Burlington : Règlement no 040-2022, art. 1.1(a) — For the purposes of this by-law, the following definitions shall apply

For the purposes of this by-law, the following definitions shall apply:

• to remove or cut down a tree; or
• (b) to injure a tree to such an extent that the tree is deemed by the Manager to be a high-risk tree or is no longer viable such that it is necessary to remove the tree, or that the tree’s vitality has been reduced to such an extent that in the opinion of the Manager, the tree cannot recover to be maintained in a safe and healthy condition such that it is necessary to remove the tree. “diameter at breast height” or “DBH”
• (a) means the measurement of the diameter of the trunk of a tree from the outside bark at a height of 1.37 meters above the existing ground adjoining its base; or,
• (b) where there are multiple stems of a tree, means the square root of the sum of each stem diameter squared measured from the outside bark at a height of 1.37 meters; “Director” means the Director of Roads, Parks and Forestry for the City of Burlington, and includes the Director’s designate; “emergency tree work” means:
• (a) any work requiring the destruction of a tree where the likelihood of tree failure is imminent or a tree or part of tree is in active failure; or
• (b) where a tree must be injured or destroyed to conduct work in order to address an immediate danger to the health and safety of any person or property. Work may include but is not limited to works associated with immediate watermain repairs, drain repairs, utility repairs, and structural repairs to a building. “fee” or “fees” means the fees prescribed in the Rates and Fees By-law; “good arboricultural practice” means the removal, planting and tree maintenance activities in accordance with the American National Standards ANSI A300 and best management practices identified by the International Society of Arboriculture, conducted to the satisfaction of the Manager; “heritage tree” means trees designated under Part IV of the Ontario Heritage Act, R.S.O. 1990, c. 0.18, as amended or trees recognized as heritage trees by Forests Ontario and the Ontario Urban Forest Council; “high-risk tree ” means a destabilized or structurally compromised tree where there is a high-risk of failure, but the failure is not imminent; “injure” or “injury” or “injured" means any act or omission that may harm or damage a tree’s health and/or structure, in any manner, including, but not limited to any or a combination of the following:
• (a) removing, cutting, girdling, or smothering of a tree or roots;
• (b) pruning that does not follow good arboricultural practice;
• (c) failing to protect a tree in accordance with the Standard Specifications for Tree Protection and Preservation;
• (d) interfering with the water supply of a tree;
• (e) setting fire to a tree;
• (f) affixing materials to a tree;
• (g) mechanical damage to a tree;
• (h) transplanting a tree;
• (i) applying chemicals on, around or near the tree;
• (j) compaction, excavation or re-grading within the tree protection zone;
• (k) storing materials within the tree protection zone that have the potential, in the sole opinion of the Manager, to affect the health of the tree; and,
• (l) any other damage resulting from neglect, or by design; “invasive ” means any tree that is classified as prohibited or restricted as defined in the Invasive Species Act, 2015, S.O. 2015, c. 22, or if the tree is listed as a noxious weed as defined by the Weed Control Act, R.S.O. 1990, c. W.5; “lot” means a parcel of land having specific boundaries which is capable of legal transfer; “Manager ” means the Manager of Urban Forestry for the City of Burlington, or designate; “nursery” means a lot on which the principal active business is the selling of plants, shrubs and trees to the public; “Officer” means a person appointed by Council as a municipal law enforcement officer, a by-law enforcement officer of the City, or a person appointed under this By-law to administer or enforce this By-law and includes a person employed by the City whose duties are to enforce this By-law; “orchard” means a Lot on which the principal active business is the growing of fruit for sale to the public; “order” means an order issued under this By-law; “owner ” means a registered owner of the lot, and their respective successors and assigns; “permit extension fee” means the fee charged by the City to extend a tree permit under this By-law as may be prescribed from time to time in the City’s Rates and Fees By-law; “permit holder” means:
• (i) the owner(s) of a lot for which a tree permit has been issued; or
• (ii) an agent that has obtained a tree permit on behalf of the owner; “permit issuance fee” means the fee charged by the City under this By-law when

a tree permit is issued as may be prescribed from time to time in the City’s Rates and Fees By-law; “permit transfer fee” means the fee charged by the City to transfer or assign a tree permit under this By-law as may be prescribed from time to time in the City’s Rates and Fees By-law; “person ” includes an individual, sole proprietorship, partnership, association, or corporation; “private property ” means all lots or property except lots or property owned by the City; “pruning” means the removal of branches from a tree in accordance with good arboricultural practice; “qualified tree professional” means a professional who has gained recognized certifications, qualifications and expertise in the care and management of trees. Recognized certifications and qualifications for qualified tree professionals include:

