This is the exact embedded text of the captured official document.
Snapshot f105b45029d4 · verified 2026-09-27 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
BYLAW NO. 474-08
A BYLAW OF THE VILLAGE OF MARWAYNE
IN THE PROVINCE OF ALBERTA
to authorize and regulate the planting, care, maintenance, protection, preservation and
removal of public trees on Village property
WHEREAS it is important to affirm that trees on Village Property are "living" assets owned by
the Village of Marwayne and maintained as a legacy for the citizens of the Village of Marwayne;
WHEREAS it is important to provide for the management, improvement and operation of urban
trees and forests;
WHEREAS to address public involvement in tree maintenance
AND WHEREAS trees provide benefits including: improvement of air quality; absorption of
carbon dioxide; climate moderation and energy conservation; storm water retention; wildlife
habitat; aesthetics and general improvement of quality of life;
AND WHEREAS the Municipal Government Act, R.S.A. 2000 Chapter M-26 provides that
Council may pass bylaws for regulating people, activities and things in public places that are
open to the public;
NOW THEREFORE by the authority of the Council of the Village of Marwayne, in the
Province of Alberta, Council enacts the bylaw as follows:
1. This Bylaw may be referred to as the Public Tree Bylaw
2. In this Bylaw:
a. "Boulevard" means that strip of land between the curb and the sidewalk and between the
sidewalk and the property line; or where there is no sidewalk, the strip of land between
the curb and the property line, or where there is no curb, the strip of land between the
near edge of the road and the property line
b. "CAO" means the Chief Administrative Officer
c. "Pruning" means the removal of specific branches for the purpose of preserving the
health and appearance of a tree and for public safety
d. "Public Tree" includes any tree which has any part of its trunk located on Village
property
e. "Village" means the Village of Marwayne or, where the context requires, the area
comprised within the boundaries of the village as it may exist from time to time while
this Bylaw is in force
f. "Village Property" means all land owned, controlled or maintained by the Village
including parks, green spaces, boulevards, buffer strips, streets, right-of-way and natural
stands
General Provisions
3. The Village maintains the exclusive right and responsibility for planting, removing, pruning
and protecting any and all boulevard trees and/or shrubs on Village Property. The only
exception to this principle will in those instances where a development plan requires the
developer to plant the boulevard trees. In these instances, the developer will be required to
follow the guidelines contained within this policy.
Public Tree Planting
4. Specifications governing the placement of boulevard trees will follow the provisions of
Schedule A.
5. Any person who wishes to plant a tree on Village Property, making it a Public Tree by
definition, must apply to the CAO for permission to do so. Approval by the CAO will
include the planting location, species, size and condition. Adherence to the standards
referenced in Schedule A are required. Written authorization to plant trees on Village
property does not relieve a person from obtaining any other approvals which may be required
under any other regulation.
6. A person who has planted a Tree on Village Property has the obligation to provide care and
maintenance of that tree.
7. Boulevard trees on any given block will be planted in a straight line parallel to the street
curb.
8. In line with the Municipal Development Plan, the Village will require residential developers
to provide at least two trees per internal lot and five trees per corner lot, to be planted in the
front yard, boulevard or street right of way.
9. In line with the Municipal Development Plan, the Village will require industrial and
commercial developers to provide at least five trees planted along the boulevard or an
alternate location deemed suitable by Village Council.
10. If the Village is required to plant under the terms of a specific development agreement, the
Village will not plant until the lot is improved, all underground structures and services have
been installed, and the boulevard is finish graded.
Maintenance
11. The Village is responsible for the ongoing maintenance of all trees/shrubs that are located on
Village property. In order to avoid contact with vehicular/pedestrian traffic and municipal
equipment use, all branches on boulevard trees below the height of 2.3 meters will be
removed. The only exception to this will be on designated truck routes, where the boulevard
tree branches will be removed below the height of 4.2 meters.
