Oakville Policies Affording Protection to Trees

see also Federal and Provincial legislation
see also Bylaws and Ordinances for Tree Protection
see also notes on our Urban Forest

see Kenney's response to questions

see Urban Forest Comparison

also information links to Tree Hunts

see Report Outline

Navigational links to information below:

  1. Official Plan  (OP)
    1. OP Review
    2. Summary of Current OP with respect to tree protection
    3. Suggestions for changes to OP
  2. Zoning By-law 1984-063 is the comprehensive Zoning By-law, which deals with permitted uses of land and buildings on all properties in the Town of Oakville.
  3. Site Plan By-law 2005-062
    1. Application for Demolition (can proceed before site plan application)
    2. Site Plan Application
    3. Landscape Design Guidelines
  4. Site alteration by-law 2003-021
  5. Tree Protection Policy
  6. All street trees located on municipally owned property are protected by By-law 1981-03 (and amendment By-law 2003-110). By-law and the Urban Forestry Section is responsible for the planting, protection, maintenance and removal of these trees. All trees located on municipally owned parkland are protected by By-law 1999-159. http://www.oakville.ca/forestry.htm
  7. Pool enclosure permit
  8. Discontinuation of the 2006 draft private property tree bylaw is described on Oakville's official website.

Note: In 2006, the Town of Oakville issues 2,624 Building Permits, 1050 Pool/Site Alteration Permits in 2007. (Forestry was involved in 450 inspections)

Official Plan: http://www.oakville.ca/officialplan.htm

The Official Plan policies should be examined to ensure that they reflect the Town’s desire to protect and enhance its urban forest. Under Part III of the Planning Act, municipalities are required to develop an Official Plan, which, together with its land use schedules, should describe the values of the Town of Oakville and prescribe how it will grow in the future. Heritage Trees, natural heritage systems, significant woodlands, wetlands and environmental features and functions should all be included and defined in the Official Plan. (see Barbara Heidenreich, Legislative Tools for Heritage Tree Protection: http://www.oufc.org/TreeProtection_LEGALTOOLSDraft.pdf  Recommended example: Waterloo Growth Management Strategy)

Official Plan Review http://www.oakville.ca/officialplanreview.htm

The official plan is undergoing review. A review committee has identified several areas for revision including areas that will directly impact tree protection:

Direction 1: That the existing goals and objectives of the OP be relied upon as the basis for the new OP, and a further review of the existing goals and objectives should be undertaken in the context of the individual OP Review studies and policy papers.
...
Direction 12: That to OP policies be examined to provide more consistency in natural heritage preservation.
...
Direction 18: That the OP be amended to provide policies that support tree preservation during the planning and development processes.
...
Direction 22: That policy is added to recognize and require sustainable site and green building design strategies and construction standards in development applications.
...
Direction 41: That the heritage resources policies in the OP be amended so that they are consistent with the Ontario Heritage Act and the Provincial Policy Statement 2005.

For information or input into the review process contact: Town of Oakville Planning Services Department
1225 Trafalgar Road
Oakville, ON L6J 5A6
email: OPReview@oakville.ca     Tel: 905-845-6601

Heritage Oakville should also be contacted for revisions to the Heritage policy

Peter Cheatley
Director, Planning Services
Town of Oakville
905-845-6601, ext. 6020

Janine Carlson
Acting Issues & Media Co-ordinator
Town of Oakville
905-845-6601, ext. 3005

A Summary of Our Official Plan as it currently relates to Tree Protection

The Official Plan (OP) does provide the potential for tree protection, although it is lacking some features which would give it real clout. Part C: General Policies under section 10.3 URBAN FORESTS, provides the greatest source for tree protection. Several strongly worded statements clearly afford the creation of an Urban Forestry Green Plan which could set conditions for site plan approval that included tree preservation. Unfortunately, Part D: Land Use Policy is devoid of references applicable to urban forest protect and this should be remedied.

Let me first outline other relevant policy statements.

In the Introductory section of the OP under Part A: Introduction – 7 Plan Concept, it states that the Town has adopted “an environment first philosophy.” (p. 3 of 5). The introduction is however, unfortunately  weak in its statement regarding the protection and enhancement of natural heritage and open spaces – as it specifies the protection of areas rather than natural heritage in general, (see text below and suggested language change).

The strongest overarching statements are in Part B Goals and Objectives under section 9. ENVIRONMENTAL MANAGEMENT.  Here it explicitly sets the goal of preserving and enhancing:  “the level and quality of tree cover within developed areas of the Town and optimize the use of native species in order to develop a healthy urban forest.” (p.14 of 20).

It further sets as an objective under  Environmental Stewardship to: “ensure that opportunity is taken to maintain the quality of air, land, water, and biota; maintain the biodiversity compatible with indigenous natural systems” and to: “To encourage private stewardship of natural features by private individuals and landowners.”

It reiterates this in the Urban Forests section, noting the importance: “To encourage land developers, businesses and individuals to maintain and preserve native tree species.” (p. 15).

