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HomeMy WebLinkAbout2023-03-23 - Climate Change and Environment Committee Agenda Climate Change and Environment Committee Agenda Thursday March23, 2023 Kitchener City Hall 4:00p.m. -6:00p.m. 200 King St.W. th Kitchener ON N2G 4G7 City Hall, 5Floor, Adams-Seymour Room A & B Page 1 Chair –Brooklin Wallis Vice-Chair – Morgan Garner Commencement The meeting will begin with a Land Acknowledgement given by the Chair. The City of Kitchener is situated on the traditional territory of the Neutral, Anishinaabeg and Haudenosaunee Peoples. We recognize our responsibility to serve as stewards for the land and honour the original caretakers who came before us. Our community is enriched by the enduring knowledge and deep-rooted traditions of the diverse First Nations, Metis and Inuit in Kitchener today. Disclosure of Pecuniary Interest and the General Nature Thereof Members of Council and members of the City’s citizen advisory 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. Delegations Pursuant to Council’s Procedural By-law, delegations are permitted to address the Committee for a maximum of 5 minutes. None Discussion Items 1. Tree Conservation Review Update (30 min) Adam Buitendyk, Forestry Project Manager, Forestry and Natural Areas Management, Infrastructure Services, City of Kitchener Gaurang Khandelwal, Planner (Policy), Planning Division, Development Services, City of Kitchener Carrie Musselman, Senior Environmental Planner, Planning Division, Development Services, City of Kitchener Barbara Steiner, Senior Environmental Planner, Planning Division, Development Services, City of Kitchener 2. DTK Vision (30 min) Natalie Goss, Policy and Research, Planning Division, Development Services, City of Kitchener 3. CorCAP 2.0 (30 min) Anna Marie Cipriani, Corporate Sustainability Officer, Development Services, City of Kitchener Information Items Key decisions of Kitchener Council: Feb. 27, 2023 Minutes to be approved by Chair at agenda setting meetings going forward Committee Administrator Shannon Lodenquai ** 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 1866-969-9994 ** REPORT TO:Climate Change and Environment CommitteeChoose a meeting type DATE OF MEETING:March 23, 2023 SUBMITTED BY:Natalie Goss, Manager, Policy and Research Joshua Shea, Manager, Forestry & Natural Areas Management PREPARED BY:Gaurang Khandelwal,Planner (Policy), 519-741-2200 ext. 7611 WARD(S) INVOLVED:All DATE OF REPORT:March 14, 2023 REPORT NO.:NA SUBJECT:Tree Conservation Processes Review RECOMMENDATION: That the Climate Change and EnvironmentCommittee support staff taking a report to th the April 24Committee of Council outlining existing tree conservation processes that conserve, manage and/or regulate public and private trees in Kitcheneras well asinother relevantmunicipalities; and, Thatthe Climate Change and EnvironmentCommittee support initiating a second phase of the Tree Conservation Processes Review that includesconsideration of specific enhancement opportunitiesto existing tools and processes. REPORT HIGHLIGHTS: The purpose of this report is to outlinefindings from areview of tree conservation processes existing in Kitchener;findings from a scan of processes fromotherselect municipalities;and,discussion points for potential directionsfor asecond phase of the project. The key findingsof this report are: o Kitchener currently utilizes alltoolsavailableand has various mechanisms and processes in place that are deployed to varying degrees in order to support tree conservation. o 72% of Heritage Conservation land use designation in the Official Plan and/or the NHC-1 zone in the Zoning By- Conservation By-law (woodlands 1 hectare in size or greater), the Kitchener Tree By-law (trees on City property), and/or the Kitchener Tree Conservation By-law (trees on private properties 1 acre in size or greater). o 28ulated and therefore vulnerable to removals from private property, or from properties owned by other public agencies. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 1 - 1 o and approaches-perhaps to even greater effect than elsewhere. o permitting process or orders/charges for public tree injury or removal; private tree by-law considers the size of property and the size of the tree; tree replacement/compensation is based on tree value; and, staff resourcing. o There is opportunity for improvement processes, and a second phase of the projectthat explores updates t existing tree conservation processes. There are no financial implicationsarisingfrom this report. Financial implications of poten explored as part of Phase 2. This report supports Environmental Leadership. BACKGROUND: In 2015, Kitchener had an urban forest canopy of around 26% or 3,474 hectares of canopy cover. This was remeasured in 2019 and the urban forest canopy increased to 27% or around 3,615 hectares of canopy, one of the highest percentages of tree cover among urban Ontario municipalities. On January 10, 2022 staff presented report INS-2022-002 Tree Canopy Target for Kitchener to Council recommending approval of a tree canopy target of 30 percent for each ward by 2050 and an overall City-wide tree canopy target of 33 percent by 2070. to initiate a review of existing tree conservation processes inthe City with an intention to extend and strengthen tree conservation measures, including: a review of the existing bylaws and processes, including the Kitchener Tree Bylawand the Kitchener Tree Conservation Bylaw; a review of requirements for tree planting contained within the Development Manual; a review of the Tree Management Policyand any relevant policies as required; and, a jurisdictional scan of other municipal tree conservation processes, policies and bylaws. Staff has undertakenareview of the tree conservation processesin Kitchener and other select municipalitiesand is in the process of finalizing thebackground findings (Phase 1) andpossible directions for new or amended policies/regulations/implementation processes (Phase 2). On February 16, 2023 staff presented background information from the tree conservation processes review toCCEC, and indicated a subsequentpresentationof the background review with an opportunity for CCECto review the findings and provide feedback to staff. The purpose of this report is to present findings from the Tree Conservation Processes Discussion Paperand obtain support for initiating a second phase of the project. 1 - 2 REPORT: Tree Conservation Processes Review Discussion Paper: The Tree Conservation Processes Review Discussion Paper outlinesthe current approach to tree conservation and management in Kitchener, and the findings from a scan of processes and tools from select municipalities. Key highlights of the Discussion Paper are: approximately 3,615 hectares or 27.12% of its land base. 72 Heritage Conservation land use designation in the Official Plan and/or the NHC-1 zone in the Zoning By- Conservation By-law (woodlands 1 hectare in size or greater), the Kitchener Tree By- law (trees on City property), and/or the Kitchener Tree Conservation By-law (trees on private properties 1 acre in size or greater). 28 vulnerable to removals from private property, or from properties owned by other public agencies. Current approach to tree conservation in Kitchener Kitchener uses all tools available for tree conservation such as the Kitchener Tree Bylaw(public trees), the Kitchener Tree Conservation Bylaw(private trees), Tree Management Policy(development applications), and the Development Manual (requirements for tree planting). These tools have worked well for Kitchener in the past, regulating trees and providing opportunities for conservation and mitigation through development review processes. other jurisdictionswhen compared to Kitchener A scan of other munisuggest that Kitchener is using similar tools and approaches-perhaps to even greater effect than elsewhere. -law (public trees) does not have a permitting process in place, while some municipalities do. -law (public trees) does not enable making orders to cease or correct contravention of any provision of the by-law. The application of private tree by-laws differs from municipality to municipalityand is largely based on themunicipali.Most municipalities apply their private tree by-laws based on only size of the tree, irrespective of size of the property.Kitchener uses a combination of size of tree (tree equal to or greater than 10 cm diameter at breast height) and size of the property (property equal to or larger than 1 acre). Tree replacement/compensation in Kitchener is based on value of the tree to be removed. Some municipalities have specified tree replacement ratios based on the size of the tree, while others have used different approaches for determining tree monetary value and replacement costs and the overall compensation value. 1 - 3 Kitchener does not outline a process to appeal treepermit applications, while some municipalities do. Additional learnings The extent and success of tree regulation on public and private properties is closely linked to staff resources available to implement these regulations. Education of stakeholders andclearcommunication around tree conservation and management processesis key for success of tree conservation. There are advantages of forestry staffbeingable to directly enforce by-laws, including the ability to issue orders and penalties. There are benefits of having tree care professionals working on trees to be licensed with the municipality. Adopting an iterative process which monitors tree canopy changes in relation totree permits and development applications, andestablishing anotification procedure which records tree removalswhere injury or destruction of a tree does not require a permit ordevelopment application aids inmaking informed updates to processes. Incentive programs providing financial support to public for maintaining and retaining trees on private properties has its advantages. There are concerns around a lack of process and repercussionagainst property owners who remove treesbeforesubmitting a formal development application. Potential Direction for Phase 2: The review of tree conservation processes in Kitchener and other municipalities (Phase 1) has highlighted the need and opportunity for improvement (potential directions for Phase 2 of this project). staff continue to support a measured approach to balance staff resources while considering an adequate level of protection (the 28% of the tree canopy cover that is not protected and how development would impact this).Phase 2 work will include these metrics for evaluation. STRATEGIC PLAN ALIGNMENT: This report supports Environmental Leadership. FINANCIAL IMPLICATIONS: Capital Budget The recommendation has no impact on the Capital Budget. Operating Budget The recommendation has no impact on the Operating Budget. Potential budget and will be explored as part of Phase 2. COMMUNITY ENGAGEMENT: INFORM This report will be CCECmeeting. CONSULT The findings of the review of tree conservation processes is being presented to the CCEC for input on potential direction for phase 2 of the project. 