Application for minor exception
9. (1) Upon the application of the owner of any trees affected by a by-law passed under subsection 4(1), or any predecessor thereof, or any person authorized in writing by the owner, the council of the municipality that passed the by-law may, by by-law or resolution, authorize such minor exception from the by-law in respect of such trees as in its opinion is desirable for the appropriate development or use of the land on which such trees are situate, if in its opinion the general intent and purpose of the by-law is maintained. Notice of application (2) Where the council of a municipality receives an application under subsection (1), the clerk of the municipality shall give notice of the application to the owners of each parcel of land that abuts the land of the owner of the trees in respect of which the application is made and to such other owners as the council considers proper. Service of notice (3) A notice under subsection (2) shall be deemed to be sufficiently given if served upon an owner, (a) personally; (b) by leaving it at the owner’s place of business or residence; (c) by registered mail addressed to the owner’s place of business or residence, if known, or to the owner’s place of business or residence as set forth in the last revised assessment roll of the municipality in which the land is situate; or (d) if the place of business and residence of the owner are not known, by leaving it with any person being at least sixteen years of age on the land of the owner or by posting it in two conspicuous places on such land. Content of notice (4) A notice under subsection (2) shall contain, (a) the name and address of the owner who has made the application for a minor exception or on whose behalf the application has been made; (b) a description of the land of the owner in respect of which the application has been made; (c) a description of the nature and extent of the trees on such land; (d) a description of the purpose, nature and extent of the minor exception for which application has been made; and (e) the hour, day and place of the meeting at which the council will consider passing a by-law or resolution under subsection (1). Notice to applicant (5) The clerk of the municipality shall give notice in such manner as he or she considers proper to the owner who has made the application or on whose behalf the application has been made of the hour, day and place of the meeting at which the council will consider passing a by-law or resolution under subsection (1). Conditions precedent (6) No meeting of the council shall be held to consider passing a by-law or resolution under subsection (1) unless, (a) twenty-one days have elapsed after required notices have been given in accordance with this section; and (b) the giving of such notices is proved by affidavit or declaration. Entitlement to be heard (7) The council shall hear in person, or by counsel or agent, the applicant and any person who claims that the person’s land will be prejudicially affected by the by-law or resolution. Approval of Minister not required (8) No by-law or resolution passed under subsection (1) requires the approval of the Minister. R.S.O. 1990, c. T.20, s.9.