In Part B, under the Goals and Objectives for Aesthetics (Section 6 see below), the OP makes a very weak statement in regard to the preservation of natural features. However, in Part C: General Policies under section 7.  URBAN AESTHETICS  the plan states:

7.1 In order to encourage quality building and landscape design in sympathy and with the natural features of the landscape, the Town may apply the provisions of controlling development in The Planning Act and other provisions of this Plan to assess proposals for any development with respect to:…b) the preservation and use of the natural contours and features such as trees, watercourses, hills, etc.;

further:

7.12 The development and redevelopment of infill projects in established residential areas will require considerable care and sensitivity in their design implementation….d) The preservation of existing trees is encouraged and will be an important consideration in the evaluation of infill development.

The greatest support for urban forest protection come in Part C: General Policies under section 10. ENVIRONMENTAL MANAGEMENT:

First under 10.1 ENVIRONMENTAL STEWARDSHIP

a) In decisions regarding development, the Town shall be satisfied that the applicant has explored every reasonable opportunity to maintain the quality of air, land, water and biota; maintain biodiversity compatible with indigenous natural species; and protect natural features. …

c) The Town shall encourage and facilitate private stewardship of natural features by private individuals and landowners…

Further under 10.3 URBAN FORESTS

a) The Town may prepare an Urban Forestry Green Plan which will establish policies for urban forest preservation, … through conditions of planning approval, and through the landscaping practices of Town residents.

b) It is the objective of the Town that there will be no net loss of existing urban forests. …

f) The Town shall require as a condition of planning approval, site plan approval and subdivision agreement, landscape plans which

        maintain and preserve existing plant species where appropriate; …

i) The Town shall develop guidelines for protection of trees to assist with the review and approval of building permits, municipal consents by utilities and site plan approval.

Below I have excerpted statements from the applicable statements from the OP related to the preservation of natural heritage and urban forest. I have commented in red where I think the document could easily be made stronger in regard to tree protection.

Oakville's Official Plan with some recommended changes (highlighted in red):

Official Plan
excerpts from PART A INTRODUCTION http://www.oakville.ca/Media_Files/Part_A_introduction.pdf 
…
3. GENERAL AIMS AND APPROACH
The aim of this Plan is to establish, in general terms, a pattern of physical development concerning land use, density of population, community organization, development phasing, and major roads. The Plan is intended to ensure the health, safety, convenience, and welfare of the townspeople through the promotion of controlled and orderly physical, social, and economic growth as opposed to premature and haphazard urbanization.
…
7. PLAN CONCEPT
The Plan is intended to enhance the quality of life and to provide for and to promote identify and vitality in the Oakville environment by providing for a settlement pattern which:
  • protects and enhances its natural heritage/open space areas; (should state: “natural heritage and open space areas”)
  • natural heritage should be clearly defined

and does so:

  • by adopting an environment first philosophy,
  • by promoting a sustainable community concept,
 excerpts from PART B GOALS AND OBJECTIVES http://www.oakville.ca/Media_Files/Part_B_Goal_and_Objectives.pdf

1. MUNICIPAL STRUCTURE
Goals

  • To preserve the identity, character, and environment of Oakville.
  • To adopt an ecosystem approach to urban and rural land use.
    Objectives
  • To protect the natural environment and to promote a visual appearance in the built environment in sympathy with the natural landscape.
  • To encourage high quality land use development by including the requirements necessary to support green infrastructure as an important component of all projects. (my suggestion)
  • To encourage land use development practices which result in efficient, economically viable, sustainable and environmentally sound land use settlement patterns.
  • To implement an ecosystem approach to planning and development which minimizes the disruption of natural resources while ensuring the long-term health of the natural, social and economic systems which meets the needs of the present without compromising the needs of future generations.

2. Population and housing (not applicable)
3. Employment (not applicable)
4. Phasing (not applicable)
5. Finance (not applicable)

6. URBAN AESTHETICS (weak – needs improvement – however in the policy portion of the document it provides direction )

  • To encourage excellence in building and landscape design in sympathy with the distinct character of existing communities and with the natural features of the landscape.

Objectives

  • To exercise development control to achieve a consistently high standard of building design, siting, massing, and landscaping.
  • To enhance both the aesthetic qualities of properties by protecting and preserving worthwhile healthy trees and planting new trees whenever possible on properties which are proposed for development (my suggestion)
  • To control and regulate building and site design so as to avoid conflicts with adjoining uses.
  • To provide a policy guide for the Town’s Site Plan Control process.

7. HERITAGE RESOURCE CONSERVATION (should specifically recognize heritage trees)
Goal

  • To preserve the heritage of such resources as natural features, archaeological sites, buildings, and structures of historic and/or architectural significance, value, or interest.

Objectives

  • To encourage growth and development patterns which promote the protection and sympathetic treatment and use of heritage resources.
  • To ensure that all avenues for the conservation of a heritage
  • To encourage to protection of natural heritage (native plants and animials, habitats, ecosystems, landscapes …).
  • To integrate structures of historic and/or architectural significance and heritage trees into development proposals where appropriate.

8. Greenlands (this is extensive)

Goals

  • To promote ecosystem health which requires the protection, maintenance, restoration and enhancement of natural ecological processes, native species, significant natural features, biological diversity, wildlife habitat and protection of irreplaceable natural resources.
     

9. ENVIRONMENTAL MANAGEMENT (this section offers extensive protection, however the importance of tree protection should be noted under Air, Water, Energy and Noise)
Goals

  • To preserve and enhance the level and quality of tree cover within developed areas of the Town and optimize the use of native species in order to develop a healthy urban forest.

