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HomeMy WebLinkAboutDTS-10-007 - Tree Conservation By-LawJ KITC~~R De~elopment& Technical5ervrces REPORT T0: Development and Technical Services Committee DATE OF MEETING: March 8, 2010 SUBMITTED BY: Alain Pinard, Interim Director of Planning PREPARED BY: Carrie Musselman, Senior Environmental Planner (519-741-3400 x 3148) WARD(S) INVOLVED: All Wards DATE OF REPORT: January 13, 2010 REPORT NO.: DTS-10-007 SUBJECT: TREE CONSERVATION BY-LAW RECOMMENDATION: 1. That a by-law to prohibit or regulate the destruction or injuring of trees on private property, be adopted in the form shown in the attached "Proposed By-law" dated March 8, 2010 and attached to Report DTS 10-007 as Appendix `A'; and, 2. That the comprehensive schedule of fees and charges be amended, effective March 8, 2010 to include the Tree Conservation fees as outlined in Report DTS 10- 007, and subsequently included in the 2011 comprehensive schedule of fees and charges, and updated accordingly thereafter; and further, 3. That the Tree Conservation By-law be incorporated into the City of Kitchener Municipal Code. BACKGROUND: Trees within the City increase the quality of life, create an attractive community and improve public image, making the City a desirable place to live. Our urban trees and forests contribute to human health and our quality of life in general. The general public is the beneficiary of these "forest services" and therefore has a stake in the protection and good management of private trees and forests. The City of Kitchener has policies to protect trees through the development process; however, the City loses its ability to evaluate tree conservation opportunities on private lands not associated with development or when lands are cleared before a development application has been applied for and/or before the development is approved. Extensive site clearing has occurred in some instances before plans of subdivisions and supporting studies were submitted to staff. Premature or improper clearing of forested land can destroy the ecological integrity of a site and adjacent lands. This may result in environmental studies based on a degraded site that has diminished ecological value. The proposed Tree Conservation by-law will enable the City to consider tree conservation opportunities before site alteration andlor site development occurs. REPORT: The typical urban forest is made up of woodlots, street and backyard trees, ravines, parklands, wetlands, green patches, and corridors of grassland, with all of the components of a city throughout. Urban forests allow people to escape from the hustle and bustle of city life and enter into an atmosphere of peace and relaxation. Besides their recreational and aesthetic benefits, urban forests combat air and noise pollution, filter water, stabilize soils, and provide habitat and food for wildlife. When these benefits are combined with reduced stress and increased health for city dwellers, trees become a necessity, not just a luxury. (Tree Canada: A Guide to Community Tree Planting and Care) Trees are significant indicators of a community's ecological health. When trees are large and healthy, the ecological systems-soil, air and water-that support them are also healthy. In turn, healthy trees provide valuable environmental benefits. The greater the tree cover and the less the impervious surface, the more ecosystem services are produced in terms of reducing storm water runoff, increasing air and water quality, storing and sequestering atmospheric carbon, reducing energy consumption due to direct shading of buildings, and preserving biodiversity. Trees in urban areas help to: act as a natural windbreak reducing residential heating costs by 10 to 15 percent; shade buildings in the summer, reducing air conditioning demand; • increase property values; • intercept rainfall and reduce urban run-off into sewers improving water quality; • improve air quality, especially in the summerwhen air quality is often impaired; and • link natural areas together providing pathways for wildlife. Just as sustainable communities need to upgrade and expand their grey infrastructure (roads, sewers, utilities etc.), so too is there a need to enhance and maintain green infrastructure -the network of open space, woodlands, wildlife habitat, parks and other natural areas, which sustain clean air, water, and natural resources and enrich quality of life. Minimizing the loss of natural vegetation provides for a cost effective means of controlling erosion, flooding, and managing stormwater runoff from nonpoint sources such as development sites, streets and parking lots. INTENT OF THE BY-LAW The intent of the proposed tree conservation by-law is to provide the City of Kitchener with a means to control the injury or destruction of trees on a property (regardless of whether or not a development application has been submitted) to ensure that: • trees are protected from indiscriminate or unsound removal; • the loss of natural vegetation and wildlife habitat is minimized; • the value of trees are elevated; and • trees and vegetation are maintained where appropriate in an effort to preserve the natural appearance, character and aesthetics of the City. The proposed by-law provides staff with the tools to: • provide guidance prior to work being