Niagara-on-the-Lake Urban Tree Bylaw Community Engagement Overview
Agenda Project Background Engagement Activities What We Heard Questions
Project Background
Project Background On June 5, 2017 the Community and Development Advisory Committee recommended that: Council direct staff to hire a facilitator to engage in a public • consultation process to determine the need for a Private Tree By- law. Lura Consulting was retained to conduct this public consultation.
Potential By-law – Where it Would Apply
Engagement Activities
Community Engagement February to April of 2018 Over 600 residents and stakeholders engaged Public Engagement Activities: ▪ Online Survey ▪ February 19 to April 19, 2018 – 358 responses ▪ Online Comments ▪ 43 comments posted ▪ Open House ▪ April 12 (2:00pm to 4:00pm, 6:00pm to 8:00pm) – 200 attendees
Community Engagement Stakeholder Interviews: • Niagara Peninsula Conservation Authority • Niagara Homebuilders Association • Niagara-on-the-Lake Hydro • Niagara-on-the-Lake Conservancy • Niagara-on-the-Lake Municipal Heritage Committee • Niagara Chamber of Commerce • Niagara-on-the-Lake Urban Design Committee • City Staff • Queenston Residents Association
What We Heard: Online Engagement & Open House
What We Heard: Online Survey & Open House Should the Town consider introducing a by-law to preserve and protect trees on private property within the Town’s urban areas? Yes – 88.5% No – 9% Unsure – 2.5%
What We Heard: Online Survey & Open House The removal of trees on private property should only be authorized by a permit, with some exceptions, issued under a by-law. Strongly Agree – 69.8% Somewhat Agree – 18.7% Somewhat Disagree – 2.5% Strongly Disagree – 8.1% Not Sure – 0.9%
What We Heard: Online Survey & Open House The approved permit should be posted publicly before the tree is removed. * Some comments made Strongly Agree – 71.5% regarding the cost of hiring Somewhat Agree – 16.5% arborists and who would be Somewhat Disagree – 2.7% responsible for the bill. Strongly Disagree – 8.3% Not Sure – 0.9%
What We Heard: Online Survey & Open House The approved permit should be posted publicly before the tree is removed. * Some comments regarding the Strongly Agree – 60.9% dependence of where the tree Somewhat Agree – 17.6% was, how many trees were being Somewhat Disagree – 7.2% removed and the state of the tree, as well as publicly posting Strongly Disagree – 11.5% online rather than physically. Not Sure – 2.7%
What We Heard: Online Survey & Open House If a tree is approved for removal on private property, a replacement tree (or trees) should be planted on the property, or another location approved by the town. Strongly Agree – 66.4% Somewhat Agree – 20.2% Somewhat Disagree – 4.1% Strongly Disagree – 7.5% Not Sure – 1.8%
What We Heard: Online Survey & Open House The by-law should include penalties to encourage compliance with the by-law. Comments from open house participants: Strongly Agree – 81% • The penalties must be strong in order to Somewhat Agree – 9.5% change behaviour; Somewhat Disagree – 1.6% • Without penalties there will be little/no compliance; and Strongly Disagree – 7.2% • Fees should not be a cost of Not Sure – 0.6% development .
What We Heard: Online Survey & Open House There should be an appeal process if a permit to remove a tree is not approved. Comments from open house participants: Strongly Agree – 48.7% • Questions as to who appeals would be Somewhat Agree – 36.6% directed to; Somewhat Disagree – 5% • The appeal process should be for factual and rational arguments; and Strongly Disagree – 7.4% • The permit process should be sufficient Not Sure – 2.3% (opposed to appeals).
