HomeMy Public PortalAboutBy-Law 2019-09 Adopt a Policy to Protect and Enhance Tree Canopy and Natural VegetationCORPORATION OF THE MUNICIPALITY OF TWEED
BY-LAW NO. 2019-09
A By-law to adopt a policy with respect to the manner in which the Corporation of the
Municipality of Tweed will protect and enhance the Tree Canopy and Natural Vegetation
in the Municipality.
WHEREAS the Municipal Act, 2001, S.O. 2001, c.25 provides that every municipality
shall establish policies with respect to the manner in which it will protect and enhance the
tree canopy and natural vegetation in the municipality;
AND WHEREAS the tree canopy and vegetation in the Municipality of Tweed are
protected by the County's Official Plan;
NOW THEREFORE the Council of the Corporation of the Municipality of Tweed orders
and enacts as follows:
1. THAT the Council of the Municipality of Tweed hereby confirm that the policies
set out in Sections 4.3, 4.3.5, 5.10, 7.9.5 and 7.10 of the Official Plan, as
identified in Schedule 'A' attached hereto, shall constitute the policy as required
by Section 270(1)7 of the Municipal Act, 2001;
2. THAT the Policy attached hereto as Schedule "A" constitutes an integral part
thereof;
3. THAT this By-law shall come into effect on March 13, 2019.
Read a first and second time this 13th day of March, 2019.
Read a third and final time, passed, signed and sealed in open Council this 13th day of
March, 2019.
Sul SI s?/ --
MA R
Schedule 'A' to By-law 2019-09
4.3 Natural Heritage Features and Areas
4.3.1 Natural Heritage System
4.3.1.1A natural heritage system is a system made up of natural heritage
features, areas, and linkages intended to provide connectivity and support
natural processes which are necessary to maintain biological and
geological diversity, natural functions, viable populations of indigenous
species, and ecosystems.
4.3.1.2The County's Natural Heritage System is comprised of Areas of Natural
and Scientific Interest (ANSIs), Significant Wildlife Habitat, Floodplains,
Parks and Conservation Reserves and Areas, Local and Provincially
Significant Wetlands, Significant Valleylands, and Significant Woodlands.
These features are all shown on Appendix 6 — Natural Heritage System.
The linkages shown on Appendix 6 — Natural Heritage System are
conceptual; however, the County encourages the maintenance,
restoration, or improvements of these linkage areas to promote them as
natural connections between the features of the Natural Heritage System.
4.3.1.3The County's natural heritage resources are valuable and finely balanced.
They have a finite capacity to support development and land use change.
4.3.1.4The importance of and the need for stewardship, restoration and
protection of the natural heritage system should be promoted through
education and outreach activities in conjunction with Conservation
Authorities, Stewardship Councils and other appropriate agencies (i.e.
land trusts).
4.3.5 Significant Woodlands and Valleylands
4.3.5.1 Woodlands are treed areas that provide environmental and economic
benefits to both private landowners and the general public, such as
erosion prevention, hydrological and nutrient cycling, provision of clean air
and long term storage of carbon, provision of wildlife habitat, outdoor
recreational opportunities, and the sustainable harvest of a wide range of
woodland products.
4.3.5.2 Significant woodlands, consisting of approximately 25,835 hectares of
land, are located in Ecoregion 6E or the boundary between Ecoregion 6E
and 5E and have been mapped on Natural Heritage Features and Areas
Schedule OP -B to this Plan having been determined to meet any one or
all of the following criteria:
a) The woodland size is equal to or greater than 50 hectares (123 ac.);
b) The woodland is adjacent to/or within 30 metres, of a major water
body; or,
c) The woodland is part of, adjacent to/or within 30 metres, of an ANSI
(Life Science Area).
4.3.5.5 Development and site alteration shall not be permitted in significant
woodlands or significant valleylands identified on Schedule OP -B to this
Plan or on adjacent lands within 120 metres of the natural features unless
it has been determined in an approved Environmental Impact Statement
(EIS) pursuant to Part A — Section 7.8.6 of this Plan that there will be no
negative impacts on the natural features or associated ecological
functions. The removal of vegetation shall be minimized within significant
woodlands and valleylands and adjacent lands. The preparation and
implementation of forest management plans is encouraged for significant
woodlands and valleylands.
4.3.5.6 The addition or expansion of significant. woodlands and valleylands may
be undertaken as per Natural Heritage Resource Manual criteria. Where a
development is deemed to have the potential to be located within or
adjacent to and/or impact upon a significant woodland or valleyland, the
owner/proponent may be required to retain a qualified person to undertake
a site evaluation report in accordance with Part A - Section 7.8.8 of this
Plan. Where potential significant woodland or valleyland is identified or
confirmed, a more detailed Environmental Impact Statement (EIS) may be
required in accordance with Part A - Section 7.8.6 of this Plan prior to
obtaining any necessary planning approvals. The results of the reports or
studies shall be implemented as appropriate through such mechanisms as
the zoning by-law, development agreement, site plan agreement and/or
conditions of approval.
