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Home My WebLink AboutCIS Agenda - 2025-06-02Community and Infrastructure Services Committee Agenda Monday, June 2, 2025, 7:00 p.m. - 8:00 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 Administrative Monetary Penalty System - Increased Penalty fines for 3 Parking Violations, CSD -2024-431 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 5:00 p.m. on June 2, 2025 in order to participate electronically. 4.1 None at this time. 5. Discussion Items 5.1 Updates to the Public Tree By-law, INS -2025- 30 m 12 190 (Staff will provide a 5 -minute presentation on this matter.) 6. Information Items 6.1 Rental Replacement By-law, Year -One Update, DSD -2025-200 36 7. Adjournment Marilyn Mills Committee Coordinator Page 2 of 41 Staff Report J KtgR Community Services Department www. kitchen er.ca REPORT TO: Community and Infrastructure Services Committee DATE OF MEETING: June 2, 2025 SUBMITTED BY: Gloria MacNeil, Director or Enforcement, 519-741-2200 ext. 7952 PREPARED BY: Gloria MacNeil, Director or Enforcement, 519-741-2200 ext. 7952 WARD(S) INVOLVED: All DATE OF REPORT: May 12, 2025 REPORT NO.: CSD -2024-431 SUBJECT: Increased Penalty Fines for Parking Violations RECOMMENDATION: That Council approve the attached schedule under the Administrative Monetary Penalty System (AMPS) to increase penalty fines for parking violations as outlined in CSD -2024-431. REPORT HIGHLIGHTS: • Parking fines have not been increased in the City of Kitchener since 2008. • City of Kitchener parking fines are considerably lower than surrounding municipalities. • Staff are recommending an increase of $10 for most parking violations and a larger fine amount for any safety related parking restrictions. BACKGROUND: The City's parking fine structure has not undergone an update since 2008. Staff have reviewed the current fine structure to assess whether they continue to serve as an effective deterrent and to remain consistent with those imposed by neighbouring municipalities. Aligning our fines with regional comparators better reflects current enforcement and administrative costs. REPORT: Staff are recommending an increase of $10 for each parking violation, this increase will help align Kitchener's parking fines with our neighbouring municipalities. Staff have flagged five violations that are in place to address safety concerns and are recommending higher fine increases for these to appropriately reflect the associated safety risks. These specific fines include school zones, fire routes, fire hydrants, snow events and accessible parking. Increasing of parking fines will allow Kitchener's parking fines more closely aligned to those of our neighbouring municipalities. The Bylaw Enforcement Division has seen a substantial increase in the number of complaints related to parking violations year over year. The increased volume in residents' complaints has resulted in the need to add additional staffing coverage and shifts to maintain response levels and enforcement. Typically, fines are intended to act as a deterrent. Staff believe higher fines in combination with other strategies, such as the use of technology, will begin to curb or maintain complaint levels from increasing further. *** 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 41 The chart below displays the number of parking complaints responded to each year since 2017 and demonstrates the year over year increase. As shown in the chart, the total number of complaints have doubled over the past seven years. The chart also includes the number of parking tickets issued in the same time frame demonstrating a similar pattern of increased enforcement annually. Annual Number of Parking Complaints/Tickets *Drop in 2020 was related to the pandemic where parking enforcement was suspended for several months. Staff have also provided a chart outlining the most common parking violations and subsequent fine amounts that are currently approved within the City of Kitchener and included the comparable fine amounts from the cities of Waterloo, Cambridge and the Region of Waterloo. The chart below clearly demonstrates that the majority of Kitchener's fines are lower than the other three municipalities Current Parking Penalty Fines and Comparators to Neighbouring Municipalities 2017 2018 2019 2020 2021 2022 2023 2024 Complaints 7826 9091 10081 7495 9714 12687 14575 17162 Tickets Issued 61,998 69,354 70,078 44,556 46,423 61,448 67,135 67,191 *Drop in 2020 was related to the pandemic where parking enforcement was suspended for several months. Staff have also provided a chart outlining the most common parking violations and subsequent fine amounts that are currently approved within the City of Kitchener and included the comparable fine amounts from the cities of Waterloo, Cambridge and the Region of Waterloo. The chart below clearly demonstrates that the majority of Kitchener's fines are lower than the other three municipalities Current Parking Penalty Fines and Comparators to Neighbouring Municipalities *school bus loading zone only — no "School Zone" specific Staff are recommending an average increase of $10 to each of the penalty fines, with the exception of parking violations that have a safety component to them, the penalty fines associated with these are higher and vary depending on the violation. Proposed Parking Penalty Fines with Increased Amounts Bylaw Private Property Overnight Parking 230am- 600am Over 3 hour limit Parked over Sidewalk No Parking Fire Hyd- rant Fire Route Accessible Parking Space Stopped in School Zone Kitchener $25 $30 $20 $25 $25 $25 $75 $300 $80 Waterloo $40 $40 $40 $45 $50 $80 $80 $400 $100 Cambridge $35 $45 $35 $40 $35 100 $100 $400 *$55 Region $25 $40 $35 $35 $60 $50 $75 $300 $90 *school bus loading zone only — no "School Zone" specific Staff are recommending an average increase of $10 to each of the penalty fines, with the exception of parking violations that have a safety component to them, the penalty fines associated with these are higher and vary depending on the violation. Proposed Parking Penalty Fines with Increased Amounts Bylaw Private Overnight Over Parked No Fire Fire Accessible Stopped Property Parking 3 over Parking Hydrant Route Parking in 230am- hour sidewalk Space School 600am limit Zone Current $25 Fine $25 $30 $20 $25 $25 $75 $300 $80 Amount Proposed $10 $10 $10 $10 $10 $25 $25 $100 $20 Increase New Fine $35 $40 $30 $35 $35 $50 $100 $400 $100 Amount Page 4 of 41 STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Staff do anticipate that higher fines may lead to increased revenue, however the intent of increased fines is to deter behaviour. It is difficult to predict the increase or how long it may be sustained, staff did see a decrease in the number of tickets issued in 2008 after fines were increased which impacted the annual fine revenue and foresee a similar response. The other anticipated challenge is fine collection, which is completed on the City's behalf by Service Ontario, staff have no control over when fines are paid, and collection can be delayed. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. APPROVED BY: Michael May, DCAO Appendix A: Set Fines — Administrative Monetary Penalty's Page 5 of 41 SCHEDULE "A" DESIGNATED BY-LAWS, SHORT FORM WORDINGS AND ADMINISTRATIVE PENALTIES 1. The provisions of each by-law listed in Column 2 of the following tables are Designated By-laws. 2. Column 3 in the following tables sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 2. 3. Column 4 in the following tables sets out the Administrative Penalty amount that is payable for a contravention of the designated provision listed in Column 2 for the matter(s) identified in Column 3. CITY OF KITCHENER TRAFFIC & PARKING BY-LAW NUMBER 2019-113, AS AMENDED FROM TIME TO TIME OR ANY SUCCESSOR THEREOF COLUMN 1 ITEM COLUMN 2 DESIGNATED PROVISION COLUMN 3 SHORT FORM WORDING COLUMN 4 ADMINISTRATIVE PENALTY AMOUNT 1 Part V 1(a) Parked in Permit Only Parking Area Without Permit $35.00 2 Part V 2(a) Parked More Than 0.15 Metres From Curb $35.00 3 Part V 2(a) Parked Facing Wrong Direction $35.00 4 Part V 2(b) Parked Facing Wrong Direction On One Way Street $35.00 5 Part V 2(b) Parked More Than 0.15 Metres From Curb On One Way Street $35.00 6 Part V 2(b) Failed To Park Parallel To Curb On One Way Street $35.00 7 Part V 2(d) Parked On The Abutting Roadway $35.00 8 Part V 2(e) Parked In More Than One Space $35.00 9 Part Via i Parked On/over A Curb $35.00 10 Part V 3 a ii Parked On/Over Sidewalk $35.00 11 Part V 3 a ii Parked On Boulevard $35.00 12 Part V 3(a)(iii) Parked In Intersection $35.00 13 Part V 3 a iii Parked on/over multi -use trail $35.00 14 Part V 3 a iii Parked Within A Roundabout $35.00 15 Part V 3(a)(iv) Parked Within 3 Metres Of A Fire Hydrant $50.00 Page 6 of 41 16 Part V 3(a)(v) Parked Within 15 Metres Of A $35.00 Railway Crossing 17 Part V 3(a)(vi) Parked Within 9 Metres Of An $35.00 Intersection 18 Part V 3(a)(viii) Parked Within 1.5 Metres Of A $35.00 Driveway 19 Part V 3(a)(viii) Parked Preventing (Ingress $35.00 to/E ress From) Driveway 20 Part V 3(a)(x) Parked Obstructing A $35.00 Crosswalk 21 Part V 3 a xi Parked Obstructing Traffic $35.00 22 Part V 3(a)(xiii) Parked Longer Than 3 $30.00 Consecutive Hours 23 Part V 3(a)(xiv) Parked On Highway Between $40.00 2:30 a.m. And 6:00 a.m. 24 Part V 3(a)(xv) Parked For Repairing Vehicle $35.00 25 Part V 3(a)(xv) Parked