainable Urban Forest Strategy (City of Kitchener, 2019).
b4w',s!zF7 ctimetr Walrr Mat esti' ; naLnG
i WildhFa eturr9 ` ata+ar ""J"IM sad �w6
�Aa air Waild/'raY
Figure 1. 10 ways trees help us
In 2019, the City of Kitchener's (the City) tree canopy covered 3,615 hectares or 27.2
percent of City's land base. Of this tree canopy 48% was on public property (including
lands owned by the City and other public agencies) while 50% was on private property.
Figure 2 illustrates the proportion of private and public tree canopy ownership in each of
the 10 wards in the City, indicating an important role for both public and private
landowners in maintaining and conserving the existing tree canopy (City of Kitchener,
2021).
■ Private Public
Sa% 58% 57% 59%
57%
ss
Sa% 51%
45
41
4a% 36%
60%
48'
20% % 4
0%
la
City Wards
Figure 2. Private and Public Tree Ownership in the 10 wards of the City
1
Page 74 of 191
Direction to set a tree canopy target came from Kitchener's Strategic Plan 2019-2022,
and Kitchener's Sustainable Urban Forest Strategy.
On January 10, 2022 staff presented report INS -2022-002 Tree Canopy Target for
Kitchener to Council recommending approval of a tree canopy target of 30 percent for
each ward by 2050 and an overall City-wide tree canopy target of 33 percent by 2070.
Council considered the matter and passed the following resolution:
"That a tree canopy target of 30% per cent by 2050 be established for each of the
10 Wards in the City of Kitchener together with an overall Citywide canopy target
of 33% per cent by 2070, as outlined in Infrastructure Services Department report
INS -2022-002, and,
That staff be directed to develop ward (and where appropriate, neighborhoods),
specific action plans that focus on planting, maintaining and protecting trees in
consideration of local pressures on canopy and,
That these action plans inform future budget requests beginning in 2022 for the
2023 financial year; and,
That staff be directed to initiate a review of existing tree conservation processes in
the City, including:
• A review of the existing by-laws and processes, including the Kitchener Tree
Conservation By-law
• Review of requirements for tree planting contained within the Development
Manual
• Reviewing the Tree Management Policy and any relevant policies as
required
• Undertake a jurisdictional scan of other municipal tree conservation
processes, policies and by-laws
With an intention to extend and strengthen tree conservation measures, and report
back to Council with preliminary findings by the end of 2022, and further,
2
Page 75 of 191
That staff report back in 2025 and on five -yearly intervals thereafter, with an update
on Kitchener's Urban Forest Canopy, which will include a review on whether the
tree canopy target can be increased to 33% per cent by 2050 be established for
each of the 10 Wards in the City of Kitchener together with an overall City-wide
canopy target of 38% per cent by 2070."
This discussion paper provides a review of existing processes with respect to tree
conservation and management for the City of Kitchener, and a jurisdictional scan of other
municipal tree conservation processes, policies and by-laws.
The discussion paper is structured into the following four sections:
• Section 1: Introduction and Background
• Section 2: Existing Direction and Approach to Tree Conservation and Management
• Section 3: Tree Conservation and Management Jurisdictional Scan
• Section 4: Conclusion
3
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2 EXISTING DIRECTION AND APPROACH TO TREE CONSERVATION AND
MANAGEMENT
In Ontario, each municipality is given powers and duties under the Municipal Act and
several other Acts for the purpose of providing good governance with respect to matters
within their jurisdiction. Further, upper -tier governments adopt policies, by-laws and
processes that provide additional direction to lower -tier municipalities for various matters.
This section summarizes the provincial and regional direction for tree conservation and
management applicable to the City of Kitchener and provides an overview of the current
approach to tree conservation and management in the City, including public and private
trees.
2.1 PROVINCIAL DIRECTION
There are several Acts and policy documents that provide direction to municipalities on
matter of conservation and management of trees and woodlands, some specifically
provide for the regulation of trees while others are associated with trees
Municipal Act, 2001, S.O. 2001, c. 25
The Municipal Act gives the responsibility to municipalities to ensure laws and plans are
in place to protect the natural environment. This includes, under Section 135, the power
to pass tree by-laws that regulate or prohibit the injuring or destruction of trees. Section
135 (12) of the Act provides statutory exemptions for by-laws passed under Section 135.
Further, Section 270 of the Municipal Act requires municipalities to adopt and maintain
policies with respect to the manner in which the municipality will protect and enhance the
tree canopy and natural vegetation in the municipality.
Forestry Act, R.S.O. 1990, c. F.26
The Forestry Act allows the Minister of Northern Development, Natural Resources and
Forestry to establish programs to protect, manage or establish woodlands and to
encourage forestry that is consistent with good forestry practices. The Forestry Act allows
municipalities to pass by-laws and enter into agreements for the purposes of forestry
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activities and reforestation on lands that are either owned by that municipality or are the
subject of such an agreement. It provides powers of entry to inspect trees and forest
products for infestation, as well as survey timber and natural resources. The Forestry Act
also defines what a boundary tree is and provides details on when trees are considered
common property and stipulates that every person who injures or destroys a boundary
tree without consent is guilty of an offence under the Act.
Planning Act, R.S.O. 1990, c. P.13
The Planning Act sets out ground rules of land use planning in Ontario and describes how
land uses may be controlled, and who may control them. It provides the basis for
considering provincial interests under Section 2 such as the protection of ecological
systems and conservation and management of natural resources. Further, it provides for
various tools to be at the disposal of municipalities, such as Official Plans, Zoning By-
laws, Site Plan Control, and Plans of Subdivision.
Section 16 of the Planning Act gives municipalities the power to establish goals,
objectives and policies through Official Plans to manage and direct physical change and
their effects on the social, economic, built and natural environment of the municipality or
part of it.
Section 34 of the Planning Act provides the basis for regulating and controlling land uses
in municipalities through Zoning By-laws. Zoning By-laws put the Official Plan into effect
and provide for its day-to-day administration, containing specific requirements that are
legally enforceable. Zoning By-laws may prohibit any use of land and the erecting,
locating or using of any buildings or structures within woodlands, among other natural
features and areas.
Under Section 41 of the Planning Act municipalities are allowed to designate site plan
control areas to achieve high quality site design, appropriate siting and massing of
development on a site, and to ensure safety, accessibility, attractiveness and compatibility
of a development with the site context and overall urban landscape. Municipalities have
the authority to approve site plans if sufficient consideration is given to woodland buffers,
and trees for landscaping and protecting adjoining lands, including highways. As a
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condition to approval of site plans, a municipality may require the owner of the land to
enter into one or more agreements to ensure the development proceeds in accordance
with the plans and drawings approved. Bill 23, More Homes Built Faster Act now exempts
development with 10 residential units or less from site plan control.
Part VI of the Planning Act provides for subdivision of land. A registered plan of
subdivision creates new, separate parcels of land which can be legally used for the sale
of lots. Plans of subdivision are required to have regard to the provisions of the Planning
Act and related policies and plans. Municipalities may impose conditions to the approval
of a plan of subdivision, including the owner of subject lands to enter into agreements
which may be registered against the land to which it applies.
Provincial Policy Statement, 2020
The Provincial Policy Statement, 2020 (PPS), issued under Section 3 of the Planning Act,
provides policy direction on matters of provincial interest related to land use planning and
development. It gives provincial policy direction to help build strong, healthy communities
in Ontario; protect the province's natural heritage (such as wetlands and woodlands),
water, agricultural, mineral, cultural heritage (such as structures and landscapes) and
archaeological resources; and protect communities through directing development away
from areas of natural or human -made hazards where there is an unacceptable risk to
public health or safety, or property damage.
PPS prohibits development and site alteration in significant wetlands and significant
coastal wetlands, and in significant woodlands, significant valleylands, significant wildlife
habitat, significant areas of natural and scientific interest and coastal wetlands unless it
has been demonstrated that there will be no negative impacts. Development and site
alteration is also not permitted on lands adjacent to the natural heritage features and
areas unless the ecological function of the adjacent lands has been evaluated and it has
been demonstrated that there will be no negative impacts on the natural features or on
their ecological functions.
Planning authorities are also required to support energy conservation and efficiency,
improved air quality, reduced greenhouse gas emissions, and preparing for the impacts
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of a changing climate through land use and development patterns which maximize
vegetation within settlement areas, where feasible.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe
A Place to Grow (the Growth Plan) is the province's growth plan, enabled through the
Places to Grow Act 2005, that builds upon the policy foundation of the PPS to plan for
growth and development in the Greater Golden Horseshoe (GGH)
Policies of the Growth Plan support integration of green infrastructure, including
components such as street trees and urban forests, in achieving complete communities
and protection of the Natural Heritage System for the Growth Plan, outside of the
settlement areas. Within settlement areas, the Growth Plan enables municipalities to
protect the natural heritage features and areas in a manner that is consistent with the
PPS.
Conservation Authorities Act, R.S.O. 1990, c. C.27
The Conservation Authorities Act provides for the organization and delivery of programs
and services that further the conservation, restoration, development and management of
natural resources in watersheds in Ontario. The Act enables establishment of
conservation authorities in Ontario, including the Grand River Conservation Authority.
Section 21 lends the authorities various powers to accomplish its objectives. It includes,
among other matters, the power to enter into agreements with owners of private lands to
facilitate the due carrying out of any project and to plant and produce trees on lands with
the consent of the owner for any purpose.
Section 28 of the Conservation Authorities Act sets out prohibited activities that include
development in areas that could be unsafe for development because of natural processes
associated with flooding or erosion, and interference with, or alterations to, watercourses,
wetlands or shorelines.
Ontario Heritage Act, R.S.O. 1990, c. 0.18
The Ontario Heritage Act allows municipalities to designate individual properties and
districts as being of cultural heritage value or interest. Part IV allows for designation of
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heritage properties and Part V allows for designation of heritage conservation districts.
Tree(s) can be identified as a heritage attribute of a property designated under Part IV or
as a heritage attribute within a heritage conservation district designated under Part V of
the Ontario Heritage Act.
Invasive Species Act, 2015, S.O. 2015, c. 22
The Invasive Species Act prohibits the possession, transport, release, or propagation of
invasive species within Ontario. Ontario Regulation 354/16 lists prohibited and restricted
invasive species, as per subsection 4(2) of the Act. There are presently no woody plants
listed in O. Reg. 354/16.
2.2 REGIONAL DIRECTION
The Regional Municipality of Waterloo builds on provincial direction and implements, in
relation to tree conservation and management, the Regional Official Plan and the
Conservation of Trees in Woodlands By-law.
Region of Waterloo Official Plan
The Region of Waterloo Official Plan (the ROP) was adopted by Regional Council on
June 16, 2009. The ROP was approved by the Ministry of Municipal Affairs and Housing
in December 2010 and came into full effect in June 2015 following its appeal
The ROP incorporates the policy and regulatory framework established by the Province
and contains goals, objectives and policies to manage and direct land use change and its
effects on the cultural, social, economic and natural environment within Waterloo Region.
Area Municipal Plans, including the City of Kitchener Official Plan, and all land use related
by-laws and future development is required to conform to the ROP.
Policies in the ROP direct the Region and/or the Area Municipalities to ensure that
development occurring within the Urban Area and Urban Designated Greenfield Area is
planned and developed in a manner that protects the natural environment. It also supports
improved air quality through opportunities for increasing forest cover throughout the
region to achieve an overall target of 30 per cent forest cover or more of the region's total
land area.
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The ROP establishes a Greenlands Network in the region which is a layered approach to
environmental protection comprised of Landscape Level Systems, Core Environmental
Features, Fish Habitat, Supporting Environmental Features and the linkages among
these elements. Policies relating to the Greenlands Network focus on protecting and
enhancing the ecological integrity and functions of these landscapes. Significant
woodlands are identified as Core Environmental Features and defined as areas that meet
the criteria of: (a) greater than four hectares in size, excluding any adjoining hedgerows;
(b) consisting primarily of native species of trees; and, (c) meets the criteria of a woodland
in accordance with the provisions of the Regional Woodland Conservation By-law.
The Region encourages good stewardship practices to manage public and private
woodlands through the development and implementation of forest management plans. It
directs area municipalities to consider the importance of woodlands during the
development review process and encourages to adopt a Tree Preservation By-law to
prohibit or regulate the destruction or injuring of trees in woodlands less than four hectares
in area.
On August 18, 2022, Regional Council passed By-law No. 22-038 to adopt Amendment
No.6 to the ROP (the Amendment). This amendment updates several planning policies,
objectives and mapping in the ROP to ensure they conform to the Growth Plan and are
consistent with the PPS. This amendment is currently awaiting approval by the Ministry
of Municipal Affairs and Housing.
The Amendment directs area municipalities to adopt policies and zoning that advance the
integration of green infrastructure and increase in tree canopy to adapt to the impacts of
a changing climate.
Evaluation of existing environmental policy is anticipated to be part of the second phase
of the ROP Review.
Conservation of Trees in Woodlands By -Law 08-026
The Region of Waterloo's Woodland Conservation By-law 08-026 applies to all natural
forested areas that are at least one hectare in size with the requisite number of trees
(1,000 trees of any size, 750 trees over five (5) cm in diameter, 500 trees over 12 cm in
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diameter, or 250 trees over 20 cm in diameter) per hectare. Around 41 % of Kitchener's
tree canopy is within woodlands one hectare in size or greater. The by-law sets the
prohibitions and exemptions under which protected species of woodland trees may and
may not be destroyed or injured. It outlines three permit types that can be obtained to
allow the destruction of trees: the Good Forestry Practices Permit, the Diameter
Limit/Basal Area Permit, and the Woodlot Removal Permit. It also gives the "officer"
powers to make an order to the owner/occupier of a property to discontinue activities that
contravene the by-law. Notably, activities or matters undertaken by a municipality are
exempt from these regulations.
2.3 CURRENT APPROACH AT CITY OF KITCHENER
Following provincial and regional direction, the City of Kitchener works to protect and
manage trees. Importance of trees and the numerous benefits they provide are reflected
in several city documents that influence tree conservation and management within the
City, such as:
• Kitchener's Sustainable Urban Forest Strategy 2019-2028: A long-term guiding
document that presents the vision and goal for a sustainable urban forest, along
with identified actions intended to guide future decisions and priorities. It identifies
what is required to grow and maintain big, healthy trees that provide the greatest
benefits to the community. A review and potential update of existing by-laws and
policies that protect city trees, their soil habitat natural areas, and private trees is
identified as an action item.
• Kitchener's Tree Canopy —Technical Report: A periodic technical report analyzing
Kitchener's tree canopy metrics through use of high-resolution imagery and LiDAR
data. This report helps in tracking and monitoring of the tree canopy in the City.
• Kitchener, Changing for Good - Our Corporate Climate Action Plan for
Sustainability: A climate action plan for reducing corporate level greenhouse gas
emissions while adapting to local climate change impacts.
• Integrated Storm Water Management Master Plan: Master Plan setting targets for
stormwater management in the City and how to achieve them, recommending
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measures to improve overall environmental performance, increasing efficiencies,
and reducing costs.
• Complete Streets Kitchener — Streets for All: Guidelines to design safe and
comfortable `complete streets' for all in the City contributing towards sustainability,
health and social priorities.
• Kitchener's Official Plan: Kitchener's Official Plan includes land use policies and
mapping that approximately identifies its natural heritage system, including among
other things, regionally significant and locally significant woodlands. These are
identified as core natural heritage features and designated Natural Heritage
Conservation. These woodlands are protected from development, redevelopment
and site alteration.
• Kitchener's Zoning By-laws (Zoning By-law 85-1 and Zoning By-law 2019-051)-
Kitchener's Zoning By-laws implements the objectives and policies set out in the
Kitchener's Official Plan by providing regulations around how to manage land and
future development in Kitchener. The Natural Heritage System land use
designation is implemented in the Zoning By-law through the application of a
Natural Heritage Conservation Zone. The purpose of this zone is to protect and
conserve natural heritage features, including woodlands, and their ecological
functions on public and well as private properties. This zone only permits existing
agriculture and natural heritage conservation uses.
• Urban Design Manual: Council adopted document containing guidelines to ensure
that new development is consistent with the City's vision and policies for urban
design.
• Municipal Code — Chapter 270: By-law prohibiting prescribed activities within City
parks including cutting, destroying or damaging in any way any tree, flower, shrub
or flowerbed subject to approvals.
• Municipal Code — Chapter 633: By-law prohibiting any activity connected to site
alteration within the City except in accordance with a permit.
• Municipal Code — Chapter 665: The City's `Property Standards By-law' outlining
the applicable minimum standards for maintenance and occupancy that property
owners must follow. Exterior property areas are to be maintained in a safe
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condition which includes the removal of trees, bushes, and hedges including any
branches or limbs thereof which are dead, decayed or damaged, and brushed.
• Municipal Code— Chapter 690: The City's `Public Tree By-law' prohibiting damage,
destruction or injury to any tree, sapling or shrub growing on City property.
• Municipal Code — Chapter 691: By-law providing an officer to enter and inspect
any land, including trees and vegetation, for pests.
• Municipal Code — Chapter 692: The City's `Private Tree By-law' prohibiting injury
of tree or trees on private land within the City without a permit.
• Tree Management Policy: A Council adopted policy document which formulates
definite and specific requirements to ensure tree management. Policy ensures
consistency and effective assessment of plans submitted with Planning Act
applications.
• City of Kitchener Development Manual: A manual outlining the City's current
engineering requirements, guidelines, specifications and standards, which guide
the design and construction of public infrastructure, and requirements for obtaining
approvals associated with development applications.
Conservation and management of existing trees on public and private lands are enabled
through different tools in the City. The next subsections speak to City's approach to tree
conservation and management on public and private lands.
Approach to Tree Conservation and Management on Public Lands
Trees on City lands are recognized as one of Kitchener's corporate assets. Public trees
include those located in parks, open spaces and natural areas, as well as those on the
road right-of-way (boulevard trees). Forty-eight percent (48%) of Kitchener's tree canopy
is located on publicly owned lands, including City owned lands and that owned by other
public agencies (City of Kitchener, 2021).
Policies in the Kitchener's Official Plan promote and encourage reforestation and
naturalization of parks, open space and stormwater management areas. Further, the City
is required to protect and manage trees located within and outside a road right-of-way by
encouraging public authorities to give due consideration to their preservation when
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undertaking projects and maintenance activities. The City also requires replacement of
any trees damaged or removed from an existing road right-of-way due to a development
or infrastructure project
Kitchener's Official Plan also identifies its natural heritage system including regionally
significant and locally significant woodlands. These are identified as core natural heritage
features and designated Natural Heritage Conservation in the Official Plan. These
woodlands are protected from development, redevelopment and site alteration.
The Zoning By-law applies a Natural Heritage Conservation Zone following the Natural
Heritage System land use designation of the Official Plan. This zone protects and
conserves the natural heritage features, including woodlands, on both public and private
lands. Only existing agriculture and natural heritage conservation uses are permitted in
this zone.
Thirty-one percent (31 %) of all tree canopy in Kitchener is protected by Natural Heritage
Conservation land use designation and/or zone, and is on publicly owned lands
Chapter 690 of the Municipal Code is the City's `Tree By-law'. The By-law was first
adopted in 1987 and later amended in 1988, 1991, 2000, 2001 and 2011. The
Infrastructure Services Department administers this By-law and is authorized for all acts
necessary to provide for the planting, care and maintenance of all trees on City property.
The By-law prohibits damage, destruction or injury to any tree, sapling or shrub or any
part thereof located on a City property. It also prohibits damage, destruction and removal
of any supporting post, stake or guard attached to or around a tree, and cutting, rooting
and removing any tree or part thereof whether living or dead. Thirty-seven percent (37%)
of all tree canopy in Kitchener is on City owned lands.
The City of Kitchener Development Manual identifies the minimum requirements for tree
planting and soil habitat zones for all City lands managed by Infrastructure Services
Department under Section M - Urban Forest — Tree Planting & Establishment. The
requirements include details about minimum quantities, tree size, soil volumes, cash -in -
lieu payments and species diversity. The number of trees required and their locations
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varies by the type of development and land use while rest of the requirements remain
same for all types of developments.
Approach to Tree Conservation and Management on Private Properties
Although trees on City lands are an integral part of Kitchener's corporate assets, the vast
majority (50%) of tree canopy is located on privately owned lands (City of Kitchener,
2021). The City aims to conserve and manage the private trees through use of various
tools.
Kitchener's Official Plan encourages reforestation, wise management and improvement
of privately owned trees and woodlands within the City. Policy 7.C.2.3 protects existing
site conditions within the development review process by not recognizing illegal acts
resulting, or having resulted, in a reduction in the form or function of natural heritage
feature including tree removal. Restoration of the damaged area may be required prior
to, or as a condition of, approval of any development application. The City may also
require existing trees and vegetation to be retained through the Site Plan Approval
process.