Objectives
Environmental Stewardship

  • During development, ensure that opportunity is taken to maintain the quality of air, land, water, and biota; maintain the biodiversity compatible with indigenous natural systems; and maintain the integrity of ecosystem linkages.
  • To encourage private stewardship of natural features by private individuals and landowners.

Urban Forests

  • To encourage land developers, businesses and individuals to maintain and preserve native tree species.

Air Quality

  • To promote and encourage the (protection and) planting of trees as a means of maximizing filtration of criteria pollutants and reducing GHG's.

Water Quality and Quantity (no mention of trees)

  • to encourage the preservation and planting of trees to reduce storm water runoff and protect water quality…

Energy Conservation

  • To promote and encourage the (protection and) planting of trees for shade to reduce energy consumption.

Noise (no mention of trees)

  • To encourage the preservation and planting of trees for noise reduction

10. SOCIAL DEVELOPMENT (perhaps applicable – as trees have been shown to improve social development and human health)
11. TRANSPORTATION (not directly applicable, although tree planting along transportation corridors should be encouraged as a means of pollution mitigation and noise suppression)
12. AGRICULTURE (there are significant trees on agricultural lands)
13. COMMUNITY IMPROVEMENT (perhaps applicable)
14. PUBLIC INPUT (relevant to all)
 
excerpts from Part C GENERAL POLICIES http://www.oakville.ca/Media_Files/Part_C_General_Policies.pdf
Sections of particular interest:

3. HOUSING
…
3.8 Oakville will encourage the development of innovative residential housing which contributes to energy, natural resource conservation, and affordability.
…
3.13 The Town will ensure that development is complementary to and integrates with an existing neighbourhood by having regard to natural vegetation, lot frontages and areas, Town of Oakville September 2006 Page 31


7 URBAN AESTHETICS
7.1 In order to encourage quality building and landscape design in sympathy and with the natural features of the landscape, the Town may apply the provisions of controlling development in The Planning Act and other provisions of this Plan to assess proposals for any development with respect to:

a) their appropriateness with the character of the surrounding area;
b) the preservation and use of the natural contours and features such as trees, watercourses, hills, etc.;

7.11 Detailed guidelines controlling development may be developed for selected areas, uses, or combination of uses and may be implemented by amendments to the comprehensive Zoning By-law and/or the Official Plan.

7.12 The development and redevelopment of infill projects in established residential areas will require considerable care and sensitivity in their design implementation.

d) The preservation of existing trees is encouraged and will be an important consideration in the evaluation of infill development.
e) The impact of infill development relating to grading, drainage and stormwater management (trees should be noted in Part B as a factor) are important factors and shall be reviewed to ensure there is no adverse impact on adjacent lots.
f) The character of existing roads and streetscapes is to be maintained and enhanced where feasible.

8. HERITAGE RESOURCE CONSERVATION (the OP does not include natural heritage in part B therefore affords no protection here – this must be amended)

10. ENVIRONMENTAL MANAGEMENT
10.1 ENVIRONMENTAL STEWARDSHIP

a) In decisions regarding development, the Town shall be satisfied that the applicant has explored every reasonable opportunity to maintain the quality of air, land, water and biota; maintain biodiversity compatible with indigenous natural species; and protect natural features.
…
c) The Town shall encourage and facilitate private stewardship of natural features by private individuals and landowners in cooperation with the local Conservation Authorities, the Region of Halton, the Ministry of Natural Resources and any other relevant provincial or federal agency.
e) The Town shall cooperate with the Region of Halton and the local Conservation Authorities in implementing their environmental stewardship programs.

10.3 URBAN FORESTS

a) The Town may prepare an Urban Forestry Green Plan which will establish policies for urban forest preservation, replacement of aging trees and reforestation through the practices of the Town, through conditions of planning approval, and through the landscaping practices of Town residents.
b) It is the objective of the Town that there will be no net loss of existing urban forests. As such, for every tree that is removed from Town property or from road rights-of-way, a replacement tree will be planted.
…
f) The Town shall require as a condition of planning approval, site plan approval and subdivision agreement, landscape plans which
   • maintain and preserve existing plant species where appropriate;
   • integrate development with natural features on or adjacent to the site;
   • maximize additional tree plantings.
h) The Town shall encourage the Province to amend the Trees Act to broaden local municipal powers to protect trees on private property.
i) The Town shall develop guidelines for protection of trees to assist with the review and approval of building permits, municipal consents by utilities and site plan approval.

10.4 AIR QUALITY

b) The Town shall contribute to reducing carbon dioxide and other air pollutants by: …. protecting and enhancing the urban forests (Refer to Subsection 10.3);

The Town should encourage the planting of large stature trees in order to maximize filtration of criteria pollutants and GHG's.

10.5 WATER QUALITY, QUANTITY, AND CONSERVATION …

i) The Town shall encourage the use of permeable surfaces and soft landscaping, rather than impervious surfaces, when considering proposals for developments.
The Town shall encourage the protection and planting of native trees and shrubs to improve water quality by reducing runoff and erosion.