For Washing Vehicle $35.00 26 Part V 3(a)(xv) Parked For Maintaining Vehicle $35.00 27 Part V 3(a)(xvi) Parked For Soliciting $35.00 (Goods Services) 28 Part V 3(a)(xvi) Parked For Buying $35.00 (Goods Services) 29 Part V 3(a)(xvi) Parked For Selling $35.00 (Goods Services) 30 Part V 3(a)(xvi) Parked For Loading/Unloading Loading/Unloading $35.00 31 Part V 3(a)(xvi) Parked To Conduct Business $35.00 32 Part V 3(a)(xvii) Parked Within 15 Metres of Bus $35.00 Stop 33 Part V 3(a)(xvii) Parked Within 15 Metres of $50.00 Light Rail Transit Stop 34 Part V 3 a xxv Parked In A Bicycle Lane $35.00 35 Part V 3 a xviii Parked In A Reserved Lane $35.00 36 Part V 3(b) Parked On The Highway During $35.00 An Emergency 37 Part V 3(a)(xix) Parked Transit Bus On $35.00 Highway 38 Part V 3(a)(xx) Parked School Bus On a $35.00 Highway 39 Part V 3(a)(xxii) Parked A Trailer More Than 10 $35.00 Metres In Length 40 Part V 3(a)(xxi) Parked Heavy Truck On $55.00 Hi hwa 41 Part V 3 (a)(xxiii) Parked Vehicle Which is $35.00 Unlicensed 42 Part V 3(a)(xxiv) Parked Vehicle Which is $35.00 Leaking Fluids 43 Part V 3(c) Parked In A Construction $35.00 Parking Area Without Permit 44 Part V 4(a) Parked In Prohibited Area $35.00 Page 7 of 41 45 Part V 5 Parked Over Time Limit $30.00 46 Part V 6 Parked Backed In At Angle $35.00 47 Part V 6 Parked At Wrong Angle $35.00 48 Part V 7(i) Stopped In School Bus Loading $55.00 Zone 49 Part V 7 ii Stopped On Median $55.00 50 Part V 7 ii Stopped Adjacent To Median $55.00 51 Part V 7(iii) Stopped Within 30 Metres Of $55.00 Bridge 52 Part V 7(iii) Stopped Within 30 metres Of $55.00 Tunnel 53 Part V 7(iii) Stopped Within 30 Metres Of $55.00 Underpass 54 Part V 7 iv Stopped Within A Roundabout $55.00 55 Part V 8(a) Stopped In No Stopping Zone $55.00 56 Part V 9 Stopped In Loading Zone $55.00 57 Part V 10 Stopped In Taxicab Stand $55.00 58 Part V 11 a Stopped In A School Zone $100.00 59 Part V 12(a) Parked (On/Over) Sidewalk $60.00 During a Special Event 60 Part V 12(a) Parked On Boulevard During a $60.00 Special Event 61 Part V 12(b) Parked Within 1.5 Metres Of A $60.00 Driveway During a Special Event 62 Part V 12(c) Parked Within 3 Metres Of A $60.00 Fire Hydrant During a Special Event 63 Part V 12(d) Parked In Prohibited Area $60.00 During a Special Event 64 Part V 12(e) Stopped In No Stopping Zone $100.00 During a Special Event 65 Part V 12(f) Parked On The Highway During $60.00 An Emergency During a Special Event 66 Part V 12(g) Parked Over Time Limit During $50.00 a S ecial Event 67 Part V 12(h) Parked Longer Than 3 $50.00 Consecutive Hours During a Special Event 68 Part VI 1 b Parked At Expired Meter $30.00 69 Part VI (1) (a) (c) (e) Park in Parking Meter Zone — $35.00 fail to pay required fee 70 Part VI (1)(c) Park in Parking Meter Zone - $35.00 longer than maximum permitted time 71 Part VI 1(e) Parked Not Wholly In Parking $35.00 Space 72 Part VI 4(c) Parked Taxicab In A Metered $35.00 Space Page 8 of 41 73 Part V 3(d) Parked on a Highway During a $100.00 COLUMN 4 ADMINISTRATIVE PENALTY AMOUNT 1 Snow Event parked not wholly in parking space 74 Part VI 3 Parked in accessible space $400.00 $35.00 3 without permit parked vehicle longer than 6.1 metres 75 Part VI 3 Stopped in accessible space $400.00 $35.00 5 without permit parked buying (good s)(services) BY-LAW NUMBER 88-169, BEING A BY-LAW TO REGULATE THE PARKING OR LEAVING OF VEHICLES ON MUNICIPAL PARKING FACILITIES COLUMN 1 ITEM COLUMN 2 DESIGNATED PROVISION COLUMN 3 SHORT FORM WORDING COLUMN 4 ADMINISTRATIVE PENALTY AMOUNT 1 3(b) parked not wholly in parking space $35.00 2 3(c) parked in other than parking space $35.00 3 3(d) parked vehicle longer than 6.1 metres $35.00 4 3(d) parked vehicle wider than 2.3 metres $35.00 5 3(i) parked buying (good s)(services) $35.00 6 3(i) parked selling (goods)(services) $35.00 7 3(i) parked displaying (goods)(services) $35.00 8 3(i) parked displaying vehicle for sale $35.00 9 3(i) parked washing vehicle $35.00 10 3(i) parked maintaining vehicle $35.00 11 3(i) parked repairing vehicle $35.00 12 5(a) parked at expired meter $30.00 CITY OF KITCHENER PRIVATE PROPERTY BY-LAW NUMBER 2010-190 COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 ITEM DESIGNATED SHORT FORM WORDING ADMINISTRATIVE PROVISION PENALTY AMOUNT 1 Section 3 parked on private property $35.00 2 Section 4 parked on private property- $35.00 munici al Page 9 of 41 3 Section 5 parked in an unauthorized $90.00 COLUMN 3 COLUMN 4 area DESIGNATED BY-LAW NO. 88-171, AS AMENDED, BEING A BY-LAW TO DESIGNATE PRIVATE ROADWAYS AS FIRE ROUTES, AND TO PROHIBIT PARKING THEREON COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 ITEM DESIGNATED SHORT FORM WORDING ADMINISTRATIVE ADMINISTRATIVE PROVISION PROVISION PENALTY AMOUNT 1 Section 6 parked on fire route $100.00 BY-LAW NUMBER 2008-117, BEING A BY-LAW TO AUTHORIZE CERTAIN ON -STREET AND OFF-STREET PARKING OF VEHICLES FOR USE BY PERSONS WITH A DISABILITY, AND THE ISSUING OF PERMITS IN RESPECT THEREOF COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 ITEM DESIGNATED SHORT FORM WORDING ADMINISTRATIVE PROVISION PENALTY AMOUNT 1 Section 6 (park)(stop) in space $400.00 desi nated for disabled person Page 10 of 41 Page 11 of 41 Staff Report Infrastructure Services Department www. kitchen er.ca REPORT TO: Community and Infrastructure Services Committee DATE OF MEETING: June 2, 2025 SUBMITTED BY: Jeffery Silcox -Childs, Director, Parks & Cemeteries, 519-783-8877 PREPARED BY: Hajnal Kovacs, Forestry Project Manager, 519-783-8864 WARD(S) INVOLVED: All DATE OF REPORT: June 2, 2025 REPORT NO.: INS -2025-190 SUBJECT: Updates to the Public Tree Bylaw RECOMMENDATION: That Chapter 690 Public Tree Bylaw (By-law 87-293) in its entirety be repealed and replaced with the proposed Public Tree Bylaw, as outlined in staff report INS -2025- 190 Attachment A; and, That the Clerk be authorized to update Chapter 690 of the City of Kitchener Municipal Code to reflect the proposed changes; and, That the Administrative Penalty By-law Fines for Public Tree Bylaw, as noted in Attachment B to staff report INS -2025-190, be approved; and, That staff be directed to implement the new bylaw, including necessary education, enforcement, and monitoring measures, to ensure compliance and the long-term health of the City's urban forest. REPORT HIGHLIGHTS: • The purpose of this report is to recommend Chapter 690 Public Tree Bylaw be repealed and replaced. • Financial impacts are anticipated to include additional revenues associated with increases to the Administrative Penalty By-law Fines for Public Tree Bylaw however they are anticipated to be offset by increased efforts to support bylaw compliance including the increased need for inspections, education and outreach. • Engagement included community feedback through Engage Kitchener in October 2024 and collaboration with internal teams. • This report supports Cultivating a Green City Together: Focuses a sustainable path to a greener, healthier city; enhancing & protecting parks & natural environment *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 12 of 41 while transitioning to a low -carbon future; supporting businesses & residents to make climate -positive choices. BACKGROUND: In 2022, Council endorsed a tree canopy target of 30 per cent for each ward by 2050 and an overall City-wide tree canopy target of 33 per cent by 2070. In 2023, staff reviewed the existing tree conservation processes and identified specific enhancement opportunities to current tree conservation tools and processes. The intent of the review was to extend and strengthen the tree conservation measures that support the tree canopy target. This report brings a recommendation to Council to repeal and replace the Public Tree Bylaw, Chapter 690, which will improve and expand City's urban tree canopy cover on City land to support the tree canopy target. REPORT: Forestry and Planning Staff have initiated several projects that improve and expand Kitchener's Urban Forestry Program and enhance Kitchener's tree canopy cover. The retention and management of existing trees is one of the greatest opportunities to achieving the City's tree canopy targets. 