The Zoning By-law applies a Natural Heritage Conservation Zone which protects and
conserves the natural heritage features, including woodlands, on private and public lands.
Eighteen percent (18%) of all tree canopy in Kitchener is protected by Natural Heritage
Conservation land use designation and/or zone, and is on private properties.
The Tree Management Policy applies where a proposed development requires a Planning
Act application (e.g. subdivision, Official Plan and Zoning By-law amendments, site plans,
and some committee of adjustment applications). It consists of the following three steps
within which data collection and analysis is sequentially undertaken:
1. General Vegetation Overview: The purpose of a General Vegetation Overview is
to provide an inventory and mapping of biological and physical characteristics for
each vegetation community. This is required for all lots or blocks within a Draft Plan
of Subdivision. It determines which vegetation community requires further data and
analysis, and the criteria to evaluate the Draft Plan of Subdivision. The Tree
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Management Policy specifies the information generally required for the General
Vegetation Overview.
2. Detailed Vegetation Plan: The purpose of a Detailed Vegetation Plan is to provide
further data and analysis as set out in a previously approved General Vegetation
Overview. It is required for all lots and blocks containing vegetation communities
requiring further data and analysis.
3. Tree Preservation/Enhancement Plan: This is required for subdivisions where the
Detailed Vegetation Plan identified trees to be retained, site development under
Section 41 of the Planning Act, and lots containing trees created by consent under
Section 52 of the Planning Act.
Tree removal on private property is subject to the Tree Conservation By-law which
prohibits injury of tree(s) on private properties within the City without a permit. The By-
law, in addition to the statutory exemptions, exempts lands less than 1 acre or 0.405
hectares in size, and small trees with a diameter at breast height of less than 10
centimeters.
Challenges with Current Approach to Tree Conservation and Management
City staff have identified various challenges with respect to regulating trees on public and
private properties through the current processes. These challenges pertain to the tree
canopy not protected or regulated through the current processes, and recent
development trends related to intensification and infill development. Some of the
challenges include:
• 72% of Kitchener's existing tree canopy is collectively protected from development
through the Natural Heritage Conservation land use designation in the Official Plan
and/or the NHC-1 zone in the Zoning By-law, and/or regulated by the Region of
Waterloo's Woodland Conservation By-law (woodlands 1 hectare in size or
greater), the Kitchener Tree By-law (trees on City property), and/or the Kitchener
Tree Conservation By-law (trees on private properties 1 acre in size or greater).
This means that 28% of Kitchener's existing tree canopy is not protected or
regulated on private property, or on properties owned by other public agencies.
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Figure below highlights the existing tree canopy in Kitchener that is
protected/regulated or not protected/regulated.
Tree Canopy Cover
(2019)
Regulated l
un-regulat€
Figure 3. Regulated/protected and unregulated/unprotected tree canopy cover in the
City of Kitchener
• Impact on trees (public and private) and their root zones from development,
particularly intensification, on adjacent properties including additional dwelling
units, and driveway widening and curb cuts.
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• Administrative challenges, including but not limited to, extensive staff time involved
with reviewing development applications and inspecting and monitoring trees as
part of these applications that are to be retained.
• Inconsistencies in absence of clear tree replacement and compensation policies
and coordination required between different departments.
• Inconsistencies in the absence of processes to administer the public tree bylaw.
• Administrative challenges of monitoring the public tree asset with multiple
stakeholders working around trees potentially damaging tree roots, branches and
trunks.
• Legal challenges of enforcing both the public and private tree bylaw when there is
a contravention.
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3 TREE CONSERVATION AND MANAGEMENT JURISDICTIONAL SCAN
Other municipalities in Ontario as well as in other Provinces, use various mechanisms to
conserve and manage trees. Using publicly available data and information collected
through key -informant interviews, this section provides a summary of some shortlisted
municipalities in Canada and their comparison with the City of Kitchener in relation to
conserving and managing trees within their respective jurisdictions.
3.1 SHORTLISTING MUNICIPALITIES
For this review, municipalities were selected on a range of criteria. This included similar
population size, similar population density, fast growth rates, proximity, progressiveness,
and similar urban character/nature to Kitchener. Additionally, some municipalities were
considered due to their large population size, high density, and continued leadership in
policy development, including tree conservation and management. Table 1 lists the 12
selected municipalities and the reason(s) for their inclusion.
Table 1. List of shortlisted municipalities and reason(s) for inclusion
Municipality
Reason(s) for Inclusion
City of Waterloo
Area municipality within the Region of Waterloo
City of Cambridge
Area municipality within the Region of Waterloo
City of Guelph
Similar population density and proximity to Kitchener
Town of Oakville
Similar population size, population density and character
to Kitchener
City of London
Proximity and similar character to Kitchener
City of Mississauga
Proximity and similar character to Kitchener
City of Hamilton
Proximity and similar character to Kitchener
Town of New Tecumseth
Recently updated processes
City of Toronto
Large population size, high population density, leadership
in policy development
City of Vancouver Large population size, high population density, leadership
in policy development
City of Edmonton
Large population size, high population density, leadership
in policy development
City of Surrey
Large population size, progressive, fast-growing
mimirinn1ity (similar to Kitchener)
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3.2 RESEARCH AND ANALYSIS
This section provides an overview of the existing tree conservation and management
processes at the selected municipalities. Each of the municipalities were explored to
check what tools they use to conserve and manage trees, or to enhance tree canopy
within their jurisdictions. Largely, it was observed that municipalities use the following
tools to conserve and manage trees:
• Urban forest management plan/strategy (UFMP/S) or equivalent, including
specified tree canopy targets (TCT);
• Official plan policies (OP) in relation to tree conservation and management;
• Tree management policy/guidelines/manual/standards or equivalent documents
(TMP) used to guide the development process; and,
• By-laws regulating:
o public trees in parks, open spaces and natural areas, as well as those on
the road right-of-way (boulevard trees)
o trees on private properties
Table 2 illustrates a snapshot of the tools that the selected municipalities use to conserve
and manage trees.
Table 2. Overview of tree conservation tools used in municipalities
Municipality
UFMP/S & OP TMP Tree By-law
TCT
Yes Yes Yes Separate Public and
Private
City of Kitchener
City of Waterloo
No
Yes
Yes
Only Public, No Private
City of Cambridge
Yes
Yes
Yes
Separate Public and
Private
City of Guelph
Yes
Yes
Yes
Only Private, No Public
Town of Oakville
Yes
Yes
Yes
Separate Public and
Private
City of London
Yes
Yes
Yes
Separate Public and
Private
City of Mississauga
Separate Public and
Private
Yes
Yes
Yes
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Municipality
UFMP/S &
OP
TMP
Tree By-law
TCT
Separate Public and
No Yes
City of Hamilton
Yes
Yes
Private (applies to specific
TCT
areas)
Town of New
Combined Public and
Yes
Yes
Yes
Tecumseth
Private
Separate Public and
City of Toronto
Yes
Yes
Yes
Private
Separate Public (Street
City of Vancouver
Yes
Yes
Yes
Tree) and Private
City of Edmonton
Yes
Yes
Yes
Only Public, No Private
Combined Public and
City of Surrey
Yes
Yes
Yes
Private
Urban Forest Management Plan/Strategy & Tree Canopy Target
Urban Forest Management Plan or Strategy (UFMP/S) is essentially a strategy document
that outlines a municipality's vision and goals of growing and maintaining the urban forest
asset. UFMP/S are typically intended to maintain or enhance the urban forest in a
municipality through high-level goals supported through specific recommendations and
action items. The goals largely revolve around planning, engaging, maintaining,
protecting, and planting, similar to the five branches of Kitchener's Sustainable Urban
Forest Strategy. The recommendations and/or action items on the other hand are tailored
to the municipality and can include influencing Official Plan policies regarding trees,
direction on instituting tree by-laws, and direction on establishing public education
programs and tree -planting programs.
Of the 12 municipalities reviewed, 10 have an UFMP/S document. City of Waterloo and
the City of Hamilton do not currently have a UFMP/S. Appendix A documents the types
of tree -related issues addressed through actions and/or recommendations by the
municipality, and other ways they plan on growing their urban tree canopy.
Municipalities also set tree canopy targets based on current canopy cover, anticipated
future trends, and goals set out by the municipality. Table 3 provides a summary of
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existing tree canopy and tree canopy targets set by the selected municipalities. Most
municipalities set a municipality -wide tree canopy target. City of Kitchener, in addition,
has set a target for each ward as well. Some municipalities (City of London, Town of New
Tecumseth) have set the tree canopy target to be achieved for a specified area within the
municipality. Further, some municipalities (Town of Oakville) have tree canopy targets by
land use designation (not shown in the table).
Table 3. Existing Tree Canopy and Tree Canopy Targets
Municipality
Existing Tree Canopy
Tree Canopy Target
City of Kitchener
27.2% as of 2019
30% each ward by 2050 and
NA
33% citywide by 2070
City of Waterloo
NA
City of Cambridge
27% as of 2013
30% by 2034
City of Guelph
23.3% as of 2019
40% by 2031 (not likely achievable)
Town of Oakville
27.8% as of 2015
40% by 2057
City of London
23.7% as of 2015
34% by 2065 (within the urban growth
boundary)
15% to 20% by 2033
15% as of 2011, 19% as
15% in at least 95% of the City's
City of Mississauga
of 2014
residential areas and in 50% to 75% in
city's other land use categories
City of Hamilton
21.2% as of 2018
30% (no defined timeframe)
Town of New
21 % as of 2021 within
30% by 2042 on all developed and
Tecumseth
developed areas
developing lands
City of Toronto
28.4% as of 2018
40% by 2050
City of Vancouver
19% as of 2015
22% by 2050
City of Edmonton
10.3% as of 2009
plant 2 million new urban trees by 2050
City of Surrey
29% as of 2018
30% by 2038
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Development Review
The development review process in municipalities with respect to tree conservation and
management is more or less similar. Policies in the municipal Official Plans are often
supplemented with additional guiding documents that assist in tree conservation and
management through the development review process.
Appendix B lists policies related to tree conservation and management in the respective
Official Plans of the selected municipalities
All 12 municipalities reviewed have policies that deal with environmental features
including trees and urban forests. Generally, municipalities apply natural heritage
protection areas (Kitchener's Natural Heritage System, Toronto's Green Space System)
that are delineated through a map attached to the Official Plan. The primary objective of
delineating the natural heritage protection areas is to protect and enhance the ecological
network within municipal jurisdictions. Although trees are not the specific focus of such
policies, the policies include protection of significant environmental features (including
woodlands), planning for green and sustainable development, and restoring the urban
landscape through appropriate (native, climate resilient) planting. More restrictive policies
apply to lands close to environmental features identified under the natural heritage
protection areas. However, much of the previously developed urban landscape remains
outside the boundaries of these protections.
A range of policies in municipal Official Plans are related to conservation of trees and
often linked to the development review process. The primary objective of such policies is
to retain existing trees and preserve the existing landscape as much as possible.
However, some developments are not able to preserve all trees located on site. Most
policies are therefore centered around replacement or relocation of trees damaged
through development in order to guide preservation of pre-existing landscape through
either replacement on-site or relocation off-site. This is considered to be the next best
approach to address tree loss if a development is not able to retain trees.
Majority of the Official Plan policies direct to include tree inventory/protection/preservation
plan as part of a development application. Such plans involve documentation of existing
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trees, ones to be retained and ones intended to be destroyed. This allows municipalities
to monitor the treescape and hold applicants to high standards for protection of trees
while development occurs. Planners are provided with a level of control to ensure
adequate tree planting is included in development agreements.
Municipalities have expressed concern regarding the application of these policies through
the planning process and the potential for applicants to clear-cut a site before submitting
a formal development application. Some Official Plans include policies that confront this
concern through including policies that ensure applicants are held accountable for
alterations made to a site before a development application is submitted to the
municipality. The City of Kitchener and the City of Waterloo have policy in their Official
Plans that does not recognize conditions resulting due to `illegal acts' such as tree
removal as existing conditions and enables conditions to be imposed to restore the
damaged area. However, the use of the term `illegal acts' is debatable. The Town of New
Tecumseth has approached this challenge by prohibiting removal of protected trees within
two years of a development or demolition application in its tree by-law. References to and
adherence to the intent of other municipal policies or by-laws make tree conservation and
management stronger, particularly where existing trees have been removed or damaged
prior to an application or during the process of obtaining approval.
Some Ontario municipalities (City of Guelph, Town of Oakville), in their Official Plans, also
refer to the importance of trees in matters of heritage preservation. These policies enable
tree conservation as a matter of preserving heritage landscapes or natural heritage
features of neighbourhoods through additional protection of designated heritage items
under the Ontario Heritage Act.
Many municipalities (City of Waterloo, City of Cambridge, City of Guelph, Town of
Oakville, City of Hamilton, City of Vancouver, City of Surrey) include design -related
policies regarding trees within their Official Plans. Such policies support the aesthetic and
material benefits that trees provide residents serving as a way to encourage tree planting
or protection. These policies communicate that trees should be retained, replanted or
relocated in order to achieve desirable aesthetics or provide distinct benefits to users of
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the area. The City of Kitchener refers to the Urban Design Manual and the Development
Manual for incorporating existing and/or new trees into design.
Subtle differences were observed in the language of policies. For instance, some policies
are more direct using the word `shall', while some are non-binding and open for
interpretation by using `should'. Language prompting protection of trees directs tree
protection to be considered and incorporated into design through the development
process. On the other hand, the use of non-binding language draws attention to
considering trees in the development process but is more likely to be interpreted as a
suggestion for consideration.
Beyond the Official Plan policies discussed in the previous subsection, most
municipalities (City of Cambridge, City of Guelph, City of Mississauga, City of London,
City of Hamilton, Town of Oakville, Town of New Tecumseth, City of Toronto, City of
Edmonton) have separate guiding document(s) as the City of Kitchener. The City of
Kitchener has the Tree Management Policy, the Urban Design Manual and the
Development Manual that assist City staff and the development industry including
developers, builders and their consultants and contractors to prepare and evaluate
submissions associated with development and infrastructure.
The City of Kitchener's Tree Management Policy provides details on submission
requirements at different stages of a development application through three types of
documents (general vegetation overview, detailed vegetation plan, and tree
preservation/enhancement plan). Other municipalities have similar requirements during
development applications for tree inventory and preservation.
Some municipalities (City of Guelph, Town of New Tecumseth, City of Mississauga) list
tree replacement ratios and/or approach to compensation formula. Most tree replacement
ratios are based on the size of the tree being destroyed. The City of Guelph and the Town
of New Tecumseth enable replacement/compensation based on aggregate caliper
formula, area -based canopy approach and mass planting approach. The City of
Edmonton places emphasis on the replacement cost versus monetary value of a tree and
necessitates higher of the two for compensation. The cost of replacing a tree includes the
plant material, installation, all planning components, watering and young tree
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maintenance (pruning and stake removal). The City of Kitchener bases its tree
replacement on the value of the tree to be destroyed determined by practices established
by the International Society of Arboriculture, where replacement trees are to be of the
same or greater value. The City of Cambridge, in addition to following a similar approach
to the City of Kitchener, enables requirement of security deposits or letter of credit for
detailed vegetation plans on lots that are to come to public ownership. The value of the
trees are determined through consultation with the Forestry Technician.
City of Kitchener's Development Manual identifies the minimum requirements for tree
planting and soil habitat zones for all City lands. Other municipalities have these
requirements as well but not necessarily consolidated in one document. The requirements
typically include details about minimum tree quantities, tree size, soil volumes, cash -in -
lieu payments, and species diversity. The number of trees required, and their locations
varies by the type of development and land use while rest of the requirements remain
same for all types of developments.
Public Tree By-laws
Public tree by-laws regulate trees owned by the municipality including trees located in
parks, open spaces and natural areas, as well as those on the road right-of-way or
boulevards. Of the 12 municipalities reviewed, 11 have a public tree by-law. City of
Guelph is the only municipality in the selected municipalities that does not currently have
a public tree by-law. Key components of the public tree by-laws and differences in the
municipalities are discussed below.
1. Prohibition, application, and exemptions
Public tree by-laws, including Kitchener's Tree By-law, prohibit injury, damage, or
destruction of any tree, sapling or shrub or any part thereof located on a property
owned by the municipality; damage, destruction and removal of any supporting
post, stake or guard attached to or around a tree; cutting, rooting and removing
any tree or part thereof whether living or dead; and fastening, tying or attaching
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any animal, fence, wire, bill or notice to any tree or to any post, stake or guard
which supports a tree.
The authority for planting, care and maintenance and removal of trees is also set
out in public tree by-laws. Further, the responsibility of executing work on municipal
property and taking all necessary steps to avoid injuring of trees is on the person
or corporation undertaking the work. Kitchener's Tree By-law requires adequate
steps for the protection of any trees on city property within 6.09 metres (20 feet) of
any such lot before commencement of work. Other municipalities (City of Toronto,
Town of Oakville, City of Mississauga, City of Edmonton, City of Surrey, Town of
New Tecumseth) have similar requirements, but have also developed separate
tree protection procedures that must be adhered to when construction is occurring
near city trees. Some of these municipalities also have a permitting system in place
to support the public tree bylaw. These permits provide a proactive notification that
a city tree may be impacted by construction, allow conditions to be applied to the
permit and in some cases collect securities to ensure tree protection measures are
implemented and monitored for the duration of a project.
Kitchener's Tree By-law also prohibits grade alteration around trees without the
specific permission from the department. Further, permission is required to plant
trees on City property. In contrast, it does not specify permission is required to
injure or destroy a public tree(s).
2. Orders, offences, and penalties
City of Kitchener's Tree By-law does not enable making orders for contravention
of any provision of the by-law. It provides that every person who contravenes any
provision of the by-law is guilty of an offence and liable, upon conviction, to a fine.
The fine, not exceeding $5,000, is exclusive of costs and recoverable under the
Provincial Offences Act. Further, the by-law enables recovering of costs for
damage or destruction of a tree. For a tree which is damaged beyond repair, the
cost includes that of removing the tree and the value of the tree as established by
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the appropriate method of appraisal prescribed by the International Society of
Arboriculture.
Some municipalities (City of Waterloo, Town of Oakville, City of Toronto, City of
London, City of Hamilton) enable making orders either to cease the contravention
or to do work to correct the contravention. In contrast to the maximum fine set out
in Kitchener's Tree By-law, other municipalities (Town of Oakville, City of
Mississauga) specify minimum and maximum fines for a first and subsequent
conviction and in case of continuing offences. Town of Oakville includes a clause
that removes any upper limit of fine amount where there is an economic advantage
or gain from the contravention. In addition to fines applied upon conviction for
contravening the bylaw, some municipalities (City of Toronto, City of London, City
of Hamilton, Town of New Tecumseth, City of Edmonton) can issue set
administrative penalties or tickets for the injury or removal of city trees.
Private Tree By-laws
Private tree by-laws regulate the removal of trees on privately owned lands. 10 of the 12
municipalities reviewed have a private tree by-law. The extent to which a municipality
regulates private tree protection varies. Key components of private tree by-laws and
differences in the municipalities are discussed below.
1. Prohibition, application, and exemptions
Private tree by-laws prohibit causing or permitting the causing of injury or damage
to trees on private properties without a permit. Injury or damage is generally
defined to include: removing, cutting, girdling, or smothering of the tree or its roots;
interfering with the water supply; setting fire to a tree; applying chemicals on,
around or near the tree; and compaction of regrading within the dripline of a tree.
Some municipalities, such as the City of Cambridge, the Town of Oakville, and the
City of Mississauga specify that maintenance pruning is not considered as
injury/damage to a tree when good arboriculture practices are followed.
Furthermore, the Town of New Tecumseth prohibits removal of tree(s) within two
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(2) years of a development/demolition application, including road occupancy
permit and site alteration applications.
Depending on the objectives of and resources available with the municipality, the
application of private tree by-laws differs. Table 4 summarizes the application of
private tree by-laws in the selected municipalities.
Most commonly, private tree by-laws are based on the size of the tree measured
by the diameter at breast height (DBH). Some municipalities (City of Kitchener and
City of Guelph) use a combination of size of the tree and size of the land to regulate
trees. Further, some municipalities specify species of trees to be regulated (City of
Surrey) or refer to trees classified as endangered, threatened or at risk under the
provincial Endangered Species Act or the federal Species at Risk Act (Town of
Oakville). Some municipalities (Town of Oakville and City of Mississauga) also
specify regulation of trees required to be retained or planted as a condition of a
development application or the by-law itself.