done; • protect trees in support of and consistent with municipal planning objectives; and • ensure compliance with the principles of the Tree Management Policy when needed. SUPPORTING LEGISLATION AND POLICIES The Municipal Act, 2001 consolidated provisions from the old Municipal Act and the Forestry Act. When the Act came into force on January 1, 2003 sections of the Forestry Act dealing with the authority to pass tree by-laws were repealed. Under Section 135 of the revised Ontario Municipal Act (2001) municipalities were given the authority to pass by-laws that regulate or prohibit cutting or injuring trees, except in woodlands designated in an upper-tier by-law. Under subsection 135(4), lower-tier municipalities may pass tree by-laws, except in woodlands designated in an upper-tier by-law. This includes woodlands of less than one hectare and woodlands of more than one hectare that have not been designated in an upper-tier by-law. Provincial Policy Statement and Planning Act The Provincial Policy Statement is issued under the authority of Section 3 of the Planning Act. It provides direction on matters of provincial interest related to land use planning and development, and promotes the provincial "policy-led" planning system. Section 3 of the Planning Act requires that planning authorities "shall be consistent with" these policy statements in their deliberations. Policy 2.1 of the Provincial Policy Statement deals with natural heritage features, including "significant woodlands". This planning tool encourages the designation of those woodland areas that are critical in maintaining the integrity of the natural resource ecosystem, and ultimately the quality of life for citizens. The policies of this Provincial Policy Statement represent minimum standards. This Provincial Policy Statement does not prevent planning authorities and decision-makers from going beyond the minimum standards established in specific policies. Region of Waterloo The Regional Municipality of Waterloo determined it was desirable to enact a `Woodland Conservation By-law' for the purpose of sustaining a healthy natural environment while also having regard for good forestry practices. The Region's Woodland Conservation By-law applies to trees having a particular density that are part of a woodland comprising at least one hectare or more in area. Additionally, the 2009 Region of Waterloo Official Plan encourages area municipalities 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. As per the Municipal Act, the City of Kitchener does not have the authority to regulate the destruction of trees in woodlands designated by the Region of Waterloo; therefore, the City's by- lawwould not apply to those lands covered by the Region's by-law. City of Kitchener -Tree Management Policy The Tree Management Policy is designed to encourage the provision of relevant environmental information and tree data early in the land use planning process. The City's Tree Management Policy ensures: • preservation of existing valuable trees in new development sites will be optimized; that a General Vegetation Inventory is used to guide the design of a proposed development; a consistent standard and clear process for staff, applicants, and the development industry, eliminating unnecessary delays; the protection of trees worthy of saving by identifying what measures will be taken when designing road pattern, lot layout, building locations, and preliminary and final grading; that recommendations for tree management in relation to servicing, grading, drainage and storm water management is provided; the identification of opportunities to restore tree and woodland health through pruning, transplanting, re-planting, and landscaping. City of Kitchener -Environmental Committee In May 2006 the Environmental Committee presented a report entitled Air Quality in Kitchener to Kitchener Council. The report included a series of (50+) Recommended Actions. Each year the Environmental Committee presents five `Best Bets' to Kitchener City Council for consideration. On a number of occasions members of the Environmental Committee have brought forward concerns regarding the protection of natural features within the City. In response the Environmental Committee selected `Best Bet' 2.5 in 2007. Best Bet 2.5 speaks to Enhancing Green Space Management and the adoption of a regulatory process to ensure natural features (e.g. unevaluated wetlands, hedgerows, woodlots etc.) of Greenfield are protected and preserved in such areas prior to the approval process for development of projects thereon. BEST PRACTICES -OTHER MUNICIPALITIES Staff have reviewed tree conservation by-laws from various municipalities in Southern Ontario including Oakville, Richmond Hill, Toronto, Brampton, Barrie, Kingston and the City of Hamilton. For the most part the by-laws are similar and the City of Kitchener's proposed by-law is consistent with the approach taken in other municipalities. PROPOSED TREE CONSERVATION BY-LAW Unless they are exempt from the provisions of the by-law, the injury or destruction of trees within the City will be regulated and a permit from the City will be required. Exemptions Specific injury or destruction of trees will be excluded from the by-law. For example, the removal of a damaged or destroyed tree following any man-made or natural disaster