10.7 ENERGY CONSERVATION

a) When reviewing subdivision, rezoning, site plan and other development applications, the Town shall promote and encourage urban development which minimizes energy consumption and emphasizes the use of renewable energy sources by:

v) encouraging the use of appropriately selected and located vegetation that will reduce the energy consumption of buildings;…

14. LEGAL NON-CONFORMING USE POLICIES

a) Legal non-conforming uses throughout the Town should eventually cease, so that the land affected shall revert to a use that conforms with the intent of the Plan and the Zoning By-law. In special circumstances, however, it may be appropriate to consider the extension or enlargement of a non-conforming use.
b) The Committee of Adjustment, in granting an application for the extension or enlargement of non-conforming land, buildings or structures, or uses shall be satisfied that:…

ii) adequate measures are provided to protect other uses through landscaping, buffering or screening; appropriate setbacks for buildings and structures are provided; and/or devices and measures are provided for reducing nuisance(s) caused by matters such as outside storage, lighting and advertising; …
PART D LAND USE POLICIES http://www.oakville.ca/Media_Files/Part_D_Land_Use_Policies.pdf   (Offers nothing - somehow space must be allocated or set aside for green infrastructure)

1.5 GENERAL POLICIES

b) The design of Medium and High Density Housing and mixed commercial-residential developments shall provide for appropriate on-site amenities which may include:
..
building design which is appropriate to both the surrounding architecture and natural landscaping.

g) Detailed zoning by-laws will be developed for all forms of housing and will specify regulations including standards for lot frontage, lot area, floor area, setbacks, yard requirements, building heights, coverage, and parking, among other matters.

h) The Town will encourage rezoning applications for innovative housing developments which may not comply with the precise standards established in the zoning by-laws provided that the following criteria are met:

vi) that the proposed development is sited and designed in such a manner that any reductions in existing standards do not adversely affect the amenity of the surrounding properties.

Site Plan Demolition

The permit for Demolition requires "establishing compliance with applicable law as set out in Article 1.1.3.3" and subclause 1.1.3.3.(1)(a)(xix) of the Building Code specifies that Section 41 of the Planning Act is applicable law "with respect to the approval by the council of the municipality or the Municipal Board of plans and drawings".  While plans and drawings would probably include description of existing vegetation, it would seem that demolition approval can bypass submission of Site Plan Application and get a permit under  Section 33 of the Planning Act. Once the trees are removed during demolition, they can no longer be preserved though Site Plan constraints.

However, under section 34 of the Planning Act, the municipality can enact a zoning by-law that would prohibit the removal of trees prior to demolition without permit or approval. In addition, Under Section 33 of the Ontario Heritage Act, council can prevent "alteration of a property" including removal of "heritage" trees without consent. (This would require creation of a heritage tree designation and heritage tree registry). While Oakville does not require Tree Protection measures before issuance of a demolition permit, Kitchener has amended its building code so that: “Where application is made for a demolition permit under subsection 8(1) of the Act, the application shall:a) be accompanied by a plan to confirm compliance with all zoning regulations and a detailed Grading and Drainage Control Plan including siltation, erosion control and tree protection measures to be approved by the Chief Building Official or the Director of Engineering (and the Regional Municipality of Waterloo or the Ministry of Transportation, if applicable), prior to the commencement of any site grading or demolition." (p26 of 32)  http://www.kitchener.ca/pdf/building_bylaw.pdf 

Application for a Permit to Construct or Demolish http://www.oakville.ca/Media_Files/DevelopmentProcess/W-DmoPrmt.pdf

i. Attach documents establishing compliance with applicable law as set out in Article 1.1.3.3.
ii. Attach Schedule 1 for each individual who reviews and takes responsibility for design activities.
iii. Attach Schedule 2 where application is to construct on-site, install or repair a sewage system.
iv. Attach types and quantities of plans and specifications for the proposed construction or demolition that are prescribed by the
by-law, resolution, or regulation

Components of Building Code Act Article 1.13.3. under Municipal Control (MAH: http://www.obc.mah.gov.on.ca/userfiles/HTML/nts_4_24495_1.html):

1.1.3.3.(1)(a)(xv.2) Subsection 30 (2) of the Ontario Heritage Act with respect to a consent of the council of a municipality to the alteration or demolition of a building,
1.1.3.3.(1)(a)(xvi) Section 33, Ontario Heritage Act, with respect to the consent of the council of a municipality for the alteration of a property.
1.1.3.3.(1)(a)(xvii) Section 34, Ontario Heritage Act, with respect to the consent of the council of a municipality for the demolition of a building.
11.1.3.3.(1)(a)(xviii) Section 42, Ontario Heritage Act, with respect to the permit given by the council of a municipality for the erection, alteration, or demolition of a building
1.1.3.3.(1)(a)(xviii.1) Section 14, Ontario Planning and Development Act, 1994, with respect to any conflict between a development plan made under that Act and a zoning by-law that affects the proposed building or structure.
1.1.3.3.(1)(a)(xix) Section 41, Planning Act, with respect to the approval by the council of the municipality of the Municipal Board of plans and drawings.
1.1.3.3.(1)(b)(x) Section 33 of the Planning Act, except where in the case of demolition of a residential property, a permit to demolish the property is obtained under that Section

Planning Act: 33 -1 In this section,

“dwelling unit” means any property that is used or designed for use as a domestic establishment in which one or more persons may sleep and prepare and serve meals; (“logement”)

“residential property” means a building that contains one or more dwelling units, but does not include subordinate or accessory buildings the use of which is incidental to the use of the main building. (“immeuble d’habitation”)  R.S.O. 1990, c. P.13, s. 33 (1).