Table 4. Application of Private Tree By-laws
Municipality
City of Kitchener
City of Waterloo
City of Cambridge
City of Guelph
Town of Oakville
City of London
City of Mississauga
Application
Trees with a DBH of >_10 cm I Properties >_1 acre
No private tree by-law
Trees with a DBH of >_20 cm
Trees with a DBH of >_10 cm Properties >_0.5 acre
Trees with a DBH of >_15 cm
Trees of any size retained or planted as
Trees with a DBH of >_50 cm
Trees of any size
Trees with a DBH of >_15 cm
Replacement trees
W
a condition of an
approved site plan
within the urban
growth boundary
within a tree
protection area
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Municipality
City of Hamilton
Town of New Tecumseth
City of Toronto
City of Vancouver
City of Edmonton
City of Surrey
Application
Trees with a DBH of >_10 cm within certain areas of
the City (Ancaster and
Dundas)
Trees with a DBH of >_20 cm part of a development
Significant or heritage tree
Trees with a DBH of >_30 cm
Trees of any size
Trees with a DBH of >_20 cm
No private tree by-law
Trees with a DBH of >_30 cm
Replacement Trees
Trees planted or retained
through a development
application
Trees in a riparian area
Trees with evidence of
nesting
Specified tree species
within a protected
area (through a
separate Ravine and
Natural Feature
Protection By-law)
The Municipal Act lists statutory exemptions for tree by-laws passed under Section
135 but does allow for flexibility in what is regulated. Injury or damage to a tree is
generally exempt from the requirement for a permit if: the tree is dead, diseased
or hazardous; the tree is damaged or destroyed and removal is in the interest of
public safety, health or general welfare; the tree is within five (5) meters of an
occupied building, or located within a building envelop in respect of which a
building permit has been issued; activities or matters are undertaken by a
municipality or a local board of a municipality; activities or matters are regulated or
licensed under other statutes such as the Crown Forest Sustainability Act, Forestry
Act, Surveyors Act, Electricity Act, Farming and Food Protection Act, or Aggregate
Resources Act; and, activities or matters are in accordance with a condition to the
approval of a development application or agreement under Section 41, 51, 52, or
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70.2 of the Planning Act. Some municipalities such as the City of Cambridge, the
City of Guelph, the Town of Oakville and the City of Mississauga also exempt trees
located on rooftop gardens, in interior courtyards, in solariums, in a nursery, or in
a golf course.
Some municipalities do not exempt dead, diseased or hazardous tree(s) or
damaged or destroyed tree(s) where removal is in the interest of public safety (City
of Mississauga, City of Vancouver). These municipalities require an issuance of a
permit, where an application needs to be supported with an arborist or other
qualified professional certifying the condition of the tree.
2. Permits and Conditions
Application requirements
Private tree by-laws prescribe information and fees required for a complete
application for a permit to injure or damage a tree regulated under the by-law. In
addition to general identifier information, prescribed fees and consent from all
owners (particularly in case of a boundary tree), municipalities require specific
information related to trees and/or environmental features to be submitted.
City of Kitchener requires a detailed plan or survey of the subject site which clearly
identifies location and dimensions of the trees proposed to be injured and/or
retained, and all significant features of the lands including but not limited to rivers,
streams, steep slopes (greater than 20 percent), wetlands or environmentally
regulated areas. 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 may also be
required. City of Kitchener's Tree Conservation By-law also enables additional
information to be required within a specified period of time if deemed necessary to
evaluate the application.
Municipalities (City of Cambridge, City of Guelph) require photographs to be
submitted along with a plan or plan of survey including the location, species, DBH
and condition of each tree to be injured or retained, purpose for the injury or
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destruction, nature and method of the proposed injury or destruction, and nature
and method of the protection for each of the trees to be retained including if
required a tree protection plan. Furthermore, some municipalities (City of Guelph,
Town of Oakville, City of Mississauga, City of Toronto, City of London) enable the
requirement of an arborist's or a registered professional forester's or qualified
person's report/opinion to be submitted for various purposes. The Town of Oakville
licenses arborists under its Licensing By-law. City of Vancouver and City of Surrey
identify arborists as certified by the International Society of Arboriculture.
Since the Town of New Tecumseth's private tree regulations are incorporated with
its public tree by-law, it does not lend the opportunity to apply for permits
Issuance or refusal of a oermit
Permits issued under the City of Kitchener's Tree Conservation By-law are valid
for a period of ninety calendar days from the date of issuance. A permit may be
extended where an owner applies to renew a permit at least thirty calendar days
before the date of expiry accompanied with a payment of one-half of the original
permit fee. City of Guelph issues permits for a period of ninety days as well with a
one-time extension of ninety days. Other municipalities (City of Cambridge, Town
of Oakville and City of Mississauga) issue permits valid for 12 months while City
of Vancouver issues permits valid for 6 months.
Private tree by-laws set out requirements for issuance and/or refusal of tree
permits. General criteria for issuance of a permit include submission of complete
application and prescribed fees. Other criteria for issuance of a permit to injure or
destroy a tree at City of Kitchener include: proposed injury being in accordance
with good forestry practices; interference with natural drainage processes; soil
erosion, slope instability or siltation in a watercourse; impact on healthy vegetation
community or on fish or wildlife habitat within and adjacent to subject site;
contravention to the Species at Risk Act, the Endangered Species Act, or the
Migratory Birds Convention Act; and/or consistency with an approved tree
preservation plan.
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Other municipalities specify the use of following criteria for the issuance of a permit
to injure or destroy a tree: condition and location of the tree; reason(s) for the
proposed injury or destruction; no reasonable alternatives to the proposed injury
or destruction; preservation of retained trees on the lot; and protection and
preservation of ecological systems and their functions.
The criteria for issuance of a permit discussed above also become criteria for
refusal of a permit for the injury or destruction of a tree
Conditions on a Dermit
Private tree by-laws enable issuance of permits subject to conditions. City of
Kitchener's Tree Conservation By-law stipulates conditions which may be imposed
as a requirement for a permit including: submission of landscaping or restoration
plans and associated maintenance plans; requiring replacement trees be planted;
undertaking of tree cutting work only under supervision of an arborist; the manner
and timing in which injury is to occur; or, the species, size, number and location of
trees to be injured.
Further, where planting of replacement trees is imposed as a condition, further
conditions may include: species, size, number and location of the replacement
tree; submission of landscaping or restoration plans and associated maintenance
plans; or submission of a written undertaking signed by the owner for carrying out
replacement planting. Where replacement trees are not possible to be planted on
the subject site, conditions maybe imposed: to plant replacement trees on other
suitable land; or, to pay an amount equaling 120 percent of the cost for planting
replacement trees and maintaining the trees for a period of two years.
Kitchener's Tree Conservation By-law does not specify any ratio or the size of the
replacement trees to be planted. This is left at the discretion of the Director. Some
municipalities such as the Town of Oakville, the City of Vancouver and the City of
Surrey specify the number and size of the replacement trees based on the size of
the tree being removed. City of Surrey also enables requirement of a security
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deposit in cash or letter of credit where replacement trees or retention of existing
trees are required as a condition of a permit.
Some municipalities (City of Cambridge, City of Guelph) stipulate imposing other
conditions such as implementation of specified measures to mitigate the direct and
indirect effects of injuring or destroying other nearby trees, land water bodies or
natural areas. Furthermore, municipalities such as City of Cambridge and City of
London enable imposing special conditions as necessary in addition to those
specified in their respective by-laws.
Appeals
The Town of Oakville, the City of Mississauga, the City of London, and the City of
Toronto allow the applicant to appeal a refused tree permit application within a
prescribed time (generally 14, 21, or 30 days) from the date of issue of the decision.
There is no requirement under the Municipal Act to provide for an appeal process
for a by-law passed under Section 135 of the Act.
3. Orders, offences, and penalties
Kitchener's Tree Conservation By-law enables for the Director to make an order
the owner or any other person in contravention of the by-law or a condition of a
permit issued under the by-law to cease any or all work immediately, and/or to take
necessary steps in accordance with the approved permit, plans, documents and
other information upon which the permit was issued and in accordance with the
conditions of the permit within a time set out in the order.
Some municipalities such as the City of Mississauga, the City of London and the
City of Toronto enable making an order to do work to correct the contravention.
This may require that any injured or destroyed tree be replaced with a replacement
tree and further specify its species and location or payment in lieu be provided for
where a replacement tree cannot be located on the lot.
Any person or corporation who contravenes any provision of the by-law, conditions
of a permit, or an order issued under the by-law, is guilty of an offence and liable
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to fines. Generally, the fines are exclusive of costs and are collectible pursuant to
the Provincial Offences Act. City of Kitchener enables penalties as follows:
• For contravention by a person
0 on a first conviction, to a fine not exceeding $25,000; and,
0 on any subsequent conviction, to a fine not exceeding $50,000.
• For contravention by a corporation
0 on a first conviction, to a fine not exceeding $50,000; and,
0 on any subsequent conviction, to a fine not exceeding $100,000.
In addition to minimum and maximum fines for a first and subsequent conviction,
most of the other municipalities (City of Cambridge, City of Guelph, City of
Mississauga, City of London) prescribe a minimum fine of $500 and minimum and
maximum fines per tree. They also clarify that in case of multiple offences, the total
of all daily fines is not limited to the maximum. In most cases, the maximum fine is
$100,000.
Resources for Administration of Tree Conservation Processes
The extent of tree regulation on public and private properties is closely linked with
resources available with a municipality to implement these regulations. All municipalities
have different staff complement available at their end which is summarized in Table 5.
Typically, the duties are observed to be divided amongst Planning and Forestry teams
with assistance from By-law Enforcement, similar to what the City of Kitchener currently
has.
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Table 5. Staff Resources available with select municipalities
Municipality
Staff Resources
• 1 full time Manager, assigns public by-law related work to
staff as needed and based on capacity
City of Kitchener
• 2 full time Environmental Planners, review planning
applications and administer the private tree by-law in
addition to other duties
• 1 full time supervisor, assigns bylaw related work to staff
City of Waterloo
as needed
• 1 full time Planner to review development applications
• 1 full time Forestry Technician
City of Cambridge
• 2 full time bylaw staff for property standards and private
tree bylaw
�•
1 full time environmental planner, reviews planning
applications
City of Guelph
• 4 full time inspectors
o 3 development related inspectors
o 1 non -development related inspector
_
• 1 full time supervisor (Forest Protection)
Town of Oakville
City of London
Citv of Mississauga
• 4 full time staff and 2 seasonal staff (Forest Protection),
all are bylaw officers able to enforce the bylaw
• 2 full time staff (Development Services)
• 1 full time supervisor (Forestry Operations)
• 3 full time forestry inspectors
• 1 full time Landscape Architect reviews all development
applications for private and public tree impacts
Full staff complement unknown, there is a Tree Preservation
and Protection supervisor.
• 3 full time urban forest health technicians, public tree
review for city projects, planning applications and
homeowners
• 2 full time Natural Heritage Planners, private tree review
nilton for planning applications
• 4 full time Forestry Investigators (these staff inventory
trees in the public realm and notify Forest Health
Technicians if bylaw contraventions are observed).
• 1 full time bylaw officer for private tree bylaw; woodland
conservation bylaw and property standards
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Municipality
Staff Resources
Town of New Tecumseth
1 full time staff for by-law and development applications
• 25 staff across 3 Forestry Branches covering Urban
Forestry Policy and Planning, Forest Policy Standards
City of Toronto
and Tree Protection and Plan Review. The Tree
Protection and Plan Review branch most involved in the
bylaws/ravine protection has a manager plus 4
supervisors and 1 project manager, plus support staff
• 3 full time technical staff review and assess public trees
for city projects and development
City of Vancouver
• Landscape Development Team enforces the private tree
bylaw this includes
o 1 full time landscape planner
o 3 full time technical staff
• 4 full time staff and 4 seasonal staff
City of Edmonton
• 2 full time staff (urban foresters) for permit in natural
areas
• 2 full-time bylaw officers to support
• 14 staff responsible for implementing the Tree protection
Bylaw on private land
City of Surrey . additional 10 staff are responsible for overseeing the
protection of trees on public land that is associated with
development
Note: Staff resourcing information has been collected through municipal interviews and/or
municipal staff reports published and available in the public domain.
Other Learnings
Additional opportunities were identified from conversations with municipalities and their
experiences administering tree conservation and management tools. These are:
• Education and communication
Educating stakeholders and communicating the processes around tree
conservation clearly can contribute positively towards the success of conserving
trees.
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• Notification procedures and monitoring
Municipalities have communicated advantages of monitoring changes in tree
canopy through tree permits and development applications, and benefits in
establishing notification procedures where injury or destruction of a tree does not
require a permit or development application. Some municipalities have embedded
notification procedures in previous versions of their by-laws to gather data and
made informed updates.
• Bylaw review intervals
Some municipalities use data collected through their notification procedures and
monitoring to review their bylaws at set intervals or on an annual basis and may
make necessary updates and changes to ensure bylaws are effective.
• Foresters plus by-law officers
Municipalities where foresters were also by-law officers conveyed advantages of
foresters to be able to enforce by-laws, including the ability to issue orders and
penalties.
• Professionals licensed with the municipality
Some municipalities require professionals working on trees within their
jurisdictions to be licensed with the municipality. This helps with build relationships
between municipal staff and contractors, as well as improve bylaw compliance.
• Tree incentive programs
Some municipalities have conveyed advantages and success of certain tree
incentives programs providing the public with financial support to maintain and
retain a specified size of trees on private properties.
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4 CONCLUSION
The review of existing processes for tree conservation and management on public and
private lands in the City of Kitchener and in other municipalities demonstrates that the
City of Kitchener uses all tools available to conserve and manage trees. This includes the
Sustainable Urban Forest Strategy, the Official Plan, the Zoning By-law, the Tree
Management Policy, the Tree By-law, the Tree Conservation By-law, and the
Development Manual.
However, the review also shows Kitchener's approach differs with respect to the
mechanisms and processes in place to support tree conservation. There is opportunity to
learn from other municipalities and improve Kitchener's tree conservation processes. A
second phase of the project is recommended to further evaluate specific enhancement
opportunities aimed at strengthening and extending Kitchener's tree conservation tools.
Updates are recommended to be based on a measured approach that assesses staff
resources needed to achieve the necessary level of improvement, budget implications,
the anticipated improvement in level of tree protection, turnaround time for
implementation and other possible advantages/disadvantages.
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GLOSSARY
Good Forestry Practices — As defined by the Forestry Act, means the proper
implementation of harvest, renewal and maintenance activities known to be appropriate
for the forest and environmental conditions under which they are being applied and that
minimize detriments to forest values including significant ecosystems, important fish and
wildlife habitat, soil and water quality and quantity, forest productivity and health and the
aesthetics and recreational opportunities of the landscape.
Green Infrastructure - Natural and human -made elements that provide ecological and
hydrological functions and processes. Green infrastructure can include components such
as natural heritage features and systems, parklands, stormwater management systems,
street trees, urban forests, natural channels, permeable surfaces, and green roofs.
Tree canopy - The layer of branches, stems, and leaves of trees that cover the ground
when viewed above.
Tree canopy, Existing - The amount of urban tree canopy present when viewed from
above using aerial or satellite imagery
Tree canopy, Potential - The amount of area, including all the grass, shrub, and bare
soil areas where trees could be planted. This includes all the city's greenspace areas,
including many areas that would not be planted with trees because of their current use
such as: flower/food gardens, grassed areas, playfields, sports fields, golf courses, public
spaces and agricultural lands.
Urban Forest — The trees, forests, greenspace and related abiotic, biotic and cultural
components, all elements of green infrastructure, in the City. It includes all trees, and
forest cover in the City as well as related components in surrounding rural areas
Woodland — Treed areas that provide environmental and economic benefits to both the
private landowner and the general public, such as erosion prevention, hydrological and
nutrient cycling, provision of clean air and the long-term storage of carbon, provision of
wildlife habitat, outdoor recreational opportunities, and the sustainable harvest of a wide
range of woodland products. Woodlands include treed areas, woodlots or forested areas.
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Woodland, Locally Significant - A woodland less than 4 hectares in size which is
ecologically important in terms of: i) features such as species composition, age of trees
and stand history; ii) functionally important due to its contribution to the broader landscape
because of its location, size or due to the amount of forest cover in the planning area; or,
iii) economically important due to site quality, species composition, or past management
history.
Woodland, Significant — A woodland that meets all of the following criteria: i) greater
than 4 hectares in size, excluding any adjoining hedgerows; ii) consisting primarily of
native species of trees; and, iii) meets the criteria of a woodland in accordance with the
provisions of the Region of Waterloo Woodland Conservation By-law.
.V
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BIBLIOGRAPHY
City of Cambridge. (2002). Tree Management Policies and Guidelines For New
Developments. Cambridge, ON. Retrieved from
https-//www.cambridge.ca/en/learn-about/resources/Tree-Management-Policies-
and-Guidelines.pdf
City of Cambridge. (2006). City Tree By-law No. 71-06. Retrieved from
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City of Cambridge. (2012). Cambridge Official Plan. Cambridge, ON. Retrieved from
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2018-Official-Plan-Consolidation-AODA-2018-09-25.pdf
City of Cambridge. (2015). Urban Forest Plan 2015-2034. Cambridge, ON. Retrieved
from https-//www.cambridge.ca/en/learn-about/resources/Accessible-
PD Fs/Cam bridge -U rba n -Forest -Plan -2015-2034. pdf
City of Cambridge. (2018). Private Tree By-law 124-18. Retrieved from
https-//www.cam bridge.ca/en/learn-about/resources/Private-Tree-Forestry-By-
Law-124-18. pdf
City of Edmonton. (2012). Urban Forest Management Plan: Edmonton's Urban Forest -
Taking Root Today for a Sustainable Tomorrow. Edmonton, AB. Retrieved from
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files/assets/document?path=PDF/Urban_Forest_Management_Plan. pdf
City of Edmonton. (2020). City Plan. Edmonton, AB. Retrieved from
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plan
City of Edmonton. (2020). Corporate Tree Management and Tree Reserve Procedure.
Edmonton, AB. Retrieved from https-//www.edmonton.ca/sites/default/files/public-
files/assets/PDF/Corporate-Tree-Management-Tree-Reserve-Procedure. pdf
City of Edmonton. (2020). Corporate Tree Management Policy C456C. Edmonton, AB.
Retrieved from https-//www.edmonton.ca/sites/default/files/public-
files/documents/PDF/Corporate-Tree-Management-Policy-C456C.pdf
City of Guelph. (2010). Private Tree Protection By-law (2010) - 19058. Retrieved from
https-//gueIph.ca/wp-content/uploads/TreeBylaw. pdf
City of Guelph. (2012). The City of Guelph Official Plan. Guelph, ON. Retrieved from
https-//guelph.ca/wp-content/uploads/Official-Plan-February-2022-
Consolidation. pdf
City of Guelph. (2012). Urban Forest Management Plan 2013-2032. Guelph, ON.
Retrieved from https-//guelph.ca/wp-content/uploads/151012_UFMP=
Attachment4. pdf
41
Page 114 of 191
City of Guelph. (2019). Tree Technical Manual. Guelph, ON. Retrieved from
https-//guelph.ca/wp-content/uploads/Tree-Technical-Manual. pdf
City of Hamilton. (2006). Public Trees Bylaw 15-125. Retrieved from
https://www. ham ilton.ca/sites/defau It/files/2022-06/15-125. pdf
City of Hamilton. (2006). Rural Hamilton Official Plan. Hamilton, ON. Retrieved from
https://www. ham ilton.ca/build-invest-grow/planning-development/official-
plan/rural-hamilton-official-plan
City of Hamilton. (2009). Urban Hamilton Official Plan. Hamilton, ON. Retrieved from
https://www. ham ilton.ca/build-invest-grow/planning-development/official-
plan/urban-hamilton-official-plan
City of Hamilton. (2010). Tree Protection Guidelines - City Wide. Hamilton, ON. Retrieved
from https://www. ham ilton.ca/sites/default/files/2022-05/pedpolicies-tree-
protection-guidelines) .pdf
City of Kitchener. (1985). Zoning By-law 85-1. Retrieved from
https-//www.kitchener.ca/en/Development-and-construction/zoning-bylaw.aspx
City of Kitchener. (1987). Tree By-law 87-293. Retrieved from
https-//If.kitchener.caMebLinkExt/DocView.aspx?dbid=0&id=1412718
City of Kitchener. (2002). Tree Management Policy 1-1160. Retrieved from
https-//www.kitchener.ca/en/resourcesGeneral/Documents/INS_OPS_Treemana
gementpolicy.pdf
City of Kitchener. (2005). By-law 2005-140. Retrieved from
https-//If.kitchener.ca/WebLinkExt/DocView.aspx?dbid =0&id=1412711 &cr=1
City of Kitchener. (2010). Site Alteration By-law 2010-043. Retrieved from
https-//www. kitchener.ca/en/resourcesGeneral/Documents/DSD_ENG_Site_Alter
ation_bylaw.pdf
City of Kitchener. (2010). Tree Conservation By-law 2010-042. Retrieved from
https-//www.kitchener.ca/en/resourcesGeneral/Documents/DSD_PLAN_Tree-
Conservation-
Bylaw.pdf#:-r:text=AND%20WHEREAS%20the%20City%20of%20Kitchener%20
deem s%20it, control ling%20the%20removal%2C%20maintenance%20and%20pr
o-tection%20of%20trees%3B
City of Kitchener. (2014). City of Kitchener Official Plan: A Complete & Healthy Kitchener.