12. The person who planted the Tree is authorized to care for and maintain their Public Tree.
However, the Public Works Foreman is also authorized to care for and maintain all Public
Trees. Care and maintenance includes: pruning, fertilizing, providing support systems, and
implementing preventative measures to protect Public Trees from insect or disease problems.
13. The CAO or Public Works Foreman may remove, trim or otherwise dispose of a Public Tree
or authorize the removal, trimming or disposal of any Public Tree if in the opinion of the
CAO or the Public Works Foreman the tree:
a. constitutes a hazard to life or property
b. is infected by disease or injurious insects
c. interferes with overhead utility lines
d. to facilitate emergency work
For all other circumstances, Council approval is required. Council will use section 23 in
making their decision.
14. An abutting landowner or occupant and public utilities have permission to prune small
branches on a Public Tree in accordance with the Tree Pruning Guidelines in Schedule B, or
to have a qualified arborist prune the branches or roots of a Public Trees.
Protection
15. Tree safety can become an issue because of physical damages, rot and disease. The Village
is responsible for ensuring, inasmuch as is reasonably practical, the safety of all trees and
shrubs located on Village property.
16. The Village expects residents, contractors and agencies working near or carrying on any
operation near a tree on Village property to take reasonable precautions to prevent damage to
such trees.
17. No person shall attach any object including electrical cords to a public tree.
18. No person shall remove the bark of any public tree or cause the bark of a public tree to be
removed without the prior written authorization from the CAO.
19. No person shall use or cause to be used an object of any kind to penetrate the bark of a public
tree without the prior written authorization from the CAO.
20. No person shall put any thing on the branches of a public tree or cause anything to be put on
the branches of a public tree. Except a person may place strings of lights in a public tree
during the months of October, November, December, January, February and March so long
as doing so does not offend any regulation respecting the location of electrical cords or create
a safety hazard.
21. No person shall place, apply or spray or cause to be placed, applied or sprayed any substance
other than water on or near any public tree without prior written authorization of the CAO.
Public Tree Removal
22. The Village reserves the right to remove any tree/shrub that is located on Village property.
23. Trees/shrubs will only be removed due to one of the following:
a. The tree is deemed to be dangerous to public safety or property due to its:
i. Location
ii. Physical condition - e.g. broken limbs
iii. Health - e.g. severe rot or pest infestations
iv. Interference with overhead utility lines
b. the tree is no longer viable to maintain, or which , for any reason, constitute a
hazard or a potential hazard to the public
c. to facilitate emergency work
d. any public tree planted or growing on Village property contrary to the provision
of this Bylaw or contrary to any Council-approved agreements
e. other circumstances will be evaluated on their own merits.
24. No person shall remove, move or cut a Public Tree or cause a Public Tree to be removed,
moved, or cut without prior written authorization from Council. Exception for the Public
Works Foreman and the CAO are made in section 11 and emergency personnel in section 25.
25. 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. The emergency personnel shall notify the CAO
of the emergency and work done on the public tree as soon as possible.
26. Any person who accidentally, negligently or willfully damages a Public Tree shall reimburse
the Village for the cost of treatment. Alternatively, and with the CAO's written
authorization, the person who caused the damage may cause the Public Tree to be repaired by
a qualified arborist, and shall in those circumstances bear the cost of repairs, materials and
labour.
27. Where a Public Tree is irreparably damaged, whether accidentally, negligently or willfully,
(as determined by the CAO in his or her sole discretion), the person who caused the damage
must replace the tree.
Offences
28. Any person who contravenes any provision of the bylaw or the regulations is guilty of an
offence.
29. All violations under this bylaw shall be constituted as separate offences and treated as such.
30. Except as otherwise provided in this bylaw, a person who is guilty of an offence under this
bylaw or the regulations for which a penalty is not otherwise provided is liable for each
offence to a fine of not more than $10,000.00 or imprisonment for not more than 1 year, or
both, and in default of payment to imprisonment for a term not exceeding 1 year.
