Richmond Hill By-law 19-25, s. 1.2(i) — Definitions In this by-law, the following words shall have the following meanings

Definitions In this by-law, the following words shall have the following meanings:

• an arborist qualified by the Ministry of Training, Colleges and Universities;
• (ii) a certified arborist qualified by the Certification Board of the International Society of Arboriculture;
• (iii) a consulting arborist registered with the American Society of Consulting Arborists;
• (iv) an arborist with an applicable college diploma with a minimum of two (2) courses directly related to arboriculture plus a minimum of two (2) years of practical full-time experience in the arboriculture field;
• (v) an arborist with an applicable university degree with a minimum of four courses directly related to arboriculture plus a minimum of one ( 1) year of practical full-time experience in the arboriculture field; or
• (vi) a person with other similar qualifications as approved by the Commissioner;
• e) "Arborist Report" means a technical report prepared by an Arborist which identifies the surveyed location, common and scientific species name, Tree Protection Zone (TPZ), diameter at breast height (DBH), height and condition of the Tree, and:
• (i) provides the justification for any proposed destruction of the Tree, and/or provides justification and impacts for any proposed injury of the Tree;
• (ii) describes Tree protection measures or other mitigating activities to be implemented;
• (iii) includes a map of the subject property that clearly shows the location of each Tree assessed in the Arborist Report; and
• (iv) Where multiple Trees are assessed in the Arborist Report, provides an inventory table as part of the Arborist Report;
• f) "Boundary Tree" means a Tree whose trunk is growing on or crosses the property line between adjoining lands; ---·-·--··----··"··------------------------------··-----···---·----·--------------- The Corporation of the City of Richmond Hill
• g) "Commissioner" means the Commissioner of Planning and Building Services of the Corporation or a successor office as the case may be;
• h) "Corporation" means the Corporation of the City of Richmond Hill;
• i) "Council" means the Council of the Corporation;
• j) "Cultivated Orchard" means land where fruit Trees are grown and maintained for the purpose of harvesting of their fruit;
• k) "Dead Tree" means a Tree that has no live tissue or is determined to have less than 10% live tissue to the satisfaction of the Corporation;
• I) "Destroy" means to kill a Tree by cutting, burning, uprooting, chemical application, or other means, and shall also include a level of Injury that is determined to be significant enough to lead to or contribute to the eventual death of a Tree;
• m) "Diameter at Breast Height (DBH)" means the diameter of the trunk of a Tree at a point of measurement 1.4 meters above grade. DBH of multi-trunk Trees shall be measured as indicated in Schedule 'A' to this Chapter.

Where a Tree has been cut down and the remaining stump is less than 1.4 metres in height, the DBH shall be the extrapolated diameter at 1.4 metres above the ground as set out in Schedule 'A' to this Chapter;

