Proposed Amendments to Chapter 331, Trees, of the
Former City of Toronto Municipal Code
The Toronto Community Council recommends the adoption of the following report
(September 1, 1998) from the City Solicitor:
Purpose:
To respond to the request of the Toronto Community Council that the City Solicitor in
consultation with appropriate staff report back to the Toronto Community Council on
September 16, 1998 on proposed amendments to Chapter 331, Trees of the former City of
Toronto Municipal Code, which would resolve joint ownership issues and issues respecting
applications which straddle property lines and on the motion from Councillor Johnston that:
"In respect to trees that straddle property lines Council reinstate the former City of Toronto
Municipal Code provisions that allowed the owner of either property to make an application
to injure or destroy a tree that straddles a property line and allowed the owner of an abutting
property to make an application to injure or destroy a tree on an adjacent property in respect
to a development that would affect the roots or branches of such a tree."
Funding Sources, Financial Implications and Impact Statement:
N/A
Recommendations:
It is recommended that:
(1)Council amend By-law No. 1997-0418 by deleting section 331-13A(6) of Municipal
Code Chapter 331 thereby reinstating the former Municipal Code provision which would
permit the owner of either property where the base of a tree straddles the property line or
where a property is physically impacted by the roots or crown of a tree on adjacent property
to make an application to injure or destroy such tree; and
(2)the City Solicitor be authorized to introduce a by-law in substantially the same form as
the by-law attached to this report.
Council Reference/Background/History:
At its meeting of June 25, 1998 Toronto Community Council had before it a communication
respecting 204-212 Eglinton Avenue East and the resolution of a dispute surrounding the
protection of a 33cm diameter elm tree located on abutting property at 220 Eglinton Avenue
East.
Toronto Community Council requested that the City Solicitor report directly to City Council
on July 8, 1998 on options available to Council to grant an exemption to by-law No.
1997-0418 and to report back to Toronto Community council on September 16, 1998 on
proposed amendments to Chapter 331, Trees of the former City of Toronto Municipal Code
which would resolve joint ownership issues and issues respecting applications which
straddle property lines.
At its meeting of July 31, 1998 City Council adopted by-law No. 610-1998 which provides
an exemption from the requirement that applicants obtain the consent of the adjacent
property owner in circumstances where the base of a tree straddles the property line or
where a property is physically impacted by the roots or crown of a tree on adjacent property,
however, this exemption is only applicable in circumstances where a development
application was approved prior to the adoption of by-law No. 1997-0418 on August 21,
1997.
Comments and/or Discussion and/or Justification:
Prior to the passage of By-law No. 1997-0418 on August 21, 1997, the owner of either
property where the base of a tree straddled the property line or where a property was
physically impacted by the roots or crown of a tree on adjacent property could make an
application to injure or destroy such a tree. By-law No. 1997-0418 removed the right of an
owner in such circumstances to make an application without first obtaining the consent of
the adjacent property owner.
Prior to the passage of By-law 1997-0418 the City Solicitor reported on amendments to
Municipal Code Chapter 331, Trees, that would require joint ownership issues to be
resolved prior to an application being accepted and advised that the Municipal Code
provision in place at the time which allowed for either property owner to make an
application to injure or destroy a tree where the tree straddled the property line had been
adopted by City Council in November 1995 in order to permit applications to be processed
in such situations thereby allowing the development review process to proceed. Prior to this
1995 amendment, several situations had arisen in which neighbours had used the trees
by-law to effectively sterilize abutting properties from development because of the need to
obtain a neighbouring property owner's consent. The 1995 amendment allowed the owner of
an intended development site to submit the necessary application and required that notice be
given to the abutting property owner so that any objections could be made. No consent was
required. The owners of both properties affected by the trees at issue were advised that the
City was dealing with the issue under the trees by-law but was not providing authority for
the owner of a development site to enter onto or otherwise destroy his or her neighbour's
property.
Amending the by-law to allow either owner to make an application will permit applications
to be considered on their merits and result in the tree by-law causing the least possible delay
to development applications. Requiring joint ownership issues to be resolved prior to an
application for the injury/destruction of trees on private property removes the ability of an
owner of a development site to move an application forward until the consent of the abutting
property owner has been obtained and can result in substantial delays in the processing of
development applications, thereby allowing an objecting property owner to effectively
sterilize an abutting property from development.
Given the added benefit that having applications move forward forces property owners to
consider each other's position and attempt to resolve the issues respecting such trees in a
timely way, while still giving Council the opportunity to consider each case on its merits, it
is appropriate for Council to consider amending the by-law to remove the consent
requirement.
Conclusions:
If Council wishes to reinstate the former City of Toronto Municipal Code provisions, in
place prior to the adoption of by-law 1997-0418 which permitted the owner of either
property to make an application to injure or destroy a tree that straddles a property line or
where the roots or branches of a tree will be injured or destroyed as a result of development
on an adjacent property the appropriate course of action would be to amend by-law
1997-0418 by deleting Municipal Code S. 331-13A(6).
Contact Name:
Jasmine Stein, (tel. 392-7226)
--------
Authority: Toronto Community Council Report No.
Adopted by City Council on
Intended for first presentation to Council:
Adopted by Council:
CITY OF TORONTO
DRAFT BY-LAW No.
To amend the former City of Toronto Municipal Code Chapter 331, Trees, Article III
respecting trees that straddle property lines.
The Council of the City of Toronto HEREBY ENACTS as follows:
1.Municipal Code Chapter 331, Trees, Article III of the former City of Toronto is amended
by:
A.Deleting Subsection 331-13A(6)
ENACTED AND PASSED THIS Day of , A.D. 1998.
______________________________________________________
MayorCity Clerk
--------
The Toronto Community Council reports, for the information of Council, having also had
before it during consideration of the foregoing matter, the following clauses, and a copy
thereof is on file in the office of the City Clerk:
-Clause 17, contained in Report No. 11 of the Neighbourhoods Committee of the former
City of Toronto, titled "Municipal Code - Trees - Chapter 331, Article III - Injury of
Destruction of Trees in Defined Areas", which was adopted, as amended by City Council at
its meeting on August 21, 1997; and
-Clause 2 of the Toronto Community Council Report No. 8, titled "Committee of
Adjustment Application - 204, 212 Eglinton East (North Toronto), which was adopted by
the Council of the City of Toronto at its meeting held on July 8, 9 and 10, 1998.