Newmarket council wants to take a look at financial penalties for developers who cut down trees without permission after entering an application process.
Council committee of the whole asked for a policy examination as it gave zoning bylaw approval for a new residential development at 49, 55 and 59 Charles St. and 52 Prospect St., which will have 42 rental apartments and 11 stacked townhouses. Staff said the applicant, Matera Developments, removed trees from the site without authorization and will be required to provide compensation. The development is
But Councillor Victor Woodhouse said the developers should face additional penalties. Upon learning that there is no penalty section in the town policy for unauthorized tree removal during development, Woodhouse said the developer here should voluntarily pay one.
“I’m absolutely blown away we would not enact a fairly significant penalty for the developer,” Woodhouse said. “Otherwise, there’s no incentive for that developer to ask for permission ahead of time.”
The town’s current tree protection policy for development requires compensation for trees removed, either with replanting or cash-in-lieu. Penalties for removal without permission, however, are not included in the policy.
Newmarket recently passed a new private tree removal bylaw, which puts new restrictions for private removal outside of a development permit process. That bylaw has both fees for tree removal permits and potential compensation requirements, in addition to a $1,000 penalty for injuring or destroying a tree without a permit, or $5,000 if it's a heritage tree.
Mayor John Taylor said he agreed with the idea of penalizing tree removal under development policy.
“They’re meant to provide a deterrent,” he said, adding the town is ‘not sending a very good message’ under the current policy. “We’re kind of opening the door to others.”
Director of planning and building services Jason Unger said the removal occurred in July 2021. He said the town is "currently reviewing the extent of the tree removals and required compensation with our consulting arborist."
The committee approved a request for staff to report back on implementing penalties into the policy.
If zoning bylaw approval is finalized by council, the Charles and Prospect project will still be able to proceed to the next stage toward a development permit. The proposal has been in the works for more than 18 months.
The council committee also approved deferring development charges on the project, which plans to meet affordable rental criteria for the 42 apartments.
Although distinct from affordable housing ownership, Taylor said the town has provided such incentives before for rentals, such as 212 Davis Dr.
“The big thing is we desperately need rental housing to be built in York Region and in Newmarket,” he said.