31. A person who is guilty of an offence under this bylaw is liable upon summary conviction to a
fine of:
a. for a first offence, direct costs for replacement or repair of a damaged tree and a
fine, in default of payment to imprisonment for term of not more than 30 days,
and
b. for a second or subsequent offence, direct costs for replacement or repair of the
damaged tree and a fine, in default of payment to imprisonment for a term of not
more than 60 days.
32. Where a Bylaw Enforcement Officer has entered a specified penalty as per Schedule "C",
and a defendant wishes to plea guilty, he/she may make a voluntary payment in respect to
an offence, by delivering the municipal tag, violation ticket, or summons together with an
amount equal to the specified penalty for the offence as provided for in Schedule "C", to
the Village office or a Provincial court as identified on the violation ticket.
Violation Notices
33. Where a Bylaw Enforcement Officer or other person authorized to carry out the
provisions of this bylaw believes that a person has contravened any provisions of this
bylaw he may serve upon such person a notice, or form of intention to prosecute by way
of municipal tag, Provincial Violation Ticket, or by ways of a summons to appear in
court. The notice shall set out the name of the offender, time, location and date of
offence, briefly describing the nature of the offence and the section, applicable penalty
and the court date on which the accursed has the option of appearing to enter a plea.
34. A notice, ticket or summons shall be deemed to have been sufficiently served if:
a. served personally on the accused, or
b. served by register mail, or
c. left at the accused usual place of residence with an inmate thereof who appears to
be at least sixteen (16) years of age.
READ A FIRST TIME THIS 24th DAY OF NOVEMBER, A.D. 2008,
READ A SECOND TIME THIS 24th DAY OF NOVEMBER, A.D. 2008,
READ A THIRD TIME AND FINALLY PASSED THIS 24th DAY OF NOVEMBER, A.D.
2008,
____________________________________
Mayor
____________________________________
Administrator
Schedule A
The width of the existing/planned boulevard, the relation to overhead utilities,
underground utilities and the soil conditions will govern the species of tree selected for
planting on all Village property. A mix of species is essential to reduce the chances of
insect epidemics and to guard against the spread of disease as trees are trimmed.
Spacing between trees shall reflect the chosen tree species' ultimate width, its
conditions, and design criteria. Spacing shall be chosen to maximize the number of
trees on the streetscape, while allowing for the development of a full crown. Within this
rationale, fastigiated trees could be planted closer together than trees with spreading
crowns, and more small trees could be planted than larger trees.
It is recommended that developers avoid planting trees at fixed distances along the
boulevard, as doing so can lead to conflicts with underground utilities and above ground
structures. Planting at irregular intervals will create a less formal appearance of the
streetscape and will make gaps due to site constraints and removal of dead or
vandalized trees less conspicuous.
