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Bylaw 1603-2018
Town of Innisfail
Being a bylaw of the Town of Innisfail, in the Province of Alberta, to protect, preserve
and retain trees in public spaces owned or controlled by the Town of Innisfail; and to
regulate the maintenance of private trees abutting public lands.
WHEREAS Part 2, Division 1, Section 7 of the Municipal Government Act, R.S.A. 2000, c.
M-26, authorizes Council to pass bylaws respecting the safety, health and welfare of people
and the protection of people and property and respecting people, activities and things in on or
near public places and to enforce bylaws;
WHEREAS, trees on both private and public lands are an important component of the urban
forest and ecology of the Town of Innisfail;
NOW, THEREFORE, the council of the Town of Innisfail hereby enacts as follows:
1. This Bylaw may be cited as the "Tree Bylaw"
DEFINITIONS:
2. In this Bylaw:
(a) "Boulevard" means:
1. The strip of land between the curb and the sidewalk and between the
sidewalk and the property line, or
ii. Where there is no sidewalk, the strip of land between the curb and the
property line, or
iii. Where there is no curb, the strip of land between the near edge of the road
and the property line;
(b) "Public Tree" includes Town owned trees and shrubs planted on boulevards,
lanes, sidewalks, roads, utility right-of ways, Municipal Reserve (MR), Public
Open Space (PO), Environmental Open Space (EO), or on any public place;
(c) "Designated Officer" shall mean a Bylaw Enforcement Officer, Peace Officer or a
member of the Royal Canadian Mounted Police or any other person so authorized
to act on behalf of the Council of the Town oflnnisfail;
( d) "Director" means Director of Operational Services for the Town of Innisfail or
his/her designate;
(e) Manager of Operations" means the Manager of Operations for the Town of
Innisfail or his/her designate;
(f) "Municipal Ticket" means a municipal ticket issued on behalf of the Town for a
violation under this Bylaw
(g) "Move" means uprooting and transferring a tree from one location to another;
(h) "Private Tree" includes any trees or shrubs planted on private property and are
referred to in this bylaw in the instance of encroachment on to boulevards, lanes,
sidewalks, road or utility right-of ways, Municipal Reserve (MR), Public Open
Space (PO), Environmental Open Space (EO), or any other public space;
(i) "Owner" means the assessed owner of the land directly abutting on the Town
boulevard;
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G) "Pruning" includes the cutting of tree branched, twigs or roots;
(k) "Town" means the corporation that is the Town of Innisfail;
(1) "Tree" means any perennial woody plant that normally has one or few upright
stems and is maintained as a tree;
(m)"Violation Ticket" shall mean a ticket issued pursuant to Part 2 of the Provincial
Offences Procedure Act and any regulations there under.
GENERAL CONDITIONS / PROHIBITIONS:
3. No person shall:
(a) remove, move, cut, or prune a public tree or cause a boulevard tree to be removed
without the prior written authorization from the Manager of Operations
(b) damage or destroy a tree growing on public property; or
(c) plant trees or shrubbery on town property, without having written authorization
from the Manager of Operations; or
( d) tie, wire, rope, mark, or remove the bark of a public tree without written
authorization from the Manager of Operations; or
(e) use or caused to be used an object of any kind to penetrate or remove the bark of a
boulevard tree without written authorization from the Manager of Operations; or
(f) attach an electrical cord to a public tree, without written authorization from the
Manager of Operations; or
(g) secure bicycle racks, dog chains, clothes lines, guy wires, swings, or tree houses
to a public tree; or
(h) deposit, place, store, or maintain any stone, brick, sand, soil, concrete, vehicle,
equipment or other matter or material that may impede the free passage of water,
air or nutrients to the roots, of a tree growing on public property;
(i) place, apply or spray any substance other than water on or near any public tree
without prior written authorization from the Manager of Operations.
4. Where removal or pruning of a Public Tree is determined to be necessary by Emergency
Personnel responding to an emergency, such tree or part of it may be cut or removed
without first obtaining written authorization to do so.
5. The Director of Operational Services shall be notified within 5 days after the incident by
the emergency personnel about the removal or pruning of the tree(s).
6. In the case of permanent damage to a Public Tree, the person responsible for the damage
may be assessed the value of the tree as appraised on the Standard Tree Evaluation Form,
(attached as Schedule A).
7. The Town shall have the sole right to remove or cause to be removed any public tree
which in the opinion of the Director of Operational Services warrant such removal after
(5) days' notice by registered mail to the abutting property owners.