• n) "Dying Tree" means a Tree that has between 50% and 90% live tissue as determined by an Arborist to the satisfaction of the Corporation. This includes the branches, canopy, trunk, and roots;
• o) "Emergency Work" means work required to be done immediately in order to prevent imminent danger as determined by the Commissioner, including Tree work necessary to mitigate risk due to natural events (i.e. storms, high winds, lightning), as well as Tree work associated with emergency infrastructure, utility and building repairs as determined by the Commissioner;
• p) "Exemption Permit" means a Permit to Injure or Destroy a Dead, Dying or Hazardous Tree;
• q) "Good Arboricultural Practices" means the proper implementation of removal, renewal and maintenance activities known to be appropriate for an individual Tree to minimize detrimental impacts to the Tree;
• r) "Good Forestry Practices" means the proper implementation of harvest, renewal and maintenance activities known to be appropriate for the forest and environmental conditions under which they are being applied and that minimize detrimental impacts to forest values including significant ecosystems, important fish and wildlife habitat, soil and water quality and quantity, forest productivity and health and the aesthetics and recreational opportunities of the landscape;
• s) "Hazardous" means a Tree or portion of a Tree that is destabilized or structurally compromised to an extent that it is likely to lead to a loss, personal injury, property damage, or disruption of activities and/or has a risk rating of High or Extreme, as determined by a Qualified Tree Risk Assessor (TRAQ);
• t) "Injure" or "Injury" means to harm, damage, impair or not protect a Tree in accordance with proper arboricultural practices and the City of Richmond Hill Standards and Specifications Manual, entirely or in part, and/or any acts which will harm a Tree's health or damage a Tree in any manner. Removal of more than 20% of the live tissue of a Tree within a twelve (12) month period or any encroachment into the Tree Protection Zone is considered an Injury to a Tree;
• u) "Municipal By-law Enforcement Officer" means an individual appointed for the purpose of enforcing the provisions of this by-law or all of the by-laws of the ·------·--- -------------------------- The Corporation of the City of Richmond Hill By-law 19-25 Page4 Corporation;
• v) "Normal Farm Practice" means a practice, as defined in the Farming and Food Production Protection Act, 1998, SO 1998, c. 1, that 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 a practice which makes use of innovative technology in a manner consistent with proper advanced farm management practices;
• w) "Owner" means the person having the right, title, interest or equity in the land, or their agent authorized in writing;
• x) "Penalty Notice" means a notice given to a Person pursuant to Part 4 of the Corporation's Administrative Penalty Bylaw as amended;
• y) "Permit" means a Permit to Injure or Destroy a Tree issued by the Tree Preservation By-law Officer and includes an Exemption Permit and Retrospective Permit;
• z) "Permit Application Fee" means the prescribed fee as set out in the Tariff of Fees By-law;
• aa) "Person" means an individual, association, organization, corporation or partnership and includes an agent or employee of any of them;
• bb) "Pruning" means the removal of a Tree branch or branches from a living Tree by cutting at a point outside the branch collar following Good Arboricultural Practices but does not include the removal of more than 20% of a Tree's live tissue in a twelve (12) month period, including but not limited to the leaf bearing crown, branches, trunk and roots. Pruning may be undertaken for the purposes of providing clearance for utility lines, buildings, pedestrians, or vehicles or eliminating dead, hazardous or diseased wood;
• cc) "Qualified Tree Risk Assessor" means an Arborist that has obtained the Tree Risk Assessment Qualification (TRAQ) from the Certification Board of the International Society of Arboriculture. TRAQ is a professional qualification program designed to train Arborists in a specialized field of arboriculture related to Tree risk;
• dd) "Registered Professional Forester (RPF)" means an individual recognized by the Ontario Professional Foresters Association as a Registered Professional Forester;
• ee) "Replacement Tree" means any Tree that is planted as a condition of a Permit issued under this by-law;
• ff) "Retrospective Permit" means a Permit that is issued after the Injury or destruction of a Tree has commenced or is completed;
• gg) "Tariff of Fees By-law" means the Corporation's by-law authorizing fees or charges enacted pursuant to Section 391 of the Municipal Act, 2001; The Corporation of the City of Richmond Hill
• hh) "Tree" means any perennial woody plant, which has reached or can reach a height of at least 4.5 meters at physiological maturity and includes a Replacement Tree;
• ii) "Tree Farm" means land where Trees are grown and maintained for sale;
• jj) "Tree Preservation By-law Officer" means an individual appointed by the Commissioner for the administration and enforcement of this by-law and includes any by-law enforcement officer appointed to enforce all the Corporation's by- laws;
• kk) "Tree Protection Zone (TPZ)" means an area surrounding a Tree that is designated for protection with the goal of minimizing the damage to the Tree's critical root system within which no activity is permitted to occur, including but not limited to grade changes, excavation, installation of hardscapes, and storage of materials, construction vehicles or tools;
• II) "Written Compliance Order" means an order requiring a Person to do work to correct a contravention of this by-law;
• mm) "Woodlot" means a Treed area that is connected and not defined by property lines, that is at least 0.2 hectares and no greater than 1.0 hectare in area with at least:
• (i) 200 Trees of any size, per 0.2 hectare;
• (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; and
• nn) "York Region Forest Conservation By-law" means the by-law enacted by the Regional Municipality of York to prohibit and regulate the destruction or injuring of Trees in designated woodlands within the Region of York made pursuant to Section135(2) of the Municipal Act, 2001.