1 - 4 PREVIOUS REPORTS/AUTHORITIES: INS-2022-002 Tree Canopy Target for Kitchener ATTACHMENTS: Attachment A Draft Discussion Paper-Tree Conservation Processes Review 1 - 5 Tree Conservation Processes Review Discussion Paper 1 - 6 E XECUTIVE S UMMARY In 2015, Kitchener had an urban forest canopy of around 26% or 3,474 hectares of canopy cover. This was remeasured in 2019 and the urban forest canopyincreased to 27% or around 3,615 hectares of canopy, one of the highest percentages of tree cover among urban Ontario municipalities. On January 10, 2022 staff presented report INS-2022-002 Tree Canopy Target for Kitchenerto Council recommending approval of a tree canopy target of 30 percent for each ward by 2050 and an overall City-wide tree canopy target of 33 percent by 2070. Council considered the matter,recommendation and further directing staff to initiate a review of existing tree conservation processes in the City with an intention to extend and strengthen tree conservation measures,including:a review of the existing bylaws and processes, including the Kitchener Tree By-lawand the Kitchener Tree Conservation By-law;a review of requirements for tree planting contained within the Development Manual;a review of the Tree Management Policyand any relevant policies asrequired; and,a jurisdictional scan of other municipal tree conservation processes, policies and bylaws. ThisDiscussion Paper outlines the current approach to tree conservation and management in Kitchener, and in otherselectmunicipalities. Key findings from the review are: Kitchener currently utilizes all tools available and has various mechanisms and processes in place that are deployed to varying degrees in order to support tree conservation. 72%tree canopy is collectively protected through the Natural Heritage Conservation land use designation in the Official Plan and/or the NHC-1 zone in the ZoningBy- Woodland Conservation By-law (woodlands 1 hectare in size or greater), the Kitchener Tree By-law (trees on City property), and/or the Kitchener Tree Conservation By-law (trees on private properties 1 acre in size or greater). i 1 - 7 This means that 28ated and therefore vulnerable to removals from private property, or from properties owned by other public agencies. A scan of other practices reveals thatKitchener is using similar tools andapproaches-perhaps to even greater effect than elsewhere. currentapproach, compared to other municipalities,differs with respect to application of thetools. o Kitchener currently does not have a permitting process in place for injury and destruction of public trees while some other municipalities do. o-law (public trees) does not enable making orders to cease or correct a contravention of any provision of the by-law. o Kitchener uses a combination of size of tree (tree equal to or greater than 10 cm diameter at breast height) and size of the property (property equal to or larger than 1 acre)to apply itsprivate tree by-law,whereasmost municipalities apply their private tree by-laws based on only size of the tree. o Tree replacementor compensationin Kitchener is based on value of the tree(s)to be destroyed, whilesomemunicipalities have specifiedtree replacement ratios based on the size of the treeandsome others have used differentapproaches for determining tree monetary value and replacement costs and the overall compensation value. o Kitchener does notlay out an appeal process for tree permit applications, while some municipalities do. There areadditionallearnings fromother municipalities. o The extent and success of tree regulation on public and private properties is closely linked to staffresources available witha municipality to implement these regulations. o Education and communication with public and professionals is keyfor success of tree conservation. o There are advantages of foresters to be able to enforce by-laws, including the ability to issue orders and penalties. ii 1 - 8 o Monitoring changes in tree canopy tree permits and development applications, and benefits in establishingnotification procedures where injury or destruction of a tree does not require a permit or development applicationis helpful in making informed updates to processes. o There are benefits for having professionals working on trees to be licensed with the municipality. o Incentive programs providing financial support to public for maintaining and retaining trees on private properties has its advantages. o There are concerns around a lack of process and repercussion against property owners who remove trees before submitting a formal development application. The review of tree conservation processes in Kitchener and other municipalities has highlighted the opportunity to improve processes. A second phase of the project to further explore opportunities to enhanceKitchenerree conservation tools, shouldbe undertaken to strengthen and extend existing measures. Updatesto existing tree conservation processes should be based on a measured approach to balance staff resources andadequate level of treeprotection. iii 1 - 9 C ONTENTS Executive Summary.........................................................................................................i 1Introduction and Background....................................................................................1 2Existing Direction and Approach to Tree Conservation and Management................4 2.1Provincial Direction............................................................................................4 2.2Regional Direction..............................................................................................8 2.3Current Approach at City of Kitchener..............................................................10 3Tree Conservation and Management Jurisdictional Scan.......................................17 3.1Shortlisting Municipalities.................................................................................17 3.2Research and Analysis....................................................................................18 4Conclusion..............................................................................................................39 Glossary........................................................................................................................40 References....................................................................................................................42 Appendices 1 - 10 1I NTRODUCTIONAND B ACKGROUND Trees are the most visible part of the urban forest and there is growing recognition of the immense social, economic, and environmental benefits that trees provide to a community. The benefits trees provide is directly related to the quantity and quality of canopyinKitch Sustainable Urban Forest Strategy(City of Kitchener, 2019). Figure 1. 10ways trees help us In 2019,the City of Kitchenetree canopy covered3,615 hectares or 27.2 percent of Citybase.Of thistree canopy 48% wason public property(including lands owned by the Cityand other public agencies)while 50% wason private property. Figure 2 illustrates the proportion of private and publictree canopy ownership in each of the 10 wards in the City, indicating an important role for both public and private landowners in maintaining and conserving the existing treecanopy(City of Kitchener, 2021). Figure 2. Private and Public Tree Ownership in the 10 wards of the City 1 1 - 11 Direction to set a tree canopy target -2022, andKitSustainable Urban Forest Strategy. On January 10, 2022 staff presented report INS-2022-002 Tree Canopy Target for Kitchenerto Council recommending approval of a tree canopy target of 30 percent for each ward by 2050 and an overall City-wide tree canopy target of 33 percent by 2070. Council considered the matter and passed the followingresolution: "That a tree canopy target of 30% per cent by 2050 be established for each of the 10Wards in the City of Kitchener together with an overall Citywide canopy target of 33% per cent by 2070, as outlined in Infrastructure Services Department report INS-2022-002, and, That staff be directed to develop ward (and where appropriate, neighborhoods), specific action plans that focus on planting, maintaining and protecting trees in consideration of local pressures on canopy and, That these action plansinform future budget requests beginning in 2022 for the 2023 financial year; and, That staff bedirected to initiate a review of existing tree conservation processes in the City, including: A review of the existing by-laws and processes, including the Kitchener Tree Conservation By-law Review of requirements for tree planting contained within the Development Manual Reviewing the Tree Management Policy and any relevantpolicies as required Undertake a jurisdictional scan of other municipal tree conservation processes, policies and by-laws With an intention to extend and strengthen tree conservation measures, and report back to Council with preliminary findings by the end of 2022, and further, 2 1 - 12 That staff report back in 2025 and on five-yearly intervalsthereafter, with an update ew on whether the tree canopy target can be increased to 33% per cent by 2050 be established for each of the 10 Wards in the City of Kitchener together with an overallCity-wide canopy target of 38% per cent by 2070." This discussion paperprovides a reviewof existing processes with respect to tree conservation and management for the City of Kitchener, and a jurisdictional scanof other municipal tree conservation processes, policies and by-laws. The discussion paper is structured into the following four sections: Section 1: Introductionand Background Section 2: Existing Direction and Approachto Tree Conservation and Management Section 3: Tree Conservation and Management Jurisdictional Scan Section 4: Conclusion 3 1 - 13 2E XISTING D IRECTION AND A PPROACHTO T REE C ONSERVATION AND M ANAGEMENT In Ontario, each municipality is given powers and duties under the Municipal Actand several other Acts for the purpose of providing good governance with respect to matters within their jurisdiction. Further, upper-tier governments adopt policies,by-lawsand processes thatprovideadditionaldirection to lower-tier municipalities forvarious matters. This section summarizes the provincial and regional directionfor tree conservation and management applicable to the Cityof Kitchener andprovides an overview ofthe current approach totree conservation and management in the City, including public and private trees. 