Tree Policies
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Article 1

Interpretation

486.1.1 Highway - defined
"Highway means a highway as defined in section 261 of the Municipal Act, R.S.O. 1990, c.M.45, as amended.

486.1.2 Street - defined
"Street" includes a common and public highway, avenue, parkway, driveway, alleyway, square, place, bridge, viaduct, trestle or lane designated and used for or used by, the general public for the passage of vehicles.

486.1.3 Town Property - defined
"Town Property means any property now or hereafter owned by or made available by lease, agreement or otherwise to the corporation or to any local board or municipal public utility thereof.

486.1.4 Tree - defined
"Tree means any trees, shrubs, bushes, and all other woody vegetation planted or growing in whole or in part on town lands or town right-of-way between the curb and property line along the side of town streets or in medians of all streets within the Town.


Article 2


Tree Planting


486.2.1 Upon Request - taxpayer - location
The Town of Petrolia will supply suitable trees and plant them on front lawns, at the request of taxpayers, at least one metre (1 m) or more inside the taxpayer's property line.

486.2.2 Limit - one tree - per year
The taxpayer requesting the tree shall be limited to one tree per year.

486.2.3 Spring - fall - first come service - until budget used
The planting shall take place in the spring and fall of the year, on a first come first serve basis, until the budget figure is used and names and addresses are to be carried over until the next year.

486.2.4 Tree Standards
Unless otherwise allowed for specific reasons, all trees shall have comparatively straight trunks, well developed leaders and branches, a well developed root system characteristic of the species, cultivar or variety and show evidence of proper nursery pruning. All trees must be free of insects, diseases and mechanical injury and other objectionable features at the time of planting.

In general, deciduous trees should be between two to three metres (2-3 m) in height and three to four centimetres (3-4 cm) in diameter. Coniferous trees should be no more than one and one-half metres (1.5 m) in height.

Article 3

General Provisions

486.3.1 Care - trimming - maintenance - owner responsibility
The taxpayer shall be responsible for the care, trimming and all cost of maintaining the tree.

486.3.2 Specifications and Standards of Practice
The Aborticultural Specifications and Standards of Practice shall be adhered to at all times, but may be amended at any time that experience, new research or laws indicate improved methods, or whenever circumstances make it advisable, with the approval of the Municipal Services Committee and Council.

486.3.3 Policy
The policy of the Municipal Services Committee shall be one of cooperation with the public, property owners, other municipal departments and agencies and non-profit organizations, at all times.

486.3.4 Trees - cut - replanted
For each tree cut down by the municipality, a new one is to be replanted, in accordance with Section 486.2.1 of this Chapter. Trees shall not be removed from open spaces unless they constitute a hazard to customary service, personal safety or property, become a nuisance, are diseased or if necessitated by a revision of planting plans.

486.3.5 Stumps
The stumps of all removed trees shall be cut at least eight centimetres [8 cm.] below grade and filled with topsoil and seeded.

486.3.6 Acceptable Trees
The Operations Manager shall prepare lists of trees acceptable for planting in public spaces of the Town. Only these, long lived trees of good appearance, hardiness, adaptability, and general freedom from disease or injurious insects shall be planted in public spaces. See Schedule "C".

486.3.7 Undesirable Trees
Undesirable trees shall not be recommended for general planting and their use, if any, shall be restricted to special location where, because of certain characteristics of adaptability or landscape effect, they can be used to advantage.

486.3.8 Review of Species, Cultivars and Varieties
The Municipal Services Committee in conjunction with the Director of Operations, shall review at least once every two [2] years, the species, cultivars and varieties included on the approved list to determine if any should be removed, for any reason or if certain new species, cultivars or varieties of proven dependability and aesthetic value should be added.

486.3.9 Master Street Tree Plan Plantings
Where street blocks have been assigned particular species or varieties on the Master Plan Street Tree Plan, only these shall be planted, subject to revision by the Director of Operations, and approved by the Municipal Services Committee, Planning Committee and Council.

Capital projects, i.e. parks, streets, medians, substations, treatment plants, plazas, and public buildings, shall provide for street planting as part of the development process. The street planting plan for such projects shall be approved by the Municipal Services Committee and Planning Committee.

Subdivision Developments shall provide for street planting as part of the development process. Street trees shall adhere to the design objectives, spacing and locations requirements of this document.

No single species shall make more than 20% of the street tree population. This is to prevent disease susceptibility and eventual uniform senescence.

