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1.
This Policy is made pursuant to section 63 of the Municipal Government Act
respecting trees within the municipal boundaries of the Town of Truro.
2.
The Town will employ a designated, qualified Urban Forestry Coordinator.
3.
The Town will establish and maintain a Tree Committee as an advisory body to
the Urban Forestry Coordinator and Town Council. The role of the Tree
Committee includes the following:
(a)
To make recommendations to Council regarding programs or policy
initiatives relating to tree and forest management in the Town;
(b)
To provide advice to the Urban Forestry Coordinator regarding his/her
responsibilities. The Tree Committee shall not direct the activities of the
Urban
Forestry
Coordinator,
but
shall
make
suggestions
and
recommendations.
4.
The Urban Forestry Coordinator shall report to Council through the Director of
Public Works, and shall provide information and advice to the Tree Committee.
5.
The Tree Committee shall report to Council.
6.
The Tree Committee shall consist of:
(a)
The Director of Public Works;
(b)
The Urban Forestry Coordinator;
(c)
A Town Councillor;
(d)
A maximum of 6 citizens appointed by Council;
The term of the citizen appointees shall be at the discretion of Council. In
appointing citizen representatives to the Tree Committee, a candidate's
specialized knowledge or skills relating to the Tree Committee's functions hall be
a relevant consideration.
7.
It is a policy of the Town to:
(a)
Remove dead, dying or diseased trees on public and private property; and
Town of Truro - Policy & Procedure Manual
Subject:
Policy on Trees, the Tree Committee and the Urban Forestry
Coordinator
Policy Number:
P150-001
Approval Date:
January 7, 2013
Departments:
Public Works Department
(b)
Recommend and encourage
(i)
The proper pruning, protection and repair of privately owned trees
in the Town;
(ii)
The planting of trees of suitable species at desirable sites within
the Town.
(c)
Develop guidelines and advice for those conducting work in the vicinity of
trees as recommended by current tree care industry best management
practices;
(d)
Review development plans and agreements to provide recommendations
regarding landscaping, tree and forest issues;
(e)
Implement planting programs to enhance tree canopy cover within the
Town of Truro to maximize the benefits to the Town and its citizens in
terms of storm water attenuation, reduction in urban warming (heat island
effect) and improvement of air quality.
8.
The Town shall not remove trees from private property unless the owner has
granted written permission or an order requiring the removal of the tree has been
issued.
9.
Council hereby authorizes the Urban Forestry Coordinator and/or other
designated employees to enter upon land within the Town to inspect the trees to
determine whether they are in a diseased condition or damaged to the extent that
they constitute a hazard to the safety of persons or property.
10.
The Town may remove hazardous, diseased, and/or insect infested trees from
private property that overhang the public right-of-way, when it is able to obtain
the property owner's written consent to do so or an order requiring the removal of
the tree has been issued.
11.
(a)
Council hereby authorizes the Urban Forestry Coordinator and/or other
designated employees to order an owner of land, within thirty days of services of
a copy of the order, to remove a tree, shrub or limb that is, in the opinion of the
Urban Forestry Coordinator and/or other designated employees:
(i)
So affected by disease or insect infestation as to endanger the life
and health of trees in the vicinity; or
(ii)
Hazardous to persons or property;
(b)
Examples of trees, shrubs or limbs that may be hazardous to persons or
property are trees, shrubs or limbs that project into the sidewalk or street which
may hit a pedestrian, strike snow-removal equipment, or obstruct the view of a
motorist.
12.
An order issued under paragraph 11 of this Policy must contain a description of
the location of the tree or limb directed to be removed and a copy of the order
must be served upon the owner of the land.
13.
If an owner fails to remove a tree or limb described in an order issued under
paragraph 11 of this Policy, within 30 days of service of a copy of the order, a
person authorized by the Urban Forestry Coordinator and/or other designated
employee may enter upon the land upon which the tree or limb is situate, without
warrant or other legal process, and remove the tree or limb.
14.
The actual cost of the removal of the tree or limb pursuant to paragraph 13 above
is to be recovered as a debt from the owner of the land upon which it was located,
and is a first lien on the real property of the owner of the land and may be
collected in the same manner as taxes.
15.
The Town adopts as policy all of the provisions of section 63 of the Municipal
Government Act, and its employees shall follow the law and procedures set forth
therein.