Kitchener, ON. Retrieved from
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Kitchener Off icial_Plan_2014.pdf
City of Kitchener. (2016). Integrated Stormwater Management Master Plan (ISWM-MP):
Implementation Plan. Kitchener, ON. Retrieved from
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er_Master Plan_Implementation_PIan.pdf
'A
Page 115 of 191
City of Kitchener. (2017). Property Standards By-law 2017-129. Retrieved from
https-//If.kitchener.ca/WebLinkExt/DocView.aspx?dbid =0&id=1737934&cr=1
City of Kitchener. (2019). Complete Streets Kitchener: Streets for All. Kitchener, ON.
Retrieved from
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plete_Streets_Guidelines_Kitchener.pdf
City of Kitchener. (2019). It's a Tree's Life: Kitchener's Sustainable Urban Forest Strategy
2019-2028. Kitchener, ON. Retrieved from
https-//www. kitchener.ca/en/resourcesGeneral/Documents/INS_PARKS_Urban_
Forest_Strategy. pdf
City of Kitchener. (2019). Kitchener, Changing for Good - Our coprorate climate action
plan for sustainability. Kitchener, ON. Retrieved from
https-//www. kitchener.ca/en/resourcesGeneral/Documents/DSD_Kitcheners_Cor
porate_Climate_Action_Plan.pdf
City of Kitchener. (2019). Urban Design Manual. Kitchener, ON. Retrieved from
https-//www.kitchener.ca/en/development-and-construction/urban-design.aspx
City of Kitchener. (2019). Zoning By-law 2019-051. Retrieved from
https-//www.kitchener.ca/en/Development-and-construction/zoning-bylaw.aspx
City of Kitchener. (2021). Development Manual. Kitchener, ON. Retrieved from
https-//www. kitchener.ca/en/resourcesGeneral/Documents/DSD_ENG_Developm
ent_Manual_2021.pdf
City of Kitchener. (2021). Kitchener's Tree Canopy Technical Report July 2021.
Kitchener, ON.
City of London. (2014). City of London Urban Forest Strategy: Implementation Plan.
London, ON. Retrieved from https://pub-
Iondon.escribemeetings.com/filestream.ashx?Documentld=14149
City of London. (2016). The London Plan (Official Plan). London, ON. Retrieved from
https-//Iondon.ca/government/council-civic-administration/master-plans-
strateg ies/Iondon-plan -off icial-plan
City of London. (2019). Boulevard Tree Protection By-law - CP - 22. Retrieved from
https-//Iondon.ca/by-laws/boulevard-tree-protection-law-cp-22
City of London. (2020). Tree Protection By-law C.P.-1555-252. Retrieved from
https-//Iondon.ca/by-laws/consolidated-tree-protection-law
City of Mississauga. (2010). Mississauga Official Plan. Mississauga, ON. Retrieved from
https-//m ississauga.ca/projects-and-strateg ies/strateg ies-and-plans/m ississauga-
official-
plan/#---text=Mississauga%20Official%20PIan%20guides%20how%20the%20Ci
ty%20will,Mississauga%2C%20including%20transportation%2C%20housing%2
C%20culture%20and%20... %20
43
Page 116 of 191
City of Mississauga. (2014). A Guide to Mississauga's Natural Heritage and Urban Forest
Strategy. Mississauga, ON. Retrieved from https-//www.mississauga.ca/wp-
content/u ploads/2020/09/14131538/N H U FS_G u ide. pdf
City of Mississauga. (2014). Natural Heritage and Urban Forest Strategy. Mississauga,
ON. Retrieved from https-//www.mississauga.ca/wp-
content/u ploads/2020/09/14131525/F I NAL_n h ufs. pdf
City of Mississauga. (2014). Urban Forest Management Plan. Mississauga, ON.
Retrieved from https-//www.mississauga.ca/wp-
content/u ploads/2020/09/14131529/F I NAL_ufm p. pdf
City of Mississauga. (2022). Private Tree Protection By-law 0021-2022. Retrieved from
https Wwww. miss issa u ga. ca/w p -co nte nt/u pload s/2018/09/30121717/Private-Tree-
Protection-By-law-0021-2022.pdf
City of Mississauga. (2022). Public Tree Protection By-law 0020-2022. Retrieved from
https Wwww. miss issa uga.ca/wp-content/u pload s/2022/03/31134316/Pu b is -Tree -
Protection -By -law -0020-2022. pdf
City of Surrey. (2014). Official Community Plan. Surrey, BC. Retrieved from
file:///C:/Users/gaurangk/OneDrive%20-
%20kitchener.ca/Documents/Projects/Tree%20Conservation%20Processes%20
Review/2.%20Data%20Collection/Municipal ities/City%20of%20Surrey/Official%2
OComm u n ity%20PIan%20_%20City%20of%20Su rrey. htm I
City of Surrey. (2023). Trees & Landscape: Land Development Requirements. Retrieved
from City of Surrey: https-//www.surrey.ca/renovating-building-development/trees-
yard-garden/trees-landscape-land-development-requirements
City of Surrey. (2023). Urban Forest Management Strategy. Surrey, BC. Retrieved from
https-//www.surrey.ca/sites/default/files/media/documents/surrey-urban-forest-
management-strategy.pdf
City of Surrrey. (2006). Surrey Tree Protection Bylaw, 2006 No. 16100. Retrieved from
https-//www.surrey.ca/sites/default/files/bylaws/BYL_reg_l 6100_2. pdf
City of Toronto. (2000). Trees on City Streets By-law 388-2000. Retrieved from
https-//www.toronto.ca/legdocs/municode/l 184_813. pdf
City of Toronto. (2002). Official Plan. Toronto, ON. Retrieved from
https-//www.toronto.ca/city-government/planning-development/official-plan-
guidelines/official-plan/
City of Toronto. (2002). Ravine and Natural Feature Protection By-law 838-2002.
Retrieved from https,//www.toronto.ca/Iegdocs/municode/l184_658.pdf
City of Toronto. (2004). Private Tree Protection By-law 780-2004. Retrieved from
https-//www.toronto.ca/legdocs/municode/l 184_813. pdf
Page 117 of 191
City of Toronto, Parks, Forestry & Recreation, Urban Forestry. (2016). Tree Protection
Policy and Specifications for Construction Near Trees. Toronto, ON. Retrieved
from https-//www.toronto.ca/data/parks/pdf/trees/tree-protection-specs.pdf
City of Toronto, Parks, Forestry and Recreation, Urban Forestry. (2013). Sustaining &
Expanding the Urban Forest: Toronto's Strategic Forest Management Plan.
Toronto, ON. Retrieved from https-//www.toronto.ca/wp-
content/uploads/2017/12/8e0e-Strategic-Forest-Management-Plan-2012_22. pdf
City of Vancouver. (1986). Street Tree By-law 5985. Retrieved from
https-//vancouver.ca/docs/bylaws/5985c. PD F
City of Vancouver. (2009). Protection of Trees By-law 9958. Retrieved from
https://bylaws.vancouver.ca/9958c.PDF
City of Vancouver. (2022). Vancouver Plan. Vancouver, BC. Retrieved from
https-//vancouverplan.ca/wp-content/uploadsNancouver-Plan-2022-09-23-1.pdf
City of Vancouver and Vancouver Park Board. (2018). Urban Forest Strategy: 2018
Update. Vancouver, BC. Retrieved from https-//vancouver.ca/files/cov/urban-
forest-strategy. pdf
City of Waterloo. (2012). Official Plan. Waterloo, ON. Retrieved from
https-//www.waterloo.ca/en/government/resources/Documents/Cityadm inistration
/Official-plan/2022/COW OP_Consolidation_Nov2022.pdf
City of Waterloo. (2013). Development Engineering Manual. Waterloo, ON. Retrieved
from https-//www.waterloo.ca/en/government/development-engineering-
manual.aspx
City of Waterloo. (2014). Protection of Trees on City Property Bylaw 2014-078. Retrieved
from https-//www.waterloo.ca/en/living/city-tree-bylaw.aspx
Conservation Authorities Act, Revised Statutes of Ontario. (1990, c. C.27). Retrieved from
https-//www.ontario.ca/laws/statute/90c27
Dunster, J. A. (2018). Trees and the Law in Canada. Victoria, BC: Dunster & Associates
Environmental Consultants Ltd.
Forestry Act, Revised Statutes of Ontario. (1990, c. F.26). Retrieved from
https-//www.ontario.ca/laws/statute/90f26
Invasive Species Act, 2015, Statutes of Ontario. (2015, c. 22). Retrieved from
https-//www.ontario.ca/laws/statute/l 5122
Municipal Act, 2001, Statutes of Ontario. (2001, c. 25). Retrieved from
https-//www.ontario.ca/laws/statute/01 m25
Ontario Heritage Act, Revised Statutes of Ontario. (1990, c. 0.18). Retrieved from
https-//www.ontario.ca/laws/statute/90ol 8
Planning Act, Revised Statutes of Ontario. (1990, c. P.13). Retrieved from
https-//www.ontario.ca/laws/statute/90pl 3
45
Page 118 of 191
Region of Waterloo. (2008). By -Law Number 08-026. Retrieved from
https-//www.regionofwaterloo.ca/en/regional-government/land-use-
planning.aspx#Regional-Official-Plan
Region of Waterloo. (2010). Regional Official Plan 2031. Waterloo, ON. Retrieved from
https-//www. regionofwaterloo.ca/en/regional-government/land-use-
planning.aspx#Regional-Official-Plan
The Corporation of the City of Stoney Creek. (1996). Tree By-law (Stoney Creek) 4401-
96. Retrieved from https://www. ham ilton.ca/sites/default/files/2022-02/private-
property-stoney-creek-4401-96-amendments.pdf
The Corporation of the Town of Ancaster. (2000). Tree Protection By-law (Ancaster)
2000-118. Retrieved from https://live-city-of-
ham ilton. pantheonsite. io/sites/defau It/files/2022-02/private-property-ancaster-
2000-118-amendments. pdf
The Corporation of the Town of Dundas. (1999). Tree Protection By-law (Dundas) 4513-
99. Retrieved from https://live-city-of-
ham ilton. pantheonsite.io/sites/default/files/2022-02/private-property-dundas-
4513-99-amendments.pdf
Town of New Tecumseth. (2019). New Tecumseth Official Plan. New Tecumseth, ON.
Retrieved from https-//www. newtecumseth.ca/en/town-
hall/resources/Documents/Official-Plan-Review-/Final New-Tecumseth-
OP_Aug ust-2019-w-Appeal-Note-September-2020. pdf
Town of New Tecumseth. (2022). Technical Tree Guidelines. New Tecumseth. Retrieved
from https-//www.newtecumseth.ca/en/resources/Public-
Works/TechnicalTreeGuidelines2022. pdf
Town of New Tecumseth. (2022). Tree By-law 2022-063. Retrieved from
https-//www.newtecumseth.ca/en/resources/Public-Works/2022-063 --- Tree -By-
law --- Signed.pdf
Town of New Tecumseth. (2022). Tree Management Policy PW-POL-001-2022. New
Tecumseth, ON. Retrieved from
https-//www. newtecumseth.ca/en/resources/Public-Works/Tree-Management-
Policy-.-Only.pdf
Town of Oakville. (2008). Urban Forest Strategic Management Plan Town of Oakville:
2008-2027. Oakville, ON. Retrieved from
https-//www.oakville.ca/getmedia/32159fb9-20e8-469b-a39a-
4c80e2b7f333/urban-forest-strategic-management-plan. pdf
Town of Oakville. (2009). Livable Oakville: Town of Oakville Official Plan. Oakville, ON.
Retrieved from https-//www.oakville.ca/getmedia/ef94282b-3dl7-49b9-8396-
3e671 d8b7187/business-development-planning-livable-oakville-official-plan.pdf
Town of Oakville. (2009). Town Tree Protection By-law 2009-025. Retrieved from
https-//assets.oakviIle.ca/blis/BylawIndexLibrary/2009-025. pdf
ER
Page 119 of 191
Town of Oakville. (2012). North Oakville Urban Forest Strategic Management Plan.
Oakville, ON. Retrieved from https-//www.oakville.ca/getmedia/b04f06de-871 b-
4d56-82ae-419de57317a7/forestry-north-oakville-urban-forest-strategic-
management.pdf
Town of Oakville. (2017). Private Tree Protection By-law 2017-038. Retrieved from
https-//www.oakville.ca/getmedia/79a98834-2al c-4b68-bfa3-
a24ff3191 e38/bylaw-2017-038-private-tree-protection-consolidated. pdf?ext=. pdf
Town of Oakville. (n.d.). Tree Protection Protection During Construction Procedure.
Oakville, ON. Retrieved from https-//www.oakville.ca/town-hall/policies-
proced u res/tree-protection-and-tree-canopy-preservation-pol icy/tree-protection-
d u ring-construction-proced u re/
Webber, K., Le Geyt, M., O' Neill, T., & Murugesan, V. (2020). Guiding Urban Forestry
Policy into the Next Decade: A Private Tree Protection & Management Practice
Guide. Waterloo, ON. Retrieved from
https-//uwaterloo.ca/planning/sites/ca. plan ning/files/uploads/files/privatetreeprote
ctionandmanagementpracticeguide_2020.pdf
47
Page 120 of 191
APPENDICES
Page 121 of 191
APPENDIX A:
Municipal Urban Forest Management Plans: Actions and/or Recommendations
Page 122 of 191
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APPENDIX B:
Municipal Official Plans: Policies regarding tree conservation
Page 147 of 191
City of Kitchener
SECTION 4: HOUSING
Policies
Additional Dwelling Units, Attached and Detached
4.C.1.24. The City, in accordance with Planning Act and other applicable legislation, will permit a stand-alone
additional dwelling unit (detached), as an ancillary use to single detached dwellings, semi -detach dwellings and
street townhouse dwellings. The following criteria will be considered as the basis for permitting an additional
dwelling unit (detached). d) other requirements such as servicing, parking, access, stormwater management,
tree preservation, landscaping and the provision of amenity areas.
SECTION 7: NATURAL HERITAGE & ENVIRONMENTAL MANAGEMENT
7.C.2 Natural Heritage System
Policies
7.C.2.3. Illegal acts resulting, or having resulted, in a reduction in the form or function of a natural heritage
feature, including but not limited to such acts as tree removal, wetland filling or draining, or the diverting of
watercourses, will not be recognized as existing conditions within the development review process. Restoration
of the damaged area may be required prior to, or as a condition of, approval of any development applications.
7.C.2.4. The removal, destruction or injuring of woodlands and/or trees will be regulated through the City's
Tree Conservation By-law.
SECTION 8: PARKS, OPEN SPACE, URBAN FORESTS AND COMMUNITY FACILITIES
8.C.2 Urban Forests
Policies
8.C.2.2. The City, in accordance with the Parks Strategic Plan, will develop an Urban Forest Management
Strategy including a tree inventory and an update of the Woodland Management Program.
8.C.2.3. The City, in accordance with the Parks Strategic Plan, will protect the natural environment through
greening and naturalization initiatives and policies, restoration and management of City -owned natural areas
and the urban forest, and natural areas stewardship and education programs.
8.C.2.4. The City, in accordance with the Parks Strategic Plan, will implement a tree planting and replacement
program and support natural area and urban woodland retention and maintenance.
8.C.2.5. The City will encourage landscaping on public and private lands to preserve and complement the
existing natural landscape. The City will direct the use of a mix of indigenous plant species and trees having
historic or cultural significance in these landscape areas.
8.C.2.6. The City will incorporate existing and/or new trees into the streetscape or road rights-of-way and
encourage new development or redevelopment to incorporate, protect and conserve existing healthy trees and
woodlands in accordance with the Urban Design Policies in Section 11, the Urban Design Manual and the
Development Manual.
Trees and Natural Areas on Public Property
8.C.2.7. The City will, where appropriate, reforest and naturalize parks, open space and stormwater
management areas.
8.C.2.8. Wherever feasible and appropriate, species native to the region will be used in roadside plantings,
stormwater management facilities and park naturalization projects.
Page 148 of 191
8.C.2.9. The City will promote and encourage the protection and wise management of trees located within and
outside a road right-of-way and encourage public authorities to give due consideration to their preservation
when undertaking infrastructure projects and regular maintenance.
8.C.2.10. The City will require the replacement of any trees damaged or removed from an existing road right-
of-way due to a development or infrastructure project.
8.C.2.11. By-laws enacted under the Municipal Act will contain details and regulations pertaining to protection,
planting, care and maintenance of City trees within a public right-of-way and regulate and ensure the
appropriate use of the City's natural areas including parks.
Trees on Private Property
8.C.2.12. The City will encourage the reforestation, wise management and improvement of privately owned
trees and woodlands within the City.
8.C.2.13. Tree removal on private property will be subject to the City Tree Conservation By-law where
applicable.
8.C.2.14. The City will, whenever possible, provide guidance and advice for the reforestation, wise
management and improvement of privately owned trees and woodlands within the city.
8.C.2.15. The City may require existing trees and vegetation to be retained through the Site Plan Approval
process to act as buffers to minimize potential adverse effects to sensitive natural areas.
Development or Site Alteration
8.C.2.16. The City will require the preparation and submission of a tree management plan in accordance with
the City's Tree Management Policy, where applicable, as a condition of a development application. Any tree
management plan must identify the trees proposed to be removed, justify the need for removal, identify the
methods of removal and specify an ecologically sound tree replacement scheme and any mitigative measures
to be taken to prevent detrimental impacts on remaining trees.
8.C.2.17. The City will consider the importance of woodlands, not classified as significant, during the
development review process by considering the following: a) the potential impact of the proposed
development, redevelopment or site alteration on the ecological functions of the woodland; b) the impact of the
proposed development, redevelopment or site alteration on the extent and distribution of woodland cover in the
watershed, the city and the local planning community; and, c) opportunities to restore or re-establish productive
forest habitats consisting of native species following the completion of the proposed development.
8.C.2.18. The City will minimize the impact of development, redevelopment or site alteration on woodlands, not
classified as significant through the implementation of appropriate mitigation measures, which may include
compensation.
8.C.2.19. When considering development, redevelopment or site alteration proposals, the City may require the
protection and enhancement of hedgerows, especially where: a) they link other elements of the Natural
Heritage System; b) wildlife regularly use them as habitat or movement corridors; c) they are composed of
mature, healthy trees; d) they contain trees that are rare, unique, culturally important or over 100 years in age;
or, e) they contribute to the aesthetics of the landscape.
8.C.2.20. Where trails may be permitted within woodlands and natural areas, trails will be designed to allow for
educational and/or interpretive opportunities and informal trails and trail widenings will be discouraged.
15.D.2 Urban Growth Centre (Downtown)
Green Areas
Page 149 of 191
15.D.2.33. The City may identify and establish a plan and hierarchy for green areas within the Urban Growth
Centre (Downtown) to contribute to a liveable Downtown and develop a strategy for implementing new tree
plantings.
Innovation District
15.D.2.56. The City may require new buildings to be set back from the street line to accommodate continuous
landscaped promenades for sitting and walking. The City will encourage the enhancement of streetscapes
within this District to soften the District's bold building edges by encouraging the maximizing of street trees and
the incorporation of decorative landscaping and public art.
17.E.9 Community Improvement Plans
17.E.9.2. Community Improvement Project Areas may be established by Council and designated by by-law, in
accordance with the provisions of the Planning Act, as long as the area satisfies one or more of the following
criteria: f) there are deficient streetscapes in terms of poor roads, curbs, sidewalk, boulevards, tree planting,
street furniture and street lighting
17.E.22 Site Plan Control
17.E.22.3. Proposed development or redevelopment within the Site Plan Control Area may not be permitted
until such time as the City has approved drawings showing plan, elevation and cross-section views for all
buildings to be erected (including all buildings to be used for residential purposes regardless of the number of
units) and for other site development works sufficient to display the following: b) Design elements within and/or
adjacent to City and/or Regional right-of-way, including without limitation: i) trees, shrubs and/or hedges ii)
other plantings and groundcover
Page 150 of 191
City of Waterloo
3.11 URBAN DESIGN
3.11.1 General Urban Design Policies
(5) Existing Site Features: Identify opportunities to retain prominent site features and vegetation through
sensitive or innovative design strategies and to protect adjacent site features and vegetation on abutting
properties through the development review process including, but not limited to, the location and massing of
buildings, site grading, landscape and buffer opportunities, tree protection measures and alternative
stormwater management strategies.
(22) Landscape Design: To design sites with a balanced distribution of hard and soft landscaping that
contributes toward a coordinated and enhanced site design, streetscape character, create a sense of place,
and an aesthetically pleasing comfortable pedestrian environment. Specific treatment may also be required to
address a range of considerations such as screening objectives, landscape buffers to promote land use
compatibility, the provision of large canopy trees to provide respite from the sun, streetscape character and
opportunity for integrated amenity spaces and sustainable design.
