By Pepper Parr
March 21, 2016
BURLINGTON, ON
The Mayor is going to make another attempt at getting a private tree bylaw passed by Council – we think.
In July 2013, the Development and Infrastructure Committee chose to receive and file an information report on a private tree by-law feasibility study. Council did not vote to see the creation of such a bylaw at that time. . The dean of Council, John Taylor, summed it up when he said “the will is just not there”, the public just doesn’t want this” and try as they might BurlingtonGreen and Ward 2 Councillor Meed Ward, who pushed as hard as one can push, could not get this through the Development and Infrastructure Committee. ” It is going to be very tough to get a private tree by law in this city” said Taylor
In a Notice of Motion that he filed for debate at the Development and Infrastructure the Mayor said that since the 2013 failure he “ continues to hear requests for a private tree by-law in Burlington. Most recently, this came from members of the Roseland community as part of the Character Area Study process.
Many of the trees in Roseland are very old – replace trees have not been planted – at some point the residents of this community will deeply regret the loss of their tree canopy.
“Recognizing staff did not support a private tree by-law specific to the Roseland neighbourhood … I believe there is merit investigating a pilot private tree by-law to gauge its impact.
“I propose that a report on a pilot project with recommendations be drafted by staff, with considerations to such aspects as length of time, extent of regulations, performance measures, staff resources required, among others.
“There are several reasons I support a pilot project for a private tree by-law in Roseland. I believe our tree canopy is essential to the environmental and physical health of our city and its residents. As well, as one of the community’s oldest neighbourhoods, Roseland has a large number of mature trees that contribute to its character. Through the Character Study, many residents expressed a desire to maintain the tree canopy and the presence of the large, mature trees.
“The Roseland Tree Planting Initiative is a noteworthy endeavour started by interested community members.
A truly spectacular tree canopy – most of the trees are on city owned property.
“This cooperative effort by city staff and residents in the community to proactively plant trees within the public rights-of-way in areas with a high percentage of mature trees, and raise awareness among homeowners about the importance of trees within the neighbourhood, demonstrates the value placed on trees and as such, is an appropriate neighbourhood to implement a pilot private tree by-law.”
The Mayor added that “There are many other neighbouring communities that have private tree by-laws, such as Oakville, Hamilton, Toronto and Brampton. Mississauga is currently working on establishing a private tree protection by-law.
He also said: “When drafting the by-law, it is important staff strike a balance between private property owners’ rights and the intent of preserving our tree canopy. The outcome of this pilot project will be valuable in determining the applicability of a private tree by-law in other neighbourhoods, and, potentially, a private tree by-law for the entire city.”
The motion that will get debated is:
Direct the Acting Director of Roads and Parks Maintenance to investigate the implementation of a pilot tree by-law for the Roseland neighbourhood, with a review of options including, but not limited to: length of time for pilot project, extent of regulations, budget and staffing requirements, and measures to evaluate success, and to include community consultation.
Direct the Acting Director of Roads and Parks Maintenance to report back to committee on June 21, 2016.
There is a critical word missing from the Direction – the word “private” isn’t in between the words pilot and tree. Is this a motion to create a bylaw restricting what people can do with trees that are on their private property?
A beautiful collection of apple trees next to st. Christopher’s church on Guelph Line that were cut down because Canada geese were eating the apples and pooping on the roadway.
There have been a very sad story told about the man who cut down a 50 year old tree because he didn’t want to rake the leaves. A lovely collection of apple trees were cut down on the property next to St. Christopher’s Anglican church on Guelph Line because Canada geese were eating the apples and pooping all over a driveway used for the most car by just cars. There was a promise to plant new trees – two years and counting and still no new trees,
The environmentalists take the position that people do not own trees – that we are the stewards of a tree for the period of time we own the property on which the tree grows. Mayor Goldring has positioned himself as an environmentalist – he tends however not to walk his talk.
It will take some time for a shift in attitude to take place in this city. Changes in attitude take place when a society is educated – it is the leadership of a community that does the evangelizing.
The motion the Mayor has put forward isn’t going to get us very far – I would love to be proven wrong on this one.
Background links:
Council looks for every way out of a private tree bylaw.
The environmentalists lost the fight in 2013
Sounds like an erosion of private property rights. What’s next.
Protect all the trees you want on City owned property, but don’t think for one minute that people are going to support a by-law to be put in place that will restrict their ability to manage THEIR trees on THEIR property. We’re not talking about the rural area and the natural heritage system, we’re talking about that solitary old pine tree that makes a mess in your backyard that you want to cut down. Right now you can, no questions asked. If this by-law comes into effect, you’ll need to pay a fee and apply for a tree cutting permit, hire a certified Arborist to write a report and perform the cutting, all at your expense, co-ordinate municipal inspections to make sure you didn’t touch any other trees, or worst case maybe City Hall decides NOT to issue you a permit, in which case sorry, but you can’t cut that tree down. Want to install a swimming pool? Nope, there’s a tree in the way, and that tree is desirable to someone at City Hall that’s never even been in your back yard, and that doesn’t care what you want. “Your” yard is no longer free to use as you see fit. That is the real danger of this proposed by-law.