such as a storm, flood, high winds, fire, snowfall or freeze would be excluded. The circumstances and legislation under which a permit would not be required are outlined in Section 3 and Section 4 of the proposed By-law. Statutory exemptions include activities or matters undertaken by a municipality, a licensed pit or quarry under the Aggregate Resources Act, or a person licensed under the Surveyors Act. Other exemptions to the by-law include: • lands less then 0.405 hectares (1 acre) in size; • the removal of a dead, diseased or hazardous tree; • trees located within 5.0 metres of an occupied building; • trees that are located within a building envelope in respect of which a building permit has been issued; and, • trees with a diameter at breast height less than 10 centimetres. The City contains approximately 3,868 parcels of land equal or greater then 0.405 hectares (1 acre) overall comprising 5.7 per cent of all parcels. Development Applications The proposed by-law creates no additional process on parcels subject to a development application. For parcels that are part of a development application, the by-law does not require a new application, study, or fee. As per the City of Kitchener Tree Management Policy either a general vegetation overview, detailed vegetation plan or tree preservation/enhancement plan would be filed with the development application, before the application, or at the time of the pre- consultation. The approval of the vegetation overview, vegetation plan or preservationlenhancementptan constitutes the permit to remove trees. With the by-law in place, it is expected that trees will continue to be removed in development situations. Tree Conservation Permits The permitting process seeks to balance environmental and administrative considerations. The requirement of a permit will grant staff the ability to assess conservation opportunities and make specifications for tree retention before trees are removed. Requiring a permit only for trees on properties greater than 0.405 hectares (1 acre) in size ensures that the trees with the greatest environmental and community benefits are regulated. At the same time, the size limit reduces the number of permits that may be required each year, compared with the number that could be required if all trees were covered by the by-law or if smaller trees were included. The number of permits that could be requested each year is unknown at this time. Experience in other cities is not helpful given differences in the size of cities, specific exemptions, and the overall nature of the by-laws compared to Kitchener's. Overall, it is anticipated that ten to fifteen permits could be requested each year. Administration and Enforcement The Director of Planning will be the approval authority for the by-law. Planning will implement the by-law by receiving applications, processing and approving permits and responding to complaints. The proposed by-law will give the Director of Planning the ability to require additional information be submitted in support of a permit depending upon the site location and/or natural heritage features present such as an environmental impact assessment or erosion and sediment control plan. Also, the proposed by-law will give the Director of Planning the ability to impose conditions such as planting replacement trees as a condition of the permit. In such cases, staff can stipulate the number, species, size, location of the replacement trees and the timing for planting. Should a complaint be received, planning staff will follow-up to determine the validity of the complaint and the nature of the infraction relative to any permit issued or to the existing by-law. Should the Director of Planning determine that an individual or corporation is not in compliance with the tree conservation by-law the City's by-law Enforcement Department will be consulted and an investigation launched. PPnaltiP~ Should an individual or corporation be convicted of an offence under the proposed by-law they may be subject to penalties. An offence may include injuring or destroying a tree without a permit, failing to protect a tree that is slated for protection, or failing to adhere to a stop work order. The penalties in the proposed by-law range from a minimum fine of $25,000 to a maximum fine of $100,000. In addition, the court may also order the person or corporation charged to correct the contravention in a manner considered appropriate to the court. For lesser offences, provincial offence notices, with set fines, may be issued. FINANCIAL IMPLICATIONS: It is proposed that the following fees be collected: a tree conservation permit be set at $100 a tree conservation permit with revisions be set at $50 a tree conservation permit renewal be set at $50 (if a tree conservation permit is renewed thirty calendar days before the original expiry date) Though staff do not anticipate any additional financial implications, activity levels will be monitored to understand the extent to which the fees offset the costs of administrating and enforcing the by-law. The fees are relatively modest to start. The initial priority is to have a by- law in place that enables the City to regulate the destruction or injuring of trees. COMMUNICATIONS: Following the enactment of the proposed by-law staff will proceed with a communication plan