Markham By-law 2023-164, s. 1(a) — Tree Preservation By-law

“Administrative Penalty” means an administrative penalty pursuant to AMPS By-law for Non-Parking Offences 2016-84, as amended;

• (b) “Administrator” means the Manager of By-Law Enforcement, the Director of Operations, or the Director of Planning or their designates;
• (c) “Aggregate Caliper Method” means a method for evaluating the value of trees for replacement where the Diameter at Breast Height is replaced centimeter for centimeter with caliper trees of 5 cm. If no evidence exists on site, each tree that can be proven to have existed, through the use of aerial photos and existing surveys will be charged at 6:1 ratio for replacement.
• (d) “Arborist Report” means a report prepared by a Qualified Tree Expert containing information on the location, condition, structural integrity, potential impacts of development, recommended actions, and mitigation measures regarding one or more Trees, and any other information as required by the Administrator. The report shall be based on the International Society of Arborist “Tree Risk Assessment, Best Management Practices”, companion publication to ANSI 300 Part 9 - Standard Practices, as amended or replaced;
• (e) “Boundary Tree” means a Tree where any part of its trunk or root flare grows or encroaches beyond a defined parcel line. In particular:
• (i) “Private Boundary Tree” means a Tree encroaching onto one (1) or more private properties; and
• (ii) “Public Boundary Tree” means a Tree encroaching onto Public Lands;
• (f) “City” means the City of Markham;
• (g) “DBH" (“Diameter at Breast Height’) means the diameter, measured outside the bark of the stem or trunk of a Tree, and shall be measured at a point 1.37 metres above the existing grade of the ground adjoining its base or, where there are multiple stems to a Tree, measure each stem at 1.37m and use the quadratic equation to determine the sum of the square root to equal effective DBH, that is, multiply each stem measurement by itself, add up all of the stems, and calculate the square root of the total to find the number to record as DBH;
• (h) “Dead or Dying Tree” means, as determined by a Qualified Tree Expert, a Tree with no living tissue, a Tree where seventy-five (75) percent or more of its crown is dead, or a Tree infected by a lethal pathogen;
• (i) “Destruction” means the removal, ruin, harm, or interference with a Tree, its branches, roots, or water supply, including causing irreversible Injury to a Tree, but does not include the pruning or removal of branches for maintenance purposes provided any such pruning or removal is in accordance with Good Arboricultural Practices, and “Destroy” and “Destroyed” and similar words have the same meaning;
• (j) “Good Arboricultural Practice” means the proper implementation of removal, renewal, or maintenance of Trees, based on generally accepted industry standards and best practices;
• (k) “Hazard Tree” means a Tree or part of a Tree that is severely damaged to the extent that it is, or poses, an immediate safety threat to human life or property, as determined by a Qualified Tree Expert;
• (I) “Hearing Officer” means an individual duly appointed to conduct hearings under Screening and Hearing Officer By-law 2015-94, as amended;
• (m) “Injury” means, whether accidental or not, acts that cause damage to a Tree including its branches, roots, or water supply, but does not include the pruning or removal of branches for maintenance purposes provided any such pruning or removal is in accordance with Good Arboricultural Practices, and “Injure” and “Injured” and similar words have the same meaning;
• (n) “Normal farm practices” means a practice that:
• (a) is conducted in a manner consistent with proper and acceptable customs and standards as established and followed by similar agricultural operations under similar circumstances, or
• (b) makes use of innovative technology in a manner consistent with proper advanced farm management practices;
• (o) “Nursery” means lands on which the principal business carried on is the propagation and selling of plants, shrubs or Trees, and includes a Tree farm, but does not include any lands which are not devoted to the propagation and selling of plants, shrubs or Trees;
• (p) “Officer” means a Person designated by City for the enforcement of by-laws and includes, but is not limited to, the Administrator, a Municipal Law Enforcement Officer, a Provincial Offences Officer, a police officer, or any other Person authorized to enforce this By-law;
• (q) “Owner” means a Person having any right, title, interest, or equity in land or property, including an occupant, tenant or lessee, and any such Person’s authorized representative;
• (r) “Permit” means permission or authorization given in writing by the Administrator to Injure or Destroy a Tree;
• (s) “Person” includes an individual, a sole proprietorship, a partnership, a corporation, a not-for-profit corporation, a registered charity, and their respective heirs, executors, administrators, assigns, or other appointed representatives;
• (t) “Progressive Aggregate Caliper Method” means a method for evaluating the value of trees for replacement where the Diameter at Breast Height is multiplied by the average of a health and structure factor, as determined by a Qualified Tree Expert, to depreciate trees with less than perfect health and structure, the outcome of the calculation is the number of replacement trees required as conditional replanting trees.
• (u) “Public Lands” includes lands owned, maintained, managed, or leased by the City, including but not limited to, parks, parkettes, City facilities, cemeteries, open spaces, rights-of-way, and boulevards;
• (v) “Qualified Tree Expert” means a Person who has graduated from an accredited college or university with a diploma or degree in forestry, arboriculture, or equivalent and satisfies at least one of the following requirements:
• (i) is certified either by Skilled Trades Ontario or the International Society of Arboriculture;
• (ii) is currently accepted as a consulting arborist with the American Society of Consulting Arborists;
• (iii) is a Tree Risk Assessment Qualified arborist;
• (iv) is a Registered Professional Forester pursuant to the Ontario Professional Foresters Act, 2000, S.O. 2000, c.18, as amended; or
• (v) has comparable qualifications to those set out under clauses
• (i) to
• (iv) above and is approved by the Administrator;
• (w) “Tree” means any species of woody perennial plant, including its root system, which has reached or can reach a height of at least 4.5 metres at maturity, and where multiple above grade stems grow from the same root system and share the same root flare they shall be considered a single tree;
• (x) “Tree Management Plan” means a plan prepared by a Qualified Tree Expert in accordance with Good Arboricultural Practice which assesses the number, species, location, and condition of all Trees on the lands and may include a management schedule related to Destruction, Injury, maintenance, or planting goals over a specified period of time, or any other information as required by the Administrator;
• (y) “Tree Preservation Zone” means the area where construction related activities are prohibited to prevent Injury to Trees being preserved during construction and where barriers, fencing either vertical or horizontal hoardings are installed to City standard as per approved drawing detail;
• (z) “Woodland” means land at least 1 hectare in area and with at least:
• (i) 1,000 Trees, of any size, per hectare;
• (ii) 750 Trees measuring over five (5) centimetres DBH per hectare;
• (iii) 500 Trees measuring over twelve (12) centimetres DBH per hectare; or
• (iv) 250 Trees measuring over twenty (20) centimetres DBH per hectare; but does not include a Nursery, a cultivated fruit or nut orchard, or a plantation established for the purpose of producing Christmas trees or Nursery stock; and
• (aa) “Woodlot” means land at least 0.2 hectares in area and no greater than 1 hectare in area, with at least:
• (i) 200 Trees, of any size, per 0.2 hectares;
• (ii) 150 Trees, measuring over five (5) centimetres DBH, per 0.2 hectare;
• (iii) 100 Trees, measuring over twelve (12) centimetres DBH, per 0.2 hectare; or
• (iv) 50 Trees, measuring over twenty (20) centimetres DBH, per 0.2 hectare; but does not include a Nursery, a cultivated fruit or nut orchard, or a plantation established for the purpose of producing Christmas trees or Nursery stock. APPLICATION