Newmarket By-law 2022-10, s. 2.0 — Definitions For the purpose of this By-law, the following definitions shall apply

Definitions For the purpose of this By-law, the following definitions shall apply:

• “Aggregate Inch Method ” means a method for calculating Tree replacement requirements whereby the aggregate DBH of Trees removed is equal to or less than the DBH of Trees planted in replacement, regardless of the number of individual Trees also known as the Aggregate Caliper Method; “Arborist ” a person who is a specialist or expert in the area of the care and maintenance of Trees and includes an Arborist qualified by the College of Trades or

a certified Arborist qualified by the International Society of Arboriculture, a consulting Arborist registered with the American Society of Consulting Arborists, a registered professional forester or a person with other similar qualifications as approved by the Director; By-law 2022-10 “Arborist Report ” means a detailed description of a Tree or Trees written by an Arborist that establishes the existing condition of a Tree with information such as species, location, size, condition, structural integrity, health (disease), infestations and vigour, and may consider compensation and/or security values and tree protection requirements; “Boundary Tree ” means a Tree, any part of whose trunk is growing across one or more property lines; “Cash-in-lieu payment ” means that for every replacement Tree not planted a cash- in-lieu amount will be collected. The amount will be set out in the Town ’s Fees and Charges By-law; “Construction ” as defined under the Occupational Health and Safety Act, as amended; “Council ” means the Council for the Town and includes its successor; “Dead ” shall mean a tree with no living tissue; “Destroy/Destruction ” means to damage, by cutting, burning, girdling, uprooting, chemical application, or other means, a tree to such a degree that, in the opinion of an Arborist, the tree will not survive the damage; “Diameter at Breast Height or DBH ” means the measurement of the diameter of the trunk of a Tree at a height of 1.4 metres above the existing ground adjoining its base or where there are multiple stems, the total of the diameters of the stems at 1.4 metres; “Director ” means the Director of Parks and Facility Services or their delegate, as amended from time to time; “Dying Tree ” shall mean a tree where seventy (70) percent or more of its crown is dead or a tree infected by a lethal pathogen; “Emergency Work ” shall mean trees that have become structurally weakened to the point where there is a high risk for the tree to break or fall immediately. This situation often happens because of inclement weather, high winds or thunderstorms. Such works are to be addressed within a reasonable time after the weather event, normally within 48 hours or at the discretion of the Director. “Fees and Charges By-law ” means the Town of Newmarket Fees and Charges By-law 2019-52, as amended; “Good Arboricultural Practice ” means the proper implementation of removal, renewal and maintenance activities known to be appropriate for individual trees in and around urban areas to minimize detrimental impacts on urban forest values, and includes pruning of trees to remove dead limbs, maintain structural stability and balance, or to encourage their natural form, provided that such pruning is limited to the appropriate removal of not more than one-third of the live branches or limbs of a tree, but does not include pruning to specifically increase light or space; “Guidelines ” means the Town ’s guidelines for processing and reviewing Private Tree Permits; “Hazardous ” means a destabilized or structurally compromised Tree that is in danger of causing damage or Injury to life or property as verified or confirmed by an Arborist or by the Director; “Heritage Tree ” means a Tree designated under Part IV of the Ontario Heritage Act, 1990 or Trees recognized as Heritage Trees by the Ontario Heritage Tree Program of Trees Ontario; “Injure/Injury ” means to harm or Destroy a Tree by an action that causes physical, biological or chemical damage or death to a Tree, but does not include pruning or removing branches for maintenance purposes which is done in accordance with Good Arboricultural Practice; “Nuisance Tree ” means a Tree that causes significant displeasure to a property

owner due to leaves, fruit, or other droppings; inappropriate shading; personal taste or other personal reasons; “Officer” means a Property Standards Officer, Municipal Enforcement Officer, or other enforcement officer duly appointed by by-law to administer and enforce the provisions of this by-law; “Person” includes a natural Person, corporation, partnership or party, and the personal or other legal representatives or a Person to whom the context can apply according to law; “Private Tree Permit” means a permit issued under this By-law; “Property Damage ” applies to trees within 2m of an occupied building, where a Tree is causing or will in the near future cause structural damage that cannot be mitigated other than by cutting or removing the protected Tree, as certified by a Professional Engineer and/or Building Inspector and assessed by the Director. “Replacement Tree Planting Plan” means a plan illustrating the location of Trees to be replanted; “Town ” as the context requires, means “The Corporation of the Town of Newmarket”; “Tree ” includes all woody vegetation, which at maturity, will reach a height of at least 4.5 m; “Tree Protection Plan ” means a report and/or drawing that details the steps that will be taken to preserve Trees to ensure their safety and long-term viability.