8. No owner or occupant of a parcel of land in the Town of Innisfail shall allow hedges,
shrubs, vegetation, other structures planted or erected before or after the passing of this
Bylaw to grow at a greater height of 1.0 meter above the established elevation of the
center point of an intersection of the highway at a place on such parcel of land at or
adjacent to and within a distance of six (6.0) meters measured on the comer of the
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intersection of the highway nearest to the parcel of land concerned as measured along the
curb line or edge of road.
9. In the case of trees growing on any parcel ofland within the Town planted after the date
of this Bylaw, the owner or occupant shall trim the said trees in such a way that no
branches or foliage of said trees shall be at a lesser height than 225 cm (7.5 ft) meters
above the established elevation of center point of an intersection of the highway at any
place on such parcel of land at or adjacent to and within a distance of six (6) meters
measured from the corner of an intersection of the highway nearest the tree as measured
along the curb line or edge of road ..
10. Except for trimming as required under Section 9, trees growing on any parcel ofland that
were planted prior to the date of this bylaw and fall within a distance of six ( 6) meters
measured from the corner of an intersection, as measured along the curb line or edge of
road, will not be subject to Section 8 of this bylaw.
11. If a person is directed by a Peace Officer to reduce any hedge, tree or shrub located in a
corner visibility triangle to a height not in excess of 1.0 meter, and fails to carry out such
direction within seven days of receipt of such direction, the Town may remove any such
hedge, tree or shrub or reduce it to the required height, and if the cost of such work is not
paid on demand by the owner or occupant of the property in question, the Town may
recover the expense of such work, with costs, by action in any Court of competent
jurisdiction, or may charge the expense of the work as taxes against such property.
12. An owner of private property shall ensure that trees or shrubs growing on his property,
and on adjacent boulevards between his property line and the curb, shall be trimmed so
that no branches project over a sidewalk at an elevation of less than 225 cm (7.5 ft.) or
over a roadway or alley at an elevation ofless than 412 cm (13.5 ft.).
13. Except for trimming required under Section 12, no person shall remove, pollard, destroy,
or injure any tree that is planted or growing on a boulevard planting strip or on any Town
lands adjacent to any street without prior written permission from the Manager of
Operations. Where such permission is granted, the person requesting such permission
shall be responsible for all costs associated with the removal, as well as for the value of
the tree as determined by the Town.
14. The Manager of Operations shall not grant a request for the removal of such a tree unless,
in the opinion of the Town, there are exceptional circumstances which warrant such
removal. If a request for removal for a tree is granted, the owner shall be responsible for
the cost of such removal plus the value of the tree as approved by the Town.
15. The Town shall have the sole right to remove or cause to be removed, trim and/or prune
or cause to be trimmed and /or pruned any public tree or private tree which in the opinion
of the Director warrant such work without notifications where the public tree in anyway
interferes or endangers the lines, poles, conduits, pipes, sewers, traffic control devices,
vehicle and pedestrian traffic, or other works of a municipal or other public utility. When
the public tree or private tree is adjacent or on private property the Town will verbally
notify the Property owner, lessee, occupier or agent of owner when the property, lessee,
occupier or agent of owner is onsite.
SIGNS:
16. Any signs installed shall follow the rules of the Land Use Bylaw and associated policies
on private property and over public sidewalks or highways shall be located so that they
will in no way interfere with an existing boulevard tree and will not necessitate pruning
or thinning in addition to normal practices. Before planting of a boulevard tree the Town
will contact the owners of the effected properties for input as to possible conflicts.
3
STORMS:
17. Any trees, whether public or privately owned, which must be removed for safety reasons
will require removal.
(a) Any Owner of privately owned trees encroaching on public property that fail to
correct a hazardous situation will be responsible for the costs incurred by the
Town to correct the situation.
( a) If a privately owned tree is broken or uprooted and the tree or portions of the tree
fall on Town property the Owner of the tree shall be responsible for the removal
or cost of the removal within five (5) days. Failing to complete the work would
result in a charge to the Owner for the costs incurred by the Town to correct the
situation.
CONSTRUCTION & DEVELOPMENT:
18. Any Public Tree to be removed in accordance with an approved Development Permit
shall be replaced as authorized by the Manager of Operations;
(a) the value of tree shall be paid to the Town in accordance with the Tree Evaluation
Equation. (Attached as Schedule A).
19. All construction within 4 meters of a Town owned tree requires an enclosed Tree
Protection Barrier. The company performing the work would be responsible for the up
keep and cost of the Tree Protection Barrier. (Attached as Schedule B).
(a) All soil, equipment, and other debris shall be kept outside of the Tree Protection
Barrier.
