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<p>Dear Michelle, I am a tree activist who lives in a neighbourhood in Ottawa that once had 25 mature, healthy bur oak trees. These trees were not planted by human hands. They exist as descendants of a natural oak forest along the banks of the Ottawa River, less than 7 km west of Parliament Hill. When original homeowners built houses in this neighbourhood in the late 1940s, they left these trees in place, which is why many are in backyards or side yards, adjacent to municipal rights-of way. They were not planted by the city, but by squirrels. However, these bur oaks meet the City's criteria of being more than 50 cm (diameter at breast height) DBH and are thus slated for what is jocularly called "conservation" in this municipality. Some of these bur oaks are 1.1 or 1.2 metres DBH. They are older than the country that is marking 150 years as a nation-state. Much older. </p>
<p>Thanks to infill development and the laxity of enforcement of a city tree conservation by-law that's been on the books since 2009, there are now 20 bur oaks left standing. The co-chair of our community association calls what's happening in our neighbourhood<strong><em> an extinctio</em><em>n </em><em>event for mature trees</em></strong>. This is because mature black walnuts, silver maples and conifers have also been destroyed, despite meeting the criteria set out in a by-law that is supposed to "conserve" them. </p>
<p>For me, this all started 7 years ago with one tree.</p>
<p>In 2010, in accordance with the City of Ottawa's infill development policy (a lynchpin of this city's official plan), a developer applied to destroy what the city's <a href="http://documents.ottawa.ca/en/node/6057">Urban Tree Conservation By-law </a>calls a "distinctive" tree (more than 50 cm DBH). The by-law applies to trees on private property. [Please note: A different by-law applies to trees on municipal property. It is called the <a href="http://ottawa.ca/en/municipal-trees-and-natural-areas-protection-law-no-2006-279#municipal-trees-law-no-2006-279">Municipal trees and natural areas protection </a>by-law. I'll have more to say about it later.]</p>
<p>The tree was a massive bur oak, which people in our neighbourhood came to understand was a grandmother tree that we really ought to fight for. A group of about 12 people created The Champlain Oaks project. <a href="http://www.champlainoaks.com/">http://www.champlainoaks.com/</a> Our website chronicles the citizenry's frustration with how deforestation is occurring in areas targeted by the city's infill project. In residential neighbourhoods west of the downtown core, where trendy business areas have sprung up on arterial roads, developers have found that the city's infill policy gives them carte blanche to build massive (sometimes 3-storey and always wall-to-wall-to wall in size) homes on properties zoned R2 (doubles permitted). In one instance, where once stood a white bungalow surrounded by trees and hedges now sit 3 tall, boxy infill homes. Think of the profit! During the clear cutting that occurred so these houses could be built, a man working alone to cut the upper branches of a large maple tree slated for removal fell and later died in hospital. </p>
<p>In 2014, the lack of enforcement of this by-law affecting trees on private property spawned Big Trees of Kitchissippi, a ward-wide group with reps from 9 community associations and community groups. It came into being the fall of that year during a municipal election campaign. Its goal was to put the issue of tree conservation (and lack thereof) in the face of infill development onto the political agenda. The councillor elected that year has been an ally and advocate.</p>
<p>Michelle, I know that your question focused on trees growing on municipal property. In this part of Ottawa, which one of my colleagues in the activism world has called The Wild West (<a href="http://newswest.org/easyread/archives/3630">http://newswest.org/easyread/archives/3630</a>), we often see trees on the municipal right of way or on the periphery of corner lots being damaged by infill development. As residents, we call the city and report these abuses. One such call in 2015 on the street where I live resulted in the city erecting a sign on a fence mandated by the city to protect this tree on municipal property <a href="http://www.champlainoaks.com/2015/08/a-sign-for-the-times/">http://www.champlainoaks.com/2015/08/a-sign-for-the-times/</a> </p>
<p>So poorly is Ottawa's by-law affecting private property enforced that the community association in our neighbourhood had to create <em><strong>its own sign</strong></em> to describe the rudiments of tree protection. Our community association's co-chair, Heather Pearl, insisted that the developer of a certain property fence off a silver maple and post a sign so contractors would know the "rules of the game." In 2014, I prepared a slide presentation showing how two silver maples on a prominent corner in our neighbourhood were decimated by an infill developer's huge footprint design and by his cunning. Here's a slide show that chronicles this debacle, including the home-made sign that our community association's co-chair created and erected as a way to protect one of those trees <a href="https://vimeo.com/113501497">https://vimeo.com/113501497</a> She did this in the face of no action from the city's forestry branch. </p>
<p>In our neighbourhood, here's how the "game" has evolved since 2010. Nowadays, infill developers agree to <strong>protect distinctive trees</strong>, rather than destroying them. This means they don't have to pay the city for a permit to destroy trees. <strong>The city of ottawa refuses to issue permits to injure a tree, or to set up a process to manage proposed injuries.</strong> (Toronto has done this quite handily, as was outlined by someone in a recent post to this list. I urge Saskatoon to follow Toronto's example.) I find this to be an egregious form of non-action because Ottawa's by-law for private property clearly covers both injury (damage) and destruction of trees more than 50 cm DBH in the urban core. </p>