as follows: • Place notification in `Your Kitchener' and/or the `Kitchener Waterloo Record' of the tree conservation by-law; Create a `Tree Conservation' page on the City's website; • Distribute notification to local engineering and environmental consulting firms; and • Distribute notification to members of the Home Builders Association. CONCLUSION: The proposed by-law will provide the City of Kitchener with a means of protecting urban trees and forests, safeguard environmental features and possibly avoid the need for costly remediation works. The issuance of a permit will grant staff the ability to assess conservation opportunities and make specifications for tree retention before trees are removed. The proposed by-law supports economic and environmental principles and its execution would be consistent with existing legislation and policies with respect to environmental protection. ACKNOWLEDGED BY: JeffUUillmer, Interim General Manager Development and Technical Services Department Attachment: Appendix "A" -Tree Conservation By-law Appendix "B" -Tree Conservation By-law Fee Schedule Appendix "A" -Tree Conservation By-law PROPOSED BY LAW March 8, 2010 BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to prohibit or regulate the destruction or injuring of trees on private property) WHEREAS pursuant to Section 135(1) of the Municipal Act, R.S.O. 2001, c. 25, as amended, the Council of the Corporation of the City of Kitchener may prohibit or regulate the destruction or injuring of trees; AND WHEREAS pursuant to Section 135(7) of the Municipal Act, a by-law passed under Section 135(1) may require that a permit be obtained to injure or destroy trees and the City of Kitchener may impose fees for the permit, the circumstances under which a permit may be issued, and the conditions to such a permit; AND WHEREAS, it may be desirable to permit limited tree cutting on larger parcels of land in advance of a development application being permitted under Section 41 of the Planning Act, R.S.O1990; AND WHEREAS the City of Kitchener deems it desirable to prohibit the injury or destruction of trees for the purposes of: 1. Minimizing the destruction or injuring of trees; 2. Regulating and controlling the removal, maintenance and 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, through the maintenance of tree cover, while recognizing the private land rights of its citizens. NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1. DEFINITIONS In this by-law: 1.1. "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, S.O.2000, c. 18, as amended, or a person with other similar qualifications as approved by the Director. 1.2. "City" means The Corporation of the City of Kitchener; 1.3. "Conservation Authority" means the Grand River Conservation Authority; 1.4. "diameter breast height" (DBH) means: 1.4.1. the diameter of a trunk of a tree including the bark measured at 1.37 metres above the highest point on the tree where the ground meets its trunk; and, 1.4.2. where there are multiple trunks, the total diameters of the multiple trunks of a tree including the bark measured at 1.37 metres above the highest point on the tree where the ground meets one of those trunks; 1.5. "dead" means a tree that has no living tissue as determined by an arborist; 1.6. "director" means the Director of Planning for the City, or his/her designate 1.7. "Director of Enforcement" means the Director of Enforcement for the City. 1.8. "drip Line" means an imaginary line running directly beneath the outermost branches of an individual tree or of the trees forming the perimeter of the woodland; 1.9. "dying" means a tree that is infected by a lethal pathogen or where 70% or more of its crown is dead as determined by an arborist; 1.10. "emergency work" means work required to be done immediately in order to prevent imminent danger including tree maintenance work necessary due to natural events (i.e. ice storm, high winds, lightning), as well as tree maintenance work associated with emergency drain, utility and building repairs. 1.11. "good arboricultural practice" means the proper implementation of renewal and maintenance activities known to be appropriate for individual trees in and around urban areas to minimize detrimental impacts on urban forest values and includes pruning of trees to remove dead limbs, maintain structural stability and balance, or to encourage their natural form, provided that such pruning is limited to the appropriate removal of not more than one third of the live branches or limbs of a tree, but does not include pruning to specifically to increase light or space; 1.12. "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; 1.13. "injure/injury" means injuring or destroying a tree by: removing, cutting, girdling, or smothering of the tree or roots; interfering with the water supply; setting fire to a tree; applying chemicals on, around, or near the tree; compaction or re-grading within the drip line of a tree; 1.14. "land" includes all property within the City of Kitchener; 1.15. "officer" means any person designated by this or any other by-law or resolution of the City to issue permits, impose conditions and to enforce the permits. 