(b) No person shall remove or cause to be removed any part of a Tree Protection
Barrier.
PUBLIC UTILITY:
20. In accordance with regulations governing public utilities, a public utility may perform
such pruning as necessary to comply with safety regulations and to maintain the
operation of their facility provided that:
(a) Any pruning to be done by a public utility is the responsibility of the public utility
to give the Manager of Operations written notice within three days of its intention
to prune.
(b) The pruning is carried out in accordance with accepted arboricultural standards
and practices; and
(c) The public utility follows any specific directions of the Manager of Operations as
to how the work shall be carried out.
ENFORCEMENT:
21. Where a Designated Officer has reasonable grounds to believe that a person has
contravened any provision of this Bylaw:
(a) he or she may serve upon the person a municipal ticket allowing payment of the
specified fine as set out in Schedule "C" of this Bylaw, which payment will be
accepted by the Town in lieu of prosecution for the offence if paid within 21 days
of the date of service; or
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(b) he or she may issue and serve a violation ticket in accordance with the Provincial
Offences Procedure Act, R.S.A. 2000, c. P-34 and amendments thereto, allowing
a voluntary payment or requiring a person to appear in court, without the
alternative of making a voluntary payment.
22. A municipal ticket shall be deemed to be sufficiently served if:
(a) served personally on the owner of the property, or left at the owner's residence; or
(b) Mailed to the address of the owner of the property.
23. In the case of an offence that is of a continuing nature, a contravention constitutes a
separate offence in respect of each day, or part of a day, on which the offence continues
and any person guilty of such an offence is liable to a fine in the amount not less than that
established by this Bylaw for each such day.
PENALTIES:
24. Any person who contravenes any section of this Bylaw is guilty of an offence and is
liable to:
( c) a penalty in the amount specified in Schedule C hereto, or
( d) A $230.00 fine for any offence for which there is no penalty specified.
25. The specified penalty for a first offence and any continuation of the offence is the amount
shown in Schedule C in respect of this bylaw.
26. This Bylaw shall come into effect upon third and final reading thereof
Read a first time in Open Council this ~
day of
June
, 2018.
Read a second time in Open Council this __..2__ day of October
, 2018.
Read a third time in Open Council this __
9 _ day of
October
2018.
~
Mayor
Chief Administrative Officer
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Schedule A
TREE EVALUATION EQUATION
1. Basic Value Data
(a) The basic unit value of all shade and other ornamental trees is $71.94 per square inch unit
of trunk cross sections at 4 feet above the ground diameter at breast height or $11.15 per
square centimetre at 1.2 m.
(b) Different species of trees have different values. They are expressed as a percentage of the
basic unit value. This expressed percentage is called Class %.
(c) The different class percentages are listed in the Tree Species Rating Table.
2. Method of Determining Value
(a) Determine Class % to which species belongs, e.g. Spruce - Class 2 - 100% and has a
diameter of 4 inches(this gives the spruce a basic value of$71.94 per square inch).
(b) Determine area of cross section at 4.0 feet (1.2 m) above ground in square inches. For
example the dbh (diameter at breast height) is 4.0 inches equals 12.57 sq. inches of area.
3. Tree Species Rating Table
BOTANICAL NAME
COMMON NAME
Class 1- 110% (Special Class)
Picea pungens 'Koster'
Kosters Blue Spruce
Picea spp. (Specialties)
All grafted types of Spruce
Pinus spp. (Specialties)
All grafted types of Pines
Quercus spp.
Oak species
Class 2 - 100%
Abies spp.
All Firs
Aesculus glabra
Ohio buckeye
Aesculus hippocastanum
Chestnut/Horse Chestnut
Elaeagnus angustifolia
Russian olive
Betula pendula gracilis
Weeping birch
Fraxinus selections
Patmore/Summit/Fallgold/Manchurian
Larix sibirica
Siberian Larch
Larix spp.
Larch Species
Picea spp.
All types of Spruce
Pinus spp.
All types of Pines
Populus tremula 'Erecta '
Swedish Columnar Aspen
Pseudotsuga menziesii
Douglas fir
Syringa reticulata
Japanese lilac tree
Tilia americana
American basswood
Tilia cordata
Little Linden Leaf, Lime (Hybrids)
Ulmus americana 'Brandon'
American elm "Brandon"
Ulmus americana
American elm
Class3-80%
Acer ginnala
Amur maple
Acer saccharinum
Silver maple
Betula spp.
All other types of Birch
Crataegus spp.
Hawthorns
Fraxinus spp.