1. Public Tree Bylaw Staff have comprehensively updated the Public Tree Bylaw to enhance tree protection, clarify requirements, and align with best practices in urban forestry and good arboricultural practices. The existing Chapter 690 Public Tree Bylaw will be repealed and replaced with a bylaw that reflects current regulatory needs, operations, and community expectations shared through Engage Kitchener feedback in October 2024. The proposed Public Tree Bylaw (Attachment A) was developed in consultation with key internal departments to ensure alignment with citywide policies. Notable changes to the bylaw include: • Expanding and clarifying definitions to improve consistency and enforcement • Strengthening tree protection measures and establishing new requirements • Granting authority to issue Orders to cease or correct bylaw contraventions • Regulating plantable spaces to support tree growth and long-term canopy goals • Implementing an updated tree removal and compensation program to enhance urban canopy retention • Updating tree planting specifications to align with best practices In January 2024, bylaw staff implemented the Administrative Monetary Penalty System (AMPS) to streamline municipal bylaw enforcement, including the Public Tree Bylaw. As part of the proposed repeal and replacement of the Public Tree By-law, updates to fines are being recommended. These include both an expansion and an increase of penalties for public tree -related infractions. The increases act as a deterrent and better reflect the value of damages. The revised fines will be reflected Page 13 of 41 through updates to Schedule A of the Administrative Penalty By-law for Non -Parking By-laws (Attachment B). Staff are collaborating to review and update Chapter 895, Boulevard Beautification and Maintenance Bylaw, to align with the new standards proposed in the new Public Tree Bylaw. While an entirely new tree permitting system was not pursued at this time, staff will manage City trees and plantable spaces on public land using the updated bylaw and internal mapping tools. This will help support canopy retention goals and in managing anticipated growth in project planning and permit reviews. By repealing and replacing the existing bylaw, the City aims to improve compliance, enhance the resilience of the urban forest, and provide greater clarity for residents, project managers, and other stakeholders who are working around City -owned trees. Pending Council approval, staff will implement the new bylaw with supporting education, enforcement, and monitoring measures to ensure its effective application. 2. For Information Tree Protection Standards Staff have updated tree protection standards to align with best practices, supporting tree retention and canopy growth alongside the revised Public Tree Bylaw. Developed with internal and external review, these standards define the Tree Protection Zone (TPZ) based on tree diameter, as outlined in the Tree Preservation Detail & Notes (Attachment C). The Tree Preservation Detail & Notes provides guidance on working around retained public trees, including TPZ requirements, tree protection fencing, and signage installation. This document will be available on the City's website and updated as needed. Tree Planting In 2024, staff updated the City's Standard Tree Planting Detail to guide the planting of trees on City property. This standard aligns with best practices to ensure successful tree establishment, improve planting quality, and support the City's long- term canopy goals. This document will be available on the City's website and updated as needed. Compensation Program Staff have updated the Public Tree Removals and Compensation program (Attachment D) that establishes tree compensation ratios and cash -in -lieu options for approved public tree removals. Compensation is not based on a 1:1 replacement or the financial value of the removed tree, as the loss of an established tree significantly impacts canopy cover, often taking decades to restore. To address this, the program applies increasing values of compensation based on tree diameter, ensuring replacement efforts which reflect both the loss of the Page 14 of 41 individual tree and its broader canopy contribution. Cash -in -lieu options cover the full cost of compensation trees, including purchase, installation, establishment, and a two-year warranty and watering maintenance period. The program aligns with industry standards for compensation and supports tree canopy growth with respective text in the updated Public Tree Bylaw. STRATEGIC PLAN ALIGNMENT: This report supports Cultivating a Green City Together: Focuses a sustainable path to a greener, healthier city; enhancing & protecting parks & natural environment while transitioning to a low -carbon future; supporting businesses & residents to make climate -positive choices. FINANCIAL IMPLICATIONS: Attachment B outlines the increased administrative fines to support the new Public Tree Bylaw which may result in additional revenues to the City. It is also anticipated that additional expenses may be required to enforce, inspect and provide education regarding the provisions in the Public Tree By-law At this time, there are no anticipated net financial impacts however staff will monitor revenues and expenses associated with the new Public Tree By-law and any impacts will be brought forward through subsequent budget processes. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. CONSULT — Community engagement included a City -owned Tree Conservation and Management engagement page on Engage Kitchener in October 2024. Internal consultation occurred in early 2025 to prepare new bylaw text, specifications, and a public tree removal compensation program. PREVIOUS REPORTS/AUTHORITIES: • DSD -2023-161 Tree Conservation Processes Review • INS -2022-002 Tree Canopy Target for Kitchener • INS -20-017 — Kitchener Urban Forest Canopy - Update • INS -19-008 — Approval of Sustainable Urban Forest Strategy (2019 — 2028)& Implementation Plan REVIEWED BY: Joshua Shea, Manager, Forestry & Natural Areas Management Natalie Goss, Manager, Policy and Research Carrie Musselman, Senior Environmental Planner Barbara Steiner, Senior Environmental Planner Gaurang Khandelwal, Policy Planner Gloria MacNeil, Director of Bylaw Enforcement Page 15 of 41 Erin Kearney, Associate City Solicitor Erin Mogck, Associate City Solicitor APPROVED BY: Denise McGoldrick, General Manager, Infrastructure Services Justin Readman, General Manager, Development Services ATTACHMENTS: Attachment A — Chapter 690 Public Tree Bylaw (By-law 87-293) Attachment B — Administrative Penalty Fines Attachment C — Tree Preservation Detail & Notes Attachment D — Public Tree Removals and Compensation Page 16 of 41 BY-LAW NUMBER XXXXX of the CITY OF KITCHENER (being a bylaw to repeal and replace Chapter 690 of the City of Kitchener Municipal Code as it relates to public trees ) WHEREAS it is deemed expedient to repeal Chapter 690 of The City of Kitchener Municipal Code as adopted by By-law 87-293 and to replace it with this by-law; AND WHEREAS section 135 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended authorizes a municipality to prohibit or regulate the destruction or injuring of trees; AND WHEREAS pursuant to section 431 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, authorizes, in addition to any other remedy and to any penalty imposed by a by-law passed under subsection 135 (1), the court in which a conviction has been entered to make an order requiring the person convicted to correct the contravention in the manner and within the period that the court considers appropriate; AND WHEREAS subsection 62(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended authorizes a municipality, at any reasonable time, to enter upon land lying along any of its highways to inspect trees and conduct tests on trees, and to remove decayed, damaged or dangerous trees or branches of trees if, in the opinion of the Municipality, the trees or branches pose a danger to the health or safety of any person using the highway; AND WHEREAS subsection 62(2) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended authorizes an employee or agent of a municipality to remove a decayed, damaged or dangerous tree or branch of a tree immediately without notice to the owner of the land upon which the tree is located, if, in the opinion of the employee or agent, the tree or branch poses an immediate danger to the health or safety of any person using the highway; AND WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25, as amended, authorizes a municipality, amongst other things, to delegate its authority, to impose fees or charges on persons for services or activities provided or done by or on behalf of it, to provide for inspections and inspection orders, and to make orders to discontinue activity or to do work; AND WHEREAS the Council for the Corporation of the City of Kitchener deems it Page 17 of 41 desirable to prohibit the injury or destruction of trees for the purpose of: 1. Minimizing the destruction or injuring of trees; 2. Regulating and controlling the removal, maintenance and protection of trees; 3. Protecting, promoting and enhancing the aesthetic value of trees; 4. Sustaining a healthy natural environment; and, 5. Contributing to the human health and quality of life of all persons who work, live, or play in the City of Kitchener though the maintenance of tree cover. NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1. Definitions "administrative penalty by-law" means the Administrative Penalty By-law of the City, as amended from time to time, or any successor thereof. "arborist" means an expert in the care and maintenance of trees and includes an arborist qualified by the Ministry of Training, Colleges and Universities, a forest technician or forestry technologist with an applicable college diploma and a minimum of two years urban forestry experience, a certified arborist qualified by the Certification Board of the International Society of Arboriculture, a consulting arborist registered with the American Society of Consulting Arborists, a Registered Professional Forester designated pursuant to the Professional Foresters Act, 2000, or a person with other similar qualifications as approved by the Director. "City" means The Corporation of the City of Kitchener. "City Arborist" means an Arborist acting for the City or any designated person acting under his or her direction; "City Standards" refers to the specification drawings or programs related to tree care and maintenance created by the City of Kitchener, available on the City's website and as may be amended from time to