Tree Preservation

Legislative History: Enacted September 19, 2017 (By-law No. CPOL.-168-420); Amended June 26, 2018 (By-law No. CPOL.-336-327)

Last Review Date: July 25, 2023

Service Area Lead: Director, Planning and Development

1. Policy Statement

To promote the preservation of wooded areas through the subdivision development process where these areas are appropriate for retention as public open space or where they can be retained on privately-owned lands in an economically-viable and reasonable manner.

2. Definitions

Not applicable.

3. Applicability

All applications or proposals for draft plan of subdivision approval submitted to the City of London shall be reviewed by Planning and Development.

4. The Policy

i) It is the expectation of the City of London that no trees will be removed from sites proposed for subdivision development prior to City Council's consideration of the subdivision application.

ii) All applications or proposals for draft plan of subdivision approval submitted to the City of London shall be reviewed by Planning and Development.

iii) Criteria for determining the applicability of a tree preservation program shall be as follows:

• the proposed plan of subdivision contains a wooded area in excess of 0.4 hectares (1 acre) in size; or,
• the proposed plan of subdivision contains a wooded area contiguous to public open space, or to a wooded area on adjacent lands having a total size in excess of 0.4 hectares (1 acre); or,
• the proposed plan of subdivision contains a tree stand(s) of less than 0.4 hectares (1 acre) in size that includes trees which, in the opinion of Planning and Development may be viable for and worthy of preservation according to their location, species, health and age.

iv) Where it has been determined that a proposed plan of subdivision will be subject to a tree preservation program, the subdivider will be required to submit to Planning and Development, prior to the consideration of the application by the Planning & Environment Committee, a tree survey and botanical analysis prepared by a qualified consultant, usually a professional arborist, ecologist or landscape architect. The tree survey and botanical analysis shall include:

• a plan accurately delineating wooded areas and smaller tree stands containing significant trees (trees in excess of 60 mm. (2.4 in.) calibre measured 1 m (3.3 ft.) above ground, as well as major shrub groupings, prepared at the same scale as the proposed draft plan of subdivision;
• A general description of the wooded area(s) including species composition, age, vigour, soil, drainage, topographic characteristics, and degree of disturbance. The identification of individual trees in the wooded area is not required unless the consultant is of the opinion that there are unusual species or significant specimens worthy of noting;
• an assessment of the existing health of the wooded area(s), its degree of sensitivity to grade changes, drainage disruption, the effect of any changes to the water table, and other impacts that may be associated with development on adjacent lands, and its long-term prospects for survival. This assessment shall have due regard for preliminary grading information to be supplied by the subdivider;
• an opinion as to the priority (high, medium or low) that should be given to the preservation of the wooded area, having regard for rare, threatened or endangered tree species;
• an inventory of significant trees in smaller tree stands according to their species, size, age, and vigour; and an opinion as to their viability and priority for preservation;
• recommended measures to minimize the impact of development on wooded areas and smaller tree stands identified as having a high priority for preservation;

v) Planning and Development shall review the tree survey and botanical analysis and, following consultation with the subdivider, consultant and other agencies as appropriate, shall determine wooded areas and tree stands, or portions thereof, that are worthy of and feasible for preservation, and measures that should be taken to protect these areas. These measures may include but are not limited to the following:

• dedication or purchase of wooded areas as parkland or public open space;
• revisions to the proposed lot structure and road alignments to increase the opportunities for tree preservation;
• modifications to grading and drainage plans to reduce the impact of development on wooded areas and trees to be retained.

The recommendations of Planning and Development, and other appropriate agencies regarding tree preservation will be incorporated in the report of the Director, Planning and Development to the Planning and Environment Committee.

vi) Subdividers may be required to undertake measures to prevent damage to wooded areas or tree stands to be preserved, prior to and during the development of the subdivision, such as, but not limited to:

• selective removal of trees along the edge of the wooded area or tree stands prior to construction to minimize wind throw and sunscald damage that occurs when new boundaries to wooded areas are established;
• snow fencing or another suitable barrier shall be placed, at a minimum, along the drip line of the wooded area or tree stand to be preserved prior to the start of construction on the site;
• areas protected shall remain undisturbed and shall not be used for the placement or excavation of fill or topsoil, the storage of debris, construction material or equipment, or become contaminated by silt from construction activities. Contaminants shall not be dumped or flushed over tree roots. An exception to this provision may be made, under exceptional circumstances, for the installation of services or drainage facilities according to plans that have been approved by the Director, Planning and Development and/or the Deputy City Manager, Environment and Infrastructure using techniques that shall minimize disruption to the tree preservation area;
• where the root systems of trees to be preserved are exposed or damaged by construction work, they shall be neatly trimmed and the area shall be backfilled with appropriate material to prevent drying and desiccation;
• the grades around wooded areas or tree stands shall not be disturbed. If it is necessary to change grades around treed areas to be preserved, the subdivider may be required to take precautions such as dry welling and root feeding. Filling and grading within the drip line of trees shall be done by hand;
• installation of permanent fencing; with the necessity, extent and specific location of fencing to be determined in consultation with the Planning and Development.

vii) Planning and Development, with the assistance of other agencies as appropriate, shall inspect the subdivision construction site at appropriate points to ensure that the recommendations of the tree survey and botanical analysis and the requirements of the City of London are complied with. Final assumption of the subdivision may be delayed until such time as these recommendations and requirements have been satisfied.