The following trees are authorized within the Village:
Category 1 Trees:
Plant materials on boulevards along roads with residential lot frontage
Common Name
Scientific Name
Site Conditions
height (h)
width (w)
meters
Ash Species (Fraxinus)
Black Ash
fraxinus nigra 'fall
gold'
male clone only, favour moist
site, hardy cv only
12 (h) 5-9 (w)
medium tree
Green Ash
fraxinus
pennslyvanica
including cultivar
'Patmore'
hardy tree, tolerant of drought
and salt, hardy and long lived
15 (h) 9-12(w)
medium tree
Linden Species (Tilia):
American Basswood
tilia americana
& cultivar 'wascana'
sheltered sites, prefers moist,
well drained soil
15 (h) 9-15 (w)
medium tree
Little Leaf Linden
tilia cordata & hybrid
'dropmore'
sheltered sites, prefers moist,
well drained soil
10 (h) 7-9 9(w)
medium tree
Chokecherry Species
Schubert
Chokecherry
prunus virginiana
'schubert' & bailey
select & midnight
hardy, drought-resistant,
susceptible to black knot
6 (h)
small tree
Amur Chokecherry
prunus mackii
susceptible to winter injury,
needs sheltered location, 4
season appeal
6 (h) 4-7(w)
small tree
Crabapple Species
Almey Crabapple
malus x adstringens
'almey'
sun, susceptible to black knot
5(h)
small tree
Siberian Crabapple
malus baccata
sun, susceptible to black knot
5.5(h) 4-7 (w)
small tree
Columnar Siberian
Crabapple
malus baccata
'columnaris'
sun, susceptible to black knot
5(h)
small tree
Dolgo Crabapple
Malus 'dolgo'
sun, susceptible to black knot
10(h)
small tree
Hopa Crabapple
Malus x adstringens
'hopa'
sun, susceptible to black knot
5(h)
small tree
Kelsey Crabapple
malus x adstringens
'kelsey'
sun, susceptible to black knot
prefers moist, well drained
soil
4(h)
small tree
Thunderbird
Crabapple
malus x adstringens
'thunderbird'
sun, susceptible to black knot
5(h)
small tree
apple varieties
malus spp.
well drained soils, >4 m
setback without sidewalk
susceptible to black knot
4.0 - 8.0(h)
small tree
Elm Species
Brandon Elm
ulmus americana
'brandon'
no pruning April to Aug due to
threat of Dutch Elm disease
20(h)
medium tree
Discovery Japanese
Elm
ulmus davidiana var
Japonica 'discovery'
highly resistant to dutch elm
disease, extra care required
10-15(h)
7-10(w)
medium tree
Hawthorn Species
Hawthorn
crataegus spp.
includes Toba
well drained soil, well adapted
to environmental stresses
5(h) 5-7(w)
small tree
Lilac Species
Japanese Tree Lilac
syringa reticulata
including 'ivory silk'
sheltered area
6(h) 5-8(w)
small tree
Maple Species (Acer)
Amur Maple
acer ginnala
sun to partial, tolerates dry
soil, well drained
4(h) 5-8(w)
small tree
Tatarian Maple
acer tataricum
tolerates shade and drought,
prefers moist well drained soil 6(h) 5-9(w)
small tree
Mountain Ash Species
(Sorbus)
Showy Mountain Ash
sorbus decora
most resistant to fire blight
>4 m setback without
sidewalk
8(h)
small tree
European Mountain
Ash
sorbus aucuparia
including 'rossica'
>4 m setback without
sidewalk
8 (h) 5-8(w)
small tree
Poplar Species
Tower poplar
populus x
canescens 'tower'
10(h)
small tree
Oak Species (Quercus)
Bur Oak
quercus macrocarpa
sheltered, loam/silt or sandy
soils only, mid pH
15(h) 10(w)
medium tree
Category 2 Trees:
Plant materials for boulevards without residential lot frontage and within parks. May
include Category 1 trees that meet site conditions.
Common Name
Scientific Name
Site Conditions
height (h)
width (w)
meters
Larch Species
Siberian larch
larix sibirica
19 (h)
large tree
Pine Species
Scot's Pine
pinus sylvestris
min 20 m setback from road
prefers moist well drained site
12 (h)
Lodgepole Pine
pinus contorta var
latifolia
min 20 m setback from road
drought resistant
12(h) 5-8(w)
Spruce Species
Colorado
picea pungens spp
min 20 m setback from road
15-30 (h)
6-10(w)
White
picea glauca
min 20 m setback from road
15-30 (h)
Poplar Species
Northwest Poplar
populus x jackii
'northwest'
min 20 m setback from road
15-18 (h)
Swedish aspen
populus tremula
'erecta'
needs high water table, full sun,
may sucker
12 (h)
Maple Species
Manitoba Maple
acer negundo
12 (h)
Silver Maple
acer sacharinum
prefers moist, susceptible to die
back in exposed areas or under
moisture stress
20(h)
large tree
The developer may suggest other trees depending on specific site constraints. These
will be subject to approval by the CAO.