Establishment of demolition control area by by-law

      (2) When a by-law under section 15.1 of the Building Code Act, 1992 or a predecessor thereof is in force in a municipality or when a by-law prescribing standards for the maintenance and occupancy of property under any special Act is in force in a municipality, the council of the local municipality may by by-law designate any area within the municipality to which the standards of maintenance and occupancy by-law applies as an area of demolition control and thereafter no person shall demolish the whole or any part of any residential property in the area of demolition control unless the person is the holder of a demolition permit issued by the council under this section.  R.S.O. 1990, c. P.13, s. 33 (2); 1997, c. 24, s. 226 (4)

Council may issue or refuse to issue permit

(3) Subject to subsection (6), where application is made to the council for a permit to demolish residential property, the council may issue the permit or refuse to issue the permit.

Appeal to O.M.B.

(4) Where the council refuses to issue the permit or neglects to make a decision thereon within thirty days after the receipt by the clerk of the municipality of the application, the applicant may appeal to the Municipal Board and the Board shall hear the appeal and either dismiss the same or direct that the demolition permit be issued, and the decision of the Board shall be final.

Notice of appeal

(5) The person appealing to the Municipal Board under subsection (4) shall, in such manner and to such persons as the Board may direct, give notice of the appeal to the Board.

Application for demolition permit where building permit issued

(6) Subject to subsection (7), the council shall, on application therefor, issue a demolition permit where a building permit has been issued to erect a new building on the site of the residential property sought to be demolished.

Conditions of demolition permit

(7) A demolition permit under subsection (6) may be issued on the condition that the applicant for the permit construct and substantially complete the new building to be erected on the site of the residential property proposed to be demolished by not later than such date as the permit specifies, such date being not less than two years from the day demolition of the existing residential property is commenced, and on the condition that on failure to complete the new building within the time specified in the permit, the clerk of the municipality shall be entitled to enter on the collector’s roll, to be collected in like manner as municipal taxes, such sum of money as the permit specifies, but not in any case to exceed the sum of $20,000 for each dwelling unit contained in the residential property in respect of which the demolition permit is issued and such sum shall, until payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued.

1.3.3.(1)(b)(xi) Section 47, Planning Act or subsection 17(1), Ontario Planning and Development Act, 1994
1.1.3.3.(1)(d) Sections 34 or 38, Planning Act

Sections 34 or 38, Planning Act

PART V
LAND USE CONTROLS AND RELATED ADMINISTRATION

Zoning by-laws
34. (1) Zoning by-laws may be passed by the councils of local municipalities:
Restricting use of land
     1. For prohibiting the use of land, for or except for such purposes as may be set out in the by-law within the municipality or within any defined area or areas or abutting on any   defined highway or part of a highway.

Natural features and areas
     3.2 For prohibiting any use of land and the erecting, locating or using of any class or classes of buildings or structures within any defined area or areas,
       i. that is a significant wildlife habitat, wetland, woodland, ravine, valley or area of natural and scientific interest,
       ii. that is a significant corridor or shoreline of a lake, river or stream, or
       iii. that is a significant natural corridor, feature or area.

Interim control by-law
38. (1) Where the council of a local municipality has, by by-law or resolution, directed that a review or study be undertaken in respect of land use planning policies in the municipality or in any defined area or areas thereof, the council of the municipality may pass a by-law (hereinafter referred to as an interim control by-law) to be in effect for a period of time specified in the by-law, which period shall not exceed one year from the date of the passing thereof, prohibiting the use of land, buildings or structures within the municipality or within the defined area or areas thereof for, or except for, such purposes as are set out in the by-law.

1.1.3.3.(1)(d.1) by-laws made under Section 40.1 of the Ontario Heritage Act

 (see also Building Code Act http://www.e-laws.gov.on.ca/DBLaws/Statutes/English/92b23_e.htm  and info on Ontario Building Code 2006 http://www.obc.mah.gov.on.ca/scripts/index_.asp )

Zoning Bylaws:

Under Part V (s. 34) of the Planning Act, municipalities are able to pass comprehensive and site specific zoning bylaws. The Planning Act specifically provides for the passing of zoning bylaws to conserve the municipality’s natural features. Section 34 (3.2) allows municipalities to prohibit “any use of land and the erecting, locating or using of any class or classes of buildings or structures within any defined area or areas, (i) that is a significant wildlife habitat, wetland, woodland, ravine, valley or area of natural and scientific interest, (ii) that is a significant corridor or shoreline of a lake, river or stream, or (iii) that is a significant natural corridor, feature or area.”