• (a) Registered Consulting Arborist
• (RCA) with the American Society of Consulting Arborists (ASCA);
• (b) Board Certified Master Arborist or Arborist Municipal Specialist with the International Society of Arboriculture (ISA);
• (c) Registered Professional Forester
• (RPF) as defined in the Professional Foresters Act, 2000, S.O. 2000, c.18;
• (d) Certified Arborist with the International Society of Arboriculture; or,
• (e) Qualified Tree Risk Assessor with the International Society of Arboriculture (ISA); “Rates and Fees By-law” means City of Burlington By-law 61-2021 to impose Rates and Fees, as amended or replaced from time to time; “replacement tree ” or “ replacement trees ” means a tree(s) that is planted as a condition of a tree permit issued under this By-law to replace another tree(s) that was approved for destruction under this By-law. “replacement tree security” means the fee charged by the City, to be held as a security deposit, pending compliance with a tree replacement plan submitted under this By-law, as may be prescribed from time to time in the City’s Rates and Fees By- law; “replacement tree fee” means the fee charged by the City for payment as cash-in- lieu of planting a replacement tree(s) under this By-law, as may be prescribed from time to time in the City’s Rates and Fees By-law, which fee shall be deposited by the Manager into the Reserve Fund; “reserve fund” means the Tree Planting Initiative Reserve Fund established by City of Burlington By-law 55-2020, as amended; “significant tree ” means a tree with a diameter at breast height of 75cm or greater; “Standard Specifications for Tree Protection and Preservation” means the most recent version of the City of Burlington Standard Specifications for Tree Protection and Preservation; “terminal condition” means the advanced and irreversible decline in physiological and/or structural condition of a tree, that has resulted in the majority of crown die- back or failure, due to abiotic or biotic factors and/or severe insect infestation or infection by a pathogen; “TRAQ report ” means a report prepared by a qualified tree professional and who is

a qualified tree risk assessor in accordance with the ISA Tree Risk Assessment Qualification; “tree” means any species of woody perennial plant, including its root system that will reach a height of at least 4.5m at physiological maturity; “tree permit ” means a permit issued by the City under this By-law; “tree protection plan” means a scaled two-dimensional plan prepared by a qualified tree professional in conjunction with an arborist report that identifies the accurate location, species, and size of trees and identifies the extent of injury or destruction, as applicable, and illustrates details of protection measures including the location of protective barriers; “tree protection zone” means the minimum setback from a tree (including above and below ground level) required to protect the health and structural integrity of a tree as prescribed by the City’s Standard Specifications for Tree Protection and Preservation, as amended or replaced from time to time; “tree replacement plan ” means a scaled two-dimensional plan that identifies the location, species, and size of trees proposed for planting and illustrates planting details; “Urban Planning Area Boundary” means lands located within the Urban Planning Area Boundary identified on ‘Schedule ‘B’- Comprehensive Land Use Plan- Urban Planning Area’ of the City’s Official Plan, as amended or replaced from time to time, and in the event of any ambiguity, it means lands as identified and interpreted by Manager of Policy and Community, in its sole discretion, in accordance with the City’s Urban Planning Area Boundary and the City’s Official Plan policies, as amended or replaced from time to time; and, “woodland ” means an area of land defined as a woodland in the Halton Tree By- law 121-05, as amended, with at least:

• (a)
• (i) 1000 Trees, of any size, per hectare or 500 such Trees per 0.5 hectare;
• (ii) 750 Trees, measuring over five (5) centimetres in Diameter at DBH, per hectare or 375 such Trees per 0.5 hectare;
• (iii) 500 Trees, measuring over twelve (12) centimetres in Diameter at DBH, per hectare or 250 such Trees per 0.5 hectare; or
• (iv) 250 Trees, measuring over twenty (20) centimetres in Diameter at DBH, per hectare or 125 such Trees per 0.5 hectare; but does not include:
• (b)
• (i) an active cultivated fruit or nut orchard;
• (ii) a plantation established for the purpose of producing Christmas Trees;
• (iii) a plantation specifically planted and maintained for the purpose of harvesting as certified in writing by an Officer based on field inspection and investigation;
• (iv) a Tree nursery, or
• (v) a narrow linear strip of Trees that defines a laneway or

a boundary between fields For the purpose of this By-law, the boundary of a woodland shall be defined by the ecological limit of the woodland and not by property boundaries.

Where a potential woodland is dissected by a road or path not wider than 20m or by a natural feature such as a creek, the boundary of the woodland shall be deemed to cross the road, path or natural feature, but the area of the woodland shall be calculated exclusive of the area of the road, path or natural feature.