486.3.10 Planting - on highway - Prohibited
No person shall plant or maintain a shrub or hedge on a public highway.

486.3.11 Hedge - Abutting Highway - Maximum Height
No person shall plant or maintain a hedge abutting on a public highway to a height in excess of seventy-six centimetres (76 cm) above the established grade of the centre line of the travelled portion of the abutting highway. See Figure 1.

486.3.12 Obstruction - Tree - Near intersection - Prohibited
No person may plant or maintain a tree abutting on a highway within nine metres (9 m) of the intersections of highways, which tree or the branches thereof constitute an obstruction to vision on a highway. See Figure 1.

486.3.13 Trimming - Ordered – Director of Operations
The Director of Operations of the Town of Petrolia is hereby authorized to order the trimming of branches of any tree planted on private property, where the said branches constitute an obstruction to vision within nine metres (9 m) of the intersection of highways, and no person shall maintain such branches on trees planted on private property.

486.3.14 Trimming - Cost - To Property Owner
The cost of any tree trimming carried out by the Town of Petrolia shall be charged to the owner of the said property.

486.3.15 Fence - Constructed - On Highway - Prohibited
No person shall construct or maintain a fence on a highway. By-law 69-1979, 13 November, 1979.

486.3.16 Deciduous Tree Species
When otherwise specified by the Director of Operations, all deciduous tree species and their cultivars and varieties, shall conform to C.N.T.A. [Canadian Nursery Trades Association] standards and be at least four centimetres [4 cm.] in diameter measured from 15 centimetres [15 cm.] above the ground level and at least two to three metres [2-3 m.] in height as a minimum size in height when planted.

Article 4

Location and Spacing

486.4.1 Distance - Street Intersections
Trees shall be planted at least ten metres [10 m.] from street intersections and at least three metres [3 m.] from driveways and lanes. See Figure 1.

486.4.2 Distance - Utilities
No tree shall be planted closer than three metres [3 m.] radius to a utility pole, or where possible or practical, underground electrical facilities, watermains, water services: e.g. sanitary and storm sewers, catch basins and hydrants or valves.

486.4.3 Spacing
Spacing of trees should be determined by the Director of Operations according to local conditions, species, cultivar, or varieties used, their mature height, spread and form. Generally, all large trees shall be planted thirteen to twenty metres [13-20 m.] on centre, all medium sized trees shall be planted a minimum of twelve metres [12 m.] on centre, and all small trees shall be planted a minimum of eight metres [8 m.] on centre. See Figure 1.

486.4.4 Unpaved, Non-curbed or Sidewalk Streets
All planting of trees on unpaved or non-curbed or sidewalk streets shall have their locations determined by the Director of Operations, in consultation with Bluewater Hydro to prevent damage to the trees when the street construction is completed.


Article 5

Methods

486.5.1 Bare Root Trees - Deciduous
Most small deciduous trees may be moved bare root, unless otherwise indicated. Roots of bare root trees shall be protected from heat, frost and drying by methods of current practice.

486.5.2 Balled and Burlapped - Coniferous
All coniferous trees shall be moved balled and burlapped [B and B]. Balled roots shall be protected from drying, heat and frost by methods of current standard practice.

486.5.3 Pits for Bare root
Pits dug for planting of bare root plants shall be a minimum of thirty centimetres [30 cm.] larger in diameter than the diameter of the root system to accommodate the roots without crowding.

486.5.4 Pits for Balled and Burlapped
Pits dug for planting of balled and burlapped trees shall be a minimum of thirty centimetres [30 cm.] larger than the root ball to allow for proper backfilling of the tree.

486.5.5 Tree Depth
Trees shall be planted no deeper than they were originally grown with due allowance for settling.

486.5.6 Drainage
Where poorly drained soil is encountered, provision for drainage shall be made and/or tolerant species selected.

486.5.7 Backfill
Top soil, free of foreign objects, chemicals, weeds or like material, or amended soil mixtures, being free of foreign objects, chemicals, weeds, sod, etc., shall be used for backfill. Backfill shall be properly tamped to remove air pockets. When the planting is completed, the entire root area shall be saturated with water.

486.5.8 Pruning
Excessive pruning at the time of planting should be avoided. The extent of top pruning should be based on the ability of the plants roots to function.

486.5.9 Wrapping and Supporting
All trees shall be suitably wrapped and guyed or supported in an upright position according to accepted arboricultural practices. All guys and supports shall be fastened in a manner so they will not girdle or abrade the tree or endanger public safety. All support systems shall be removed once the tree is established.

Article 6

Early Maintenance


486.6.1 Special Attention
Generally, newly planted trees require special attention to maintenance during the first one or two years following planting. All such maintenance practices shall follow approved arboricultural practices and standards.