(23) Site Amenities: Design sites and buildings to include a range of on-site amenities such as benches, trash
receptacles, bike parking, large canopy trees and/or shade structures to provide for more healthy active
outdoor and urban spaces for social gathering, relaxation and enjoyment that results in a higher quality of life.
(24) Sustainable Design: The City shall promote sustainable design practices in the public and private realm
through a variety of strategies, including but not limited to: (c) incorporation and integration of trees, shrubs,
hedges planting or other ground cover, permeable paving materials, street furniture, curb ramps, waste and
recycling containers and bicycle parking in the public and private realm
3.11.4 Urban Design within Station Areas
(4) Pedestrian Oriented: Station Areas shall be pedestrian oriented places that are safe, accessible,
connected, and easy to navigate for people of all abilities. Connectivity to and from transit stops to buildings
will be a priority and shall be enhanced by: (c) Improving pedestrian comfort with shade trees and landscaped
boulevards
(9) Parking: Parking within Station Areas shall be designed and organized here it will not detract from the
public realm or mobility. Design of parking areas shall: (f) Require the perimeters of surface parking lots to be
landscaped with trees and other appropriate planting materials; and, (g) Encourage the interior areas of
parking lots to include landscaped islands. Landscaped islands should be of sufficient size to ensure growth of
trees and complementary vegetation.
8.2 NATURAL HERITAGE
8.2.2 General Policies
(16) If illegal acts, including but not limited to tree removal, wetland filling or draining, or diverting of
watercourses, cause a reduction in the form or function of a natural feature, such reduced form or function will
not be recognized as existing conditions within the development application review process. Restoration of the
damaged area may be required prior to, or as a condition of approval of any development application,
excluding site plan applications, and where applicable, through the City's Site Alteration By-law.
8.2.5 Supporting Natural Features
(20) Notwithstanding policy 8.2.5(16) and 8.2.5(18), development or site alteration within Other Woodlands that
has the effect of disrupting or reducing ecological function may be permitted subject to an evaluation of
significance. Significance will be evaluated based on composition, age, size, connectivity, representation in the
vicinity, and potential contribution to community design. Where the removal of an Other Woodland, in part or in
whole, is permitted, compensation in the form of woodland restoration or enhancement, on-site or off-site, may
Page 151 of 191
be required. Where it is considered appropriate to maintain an Other Woodland, in part or in whole, the
protection of trees will be required through such measures as Tree Preservation Plans, landowner
stewardship, zoning provisions, or public ownership.
8.2.9 Urban Forest
(1) The City recognizes the urban forest as providing significant ecological, social, and economic benefits. The
City will encourage the protection, restoration, wise management, and expansion of the urban forest.
(2) It is the City's intent to protect existing trees and plant new ones where feasible and appropriate. When
considering development applications and site alteration permit applications, the City will require that only the
trees that directly impede the proposed work be removed and that the applicant replace them in reasonable
amount, with trees of sufficient maturity. The amount and maturity of replacement trees will be determined
based on the amount, maturity, species, and health of the trees to be removed. A Tree Preservation Plan may
be required to provide an inventory of all trees on the site, an assessment of their health and condition,
recommendations regarding which trees should be saved and which will be removed, tree protection
measures, and replacement trees. As part of any Tree Preservation Plan, the City may require tree- loss totals
and corresponding compensation estimates. Tree Preservation Plans must be prepared by qualified
professionals.
(3) When considering development applications and site alteration permit applications, the City may require the
protection and enhancement of hedgerows, especially where: (a) they link other elements of the Natural
System; (b) wildlife regularly use them as habitat or movement corridors; (c) they are composed of mature,
healthy trees; 150 (d) they contain trees that are rare, unique, culturally important, or over 100 years in age; or
(e) they contribute to the aesthetics of the landscape.
(4) Where the City is undertaking infrastructure work, the urban forest will be protected and preserved, where
feasible. If it is necessary for infrastructure work to remove any trees, the City will compensate by re- planting
in reasonable amount on or offsite, with trees of sufficient maturity. The amount and maturity of replacement
trees will be determined based on the amount, maturity, species, and health of the trees to be removed. A Tree
Preservation Plan may be required to provide an inventory of all trees on the site, an assessment of their
health and condition, recommendations regarding which trees should be saved and which will be removed,
tree protection measures, and replacement trees.
(5) Opportunities for tree planting on City -owned lands will be identified and implemented in coordination with
other public agencies and local interest groups, as required. The City will plant native species that are
ecologically appropriate and suitable for site conditions, where feasible.
(6) The City will implement planting programs of desired and compatible species, with preference given to
native species, on public lands or, in conjunction with landowners, on private lands.
(7) To generate appreciation and stewardship towards the urban forest, the City will encourage public
education and involvement.
(8) The City will support and enhance the urban forest by implementing urban design standards that protect
street trees, in particular in terms of preservation of existing root structures and preventing soil compaction.
8.2.12 Major Urban Greenlands
(2) The City, in collaboration with the Region, the Grand River Conservation Authority, and other stakeholders,
will develop and implement an Urban Greenlands Strategy that: (c) promotes green roofs, community gardens,
and tree planting
8.6 AIR QUALITY AND CLIMATE CHANGE
8.6.2 General
Page 152 of 191
(3) The City will promote and undertake tree planting and landscaping initiatives to enhance and improve the
urban forest as a means of improving air quality and minimizing contributions to climate change through
shading, sheltering, screening, and increasing carbon sinks. The City will also promote the protection,
restoration, wise management, and expansion of the urban forest as a means of pollution mitigation and
carbon sequestration.
8.7 ENVIRONMENTAL SUSTAINABILITY
8.7.4 Community Gardens
(4) The City will encourage backyard, roof top, and workplace gardening, as well as edible landscaping and
fruit -bearing trees to complement community gardens.
10.5 OPEN SPACE LAND USE POLICIES
10.5.2 OPEN SPACE LAND USE DESIGNATIONS
10.5.2.1 Parks and Other Green Spaces
(14) Existing trees within municipal parkland blocks should be saved wherever feasible to support the health of
the urban forest. The planting of trees within municipal parkland blocks is encouraged to provide shade and to
enhance the urban forest.
(18) The City of Waterloo will endeavour to provide parks and trails that are sensitive to the efficiency and
conservation of energy and embrace environmental best practices and will: (b) Undertake design which results
in desired microclimate effects such as the planting of large trees to provide cooling shade, and wind
protection.
10.5.2.3 Golf Course
(4) Golf courses are encouraged to utilize sustainable best management practices with respect to the
functioning of the natural environment and ensure environmental quality remains high. (a) Existing trees within
golf courses should be preserved wherever feasible to protect the health of the urban forest. The planting of
native tree species on golf courses is strongly encouraged.
12.2.10 Committee of Adjustment
(2) Prior to recommending approval of a variance for a new multiple residential building, or an extension or
enlargement of an existing multiple residential building in a designated Node or Corridor where the proposed
development does not conform to the Zoning By -Law, the Committee of Adjustment shall place a higher priority
on the provision of adequate landscaped open space relative to the provision of parking. The criteria by which
adequate landscaped open space will be assessed include: (a) Ability to provide a front yard depth capable of
supporting large caliper trees; (b) Ability to provide screening, using trees and other landscaping, on properties
that abut low density residential areas; and, (c) Ability to provide snow storage on site.
12.2.14 Complete Applications
(4) In accordance with policy 12.2.14(1), the following supporting information may be required as part of a
complete application, to be determined through preapplication consultation with City staff and other public
agencies: (e) Tree Preservation Report and Plan
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City of Cambridge
Chapter 3: Natural Heritage and Environmental Management
3.0 Objectives
The following are objectives of the natural heritage and environmental management section of this Plan to: g)
maintain, replace and enhance, where feasible, street trees and trees on municipal property, with an emphasis
on indigenous species;
3.A.6 Restoration Areas and Vegetation Management
2. The City shall require as necessary the preparation and submission of a tree management plan prior to draft
approval of a plan of subdivision or site plan approval. Tree management plans submitted to the City shall be
prepared in a manner consistent with the "Tree Management Policies and Guidelines for New Developments".
3. The "Tree Management Policies and Guidelines for New Developments" shall also guide the City in the
preservation, protection, management, replacement and possible acquisition of significant tree stands,
hedgerows, woodlots and forested areas. They will be applied to tree management practices carried out by the
City on City -owned lands.
4. In addition to the "Tree Management Policies and Guidelines for New Developments", the City will consider
other measures, such as the Region's Woodland Conservation By-law, a local tree protection/preservation by-
law under the Municipal Act, designation of heritage trees under the Heritage Act and/or stewardship programs
to aid in policy implementation.
3.B.4 Urban Forest and Biodiversity
1. The urban forest in Cambridge is the treed environment, consisting of remnant wooded areas, trees in city
parks and open space, street trees and trees on private property. The City recognizes the urban forest as
providing significant environmental, social, cultural heritage and economic benefits and encourages its
protection, restoration, wise management and expansion.
2. The City recognizes the environmental, aesthetic and heritage values associated with trees lining both urban
and rural boulevards and streets. As such, the City shall promote and encourage the protection and
management of such trees and encourage public authorities and agencies to give due consideration for their
protection when undertaking utility projects and regular maintenance.
3. The City shall protect and preserve street trees located within road rights-of-way wherever feasible. Trees
removed from an existing road right-of-way due to development or public utilities projects shall be required to
be replaced in the same location or in the vicinity wherever possible by the individual or agency responsible for
the removal.
4. The City will encourage private landowners to protect and preserve street trees located outside road rights-
of-way through investigation of approaches such as tree preservation by-laws, private stewardship, advice
from the City's Forestry Division and Heritage Conservation District Plans.
5. The City encourages individuals and agencies to use indigenous species as appropriate to the locality when
planting within or contiguous to the Natural Heritage System because some non -indigenous species are
considered unsuitable and invasive. Guidance in maintaining the biodiversity of the Natural Heritage System
will be provided through: the Regional list of trees and shrubs suitable for such use; the list of invasive alien
herbaceous species; and any relevant City documents such as the "Tree Management Policies and Guidelines
for New Developments" and the "Stormwater Management Policies and Guidelines".
6. Wherever feasible and appropriate, species indigenous to the region will be used in plantings along local
roads and on the grounds of City parks and facilities.
7. All development or site alteration requiring the removal of trees shall meet the requirements of the Region's
Woodland Conservation By-law.
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Chapter 5: Urban Design
5.14 Urban Design Guidelines
1. The City will promote and foster the creation of a quality built environment through urban design. In order to
provide guidance to the development process in terms of achieving a high standard of design and meeting the
urban design objectives and policies of this Plan, the City will prepare and approve urban design guidelines,
which do not form part of this plan, to address items such as the following:
I) flexible standards for redevelopment and infilling, such as parking requirements, road allowance widths, tree
planting in boulevards, and street lighting;
5.15 Urban Design Studies
1. Development proponents may be required to submit an urban design study to the satisfaction of the City that
addresses:
f) landscaping plan including the integration of existing trees and vegetation into the site design and integration
with natural features and trails;
7.8 Parkland Dedication
3. Where parkland dedication is required by this Plan, the City will ensure that the land is suitable for
development as a park. Generally, the parkland dedication should satisfy the following criteria:
d) the site is oriented to take advantage of favourable topography, vistas and mature stands of trees where
possible and desirable;
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City of Guelph
4 Protecting What is Valuable
4.1 Natural Heritage System
Objectives
g) To protect and enhance tree canopy cover while providing for meadow habitat at appropriate locations to
support biodiversity.
4.1.3.6 Significant Woodlands
Policies
5. All Significant Woodlands require a minimum buffer of 10 metres from the drip line of the trees at the
woodland edge, except where existing development precludes it. The established buffer is to be determined
through an EIS, and may be greater than the 10 metre minimum buffer.
4.1.3.10 Restoration Areas
Objectives
c) To provide opportunities to increase the City's tree canopy cover, including areas where tree compensation
can be directed.
4.1.4.3 Cultural Woodlands
Objectives
c) To protect healthy non-invasive trees within Cultural Woodlands.
e) To compensate for loss of trees from Cultural Woodlands, where development and site alteration is
permitted.
Policies
3. Development and site alteration within or adjacent to a Cultural Woodland shall also require a Tree Inventory
and Tree Preservation Plan in accordance with Section 4.2.4.
4. Where development is permitted in all or part of a Cultural Woodland that does not meet the criteria in
4.1.4.3.1 healthy non-invasive trees should be protected to the fullest extent possible.
8. A Vegetation Compensation Plan, in accordance with the policies of 4.1.6.4, shall be required for the
replacement of all healthy, non-invasive trees measuring over 10 cm dbh that are proposed to be removed as
part of development or site alteration.
4.1.6 Urban Forest
The City's Urban Forest, includes plantations and smaller wooded areas less than one 1 ha, hedgerows and
individual trees that are not included in the City's Natural Heritage System.
These wooded areas and trees provide various benefits and services to the city including reduction of air
pollution, moderation of the urban heat island effect, carbon sequestration, shade, habitat for urban adapted
wildlife and mental health benefits.
It is also recognized that in some cases wooded areas in the urban matrix are degraded (e.g., dominated by
invasive species) and that new development may provide opportunities for enhancement and restoration of
portions of these features, and/or retention of mature and healthy non-invasive trees as part of the proposed
development or site alteration.
Objectives
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a) To ensure that opportunities for protection of trees outside the City's Natural Heritage System are fully
considered through the planning process.
b) To recognize that the Urban Forest provides important ecosystem services that benefit current and
future generations by:
i) identifying opportunities for protection, enhancement and restoration; and
ii) supporting initiatives that provide for ongoing management and stewardship of the Urban Forest.
c) To maintain and increase tree canopy cover within the city, with a target of 40% by 2031.
4.1.6.1 Policies
Plantations and hedgerows will be required to be identified through an Ecological Land Classification (ELC) in
conjunction with proposed development applications.
1. Healthy non-invasive trees within the urban forest shall be encouraged to be retained and integrated
into proposed development. Where these trees cannot be retained, they will be subject to the
Vegetation Compensation Plan addressed in Policy 4.1.6.4.
2. Where the City is undertaking infrastructure work, healthy non-invasive trees within the urban forest will
be retained to the fullest extent possible. Where trees are required to be removed, relocation or
replacement plantings will be provided by the City.
3. Development and implementation of woodlot management plans may be required prior to the
conveyance of woodlands to the City.
4. Tree destruction or removal of trees on private property will be regulated by the City's tree by-law.
5. Invasive, non -indigenous trees, shrubs and ground covers, such as European buckthorn, will be
encouraged to be eradicated without the need for compensation through the Vegetation Compensation
Plan.
4.1.6.2 Plantations
1. Development and site alteration may be permitted within all or part of a plantation where it has been
demonstrated to the satisfaction of the City, that the plantation or part thereof:
i) does not meet the criteria for a Significant Natural Area (e.g., Significant Woodland) within the Natural
Heritage System; and
ii) that the plantation does not support an Ecological Linkage within the Natural Heritage System.
2. Development and site alteration within a plantation shall also require a Tree Inventory and a Tree Protection
Plan in accordance with Section 4.2.4.
3. A Vegetation Compensation Plan shall be required for the replacement of all healthy non-invasive trees
measuring over 10 cm dbh, proposed to be removed.
4.1.6.3 Hedgerows and Trees
1. Development and site alteration may be permitted to impact hedgerows and individual trees provided it has
been demonstrated, to the satisfaction of the City, that the hedgerows and trees cannot be protected or
integrated into the urban landscape.
2. Tree Inventory and Vegetation Compensation Plans shall be required for all new development and site
alterations.
3. Heritage Trees may be identified by the City in accordance with the Cultural Heritage Policies of this Plan.
4.1.6.4 Vegetation Compensation Plan
1. The detailed requirements for a Vegetation Compensation Plan will be developed by the City through the
Urban Forest Management Plan. The requirements, once developed, will be applied to determine appropriate
vegetation compensation for the loss of trees through development and site alteration.
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2. The Vegetation Compensation Plan shall identify, to the satisfaction of the City, where the replacement
vegetation will be planted. Where replanting is not feasible on the subject property, the planting may be
directed off-site to lands identified in consultation with the City, including lands within the Natural Heritage
System and may include:
i) Established buffers,
ii) Significant Valleylands,
iii) Significant Landform,
iv) Ecological Linkages, or
v) Restoration Areas.
3. All replacement vegetation should be indigenous species and compatible with the site conditions within
which they are proposed. In some cases, re -vegetation may consist of a combination of trees, shrubs and
herbaceous species, or may consist exclusively of indigenous herbaceous species and grasses where the
restoration objective is to establish a meadow habitat.
4. The vegetation compensation plantings do not replace the normal landscape planting requirements as part
of the approval of any development or site alteration.
5. A Vegetation Compensation Plan is required to be implemented through on site or off site plantings or cash
in lieu equal to the value of the replacement vegetation will be required by the City.
4.1.7 Natural Heritage Stewardship and Monitoring
Policies
4.1.7.1 Invasive Species
4. Plans prepared in conjunction with development and site alteration applications will require indigenous
plants, trees and shrubs except where harsh environmental conditions would limit their survival
4.2 Environmental Study Requirements
4.2.4 Tree Inventory and Tree Preservation Plan
1. Tree Inventory and Tree Preservation Plans shall as a minimum include:
i) a Tree Inventory measuring all trees over 10 cm diameter at breast height (dbh), including the size, species
composition and health, and indigenous shrubs in accordance with the City's tree inventory guidelines;
ii) a Tree Preservation Plan identifying healthy indigenous and non-invasive trees to be protected, including
those that may be transplanted (e.g. smaller specimens);
iii) the protective measures required for tree protection during construction; and
iv) measures for avoiding disturbance to any breeding birds during construction.
4.8 Cultural Heritage Resources
Objectives
j) To identify, evaluate and conserve heritage trees which satisfy the criteria for determining cultural heritage
value or interest as prescribed by regulation under the Ontario Heritage Act.
4.8.8 Heritage Trees
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1. The City shall identify, evaluate and conserve heritage trees which satisfy one of the criteria for determining
cultural heritage value or interest as prescribed by regulation under the Ontario Heritage Act.
2. Where heritage trees have been identified by the City, they will be protected through appropriate measures
under the Ontario Heritage Act while having regard to the health of the tree and public safety.
5 Movement of People and Goods —An Integrated Transportation System
5.8 Road Design
2. The City shall have regard for and, when necessary, will require measures to mitigate any negative impacts
on cultural heritage resources, especially the character of landscapes, streetscapes, tree lines, bridges, views
and points of scenic interest and the prevailing pattern of settlement, when considering the construction of new
roads and road improvements, including road re -alignment and road widening.
8 Urban Design
8.2 Public Realm
8. The City will maintain a program of tree replacement within its right-of-ways in all areas of the city.
9. The planting of trees, shrubs and groundcover in street medians and shoulders shall be designed to allow
for their long term health through the implementation of best practices for planting and maintenance. Planting
in street medians and shoulders will generally be undertaken with low maintenance, drought resistant and salt
tolerant plant species.
8.4 Gateways
8. Gateways to new neighbourhoods should create a sense of entrance and arrival contributing to community
image and identity. Elements contributing to gateway features and design may include: trees and other
landscaping, feature lighting, paving and public art.
8.17 Landscaping and Development
3. Where possible existing trees should be retained on-site and where appropriate suitable new trees should
be planted on-site, in the street right-of-way or in other City -approved locations.
4. Where appropriate, trees should be used to help define the image of neighbourhoods, streets and parks.
8.20 Urban Squares
1. Urban Squares, such as plazas, courtyards and piazzas, are publicly -accessible open space with sitting
areas and shade trees that allow for passive use, special events and social interaction. They are often
predominantly hard -surfaced. Urban squares may be included within Community Mixed-use Nodes, along
Intensification Corridors and within Downtown. Urban Squares will be framed by buildings with ground -floor
uses that provide activity throughout the day.
10 Implementation
10.18 Pre -consultation and Complete Application Requirements
In addition to the requirements noted in the applicable sections of the Official Plan, the City may require
additional information and material to be submitted as part of a complete application. The following broad
categories describe additional information and material that may be required and the type of studies or
documents that may be identified during the pre -consultation process as being required to be submitted as part
of a complete development application:
i) Natural Heritage
This may include, but shall not be limited to:
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• Tree and/or Vegetation Inventory Report
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Town of Oakville
5. CULTURAL HERITAGE
5.3 Heritage Conservation
5.3.13 The Town shall develop a set of criteria for determining trees of cultural heritage value.
6. URBAN DESIGN
6.2 Public Realm
6.2.1 The design of the public realm shall promote creativity and innovation and include:
e) furnishings, trees and landscaping, wayfinding, and public art that provide orientation and a sense of identity
6.4 Streetscapes
6.4.1 Streetscapes shall:
c) provide well designed and coordinated tree planting, landscaping, lighting and furnishings;
6.4.2 New development should contribute to the creation of a cohesive streetscape by:
e) incorporating sustainable design elements, such as trees, plantings, furnishings, lighting, etc.;
6.10 Landscaping
6.10.2 Development should preserve and enhance the urban forest by:
a) maintaining existing healthy trees, where possible;
b) providing suitable growing environments;
c) increasing tree canopy coverage;
d) incorporating trees with historic or cultural significance; and,
e) integrating a diverse mix of native plant species.
