Cambridge : Règlement no 23-105, art. 1(a) — Private Tree By-law

for a trunk rising straight and vertically from the ground with a horizontal grade, 1.37 metres above that grade,

• (b) for a trunk rising straight and not vertically from the ground with a horizontal grade, 1.37 metres along the centre axis of the trunk from that grade, THE CORPORATION OF THE CITY OF CAMBRIDGE BY-LAW 23-105
• (c) for a trunk rising straight and vertically from the ground with a non-horizontal grade, 1.37 metres along the centre axis of the trunk from that grade, and
• (d) for a trunk rising not straight, 1.37 metres along the centre axis of the trunk from that grade, and where the diameter is:
• (e) for a tree with a single trunk, the diameter of that single trunk, and
• (f) for a tree with two or more trunks, the diameter of the largest trunk; "destroy" means to directly or indirectly, remove, ruin, uproot or kill a tree, whether by accident or by design, and whether by cutting, burning, girdling, interfering with its water supply, applying chemicals, puncturing, or compacting, regrading or resurfacing within tis drip line, including, but not limited to, through construction activities or any other activity, but does not include maintenance pruning, and "destruction" has the corresponding meaning; "Director" means the City's Director of Operations, Infrastructure Services, or their designate; "Fees and Charges By-law" means that by-law of the City enacted pursuant to section 391 of the Municipal Act, imposing fees or charges on persons for services or activities provided or done by or on behalf of the City, as amended and passed from time to time; "good arboricultural practice" means the proper implementation of maintenance, renewal and removal activities known to be appropriate for individual trees to minimize detrimental impacts on urban forest values, and includes maintenance pruning; "heritage tree" means a tree that is identified as a heritage attribute or part of a protected landscape within a property that is designated under Part IV of the Ontario Heritage Act, R.S.O. 1990, c. 0.18, as amended, or located within a heritage conservation district designated under Part V of the Ontario Heritage Act and contributes to the heritage character of the district or landscape; "hoarding" means a fence or similar structure used to enclose land, trees and other vegetation in order to protect trees or other vegetation; "Imminent hazard " means a tree which is destabilized or structurally compromised to an extent that an immediate danger of death, injury or structural damage exists, including, but not limited to hazards or damage to infrastructure that cannot be addressed without adversely affecting the health of the tree; "injure" means to cause, directly or indirectly, whether by accident or by design, damage or harm to a tree, which has or is likely to have the effect of inhibiting or terminating its growth, THE CORPORATION OF THE CITY OF CAMBRIDGE BY-LAW 23-105 whether by cutting, burning, girdling, interfering with its water supply, applying chemicals, puncturing, or compacting, regrading or resurfacing within its drip line, including, but not limited to, through construction activities or any other activity, but does not include maintenance pruning, and "injuring " has the corresponding meaning; "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 any tree that is listed as a noxious weed as defined in the Weed Control Act, R.S.O. 1990, c. W.5; "landscaping, replanting and replacement plan" means a plan which identifies the location, species and size of existing trees, trees to be planted or replaced and other landscaping elements on land and provides details regarding planting methodology and timing; "lot" means a parcel of land having specific boundaries that is capable of legal transfer; "maintenance pruning" means the pruning or removal of tree branches in accordance with good arboricultural practice, as specified by the International Society of Arboriculture, including for purposes of removing dead limbs, maintaining structural stability and balance and encouraging natural form, but limited to the appropriate removal of no more than one-third of the live branches that make up the leaf-bearing crown of the tree within a three-year pruning cycle, or as appropriate for the specific tree species, in order to maintain the health of the tree; "Municipal Act" means the Municipal Act, 2001, S.O. 2001, c. M.25, as amended or replaced from time to time; "officer" means a municipal law enforcement officer appointed by Council to administer and enforce by-laws of the City and includes an employee of the City's Forestry Section; "Order" means a work order issued in accordance with section 25 of this by-law or an order to discontinue activity issued in accordance with section 23 of this by-law; "owner" means the registered owner on title of the land or the agent of the registered owner; "permit" means a permit to destroy or injure a tree issued pursuant to this by-law; "Planning Act" means the Planning Act, R.S.O. 1990, c. P.13, as amended or replaced from time to time; "private tree" means any tree where the trunk, from where it connects to the roots to where it branches out into limbs, is located entirely on private property, and includes a boundary tree bisecting the property line between two or more private lots; THE CORPORATION OF THE CITY OF CAMBRIDGE BY-LAW 23-105 "qualified tree professional" means a professional holding one of the following qualifications:
• (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 (ISA), or
• (e) Qualified Tree Risk Assessor with the International Society of Arboriculture (ISA); "Region " means the Regional Municipality of Waterloo and "Regional " has the corresponding meaning; "Regional Conservation of Trees in Woodlands By-law" means By-law No. 08-026 of the Regional Municipality of Waterloo, as amended or replaced from time to time; "Replacement Tree Planting Reserve Fund " means the fund managed by the City for the purpose of planting trees on public property within the City of Cambridge; "Site Alteration By-law" means that by-law of the City enacted pursuant to section 142 of the Municipal Act regulating the placing and dumping of fill, the removal of topsoil and/or the alteration of grade of the land, as amended and passed from time to time; "tree" means a self-supporting woody plant which will reach a height of at least 4.5 metres at maturity; and "Zoning By-law" means that by-law of the City enacted pursuant to section 34 of the Planning Act, as amended and replaced from time to time. Prohibition