Common Green Ash & Black Ash
Juniperus scopulorum
Rocky Mountain Juniper & Cultivars
Malus baccata
Siberian flowering crab
Malus "Rosybloom Hybrids"
Rosybloom Crabs
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Schedule A
Malus spp. Hybrids
Hybrid Apple/Crab
Populus x canescens 'Tower'
Tower Poplar
Populus xjackii 'Northwest'
Northwest poplar - cultivar
Prunus padus commutata
Mayday tree
Prunus spp.
Plums and Cherries
Prunus spp. Hybrids
Hybrid Cherries & plums
Pyrus ussuriensis
Ussurian Pear
Sorbus spp.
Mountain Ash Species
Class4-60%
Acer negundo (upright var. or
Manitoba maple (specialty upright
form)
forms)
Alnus spp.
Alder
Caragana arborescens
Standard Pea tree
Caragana arborescens vars.
Standard Pea tree - forms
Populus Hybrids
Hybrid Poplars
Salix acutifolia
Sharp leaf willow
Salix pentandra
Laurel leaved willow
Ulmus pumila
Siberian/Manchurian elm
Class 5-40%
Acer negundo
Manitoba maple
Populus X 'Brooks #6'
Brooks #6 Poplar
Populus X 'Griffin'
Griffin Poplar (Non-fluff)
Populus spp.
Native poplars
Salix spp.
Native Willows
4. Determine condition of tree. An Arbourist will appraise the condition on the following
scale carries out this evaluation.
Tree's Condition:
Percent:
1. Perfect tree or specimen quality
100%
2. Excellent tree
90%
3. Very Good tree
80%
4. Above Average tree
70%
5. Good or Average tree
60%
6. Below Average tree
50%
7. Fair tree
40%
8. Poor tree
30%
9. Very poor tree
20%
5. The Location of a tree is considered during the tree's Condition calculation. Location can
influence the Condition calculation as a 10% premium or a 10% penalty.
Using the above data the value of trees may be calculated as:
-
In this example, a 4" diameter the area of cross section is 12.57 in2
-
The basic unit value or $71.94 per inch2- The Class% is Class 2 or 100%
12.57 inch2 x $71.94 x 100% = $904.02. Therefore, the Basic Value of Tree=$ 904
-
This figure is then multiplied by the Condition % (Say 80%) $ 904.02 x 80%
condition is $ 723.22
-
Therefore, the value of this example Spruce with diameter at breast height of 4" in is
$ 723.00 (rounded to nearest dollar)
7
Schedule A
OR
-
In this example, 10.16 cm diameter, the area of cross section is 81.07 cm2
-
81.07cm2x$11.15 x 100% = $ 903.96. Therefore, the Basic Value of a Tree = $904.00
-
This figure is then multiplied by the Condition% (Say 80%) $903.96 x 80% condition is
$723.17.
-
Therefore, the value of this example Spruce with diameter at breast height of 10 cm is
$723.00 (rounded to nearest dollar).
6. Examples of determining tree value are outlined in the table below
Species
Diameter
Vaue er
Cross
Cass
Basic
Condition ~
ounoe
%
of trunk
unit)
Section
and%
Value in
%
Value ($'s)
Varieties
$'s
OAK
71.94
12.57 Ill
0%
SPRUCE
8"
71.94
5 .27 m2
70%
ELM
1 cm
11.15
78.54
80%
cm2
~--- - -
Green
2 cm
ASH
8
Drip line
~
Property
line ~
Guidelines:
SHEDULEB
TREE PROTECTION DIAGRAM
1. The Protected Tree sign will be provided by the Town of Innisfail.
2. Construction materials, equipment and other debris shall not be stored in the tree
protection zone.
3. The fence must be a minimum of 1.2m high.
4. The fence must be a minimum of 4m from the center of the tree trunk.
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Schedule C
PENAL TIES CHART
Section
Charge
Fine
Amount
3(a)
Remove, move, cut or prune a public tree without
authorization
$500.00
3(b)
Damaged/destroyed tree on public property
$500.00
3(c)
Plant tree/shrubbery on Town property without
$115.00
authorization
3(d)
Tie, wire, rope, mark or debark of a Public Tree
$230.00
3(e)
Removing/penetrate bark without authorization
$230.00
3(f)
Attach electrical cord to a public tree
$78.00
3(g)
Secure any object to a public tree
$115.00
3(h)
Deposit any matter/material that impedes flow of
$230.00
water/air/nutrients to the roots of public trees
3(i)
Apply or spray harmful substance to a Public Tree
$500.00
No person shall remove or cause to remove any part of
14(b)
a tree protection barrier
$230.00
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