6.13 Parking
6.13.4 Surface parking areas should incorporate planted landscaped areas that:
d) are sufficiently sized to support the growth of trees and other vegetation.
6.16 Service, Loading and Storage Areas
6.16.2 The visual and noise effects of activities associated with service and loading areas on the surrounding
environment should be minimized by locating such areas behind buildings, erecting noise walls and fences,
and screening with tree and shrub plantings
8.4 Rights -of -Way
8.4.6 From a streetscape perspective, the Town may require additional road rights-of-way to provide for
improvements such as, but not limited to, median, double row planted street trees, on -street or lay-by parking,
and urban design considerations.
8.16 Noise and Vibration
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8.16.2 Sensitive land uses shall be buffered through mechanisms such as restrictions on the type of use,
building design, location of outdoor living area and the provision of landscaping including street trees and
fencing.
10. SUSTAINABILITY
10.12 Urban Forests
The Town considers its municipally -owned urban forest as green infrastructure.
10. 12.1 For every square metre of leaf area that is removed from Town property or from Town road rights-of-
way, sufficient trees will be replanted to replace the lost square metres of leaf area.
10.12.2 The Town shall ensure that appropriate space for tree protection and tree planting within road rights-
of-way are included in the design of new roads or road improvements.
10.12.3 The Town shall develop standards for the protection of trees to assist with the review of planning
applications and municipal consents by utilities.
10.12.4 The Town shall develop standards for the planting of new trees to assist with the review of planning
applications.
10.12.5 Tree removal on private property shall be subject to the Town's private tree protection by-law.
16. NATURAL AREA
16.1.8 Woodlands
a) Development or site alteration shall not be permitted within regionally significant woodlands or within the
required buffer width, which should be a minimum of 10 metres measured from the drip line of the woodland.
b) The final width of the required buffer shall be established through an approved EIS or an approved
subwatershed study. A greater buffer width may be required as a result of environmental impacts evaluated by
the EIS or subwatershed study. Reduced buffers may only be considered by the Town based upon the existing
context and the sensitivity of the woodland.
c) Unless otherwise directed by the Conservation Authority, development proposed on lands within 120 metres
of a significant woodland shall require a satisfactory EIS to demonstrate that there will be no negative impact
on the woodland or its ecological function.
d) The Town will pursue forest certification for Town -owned and/or managed woodlands.
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City of London
Our Strategy
Direction #4 — Become one of the greenest cities in Canada
9. Strengthen our urban forest by monitoring its condition, planting more, protecting more, and better
maintaining trees and woodlands.
Our City
99.1 Development proposals at the RuralUrban Interface shall utilize design measures to mitigate
conflicts between urban and rural uses. These measures may include such things as subdivision
layout, site layout, and the incorporation of buffers such as treed landscape strips or public pathways.
157_ Within urban neighbourhoods, the design and construction of civic infrastructure improvements
and replacements within public rights-of-way will strive to retain and enhance safe and comfortable
pedestrian and cycling routes and sufficient space for healthy tree growth.
160_ Existing trees, both public and private, should be retained in accordance with an environmental
impact study and/or a tree preservation plan, through the review of redevelopment and intensification
projects.
City Building Policies
210_ Trees should be recognized as important features of a neighbourhood's planned character and
sense of place.
222_ A coordinated approach will be taken during the planning and design of streetscape
improvements, including the coordination of signage, sidewalks, cycling pathways, tree planting,
lighting, parking areas, landscaping and building face improvements, and adjacent public spaces as
applicable.
222A_ The proportion of building and street frontages used for garages and driveways should be
minimized to allow for street trees, provide for on -street parking and support pedestrian and cycling -
oriented streetscapes.
224_ The paved portion of streets within neighbourhoods should be as narrow as possible, while
meeting required design standards, to calm traffic and emphasize the priority of the pedestrian
environment. Street rights-of-way should be of adequate size to accommodate all services within an
efficient space and allow sufficient room for street tree planting and the long-term growth of mature
trees.
236_ All streets, and the associated infrastructure, should be designed to include space for
appropriately sized street trees with tree canopy coverage that will provide for pleasant pedestrian
environments and enhanced aesthetics, afford cooling to adjacent buildings, improve air quality, and
offer habitat for urban wildlife.
237_ Treescapes should be recognized as important features of a neighbourhood's planned character.
238_ In conformity with the Forest City policies of this Plan, neighbourhoods will be designed, planted,
and maintained with robust street tree planting to create high-quality treescapes.
239_ Opportunities will be explored for supporting pollinators and food production through landscaping
and street tree planting.
245_ Public art, seating areas, enhanced landscaped areas, ceremonial tree planting, and monuments
should be incorporated into the design of neighbourhoods and positioned in prominent locations to
enhance views or vistas
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248_ Public spaces should be designed to accommodate tree growth to assist in achieving the goals of
the Forest City chapter of this Plan.
258_ The layout and grading of a site should retain and incorporate desirable trees.
277_ Surface parking lots should be designed to include a sustainable tree canopy at 20 years of
anticipated tree growth.
349_ To support walkability, sidewalks shall be located on both sides of all streets, with possible
exceptions in the following instances. In most of these instances a sidewalk will be required on one side
of the street.
7. Street reconstruction or retrofit projects, where the existing conditions such as mature trees,
right-of-way widths, or infrastructure would impede sidewalks on both sides of the street.
398_ To achieve our goals for London's Urban Forest, and to reach our tree canopy targets, we will
take actions under three strategic areas:
1. Protect more
2. Maintain better and monitor
3. Plant more
PROTECT MORE 399_ The following policies will be applied to support the strategy of protecting trees:
1. Tree inventories and tree preservation plans will be required for planning and development
applications and infrastructure projects where trees exist on the applicable lands.
2. Tree inventories will be prepared to identify the trees on a site that may be impacted by the
proposed development. Tree inventories may not be required for those treed areas that are to
be retained. Tree preservation plans are to identify trees to be retained, removed, mitigated, and
replaced by new tree planting.
3. Distinctive trees that are deemed healthy or structurally sound should be retained.
4. Where, having considered all options, there are no reasonable alternatives to tree removal,
the following shall apply to allow for development that conforms with the policies of this Plan:
a. A tree inventory will be prepared to record all trees over ten centimetres in diameter,
measured at a height of 1.4 metres above the ground. All trees that are identified as
species at risk shall be inventoried regardless of their size.
b. Trees will generally be replaced at a ratio of one replacement tree for every ten
centimetres of tree diameter that is removed. Guidelines, municipal standards, or by-
laws may be prepared to assist in implementation of this policy.
c. Trees should be replaced on the same site, however, if inadequate land is available
on the site from which the trees are removed to accommodate the replacement trees, a
cash -in -lieu fee by-law may be established by the City.
d. The City will use funds from fees identified in policy 4.c. above, for programs and
projects that support the Urban Forest Strategy.
e. Street trees required as part of the planning and development approvals process may
be counted as replacement trees as required by these policies.
5. Trees that are removed as a result of new municipal development or infrastructure works, will
be replaced using the approach identified in 4.a. and 4.b. above and where space permits.
Where sufficient land does not exist, the City may plant the required trees on other lands, or
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contribute cash -in -lieu as described in 4.c. above. Trees will only be removed for such works
based on good forestry practices.
6. Individual municipal trees that are removed in connection with City maintenance operations
shall be replaced on a one-to-one basis.
7. Trees that are identified as species at risk will be protected, in accordance with federal and
provincial legislation.
8. A tree conservation by-law for private property will be established to prohibit the destruction
of trees, unless and until such time as a tree cutting permit is obtained, where required.
9. A municipal tree protection by-law will be established to protect trees on municipal rights-of-
way and other Cityowned properties.
10. Building height and densities may be increased, in appropriate circumstances and in
conformity with the Bonus Zoning policies in the Our Tools part of this Plan, to support the safe
and longterm preservation of existing healthy trees, rare species, and wildlife trees.
466_ The locations of services and utilities will be coordinated to maximize the efficient use of the
boulevard and allow the greatest opportunity for street trees, while respecting regulated separation
distances.
737_ A Community Energy Action Plan may be prepared to form part of an overall strategy to
implement more environmentally -friendly and affordable energy usage and enhance local air quality.
This strategy will plan for and implement such things as energy conservation, energy efficient design,
passive solar, strategic tree planting, waste heat utilization, and increased local, distributed production
of energy through combined heat and power generation, solar thermal and photovoltaic, bioenergy and
energy from waste.
Place Type Policies
759_ Our vision is to protect the Green Space Place Type, create new green linkages throughout the
city and increase our tree cover. Our Green Space policies together with our Environmental Policies will
protect and conserve our natural areas and their delicate ecosystems, keep development an
appropriate distance from our hazard lands, and offer a variety of parks that contribute significantly to
the quality of life for Londoners.
774_ To prevent or mitigate potential impacts due to site alteration and tree cutting on lands identified
as Green Space or within any other place type shown on Map 1 that may contain landscapes or trees
that are deemed worthy of protection, City Council may adopt appropriate by-laws to prohibit or
regulate activities such as grading, excavation and the placement of fill that would change the landform
and natural vegetative characteristics of the site, and any human -made disturbance of soil, destruction,
removal, or injuring of trees.
787_ To prevent or mitigate potential impacts due to site alteration and tree cutting on lands identified
as Environmental Review or within any other place type shown on Map 1 that may contain landscapes
or trees that are deemed worthy of protection, City Council may adopt appropriate by-laws to prohibit or
regulate activities such as grading, excavation and the placement of fill that would change the landform
and natural vegetative characteristics of the site, and any human -made disturbance of soil, destruction,
removal, or injuring of trees.
This section had a lot of hits for the "Tree" key word search, but mostly dealt with how trees would be
managed and established in different land uses
Environmental Policies
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1385_ In addition to areas that are included in the Environmental Review or Green Space Place Types,
vegetation patches in other place types that are larger than 0.5 hectares in size shall be evaluated in
conformity with the policies of this Plan to determine the significance of vegetation and identify the need
for protection prior to planning and development approvals. Where it is considered appropriate, the
protection of trees or other vegetation will be required through measures such as, but not limited to,
tree preservation plans for subdivision or site plan applications, acquisition of land through parkland
dedication and/or purchase by the City, conservation easements, landowner stewardship initiatives and
zoning regulations. Pending an evaluation and decision on long-term protection, vegetation patches
that are larger than 0.5 hectares in size will be identified as unevaluated vegetation patches on Map 5
and may be regulated under the City of London Tree Conservation By-law.
1386_ Where a vegetation patch that is larger than 0.5 hectares has been evaluated and determined to
be significant, the natural feature shall be retained and the natural feature shall be included in the
Green Space Place Type on Map 1 and identified as the appropriate significant natural heritage feature
on Map 5.
Secondary Plans
1561_ A secondary plan will consist of policies and maps that provide more specific direction than that
offered by the general policies of this Plan. A secondary plan may include policies, illustrations and
maps for such things as:
Tree conservation and tree planting plan to implement the Urban Forest Strategy.
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City of Mississauga
Chapter 4 — Vision
Mississauga will serve as a steward of the environment by protecting, enhancing, restoring and expanding its
Natural Heritage System, making use of sustainable green infrastructure, and preserving and protecting trees.
Chapter 5 — Direct Growth
5.2.1 Mississauga will establish strategies that protect, enhance and expand the Green System and will include
a target for the lands within the city that will be included in the Green System. The City's strategy for protecting,
enhancing and restoring the Green System consists of initiatives in the following areas:
a. establishing an appropriate planning framework in strategic planning documents;
b. information management and monitoring;
c. regulation and compliance;
d. land securement;
e. stewardship;
f. promotion and education; g. naturalization/restoration; and
h. management of natural areas.
5.2.2 Mississauga will promote and encourage the restoration of natural forms, functions and linkages.
5.2.3 Mississauga will seek to enhance opportunities for the appreciation and enjoyment of the Green System.
Chapter 6 — Value the Environment
The Urban Forest, comprising trees on public and private properties in the city, also contributes to a healthy
and sustainable city, and should be protected and enhanced where possible.
6.2.12 Mississauga will encourage tree planting on public and private lands and will strive to increase the
Urban Forest canopy.
6.3.7 Buffers which are vegetated protection areas that provide a physical separation of development from the
limits of natural heritage features and Natural Hazard Lands, will be provided to perform the following:
• maintenance of slope stability and reduction of erosion on valley slopes;
• attenuation of stormwater runoff;
• reduction of human intrusion into Significant Natural Areas and allowance for predation habits of pets,
such as cats and dogs;
• protection of tree root zones to ensure survival of vegetation;
• provision of a safety zone for tree fall next to woodlands;
• enhancement of woodland interior and edge areas through native species plantings;
• enhanced wildlife habitat and corridors for wildlife movement; and
• opportunities for passive recreational activities, in appropriate locations.
6.3.12 Significant Natural Areas are areas that meet one or more of the following criteria:
F. significant woodlands are those that meet one or more of the following criteria:
• woodlands, excluding cultural savannahs, greater than or equal to four hectares;
• woodlands, excluding cultural woodlands and cultural savannahs, greater than or equal to two hectares
and less than four hectares;
• any woodland greater than 0.5 hectares that:
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o supports old growth trees (greater than or equal to 100 years old);
o supports a significant linkage function as determined through an Environmental Impact Study
approved by the City in consultation with the appropriate conservation authority;
o is located within 100 metres of another Significant Natural Area supporting a significant
ecological relationship between the two features;
o is located within 30 metres of a watercourse or significant wetland;
0 or supports significant species or communities; g. significant wetlands are one of the following
6.3.17 Residential Woodlands are areas, generally in older residential areas, with large lots that have mature
trees forming a fairly continuous canopy and minimal native understorey due to the maintenance of lawns and
landscaping.
6.3.18 Lands within Residential Woodlands will be subject to Site Plan Control.
6.3.19 Development proposals and site alteration for lands within a Residential Woodland will have regard for
how existing tree canopy and understorey are protected, enhanced, restored and expanded. A site
development plan may be required to demonstrate how the following, among other matters, have been
addressed:
a. existing topography and drainage patterns;
b. maintenance of a high proportion of permeable ground cover to facilitate ground water recharge;
c. habitat for tolerant canopy birds (both in migration and for breeding);
d. habitat for urban wildlife; and
e. connections to other elements within the Green System.
6.3.20 Character area policies may identify additional requirements to protect Residential Woodlands.
6.3.24 The Natural Heritage System will be protected, enhanced, restored and expanded through the following
measures:
a. ensuring that development in or adjacent to the Natural Heritage System protects and maintains natural
heritage features and their ecological functions through such means as tree preservation, appropriate location
of building envelopes, grading, landscaping, and parking and amenity area locations;
6.3.39 The Urban Forest is composed of wooded areas within the Natural Heritage System and individual trees
on public and private property.
6.3.40 Natural Heritage System policies are applicable to the Urban Forest. This includes policies regarding
Significant Natural Areas, Natural Green Spaces, Linkages, Special Management Areas and Residential
Woodlands and all related policies.
6.3.41 The Urban Forest will be protected and managed with the goals of: a. maintaining and increasing the
city's canopy cover; b. improving both species and structural diversity, as well as overall health; and c. being
more evenly distributed across the city.
6.3.42 Mississauga will protect, enhance, restore and expand the Urban Forest. This will be achieved by the
following:
a. developing and implementing a strategic planting program, specific to distinct geographic areas within the
city;
b. developing and implementing a strategic proactive maintenance program pertaining to trees on public land;
c. providing sustainable growing environments for trees by allocating adequate soil volumes and landscaped
areas during the design of new development and infrastructure projects;
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d. developing and implementing consistent standards for tree protection and planting across the city;
e. ensuring development and site alteration will not have negative impacts on the Urban Forest;
f. increasing tree canopy coverage and diversity, by planting trees appropriate to the location and avoiding the
use of non-native tree and shrub species that are invasive
g. regulating the injury and destruction of trees on public and private property;
h. promoting the management and enhancement of the Urban Forest on public and private property;
i. providing public education and encouraging stewardship;
j. providing strategic partnerships with regulatory agencies and others to address invasive nonnative species
and diseases and other management challenges; and
k. compliance with by-laws pertaining to tree preservation and protection.
6.3.43 The preservation of trees and woodlots on public and private property that serve to connect and
enhance the overall vegetative system and improve wildlife habitat will be encouraged.
6.3.44 Development and site alteration will demonstrate that there will be no negative impacts to the Urban
Forest. An arborist report and tree inventory that demonstrates tree preservation and protection both pre and
post construction, and where preservation of some trees is not feasible, identifies opportunities for
replacement, will be prepared to the satisfaction of the City in compliance with the City's tree permit by-law.
6.3.45 Where tree replacement cannot be accommodated on-site, the City may require cash-inlieu for
replacement trees elsewhere or replacement plantings at a location approved by the City.
6.3.46 Mississauga may require ecologically based woodland management plans of a landowner prior to
municipal acquisition.
6.3.81 Wherever possible, significant treed areas throughout Mississauga will be incorporated into the Public
Open Space network. Where appropriate, these areas will be retained in a natural condition or be permitted to
regenerate to assume a natural state. Active recreation will be restricted to lands that have been specifically
acquired and developed for such purposes.
Chapter 7 — Complete Communities
7.6.1.2 Built form within Intensification Areas should provide for the creation of a sense of place through,
among other matters, distinctive architecture, high quality public art, streetscaping (including street trees), and
cultural heritage recognition.
Chapter 8 — Create a Multi -Modal City
8.3.1.1 The City will design its roads in a manner that:
c. minimizes the disruption to the Natural Heritage System and preserves, where appropriate, existing tree
canopies;
Chapter 9 — Build a Desirable Urban Form
9.2.1.36 Streetscape improvements (intensification areas) including trees, pedestrian scale lighting, special
paving and street furniture in sidewalks, boulevards, open spaces and walkways, will be coordinated and well
designed.
9.2.2.3 While new development need not mirror existing development, new development in Neighbourhoods
will:
• preserve mature high quality trees and ensure replacement of the tree canopy;
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9.3.3.11 Lands fronting, flanking and/or abutting Mississauga Road, between the Canadian Pacific Railway,
located south of Reid Drive, and Lakeshore Road West, are part of a designated scenic route. These lands will
be subject to the following:
i. tree preservation and enhancement will be required on public and private lands in order to maintain existing
trees;
9.5.2.2 Developments will be sited and massed to contribute to a safe and comfortable environment for
pedestrians by:
d. providing opportunities for weather protection, including awnings and trees.
9.5.2.5 Development proponents may be required to upgrade the public boulevard and contribute to the quality
and character of streets and open spaces by providing:
a. street trees and landscaping, and relocating utilities, if required;
9.5.2.11 Site development will be required to:
f. preserve significant trees on public and private lands;
9.5.5.3 Where surface parking is permitted, the following will apply. Parking should:
b. incorporate stormwater best management practices, such as, permeable paving, bioretention areas and tree
clusters;
f. have appropriate landscape treatment including trees and lighting, throughout parking lots;
Chapter 10 — Foster a Strong Economy
10.6.7 The preservation of existing trees and the planting of new trees will be given priority and coordinated
with utility placement within the public boulevard.
10.7.6 Mississauga encourages the creation of innovative strategies such as green site design and green
buildings, which utilize technology such as green roofs, white roofs and the use of the urban tree canopy to
achieve energy efficiencies.
Chapter 12 — Downtown (Land Use Designations)
12.4.1.9 Public Realm: The Design of the Public Boulevard - The following features should be encouraged to
reduce the perceived visual width of the street and improve the level of pedestrian comfort, safety and
convenience within the public boulevard
f. provision of street trees, feature lighting and related pedestrian amenities.
12.5.4.4.2 Notwithstanding the provisions of the Residential Low Density II designation on these lands, the
following additional policies will apply:
h. preserve existing mature high quality trees to maintain the existing mature nature of these areas;
Chapter 13 — Major Nodes (Land Use Designations)
13.3.5.1.1 To achieve a sustainable community, development will be designed to include sustainable
measures such as:
planting trees;
13.3.7.1.5 Streets will be designed to incorporate active transportation and provide views to the waterfront.
Lakefront Promenade, Street `I', Hydro Road/Street `J' and Street `K' will be designed with enhanced
streetscapes that may include among other things, wide sidewalks, street trees, planting, furniture.
