Kingston By-law 2018-15, s. Part 5 — Exemptions - Urban Area and Rural Area

Exemptions - Urban Area and Rural Area

Despite Section 2 of this Bylaw, this Bylaw does not apply to the following activities in the Urban Area and Rural Area of the municipality:

• The Injury or Destruction of a Tree(s) undertaken by a municipality or a local board of a municipality;
• The Injury or Destruction of a Tree(s) undertaken under a license issued under the Crown Forest Sustainability Act, 1994, SO 1994, c. 25;
• The Injury or Destruction of a Tree(s) by a person licensed under the Surveyors Act, RSO 1990, c. S.29 to engage in the practice of cadastral surveying or his or her agent, while making a survey;
• The Injury or Destruction of a Tree(s) imposed after December 31, 2002 as a condition to the approval of a site plan, a plan of subdivision, consent or part lot control under Sections 41, 51 or 53, respectively, of the Planning Act or as a requirement of a site plan agreement or subdivision agreement entered into under those sections;
• The Injury or Destruction of a Tree(s) by a transmitter or distributor, as those terms are defined in Section 2 of the Electricity Act, 1998, SO 1998, c. 15, Schedule A for the purpose of constructing and maintaining a transmission system or a distribution system, as those terms are defined in that section;
• The Injury or Destruction of a Tree(s) undertaken on land described in a license for a pit or quarry or a permit for a wayside pit or wayside quarry issued under the Aggregate Resources Act;
• RSO 1990, c. A.8;
• The Injury or Destruction of a Tree(s) undertaken on land in order to lawfully establish and operate or enlarge any pit or quarry on land, that has not been designated under the Aggregate Resources Act or a predecessor of that Act, and on which a pit or quarry is a permitted land use under a bylaw passed under Section 34 of the Planning Act;
• The Injury or Destruction of a Tree(s) undertaken on land within a Closure Plan which has been acknowledged to have been completed in accordance with the Mining Act by the Ministry of Northern Development and Mines. The Injury of Destruction of a Tree(s) undertaken on land in order to lawfully establish and operate or enlarge any mine on land, that is not identified within a Closure Plan which has been acknowledged to have been completed in accordance with the Mining Act by the Ministry of Northern Development and Mines, and on which a mine is a permitted land use under a bylaw passed under Section 34 of the Planning Act. Pruning necessary to maintain the health and condition of the Tree, provided the pruning is in accordance with Good Arboricultural Practices;
• The Injury or Destruction of a Dead, Diseased, or severely Injured Tree(s), or a portion of such a Tree(s). A letter of opinion confirming the condition of the tree and the need for the removal may be required by a Qualified Person to the satisfaction of the City. Any such Injury or Destruction of a Tree(s) must be conducted in accordance with Good Arboricultural Practices;
• The Injury or Destruction of an Ash Tree(s) (Fraxinus spp.);
• The Injury or Destruction of a Tree(s) as part of Emergency Work;
• The Injury or Destruction of a Tree(s) that are causing, or are likely to cause, structural damage to load-bearing walls or other structures as determined by a Qualified Person;
• The Injury or Destruction of a Tree(s) located within a building or structure, a solarium, a rooftop garden, or an interior courtyard;
• The Injury or Destruction of a Tree(s) required to permit the establishment or extension of a building or structure, including driveways and access routes, provided:
• the proposed use is permitted by the Zoning Bylaw;
• there is no reasonable alternative to the Injury or Destruction;

a Building Permit has been issued for the proposed building or structure or extension; and

no Tree is Destroyed or Injured on City-owned property and no Tree is Destroyed or Injured that is located more than 15 metres from the outer edges of the existing building or structure and the outer edges of the expanded building or structure. The Injury or Destruction of a Tree(s) necessary to install, provide or maintain utilities or public or private water and sanitary sewer infrastructure required for the construction or use of a building or structure for which a Building Permit has been issued; The Injury or Destruction of a Tree(s) that are protected under the Endangered Species Act for which the landowner has obtained approval from the Ontario Ministry of Natural Resources and Forestry to remove the Tree(s); The Injury or Destruction of a Tree(s) located within a cultivated orchard, Tree farm, or Plant Nursery that is being actively managed and harvested for the purposes for which the Trees were planted; The Injury or Destruction of a Tree(s) required as part of the operation of an existing cemetery or golf course; and The Injury or Destruction of a Tree(s) necessary to clear land in accordance with Normal Farm Practice conducted by an Agricultural Operation for its own agricultural purposes. The Injury or Destruction of a Tree(s) located within a Significant Woodland or an Environmental Protection Area may be permitted provided that the activity is associated with a Normal Farm Practice. Whether a farm practice is a Normal Farm Practice shall be determined in accordance with the provisions of the Farming and Food Production Protection Act, including final arbitration by the Farm Practices Protection Board, as required.