|
|
|
|
|
|
|
|
|
|
|
TO: |
Mayor and Members of Council |
|
|
|
|
FROM: |
Jim Baird, Commissioner of Development Services Valerie Shuttleworth, Director of Planning & Urban Design |
|
|
|
|
PREPARED BY: |
Linda
Irvine, Manager, Parks and Open Space Development |
|
|
|
|
DATE OF MEETING: |
2005-March -22 |
|
|
|
|
SUBJECT: |
Delegation
Authority under York Region's New Regional Forest Conservation By-law |
|
|
|
RECOMMENDATION:
THAT the report to Development
Service Committee dated March 22, 2005 entitled “Delegation Authority under
York Region’s New Regional Forest Conservation By-law” be received;
THAT, pursuant to s.135 (10) of the
Municipal Act, 2001, Council delegate its powers to pass a by-law regulating
the destruction or injury of woodlands which are greater than 0.2 hectares and
less than 1 hectare in size to the Region of York, and that the new Regional
Forest Conservation By-law apply to woodlands that are greater than 0.2
hectares (0.5 acres) and less than 1 hectare (2.5 acres) in size within the
Town of Markham;
AND THAT Council enact the
Delegation By-law XXX-05, attached as Appendix A.
PURPOSE:
The purpose of this report is to seek Council’s
authorization to delegate authority to the Region of
York to make their new Regional Forest Conservation By-law applicable to
woodlots from 0.2 hectares to 1 hectare in size within the Town of
BACKGROUND:
In October 2004, Regional Council authorized
regional staff to prepare a draft Forest Conservation By-law and to circulate
it for a 60-day public review and comment period, and to report back to Council
on the results of the final consultation. Furthermore, the Regional Clerk was
directed to circulate the attached report to local municipalities, and to
request that they consider passing resolutions to delegate authority to the
Region to make the by-law applicable to woodlands from 0.2 hectares to 1
hectare in size. Following the 60-day
public comment period, a final draft by-law will be submitted for Regional
Council endorsement in February 2005 and for enactment in April 2005.
OPTIONS/DISCUSSION:
The current Regional Tree By-law was enacted in 1991 under the Trees
Act. Under the Trees Act (now repealed), the Region could protect and regulate
woodlands from 0.2 hectares to 1 hectare in area. The Municipal Act, 2001, authorizes
the Region to prohibit or regulate the destruction or injury of trees in
woodlands that are one hectare or more in area.
Local municipalities now have the authority to regulate woodlands which
are less than one hectare in area.
However, the Municipal Act, 2001, allows a local municipality to
delegate all or part of its power to pass a by-law regulating the destruction
or injury of trees to an upper tier municipality if the upper municipality
agrees. The Region will be able to protect woodlands less than one hectare in
size in the Town of
Under the new Regional by-law, a permit application system is proposed
whereby an application must be made to obtain a permit to cut. Once the new
Forest Conservation By-law is in place, the affected local municipalities will
be advised of individual permit applications as part of the review process.
Staff have reviewed the proposed new Regional Forest Conservation By-law
and recommend that Markham Council delegate authority
to the Region to make their new Regional Forest Conservation By-law applicable
to woodlots from 0.2 hectares (0.5 acres) to 1 hectare (2.5 acres) in size
within the Town of Markham and that a by-law, to delegate authority to the
Region, in a form satisfactory to the Town Solicitor be enacted. By delegating
authority to the Region, the Region will continue with woodland protection and
regulation as it always has. This will provide consistency across the Region
and ease of administration by the Region on behalf of local municipalities.
This approach is consistent with what is being proposed in the Town of
FINANCIAL CONSIDERATIONS:
No financial impact on the Town of
BUSINESS UNITS CONSULTED AND AFFECTED:
Parks Operations, By-laws and Legal Services
has been consulted.
ATTACHMENTS:
Draft Regional Forest Conservation By-law
By-law XXX-05
|
|
|
|
|
Valerie Shuttleworth, M.C.I.P., R.P.P. Director of |
|
Jim Baird, M.C.I.P., R.P.P. Commissioner of Development Services |
Q:\Development\Design\linda\Parks\DSCTreeBylaw2005.doc
