Barrie : Règlement no 2014-115, art. 1(a) — Private Tree By-law

“basal area” of a tree shall mean the area of a cross-section of the tree at “breast height” (1.37 metres or 4.5 feet) measured in square metres;

• (b) “basal area” of a woodlot shall mean the ratio of the sum of the basal areas of the trees within the woodlot in square metres to the area of the woodlot in hectares;
• (c) “breast height” refers to a point of measurement 1.37 metres above the highest point on the tree where the ground meets the stump;
• (d) “Building Permit” means a Building Permit issued under the Building Code Act, 1992, S.O. 1992, c23, as amended;
• (e) “Certified Arborist" means a person who is a specialist or expert in the area of the care and maintenance of Trees and includes a graduate of a post-secondary education in Arboriculture qualified by Skilled Trades Ontario 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.
• (f) “City” and “City of Barrie” means the municipality of The Corporation of the City of Barrie;
• (g) “Clerk” means the Clerk of The Corporation of the City of Barrie;
• (h) “Council” means the Council of The Corporation of the City of Barrie;
• (i) “destroy” means the removal of trees or harm resulting in the death or ruin of trees by cutting, burning, uprooting, chemical application or other means including irreversible injury that may result from neglect, accident or design and the term “destruction” shall have a corresponding meaning;
• (j) "Diameter" means the diameter of the stem of a tree measured outside the bark at a specified point of measurement; By-law 2014-115 Office Consolidation The Corporation of the City of Barrie Private Tree By-law
• (k) “Director” means a Director or Department Head for the Corporation of the City of Barrie or his or her designate, provided such designate is an Officer appointed under this by-law;
• (l) “DBH” means “diameter at breast height” and refers to the diameter of the stem of a tree measured at a point 1.37 metres (4.5 feet) above the highest point on the tree where the ground meets the stump;
• (m) ”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 detriments to forest values including significant ecosystems, important fish and wildlife habitats, soil and water quality and quantity, forest productivity and health and the aesthetics and recreational opportunities of the landscape; And Good Forestry Practices permits the destruction or injuring of trees that:
• i) have been damaged by disease, insects, wind, ice, fire, lightning, or other natural causes to an extent that the health of such trees is likely to further deteriorate;
• ii) should be cut or removed to prevent disease or insects from spreading to other trees;
• iii) are cut in accordance with the Provincial Silvicultural Guidelines as referred to in the Forest Operations and Silviculture Manual and its revisions prepared under the authority of the Crown Forest Sustainability Act, S.O. 1994, c. 25. These Provincial Silvicultural Guidelines include, but are not limited, to: A Silvicultural Guide to Managing Southern Ontario Forests, Silvicultural Guide for the Tolerant Hardwood Forest in Ontario, A Tree Marking Guide for the Tolerant Hardwood Working Group in Ontario, A Silvicultural Guide for the Great Lakes – St. Lawrence Conifer Forest in Ontario;
• iv) are marked and cut as part of a woodlands management plan approved by a Registered Professional Forester.
• (n) “Heritage Tree” means a tree that Council designates as being unique and of importance to the City in terms of distinctive form, size, age and/or historical significance;
• (o) “Injure” means to harm, damage or impair trees and includes, but is not limited to, harm, damage or impairment caused by changing grades around trees, compacting soil over root areas, severing roots, proper application of chemicals, improper pruning or the removal of branches and bark and the term “injury” shall have corresponding meaning;
• (p) “Landscape Architect” means a Landscape Architect who is a member, in good standing, of the Ontario Association of Landscape Architects or the Canadian Society of Landscape Architects;
• (q) “Major Damage” to a tree shall mean any one of:
• (i) a wound greater than the square of the DBH of the tree (for example, a wound with an area of 100 square centimeters is major damage to a tree with a DBH of 10 cm.)
• (ii) any wound greater than 1000 square centimeters
• (iii) if the wound in paragraph 1(l)(i) or 1(l)(ii) contacts the ground then the wound shall be considered major damage if it is 60% of the size specified in paragraph 1(l)(i) or 1(l)(ii) respectively
• (iv) broken branches destroying more than 33% of the Crown
• (v) the exposure, severing or compaction of more than 25% of the root area
• (vi) the breaking off of any tree
• (vii) the noticeable tipping of any tree
• (r) “officer” means an individual designated in accordance with this bylaw for the administration and enforcement of this by-law;
• (s) “orchard” means a plantation of fruit or nut trees; By-law 2014-115 Office Consolidation The Corporation of the City of Barrie Private Tree By-law
• (t) “owner” means the registered Owner(s) of the property;
• (u) “permit” means the authorization from the Director to injure or destroy trees pursuant to this by-law;
• (v) “person” means any individual, corporation, partnership, association, firm, trust, or other entity and includes anyone acting on behalf or under the authority of such entity;
• (w) “qualified forest technician” means someone who has graduated from a recognized College with a diploma in Forestry who is also certified as a tree marker by the Ontario Ministry of Natural Resources;
• (x) “Registered Professional Forester” as defined in the Professional Foresters Act, 2000, S.O. 2000, c.18;
• (y) “Silviculture” means the theory and practice of controlling forest establishment, composition, growth and quality of forests to achieve the objectives of management;
• (z) “tree” means a plant of any species of woody perennial plant including its root system which has reached or can reach a height of at least 4.5 metres (15 feet) at physiological maturity;
• (aa) “Tree Protection Manual” means the manual maintained by the City of Barrie setting out standards for protection of trees in the City of Barrie as amended from time to time. Copies of which may be viewed and printed from the City of Barrie website at www.barrie.ca;
• (bb) “woodlot” means a woodlot as defined in paragraph 2 of this by-law;
• (cc) “Zoning By-law” means the by-law regulating land use as provided for under the Planning Act within the City of Barrie;