As part of York Region’s target to increase Newmarket’s tree canopy cover from 25 to 35 per cent, the town is considering a new bylaw that could prevent residents from removing trees on their own property, with some notable exceptions that could come with a large price tag for homeowners.
During a Newmarket council workshop on Monday afternoon, councillors received a presentation on a new private tree protection bylaw that could be established in Newmarket, with the goal of increasing canopy cover across town.
Meghan White, senior planner, and Joerg Hettmann, forestry supervisor with the town, provided a presentation as part of the council workshop. According to the proposed bylaw, trees with a diameter of 20 centimetres at breast height or higher could not be removed.
However, there are exceptions to the rule.
Exceptions to the bylaw would include if a tree is dead, dying, or hazardous, if a tree is causing damage to property, if a tree is in the way of a building permit or pool, or if a tree is considered a nuisance.
“It might be a bit of an exaggeration to say trees... cannot be removed, because the exceptions are basically everything,” said Mayor John Taylor. “You can purchase your way into being able to remove them. If that’s accurate, that’s fine, I just want to make sure I’m reading that right.”
“My intention with having that bold statement is the philosophical idea that we’re starting from a place of no,” said White.
According to results from public consultations on the subject, 72 per cent of respondents said there is a problem in Newmarket with developers cutting down trees. About 67 per cent of respondents said they thought it would be a good idea for people to need permission to cut down trees on private property, while 48 per cent of respondents said homeowners should be allowed to do whatever they want to trees on their own property.
“This is a pretty onerous thing to put on people on their private property,” said Deputy Mayor Tom Vegh. “Based on the survey, (public opinion) is pretty split.”
When applying to remove a tree, the costs under the proposed bylaw would include a permit fee upfront. That fee could vary depending on whether the town decides to hire a full-time arborist, or require any resident applying to remove a tree to hire their own arborist.
An arborist would be required on all permit applications to provide a site visit, work with applicants to possibly preserve trees, ensure trees are protected, or act as an expert witness in compliance issues.
White estimated that about 186 permits would be reviewed annually in Newmarket should the bylaw take effect.
There would also be a system by which, depending on the reasoning behind removal of the tree, the homeowner would be required to pay the town, and/or replant on their own property to make up for the canopy that would be lost.
If the tree is determined to be dead or hazardous or the removal is required under the property standards bylaw, no compensation would be required. However, if a tree is removed to make room for a building permit or pool, 100 per cent compensation is required to the town. If the tree is considered a nuisance, 200 per cent compensation is required.
Compensation would be defined as the replanting of either a tree or trees of similar size, or cash-in-lieu.
Taylor asked if staff could provide data on other municipalities that have implemented such a bylaw, and how it has worked in the time since implementation. He also asked staff to consider implementing a lower application fee in favour of imposing higher penalties for homeowners who breach the bylaw.
No decisions were made at the workshop, however town staff will now take the feedback received from all councillors and begin the process of drafting the bylaw, which will be presented to council at a committee of the whole meeting in the late summer/early fall.