time including but not limited to: (a)Tree Preservation Detail & Notes (b)Standard Tree Planting Detail (c)Public Tree Removals and Compensation Page 18 of 41 "dead tree" refers to a tree or part of a tree that has no significant living tissue as determined by a City Arborist, including trees that may produce shoots but lack the ability to sustain healthy growth or recover. "deface" includes but is not limited to the painting or carving of words, figures, symbols or any other markings on the bark of a tree; "Department" means the Infrastructure Services Department of the City of Kitchener. "designated provision" means any section of this Chapter designated in accordance with Article 7. "destroy" means to change the structure or condition of a tree such that it cannot reasonably be returned to its original structure or condition; "diameter breast height" (DBH) means the diameter of a trunk of a tree from the outside bark at a height of 1.37 meters above the existing ground adjoining its base or where there are multiple trunks, means the square root of the sum of each stem diameter squared measured from the outside bark at a height of 1.37 meters. "Director" means the Director of Parks and Cemeteries for the City, or his/her designate "Director of Enforcement" means the Director of By-law Enforcement for the City. "hazardous" means destabilized or structurally compromised to an extent that it presents an imminent danger of causing property damage or injury to life as determined by an arborist. "injure/injury" means any act that will harm or interfere with the health, structure, or stability of a tree in any manner, which includes but is not limited to: (a) the cutting, topping, pruning, pollarding, debarking, defacing, marking, or girdling of trees; (b) burning or applying chemicals on, near, or around a tree; (c) cutting or breaking tree roots; (d) placing in the tree protection zone any materials, vehicles or equipment that impede water, air, or nutrients to the roots of a tree; (e) altering a tree's environment by regrading, soil compaction, or trenching within the tree protection zone; (f) affixing materials to a tree; (g) transplanting a tree; Page 19 of 41 (h) failing to comply with tree protection measures as outlined in the City Standards; or (i) any other damage resulting from neglect or intentional damage. "land" includes all property within the City. "officer" means a Municipal Law Enforcement Officer for The Corporation of the City of Kitchener or staff from the Infrastructure Services Department as designated by the Manager, Forestry & Natural Areas Management, or his/her designate. "person" includes a company, a corporation, a partnership, an individual, a public utility or a person. "plantable space" refers to areas designated for tree planting that meet spacing, soil volume, and infrastructure clearance requirements as deemed by the City Arborist. "site" means the area of land containing any tree proposed to be injured. "tree" means any tree, all or part of which, is located on a City property, now or hereafter growing on property of the City and refers to all parts of the tree including the roots, crown (branches and leaves) and stem (trunk). This includes boundary trees as contemplated in the Forestry Act, RSO 1990, Chapter F. 26. "tree protection zone" is the area around the trunk where roots essential for tree health and stability are located. The tree protection zone is determined based on the measurements indicated in the City Standard Tree Preservation Detail & Notes. 2. INFRASTRUCTURE SERVICES DEPARTMENT 2.1 The Department is hereby authorized to administer, carry out and enforce the provisions of this Chapter and perform all acts and give all consents hereunder that are not required by law to be given by this Council. 2.2 The Department is hereby authorized to do all acts necessary to provide for the planting, care and maintenance of all trees on City property. Care and maintenance includes but is not limited to, without notice to any person, the pruning of trees provided that they are preserved so far as is reasonably possible. 2.3 The Department is hereby authorized to assess, designate, and regulate Page 20 of 41 plantable spaces on City property. Once a plantable space is designated, only activities that do not compromise its suitability for tree planting, as determined by City Arborists, shall be allowed within the space. 2.4 The Department is hereby authorized to maintain or cause to be maintained, without notice or compensation to any person, any tree located on private property which extends over City property and which, in the Department's opinion, may be hazardous, create an unsafe condition or otherwise interfere with City Standards. 3 PROHIBITIONS 3.1 No person shall: (a) injure, cut, top, prune, pollard, debark, deface, mark, girdle, burn or apply chemicals on, near, or around, or otherwise damage or destroy any tree or part thereof; (b) damage, remove, or destroy any support structure, including posts, stakes, watering bags or guards attached to or surrounding a tree; (c) cut down, uproot, or remove any tree, or part thereof, whether living or dead; (d) undertake, cause, or permit any unauthorized activities, within a tree protection zone that contravene the City Standards or any conditions imposed by the City Arborist for the protection of trees on City property; (e) raise or lower the grade around a tree in a manner that may endanger the tree's health, or cause damage to its roots or branches; (f) alter the grade around a tree where, in the opinion of the Department, such alteration is likely to harm the tree, without specific written permission of the Department; (g) interfere with or permit to interfere with fences, structures, barriers, delineated tree protection zones, signage, or any other protective measures around trees on City property; (h) attach, lean, or bury any building materials, equipment, or other items against or around a tree, or within the tree protection zone; or (i) fasten, tie or attach any fence, wire, lighting, bill, notice or animal to any tree or to any post, stake or guard which supports a tree and any such animal or material may be removed therefrom without notice or recompense to the owner thereof. Page 21 of 41 4. CONSTRUCTION 4.1 Any contractor, commission, corporation, organization, person, or individual undertaking paving, sidewalk construction, excavation, or any other work on City property shall take all necessary steps to avoid injuring any tree. All work shall comply with applicable City Standards and any lawful direction given by an authorized officer of the Department. a) The person(s) responsible for any lot where construction, alteration, disturbance, or demolition is taking place shall ensure protection of all trees on City property within 6.09 metres (20 feet) of the lot or disturbance. If a City tree exceeds 100 cm DBH, the required protection zone shall extend to 10.06 metres (33 feet); b) The tree protection zone required under this section must, at a minimum, comply with the City Standard for Tree Preservation Detail & Notes; c) No work, including construction, alteration, or demolition, shall begin until tree protection measures are installed in accordance with City Standards and approved by a City Arborist. 5. PLANTING TREES ON CITY PROPERTY 5.1 No person shall plant any tree partially or wholly on City property without the permission of the Department. Any tree planted without permission may be removed without notice or compensation to any person. 5.2 Every tree planted on a boulevard or other City property shall be planted in accordance with the specifications of the City Standards as set out in the Standard Tree Planting Detail and shall be at such distance from the street line as is necessary to keep the underground services on the street free and clear from obstruction. 6. Statutory Exemptions 6.1 Section 3.1 does not apply to activities or matters undertaken: (a) By a municipality or a local board of a municipality; or (b) under a licence issued under the Crown Forest Sustainability Act, 1994 6.2 Section 3.1 does not apply to the injuring of trees: (a) by a person licensed under the Surveyors Act to engage in the practice of cadastral surveying or his or her agent, while making a survey. Page 22 of 41 (b) in accordance with a condition to the approval of a site plan, a plan of subdivision, consent or development permit under section 41, 51, 53 or 70.2 respectively, of the Planning Act, R.S.O. 1990, c. P.13 or as a requirement of a site plan agreement or subdivision agreement entered into under those sections. (c) By a transmitter or distributor, as those terms are defined in section 2 of the Electricity Act, 1998, c. 15, Schedule `A', for the purpose of constructing and maintaining a transmission system or a distribution system, as those terms are defined in that section. (d) undertaken on land described in a licence for a pit or quarry or a permit for a wayside pit or wayside quarry issued under the Aggregate Resources Act; or (e) undertaken on land in order to lawfully establish and operate or enlarge any pit or quarry on land: (i) that has not been designated under the Aggregate Resources Act or a predecessor of that Act; and (ii) on which a pit or quarry is a permitted land use under a by-law passed under section 34 of the Planning Act, R.S.O. 1990, c. P.13. 