2.1P ROVINCIAL D IRECTION There are several Acts and policy documents that provide direction to municipalities on matter of conservation and managementof trees and woodlands, some specifically provide for the regulation of trees while others areassociated with trees. Municipal Act, 2001, S.O. 2001, c. 25 The Municipal Actgives the responsibility to municipalities toensure laws and plans are in placeto protectthe natural environment. This includes, under Section 135, the power to pass tree by-laws that regulate or prohibit the injuring or destruction of trees.Section 135 (12) of the Act provides statutory exemptions for by-laws passed underSection135. Further, Section 270 of the Municipal Act requires municipalities to adopt and maintain policies with respect to the manner in which the municipality will protect and enhance the tree canopy and natural vegetation in the municipality. Forestry Act,R.S.O. 1990, c. F.26 The Forestry Act allows the Minister of Northern Development, Natural Resources and Forestry to establish programs to protect, manage or establish woodlands and to encourage forestry that is consistent with good forestry practices. TheForestry Actallows municipalities to pass by-laws and enter into agreements for the purposes of forestry 4 1 - 14 activities and reforestation on lands that are either owned by that municipality or are the subject of such an agreement. It provides powersof entry to inspect trees and forest products for infestation, as well as survey timber and natural resources. The Forestry Act also defines what a boundary tree is and provides details on when trees are considered common property and stipulates that every personwho injures or destroys a boundary tree without consent is guilty of an offence under the Act. Planning Act, R.S.O. 1990, c. P.13 The Planning Actsets out ground rules of land use planning inOntario and describes how land uses may be controlled, and who may control them. It provides the basis for considering provincial interests under Section 2 such as the protection of ecological systems and conservation and management of natural resources. Further, it provides for various tools to be at the disposal of municipalities, such as Official Plans,Zoning By- laws,Site Plan Control,and Plans of Subdivision. Section 16 of the Planning Actgives municipalities the power to establish goals, objectives and policies through Official Plans to manage and direct physical change and their effects on the social, economic, built and natural environment of the municipality or part of it. Section 34 of the PlanningActprovides the basis for regulating and controlling land uses in municipalities through Zoning By-laws. Zoning By-laws put the Official Plan into effect and provide for its day-to-day administration, containing specific requirements that are legally enforceable. Zoning By-laws may prohibit any use of land and the erecting, locating or using of any buildings or structures within woodlands, among other natural features and areas. Under Section 41 of the Planning Actmunicipalities are allowed to designate site plan control areas to achieve high quality site design, appropriate siting and massing of development on a site, and to ensure safety, accessibility, attractiveness and compatibility of a development with the site context and overall urban landscape. Municipalities have the authority to approve site plans if sufficient consideration is given to woodland buffers, and trees for landscaping and protecting adjoining lands, including highways. As a 5 1 - 15 condition to approval of site plans, a municipality may require the owner of the land to enter into one or more agreements to ensurethe development proceeds in accordance with the plans and drawings approved.Bill 23, More Homes Built Faster Act now exempts development with 10 residential units or less from site plan control. Part VI of the Planning Actprovides for subdivision of land. Aregistered plan of subdivisioncreates new, separate parcels of land which can be legally used for the sale of lots. Plans of subdivision are required to have regard to the provisions of the Planning Actand related policiesand plans. Municipalities may impose conditions to the approval of a plan of subdivision, including the owner of subject lands to enter into agreements which may be registered against the land to which it applies. Provincial Policy Statement, 2020 The Provincial Policy Statement, 2020 (PPS), issued under Section 3 of the Planning Act, providespolicy direction on matters of provincial interest related to land use planning and development. It gives provincial policy direction tohelp build strong, healthy communities in Ontario;protheritage(such as wetlands and woodlands), water, agricultural, mineral, cultural heritage (such as structures and landscapes) and archaeological resources; and protect communities through directing development away from areas ofnatural or human-made hazards where there is an unacceptable risk to public health or safety, or property damage. PPS prohibits development and site alteration in significant wetlands and significant coastal wetlands, and in significant woodlands, significant valleylands, significant wildlife habitat, significant areas of natural and scientific interest and coastal wetlands unless it has been demonstrated that there will be no negative impacts. Development and site alteration isalso not permitted on lands adjacent to the natural heritage features and areas unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or on theirecological functions. Planning authorities are also required to support energy conservation and efficiency, improved air quality, reduced greenhouse gas emissions, and preparing for the impacts 6 1 - 16 of a changing climate through land use and development patterns which maximize vegetation within settlement areas, where feasible. A Place to Grow: Growth Plan for the Greater Golden Horseshoe ugh the Places to Grow Act 2005, that builds upon the policy foundation ofthe PPS to plan for growthand development inthe Greater Golden Horseshoe (GGH). Policies of the Growth Plan support integration of green infrastructure, including components suchas street trees and urban forests, in achieving complete communities andprotection of the Natural Heritage System for the Growth Plan, outside of the settlement areas. Within settlement areas, the Growth Plan enables municipalities to protect the naturalheritage features and areas in a manner that is consistent with the PPS. Conservation Authorities Act, R.S.O. 1990, c. C.27 The Conservation Authorities Actprovides for the organization and delivery of programs and services that further the conservation,restoration, developmentand management of natural resources in watersheds in Ontario.TheAct enablesestablishment of conservation authoritiesin Ontario, including the Grand River Conservation Authority. Section 21 lends the authoritiesvarious powers to accomplish its objectives.It includes, among other matters, the power to enter into agreements with owners of private lands to facilitate the due carrying out of any project and to plant and produce trees on lands with the consent of the owner for any purpose. Section 28 of the Conservation Authorities Actsets out prohibited activities that include development in areas that could be unsafe for development because of natural processes associated with flooding or erosion, and interference with, or alterations to, watercourses, wetlands or shorelines. Ontario Heritage Act, R.S.O. 1990, c. O.18 The Ontario Heritage Actallows municipalities to designate individual properties and districts as being of cultural heritage value or interest. Part IV allows for designation of 7 1 - 17 heritage properties and Part V allows for designation of heritage conservation districts. Tree(s) can beidentified as a heritage attribute of a property designated under Part IV or as a heritage attribute within a heritage conservation district designated under Part V of the Ontario Heritage Act. Invasive Species Act, 2015, S.O. 2015, c. 22 The Invasive Species Actprohibits the possession, transport, release, or propagation of invasive species within Ontario. Ontario Regulation 354/16 lists prohibited and restricted invasive species, as per subsection 4(2) of the Act. There are presently no woodyplants listed in O. Reg. 354/16. 2.2R EGIONAL D IRECTION The Regional Municipalityof Waterloo builds on provincial direction and implements, in relation to tree conservation and management, theRegional Official Plan and the Conservation of Trees in WoodlandsBy-law. Regionof WaterlooOfficial Plan The Region of Waterloo Official Plan (the ROP) was adopted by Regional Council on June 16, 2009. The ROP was approved by the Ministry of Municipal Affairs and Housing in December2010 and came into full effect in June 2015following its appeal. The ROP incorporates the policy and regulatory framework established by the Province andcontains goals, objectives and policies to manage and direct land use change and its effects on thecultural, social, economicand natural environment within Waterloo Region. Area Municipal Plans, including the City of Kitchener Official Plan, and all land use related by-laws and future development is required to conformto the ROP. Policies in the ROP direct the Region and/or the Area Municipalities to ensure that development occurring within the Urban Areaand Urban Designated Greenfield Areais planned and developed in a manner that protects the natural environment.It also supports improved air qualitythrough opportunities for increasing forestcover throughout the region t land area. 8 1 - 18 The ROP establishes a Greenlands Network in the regionwhich is a layered approach to environmental protectioncomprised of Landscape Level Systems, Core Environmental Features, Fish Habitat,Supporting Environmental Featuresand the linkages among these elements. Policies relating to the Greenlands Networkfocus on protecting and enhancing the ecological integrity and functions of these landscapes. Significant woodlands are identified as Core Environmental Features and defined as areas that meet the criteria of: (a) greater than four hectares in size, excludingany adjoining hedgerows; (b) consisting primarily of native species of trees; and, (c) meets the criteria of a woodland in accordance with the provisions of the Regional Woodland Conservation By-law. The Region encourages good stewardship practices to manage public and private woodlands through the development and implementation of forest management plans.It directs area municipalities to consider the importance of woodlandsduring the development review processand encourages to adopt a Tree PreservationBy-law to prohibit or regulate the destruction or injuring oftrees in woodlands less than four hectares in area. On August 18, 2022, Regional Council passed By-lawNo. 