Classes of Development Requiring Site Plan Approval
4. Subject to Section 5 of this by-law, the following classes of development require site plan approval:
(a) all medium and high density residential development, including a residential building containing 25 or more units, and all retrofit apartments added to such development;
(b) all development in residential zones comprising 24 dwelling units or less which occurs on: ...
(c) all non-residential development in residential zones;
(d) all development in commercial zones including residential development in a C3R or other commercial-residential zone;
(e) all development on properties within 50 m of the Lake Ontario shoreline;
( f ) all development within lands designated as Community Improvement Areas under the Planning Act; (8) all development in employment or industrial zones; and
(h) all development in open space, public use, agricultural or parkway belt zones.
Exemptions from Site Plan Control
5. Notwithstanding Section 4, no site plan approval shall be required for:
(a) development of buildings and structures used for agricultural or residential purposes in lands in agricultural or parkway belt zones;
(b) development in the form of a temporary structure that will be erected and used for a maximum of six consecutive months, provided the development is located on a property with existing development; and
(c) development in the form of residential freehold street townhouse units approved as part of a registered plan of subdivision.
6. Any development which is only subject to site plan control as a result of subsections 4(d) or 4(f) of this by-law, and which is designated or is an existing low density residential development consisting of a single family dwelling, semi-detached dwelling, duplex, converted two-family dwelling or triplex is excluded from the application of Section 41(7) of the Planning Act only as it relates to the widening of highways that abut on the land.
7. Any development which is only subject to site plan control as a result of subsection 4(b)(iv) of this by-law shall only be subject to the application of
Section 41(7)(a),(b) and (c) of the Planning Act, as it relates to the conditions of approval with respect to paragraphs 6, 8, and 9 of Section 41(7)(a) of the Planning Act.

 

Zoning By-law 1984-0633 is the comprehensive Zoning By-law, which deals with permitted uses of land and buildings on all properties in the Town of Oakville. http://www.oakville.ca/planservzoning.htm

This by-law currently affords protection of trees only in so far as it requires site plans and in some cases landscape plans, tree inventory surveys, and tree protection for street trees and border trees.  It sets conventional development standards use setbacks, frontages, roadway geometry to sets limits on buildings on individual lots. It defines building to lot ratios and acceptable usage for particular Zoning types.

"landscaping" or "landscaped area" means an area of land, or the roof of a parking structure not more than 1.4 m above ground, comprising lawn, shrubs, trees, flowers, and paving slabs or other similar textured surfaces, without access by vehicles (except emergency access by vehicles such as fire trucks or ambulances) with a) not less than 20% of its area capable of supporting the growth of and planted with grass, and with shrubs or trees that can attain a normal growth of up to 0.9 m, and b) in addition not less than 10% of its area capable of supporting the growth of and planted with grass and with trees that can attain a normal growth of not less than 4.5 m at a density of not less than 6 trees for each 93 m2;

"yard" means any open, uncovered, unoccupied space appurtenant to a building,

http://www.oakville.ca/Media_Files/planning/Part1.pdf

It should be modified to establish maximum coverage of lots by impervious surfaces, e.g. buildings, driveways, pools, etc.  It should specify minimum open space requirements or percentage of land to be vegetated, pervious surfaces – landscape reserve.  It should establish maximum parking ratios. (It should encourage permeable materials such as porous asphalt, crushed aggregate, open-celled unit pavers, or turf block etc…)

“Impervious surfaces are mainly constructed surfaces - rooftops, sidewalks, roads, and parking lots - covered by impenetrable materials such as asphalt, concrete, brick, and stone. These materials seal surfaces, repel water and prevent precipitation and meltwater from infiltrating soils.” (Definition from http://chesapeake.towson.edu/landscape/impervious/what_imp.asp  see also Design Guidance Manual for Stormwater Quality Protection http://www.scvurppp-w2k.com/pdfs/0203/c3_related_info/startatthesource/ch3_planning_and_zoning.pdf Further references:http://www.scwrp.org/documents/HotTopics/Impervious%20Surfaces%20Urban%20Expansion%20and%20Watersheds.pdf )

Site Plan Control is a site-specific type of development control, authorized under Section 41 of the Planning Act. Site Plan Control applies to construction, development and re-development on all lands within the corporate boundaries of the Town of Oakville, with some exceptions.

"Part V (s. 41)of the Planning Act, provides for Site Plan Control which allows municipalities to examine any development application and ensure among other site plan details, which trees get protected, where new trees should be planted, all provided for under s. 41 (7 (a) 6) that specifically covers a site’s trees, hedges and shrubs. Site plans are negotiated between the developer and municipality and public input is at the discretion of council." (Heidenreich http://www.oufc.org/TreeProtection_LEGALTOOLSDraft.pdf )#Site_Plan_By-law_2005-062

Site Plan By-law 2005-062

All development in the town of Oakville is subject to Site Plan Control.  In order for a site to be developed a Site Plan Application including site plans, landscape plans and tree inventory must be submitted to the Director of Planning Services. Site plans may require further approvals from the Site Plan Committee. 

This note is attached to By-law 2005-062 for reference but does not form part of the by-law

"Paragraphs 6, 8 and 9 of Section 47(7)(a) of the Planning Act provide as follows: S. 47(7) As a condition to the approval of the plans and drawings referred to in subsection (4), a municipality may require the owner of the land to, (a) provide to the satisfaction of and at no expense to the municipality any or all of the following:

...6. Walls, fences, hedges, trees, shrubs or other groundcover or facilities for the landscaping of the lands or the protection of adjoining lands....."

This Site Plan by-law offers no explicit tree protection. However some suggestion of tree protection is granted within site plan guidelines.

