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Property developer Metcalfe Realty is facing up to $100,000 in fines after ignoring city rules and clear-cutting mature trees, without a permit, in a wooded area of Kanata North being assessed to become a part of Ottawa’s natural heritage system.
According to a briefing note provided to the mayor’s office by city foresters, a “significant amount of mature trees” were cut at 936 March Rd. the week of May 26.
Neighbour Paul Johanis was working in his backyard when he heard the sound of chainsaws near his property. He brought it to the attention of other community members and a city forester.
Johanis said you can’t see the area where trees were cut from the road. “Nobody would see it, you can’t get to it without trespassing,” he said, adding the clear-cutting activity could’ve gone unnoticed if he hadn’t heard the chainsaws.
City staff had been scheduled to assess the property June 13 to determine whether forested areas there should become a part of the Ottawa’s natural heritage system. If the area did become part of the system, development on the property would not be allowed and the land would be transferred to the city for a dollar.
Staff issued a stop work order to one of the property owners, Antony Fuller of Metcalfe Realty, when they arrived June 13 to investigate. A request was also sent to Bylaw Services to fine the developers.
Under the Urban Tree Conservation Bylaw established in 2009, permits are required to cut trees more than 10 centimetres in diameter on properties of more than one hectare. As of June 2013, Ottawa’s urban expansion areas, including Kanata North, became part of the bylaw.
Kanata North Coun. Marianne Wilkinson said she is “absolutely appalled by what has happened. Developers have to realize they have to follow the rules of the city.”
Wilkinson hopes courts will charge the maximum allowable fine under the bylaw because a lower fine could simply be seen as a built-in cost of doing business.
Johanis, an active participant in the community design plan for the area, agreed. He said he thinks the area was clearcut to strategically undermine the argument the area’s woodlands should be part of the heritage system.
“We’ve been arguing the area should be left as natural as possible,” he said.
“I can confirm we are in the process of preparing the paperwork to lay charges,” said Susan Jones, the general manager of emergency and protective services, adding that the process may take a few days.
“It appears there’s been a significant contravention of the bylaw.”
In more minor cases, the city itself can charge set fines to individuals or developers who cut mature trees without a permit. But because of the severity of this incident, Jones said the city will lay a so-called “part 3” charge, which means the matter will be heard in provincial court where a judge could fine Metcalfe up to $100,000.
msmith@ottawacitizen.com
twitter.com/mariedanielles
查看原文...
According to a briefing note provided to the mayor’s office by city foresters, a “significant amount of mature trees” were cut at 936 March Rd. the week of May 26.
Neighbour Paul Johanis was working in his backyard when he heard the sound of chainsaws near his property. He brought it to the attention of other community members and a city forester.
Johanis said you can’t see the area where trees were cut from the road. “Nobody would see it, you can’t get to it without trespassing,” he said, adding the clear-cutting activity could’ve gone unnoticed if he hadn’t heard the chainsaws.
City staff had been scheduled to assess the property June 13 to determine whether forested areas there should become a part of the Ottawa’s natural heritage system. If the area did become part of the system, development on the property would not be allowed and the land would be transferred to the city for a dollar.
Staff issued a stop work order to one of the property owners, Antony Fuller of Metcalfe Realty, when they arrived June 13 to investigate. A request was also sent to Bylaw Services to fine the developers.
Under the Urban Tree Conservation Bylaw established in 2009, permits are required to cut trees more than 10 centimetres in diameter on properties of more than one hectare. As of June 2013, Ottawa’s urban expansion areas, including Kanata North, became part of the bylaw.
Kanata North Coun. Marianne Wilkinson said she is “absolutely appalled by what has happened. Developers have to realize they have to follow the rules of the city.”
Wilkinson hopes courts will charge the maximum allowable fine under the bylaw because a lower fine could simply be seen as a built-in cost of doing business.
Johanis, an active participant in the community design plan for the area, agreed. He said he thinks the area was clearcut to strategically undermine the argument the area’s woodlands should be part of the heritage system.
“We’ve been arguing the area should be left as natural as possible,” he said.
“I can confirm we are in the process of preparing the paperwork to lay charges,” said Susan Jones, the general manager of emergency and protective services, adding that the process may take a few days.
“It appears there’s been a significant contravention of the bylaw.”
In more minor cases, the city itself can charge set fines to individuals or developers who cut mature trees without a permit. But because of the severity of this incident, Jones said the city will lay a so-called “part 3” charge, which means the matter will be heard in provincial court where a judge could fine Metcalfe up to $100,000.
msmith@ottawacitizen.com
twitter.com/mariedanielles
查看原文...