22-038 to adopt Amendment No.6 to the ROP(the Amendment). This amendment updates several planning policies, objectives and mapping in the ROPto ensure they conform to the Growth Plan and are consistent with the PPS. This amendment is currently awaiting approval by the Ministry of Municipal Affairs and Housing. The Amendment directs area municipalities to adopt policies and zoning that advancethe integration ofgreen infrastructure and increase intree canopy to adapt to the impacts of a changing climate. Evaluation of existing environmental policy is anticipated to be part of the second phase of the ROP Review. Conservation of Trees in WoodlandsBy-Law 08-026 T-law 08-026 applies to all natural forested areas that are at least one hectare in size with the requisite number of trees (1,000 trees of any size, 750 trees over five (5) cm in diameter, 500 treesover 12cm in 9 1 - 19 diameter, or 250 trees over 20 cm in diameter)per hectare. Around41%of Kitchener tree canopy iswithin woodlands one hectare in size or greater.The by-law sets the prohibitions and exemptions underwhich protected species ofwoodland trees may and may not be destroyed or injured. It outlines three permit types that can be obtained to allow the destruction of trees: the Good Forestry Practices Permit, the Diameter Limit/Basal Area Permit, and the Woodlot Removal Permit. It also gives powers to makean order to the owner/occupier of a property to discontinue activities that contravene the by-law. 2.3C URRENT A PPROACHAT C ITY OF K ITCHENER Following provincial and regional direction, the Cityof Kitchener worksto protect and manage trees.Importance of trees and the numerous benefits theyprovide are reflected inseveralcity documentsthatinfluence tree conservation and management within the City, such as: -2028: A long-term guiding document that presents the vision and goal for a sustainable urban forest, along with identified actions intended to guide future decisions and priorities. It identifies what is required to grow and maintain big, healthy trees that provide the greatest benefits to the community. A review and potential update of existing by-laws and policies that protect city trees, their soil habitat natural areas, and private trees is identified as an action item. Tree Canopy Technical Report:A periodic technical report analyzing opy metrics through use of high-resolution imagery and LiDAR data. This report helps in tracking and monitoring of the tree canopy in the City. Kitchener, Changing for Good-Our Corporate Climate Action Plan for Sustainability: A climate action plan for reducing corporate level greenhouse gas emissions while adapting to local climate change impacts. Integrated Storm Water Management Master Plan: Master Plan setting targets for stormwater management in the City and how to achieve them,recommending measures to improve overall environmental performance, increasingefficiencies, and reducingcosts. 10 1 - 20 Complete StreetsKitchenerStreets for All: Guidelines to design safe and g towards sustainability, health and social priorities. mapping that approximately identifies its natural heritage system, including among other things, regionally significant and locally significant woodlands. These are identified as core natural heritage features and designated Natural Heritage Conservation. These woodlands are protected from development, redevelopment and site alteration. By-laws (Zoning By-law85-1 and Zoning By-law2019-051): Zoning By-lawsimplements the objectives and policies set out in the al Plan by providing regulations around how to manage land and future development in Kitchener. The Natural Heritage System land use designation is implemented in the ZoningBy-lawthrough the application of a Natural Heritage Conservation Zone. The purpose of this zone is to protect and conserve natural heritage features, including woodlands, and their ecological functions on public and well as private properties. This zoneonly permits existing agriculture and natural heritage conservation uses. Urban Design Manual:Council adopted document containingguidelines to ensure that new development design. Municipal Code Chapter 270:By-lawprohibiting prescribed activities within City parks including cutting, destroying or damaging in any way any tree, flower, shrub or flowerbed subject to approvals. Municipal Code Chapter 633:By-lawprohibiting any activity connected to site alteration within the City except in accordance with a permit. Municipal Code Chapter 665:-outlining the applicable minimum standards formaintenance and occupancy that property owners must follow.Exterior property areas are to be maintained in a safe conditionwhich includesthe removal of trees, bushes, and hedges including any branches or limbs thereof which are dead, decayed or damaged, and brushed. 11 1 - 21 Municipal CodeChapter 690:By-law destruction or injury to any tree, sapling or shrub growing on City property. Municipal Code Chapter 691:By-lawproviding an officer to enter and inspect any land, including trees and vegetation, for pests. Municipal Code Chapter 692:The CBy-lawprohibiting injury of tree or trees on private land within the City without a permit. Tree Management Policy:A Counciladopted policy document whichformulates definite and specific requirements to ensure tree management. Policy ensures consistency and effective assessment of plans submitted with Planning Act applications. City of Kitchener Development Manual: engineering requirements, guidelines, specifications and standards, which guide the design and construction of public infrastructure, and requirements for obtaining approvals associated with development applications. Conservation and management of existing trees on public and private lands are enabled through different toolsin the City. The next subsections speato tree conservation and management on public and private lands. Approach to Tree Conservation and Managementon Public Lands Trees on City lands are recognizorate assets. Public trees include those locatedin parks, open spaces andnaturalareas, as well as those on the road right-of-way (boulevard trees).48% of owned lands, including City ownedlands and that owned by other public agencies(City of Kitchener, 2021). Policiesinthe Official Planpromote and encourage reforestation and naturalization of parks, open space and stormwater management areas. Further, the City is required to protect and manage trees located within and outside a road right-of-way by encouraging public authorities to give due consideration to their preservation when undertaking projects and maintenance activities. The City also requires replacement of 12 1 - 22 any trees damaged or removed from anexisting road right-of-way due to a development or infrastructure project. Ki significant and locally significant woodlands. These are identified as core natural heritage features and designated NaturalHeritage Conservationin the OfficialPlan.These woodlands are protected from development, redevelopment and site alteration. The Zoning By-lawapplies a Natural Heritage Conservation Zonefollowing the Natural Heritage Systemland use designation of the Official Plan. This zone protects and conserves the natural heritage features, including woodlands, on both public and private lands. Only existing agriculture and natural heritage conservation uses are permittedin this zone. 31% of all tree canopy in Kitcheneris protected by Natural Heritage Conservationland use designationand/orzone, and is on publicly owned lands. -he By-law was first adopted in 1987 and later amended in 1988, 1991, 2000, 2001and 2011. The Infrastructure Services Department administers this By-law and is authorized for all acts necessary to provide for the planting, care and maintenance of all treeson City property. The By-law prohibits damage, destruction or injury to any tree, sapling or shrub or any part thereof located on a City property. It also prohibits damage, destruction and removal of any supporting post, stake or guard attached to or around a tree, and cutting, rooting and removingany tree or part thereof whether living or dead. 37% of all tree canopy in Kitchener is regulated bythe Citys Tree By-law. TheCity of KitchenerDevelopment Manual identifies the minimum requirementsfor tree planting andsoil habitat zones for all City lands managed by InfrastructureServices DepartmentunderSection M -Urban Forest Tree Planting & Establishment. The requirementsincludedetails aboutminimum quantities, tree size, soil volumes, cash-in- lieu paymentsand species diversity. The number of trees requiredand their locations varies by the type of development and land usewhile rest of the requirements remain same for all types of developments. 13 1 - 23 PLACEHOLDER FORMAP HIGHLIGHTINGALL TREE CANOPY ON PUBLIC LANDS Approach to Tree Conservation and Managementon PrivateProperties Although trees on City lands are an integral part of majority(50%)of treecanopy is located on privately ownedlands(City ofKitchener, 2021).TheCityaims toconserveand manage the private trees through use of various tools. s Official Planencourages reforestation, wise management and improvement of privately owned trees and woodlands within the City. Policy 7.C.2.3 protects existing site conditions within the development review process by not recognizing illegal acts resulting, or having resulted, in a reduction in the form or function of natural heritage feature including tree removal. Restoration of the damaged area may be required prior to, or as a condition of, approval of any development application. The City may also requireexisting trees and vegetation to be retained through the SitePlan Approval process. The Zoning By-lawapplies a Natural Heritage Conservation Zone which protects and conserves the natural heritage features, including woodlands, on private and public lands. 18% of all tree canopy in Kitcheneris protected by Natural Heritage Conservationland use designationand/orzone, and is onprivateproperties. The Tree Management Policy applies where a proposed development requires a Planning Act application (e.g. subdivision, Official Planand Zoning By-lawamendments, site plans, andsome committee of adjustment applications). It consists of the following three steps within which data collection and analysis is sequentially undertaken: 1.General Vegetation Overview:The purpose of a General Vegetation Overview is to provide an inventory and mapping of biological and physical characteristics for each vegetation community. This is required for all lots or blocks within a Draft Plan of Subdivision. It determines which vegetation community requires further data and analysis, and the criteria to evaluate the Draft Plan of Subdivision. The Tree 14 1 - 24 Management Policy specifies the information generally requiredfor theGeneral Vegetation Overview. 2.Detailed Vegetation Plan:The purpose of a Detailed Vegetation Plan is to provide further data and analysis as set out in a previously approved General Vegetation Overview. It is required forall lots and blocks containing vegetation communities requiring further data and analysis. 