1.16. "owner" means the person having the right, title, interest or equity in the land, or his or her agent authorized in writing, and includes the owner of either property where the base of a tree straddles a property line and the owner of a property that is physically impacted by the roots or crown of a tree; 1.17. "permit" means a permit to injure a tree issued by the director; 1.18. "person" includes a company, a corporation, a partnership, an individual, a public utility and a person as defined in subsection 29 (1) of the Interpretation Act, R.S.O. 1990, c. 1.11, as amended; 1.19. `site' means the area of land containing any tree proposed to be injured; 1.20. "tree" means any species of woody perennial plant, including its root system, which has reached or can reach a height of at least 4.5 metres at physiological maturity, provided that where multiple stems grow from the same root system, the number of trees shall be the number of stems that can be counted at a point of measurement 1.37 metres from the ground; 1.21. "woodlands" means woodlands as defined in the Forestry Act that are one hectare or more in area with at least: 1.21.1. 1,000 trees of any size per hectare; 1.21.2. 750 trees measuring over five centimetres in diameter, per hectare; 1.21.3. 500 trees measuring over 12 centimetres in diameter, per hectare; or 1.21.4. 250 trees measuring over 20 centimetres in diameter, per hectare, But does not include 1.21.5. a cultivated fruit or nut orchard; 1.21.6. a tree nursery; or 1.21.7. a plantation established for the purposes of producing Christmas trees. For these purposes, all measurements of trees are to be taken at 1.37 metres from the ground; 2. GENERAL PROHIBITIONS 2.1. No person shall injure or cause or permit the injury of a tree or trees within the City of Kitchener without a permit. 3. STATUTORY EXEMPTIONS Section 2 of this by-law does not apply to: 3.1. Activities or matters undertaken by a municipality or a local board of a municipality; 3.2. Activities or matters undertaken under a licence issued under the Crown Forest Sustainability Act, 1994; 3.3. The injuring of trees 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; 3.4. The injuring of trees 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 or as requirement of a site plan agreement or subdivision agreement entered into under those sections; 3.5. The injuring of trees by a transmitter or distributor, as those terms are defined in section 2 of the Electricity Act, 1998, for the purpose of constructing and maintaining a transmission system or a distribution system, as those terms are defined in that section; 3.6. The injuring of trees undertaken on land described in a licence for a pit or quarry or a permit for a wayside pit or wayside quarry issued under the Aggregate Resources Act; or 3.7. The injuring of trees undertaken on land in order to lawfully establish and operate or enlarge any pit or quarry on land, 3.7.1. That has not been designated under the Aggregate Resources Act or a predecessor of that Act, and 3.7.2. On which a pit or quarry is a permitted land use under a by-law passed under section 34 of the Planning Act. 2001, c. 25, s. 135 (12); 2002, c. 17, Schedule. A, s. 27 (3, 4). 4. SPECIFIC EXEMPTIONS In addition to Section 3 the provisions of this by-law do not apply to the removal of: 4.1. a tree or trees situated on land less then 0.405 hectares (1.0 acre) in size. 4.2. a dead, diseased or hazardous tree when certified as such by an individual designated or approved by the director; 4.3. a damaged or destroyed tree, when certified as such by an individual designated or approved by the director, where the removal is in the interest of public safety, health or general welfare following any man-made or natural disasters, storms, high winds, floods, fires, snowfall or freezes; 4.4. trees located within 5.0 metres of an occupied building; 4.5. trees that are located within a building envelope in respect of which a building permit has been issued pursuant to the Building Code Act, 1990; or 4.6. trees with a DBH less then 10 centimeters; 5. PLANNING AND DEVELOPMENT PROCESS 5.1. The provisions of this by-law, as amended from time to time, shall form part of the development approval process governed by the Planning Act. 5.2. An application for a permit may be processed concurrently with an application submitted pursuant to the Planning Act and may form part of the technical information requested in order to consider a planning application complete. 5.3. Where there is a planning application involving an approval all trees upon the subject property shall be protected from injury or destruction from any site alteration, until the issuance of a permit and/or the receipt of final approval of any applicable planning applications. 6. ADMINISTRATION 6.1. The director is responsible for the administration of this by-law and is hereby delegated the authority to receive applications and the required fees and to issue permits and to attach conditions thereto in accordance with this by-law. 7. APPLICATION FOR PERMIT 7.1. Subject to sections 2, 3 and 4, every person that intends to injure a tree personally or through another person is required by this by-law to apply to the director for a permit by submitting all of the information necessary to determine compliance with this by-law and paying the fee prescribed. 