7. ENFORCEMENT 7.1 Every person who contravenes any provision of this Chapter is guilty of an offence and is liable, upon conviction, to a fine not exceeding Ten Thousand Dollars ($10,000), exclusive of costs, for each offence, recoverable under the Provincial Offences Act. 7.2 Where an Officer is satisfied that a contravention of this bylaw has occurred, the Officer may issue: (a) a Notice to Cease Work requiring the person who contravened the by-law or who caused or permitted the contravention or the owner or occupier of the land on which the contravention occurred to discontinue the contravening activity, and/or (b) a Notice to Remedy requiring the person who contravened the by-law or who caused or permitted the contravention or the owner or occupier of the land on which the contravention occurred to do work to correct the contravention. which may include but is not limited to: i) Repairing or restoring damaged public trees or tree protection measures; Page 23 of 41 ii) Removing unauthorized materials or obstructions impacting a public tree. 7.3 Any Notice issued under section 7.2 shall include: (a) reasonable particulars of the contravention adequate to identify the contravention and the location of the land on which the contravention occurred; (b) If work is ordered, a description of the work to be done; and (c) the date by which there must be compliance with the Notice 7.4 No person shall fail to comply with a Notice issued under section 7.2. 7.5 Any person who fails to comply with a Notice issued under section 7.2 may be subject to additional penalties as outlined in this bylaw, including fines, cost recovery for remediation, or other enforcement measures. 7.6 Any person who damages a tree: (a)shall be responsible to the City for the cost of repairing the tree, including the cost of removing such part thereof which is damaged beyond repair; and (b)shall report forthwith such damage to the Department and make suitable arrangements for repairing the tree, including removing such part thereof damaged beyond repair, by forestry personnel of the Department. 7.7 Any person who cuts down, roots up, removes, destroys or damages beyond repair any tree shall be responsible to the City for the cost of removing the tree if it or part thereof remains, plus a compensation for the loss of the tree(s) as outlined in the City's Public Tree Removal and Compensation Program. (a) when determining the number of trees for which the City is to be compensated, a single tree is defined as all stems originating from a single point at ground level. 7.8 Articles 3, 4, and 5 of this By-law are hereby designated as parts of this By-law to which the Administrative Penalty By-law applies. 7.9 Any person shall be liable to pay an administrative penalty and any administrative fees in accordance with the Administrative Penalty By-law, upon the issuance of a penalty notice for a contravention of this Chapter. Page 24 of 41 7.10 The Provincial Offences Act continues to apply to the provisions of this by-law in addition to the designated provisions of this by-law. 7.11 Where a person has not paid the administrative penalty within 30 days in accordance with the Administrative Penalty By-law, the City may add the administrative penalty to the tax roll for any property for which the owner or owners are responsible for paying the administrative penalty under Section 7.8. 8. TRANSITION 8.1 The repeal of the former Chapter 690 of The City of Kitchener Municipal Code as amended and by-law 87-293 as amended in section 10.3 hereof do not: (a) affect the previous operation of the repealed Chapter and by-laws; (b) affect a right, privilege, obligation, or liability that came into existence under the repealed Chapter or by-law; (c) affect an offence committed against the repealed Chapter or by-laws or any penalty or punishment incurred in connection with the offence; or (d) affect an investigation, proceeding, or remedy in respect of a right, privilege, obligation, or liability described in section 8.1(b), or a penalty or punishment incurred in connection with the offence; 8.2 An investigation, proceeding, or remedy described in section 8.1(d) may be commenced, continued, and enforced as if the Chapter and by-laws had not been repealed or revoked. 8.3 A penalty or punishment described in section 8.1(c) may be imposed as if the Chapter and by-laws had not been repealed or revoked. 9. Interpretation 9.1 Any articles, section headings, or captions used in this by-law are for convenience of reference only and shall not affect its construction or interpretation. 10. Administrative 10.1 Each and every of the provisions of this by-law is severable and if any provision of this by-law should for any reason be declared invalid by any court, it is the intention and desire of this Council that each and every of the then remaining provisions hereof shall remain in full force and effect. Page 25 of 41 10.2 The Clerk of the City is hereby directed to make this by-law a part of The City of Kitchener Municipal Code by adding it to the Concordance and arranging and numbering it as Chapter 690 so as to fit within the scheme of the Code. 10.3 Except for the purposes of Article 8 of this by-law, By-law 87-293 as amended and the contents of Chapter 690 hereby repealed. 10. 4 This by-law shall be known as the "Public Tree By-law" 10.5 This bylaw will come into effect on the day of passing. PASSED at the Council Chambers in the City of Kitchener this day of , A.D. 2025 Page 26 of 41 Attachment "B" Administrative Penalty Fines Chapter 690 (Public Tree Bylaw), as amended, of the City of Kitchener Municipal Code COLUMN COLUMN COLUMN COLUMN COLUMN 1 2 3 4 5 Item Designated Short Form Wording Set Penalty Provision Penalty Amount for Amount Second and Subsequent Contraventions 690.3.1 (a) (injure/cut/top/prune/pollard/debark/deface/mark/ $1,000 $1,500 girdle/burn/apply chemicals on, near, or around) any tree or part thereof 690.3.1 (b) (damage/remove/destroy) any supporting structure $300 $450 including posts, stakes, watering bags or guards attached to or surrounding a tree 690.3.1 (c) (cut down/uproot/remove) any tree or part thereof, $1,500 $2,000 whether living or dead 690.3.1 (d) (undertake/cause of) any unauthorized activities $750 $1,125 within the tree protection zone of a tree or any conditions imposed pertaining to the protection of any tree 690.3.1(e) failed to ensure the grade around any tree was not $750 $1,125 raised or lowered so as to endanger its life or injure the tree or cause damage to the roots or branches 690.3.1(f) failed to get written permission to alter the grade $500 $750 around a tree where, in the opinion of the Department, such alteration is likely to harm the tree 690.3.1 (g) interfered with fences, structures, barriers delineated $500 $750 tree protection zones, or associated signage or other rotect. devices around any tree 690.3.1 (h) failed to ensure that no building materials of any kind $300 $450 were (attached to/leaned against/buried) around a tree and no signs shall be attached to a tree 690.3.1 (i) failed to ensure that no fence, wire, bill, notice or $300 $450 animal was (fasten/tied/attached) to any tree or to any ost, stake or guard which supports a tree 690.4.1 (a) failed to ensure adequate steps for the protection of $1,000 $1,500 any trees on City property within 6.09 metres (20 feet) of any lot or disturbance were taken prior to (construction/alteration/demolition). Or failed to ensure adequate steps for protection of trees >100cm in DBH, within 10.06 metres (33 feet) of the lot or disturbance 690.4.1 (b) failed to meet the minimum requirement for tree $750 $1,125 rotect. standards 690.4.1 (c) failed to take adequate tree protection measures prior $750 $1,125 to commencing construction/alteration/demolition 690.5.1 planted any tree partially or wholly on City property $300 $450 without the permission of the Department Page 27 of 41 cl) ti¢ o a no ° Y c m h .• Nria E o � > 0 � arc 0 ° � D E O ^ .0sE ° o a 3 p o+ uoN O v N ° Ml� � N $� p ° N- ° a`i y r �"� - N O p m v E S op ON N O c N N 2 iN-' o. o t 0 p 3 0 N - +. O o d T. 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Compensation for tree removal is not based on a 1:1 replacement or the financial value of the tree that is removed. The removal of an established tree has significant impact on canopy cover, which can take decades to restore. To address this, the compensation ratios outlined below increase with the tree's DBH range, ensuring that replacement efforts account for both the loss of the individual tree and its overall canopy contribution to the City of Kitchener. Prioritizing a project design that incorporates retention and protection of existing trees is the most effective and preferred approach for maintaining overall tree canopy. The design should minimize impacts on existing trees before considering compensation options for any City -approved public tree removals. If the affected proponent is someone other than the City of Kitchener or its agent, only the cash -in -lieu options apply. Cash -in -lieu will offset the costs of the City arranging for planting to be completed on the proponent's behalf. Contents Definitions............................................................................................................................................................. 2 Planting Details and Stock Quality........................................................................................................................ 