What We Heard: Online Survey & Open House Which expectations are reasonable for the Town to consider as part of the potential by-law? 100% 90% Percentage of Respondants 80% 70% 60% 50% 40% 30% 20% 10% 0% Tree location Tree size Number of Tree species Tree health Other on the property trees Tree Health – 90.6% Tree Size – 63% Tree Species – 58.4% Tree Location – 32.5% Number of Trees – 25.3%
What We Heard: Online Survey & Open House Should the exceptions be verified through the application process? Respondents who attended the public Yes – 82.6% meeting commented on the question. The No – 8.4% key themes from their comments were that Not Sure – 9% an expert or arborist should be involved, and it should be a part of the process. Other respondents commented that there should be no exceptions.
What We Heard: Online Survey & Open House How should the Town encourage the replacement of trees removed from private property? 3 2.5 2 Average Ranking 1.5 1 0.5 0 Require the replacement of Provide incentives to promote Accept donations or cash-in-lieu similar native tree(s) from an replanting larger, more mature to replant tree(s) in other approved list trees locations
What We Heard: Online Survey & Open House How should the Town encourage the replacement of trees removed from private property? Accept donations or cash-in-lieu to replant tree(s) in other locations Provide incentives to promote replanting larger, more mature trees Require the replacement of similar native tree(s) from an approved list 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Ranking Percentage of Respondants 1 2 3 Accept donations or cash-in-lieu to replant tree(s) in other locations – First Choice – 9.3% Provide incentives to promote replanting larger , more mature trees – First Choice - 32.2% Require the replacement of similar native tree(s) from an approved list – First Choice - 70.8%
What We Heard: Online Survey & Open House How should the cost of protecting trees, including administration, enforcement and education of the potential by-law be covered? Shared by all tax payers Through fees for removal permits and/or inspections Other 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Percentage of Respondants Shared by all tax payers – 49.6% Through fees for removal permits and/or inspections – 42.6% Other – 7.9%
What We Heard: Online Survey & Open House How should this information be shared with community members, specifically property owners and developers? 100% 90% 80% Percent of Respondants 70% 60% 50% 40% 30% 20% 10% 0% Town website Councillor's Office Newspaper Radio Public Meeting Social Media Other Town Website – 92.2% Newspaper – 79.1% Social Media – 56.7% Public Meeting – 55.6% Councillor’s Office – 33% Radio – 16.8%
Respondent Profile – Online Survey Place of Residence Glendale Old Town Queenston Rural Niagara-on-the-Lake St. Davids Virgil 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Respondent Profile – Online Survey Age 18-29 30-49 50-69 70+ 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
What We Heard: Stakeholder Interviews
What We Heard: Stakeholder Interviews Should the Town consider introducing a by-law to preserve and protect trees on private property within the Town’s urban areas? The majority of stakeholders said the City should have a by-law to preserve • trees on private property A by-law is seen as a way to protect the environmental, economic and • aesthetic benefits that trees provide
What We Heard: Stakeholder Interviews What are the pros and cons of introducing a Private Tree By-Law? Pros: Cons: • Maintain and protect canopy • Program cost • Alignment with the strategic plan • Property rights • Prevent developers from • Enforcement clearcutting • Disruption to utility corridor • Promote biodiversity maintenance • Enhance quality of life • Unreasonable expectations • Improve neighbourhood regarding tree maintenance aesthetic/increase property values • Improve water quality and quantity • Improve air quality • Lead to home energy savings
What We Heard: Stakeholder Interviews Should an inventory of urban trees be completed to inform the Town’s understanding of its urban tree canopy? Pro – inventory should be completed to track canopy and ensure trees are • not being cut down without a permit. Pro – part of asset management. • Con – Time consuming and unnecessary. • Town could put the by-law in place and then focus on tracking its urban • canopy. Detail of such an inventory would need to be determined. •
What We Heard: Stakeholder Interviews Permits, issued under a by-law, are used by several other municipalities to regulate the removal of trees on private property. Are permits an appropriate option in Niagara-on-the-Lake? Agreement that a permit process should be developed. • Should be clearly worded and easy-to-understand. • Informed by other municipal examples. • Allow for a blanket permit for certain organizations. •
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