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Brampton : Règlement no 317-2012, art. 4(4) — Tree Preservation By-law

Tree Preservation By-law

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a person with similar qualifications as approved by the Commissioner; c. “City” means The Corporation of the City of Brampton or the land within the municipal boundaries of the City of Brampton, as the context requires; d. “Council” means the Council of The Corporation of the City of Brampton; e. “Commissioner” means the Commissioner of the Community Services Department of the City of Brampton or his or her designate; f. “DBH” (Diameter at Breast Height) means the Diameter of the stem or trunk of a tree at a point of measurement 1.37 metres (137 centimetres) from the highest point on the ground touching the trunk; g. ”Destroy” means any action which causes or results in injury or death of a Tree including to remove or cut down a Tree; h. “Diameter” means a straight line passing through the center of a cross section of a tree trunk that is measured outside the bark at a specified point of a tree stem or trunk;

  • i. “Emergency Work” means any work necessary to protect life or property from imminent danger related to any Tree including, to the extent not otherwise addressed by applicable law, repairs related to soil erosion, utilities, buildings or drainage works; Office Consolidation – Tree Preservation By-law – j. “Hazardous Tree” means a destabilized or structurally compromised tree, or a tree with Pest infestation, that may cause damage or injury to life or property; k. “Injure” means to injure or Destroy a Tree by any action that causes physical, biological or chemical damage or death to a Tree, but does not include pruning or removing branches for maintenance purposes. l. “Nursery” means a lot on which the principal active business is the growing of plants, shrubs and trees for sale to the public; m. “Officer” means an individual appointed by Council for the administration and enforcement of municipal by-laws; n. “Orchard” means a lot on which the principal active business is the growing of fruit for sale to the public; o. “Order” means any Order authorized by the Act; p. “Owner” means a person having any right, title, interest or equity in land or any such person’s authorized representative and includes the person managing or receiving the rent of the land and includes a lessee or occupant of the land; q. “Permit” means a valid permit to injure Trees issued pursuant to Part V of this by-law; r. “Person” includes an individual, an association, a partnership, or a corporation; Office Consolidation – Tree Preservation By-law – s. “Pest” means any insect or disease that, in the opinion of an Arborist, is likely to cause the destruction or injuring of Trees, and shall include the insects and diseases included in Schedule A to this By-law; t. “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 physiological maturity. For clarity, where multiple stems grow from the same root system, the number of Trees shall be the number of stems that can be counted at a point of measurement 1.37 metres from the highest point on the ground touching the trunk; u. “Woodlots” means land at least 0.2 hectares 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 includes Woodlands as defined in the Act, but does not include a cultivated fruit or nut orchard or plantation established and maintained for the purpose of producing Christmas trees.
  • v. “Woodlot Conservation By-law” means City of Brampton By-law No. 402 - 2005, or any successor by-law regulating the injury or destruction of trees in woodlots in the City of Brampton.

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