3.Tree Preservation/EnhancementPlan:This is required for subdivisions where the Detailed Vegetation Plan identified trees to be retained, site development under Section 41 of the Planning Act, and lots containingtrees created by consent under Section 52 of the Planning Act. Tree removal onprivate property is subject to the Tree Conservation By-lawwhich prohibits injury of tree(s)on privatepropertieswithin the City without a permit. The By- law,in addition tothe statutory exemptions,exempts lands less than 1 acre or 0.405 hectares in size, and small trees with a diameter at breast height of less than 10 centimeters. PLACEHOLDER FOR A MAP HIGHLIGHTING ALL PRIVATE TREE CANOPY Challenges with Current Approach to Tree Conservation and Management City staff have identified variouschallenges with respect to regulating trees on public and private propertiesthrough the current processes. These challenges pertain tothe vulnerable tree canopy (i.e.,tree canopy not protected or regulated throughthe current processes),and recent development trendsrelated to intensification and infill development.Some of the challenges include: 72% of existing tree canopyis collectively protected through the Natural Heritage Conservation land use designation in the Official Plan and/or the NHC-1 zone in the Zoning By-law, and/or r Woodland Conservation By-law (woodlands 1 hectare in size or greater), the Kitchener Tree By-law (trees on City property), and/or the Kitchener Tree Conservation By-law (trees on private properties 1 acre in size or greater). This means that 28% ofexisting tree canopy is not protected or regulated 15 1 - 25 and therefore vulnerableto removals from private property, or from properties owned by other public agencies. Figurebelow highlights the existing tree canopy in Kitchener that is protected/regulated or not protected/regulated. PLACEHOLDER FOR MAP HIGHLIGHTINGEXISTING TREE CANOPY THAT IS PROTECTED/REGULATED COLLECTIVELY THROUGH DIFFERENT TOOLS AND THAT IS NOT PROTECTED/REGULATED Impact on trees(publicand private) and their root zonesfrom development on adjacent propertiesincluding additional dwelling units, anddriveway widening and curb cuts. Administrative challenges,includingbut not limited to,extensive staff timeinvolved withreviewing development applicationsand inspectingand monitoring trees as part of these applicationsthat areto be retained. Inconsistenciesin absence of clear treereplacement and compensation policies and coordination required between different departments. 16 1 - 26 3T REE C ONSERVATION AND M ANAGEMENT J URISDICTIONAL S CAN Other municipalities in Ontario as well as in other Provinces, use various mechanisms to conserve and manage trees. Using publicly available data and information collected through key-informant interviews, this section provides a summary of some shortlisted municipalities in Canadaand their comparison with the City of Kitchener in relation to conserving and managing trees within their respective jurisdictions. 3.1S HORTLISTING M UNICIPALITIES Forthis review, municipalities were selected on a rangeof criteria. This included similar population size, similar population density, fast growth rates, proximity, progressiveness, andsimilar urban character/natureto Kitchener. Additionally, some municipalitieswere considered due to their large population size, high density, and continuedleadership in policy development, including tree conservation and management.Table 1lists the12 selected municipalities and the reason(s) fortheirinclusion. Table 1. List of shortlisted municipalities and reason(s) for inclusion MunicipalityReason(s)forInclusion City of WaterlooArea municipality within the Region of Waterloo City of CambridgeArea municipality within the Regionof Waterloo City of GuelphSimilar population density and proximity to Kitchener Town of OakvilleSimilar population size,population density and character to Kitchener City of LondonProximity and similar character to Kitchener City of MississaugaProximity and similar character to Kitchener City of HamiltonProximity and similar character to Kitchener Town of New TecumsethRecently updated processes City of TorontoLarge population size, high population density, leadership in policy development City of VancouverLarge population size, high population density, leadership in policy development 17 1 - 27 City of EdmontonLarge population size, high population density, leadership in policy development City of SurreyLarge population size, progressive, fast-growing municipality (similar to Kitchener) 3.2R ESEARCH AND A NALYSIS This section provides an overview ofthe existing tree conservation and management processes at theselected municipalities. Each of the municipalitieswereexploredto check whattools they use to conserve and manage trees, or to enhance tree canopy within their jurisdictions.Largely, it was observed that municipalities use the following tools to conserve and manage trees: Urban forest management plan/strategy(UFMP/S) or equivalent, including specifiedtree canopytargets(TCT); Official plan policies(OP)inrelation to treeconservation and management; Treemanagement policy/guidelines/manual/standardsor equivalentdocuments (TMP) used to guide the development process; and, By-lawsregulating: o public trees in parks, open spaces and natural areas, as well as those on the road right-of-way (boulevardtrees) o trees on private properties Table 2illustrates a snapshot of the tools that the selectedmunicipalities use to conserve and manage trees. Table 2.Overview of tree conservation toolsusedin municipalities MunicipalityUFMP/S & OPTMPTree By-law TCT 18 1 - 28 Yes Yes 19 1 - 29 Urban Forest Management Plan/Strategy& Tree Canopy Target Urban Forest Management Planor Strategy(UFMP/S) is essentially a strategy document that outlines a muvision andgoals of growingand maintaining the urban forest asset.UFMP/Saretypicallyintended to maintain or enhance the urban forest in a municipality through high-level goals supportedthroughspecific recommendationsand action items.The goals largely revolve around planning, engaging, maintaining, protecting,and planting,similar to the five branches ofKitchene Forest Strategy.Therecommendations and/or action items on the other hand are tailored tothe municipalityandcan include influencing Official Plan policies regarding trees, direction oninstituting tree by-laws, and direction onestablishing public education programsandtree-planting programs. Of the 12 municipalitiesreviewed, 10 havean UFMP/Sdocument.City of Waterloo and the City of Hamilton do not currently have a UFMP/S.Appendix Adocumentsthe types of tree-related issuesaddressed through actions and/or recommendations by the municipality, and other ways theyplan on growing their urban tree canopy. Municipalities also set tree canopy targets based on current canopy cover, anticipated future trends,and goals set out by the municipality. Table 3provides a summary of existing tree canopy and tree canopy targetsset by the selected municipalities.Most municipalities set a municipality-wide tree canopy target. City of Kitchener, in addition, has set a target for each ward as well. Some municipalities (City of London, Town of New Tecumseth) have setthe tree canopy targetto be achieved for a specified area within the municipality. Further, some municipalities (Town of Oakville) have tree canopy targets by land usedesignation (not shown in the table). 20 1 - 30 Table 3. Existing Tree Canopy and Tree CanopyTargets MunicipalityExisting Tree CanopyTree Canopy Target 21 1 - 31 DevelopmentReview The development review process in municipalities with respect to tree conservation and management is more or less similar. Policies in the municipal Official Plans areoften supplemented with additional guiding documents that assist in tree conservation and management through the development review process. Appendix Blistspolicies related to tree conservation and management in the respective Official Plans ofthe selected municipalities. All 12 municipalities reviewed have policies that deal withenvironmental features including trees and urban forests. Generally, municipalities apply natural heritage that aredelineated through a map attached to the Official Plan. The primary objective of delineating the natural heritage protection areas isto protect and enhance the ecological network within municipaljurisdictions. Althoughtrees are not the specific focus of such policies, the policies include protection of significant environmental features (including woodlands), planning for green and sustainable development, and restoring the urban landscape through appropriate (native, climate resilient) planting. More restrictive policies apply to lands close to environmental features identified under the natural heritage protection areas. However, much of the previously developed urban landscape remains outside the boundaries of these protections. A range of policies in municipal Official Plans are relatedto conservationof trees and often linked tothe development review process. The primary objective of such policies is to retain existing trees and preserve the existing landscape asmuch as possible. However,some developments are not able to preserve all trees located on site. Most policies are thereforecentered around replacement or relocation of trees damaged through developmentin order to guide preservation of pre-existing landscape through either replacement on-site or relocation off-site. This is considered to bethe next best approach to address tree loss if a development is not able to retain trees. Majority of the Official Plan policies direct to include tree inventory/protection/preservation plan as part of a development application. Such plansinvolve documentation of existing 22 1 - 32 trees, ones to beretained and ones intended to be destroyed. This allows municipalities to monitor the treescape and hold applicants to high standards for protection of trees while development occurs. Planners are provided with a level of control to ensure adequate tree planting is included in development agreements. Municipalities have expressed concern regarding the application of these policies through the planning process and the potential for applicants to clear-cut a site before submitting a formal developmentapplication. Some Official Plans include policies that confront this concern through including policies that ensure applicants are held accountable for alterations made to a site before a developmentapplication is submittedtothe municipality. The Cityof Kitchener and the City of Waterloo have policyin their Official Plansthat does not recognizeconditions resulting due tosuch as tree removal as existing conditions and enables conditions to be imposed to restorethe damaged area.However, theuse of the term debatable.The Town of New Tecumseth has approached this challenge by prohibiting removal of protected trees within two years of a development or demolition application in its tree by-law.References toand adherence to the intent ofother municipal policies or by-laws make tree conservation and management stronger, particularly where existing trees havebeen removed or damaged prior to an application or during the process of obtaining approval. Some Ontario municipalities(City of Guelph, Town of Oakville),in their Official Plans, also refer to the importance of trees in matters of heritage preservation. These policies enable tree conservation as a matter of preserving heritage landscapes or natural heritage features of neighbourhoods through additional protection of designated heritage items under the Ontario Heritage Act. Many municipalities (Cityof Waterloo, City of Cambridge, City of Guelph, Town of Oakville, City ofHamilton, City of Vancouver, City of Surrey) include design-related policies regarding trees within their Official Plans. Such policies support the aesthetic and material benefits that trees provide residents serving