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13.3.8.2.1 Development master plans will provide direction and contain built form guidelines to be prepared to
the City's satisfaction, addressing issues including, but not limited to:
d. use of public and private open spaces to accommodate innovative stormwater best management practices,
including low impact development techniques, reinforce view corridors, enhance the aesthetic quality of the
area, increase the tree canopy, and enhanced connections (i.e. connections to the adjoining street network);
g. streetscape and upgraded boulevard treatments that provide appropriate setbacks to reflect planned
function, minimize vehicular access points, create an attractive public and private realm and provide
opportunities for tree planting;
3.4 General Guidance for Buildings on `A' and `B' Street Frontages:
3.4.12 Below grade parking structures shall provide an appropriate clearance between the top of the parking
structure and grade to allow for healthy tree growth (typically minimum 1.5m depth of soil, not including the
drainage layer). Lesser depths may be considered where planting is limited to smaller stature vegetation (for
example, small to medium shrubs) and does not include trees; and
3.11 Ground Floor Conditions for Other Uses
3.11.26 Buildings shall soften the edge where vertical elevations meet the ground plane, through strategies
such as canopy trees, seating areas, and planting between the property line and building face. Buildings
should be set back approximately 4.0 metres from the property line. Basements should be set back a minimum
of 1.0 metres from the property line
3.12 Pedestrian Permeability Conditions
3.12.21 A combination of soft and hard landscape treatments to define the walkway edges and amenity areas
such as trees, water features, public art, pavers and planters;
3.12.22 Plant species that create visual and seasonal interest;
3.12.23 A cadence of aligned trees along the walkway, to provide shade and visual interest;
3.12.24 Sufficient uncompacted soil volume per tree (approximately 30 cubic metres for large trees) to ensure
that trees flourish (note: structural soil will not be permitted);
3.12.25 Provide an appropriate clearance between the finished grade of the mid -block connection and the top
deck of any below -grade structure to allow for healthy tree growth (typically minimum 1.5m depth of soil, not
including the drainage layer) or possibly lesser depths for smaller stature vegetation;
4.2 Mid -Rise Elements: All Categories
4.2.27 Street frontage in front of residential units at -grade shall protect the privacy of residents and create a
clear definition between public and private realm, through strategies such as providing a sufficient setback
(approximately 4.0 metres) to accommodate a buffer. A landscape buffer should provide sufficient space
(approximately 2.0 metres) to sustain the growth of small trees, shrubs and other plant materials with
substantial height and foliage volume, so the plants collectively can function as a proper landscape screen,
contribute to a greener image of Lakeview Village, and a better pedestrian experience;
Chapter 14 — Community Nodes
Streetsville — Urban Design Policies
14.10.1.8 The established residential character of the areas generally located along Queen Street South, south
of Barry Avenue, will be maintained through appropriate building masses, setbacks, Map 14-10: Streetsville
Community Node Character Area Mississauga Official Plan — Part 3 August 11, 2015 Community Nodes -
Streetsville 14-25 intensive landscaping, streetscapes with many mature trees, and a regular street grid
pattern.
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14.10.6.1.5 Sufficient on-site parking, which will consist of only surface parking, as required by the Zoning By-
law, should be provided in the rear yard only at grade without removal of existing trees, except at the discretion
of the City arborist.
Chapter 15 — Corporate Centres
15.2.2 Special Site Policies — Site 1
15.2.2.1.1 The lands identified as Special Site 1 are located north of Eglinton Avenue West, south of Matheson
Boulevard East, east of the Etobicoke Creek, to Explorer Drive and all lands east of Explorer Drive:
c. Pedestrian Connections Development will promote pedestrian movements to and from transit stations
through the local streets and publicly accessible private pedestrian connections or private open space areas
(plazas). The location, size and character of the publicly accessible connections will be determined during the
site plan review process having regard for the following:
streetscape improvements will be coordinated and well designed, including trees, pedestrian scale
lighting, special paving and street furniture on sidewalks, boulevards and important pedestrian and
publicly accessible open space areas and walkways;
parking areas will have appropriate landscape treatments, including trees and lighting, throughout
parking lots and along their edges, in order to improve the appearance of the parking areas, to
contribute to the visual continuity of the street edge. Parking areas should also incorporate defined
pedestrian routes for safe and convenient pedestrian movement to building entrances and other
destinations to encourage the safe use of these spaces
Hurontario Street Corridor Development Policies
15.3.1.2 The purpose of the following urban design policies is to define principles for the physical form and
character of Hurontario Street:
b. encourage a high standard of public and private realm streetscape design that is coordinated and
comprehensive, particularly at Major Transit Station Areas, which includes street furniture, public art,
building forecourts, open space, transit shelters, bicycle parking, tree planting, and the sensitive
placement of utilities with consideration for the public and private realm;
15.5.2 Urban Design Policies Community Identity and Design
15.5.2.1 A business park within a natural setting creates the identity of Sheridan Park Corporate Centre
that distinguishes it from other office parks. The campus like setting is achieved by a combination of
public and private open spaces of various sizes, forms and functions. To achieve the City's urban
design objectives for Sheridan Park Corporate Centre, development proposals should address the
following:
g. a Streetscape Master Plan will be prepared to coordinate street tree planting and right-of-way design
15.5.2.2 To achieve and enhance the campus like setting, the following design guidelines will be used to
evaluate development proposals:
d. landscape design should incorporate the following:
a consistent pattern of trees lining the streets to unite the elements of the open space system
and refresh the green identity within Sheridan Park Corporate Centre;
e. large expanses of surface parking will be softened by landscaped islands with canopy trees;
17.4.4 Special Site Policies There are sites within the Character Area that merit special attention and are
subject to the following policies.
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17.4.4.1.2 The lands identified as Area A are located north and south of Dundas Street East, from Southcreek
Road to the municipal boundary, Etobicoke Creek. These lands function as the primary gateway into
Mississauga from Toronto and areas to the east, and should promote distinctive built form, landscaping and
street furniture elements as visual landmarks to identify the City entry and reinforce a quality image.
Notwithstanding the provisions of the Mixed Use designation of the lands, the following additional policies will
apply:
e. special formal street tree planting at regular intervals is encouraged along the frontage of the
gateway properties
Chapter 19 — Implementation
19.4.5 Some or all of the following studies, reports, plans, drawings and/or documents may be required as part
of a complete application submission for an official plan amendment, rezoning, draft plan of subdivision, draft
plan of condominium, consent or site plan application, dependent on the type of application, the property
location and adequacy of services.
Arborist's Report (including Tree Survey/Tree Preservation Plan)
19.4.7 To provide consistent, efficient, and predictable application of environmental planning principles, all
applications will have regard for:
i. tree preservation;
19.14.5 Site plan applications will address the sustainable design elements on the development site and
adjoining highways under Mississauga's jurisdiction including without limitation trees, shrubs, hedges,
plantings or other ground cover, permeable paving materials, street furniture, curbs, ramps, waste and
recycling containers, and bicycle parking facilities.
19.21 Demolition Permits
19.21.3 An approved development plan, archaeological assessment and tree permit may be required
prior to the release of a demolition permit.
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City of Hamilton
CHAPTER B — COMMUNITIES
B.2.0 DEFINING OUR COMMUNITIES
2.4 Residential Intensification
2.4.1.4 Residential intensification developments within the built-up area shall be evaluated based on the
following criteria:
k) the ability of the development to retain and/or enhance the natural attributes of the site and surrounding
community including, but not limited to native vegetation and trees;
3.3 Urban Design Policies
3.3.2 General Policies and Principles
3.3.2.10 Streets shall be designed not only as a transportation network but also as important public spaces and
shall include, where appropriate:
c) landscaping such as street trees and landscaped boulevards;
3.3.7 Storage, Service and Loading Areas
3.3.7.2 Service and loading areas shall be buffered to reduce visual and noise impacts, particularly when
located adjacent to residential areas. Buffering methods should include berms, tree and shrub plantings, noise
walls, fences, and/or the use of quality construction materials and methods.
CHAPTER C — CITY WIDE SYSTEMS AND DESIGNATIONS
C.2.0 NATURAL HERITAGE SYSTEM
2.7 Linkages
2.7.7 In addition to the Linkages identified on Schedule B — Natural Heritage System, there may be Hedgerows
that are worthy of protection, especially where:
a) they are composed of mature, healthy trees and generally provide a wide, unbroken linkage between Core
Areas;
b) there is evidence that wildlife regularly use them as movement corridors or habitat;
c) they contain tree species which are threatened, endangered, special concern, provincially or locally rare; or,
d) groupings of trees which are greater than 100 years old.
2.11 Tree and Woodland Protection
2.11.1 The City recognizes the importance of trees and woodlands to the health and quality of life in our
community. The City shall encourage sustainable forestry practices and the protection and restoration of trees
and forests.
2.11.2 Opportunities for tree planting on City -owned lands (such as lands designated Open Space and inactive
portions of parks) shall be identified and implemented in co-operation with government agencies and local
interest groups. In restoration efforts, the City shall plant only native species, preferably those of local origin.
2.11.3 Where the City is undertaking infrastructure work, existing woodland resources shall be protected and
preserved, where feasible. If it is necessary for infrastructure works to destroy any trees, excluding trees that
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are listed as threatened or endangered species, the City shall endeavour to compensate by re -planting on site
and/or planting trees elsewhere.
2.11.4 The City shall maintain and update as necessary a Woodland Conservation Bylaw and Tree Protection
Policy. A Woodland Protection Strategy to protect tree cover on new development sites within urban and rural
settlement areas and provides technical direction and practices to protect trees and other vegetation during
construction shall be prepared to minimize the impacts on trees and woodlands to be retained.
2.11.5 The City shall prepare and update, as necessary, an Urban Forest strategy to protect publicly and
privately owned trees and supporting vegetation within the Urban Area, in accordance with Section C.5.6 —
Green Infrastructure.
C.4.0 INTEGRATED TRANSPORTATION NETWORK
4.3 Active Transportation Network
4.3.5 The City shall design pedestrian friendly streets by:
g) providing benches to allow pedestrians to rest and street trees for shade, where feasible;
4.5 Roads Network
Special Character Roads
4.5.3.3 Heritage roads shall be conserved and protected by the appropriate road authority without jeopardizing
health and safety with a presumption against any works or undertakings that would adversely affect identified
heritage attributes. In particular, within the right-of-way, the City shall endeavour to retain and protect:
b) existing trees and treelines;
4.5.3.4 Works or undertakings, such as intersection improvements, may be undertaken at specific locations to
remedy clearly demonstrated deficiencies at that location provided that they do not adversely affect the
character or attributes of the heritage road. Additionally, development shall not be encouraged where it
adversely affects or has the potential to adversely affect the character or attributes of a heritage road, such as
the removal of distinctive tree lines and tree canopies, fencelines or hedgerows or the placement or
introduction of berms, screens, gateway or entrance features or other unsympathetic barriers.
C.5.0 INFRASTRUCTURE
5.6 Green Infrastructure
5.6.1 The City will encourage the use of green infrastructure in accordance with Section B.3.3 — Urban Design,
including but not limited to:
b) increasing the urban tree canopy through approval and implementation of the City's Urban Forest Strategy
referenced in Section C.2.11 —Tree and Woodland Protection, and;
CHAPTER E — URBAN SYSTEMS AND DESIGNATIONS
E.3.0 NEIGHBOURHOODS DESIGNATION
3.7 Residential Greenfield Design
3.7.5 New residential development in greenfield areas shall generally be designed and planned to:
b) preserve existing trees and natural features; and,
E.4.0 COMMERCIAL AND MIXED USE DESIGNATIONS
4.3 Pedestrian Focus Streets
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4.3.4 In addition to the policies of the specific Commercial and Mixed Use designations, the following policies
shall apply to pedestrian focus streets:
h) Sidewalks shall be required on both sides of the street and shall be of sufficient width to:
iii) ensure sufficient space for coordinated street furnishings, public utilities, and tree plantings;
E.5.0 EMPLOYMENT AREA DESIGNATIONS
5.3 Employment Area — Industrial Land Designation
Design
5.3.5 The following policies shall apply to the lands designated Employment Area — Industrial Land on
Schedule E-1 — Urban Land Use Designations:
a) New development and the redevelopment of existing sites visible from the QEW and from the non -elevated
portions of Burlington Street East shall provide enhanced landscaping, including tree planting, and higher
quality building design to improve both the City's and the Employment Area's image.
b) The City shall promote an improved pedestrian environment within and along the non -elevated portions of
Burlington Street East, with elements such as pedestrian amenities, sidewalks, landscaping/road trees, and
gateway features.
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Town of New Tecumseth
4.5.8 FORESTRY OPERATIONS
a) Forestry operations shall be carried out in accordance with accepted forestry management practices and in
accordance with the County of Simcoe Forest Conservation By-law. Further, the Town should consider
establishing a Town Tree Cutting By-law.
4.5.11 TREE PRESERVATION/ PLANTING
a) The following policies are intended to promote tree planting and the preservation of trees throughout the
Town:
i) There are wooded areas within the Town that are not within the EP1 designation and EP2 Overlay
designation, primarily because of their small size or their location within urban areas. However, these areas
also contribute to the character of the community. It is a policy of this Official Plan that such areas be retained
in their natural state, whenever possible and appropriate, as a condition of development approval;
ii) The Town, in making public work decisions, shall have regard to the existence of trees and make every
reasonable effort to protect them. If trees will be lost due to a public work, it is a policy of this Official Plan that
replanting programs be initiated to compensate for the loss of trees;
iii) The Town shall require the planting of trees of appropriate quality, size and species as a condition of
development approvals wherever possible. Particular attention will be paid to ensure that adequate tree
plantings are provided in boulevards of new streets in plans of subdivisions and in and adjacent to surface
parking lots and new developments to soften their visual impact on adjacent lands and streets;
iv) The Town may undertake a tree planting program along Town roads wherever possible to create, over time,
a canopy of trees that will enhance the character of the community and contribute to the aesthetics of the area;
and,
v) The Town should be planned to achieve a tree cover of 30 percent of the total land area of the Town.
4.6.2 KEY NATURAL HERITAGE FEATURES AND KEY HYDROLOGIC FEATURES
a) Key Natural Heritage Features in the Oak Ridges Moraine Conservation Plan (ORMCP) Area include
wetlands, habitat of endangered, rare and threatened species, fish habitat, areas of natural and scientific
interest (life science), significant valleylands, significant woodlands, significant wildlife habitat, sand barrens,
savannahs and tallgrass prairies. Key Hydrologic Features in the ORMCP Area include permanent and
intermittent streams, wetlands and kettle lakes and seepage areas and springs.
b) Wetlands, significant woodlands and permanent and intermittent streams are identified in Appendix A
5.2.2 URBAN RESIDENTIAL DESIGNATION
Infill Development in Established Residential Neighbourhoods
f) Infill development shall be encouraged throughout the Urban Residential designation provided Council is
satisfied that:
iv) Existing trees and vegetation will be retained and enhanced where possible and additional landscaping will
be provided to integrate the proposed development with the existing neighbourhood;
5.3.2 DOWNTOWN CORE COMMERCIAL DESIGNATION
Public Realm
t) In order to provide the basis for the continuing upgrading of the public realm, the Town shall prepare a Public
Realm Sustainable Design Element Plan that will assist in the review of development applications. Sustainable
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design elements include trees, shrubs, hedges, planting and other ground cover, permeable paving materials,
street furniture, curb ramps, waste and recycling containers and bicycle parking facilities.
5.5 OTHER URBAN LAND USE DESIGNATIONS
5.5.1 URBAN OPEN SPACE DESIGNATION
Cemeteries
g) Cemeteries and accessory uses such as crematoriums, columbariums and mausoleums are permitted in the
Urban Open Space designation subject to the policies of this Section:
• The tree planting and landscaping on the site is designed to complement the plot plan, the existing contours
and the use of abutting lands;
7.0 Design, Heritage and Parkland
7.1 DESIGN
7.1.5 TOWN ROADS
a) Road designs shall include welldesigned streetscape features, in accordance with the road function, and
incorporate, among other things: street tree planting, street lighting and furnishings, bicycle parking spaces and
areas, sidewalk and boulevard treatments, a variety of paving materials, and, where appropriate, bicycle lanes,
community mailboxes and future transit shelters.
c) The design of roads shall incorporate a high quality of urban design standards. On this basis:
ii) On collector and arterial roads within Settlement Areas shown on Schedules D1 and D2 a suitable boulevard
shall be provided to separate the road curb from the sidewalk and such boulevard shall include hard and/or
soft landscape materials, street trees and pedestrian -level street lights, where appropriate;
7.1.8 BUILDING DESIGN
h) New development and redevelopment within residential neighbourhoods shall generally be compatible with
adjacent land uses. Factors to consider in this regard include:
vi) The location of driveways, private garages and trees
7.1.10 LANDSCAPING
h) Landscaping can play an important role in delineating a site's side yards and often provides a visual break in
large asphalted areas. In this regard, landscape strips planted with trees and/or shrubs and flowers shall be
used to separate each development and the associated parking areas. The presence of significant trees on a
development site shall be determined through a tree survey and, where appropriate, preserved, maintained
and integrated into the new landscape design.
7.1.11 PARKING
b) Where surface parking areas are situated adjacent to a public street in the front yard, their layout should be
subdivided into smaller areas to avoid large monotonous asphalt surfaces. In these cases, a certain
percentage of the frontage should be reserved for landscaping between the buildings and the street line. The
parking areas may be partially buffered and/or screened from the street through the use of landscaping, tree
planting, pedestrian facilities, lighting, fencing and/or other landscape elements in order to enhance the visual
aesthetics of, and pedestrian activity within, such parking areas.
7.1.13 SERVICES, UTILITIES, OUTSIDE PROCESSING, AND STORAGE
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b) Site access, service areas and loading areas shall be located away from streets so as to minimize disruption
or conflicts with adjacent land uses, sidewalks and both on-site, and off-site, pedestrian routes and shall be
visually screened as necessary from public views. Screening should be designed to use landscaping and/or
solid fencing. Loading and service areas should be buffered for noise impacts, particularly when located
against residential areas. Buffering strategies include berms, tree and shrub planting and opaque noise walls
and fences.
7.1.16 DESIGN IN THE RURAL/ AGRICULTURAL AREA
b) It is the intent of this Official Plan to protect the natural and rural character of the rural landscape wherever
possible, in accordance with applicable regulations including the Minimum Distance Separation Formulae. On
this basis, Council shall ensure, as a condition of any Planning Act approval for development located within the
Rural/Agricultural Area that the following are considered:
ii) Existing trees are maintained wherever possible;
9.3 STORMWATER MANAGEMENT FACILITIES
9.3.4 POLICIES FOR THE RURAL/AGRICULTURAL AREA
a) In the Rural/Agricultural Area, best practices for stormwater management will be incorporated, including the
use of tree cover and natural vegetation and other permeable surfacing that reduces run off and facilitates
groundwater recharge, grading and drainage to control erosion and siltation.
9.4 MOBILITY AND ACTIVE TRANSPORTATION
9.4.4 POLICIES FOR ACTIVE TRANSPORTATION
To protect the safety of pedestrian and cyclists, the Town will endeavour to utilize traffic calming initiatives
such as:
i) Street design that discourages vehicle speeding through ROW design, complimentary streetscape design,
building proximity to the street and boulevard street tree planting
9.4.7 PARKING
Design standards for the location, layout, construction, lighting and landscaping of off-street parking areas will
be applied through the site plan control review and approval process. The intent of such standards will be to
achieve safe access, efficient usage, improved aesthetics and reduced impacts on adjacent land uses and
transportation corridors. Key design elements that will be considered by the Town include:
iii) Tree planting and other landscaping elements, including landscaped islands.
10.5 COMPLETE APPLICATIONS
Supplemental Submission Requirements
f) The following may be required to support an application for Official Plan Amendment, Zoning By-law
Amendment, Plan of Subdivision/ Condominium, or Consent:
xix) Tree Preservation Study;
10.10 SITE PLAN CONTROL
g) Sustainable design elements, which include trees, shrubs, hedges, plantings or other ground cover,
permeable paving materials, street furniture, curb ramps, waste and recycling containers and bicycle parking
facilities may be required on a public rightof-way, depending on a proposed development's location and the
identified need for such sustainable design elements in Urban Design Guidelines that have been approved by
the Town.
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City of Toronto
2.3 STABLE BUT NOT STATIC: ENHANCING OUR NEIGHBOURHOODS AND GREEN SPACES
6. Environmental sustainability will be promoted in Neighbourhoods and Apartment Neighbourhoods by
investing in naturalization and landscaping improvements, tree planting and preservation, sustainable
technologies for stormwater management and energy efficiency and programs for reducing waste and
conserving water and energy.