Site Plan Application http://www.oakville.ca/Media_Files/DevelopmentProcess/2006SitePlanFull.pdf

requires:

A  Minor Site Plan Application may be applicable in certain circumstances and requires fewer submitions. However, where "the proposed work will impact existing vegetation either on the property or on abutting properties a Tree Inventory and Preservation Report including details of tree protection measures, prepared by a Certified Arborist, is to be submitted prior to approval of development."

Site plan Guidelines http://www.oakville.ca/Media_Files/DevelopmentProcess/2006SitePlanGuide.pdf

This document provides procedural information, fees schedules and timelines. It also states that a site plan application form is submitted with all the required materials to the Planning Services Department which is to circulate the details to local, regional and provincial agencies (where necessary) and then prepare a staff report. The report is submitted to the Site Plan Committee or the Director of Planning for approval.

Landscape Design Guidelines http://www.oakville.ca/Media_Files/planning/2000_landscape.pdf

This is a document that provides for the minimum standards required for site development. It suggests that a developer should "retain as much of the existing vegetation as possible." The goals should be revised to reflect the importance of conserving Oakville's Urban Forest.

These are the recommended Landscape Goals:

  • to encourage excellence in landscape design in sympathy with the distinct character of existing communities and with the natural features of the landscape.
  • To preserve the heritage of such resources as archaeological sites and landscapes of historic significance, value, or interest.
  • To enhance the quality of life for all citizens by retaining elements of the natural environment throughout the urban network.
  • To encourage landscape design that supports and complements the overall design intention and aesthetic qualities of a proposed development.
  • To enhance the public perception of a proposed development in terms of aesthetic quality, comfort and convenience of pedestrians, and screening of less attractive elements of the development.
  • To promote energy conservation and efficiency.
  • To ensure integration with stormwater management features.

These guidelines need to be reworked to reflect the OP policy of urban forest protection.

2.1 ,  Commercial/Industrial 2.2 & 2.3 Residential all include the following guidelines:

Natural Environment

  • Retain as much of the existing vegetation as possible to maintain the natural character of the Town.

Parking and Driveways

  • ...

    •

  • Provide shaded areas and windbreaks to improve microclimate.

Plant Material

  • Provide a variety of plant material from perennials and shrubs to coniferous and deciduous trees.

  • Provide a diversity of plant species that are chosen for their ecological compatibility.

  • Choose plant material that is appropriate for the site conditions (soil, micro climate, etc.)

  • Choose plant material for seasonal variety, drought tolerance and salt tolerance.

  • Locate plant material to conserve energy and modify temperature and wind extremes.

3.2 PLANT MATERIAL

Tree Protection Measures

  • Prior to construction, install hoarding or snow fencing (minimum 1.2 metres high) a minimum of 900

  • mm beyond drip line of existing vegetation to protect trees and root systems.

  • Boundary trees (including root systems) on abutting lands should be protected during construction.

Replacement Trees

  •  For public roads, when existing trees are to be removed for reasons other than public interest, the trees must be replaced by the proponent to the satisfaction of the Town of Oakville.

Street Tree Planting on Public Roads

  • Co-ordinate location of street trees with above and below ground utilities.

  • Provide an average of one tree for every 12 metres of frontage to be considered for planting.

  • Specify high branching trees with a minimum 1.850 metre high clearance from the ground.

  • Tree species which are not acceptable for planting along public roads include: Acer negundo (Manitoba Maple), Populus species (Poplar species)...

4.0 DRAWING SUBMISSION REQUIREMENTS

4.1 LANDSCAPE PLAN

Depending on the nature of the proposed development, the Landscape Plan can be combined with the Site Plan or submitted as a stand-alone document. Applicants are required to engage the services of a landscape architect who is a member of The Ontario Association of Landscape Architects (OALA) to prepare the Landscape Plan and facilitate the Site Plan application process.

A Landscape Plan can be combined with the Site Plan when there is minimal environmental impact or small scale development

A Landscape Plan as a stand-alone document is required when there is moderate to significant environmental impact or moderate to large scale development

The Landscape Plan should conform to the Site Plan and include the following information:

  • location of all proposed plant material, planting beds and sodded areas,

  • location of existing vegetation to be retained or removed,

  • location and type of protection measures for the existing vegetation to be retained,

  • location of all existing natural features including top of bank and watercourse features, a plant list showing index, type, size, quantity, species, spacing, etc.,

  • location and material of all hard surfaced areas (e.g. driveways, walkways, parking areas),

  • location, height and material of all fences, screen walls and retaining walls,

  • location of stormwater management landscape features,

  • location of above and below ground utilities (including lighting facilities),

  • proposed grades, finished first floor elevations, existing grades along the property lines and elevations at the base of trees to remain,

  • location and treatment of garbage collection facilities,

4.2 TREE PRESERVATION PLAN

Depending on the nature of the existing site conditions, the Planning Services Department may require a Tree Preservation Plan as part of the Site Plan submission. Applicants should contact the Planning Services Department to find out if one is required.

A Tree Preservation Plan should contain the following information:

  • location of existing vegetation to be retained or removed,

  • location and type of protection measures for the existing vegetation to be retained,

  • location of all existing natural features including top of bank and watercourse features,

  • layout of the proposed site development,

  • location of above and below ground utilities (including lighting facilities), proposed grades, existing grades along the property lines and elevations at the base of trees to remain,

  • plant list showing index, quantity, species, size (diameter breast height (D.B.H.)), health, etc.