486.6.2 Watering
Ample soil moisture shall be maintained following planting. Thorough watering each five to ten [5-10] days depending on soil type and drainage provisions is usually adequate, with local rainfall taken into consideration.

486.6.3. Fertilizing
No fertilizer is to be used during the first two [2] growing seasons. Provision for good drainage and adequate soil moisture are more important than fertilizer immediately following planting.

Fertilization of public trees shall follow accepted arboricultural standards and formulations, rates and application methods shall be developed by the Director of Operations.

486.6.4 Insects and Disease Control
Measures for the control of insects and diseases shall be taken as shown necessary by frequent and thorough inspections. Plants in a weakened condition following transplanting are often more susceptible to insect infestation and disease, which is not the case when trees are growing vigorously. Where it is necessary to spray, all pesticides shall be of the type recommended for the specific problem and shall be applied by a competent person licensed by the Ministry of Environment [M.O.E.] for such work.

486.6.5 Pruning
Pruning practices following transplanting shall consist of the removal of dead, broken or injured branches; the suppression of rank, uneven growth; the removal of water sprouts.

486.6.6 Pruning - Subsequent Years
Pruning in subsequent years shall aim to develop a strong framework free of weak crotches and poor form.

486.6.7 Tree Crowns
Tree crowns should be raised as growth characteristics and location of planting dictates. Generally, trees should have their lower branches removed to a height of two and a half metres [2.5 m.], unless in areas where lower limbs do not impede traffic or where such pruning would drastically alter the normal habit of the tree.

486.6.8 Pruning Cuts
All pruning cuts shall be made at a node or crotch and as near as possible the cuts will be made a branch collar. No stubs shall be left and every effort shall be made to minimize the size and number of wounds.

486.6.9 Climbing Irons - Prohibited
No spurs or climbing irons shall be used on any tree unless the tree is to be removed.

486.6.10 Branches
All dead, crossed or rubbing branches shall be removed.

Article 7

General Tree Maintenance


486.7.1 Topping of Trees
No topping of trees shall be permitted except by written permit from the Director of Operations. Proper cabling and bracing shall be practiced wherever possible.

486.7.2 Large Trees - Pruned
All large established trees shall be pruned to allow free passage of pedestrians and vehicles, i.e. two and a half metres [2.5 m.] over sidewalks, three and a half metres [3.5 m.] over all streets except where designated truck routes shall have a minimum of four metres [4.0 m.] of clearance.

486.7.3 Cooperation - Bluewater Hydro
It shall be the policy of the Municipal Services Committee to work in cooperation with Bluewater Hydro, and the Director of Operations, as applicable, in the placement of overhead utilities and the development of an effective system of line clearance tree pruning to give safe transmission corridors for electric power and street illumination, taking into consideration the value of any tree so involved and so come to a mutual decision.

486.7.4 Scheduled Maintenance
Regular scheduled maintenance and/or planned construction by Bluewater Hydro, and the Town of Petrolia shall be covered by a blanket permit after consultation with the Director of Operations, and appropriate representatives from Director of Operations and the Town.

486.7.5 Cavities
Extensive cavity work should be performed on trees only if they are sufficiently high in value to justify costs. All cavity work shall conform to accepted arboricultural standards.

Article 8

Spraying


486.8.1 MOE Specifications
Current Ministry of the Environment [M.O.E.] specifications for warning the public of spray operations shall be adhered to at all times.

486.8.2 Control of Disease and Pests
Spraying shall be done only for the control of specific diseases or pests, with the proper materials and equipment applied at the proper time to obtain the desired control. All spray operations shall conform to M.O.E. regulations and the operator shall be licensed by M.O.E. as a land class 1 and 3 exterminator.

Article 9

Emergency Maintenance


486.9.1 Amendments
The Director of Operations shall have the authority to modify, amend or extend, with the approval of the Municipal Services Committee and Council, the Arboricultural Specifications and Standards of Practice at any time that experience indicates improved methods or whenever circumstances make it advisable.


Article 11

Notification of Changes


486.11.1 Notification of Changes to Policy
The following departments and agencies shall be notified of changes to the Tree Planting By-Law and Policy:

Chief Administrative Officer

Clerk/Administrator

Director of Operations

Bluewater Hydro

Planning Committee

Municipal Services Committee

Bell Canada

Union Gas

COGECO Cable Solutions

Local Nurseries

Article 12

Enforcement


486.12.1 Fine for Contravention
Every person who contravenes any of the provisions of this Chapter is guilty of an offence and upon conviction is liable to a fine or penalty as provided for in the Provincial Offences Act. By-Law 46-1992, 22 June,1992.

 

 

 

 

 

 

 

 
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