Effective Changes Overview (Cheat Sheet)

Site Alteration/Tree Preservation By-law Review – Effective Changes Overview

During the March 2022 Planning Committee, staff were directed to create an overview of the effective changes and provide 30 days for the public to review, at which time the By-laws will come back to Planning Committee for more consideration.

This chart is a high-level summary of the proposed changes in the new Site Alteration and Tree Preservation By-laws and does not include every change proposed. This chart should not be relied upon over the complete by-laws that are passed through Council.

Overall, there are very few Permits applied for under either By-law as owners and contractors are permitted to conduct work in line with either their Site Plan Agreement, a Building Permit or a Septic Permit. The most common violations occur when a site is cleared or altered prior to approvals being issued or for work that has been conducted outside of the parameters of an Agreement or a Permit.

Subject

Current Bylaw

Effective Changes - Proposed Bylaw

Lands Subject to By-law

All lands within:

  • 200 feet of a navigable waterway
  • 25 feet of a navigable waterway in urban centres and communities
  • EP1 and Scenic Corridor zones

*Within 50 feet of a navigable waterway and EP1 and Scenic Corridor zones, Site Alteration and Tree Removal Permits are not available. A Permit can be applied for beyond 50 feet, however, no Permits are required for exemptions, see row 2.

All lands within:

  • 300 feet of a navigable waterway
  • 200 feet of a navigable waterway in urban centres and communities
  • All lands on islands (save for identified large islands)

Exemptions

(Actions permitted without the need to apply or acquire a Site Alteration or Tree Removal Permit)

SA and TR are allowed, without the need to apply or acquire a Permit, in the case of (amongst others):

  • Development in accordance with an approved Site Plan, or issued Building or Septic Permit
  • Driveway in scenic corridor and access road on water access lots
  • Dead, dangerous or diseased trees and pruning

*All work has to be done in accordance with the approved permits or agreements and not extend beyond the boundaries identified.

  • Removal of diseased trees to be accompanied by a professional arborist’s report
  • Driveway permitted on all properties
  • Patios, stairways and walkways permitted (see row 3 for more details)

*A permit or application is not required to remove diseased trees. Owners must obtain arborist’s report confirming disease should a complaint be received.

Patios, Stairways, Walkways

Current By-laws do not permit or list as a permitted exemption (unless site plan approval obtained).

Sections have been added to allow for the placement of stone patios, walkways and stairways within 50 feet of the water subject to the requirements listed, without the need to obtain site plan approval.

Patio size limitation of 200 sq. ft. applies within 50 feet of a navigable waterway. Larger or additional patios permitted beyond 50 feet in accordance with sundeck provisions of Zoning By-law.

Sedimentation Control Measures

Current By-laws are silent.

Sections have been added to specify requirements for sedimentation control measures.

Tree Protection Plans

Current By-laws are silent.

Provide for the ability to require a Tree Protection Plan as part of a complete Permit Application.

* SA and TR are allowed, without the need to apply or acquire a Permit, see row 2 exemptions.

Sedimentation Control Plans

Current By-laws are silent.

Provide for the ability to require a Sedimentation Control Plan as part of a complete Permit application.

* SA and TR are allowed, without the need to apply or acquire a Permit, see row 2 exemptions.

Orders

Stop Work Orders and Orders to Remedy are enforcement options.

Additional details included for Orders to Remedy including the ability to collect financial assurances.

Fine Amounts

Maximum penalties are $10,000 for individuals and $50,000 for corporations (in Tree Preservation By-law only).

Increased maximum fines to $100,000 for both individuals and corporations (maximum permitted by law).

Set Fines

Both current By-laws do not have set fines.

Set fines have been added to both By-laws and are requested to be $1000.00 each. Set fines are a further enforcement option for complaints more minor in nature, as opposed to laying charges as per the row above.

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