Shrubs
Common Name
Cotoneaster
Dogwood
Pin Cherry
Potentilla varieties
Mugo Pine
Juniper
American Highbush Cranberry
Hackberry
Lilac, spirea, elder, caragana and others
will be considered
Tree and shrub planting in beds shall give consideration to the importance of vehicular
sightlines, street lighting efficiency, and designed to minimize mowing/maintenance
requirements.
If alternative tree materials are requested along boulevards, the following considerations
must be addressed:
limited horizontal root growth and no sucker-type roots to avoid
encroachment
limited vertical root growth to avoid entry into sewer systems
Larch, pine, and spruce should not be planted close to walkways, streets or buildings
because of their broad base that may become an obstruction as the tree matures.
Therefore, they are not allowed on residential boulevards.
Stock and Canopy Clearance:
All trees shall be single stock and provide a minimum canopy clearance of 7 feet.
Preferred that at least 5 to 7 gallon size trees be planted.
Tree Spacing & Setbacks:
Minimum linear distances between plantings of boulevard trees:
large size tree:
13 - 16 meters apart
medium size trees: 10 - 13 meters apart
small size trees:
7 - 10 meters apart
Minimum linear distances from above and below grade utilities and property lines as
measured from the center of the tree trunk as follows:
Setbacks from corners, curbs, streets, sidewalks ,
signs and other structures
street corners
7.0 m
stop signs
7.0 m
yield signs
7.0 m
all other signs
2.0 m
road and boulevard curbface
1.5 m
alley/driveways/walkways
2.0 m
sidewalk
1.0 m
Setbacks from underground and overhead utilities
fire hydrants
3.0 m
water & sewer lines
3.0 m
street light poles
3.0 m
overhead power lines
2.0 m
telephone, pedestals, gas,
cable lines
2.0 m
Schedule B
Homeowner's Guide to Pruning Public Trees
Public Trees are a valuable aspect of our community. They contribute to the beauty of
our Village and provide many benefits such as improvement of air quality, absorption of
carbon dioxide, energy moderation, storm water retention, wildlife habitat, aesthetics
and general improvement of quality of life. You can help the Village by pruning small
branches on the boulevard tree adjacent to your property. This will help keep Village
trees neat and trim by removing sucker shoots that grow from the bases of the trees,
small damaged branches and small overhanging branches that get in the way of
walking and parking.
Pruning of trees is both an art and science that requires a considerable amount of
knowledge and talent. Significant long-term damage such as wood decay, truck
cracking and branch breakage can occur if a tree is pruned improperly. For this reason,
we have set limits upon the size and height of branches that can be pruned back by
homeowners. These limitations are necessary to prevent injury to both homeowners
and trees.
Pruning
If you would like to conduct minor pruning on the boulevard trees, homeowners are
allowed to prune branches on public trees immediately adjacent to their properties that
are:
new shoots, commonly referred to as sucker shoots, which originate from
the ground near the base of the tree. Only shoots with diameters up to 40
mm (1 ½ in) and are located within 30 cm (12 in) of the ground may be
removed.
overhanging branched that interfere with pedestrian traffic and vehicular
parking. Branches up to 40 mm (1 ½ in) in diameter may be pruned to a
height of 3 m (10 ft) only. Young and establishing trees are excluded from
this allowance (see below).
broken branches up to 40 cm (1 ½ in) in diameter.
other circumstances after discussion with the CAO
Sucker Shoot Removal
Sucker shoots up to 40 mm (1 ½ in) in diameter and located within 30 cm (12 in) of the
ground would be removed as close to the ground as possible using hand pruners or
loppers.
Young Trees
Young trees are those which are less than 5 m (16 ft) in height or which are smaller
than 10 cm (4 in) in diameter when measured 30 cm (12 in) above the ground.
