We, the undersigned residents and property owners of the Town of Newmarket, respectfully request that Council amend By-law 2022-10 (Private Tree Protection By-law) to better balance the rights of property owners with the Town’s environmental goals.

Primary Requests (Priority Amendments)

1. Exemption for Owner-Planted Trees
   Trees planted and maintained by property owners should not require a permit for removal once they reach the size threshold.
   • Fairness clause: At minimum, the by-law should not apply to trees planted by homeowners prior to the adoption of By-law 2022-10 in 2022. Residents who planted trees before 2022 could not have anticipated future restrictions, and should not be retroactively burdened.
2. Reduced Permit Fees.
   Permit fees for tree removal should be lowered to reduce the financial burden on homeowners.
3. Exemption for Tree Trimming Beyond One-Third of the Crown
   Property owners should be permitted to trim or prune trees as needed for maintenance, aesthetics, or safety, without being restricted to one-third of the crown.
4. Temporary Suspension of Enforcement
   While Council considers amendments to this by-law, enforcement of penalties and offenses should be paused to ensure fairness to residents.

Additional Requests (For Council Consideration)

1. Zone-Based Application
   The by-law should apply only in designated conservation or environmentally sensitive areas, or to large woodlots (½ acre or more), not uniformly across all private properties. Small residential lots should be exempt to ensure fairness for homeowners.
2. Streamlined Hazardous Tree Removal:
   Clearer and faster processes should be established for removing trees that pose risks to safety or property.
   • Permit-Free Hazardous Tree Removal: Property owners should not be required to follow procedures or obtain permits prior to removing a tree when they can demonstrate that it is hazardous, structurally compromised, or poses a risk to people or property.
3. Review of Past Penalties
   Council may wish to consider whether penalties already applied under this by-law should be reviewed for fairness, particularly if amendments are adopted.
4. Appeal Process
   Establish a transparent and independent appeal mechanism so residents have recourse if they believe a decision is unfair.
5. Periodic Review:
   Include a sunset clause requiring the by-law to be reviewed every 3–5 years to ensure it remains fair and effective.

Precedent Examples (Ontario Municipalities)

• Barrie
  Key Adjustments Made: Applies tree by-law only to woodlots (½ acre or larger), exempting residential lots
  Outcoming: Recognizes small homeowners should not face same restrictions as large woodlot owners
• Oakville
  Key Adjustments Made: Added exemptions for owner-planted trees
  Outcoming: Acknowledges residents who invest in their properties deserve reasonable control
• The Blue Mountains
  Key Adjustments Made: Launched a review after resident pushback
  Outcoming: Demonstrates responsiveness to community voices
• Toronto
  Key Adjustments Made: Amended by-law multiple times to adjust fees, timelines, and appeal processes
  Outcoming: Ensures fairness, transparency, and homeowner satisfaction