as a way to encourage tree planting orprotection. These policies communicate thattrees should be retained, replanted or relocated in order to achieve desirable aesthetics or provide distinct benefits to users of 23 1 - 33 the area.The City of Kitchener refers to the Urban Design Manual and the Development Manual for incorporating existing and/or new trees into design. Subtle differences were observed in the languageof policies. For instance, some policies aremore direct using tarenon-binding and open for interpretation bshouldLanguage prompting protection of trees directs tree protection to be considered and incorporated into design through the development process. On the other hand, the use of non-binding language draws attention to considering trees in the development process but is more likely to be interpreted as a suggestion for consideration. Beyondthe Official Plan policiesdiscussed in the previous subsection,most municipalities(City of Cambridge, City of Guelph, City of Mississauga, City of London, City of Hamilton,Town of Oakville, Town ofNew Tecumseth, City of Toronto, City of Edmonton) have separate guiding document(s)as the City of Kitchener. The City of Kitchener has the Tree Management Policy, the Urban Design Manualand the Development Manual that assist City staff and the development industry including developers, builders and their consultants and contractors to prepare and evaluate submissions associated with development and infrastructure. The City of Tree Management Policyprovides detailson submission requirementsat different stages of a development applicationthrough three types of documents(general vegetation overview, detailed vegetation plan, and tree preservation/enhancement plan).Other municipalities have similar requirements during development applications for tree inventoryand preservation. Some municipalities (City of Guelph, Town of New Tecumseth, City of Mississauga)list tree replacement ratios and/orapproach tocompensation formula. Most tree replacement ratios are based on the sizeof the tree being destroyed. The City of Guelph and the Town of New Tecumseth enablereplacement/compensation based on aggregate caliper formula, area-basedcanopy approach andmass planting approach.The City of Edmonton places emphasis on the replacement costversus monetaryvalue of a tree and necessitateshigher of the two forcompensation.The cost of replacing a tree includes the plant material, installation, all planning components, watering and young tree 24 1 - 34 maintenance (pruning and stakeremoval).The City of Kitchener basesits tree replacement on the value of the tree to be destroyeddetermined by practices established by the International Society of Arboriculture, where replacement trees are to be of the same or greater value.The Cityof Cambridge,in addition to following a similar approach to the City of Kitchener,enablesrequirement of security depositsor letter of credit for detailed vegetation planson lots that are to cometo public ownership.The value of the trees aredetermined through consultation with the Forestry Technician. identifies the minimum requirements for tree planting and soil habitatzones for all City lands. Other municipalities have these requirementsas well but not necessarily consolidated in one document.The requirements typicallyinclude details about minimum tree quantities, tree size, soil volumes, cash-in- lieu payments,and species diversity. The number of trees required,and their locations varies by the type ofdevelopment and land use while rest of the requirements remain same for all types of developments. Public Tree By-laws Public tree by-laws regulatetrees owned by the municipalityincluding trees located in parks, open spaces and naturalareas, as well as those on the road right-of-way or boulevards.Of the 12 municipalitiesreviewed, 11 havea public tree by-law.City of Guelph is the only municipality in the selected municipalities that doesnot currently have a public tree by-law.Key components of thepublic tree by-laws and differences in the municipalities are discussed below. 1.Prohibition, application, and exemptions Public tree by-lawsee By-law,prohibitinjury, damage,or destruction ofany tree, sapling or shrub or any part thereof located on a property owned by the municipality;damage, destruction and removal of any supporting post, stakeor guard attached to or around a tree;cutting, rooting and removing any tree or part thereof whether living or dead;and fastening, tying or attaching 25 1 - 35 any animal, fence, wire, bill or notice to any tree or to any post, stake or guard which supports a tree. The authority for planting, care and maintenance and removal of treesis also set out in public tree by-laws. Further,the responsibility of executingwork onmunicipal propertyand taking all necessary steps to avoid injuring of trees is on the person or corporation undertaking the work. Kitchen-law requiresadequate steps for the protection of any trees on city property within 6.09 metres (20 feet) of anysuch lot before commencement of work.Other municipalities (City of Toronto, Town of Oakville,City of Mississauga, City of Edmonton, City of Surrey, Town of New Tecumseth)have similar requirements, buthave also developed separate tree protectionprocedures that must be adhered to when construction is occurring near citytrees.Some of these municipalities also have a permitting systemin place to support the public tree bylaw.These permits providea proactive notification that a city tree may be impacted by construction, allow conditions tobe applied to the permit and in some cases collect securitiestoensure tree protection measures are implemented and monitored for the duration of a project. Kit-lawalso prohibits grade alterationaround trees without the specific permission from the department. Further, permission is required to plant trees on City property.In contrast,it does not specify permission is required to injureor destroyapublic tree(s). 2.Orders, offences, and penalties By-law does notenablemaking orders for contravention of any provision of the by-law. It provides thatevery person who contravenes any provision of the by-lawis guilty of an offence and liable, upon conviction, to afine. Thefine, not exceeding $5,000,is exclusive of costs and recoverable under the Provincial Offences Act. Further, the by-law enablesrecovering of costs for damage or destruction of a tree.For atree which is damaged beyond repair, the cost includesthat of removing the tree andthe valueof the tree as established by 26 1 - 36 the appropriate method of appraisal prescribed by the InternationalSociety of Arboriculture. Some municipalities (City of Waterloo, Town ofOakville, City of Toronto, City of London,City of Hamilton)enable makingorderseither to cease the contravention or to do work to correct the contravention.In contrast to the maximum fineset out -law, other municipalities (Town of Oakville, Cityof Mississauga) specify minimum and maximum fines for a first and subsequent convictionand in case ofcontinuing offences. Town of Oakville includesa clause that removes any upper limit of fine amount where there is an economic advantage or gain from the contravention.In addition to finesapplied upon convictionfor contravening the bylaw,some municipalities (City of Toronto, City of London, City of Hamilton,Townof New Tecumseth, City of Edmonton)can issue set administrative penaltiesor tickets forthe injury or removal of citytrees. Private Tree By-laws Private tree by-laws regulate the removal of trees on privately owned lands. 10 of the 12 municipalitiesreviewed have a private tree by-law.The extent to which a municipality regulates privatetree protection varies. Key components of private tree by-laws and differences in the municipalities are discussed below. 1.Prohibition,application,and exemptions Private tree by-laws prohibit causing or permitting the causing ofinjuryor damage to treeson private properties without a permit. Injury or damage is generally defined to include: removing, cutting, girdling, or smothering of the tree or its roots; interfering with the water supply; setting fire to a tree; applying chemicals on, aroundor nearthe tree;andcompaction of regrading within the dripline of a tree. Some municipalities, such as the City of Cambridge,theTown of Oakville, and the City of Mississauga specify that maintenance pruning is not considered as injury/damageto a tree whengood arboriculture practicesare followed. Furthermore, the Town of New Tecumseth prohibitsremoval of tree(s) within two 27 1 - 37 (2) years of a development/demolition application, including road occupancy permit and site alteration applications. Depending on theobjectivesof andresourcesavailablewith the municipality,the application of private tree by-lawsdiffers.Table4summarizes the application of private tree by-laws in the selected municipalities. Most commonly,private tree by-laws are based onthe size of the treemeasured by the diameter at breast height (DBH).Some municipalities(City of Kitchener and City of Guelph)use a combination of size of the tree and size of the land to regulate trees.Further, somemunicipalities specify species of trees to be regulated (City of Surrey) or refer totrees classified as endangered,threatened or at risk under the provincial Endangered Species Act or the federal Species at Risk Act(Town of Oakville).Some municipalities (Town of Oakville and City of Mississauga) also specify regulation oftrees required to be retained or planted as a condition of a development application or the by-law itself. Table4. Application of Private TreeBy-laws MunicipalityApplication City of KitchenerT City of WaterlooNo private tree by-law City of Cambridge City of GuelphT Town of Oakville Trees of any sizeretained or planted as a condition of an approved site plan City of Londonwithin the urban growth boundary Treesof any sizewithin a tree protection area City of Mississauga 28 1 - 38 Replacement trees City of Hamiltonwithin certain areas of the City (Ancaster and Dundas) Town of New Tecumsethpart of a development Significant or heritage tree City of Toronto30 cm Trees of any sizewithin a protected area (through a separate Ravine and Natural Feature Protection By-law) City of Vancouver City of EdmontonNo private tree by-law City of Surrey Replacement Trees Treesplanted or retained through a development application Treesin a riparian area Treeswith evidence of nesting Specified tree species The Municipal Actlists statutory exemptions fortree by-laws passed under Section 135 but does allow for flexibility in what is regulated.Injury or damage to a tree is generally exempt from the requirement for a permitif:the tree isdead, diseased or hazardous;the tree isdamaged or destroyedand removal is in the interest of public safety, health or general welfare;the tree is within five (5) meters of an occupied building, or located within a building envelop in respect of which a building permit has been issued;activities or matters are undertaken by a 29 1 - 39 municipality or a local board of a municipality; activities or mattersareregulated or licensed underother