3.1 THE BUILT ENVIRONMENT
3.1.1 THE PUBLIC REALM
6. City streets are significant public open spaces which connect people and places and support the
development of sustainable, economically vibrant and complete communities. New and existing City streets will
incorporate a Complete Streets approach and be designed to perform their diverse roles by:
a) balancing the needs and priorities of the various users and uses within the right-of-way, including provision
for:
ii. space for trees, landscaping and green infrastructure;
13. Sidewalks and boulevards will be designed to provide safe, attractive, interesting and comfortable spaces
for users of all ages and abilities by:
a) providing well designed and co-ordinated tree planting, landscaping, amenity spaces, setbacks, green
infrastructure, pedestrian -scale lighting, street furnishings and decorative paving as part of street
improvements;
b) locating and designing utilities within streets, within buildings or underground, in a manner that will minimize
negative impacts on the natural, pedestrian and visual environment and enable the planting and growth of
trees to maturity;
16. The preservation, long-term growth and increase in the amount of healthy trees will be a priority for all
development. Development proposals will demonstrate how the protection, provision and maintenance of trees
and their growing spaces above and below ground will be achieved.
20. Privately Owned Publicly -Accessible Spaces (POPS) are spaces that contribute to the public realm but
remain privately owned and maintained. POPS do not replace the need for new public parks and open spaces.
POPS provided through development will:
e) include new trees, seating, public art, landscaping and integration of stormwater capture where appropriate;
3.1.2 PUBLIC REALM — HIGHER -ORDER TRANSIT
c) providing safe, attractive and accessible routes and places of public entry, travel and use through the use of
design elements such as, but not limited to:
ii. tree planting, landscaping, pedestrian -scale lighting, street furnishings, decorative paving and other
sustainable features or green infrastructure;
3.1.3 BUILT FORM
SITE ORGANIZATION & LOCATION
1. Development will be located and organized to fit with its existing and planned context. It will frame and
support adjacent streets, lanes, parks and open spaces to promote civic life and the use of the public realm,
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and to improve the safety, pedestrian comfort, interest and experience, and casual views to these spaces from
the development by:
e) preserving existing mature trees wherever possible and incorporating them into the development site;
IMPROVING THE PUBLIC REALM THROUGH BUILDING DESIGN
10. Development will promote civic life and provide amenity for pedestrians in the public realm to make areas
adjacent to streets, parks and open spaces attractive, interesting, comfortable and functional by providing:
a) improvements to adjacent boulevards and sidewalks including sustainable design elements, which prioritize
street trees and may include one or more of the following: shrubs, hedges, plantings or other ground cover,
permeable paving materials, bio -retention swales, street furniture including seating in various forms, curb
ramps, waste and recycling containers, energy efficient lighting and bicycle parking facilities;
f) safe, direct pedestrian routes and tree plantings throughout the site and within surface parking lots, where
possible;
PRIVATE & SHARED AMENITY SPACES
13. Outdoor amenity spaces should:
g) accommodate existing and mature tree growth;
3.4 THE NATURAL ENVIRONMENT
The urban forest is essential to the City's character. More than three million trees dominate our ravines, line
our boulevards and beautify our parks. They provide shade and habitat, help clean the air, contribute to the
green links between our streets, neighbourhoods, employment areas and parks, and support ecosystem
diversity. Citybuilding and development pressures, however, can create a difficult environment in which to
sustain the urban forest canopy. We must not only protect the existing urban forest, but also enhance it,
especially by planting native trees and trees that increase canopy coverage and diversity, or other non-invasive
species where urban conditions may limit the survival of native species.
1. To support strong communities, a competitive economy and a high quality of life, public and private city -
building activities and changes to the built environment, including public works, will be environmentally friendly,
based on:
d) preserving and enhancing the urban forest by:
i. providing suitable growing environments for trees;
ii. increasing tree canopy coverage and diversity, especially of long-lived native and large shade trees; and
iii. regulating the injury and destruction of trees;
4.3 PARKS AND OPEN SPACE AREAS
Development Criteria in Parks and Open Space Areas
6. Any development provided for in Parks and Open Space Areas will:
a) protect, enhance or restore trees, vegetation and other natural heritage features and maintain or improve
connectivity between natural heritage features;
4.5 MIXED USE AREAS
DEVELOPMENT CRITERIA IN MIXED USE AREAS
2. In Mixed Use Areas development will:
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m) provide opportunities for green infrastructure including tree planting, stormwater management systems and
green roofs.
4.7 REGENERATION AREAS
DEVELOPMENT CRITERIA IN REGENERATION AREAS
2. For each Regeneration Area a framework for new development will be set out in a Secondary Plan.
Development should not proceed prior to approval of a Secondary Plan. The Secondary Plan will guide the
revitalization of the area through matters such as:
c) a green infrastructure strategy including tree planting, stormwater management systems and green roofs;
4.8 INSTITUTIONAL AREAS
5. Universities, colleges and hospitals will be encouraged to create campus plans in consultation with nearby
communities that will:
k) identify opportunities for green infrastructure including tree planting, stormwater management systems and
green roofs.
5.1.3 SITE PLAN CONTROL
3. To help achieve environmentally sustainable development, the City may use subsection 114(5)(2)(iv) and (v)
of the City of Toronto Act, 2006 to secure the following sustainable design features in development that
address exterior building and site matters in Tier 1 of the Toronto Green Standard:
b) high -albedo surface materials, open grid paving, shade trees, green and cool roofs to reduce ambient
surface temperature to minimize the urban heat island effect;
e) trees to enhance the urban forest and use of native species to protect, restore and enhance the natural
heritage system;
5.3.5 GREAT CITY CAMPAIGNS
2. Campaigns and campaign projects will engage community groups, business and industry, non-governmental
organizations, our universities and colleges, the arts and cultural communities, Council and representatives of
other levels of Government to achieve progress over time in the priority areas:
d) greening Toronto through naturalization, planting trees and acquiring and protecting natural areas;
APPLICATION REQUIREMENTS
Additional Requirements of the Official Plan
In addition to the prescribed requirements of the Planning Act, the following non -prescribed information will
also be required to evaluate a planning application, unless it is determined that certain studies, plans, drawings
and reports are not applicable.
Arborist Report — for properties with existing trees and/or trees within six metres of all property lines. A
technical report that identifies the location, species, size and condition of trees and describes maintenance
strategies and protection measures to be implemented.
Tree Protection Plan — for properties with existing trees and/or trees within 6 metres of all property lines. A plan
prepared in conjunction with an arborist report that identifies the location, species and size of trees, identifies
the extent of injury, where applicable, and illustrates details of protection measures including the location of
protective barriers.
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City of Vancouver
PART 3: PLAN ASPIRATIONS
3 CLIMATE PROTECTION & RESTORED ECOSYSTEM
• Plant more trees in areas with limited tree canopy to take advantage of all the natural benefits trees provide
PART 4: LAND USE STRATEGY
Neighbourhoods I Directions and Policies
Direction L1.1: Daily Needs
L1.1.4 Mitigate the loss of ecology as neighbourhoods densify by retaining trees and native soils where
possible, improving public realm ecology, and integrating ecological function into the design of new buildings.
Direction L1.3: Metro Core/Broadway
L1.3.7 Ecology. Improve tree canopy, especially in DTES, and integrate green space for rainwater and urban
drainage.
Direction L1.6: Neighbourhood Centres
L1.6.8 Nature. Explore opportunities to retain trees and preserve native soils wherever possible. Integrate
ecological landscaping and function into the design of new private developments.
PLACEMAKING AND URBAN DESIGN
Direction L2.2: Commercial Areas
L2.2.1 Solar access on shopping streets. Provide building heights and massing along shopping streets that
allow for adequate sunlight for healthy trees and well -used streets and patios.
L2.2.5 Comfortable shopping streets. Where commercial areas are oriented along busy arterial streets, aim to
provide appropriate space, trees or planting, and physical separation to ensure a comfortable pedestrian
environment.
PART 5: POLICY AREAS
4. ECOLOGY
Direction 4.2: Make Space for Nature
4.2.1 Establish a healthy, city-wide ecological network through transforming road space, parkland acquisition,
and naturalization of parks and other City -owned public property. Increase the urban forest canopy and expand
the blue green network.
4.2.4 Retain and grow a healthy and resilient urban forest, using City tools such as zoning, servicing and
subdivision bylaws, and upgraded street designs to provide more space for permeability, quality soil, and
increased tree canopy across the city.
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City of Edmonton
1.4.2.3 Expand and enhance a healthy and sustainable urban forest.
5.1.2.2 Expand and diversify Edmonton's urban tree canopy and native vegetation
3. Green and Blue Network
Edmonton's Green and Blue Network contains human and ecological elements. In many ways this is about
reinforcing better relationships between the two. Edmontonians understand the value of our environment and
habitat, so it is protected and, where possible, restored and repaired. People need access to nature for
recreation and health. The Green and Blue Network is used by people for cycling, walking, running, rolling,
canoeing and relaxation. It is vital to support local biodiversity and ecological connectivity. In addition to
protecting our natural systems, the City celebrates its diverse cultures and identities through festivals and
events that take place within this network.
We identify strongly with our natural and human -made network of greenspaces and water bodies. It's part of
being an Edmontonian. This network is our beautiful boulevard trees, creeks, wetlands and other natural areas.
It's our river valley and ravines. Our parks. Our forests. Our wetlands, grasslands and dunes. We will
complement our Green and Blue Network with infrastructure and spaces that support its ecological function
and in ways that strengthen Edmontonians' relationship with nature. We know our Green and Blue Network
exists in the global context beginning with regional connections such as the North Saskatchewan River, Big
Lake, Beaver Hills Biosphere and Sand Hills/ Devon Dunes.
The natural environment is also integrated with the city's built environment and mobility system. People have to
get to and navigate open spaces. In this regard, the Green and Blue Network is put to its best use if it can be
reached by all. Nodes and corridors provide the opportunity to create new and unique ways to combine activity
and density with the natural features and connections that Edmontonians want and need in all seasons. This
could include vertical parks, living walls, green roofs, swales, urban agriculture and naturalized rightsof-way
throughout the city. We are focused on improving ecological function in non-residential areas. Open space,
whether in the form of an urban canopy running along a street or an urban forest in the river valley, is going to
be a critical part of the conversation as we manage Edmonton's growth and change.
Our system of parks, open spaces and natural areas support celebration, ecology and wellness. The Green
and Blue Network is made up of the following components that can be found on map 4.
Urban Greenway comprises enhanced landscaping along transportation routes that improve the human
environment and condition through contact with nature and species that move through the greenway. This may
include transportation and / or utility corridors adapted to provide new treed boulevards or less formal green
linkages connecting people to parks, schools, services and community amenities. Urban Greenways offer a
means to enhance our road rights-ofways with trees and landscaping, clean and conserve our stormwater, and
reintroduce nature within public spaces that improve our health and wellness.
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City of Surrey
B1 POLICIES: Streets
131.27 Ensure new and existing streets in Surrey's City Centre accommodate as many street trees as possible.
Redevelopment sites shall prioritize the provision of street trees through retention or new plantings and by
taking steps to ensure planting conditions are suitable for long-term, healthy tree growth. Species chosen
should be adaptable to increasingly warmer summer climates.
B3 POLICIES: Urban Design
B3.9 Encourage development that supports increased transit, pedestrian and cycle use along existing or
planned Frequent Transit Corridors, including in Skytrain Corridor Planning Areas, by:
• Providing generous sidewalk widths that are free of obstacles and are finished with a high level of pedestrian
amenities such as street lighting, street trees, landscaped boulevards, transit shelters, benches and seating
areas
B4 POLICIES: Nature and Green
B4.24 Protect and retain significant trees, forest stands and other natural features within new and existing
neighbourhoods.
B4 POLICIES: Street and Walkways
B4.27 Design local streets to allow multiple modes of travel and enhanced pedestrian and cycling
opportunities. Wherever feasible, sidewalks and treed boulevards shall be located on both sides of all streets.
B5 Memorable Features
B5 POLICIES: Gateways and Corridors
B5.4 Retain and enhance attractive natural and cultivated landscapes and built structures along major
highways and roads throughout Surrey by protecting native vegetation and significant trees, avoiding blank
walls and outdoor storage in development and by ensuring high quality signage.
B5 POLICIES: Rivers and Escarpments
B5.9 Work with businesses using the Fraser River to enhance the industrial character and shoreline image of
the Fraser River. Use riparian enhancements and the planting of native vegetation, including trees and shrubs,
as a screening mechanism, where feasible.
B5.10 Protect and enhance the generally forested character of the escarpment slopes along the Fraser River
and the agricultural valleys through tree protection measures and replanting programs.
B6 POLICIES: Public -Private Interface
B6.6 Design buildings to enhance the activity, safety and interest of adjacent public streets, plazas and spaces
by:
• Providing a clear delineation between public space and private residential areas by using street trees,
landscaping and low walls or fences that do not create a visual barrier
B6 POLICIES: Innovative Design
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B6.14 Use Development Permits, where feasible, to ensure the incorporation of green elements into the design
of public spaces, including:
• Existing trees retained and incorporated into new and redevelopment projects
B6 POLICIES: Comfort, Accessibility and Safety
B6.19 Consider planting shade trees, particularly in areas with extensive hard surfaces, to provide shade,
increase comfort and reduce heat island effect.
B6.21 Promote healthy and comfortable urban areas and environments, work places and health care centres
by providing adequate access to trees and natural landscapes.
C2 Transportation
C2 POLICIES: General
C2.7 Consider modifying infrastructure requirements to respond specifically to special considerations such as
crossing riparian areas or significant tree retention.
C2 POLICIES: Roads
C2.11 Ensure adequate Rights -of -Way are established to accommodate existing and future transportation
needs for pedestrians, cyclists, transit services, vehicle travel, goods movement, boulevards (including street
trees) and drainage and utility service corridors, as illustrated in the Major Road Allowance Map of Surrey's
Subdivision and Development By-law, as amended.
C2.15 Reduce the impacts of transportation infrastructure on the natural environment including watercourses,
vegetation, trees, agriculture and conservation lands by:
• Modifying road layouts and cross sections, where feasible, to protect significant trees and natural areas.
C2 POLICIES: Walking
C2.22 Promote a positive pedestrian experience by designing, constructing and maintaining sidewalks and
walkways with sufficient width, curb separation, appropriate surfacing, adjacent street trees and adequate
lighting. Consider adding street furniture and weather protection amenities, where appropriate, to enhance
pedestrian comfort.
D1 Green Infrastructure and Ecosystem Management
D1 POLICIES: Green Infrastructure Network
D1.6 Work toward protecting existing natural urban forests and natural vegetative coverage to maximize
Surrey's tree canopy and reach the target goal of 40 percent (40%) canopy coverage for the entire city
D1.7 Develop and implement strategies for protecting and enhancing biodiversity throughout Surrey, such as:
• Retaining and protecting significant trees and undisturbed natural vegetation areas through the development
process and the implementation of Surrey's Tree Protection By-law (as amended) and other regulatory by-laws
to achieve the City's conservation objectives
D1.8 Encourage and promote the planting of native vegetation and trees on public and private property to
increase overall tree canopy coverage and to enhance wildlife populations and habitat quality.
D2 POLICIES: Flood Hazards
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D2.10 Consider and prepare for the projected impacts of climate change on flood hazard areas due to sea
level rise and flood risk. Take into account the effects of long-term climate change such as increased flooding
events, increased runoff due to development and a reduced percentage of overall mature tree cover.
D3 Greener Site Development
D3 POLICIES: Site Development
D3.9 Provide adequate growing material and soil depth on development sites and public boulevards to properly
accommodate tree roots and adequate growth capacity to sustain site landscaping.
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Staff Report
r
NJ :R
Infrastructure Services Department www.kitchener.ca
REPORT TO: Community and Infrastructure Services Committee
DATE OF MEETING: April 24, 2023
SUBMITTED BY: Jeffery Silcox -Childs, 519-741-2600 ext. 4518
PREPARED BY: Josh Shea, Manager, Forestry & Natural Areas Management, 519-741-
2600 ext. 4177
WARD(S) INVOLVED: Ward 3
DATE OF REPORT: April 5, 2023
REPORT NO.: INS -2023-181
SUBJECT: Wiijindamaan Indigenous Land Restoration Project at Pioneer Tower
RECOMMENDATION:
That Council direct staff to proceed with the proposed Land Restoration Project and
authorize the General Manager, Infrastructure Services to sign agreement(s) with project
partners, subject to review and satisfaction of the City solicitor.
REPORT HIGHLIGHTS:
• The purpose of this report is to provide an update on the Wiijindamaan Indigenous Land
Restoration project. The City of Kitchener is working collaboratively with local Indigenous
organizations, White Owl Native Ancestry Association and Wisahkotewinoak Urban
Indigenous Garden Collective organizations, and Conestoga College to enter into a
partnership to restore the Pioneer Tower Natural Area..
• Discussions are nearing completion between the City, White Owl Native Ancestry
Association and Conestoga College to finalize a Memorandum of Understanding (MOU) for
the project and between the City and Grand River Conservation Authority to finalize a
maintenance agreement allowing the City and partners to manage the adjacent GRCA lands
under the same guiding principles as the Wiijindamaan Indigenous Land Restoration project.
• Early stages of the physical land restoration are scheduled to commence in late Spring 2023.
• Conestoga College is the lead funder for this project through an NSERC research grant.
Any financial implications related to the City's contributions will be absorbed within existing
capital funding from our natural areas program. There is no additional or new funding being
requested at this time.
• Community engagement will commence in spring 2023 and be co -led by the City and project
partners. Engagement will be directed towards neighbourhoods in closest proximity to the
project site to highlight and inform them about pending changes to the landscape and the
intentions and objectives behind the land restoration. Conestoga College have engaged with
Six Nations of the Grand First Nation and Mississauga's of the Credit First Nation to seek
support for the project.
This report supports the delivery of core services.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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BACKGROUND:
In June 2022 Council was made aware of a pending agreement between City of Kitchener and
Conestoga College to support land restoration activities at Pioneer Tower and to allow access
to these lands for the College's Indigenous Studies Program (as well as other faculties) for
purposes of education and land-based learning.
Pioneer Tower Natural Area is a 15 -hectare property owned by the City of Kitchener and is
currently managed as a natural area under the direction of the Forestry & Natural Areas team.
This land will be the site being restored through this project. The property itself is comprised of
lowland deciduous forest and meadow habitats as well as a large portion of fallow land located
within the floodplain of the Grand River, which was previously under passive (row crop)
agriculture and is currently planted with a clover -based cover crop. Immediately adjacent to
these lands is natural area property owned by the GRCA which has been identified for inclusion
within this project. Attachment A provides a map of the location.
The Wiijindamaan: An Indigenous Land-based Futurity Project is funded by a three-year NSERC
(National Sciences and Engineering Research Council of Canada) grant through Conestoga
College. The City of Kitchener and other project partners will contribute in-kind support through
knowledge sharing, project planning and coordination as well as through the support of staff
resources and in sharing materials like woodchips, tree planting supplies, and other supplies.
Wiijindamaan is the innovative development and application of urban land co -management
strategies rooted in traditional Indigenous land-based practices and knowledges. Building on
work already accomplished by local grassroots Indigenous community organizations, this project
will allow for enhanced coordinated effort among community partners (White Owl,
Wisahtewinowak, Conestoga College andCity of Kitchener) to create a land restoration project
that secures and produces sustainable, traditional food and medicines, increases local
biodiversity through habitat restoration and reintroduction of native species, builds community
capacity, mobilizes knowledge, and exercises land co -management and relational agricultural
practices on the land.
Starting in late spring 2023, once the MOU is finalized, a collaborative decision-making group
with members from each partner group will be formed to oversee the implementation of a land
restoration plan. This group will act as the steering body to support project governance and guide
land restoration.
The land restoration will be staged over several years and guided by a Land Restoration Plan.
Initial plans for the early phases include the establishment of food plots, planting of a fruit
orchard, ceremonial space creation, and habitat restoration including prairie grass savannah.
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STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
This project has no anticipated financial impacts. Any contributions from City of Kitchener
towards the land restoration will be directed from existing natural area capital funding.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
council / committee meeting.
CONSULT — Consultation to date has been led by Conestoga College who have engaged Six
Nations of the Grand River First Nation and Mississaugas of the Credit First Nation on this project
and have received support to move forward. A land ceremony was held in summer 2022 with
guests from Mississaugas of the Credit First Nation attending along with local Indigenous
communities.
Some preliminary engagement and project introductions were also held in fall 2022 as part of a
community feast event hosted by ConestogaCollege. People from local Indigenous communities
were invited to the feast to learn more about the project and to share ideas and opportunities for
collaboration.
Further consultation is planned for spring 2023 which will be co -led by all project partners. This
effort will start with an invitation to people from the nearby neighbourhood to have them visit and
tour the project site to understand the project intent, goals and planned activities. A sign will also
be installed at the site informing people from nearby neigbourhoods that the lands of the Pioneer
Tower Natural Area will be undergoing land restoration in partnership with Indigenous
communities and Conestoga College.
PREVIOUS REPORTS/AUTHORITIES:
APPROVED BY: Denise McGoldrick, General Manager, Infrastructure Services
ATTACHMENTS:
Attachment A — Site Map Pioneer Tower Natural Area
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Attachment A — Site Map
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