7.2. An application for a permit shall be deemed incomplete, and no permit shall be issued if: 7.2.1. The application has not been completed in full; 7.2.2. The owner has not signed the application and submitted the original signature as part of the application; 7.2.3. The owner's agent, if applicable, being the party who will be undertaking the works or whom is responsible for the injuring of threes has not signed the application and submitted the original signature as part of the application; or 7.2.4. The application fee has not been paid. 7.3. Where, in the determination of the director, additional information is necessary to evaluate the application, the director may require the applicant to submit such additional information within a specified period of time. If the requested information is not submitted within the specified period of time, the application may be refused. 7.4. Following receipt of an application, the director may confer with such persons and agencies as he or she considers necessary for the proper review of the application, whether or not a permit should be issued, and any condition thereto. 7.5. Where the director refuses to issue a permit, the applicant shall be informed in writing of the refusal by the director. The director may reconsider the application if additional information or documentation required by the director is submitted by the applicant. 8. REQUIREMENTS FOR PERMIT ISSUANCE Following receipt of an application, the director may issue a permit for injuring trees where the director is satisfied that: 8.1. The applicant has complied orwill comply with all requirements of this by-law; 8.2. All required external permits have been granted to the applicant; 8.2.1. The proposed injuring of trees is in accordance with good forestry practices, and: 8.2.1. Will not interfere with natural drainage processes; 8.2.1. Will not result in soil erosion, slope instability orsiltation in a watercourse; 8.2.1. Will not have a significant impact on any healthy vegetation community within, and adjacent to the subject site; 8.2.1. Will not have a significant impact on fish or wildlife habitat within, and adjacent to the subject site; 8.2.1. Will not be in contravention of the Species at Risk Act, 2002 the Endangered Species Act, 2007 or the Migratory Birds Convention Act, 1994; or 8.2.1. Is consistent with an approved tree preservation plan. 9. PERMIT CONDITIONS 9.1.1. A permit may be subject to conditions imposed by the director, which may include requirements for: 9.1.1. The submission of landscaping or restoration plans and associated maintenance plans; 9.1.1. Requiring that replacement trees be planted; 9.1.1. The undertaking of tree cutting work only under the supervision of an arborist. 9.1.1. As to the manner and timing in which injury is to occur; or 9.1.1. As to the species, size, number and location of trees to be injured. 9.1.2. Where the planting of replacement trees has been imposed as a condition, the director may impose further conditions, including, but not limited to: 9.1.2. The species, size, number and location of the replacement trees; 9.1.2. The submission of landscaping or restoration plans and associated maintenance plans; or 9.1.2. The submission of a written undertaking signed by the owner stating the replacement planning will be carried out. 9.1.3. Where the planting of replacement trees is not possible on the subject site, the director may impose conditions requiring that: 9.1.3. Replacement trees be planted on other suitable land; or, 9.1.3. An amount be paid equalling 120 percent of the cost for planting replacement trees and maintaining the trees for a period of 2 years, such amount to be applied to promoting the conservation and sustainable use of trees and woodlands. 10. RENEWAL OR TRANSFER OF PERMIT 10.1. Any permit issued pursuant to this by-law shall be valid for a period of ninety (90) calendar days from the date of issuance. 10.2. An owner shall apply to renew a permit where the work authorized will not be complete prior to the expiration of the permit. A permit may be extended where an application to renew is filed at least thirty (30) calendar days before the date of expiry upon making of a written request to the director accompanied by a payment of one-half of the original permit fee, provided that the proposed work which was the subject of the permit, has not been revised. 10.3. If registered ownership of the site for which a permit has been issued is transferred while the permit remains in effect and outstanding, the new owner shall, prior to the closing of the transfer; 10.3.1. Provide the City with its written undertaking to comply with the permit and any conditions under which the permit was issued; and 10.3.2. Failing which the permit shall be deemed to be cancelled as of the date of the transfer. 11. REVOCATION OF PERMIT 11.1. A permit may be revoked by the director under any of the following circumstances: 11.1.1. If it was issued on mistaken, misleading, false, or incorrect information; 11.1.2. If it was issued in error; 11.1.3. If the owner requests, in writing, that it be revoked; or 11.1.4. If an owner fails to comply with any provision of the permit or this by-law. 11.2. When a permit is revoked, the owner shall immediately cease all operations being conducted under the authority of the revoked permit. 12.ORDERS 12.1. Any person to whom an order is issued pursuant to this by-law shall comply with the terms of such order, within the time set out therein. 