<p>What is the fate of the two trees profiled in the 2014 Vimeo slide presentation (link above)? The one in the side yard is still standing. My opinion is that it will die within 3 or 4 years. I has had 1/2 its root mass and much of its crown removed. I hug it and pray for it every time I pass by. The people who might buy the new home that is 3 meters from the tree will probably not know what it has been through; if it has to be removed, they will pay the cost of doing so. </p>
<p>The second tree, in the backyard, has been the subject of much scrutiny. In the fall of 2016, the city ordered the developer to destroy it after trenching for posts to build a 2-storey deck destabilized the tree. It was deemed a hazard to nearby buildings. Forestry staff issued a bylaw infraction notice to the developer. This is something I applaud, but the court process is so long and the justice of the peace who hears the case can be so uninformed that only minimum fines are assessed. As activists, we have tried to follow these infractions through the court system; they are adjourned time and again. At one time, there were 4 such infractions related to damaged or destroyed trees in our neighbourhood alone. A staff person in our city councillor's office is attempting to keep track of them but he is also frustrated by the ongoing postponements. It's good that the city is finally prosecuting for infractions under the by-law. They have yet, however, to issue a stop-work order on any property where a tree was being damaged. The by-law provides for this. Why not stop the damage from occurring? It seems there is no appetite for this. </p>
<p>On the other hand, and on a larger scale, the city of ottawa has a healthy appetite to allow clear-cutting of an old growth tract of land so a suburban development can occur in Kanata, a suburb farther west and even wilder than our core neighbourhood's wild west. </p>
<p><a href="http://www.ottawacommunitynews.com/news-story/7054073-tree-cutting-begins-on-knl-lands/">http://www.ottawacommunitynews.com/news-story/7054073-tree-cutting-begins-on-knl-lands/</a></p>
<p>A petition launched by people linked to the Greenspace Alliance (a local environmental group) on Sunday has garnered almost 800 signatures in less than 48 hours <a href="https://secure.avaaz.org/en/petition/Ottawa_Mayor_Jim_Watson_Stop_the_killing_and_maiming_of_animals_in_Kanata_North/?emrcJab">https://secure.avaaz.org/en/petition/Ottawa_Mayor_Jim_Watson_Stop_the_killing_and_maiming_of_animals_in_Kanata_North/?emrcJab</a></p>
<p>Maybe some of you would like to sign it? </p>
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<br />From: "Chartier, Michelle (CY - Parks) via CANUFNET" <canufnet@list.web.net>
<br />Date: January 16, 2017 at 2:47 PM
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<p class="ox-108537da77-MsoNormal"><span style="font-size: 12.0pt; font-family: 'Arial',sans-serif;">Hi all, </span></p>
<p class="ox-108537da77-MsoNormal"><span style="font-size: 12.0pt; font-family: 'Arial',sans-serif;"> </span></p>
<p class="ox-108537da77-MsoNormal"><span style="font-size: 12.0pt; font-family: 'Arial',sans-serif;">I’m trying to track down samples of city policies or bylaws related to tree protection that effectively balance the protection of established trees and new in-fill building. Saskatoon is currently seeing several large building projects and homes being built in established neighbourhoods where the work site is surrounded by large valuable City trees. We currently have a City Council policy in place that provide Urban Forestry with direction related to tree protection. As part of this policy we do not remove large (>15cm” diameter) healthy trees for development. However we are finding ourselves in a difficult position of attempting to work with construction companies hired to build what does not reasonably allow for preservation or protection of the existing tree(s). In some cases the building footprint requires excavation that will result in ~40%-50% root removal. Often the damage is done on the private property side when our City trees are close to property lines or in some cases straddle property lines (funny how tree roots just don’t respect property lines). </span></p>
<p class="ox-108537da77-MsoNormal"><span style="font-size: 12.0pt; font-family: 'Arial',sans-serif;"> </span></p>
<p class="ox-108537da77-MsoNormal"><span style="font-size: 12.0pt; font-family: 'Arial',sans-serif;">I know there are several cities that have tree protection bylaws and some also protect private trees. I’m wondering if anyone knows of a really good example that might include standards that include what can and can’t be done on private property adjacent to City trees. I’d also like to know if anyone can share their experience or views (what has worked and what hasn’t worked) with existing Bylaw or policies.</span></p>
<p class="ox-108537da77-MsoNormal"><span style="font-size: 12.0pt; font-family: 'Arial',sans-serif;"> </span></p>
<p class="ox-108537da77-MsoNormal"><span style="font-size: 12.0pt; font-family: 'Arial',sans-serif;">Thanks, </span></p>
<p class="ox-108537da77-MsoNormal"><span style="font-size: 12.0pt; font-family: 'Arial',sans-serif;"> </span></p>
<p class="ox-108537da77-MsoNormal"><span style="font-size: 12.0pt; font-family: 'Arial',sans-serif;"> </span></p>
<p class="ox-108537da77-MsoNormal"><span style="font-family: 'Arial',sans-serif; color: black;">Michelle Chartier</span></p>
<p class="ox-108537da77-MsoNormal"><span style="font-family: 'Arial',sans-serif; color: black;">City of Saskatoon </span></p>
<p class="ox-108537da77-MsoNormal"><span style="font-family: 'Arial',sans-serif; color: black;">Community Services, Parks Division</span></p>
<p class="ox-108537da77-MsoNormal"><span style="font-family: 'Arial',sans-serif; color: black;">Superintendent - Urban Forestry/Pest Management</span></p>
<p class="ox-108537da77-MsoNormal"><span style="font-family: 'Arial',sans-serif; color: black;">Ph: 306.975-2537 Fax: 306.975.3034</span></p>
<p class="ox-108537da77-MsoNormal"><span style="font-family: 'Arial',sans-serif;">michelle.chartier@saskatoon.ca</span></p>
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