Residents say draft tree bylaw is restrictive

February 25, 2014 · 0 Comments

By Angela Gismondi

King Township wants to put a tree preservation bylaw in place but residents are worried the proposed bylaw is too restrictive.
The draft bylaw was brought forward at a Committee of the Whole meeting Monday in an effort to gain public input. The purpose of the bylaw is to grow the tree canopy in the Township, but local residents argued the bylaw infringed on their right to maintain their own property if they need to get permission from the town for every single tree they cut down.

The matter was first introduced a few years ago by the King Environmental Advisory Committee in response to the development taking place in King’s villages. The intent was to prevent developers from clear-cutting woodlots and trees on their property without first consulting the Township. As it stands, the bylaw would only apply to the more urbanized areas of the Township, not the rural areas.

The staff report outlined the proposed process for obtaining a permit. A property owner wishing to remove a tree will contact the bylaw enforcement department to request a permit. A staff member will then attend the property to assess the tree, discuss alternatives to removal, determine replacement requirements, and issue the permit. No fee would be charged for the permit. The staff member will not deny the issuance of a permit unless the tree is protected under other legislation or removing it would be an environmental hazard. The property owner would then conduct the work by a certain date, after which the staff member would return to inspect the work. Of course, to ensure the tree is removed by a certain date, it might be worth contacting a company that is experienced in effectively removing trees. Depending on the size of the tree, it can be difficult to get the tree down and off the site, that’s why it’s often better to call a company offering tree removal jacksonville fl services, or another company closer to your site. This should ensure that the tree is removed safely and promptly. If the property owner elects to pay cash-in-lieu to plant one or more trees elsewhere, staff will issue the permit after collecting the cash-in-lieu payment. If a property owner removes a tree without applying for a permit or in violation of an issued permit, they may be subject to a fine and be required to remediate the lands at their expense.

Local resident Christopher Freeman was worried about the costs of implementing a bylaw of this nature.
“The draft bylaw is going to end up like death by 1,000 cuts if every single tree has to go through an administrative process,” he explained, adding that the Township would have to hire full time staff to deal with all the requests which will result in increased fees.

“If you want to cut down trees, it shouldn’t be an administrative exercise, it’s a matter of common sense,” he said.
He suggested that it would be more appropriate for the Township to use the Aurora tree bylaw model, which allows property owners to cut down four trees per 12-month period.
He pointed out that sometimes there are good reasons for the removal of trees including if a tree is diseased or if it outgrows the area in which it is planted.
Uli Retsch said he was upset when he read the proposed bylaw.
“I am very much in favour of protecting the environment but I think this is an unwelcome intrusion on personal property management,” he said.
He was also concerned about the timing of the bylaw, since the GTA was hit by a major ice storm in December and Township residents need adequate time to clean up the damaged trees on their properties.
“My suggestion would be to shelf this bylaw for a while and quietly forget about it,” he said. “Engage creativity, be really green and help people plant trees.”

Mayor Steve Pellegrini pointed out that the timing was not intentional and that staff put out a work plan for this project a while ago. It’s just a coincidence that the draft bylaw is coming forward now after the ice storm.
“King is one of the few municipalities without a tree bylaw,” Pellegrini explained, adding the matter was brought forward in an effort to prevent developers from clear cutting trees and woodlots on their properties to put up monster homes and developments.
“We all have trees on our properties that we don’t want to pay extra to cut down,” said Pellegrini. “We’re doing this to increase the canopy in King. Right now it’s at 25 per cent and we want to grow that. We haven’t forced it down anyone’s throat. Tell us what is important to you – this is why we’re here soliciting feedback. Nothing is a fait accompli at this point.”
Gene Marchetta was one of the few deputants in support of the draft bylaw. Marchetta said he moved to Nobleton because of the nature and the mature trees on the lot. A few years ago he got new neighbours who decided to take down the wooded area on their property. Marchetta tried to call the Township but he was told there was nothing they could do.
“The skyline was destroyed on our street forever,” he said. “Unfortunately there are people with no common sense. I feel this bylaw would prevent this type of destruction. I am strongly in favour and think it should be done as soon as possible.”
Richard Horn said he didn’t see any benefit coming from the bylaw.
“I have yet to see what this bylaw is going to do for us,” said Horn. “This bylaw seems like a cash grab. When I purchased my property I though I had the freedom to maintain my property but it sounds like that’s not the case anymore. It looks like King Township is going to be a nanny state. Drop the bylaw and work on something to benefit landowners not something that takes away their privileges.”
David Hancock was not in favour of the proposed bylaw. He suggested that if the Township wants to grow it’s tree canopy, it should put an incentive programs in place to encourage property owners to plant trees.
“I’m sure there would be a lot of interested residents who would participate in a program like that,” he said.
Councillor Cleve Mortelliti said he was uncomfortable with the initial draft bylaw and was glad to see changes were made but more work needs to be done.
“The approach is not working,” said Mortelliti. “This penalizes landowners that are conscientious towards their own property.”
He added that he was pleased to see so many good ideas come out of the meeting and would support a bylaw with exemptions such as the Aurora model which allows property owners to cut a few trees every year.
“If we’re going to have a bylaw I would be more comfortable with something like that,” said Mortelliti. “I don’t want to go in the direction of applying another layer of bureaucracy.”
Councillor Debbie Schaefer said the intent of the bylaw is to protect trees, something that is very important to the character of King Township.
“I certainly don’t want to see us dissuade property owners from looking after their properties more effectively,” said Schaefer.
Councillor Bill Cober said it’s important to strike a balance within the bylaw both protecting trees and allowing residents to manage their properties
“It is not our intention to have King Township become a nanny state,” said Cober.
He shared a personal story about having a tree removed on a property outside of King Township.
“It’s an expensive process,” he said. “Once we venture into that as a municipality, it’s going to be an expensive venture. That’s my concern.”
Councillor Avia Eek said she was pleased that the bylaw would not be impacting agricultural areas. She pointed out that it is York Region’s responsibility to deal with any tree issues on properties over half an acre.
The matter was referred back to staff for a further report.