12.2. Where an owner or any other person is in contravention of the by-law, or any term or condition of a permit issued under this by-law, the director may make an order directing that the owner or such person to cease any or all work immediately. 12.3. Where a permit has been issued and an owner is in contravention of this by-law or any term or condition issued under this by-law, the director may issue an order directing the owner, within the time set out in the order, to take such steps as are necessary so that the work which was the subject of the permit is completed in accordance with the approved permit, plans, documents and other information upon which the permit was issued under this by-law and in accordance with the terms and conditions of the permit. 13. ENFORCEMENT 13.1. The Director of Enforcement shall be responsible for overseeing the enforcement of this by-law. 13.2. The director and the Director of Enforcement and his/her designates may, at any reasonable time, enter and inspect any land to determine whether this by-law, order, a condition to a permit issued pursuant to this by-law, or a court order pursuant to section 431 of the Municipal Act, 2001, S.O.2001, c. 25 is being complied with. 13.3. A person performing an inspection pursuant to this by-law may: 13.3.1. require the production for inspection of documents or things relevant to the inspection; 13.3.2. inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts; 13.3.3. require information from any person concerning a matter related to the inspection; and 13.3.4. alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection. 13.4. No person shall hinder or obstruct or attempt to hinder or obstruct any person who is carrying out an inspection pursuant to this by-law, and any person who so obstructs an officer is guilty of an offence pursuant to this by-law. 14. PENALTIES 14.1. Any person other than a corporation who contravenes any provision of this by-law, the terms or conditions of any permit, or an order issued under this by-law, is guilty of an offence and is liable: 14.1.1.On a first conviction, to a fine not exceeding $25,000.00; and 14.1.2.On any subsequent conviction, to a fine not exceeding $50,000.00. 14.2. A corporation that contravenes any provision of this by-law, the terms or conditions of any permit, or an order issued under this by-law, is guilty of an offence and is liable: 14.2.1. on a first conviction, to a fine not exceeding $50,000.00; and 14.2.2. on any subsequent conviction, to a fine not exceeding $100,000.00. 14.3 The fines set out in sections 14.1 and 14.2 are exclusive of costs and are collectible pursuant to the Provincial Offences Act, R.S.O. 1990, c. P.33. 15. VALIDITY OF BY-LAW 15.1. In the event a court of competent jurisdiction declares any section or part of this by-law invalid, the remainder of this by-law shall continue in force and effect. 16. SCHEDULES The following Schedules attached to this by-law form and are part of this by-law: 16.1. Schedule "A" INFORMATION REQUIRED FOR A COMPLETE APPLICATION 17. EFFECT This by-law shall take effect and come into force upon its final passing. 18. SEVERABILITY It is hereby declared that each and every of the foregoing sections of this Chapter is severable and that, if any provisions of this Chapter should for any reason be declared invalid by any court, it is the intention and desire of Council that each and every of the then remaining provisions hereof shall remain in full force and effect. 19. CODE 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 so as to fit within the scheme of the Code. PASSED at the Council Chambers in the City of Kitchener this day of , A. D. 2010. Mayor Clerk SCHEDULE "A" INFORMATION REQUIRED FOR A COMPLETE APPLICATION 1. Receipt of prescribed fees; 2. Name, address and telephone number of all owners; 3. Name, address and telephone number of the authorized qualified professional to the owner; 4. Signature or authorization of all owners; 5. Municipal address of property (if assigned); 6. Legal description of property; 7. A detailed plan or survey of the subject site clearly identifying; a. Property boundaries; b. Location and dimensions of existing and proposed buildings; c. Location and dimensions of roadways, driveways and parking areas; d. Any and all significant features of the lands including but not limited to rivers, streams, steep slopes (greater then 20%), wetlands or environmentally regulated areas; e. Location and dimensions of the trees proposed to be injured and/or retained; f. In the instance where the base of a tree to be injured straddles a property line, the written consent of the affected adjacent property owner to the proposed injury shall be obtained. AND (if required) 8. A General Vegetation Overview, Detailed Vegetation Plan or Tree PreservationlEnhancement Plan prepared and signed by a qualified professional in accordance with the City of Kitchener Tree Management Policy No. I-1160 Appendix "B" -Tree Conservation By-law Fee Schedule It is proposed that the following fees be collected: a tree conservation permit be set at $100; a tree conservation permit with revisions be set at $50; and • a tree conservation permit renewal be set at $50 (if a permit is renewed thirty calendar days before the original expiry date).