statutessuch as the Crown Forest Sustainability Act, Forestry Act, Surveyors Act,Electricity Act,Farming and Food Protection Act,or Aggregate Resources Act;and, activities or matters are in accordance with a condition to the approval of a development application or agreement under Section 41, 51, 52, or 70.2 of the Planning Act.Some municipalities such as the City of Cambridge, the City of Guelph,the Town of Oakvilleand the City of Mississauga also exempt trees located on rooftop gardens,ininterior courtyards, insolariums,in a nursery,orin a golf course. Some municipalities do not exempt dead, diseased or hazardous tree(s) or damaged or destroyed tree(s) where removal is in the interest of public safety (City of Mississauga, City of Vancouver). These municipalities require an issuance of a permit, where an application needs to be supported with an arborist or other qualified professional certifying the condition of the tree. 2.Permitsand Conditions Application requirements Private tree by-laws prescribe information and fees required for a complete application for a permit to injure or damage a tree regulated under the by-law.In addition to general identifierinformation,prescribed feesand consent from all owners (particularly in case of a boundary tree),municipalities require specific information related to trees and/or environmental featuresto be submitted. City of Kitchener requiresa detailed plan or survey ofthe subject site which clearly identifies location and dimensions of the trees proposed to be injured and/or retained, and all significant features of the lands including but not limited to rivers, streams, steep slopes (greater than 20 percent), wetlandsor environmentally regulated areas. A General Vegetation Overview, Detailed Vegetation Plan or Tree Preservation/Enhancement Plan prepared and signed by a qualified professional in accordance with the City of Kitchener Tree Management Policy may also be required.-law also enables additional 30 1 - 40 information to be required within a specified period of time if deemed necessary to evaluate the application. Municipalities(City of Cambridge, City of Guelph)requirephotographs to be submitted along with a plan or plan of survey including the location, species, DBH and condition of each tree to be injured or retained, purpose for the injuryor destruction, nature and method of the proposed injury or destruction, and nature and method of the protection for each of the trees to be retained including if required a tree protection plan.Furthermore,some municipalities (City of Guelph, Town of Oakville, City of Mississauga, City of Toronto, City of London)enable the requirement ofan arborist report/opinionto be submitted for various purposes. The Town of Oakville licensesarborists under its Licensing By-law. City of Vancouver and City of Surrey identify arborists as certifiedby the International Society of Arboriculture. corporated with its public tree by-law, it does not lend the opportunity to apply for permits. Issuance or refusalof a permit Perm-law are valid for a period of ninety calendar days from the date of issuance. A permit may be extended where an owner applies to renew a permitat least thirty calendar days before the date of expiry accompanied with a payment of one-half of the original permit fee.City of Guelph issues permits for a period of ninety days as well witha one-timeextension of ninety days.Other municipalities (City of Cambridge, Town of Oakville and City of Mississauga) issue permits valid for 12 monthswhile City of Vancouver issues permits valid for 6 months. Private tree by-laws set out requirements for issuance and/or refusal of tree permits. General criteriafor issuance of a permit include submission of complete application and prescribed fees. Other criteriafor issuance of apermit to injureor destroya treeat City of Kitchenerinclude:proposed injurybeing in accordance with good forestry practices;interference with natural drainage processes; soil 31 1 - 41 erosion, slope instability or siltation in a watercourse; impact on healthy vegetation community or on fish or wildlife habitat within and adjacent to subject site; contravention to the Species at Risk Act, theEndangered Species Act, or the Migratory Birds Convention Act; and/orconsistency with an approved tree preservation plan. Othermunicipalities specify the use offollowing criteria for the issuance of a permit to injure or destroy a tree: condition and location of the tree; reason(s) for the proposed injury or destruction; no reasonable alternatives to the proposed injury or destruction; preservation of retained trees on the lot; and protection and preservation of ecological systems and their functions. The criteria for issuanceof a permit discussed above also become criteria for refusal of a permit for the injury or destruction of a tree. Conditionson a permit Private tree by-laws enableissuance of permits subject to conditions. City of -lawstipulatesconditions which may be imposed as a requirement for a permitincluding:submission of landscaping or restoration plans and associated maintenance plans;requiring replacement trees be planted; undertaking of tree cutting work only under supervision of an arborist;the manner and timing in which injury is to occur; or,the species, size, number and location of trees to be injured. Further, where planting of replacement trees is imposed as a condition, further conditions may include: species, size, number and location of the replacement tree; submission of landscaping or restoration plans and associated maintenance plans; or submission of a written undertakingsigned by the ownerfor carrying out replacement planting.Where replacement trees are not possible to be planted on the subject site, conditions maybe imposed: to plant replacement trees on other suitable land; or, to pay an amount equaling 120 percent of the cost for planting replacement trees and maintaining the trees for a period of two years. 32 1 - 42 nservation By-law does not specify any ratio or the size of the replacement treesto be planted. This is left at the discretion of the Director. Some municipalities such as the Town of Oakville,the City of Vancouverand the City of Surreyspecify the number and size ofthereplacement trees based on the size of the tree being removed.City of Surrey also enables requirement of a security deposit in cash or letter of credit where replacement trees or retention of existing trees are required as a condition of a permit. Some municipalities(City of Cambridge, City of Guelph)stipulate imposing other conditions such as implementation of specified measures to mitigate the direct and indirect effects of injuring or destroying other nearby trees, land water bodies or natural areas. Furthermore, municipalities such as City of Cambridge and City of Londonenable imposing special conditions as necessary in addition to those specified in their respective by-laws. Appeals The Town of Oakville, the City of Mississauga, the City of London, and the City of Toronto allow the applicant to appeal a refused tree permitapplication within a prescribed time(generally 14, 21, or 30 days)from the date of issue of the decision. There is no requirement under the Municipal Actto provide for an appeal process for a by-lawpassed under Section 135 of the Act. 3.Orders, offences,and penalties -lawenables for the Director to make an order the owner or any other person in contravention of the by-law or a condition of a permit issued under the by-law to cease any or all work immediately,and/or to take necessary steps in accordance with the approved permit, plans, documents and other information upon which the permit was issued and in accordance with the conditions of the permitwithin a time set out in the order. Some municipalities such as the City of Mississauga, the City of London and the City of Toronto enable making an order to do work to correct the contravention. This may require that any injured or destroyed tree be replaced with a replacement 33 1 - 43 tree and further specifyitsspecies and location or payment in lieu be provided for where a replacement tree cannot be located on the lot. Any person or corporation who contravenes any provision of the by-law, conditions of a permit, or an order issued under the by-law, is guilty of an offence and liable to fines. Generally,the fines are exclusive of costs and are collectible pursuant to the Provincial Offences Act. City of Kitchenerenables penalties as follows: For contravention by a person o on a first conviction, to a fine not exceeding $25,000; and, o on any subsequent conviction, to a fine not exceeding $50,000. For contravention by a corporation o on a first conviction, to a fine not exceeding $50,000; and, o on any subsequent conviction, to a fine not exceeding $100,000. In addition to minimum and maximum fines for a first and subsequent conviction, most of the other municipalities (City of Cambridge, City of Guelph, City of Mississauga, City of London) prescribe a minimum fine of $500andminimum and maximum fines per tree. They also clarify thatin case of multiple offences, the total of all daily fines is not limited to the maximum. In most cases, the maximum fine is $100,000. Resources for Administrationof Tree Conservation Processes The extent of tree regulation on public and private properties is closely linkedwith resources available with a municipality to implement these regulations. All municipalities have differentstaff complementavailableat theirendwhich is summarized in Table 5. Typically, the duties are observed to bedivided amongstPlanning and Forestry teams with assistance from By-law Enforcement, similar to what the City of Kitchener currently has. 34 1 - 44 Table 5. Staff Resources available with select municipalities MunicipalityStaff Resources o o 35 1 - 45 o o 36 1 - 46 Note: Staff resourcing information has beencollected through municipal interviews and/or municipal staff reportspublished and available in the public domain. Other Learnings Additionalopportunities were identified from conversationswith municipalities and their experiences administering tree conservation and management tools. These are: Education and communication Educating stakeholders and communicating the processes around tree conservation clearly can contribute positively towards the success of conserving trees. Notification procedures and monitoring Municipalities have communicated advantages of monitoring changes in tree canopy through tree permits and development applications, and benefits in establishing notification procedures where injury or destruction of a tree does not require a permit or development application. Some municipalities have embedded notification procedures in previous versions of their by-laws to gather data and made informed updates. Bylaw review intervals Some municipalities use data collected through their notification procedures and monitoring to review their bylaws at set intervals or on an annual basis and may make necessary updates and changes to ensure bylaws are effective. Foresters plusby-lawofficers Municipalities where foresters were also by-law officers conveyed advantages of foresters to be able to enforce by-laws, including the abilitytoissue orders and penalties. Professionals licensed with the municipality 37 1 - 47 Some municipalities requireprofessionals working on trees within their jurisdictions to be licensed with the municipality. This helpswithbuild relationships between municipal staff and contractors, as well as improve bylaw compliance. Tree incentive programs Some municipalities have conveyed advantages and success of certain tree incentives programsproviding the public with financial support to maintain and retain a specified size of trees on private properties. 