Overhanging, Damaged or Broken Branch Removal
Homeowners can shorten damaged branched, branched that have been broken or
which are hanging low over the ground to provide clearance for pedestrian traffic or
vehicle parking, provided that the proper pruning practices detailed below are followed.
Homeowners are permitted to prune trees where clearance is required up to 3 m (10 ft)
above the road or sidewalk by removing only downward-growing branches smaller than
40 mm (1 ½ in) in diameter. Village staff must be called to attend to branches that are
growing higher than 3 m (10 ft) above the road or sidewalk, branches that are larger
than 40 mm (1 ½ in) in diameter or branches that require removal at the trunk.
Pruning Techniques and Practices
The pruning techniques and practices upon which these guidelines are based are the
current arboricultural standards as outlined in ANSI A300 Part 1 - Tree, Shrub and
Other Woody Plant Maintenance - Standard Practices. Pruning and its companion
publication Best Management Practices: Tree Pruning, published by the International
Society of Arboriculture.
The following standards shall be adhered to:
1.
Proper pruning cuts to be used to shorted branches are:
a. A reduction cut (Figure 1) is to be used to shorten a branch back to a
lateral branch that is large enough to assume the terminal role. Typically,
this lateral branch should be at least 1/3 to ½ the diameter of the removed
portion. At such a size, the lateral branch should be able to produce
enough energy to keep the parent branch alive and enough growth
regulator should be present to suppress excessive sprouting on many
species.
Figure 1. A reduction cut is used to reduce the length of a branch to a lateral branch that is
1/3 to ½ the diameter of the removed branch. In this example, the diameter of the removed
branch is 40 mm and the diameter of an appropriately sized lateral branch should be between
13 and 20 mm.
b. A heading cut (Figure 2) can be used on current year's growth to reduce
the length of a branch or sprout.
Figure 2: A heading cut to be used for shortening one-year old branches
2. All pruning is to take place from the ground using hand pruners (secateurs),
loppers and pole pruners. Use of any type of saw or power tool is not
permitted and ladders are not to be erected on municipal property. Tools are
to be sharp so as to make clean cuts without jagged edges or stubs. Anvil-
type pruning tools, with a blade that cuts to a flat surface, should be avoided
because they crush tissue; tools with bypass (scissors-type) blades are
preferred. Place the blade side of the pruner toward the tree and squeeze the
blade up through or across the branch. Passing the blade down through the
branch can cause the union to split.
3. Pruning tools are to be properly sterilized between each use and between
each tree pruned to reduce the chances of transmitting diseases. Undiluted
methyl hydrate (gas line antifreeze) contained in a spray bottle is
recommended for this use.
4. Wound dressings are not to be applied to pruning cuts. Once thought to
accelerate wound closure and reduce decay, research has shown that these
products do not reduce the spread of decay. Proper pruning cuts are the best
means by which to assist a tree in using its own defenses to close wounds
and barrier off decay.
5. Birch and maple trees should not be pruned in spring until after the end of
June to avoid excessive 'bleeding'. Elm trees shall not be pruned from April 1
to August 1, which is the period during which the beetles that transmit Dutch
elm disease are active.
Responsibility of Homeowners
The Village appreciates the help that it receives from citizens who wish to keep the
boulevard trees trimmed. It is the responsibility of each citizen to follow the guidelines
and pruning techniques detailed in this document. Diversions from these standards will
be considered a breach of the Public Tree Bylaw.
Schedule C
Specified Penalties for an Offence
Section
Description
Specified Penalty
4
planting tree without authorization
$50
12
prune more than a small branch
$100
15
attach object or electrical cord to tree
$100
16
remove bark of tree
$100
17
penetrate the bark of tree
$100
18
things in or on a public tree
$100
19
apply or spray harmful substance to tree
$100
22
remove, move or cut a tree without written
permission
$100
24
accidentally, negligently or willfully damage
$100 + costs