Site Alterations BY-LAW NUMBER 2003-021 http://www.oakville.ca/Media_Files/forestry/2003-021bylaw.pdf  

A by-law to regulate site alterations within the Town of Oakville

GENERAL PROHIBITIONS

2.5 No person, in the performance of a site alteration, shall injure or destroy a municipal tree or other tree which is subject to tree protection measures as a condition of a permit issued under this by-law except to the extent that such injury or destruction is specifically authorized in writing in accordance with the provisions of this by-law and any other applicable by-laws of the Town of Oakville or the Regional Municipality of Halton for the protection of trees.

By-Law Number: 2003-02 p 22 of 24

CRITERIA FOR ISSUING A PERMIT (5 OF 24)

5.  The Director may issue a permit for a site alteration in accordance with an approved Site Alteration Plan if:

d) the Director is satisfied that the site alteration will not result in: A detrimental effect on the natural environment of the area; unauthorized injury or destruction of municipal trees or other trees protected under by-laws of the Town of Oakville or the Regional Municipality of Halton; injury or destruction of other trees, which in the opinion of the Director, could reasonably be avoided;

Tree Protection Policy:

SCHEDULE “F” Tree Protection Policies

Every site alteration shall be performed in accordance with the tree protection policies set out in this schedule. Compliance with the tree protection policies is deemed to be a condition of every permit unless specifically exempted in writing by the Director.

  1. Application of Tree Protection Policies

    • Tree protection measures are required for all Municipal Trees. The injury or destruction of Municipal Trees is regulated or prohibited under separate by-laws of the Town administered by the Town Forester. Permits granted under this by-law do not exempt the permit holder from the provisions of those by-laws.
    • Tree protection measures apply to Boundary Trees except as may be authorized in writing by the Director in accordance with the provisions of this Schedule.
    • Tree protection measures are encouraged for all trees and may be required by the Director for trees other than municipal trees and boundary trees where the protection of the tree is required as a condition of any other municipal approval or by-law or where required to protect public safety

  2. Discretion of the Director

    • The Director shall exercise his discretion under this by-law in accordance with the provisions of any by-law or policy for the protection of trees generally applicable throughout the Town and the Tree Protection policies listed in this Schedule. In the event of a conflict between the Tree Protection policies listed in this Schedule and other policies or by-laws for the protection of trees applicable within the Town, the policy or by-law that is the most protective of trees shall prevail for the purposes of this by-law
    • Subject to the provisions of any other by-law, the Director, in consultation with the Town Forester, may provide relief from the requirements of these tree protection policies or require tree protection measures above and beyond the tree protection measures prescribed in this policy having regard to the variety and location of the tree and any circumstances surrounding the site alteration that may pose a particular hazard to the tree.

 

Tree Specifications for Construction Near Trees  http://www.oakville.ca/Media_Files/forestry/TreeProtectionPolicy-AppendixA.pdf

1. Application of Policy

  • Tree protection measures are required for Town trees and other trees protected by Town by-laws or conditions of approvals granted by the Town, and are recommended for all trees which may be impacted by construction activities.

  • All trees situated on Town property are protected under provisions of Town by-laws. Some trees situated on private property are also protected by Town bylaws or as conditions of approvals granted by the Town.

  • Trees protected by Town bylaws may not be removed, injured or destroyed in any way without written authorization from the Town. Note that the term “tree” refers to all parts of the tree, including all roots.

  • The specifications set out in this policy shall be the standard specifications for tree protection measures during construction whenever tree protection measures are required by the Town as a condition of any approval or permit and are recommended in every instance where construction activities may result in damage to trees contrary to Town by-laws.

  • Higher standards of tree protection may be imposed where warranted in the opinion of the Town Forester having regard to the size, variety, location, and health of the tree and any circumstances surrounding the construction which may pose a particular hazard to the tree.

  • Lesser standards of tree protection shall only be permitted on the recommendation of a qualified tree consultant (as defined in this policy) and with the written consent of the Town granted in consultation with the Town Forester.

  • Anyone failing to adhere to the tree protection policies and specifications outlined below will be financially responsible for any resulting damage to trees in addition to any fines or penalties that may be imposed under relevant by-laws or statutes.

 

Pool enclosure permit http://www.oakville.ca/Media_Files/General/ApplicationRequire_pool.pdf

Pools require completion of site alteration application which explicitly asks:

 

  1. Amendments to the Zoning Bylaw:

    The Zoning Bylaw could be amended to define tree cutting as a land use requiring a development permit. A set of regulations would accompany this, providing direction to the Planning Department as to when and in what circumstances a permit may be approved for tree cutting as a discretionary use. Conditions could also be applied to the permit, and the decision of the Director could be appealed. Penalties for contravention could be established in the bylaw.

    Another option would be to create a new zone in the Zoning Bylaw that would not allow tree cutting. It would provide certain development opportunities; however, they may be limited near woodlands or tree stands. As an example, such a zone might allow a single residence, but not allow extensive agriculture as possible land uses.
     

  2. Amendments to the Municipal Official Plan
     

  3. Request Changes to Provincial Legislation

tree cutting during the migratory bird breeding season March to June (raptors

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