38 1 - 48 4C ONCLUSION Thereview of existing processesfor tree conservation and management on public and private lands in the City of Kitchenerandinother municipalities demonstratesthat the City of Kitchener uses all tools available to conserve and manage trees.This includes the Sustainable Urban Forest Strategy, the Official Plan, the Zoning By-law, theTree Management Policy, the Tree By-law, the Tree Conservation By-law, and the Development Manual. However, the review alsosuggests that application of these tools.There is opportunity to learn from the implementation of tools by othermunicipalities andimprove .A second phase of the project to further explore opportunities to enhanceKitchener conservation tools, shouldbe undertaken to strengthen and extend existing measures. Updatesshould be based on a measured approach to balance staff resources with adequate level of treeprotection. 39 1 - 49 G LOSSARY Good Forestry PracticesAs defined by the Forestry Act,means the proper implementation of harvest, renewal and maintenance activities known to be appropriate for the forest and environmental conditions under which they are being applied and that minimize detriments to forest values including significant ecosystems, important fish and wildlife habitat, soil and water quality and quantity, forest productivity and health and the aesthetics and recreational opportunities of the landscape. Green Infrastructure-natural and human-made elements that provide ecological and hydrological functions and processes. Green infrastructure can include components such as natural heritage features and systems, parklands, stormwater management systems, street trees, urban forests, natural channels, permeable surfaces, and greenroofs. Tree canopy-The layer of branches, stems, and leaves of trees that cover the ground when viewed above. Tree canopy,Existing -The amount of urban tree canopy present when viewed from above using aerial or satellite imagery. Tree canopy,Potential-The amountof area, includingall the grass, shrub, and bare including many areas that would not be planted with trees because of their current use such as: flower/food gardens, grassed areas,playfields, sports fields, golf courses, public spaces and agricultural lands. Urban ForestThe trees, forests, greenspace and related abiotic, biotic and cultural components, all elements of green infrastructure, in the City. It includes all trees, and forest cover in the Cityas well as related components in surrounding rural areas. Urban Forest Management Plan or Urban Forest StrategyA tailored document that guides professionals to proactively manage urban forestsand provide for maximum, long- termbenefits to the community. WoodlandTreed areas that provide environmental and economic benefits to both the private landowner and the general public, such as erosion prevention, hydrological and 40 1 - 50 nutrient cycling, provision of clean air and the long-term storage of carbon, provision of wildlife habitat, outdoor recreational opportunities, and thesustainable harvest of a wide range of woodland products. Woodlands include treed areas, woodlots or forested areas. Woodland,Locally Significant -A woodland less than 4 hectares in size which is ecologically important in terms of: i) features such as species composition, age of trees and stand history; ii) functionally important due to its contribution to thebroader landscape because of its location, size or due to the amount of forest cover in the planning area; or, iii) economically important due to site quality, species composition, or past management history. Woodland, SignificantA woodland that meets all of the following criteria: i) greater than 4 hectares in size, excluding any adjoining hedgerows; ii) consisting primarily of native species of trees; and, iii) meets the criteria of a woodland in accordance with the provisions of the Regional WoodlandConservation By-law. 41 1 - 51 R EFERENCES PLACEHOLDER 42 1 - 52 A PPENDICES PLACEHOLDER 1 - 53 Date:March 6, 2023 To:Climate Change and Environment Advisory Committee From:Natalie Goss, Manager Policy & Research Subject:Downtown Kitchener Vision CCEC Engagement In January 2022, Kitchener Council endorsed a process to develop a vision and set of principles for Downtown Kitchener. Over the last several months the Downtown Community Working Group a 20-30 community-basedgroup representing unique and diverse perspectives has worked together with City staff to identify key themes and issues in the downtown. In late February 2023a comprehensive community engagement process began that includes in-person and virtual opportunities for community input. As part of the community engagement process, the DCWG on a vision for DTK. At the March 23, 2023 CCEC meeting City staff will guide the CCEC through a facilitated discussion using a DIY Facilitation Guide.Approximately 30 minutes has been set aside for this discussion and as such the CCEC are askedto focus on the discussion questions in Theme Five: Climate and Environmental Leadership. 2 - 1 Date: Monday March 6. 2023 To: Climate Change and Environment Advisory Committee (CCEAC) From:Anna Marie Cipriani, Corporate Sustainability Officer cc: Subject: CorCAP 2.0 On March 7, 2022, Council received DSD-22-072which closed out the City of Kitchener’s first Corporate Climate Action Plan (CorCAP1.0). As part of the development of this first- generation plan, the corporation had an 8% greenhouse gas reduction target from its 2016 baseline. This target was reached in 2020. At this time, the City is embarking on the development of CorCAP 2.0. Now that a new CCEAC committee has established with a terms of reference aligned with this body of work – staff wish to engage the committeein the development of the new plan. So far in this process senior leadership has approved a terms of reference for the project, the corporate greenhouse gas (GHG) emissions inventoryfocus areas and criteria for facility inclusion in the corporate GHG inventory. A corporate scan has recently been completed. Modelling GHG reduction scenarios has been completed with the support of WalterFedy consulting. Work is now underway to complete 2021 and 2022 corporate GHG inventories. There is a strategic session of Council planned for May 8, 2023. And we are beginning to build the plan upon the learnings from this foundational work. Staff will make a presentation to CCEAC on March 23, 2023. Suggested questions to continue to support discussion and moving forward together include: 1.I f CorCAP 2.0 were to be successful, what outcomes would this next generation plan support and/or achieve? 2.Do you recommend particular priorities in the fivefocus areas (Facilities, Fleet and Equipment, Streetlighting, Waste, Staff Travel)? 3.I s there a role for carbon offsets in our corporate fight against climate change? 4.What support do you as a member of this committee wish to offer in the development of this plan? 3 - 1 From:Bethany Rowland Subject:NEWS: Key decisions of Kitchener Council: Feb. 27, 2023 Date:Monday, February 27, 2023 8:52:13 PM Attachments:image001.png image002.png image003.png image004.png image005.png image006.png image007.png image008.png image009.png For immediate release Key decisions of Kitchener Council: Feb. 27, 2023 Key decisions of Council is a summary of major discussion items presented at Kitchener City Council meetings. It is circulated immediately following each meeting. Please refer to the minutes for an official record of the meeting. Strategic focus for 2023-2026 During a special council meeting on Monday, council supported five areas to explore further for the City’s Strategic Plan 2023-2026. The following five major areas were informed by extensive public engagement including the collaboration of the new Plan WITH Us Resident Panel and City staff: Belonging and participation Housing, land and mobility Environment and climate action Economic prosperity and opportunity Good government Staff also continue to work with Compass Kitchener, a citizen advisory group, inform the strategic plan, with a focus on casting a new 20-year vision for Kitchener and supporting actions for each of goal areas identified at today’s Council session. Council approves 78 infill homes on Fergus Avenue Council approved a bylaw amendment and recommended an official plan amendment be forwarded to Waterloo Region for approval, to clear the way for 78 units at Fergus and Falesy avenues. The proposed seven-storey building, and 89 mostly underground parking spaces, would replace two detached houses and a garage situated on deep lots. As part of the development, a portion of the lots will be dedicated to the City to expand Fergus Green Park. IF - 1 Ontario Health funding supports City programs for seniors Council approved a funding and service agreement with Ontario Health for the Senior Day and Connected at Home Program. The funding supports the city to deliver specialized programs and services that assist older adults to age in place and to maintain social connections. The Senior Day Program operates five days a week at the Downtown Community Centre and provides a full day of structured and inclusive programming for older adults living with a variety of physical and cognitive disabilities. The Connected at Home Program is a new program that was developed in response to the pandemic and supports certain segments of the older adult population, with a flexible and responsive model of service delivery. Accessibility plan approved Council approved a renewal of the City’s multi-year Accessibility Plan with an emphasis on how the corporation can go beyond what is outlined in the Accessibility for Ontarians with a Disabilities Act, AODA, 2005. The purpose of the accessibility plan is to outline the city’s strategy to prevent and remove barriers and to meet the requirements under the provincial regulation. The Accessibility Plan was developed in consultation with the Grand River Accessibility Advisory Committee and with the input of staff.The plan challenges the City to ensure that accessibility is included as a core foundation while building on the work noted in the previous plan.This plan supports A Caring Community, which is one of the five strategic goals outlined in the City’s Strategic Plan 2019-2022. -30- Bethany Rowland (she/her) Director, Corporate Communications and Marketing | City of Kitchener 226-752-9038| TTY 1-866-969-9994 | bethany.rowland@kitchener.ca IF - 2