3 Notesand Exemptions..........................................................................................................................................3 Application of Compensation Requirements........................................................................................................4 Section A — Right -of -Ways, Boulevards, Center Medians, or Park Area Where Regular Turf Maintenance Occurs (Maintenance Around Trees)....................................................................................................................4 Compensation Option A.1— Replanting...........................................................................................................4 Compensation Option A.2 — Cash-in-lieu..........................................................................................................4 Table 1: Section A Compensation Ratios and Cash -in -lieu Options..................................................................4 Section B — Park or Natural Area (No Maintenance Around Trees)..................................................................... 5 Compensation Option B.1— Replanting............................................................................................................ 5 Compensation Option B.2 — Cash-in-lieu.......................................................................................................... 5 Table 2: Section B Compensation Ratios and Cash -in -lieu Options..................................................................5 Page 1 of 5 Page 31 of 41 KIT( I fl NIR DefinIItI®Ins Amenity Trees: Trees located in public spaces such as rights-of-way, boulevards, center medians, and park areas where regular turf maintenance occurs around a tree. Caliper Tree: Caliper shall be the determining measurement when the caliper exceeds 40 mm. Measured 15 cm (6 in.) above the soil line for trees with a caliper less than or equal to 100 mm (4 in) and at 30 cm (12 in) above soil line for trees with a caliper greater than 100 mm (4 in). Amenity Trees are planted as large 50mm Caliper Trees. Caliper Tree Acceptance Criteria: City standards defining the required characteristics for trees planted on City property. Container Grown Tree: A plant grown and marketed in a container. As it pertains to this document, when trees are planted into a Naturalized Area where mowing does not occur, the minimum tree replacement size is 150 cm (lgal-5 gal) Container Grown Tree (CGT). 50mm Caliper Tree: A deciduous tree with a trunk caliper (diameter) of 50 mm at the time of planting, typically used for tree replacements in maintained turf areas. For coniferous trees, the replacement size is a 180 cm tall tree. Diameter at Breast Height (DBH): When measuring diameter at breast height is measured in the following ways: (a) the diameter of a trunk of a tree from the outside bark at a height of 1.37 meters above the existing ground adjoining its base; and (b) where there are multiple trunks, means the square root of the sum of each stem diameter squared measured from the outside bark at a height of 1.37 meters. Hazardous Tree: A tree that is structurally compromised or destabilized to the extent that it poses an imminent risk of property damage or personal injury, as determined by a Qualified Arborist with Tree Risk Assessment Qualification. Naturalized Area Trees: Trees located in natural areas where there is no regular turf maintenance, allowing for natural ecosystem processes to occur. Urban Forestry (UF) Staff: Staff within the City of Kitchener Infrastructure Services Department responsible for the long-term planning and management of the urban forest. Woodlands: Woodlands as defined in the Forestry Act, R.S.O. 1990, c. F.26 that are one hectare or more in area with at least: a. 1,000 trees of any size per hectare; b. 750 trees measuring over five centimetres in diameter, per hectare; c. 500 trees measuring over 12 centimetres in diameter, per hectare; or d. 250 trees measuring over 20 centimetres in diameter, per hectare, e. but does not include: (a) a cultivated fruit or nut orchard; (b) a tree nursery; or (c) a plantation established for the purposes of producing Christmas trees. Page 2 of 5 Page 32 of 41 KIT( I fl NIR Qualified Arborist: Means an expert in the care and maintenance of trees and includes staff on the Urban Forestry team, or an arborist qualified by any of the following: the Ministry of Labour, Immigration, Training and Skills Development (Skilled Trades Ontario 444A)a Certified Arborist qualified by the Certification Board of the International Society of Arboriculture (ISA), a Registered Consulting Arborist registered with the American Society of Consulting Arborists (ASCA), a Registered Professional Forester designated pursuant to the Professional Foresters Act, 2000, S.O. 2000, c. 18 or a person with other similar qualifications as approved by the Director. Terminally Diseased: Advanced and irreversible decline in tree health, that has resulted in the majority of crown dieback or failure, due to severe insect infestation, infection by a pathogen, or other causes. Nandng Detalh and Stock QLAahfty Planting on public lands can only be completed by contractors hired by the City of Kitchener. Any Caliper Tree compensation planting must meet the requirements of the Caliper Tree Acceptance Criteria from Urban Forestry. If the replacement stock is a Container Grown Tree, stock quality shall adhere to the Canadian Nursery Landscape Association (CNLA) Canadian Nursery Stock Standard (latest edition). Compensation plantings will be completed according to the following City tree planting details: - UF.4.1 Standard Tree Planting Detail — February 16, 2024 (or latest edition) - 900.10.5 Typical Potted and Bareroot Planting Detail —January 29, 2024 (or latest edition) - 900.10.6 Typical Potted and Bareroot Planting Detail —January 29, 2024 (or latest edition) Notes and IE:'xemptu®n,s As determined by a Qualified Arborist and subject to approval by OF Staff, exemption from the compensation identified in Table 1: Section A Compensation Ratios and Cash -in -lieu Options and Table 2: Section B Compensation Ratios and Cash -in -lieu Options will apply in situations where trees are: • Dead or in very poor condition • Terminally Diseased • Hazardous Trees • European Buckthorn (Rhamnus cathartics) For trees whose health or structure is in question of warranting compensation, OF Staff may approve alternate compensation, including but not limited to a tree valuation completed by the proponent using the latest edition of Council of Tree and Landscape Appraisers (CTLA) Guide for Plant Appraisal. Any appraisal must use an installation and aftercare cost of $1,800. Page 3 of 5 Page 33 of 41 KIT( I fl NIR Ipphcatbn Of Compensatbri IReq,Wlr iments I. Is the proposed removal taking place on public land, right-of-way, boulevard, center median, or park area where regular turf maintenance occurs around the tree(s) in question? i. Yes: Proceed to Section A — Right -of -Ways, Boulevards, Center Medians, or Park Area Where Regular Turf Maintenance Occurs (Maintenance Around Trees), ii. No: Read 2. 2. Is the proposed removal taking place on public land, right-of-way, in a park or natural area where there is no regular turf maintenance around the tree(s) in question? i. Yes: Proceed to Section B — Park or Natural Area (No Maintenance Around Trees), ii. No: Contact OF team for support identifying which compensation method applies to your project at tre_ :s_�'_ko cai fir.:: a. ecdoin A IRS ght-Of Ways, Boulevards, Center IMe6ains, Or I'�airk Area Where Re uDar .Turf IMai ntenance Occurs (IMauntenance Around ..arses) If Amenity Tree removals on public land must take place to accommodate project designs, and the removals are approved by the OF Staff, replanting compensation standards are to be followed as listed in Table 1: Section A Compensation Ratios and Cash -in -lieu Options. These apply for replanting where the tree removal took place and/or along the adiacent public property as approved by OF Staff. If the affected proponent is someone other than the City of Kitchener or its agent, only the cash -in -lieu options apply. Compensation Option A.2 — Casa -in -lieu The purchase, installation, establishment, and 2 -year warranty and maintenance cost per Amenity Tree for the City of Kitchener is $1,800. If tree removal on public land must take place to accommodate the project design, and there is insufficient room to plant all required compensation trees on site, cash -in -lieu requirements are to be followed as listed in Table 1: Section A Compensation Ratios and Cash -in -lieu Options. Table 1: Section A Compensation Ratios and Cash -in -lieu Options DBH Range (cm) Compensation Ratio Factor: Using 50mm Caliper Trees Compensation Cash -in -lieu 0-9 1 tree / tree removed $1,800 10-19 2 trees / tree removed $3,600 20-39 3 trees / tree removed $5,400 40-59 5 trees / tree removed $9,000 60-79 7 trees / tree removed $12,600 80-100 9 trees / tree removed $16,200 >100 12 trees / tree removed $21,600 NOTE: A combination of Options A.1 and A.2 may be acceptable if there is insufficient room to replant caliper trees on-site, subject to approval by the City of Kitchener. Page 4 of 5 Page 34 of 41 K111 I B NIR Secdon B ........ [ ark or Natuvu4 Area (NO Mahritenance Around ...Frees) Compensation Option B.1— Replanting If Naturalized Area Tree removals on public land must take place to accommodate project designs, and the removals are approved by the OF Staff, for every tree removed with a DBH >10cm, the compensation standards are listed in Table 2: Section B Compensation Ratios and Cash -in -lieu Options. These apply for replanting where the removal took place and/or along the adjacent natural area or park as approved by OF Staff. If the affected proponent is someone other than the City of Kitchener or its agent, only the cash -in -lieu options apply. The composition of Container Grown Trees replacements must be 50% 1-2 gallon and 50% 3-5 gallon, unless otherwise approved by OF Staff. A list of preferred native species can be found in Kitchener Species Selection Matrix (can be found on the City's website and will be updated as needed). If the compensation trees are proposed to be planted in a park or Natural Area please contact OF Staff to discuss planting a combination of Caliper Trees and Container Grown Trees. Compensation Option B.2 — Cash -in -lieu The purchase, installation, establishment and 2 -year warranty and maintenance cost per Container Grown Tree for the City of Kitchener is set at $122.50. If tree removals on public land must take place to accommodate project designs, and there is insufficient room to plant compensation trees on-site, cash -in -lieu requirements are to be followed as listed in Table 2: Section B Compensation Ratios and Cash -in -lieu Options. In natural areas where no trees larger than 10 cm DBH are removed, but existing woodland (approximately one or more trees of any size per 10 ml) is cleared in increments greater than 10 mz, compensation will include container -grown trees and a native seed mix (species mix to be identified by OF staff upon request) for disturbed soil areas. Cash -in -lieu options for these conditions will be reviewed on a case-by-case basis with Urban Forestry staff. DBH Range (cm) Compensation Ratio Factor: Using Container Grown Trees (CGT) Compensation Cash -in -lieu 0-9 None None 10-19 8 CGT / tree removed $980 20-39 12 CGT / tree removed $1,470 40-59 20 CGT / tree removed $2,450 60-79 28 CGT / tree removed $3,430 80-100 36 CGT/ tree removed $4,410 >100 48 CGT/ tree removed $5,880 Area where no trees >10cm DBH are removed, but Woodland habitat is removed in increments >10M2 8 CGT / 10m2 of area removed with a native seed mix added to any disturbed soil areas Contact OF Staff NOTE: A combination of Options B.1 and B.2 are acceptable if there is limited room to replant on site. Page 5 of 5 Page 35 of 41 Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Community and Infrastructure Services Committee DATE OF MEETING: June 2, 2025 SUBMITTED BY: Garett Stevenson, Director, Development and Housing Approvals, 519-783-8922 Rosa Bustamante, Director, Planning and Housing Policy/City Planner, 519-783-8929 PREPARED BY: Lucas Van Meer -Mass, Senior Planner (Housing), 519-783-8949 WARD(S) INVOLVED: All Wards DATE OF REPORT: May 15, 2025 REPORT NO.: DSD -2025-200 SUBJECT: Rental Replacement By -Law Year -One Update RECOMMENDATION: For Information. REPORT HIGHLIGHTS: • The Rental Replacement By-law is a component of an evolving set of policies for protecting residential tenants, by providing compensation, relocation support, and the right of return through binding Rental Replacement Agreements. • The By-law positions the City as one of the leaders in Ontario in tenant -focused and growth -supportive housing policy and planning. • There is a separate body of work for the rental renovation licencing by-law review, which is anticipated to come to committee on June 16, 2025. • The Rental Replacement By-law has resulted in four applications, affecting a total of 50 rental units. Staff have also had early conversations on six other properties affecting 40 additional units, both demonstrating strong uptake and its value in protecting existing affordable housing and tenants vulnerable to displacement. • Staff are proposing amendments to the Rental Replacement By-law guidelines to streamline the review process, reduce administrative burden, and ensure clarity early in the planning process. There are no changes recommended to the By-law itself. Amendments to the guidelines have been delegated to the Director of Development and Housing Approvals. • The amendments to the guidelines proposed herein reflect applicant experiences with the By-law so far, and Staff will continue to monitor the impact of the By-law on tenants, the affordable housing stock, and its impact on local development patterns over the coming year. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 36 of 41 • Staff have been advised by Applicants that the Rental Replacement By-law has added cost and time to some development proposals. Increased costs are the result of payments or rent waivers required to current/existing tenants. Added time was partly due to the nature of the information required for the application, the requirements of the by-law, and because the effective date of the by-law was in the middle of some ongoing planning approval processes. • The Rental Replacement By-law is one of Kitchener's many housing initiatives, that has been implemented as part of its Housing for All Strategy. • This report supports Building a Connected City Together: Focuses on neighbourhoods; housing and ensuring secure, affordable homes; getting around easily, sustainably and safely to the places and spaces that matter. BACKGROUND: On January 30, 2023, Council directed staff to prepare a rental housing, eviction and displacement study that explored tools that the City can use to support residents displaced from their housing. This direction emerged from the findings of the City's 2020 Housing for All Strategy, which recommended finding innovative tools to preserve and increase housing supply. In December 2023 Council directed the preparation of a rental replacement by-law which was developed in the Spring of 2024 following a comprehensive study of the legal and jurisdictional precedents and a financial feasibility study completed by Parcel Economics Inc. This work allowed staff to structure the By-law in a way that balances protections for tenants while enabling additional housing supply. The Rental Replacement By-law was passed in June 2024 under Section 99.1 of the Municipal Act, applying to the demolition of residential buildings with six or more rental units. As part of Council's approval of the By-law, Council directed that staff report back in June 2025 reviewing the impacts of Kitchener's Rental Replacement By-law. Additionally, Council directed that staff report back in June on the status of additional tools that may be used in the area of evictions due to renovations. There is a separate body of work for the rental renovation licencing by-law review, which is anticipated to come to committee on June 16, 2025. The purpose of this report is to provide a 1 -year update on Kitchener's Rental Replacement By-law. The By-law is authorized under Section 99.1 of the Municipal Act and applies when dwelling units within residential properties with six or more units are proposed to be demolished or converted. When a Planning Act application proposes to demolish or convert an eligible residential rental building, the Rental Replacement By-law includes three options for tenant compensation: Temporary Offsite Replacement Unit: A comparable rental unit rented at the same price as their existing unit until construction is complete at which point the tenant is given first right of replacement to occupy a comparable unit in the completed development. Rent Waiver: The option of remaining in their unit for 12 months rent-free with the obligation to vacate thereafter. Additionally, the developer will be required to provide a unit in the new building at affordable rents for a period of 10 years. Cash Payout: The option of receiving the cash equivalent of 10 months of rent and an agreement to vacate the property in two months. Additionally, the developer will be Page 37 of 41 required to provide a unit in the new building at affordable rents for a period of 10 years. REPORT: In its first year, the Rental Replacement By-law has been an important protection for tenants at risk of losing their homes through demolition. It has been working as intended, however, staff have identified opportunities for process improvements and clarifications. Ten development proposals have been subject to the By-law since its approval in June 2024, demonstrating that there is considerable market pressure to redevelop rental properties with affordable units and that there is a need to protect the tenants of these buildings from the hardship of displacement. Staff are proposing amendments to the guidelines to provide greater clarity and to make it easier and faster for developers to follow the By-law. These changes will help protect tenants while still supporting new housing. Staff will continue to track projects subject to the By-law to make sure important housing developments stay on schedule. Application Characteristics The City has received four Rental Replacement applications, affecting a total of 50 rental units. Staff have also had early conversations on six other properties affecting 40 additional units. Most of the properties subject to the By-law have been relatively affordable, purpose-built rental buildings