Presentations on tree removal permits during Tuesday night’s council meeting led to a lengthy discussion on the role of councillors in presiding over — and allowing exceptions for — municipal bylaws.

Six delegations requesting tree removal permits stirred up conflict during the council meeting on Nov. 26.

When discussing whether or not to grant each individual permit, Coun. Sandra O’Connor said making exceptions goes against the tree bylaw in place.

The private tree protection bylaw states that property owners must apply for a tree removal permit before removing any tree that has a trunk measuring 12.5 cm or larger in diameter and they may not destroy or injure any regulated tree.

The full bylaw, Bylaw No. 5139-19, can be found online on the town’s website, notl.com

“To ad hoc change a bylaw that we already have on the books is not the way to proceed,” O’Connor said when discussing the first tree. 

Coun. Erwin Wiens said that situations like these are why appeals exist. 

“It comes down to what’s fair,” he said. 

Coun. Maria Mavridis said aspects of the current tree bylaw can be unfair for certain individuals.

“They didn’t need a permit to plant their trees and now they’re being told they need a permit to take it down,” she said. 

O’Connor once again emphasized that, from her perspective, allowing trees to be taken down on a case-by-case basis is incorrect. 

Lord Mayor Gary Zalepa appreciated her comment, but acknowledged that the tree bylaw “obviously needs to be changed.”

Wiens said that a part of democracy is allowing people with special circumstances to speak on their reasoning for requests. 

“We’re still a small town,” he said. 

“It’s not for us to sit there and be onerous. We’re supposed to have feelings. We’re supposed to look at these things individually and see if there’s some sort of compromise we can come to,” Wiens said. 

Of the six trees requesting removal, four were granted removal permits with specific conditions pertaining to their circumstances, many of which included planting some trees in place of the one being removed.

Two trees were not granted removal permits, including an oak tree in Chautauqua. 

O’Connor referenced the Chautauqua community tree plan, emphasizing the importance of oak trees in the area. 

“If you agree to taking down this tree, every oak tree in Chautauqua will be in jeopardy and it could change the character of the whole neighbourhood,” she said. 

The tree bylaw was originally driven by residents of Chautauqua, Wiens noted.

“This is the first time with the tree bylaw where a condition has come up and I’ve thought, this is exactly why this tree bylaw began, because of the community of Chautauqua,” he said. 

Zalepa agreed, saying that other work could be done by the applicant before chopping down the tree, which had been dropping acorns. 

Council voted unanimously to keep the tree where it is.

juliasacco@niagaranow.com