5.10 Forestry — Bio-Economy
5.10.1 Forestry management uses include the protection, cultivation,
management and harvesting of timber on private land and public lands,
including but not limited to municipal lands, Conservation Agreement
Forests, conservation reserves, conservation areas and Crown Lands.
5.10.2 Forestry management is acknowledged as a renewable, sustainable and
priority resource for current and future generations. The forestry industry
has played a central role in shaping settlement and is recognized as a
major employer in the County, bringing in new money with its exports.
5.10.3 Today, although the extent of mature timber is less than in past
generations, some of the largest contiguous stands of hardwood forests in
southern Ontario are located in Hastings County. Forested areas provide
an environment for the maintaining or improving of air quality, regulating
water quality and quantity, soil conservation and erosion control; as well
as supporting natural heritage systems such as wildlife habitat.
5.10.4 Forestry, including harvesting, sound forestry management and re-
forestation practices, is a permitted activity in all land use designations,
subject to the policies herein.
5.10.5 Forestry related industry such as sawmills and fuel wood operations are
encouraged to be located in the Rural Designation and zoned
appropriately where conflicts with neighbouring uses of land will be
avoided as much as possible. Demonstration woodlots are encouraged,
particularly where the diversity of the County's natural heritage can be
represented.
5.10.6 The establishment and enforcement of a sustainable forestry by-law
pursuant to the Municipal Act by the County or any of its Member
Municipalities can provide a means to ensure a long-term, sustainable
growth and management of the forest industry. Principles and content of
a future by-law(s) could include, but are not necessarily be limited to, the
following:
a) Focusing on the large and contiguously forested areas and the
significant commercial harvesting of them;
b) Establishing generally accepted good forestry practices, or diameter
limit cutting;
c) Requiring compliance to established MNRF guidelines and
standards;
d) Requiring the establishment and implementation of a sustainable
harvesting plan, completed by a professional forester, for forested
areas greater than 4 hectares in area to be cut over a 365 day
period;
e) The identification and management of species of concern, such as
the American Butternut;
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9)
The retention of forest cover along stream banks and river valleys in
order to establish an approximate width of 30 metres between the
development area and the shoreline or stream bank; and,
Prohibition of intensive tree harvesting (high -grading) in areas that
are:
i) Significant wildlife habitat and natural heritage areas
designated Environmental Protection, including Provincially
Significant Wetlands, within this Plan;
ii) Locations abutting sensitive water bodies, including cold
water lakes, particularly along steep slopes; a minimum
width of 30 metres between the harvest area and the
shoreline or stream banks is to be encouraged;
iii) Scenic routes or prominent outdoor recreational areas; and,
iv) Woodlots that may be evaluated in the future as being
significant.
5.10.7 The forest industry can pursue various economic opportunities within the
local, regional and global economies and promote its industry and
practices in various manners, including:
a) Researching, producing and exporting forest biomass products and
facilities;
b) Developing district heating systems obtained from a cogeneration
plant burning biomass;
c) Practicing and educating consumers and woodlot owners regarding
sustainable forest practices that are environmentally sensitive and
carbon neutral;
d) Determining the prospects for value-added processing and
opportunities to generate more revenue;
e) Capitalizing on expanding/recovering local and regional markets for
traditional primary and secondary forest products; and,
Creating greater awareness of the forestry industry's history and
contributions to the County economy via the establishment of a
logging museum or tourist information kiosks along recreational
trails.
5.10.8 Where appropriate the County should support Land Trusts and
Conservation Authorities and explore opportunities for the purchase of
significant or large tracts of forested lands so that the associated
landscape, natural heritage areas and livelihood of the existing forests can
be held in public trust and sustained for future generations.
5.10.9 Member Municipalities should ensure that development on land adjacent
to Crown Land is compatible with forestry operations.
7.9.5 Site Alteration and Tree Conservation By-law
7.9.5.1 Member Municipalities may pass by-laws to prohibit or regulate the
destruction or injuring of trees, require that a permit be obtained to injure
or destroy trees, and impose conditions to a permit pursuant to the
Municipal Act (Section 135).
7.9.5.2 The County may pass a by-law pursuant to the Municipal Act (Section
135) to prohibit or regulate the destruction or injuring of trees in woodlands
as defined in the Forestry Act that are one hectare or more in area.
7.10 Climate Change Strategies
7.10.2 The County and its Member Municipalities should review plans of
subdivision, plans of condominium and site plan applications and
implementing agreements for building and design features that can
mitigate and/or adapt to climate change such as the following:
a) Tree planting, landscaping and innovative green spaces to reduce
energy use through shading and sheltering and protect buildings
and infrastructure from the effects of excessive wind and sun;
7.10.3 Planning policies and best practices already addressed within this Plan
and the Urban Communities Secondary Plan provide a foundation toward
addressing climate change and realizing the ecological benefits provided
by nature. These policies include, but are not limited to, the following:
a) Manage forest resources and trees in a manner that enhances their
quality, quantity and sustainability over time.
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