between 30 and 80 years old, typically with 10 to 30 units. Two main types of redevelopment proposals have emerged. The first involves converting existing rental buildings with a mix of one-, two-, and three-bedroom units into a larger number of smaller -sized units. The second involves consolidating several properties—often smaller rental buildings and single detached homes—into larger development sites to support bigger projects. Staff are closely monitoring the size and cost of the units being affected by the Rental Replacement By-law, and, although the number of applications the City has received to date does not provide sufficient data to allow comprehensive analysis, there is an indication that some of the affected units are being rented at rates at or below the City's definition of affordable and the average asking rent for comparable units now on the market. Streamlining Application and Review Procedures In preparing the Rental Replacement By-law, staff were careful to balance the interrelated policy goals of creating new housing supply and preserving the health and diversity of the city's most affordable rental housing. Since the By-law's adoption, staff have monitored its effects on development proposals. To date, only four applications subject to the By-law have been formally submitted, with only one application proceeding to final approval. There are not enough applications under review or approved to draw conclusions on the impact of the by-law on the development review process. Staff will continue to monitor project progression closely over time to assess any longer-term impacts. Early data suggests that its requirements have applied to only a modest share of overall redevelopment activity across the City. Focusing specifically on the properties subject to Page 38 of 41 the By-law, Table 1 shows that of the 90 rental units affected across 10 properties, only 19 units are currently occupied or will need to be replaced at affordable rental rates. While it is still early in the approvals process for these projects, and timelines vary, all 9 of the 10 properties remain active and under review. Address Status Existing Units Units Subject to Proposed the By -Law Units 22 Woodfern Application Submitted 17 2 34 40-42 Eby Street Permit Issued 8 0 105 67 Blucher Street Preliminary 4 4 8 Conversations Held 191 Morgan Application Submitted 18 7 29 544-550 Lancaster Preliminary 6 0 878 Street W Conversations Held 136 Brentwood/ 135- Application Submitted 7 6 118 161 Jackson 169-183 Victoria Street Preliminary 8 - 120 South Conversations Held 9-27 Turner Avenue Preliminary 7 - 30 Conversations Held 667 Victoria Preliminary 7 Conversations Held 111 Hoffman Street Preliminary 8 - 15 .... .... .... Conversations Held .... .... .... .. .... .... .... ....19 .... Totals 90 � 1,337 Table 1 Rental Replacement Projects Since June 2024 Staff recognize that for many applicants, awareness of the By-law emerged only partway through the planning approvals process. To reduce uncertainty and improve predictability, staff have proposed administrative amendments to the Rental Replacement guidelines. These changes are procedural in nature and do not require Council approval or changes to the By-law itself. The amendments are generally outlined in the following sections. Clarification on Replacement Unit Size: Additional guidance on replacement unit size will be included in the Rental Replacement guidelines to clarify that: • For tenants that selected the Temporary Replacement Unit option, the unit that the tenant is entitled to return to after construction means a rental unit with a quantity of rooms generally equal to the unit from which the tenant is displaced, offered to the tenant at their existing rent and shall include, at minimum, access to reasonably comparable amenities to those included with their existing rental unit. Application Resubmissions and Vacancy Timing: To provide clarification on the application of the By-law as it relates to the length of time a unit has been vacant, the Rental Replacement guidelines will be clarified as follows: Page 39 of 41 • If an application is withdrawn and resubmitted within six months of the original submission date, the applicant will continue to be subject to the Rental Replacement obligations that applied at the time of the original submission. • If any rental units became vacant between the time of the original application and the resubmission, the applicant will still be required to replace those units, in accordance with the vacant unit provisions set out in the Rental Replacement guidelines. • If a unit was vacant for less than six months at the time of the original application, but by the time of resubmission has been vacant for more than six months, the applicant will nonetheless be required to replace that unit under the guidelines. This clarification in the guidelines will help prevent applicants from allowing units to become vacant during a resubmission window in order to avoid obligations under the By- law, ensuring fairness to tenants and consistency in the application of the by-law. Early Tenant Notification and Distinction from Residential Tenancy Act Processes: Procedural updates will also require: • All compensation options to be presented to tenants at the time of the Rental Replacement application; and, • Clear communication that compensation under the Residential Tenancies Act (RTA) is separate from obligations under the Rental Replacement By-law. This distinction is critical because tenants are entitled to different compensations and landlords are subject to obligations under RTA and the City's Rental Replacement By-law. For example, a tenant may be asked to vacate their unit under the RTA (e.g., via an N11 agreement) before the Rental Replacement Permit is triggered. An N11 agreement is a mutual agreement between the landlord and tenant to vacate the property and may be accompanied by financial compensation. In such cases, clarity will be provided in the guideline that: • For tenants that have signed an N11 agreement but not yet vacated, a Tenant Compensation Agreement will still be executed, with RTA compensation credited toward the By-law's cash payout option; • The applicant will still be required to replace all qualifying units that were occupied within six months of the application date, regardless of whether an RTA compensation had been paid to the tenants of the vacated units. This approach ensures that tenants who vacate early are not denied compensation afforded to them under Kitchener's Rental Replacement and additionally that the preservation of affordable rental supply is upheld. Together, these adjustments will make the Rental Replacement process more transparent and predictable for applicants, while maintaining the By-law's intent. Clarification for Non -Profit Applicants While the existing By-law explicitly references non-profit cooperatives, other non-profit housing providers are not specifically addressed. To better support the unique Page 40 of 41 programming needs of non-profit housing providers — such as seniors' or supportive housing - the guidelines will be amended to clarify that: • All non-profit applicants are required to offer tenants compensation options (cash payout, rent-free temporary accommodation, or right of return), consistent with applicants in the private -market development sector. • Non -profits may be exempted from the requirement to replace units with a comparable rental unit, recognizing that the non-profit mandate to provide housing (e.g., smaller units for seniors) often necessitates different unit mixes. As an example, supportive shared/emergency housing operated by a non-profit housing providers may be replaced with a different form of housing (lodging houses, semi -shared living accommodations, one and two bedroom units). The type of supportive/affordable housing provided may vary depending on need and funding models and availability. This clarification maintains fairness for tenants while allowing non -profits the needed flexibility, supporting affordable housing innovation. The procedural changes recommended in this report will add clarity and efficiency to the Rental Replacement By-law process. STRATEGIC PLAN ALIGNMENT: This report supports Building a Connected City Together: Focuses on neighbourhoods; housing and ensuring secure, affordable homes; getting around easily, sustainably and safely to the places and spaces that matter. FINANCIAL IMPLICATIONS: Capital Budget – The recommendation has no impact on the Capital Budget. Operating Budget – Staff estimate that 15-20 hours of staff time are required to process and administer each Rental Replacement Application. The majority of applications were received in late -2024 and early 2025 and are still in process. Staff have therefore not yet had the opportunity to assess the length of time required to administer and execute tenant compensation agreements and the agreements with owners guaranteeing affordability in replacement units, as per the terms of the By-law. Through Budget 2026, staff will be adding a new Rental Replacement Application fee to the 2026 User Fee schedule. 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: DSD -2024-282 - Proposed Rental Replacement By -Law Municipal Act, 2001 REVIEWED BY: Natalie Goss, Manager, Policy & Research APPROVED BY: Justin Readman, General Manager, Development Services Page 41 of 41