Hamilton : Règlement no 14-212, art. 1(a) — Urban Woodland Conservation By-law (Trees - Private Property)

the area of the cross-section of a trunk of a tree, including the bark measured at the diameter breast height as square metres per hectare; and,

• (b) where there are multiple trunks, the total area of the cross-sections of the multiple trunks of a tree, including the bark, measured at the diameter breast height as square metres per hectare; "business day" means 8:30 a.m. to 4:30 p.m. on any day on which the City of Hamilton's administration buildings are open for business; "City" means the geographical area of the City of Hamilton or the municipal corporation as the context requires; "Council" means the Council of the City of Hamilton; "diameter breast height"
• (dbh) means:
• (a) the diameter of a trunk of a tree, including the bark measured at 1.37 metres above the highest point on the tree where the ground meets its trunk; and,
• (b) where there are multiple trunks, the total diameters of the multiple trunks of a tree, including the bark, measured at 1.37 metres above the highest point on the tree where the ground meets one of those trunks; "Director" means the Director, Municipal Law Enforcement, for the City of Hamilton, and any successor or his or her designate; "discontinuity" means a break in a woodland, which includes, but is not limited to, highways and roads, railway rights-of-way, lands, paths, golf course fairways, utility lines, or natural open spaces; "drip line" means an imaginary line running directly beneath the outermost branches of an individual tree or of the trees forming the perimeter of the woodland; To Promote the Conservation and Sustainable Use of Woodlands on Private Property within the Urban Boundary of the City of Hamilton "farm" means the premises where a person who has a current and valid farming business registration number under the Farm Registration and Farm Orqanization Funding Act, 1993 operates that farming business; "Forest Management Prescription" means a course of woodland management, prepared by a Registered Professional Forester, for a particular woodland after specific assessments and evaluations of the woodland have been made by him or her; "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 habitat, soil and water quality and quantity, forest productivity and health and the aesthetics and recreational opportunities of the landscape; "landscape architect" means a person who is a full member in good standing of the Ontario Association of Landscape Architects; "local board" means a municipal service board, transportation commission, public library board, board of health, police services board, planning board, or any other board, commission, committee, body or local authority established or exercising any power under any Act with respect to the affairs or purposes of one or more municipalities, excluding a school board and a conservation authority; "Municipal Law Enforcement Officer" means the Director or a person appointed by Council or by the Director for the enforcement or administration of this By-law, and includes a person employed by the City of Hamilton whose duties are to enforce or administer this By-law; "owner" means a person having any right, title, interest, or equity in land including right, title, interest, or equity to the trees standing on the land; "Permit" means the written authorization from the Director to injure or destroy any tree in a woodland; "person" includes, but is not limited to, an individual, sole proprietorship, partnership, association, or corporation; "Planning Committee" means the City of Hamilton's Planning and Economic Development Committee or any successor Committee; "Registered Professional Forester" means a person who is registered as a professional forester under the Professional Foresters Act, 2000; To Promote the Conservation and Sustainable Use of Woodlands on Private Property within the Urban Boundary of the City of Hamilton "Sensitive Natural Areas" include, but are not restricted to:
• (a) Environmentally Significant Areas, as identified by the City of Hamilton in its Official Plans;
• (b) Provincial or Regional Life Science Areas of Natural and Scientific Interest ("ANSI"), as identified by the Ontario Ministry of Natural Resources;
• (c) Wetlands, as identified by the Ontario Ministry of Natural Resources or a Conservation Authority;
• (d) Habitat of Threatened, Endangered, Special Concern, or Locally Rare Species, as identified by the City of Hamilton, the Ontario Ministry of Natural Resources, or the Species at Risk Act (Canada), and available through the City's Natural Heritage Planner;
• (e) Significant Wildlife Habitat, as identified by the City of Hamilton, the Ontario Ministry of Natural Resources, or a Conservation Authority, and available through the City's Natural Heritage Planner;
• (f) Significant Woodlands, as identified by the City of Hamilton in its Official Plans;
• (g) Significant Valley Lands, as identified by the City of Hamilton, the Ontario Ministry of Natural Resources, or a Conservation Authority, and available through the City's Natural Heritage Planner; and,
• (h) Core Areas within the Natural Heritage System, as identified in the City of Hamilton in its Official Plans. "tree" means a self-supporting woody perennial plant which has reached or can reach a height of least 3 metres at physiological maturity; "Tree Protection Plan" means a plan, reviewed and approved by a Municipal Law Enforcement Officer, prepared by an arborist, landscape architect, or Registered Professional Forester, in accordance with the City of Hamilton's Tree Protection Guidelines, which protects and preserves trees on private property where development or disturbance of the natural forest cover for the purposes of building construction and/or land division will be occurring; and, To Promote the Conservation and Sustainable Use of Woodlands on Private Property within the Urban Boundary of the City of Hamilton "woodland" means land measured to the drip line and including any discontinuity equal to or less than 30 metres in width with at least:
• (a) 1,000 trees of any size, per hectare, calculated in proportion to the actual area of the wQodland;
• (b) 750 trees, with a diameter breast height of over 5 centimetres per hectare, calculated in proportion to the actual area of the woodland;
• (c) 500 trees, with a diameter breast height of over 12 centimetres per hectare, calculated in proportion to the actual area of the woodland; or,
• (d) 250 trees, with a diameter breast height of over 20 centimetres per hectare, calculated in proportion to the actual area of the woodland; But does not include:
• (e) a cultivated fruit or nut orchard;
• (f) a tree nursery;
• (g) a plantation established for the purposes of producing Christmas trees and which is being actively managed and harvested for this purpose;
• (h) a narrow linear strip of trees that defines a laneway or a boundary between fields; or,
• (i) a plantation established and continuously managed for the sole purpose of complete removal at rotation, in accordance with a Forest Management Prescription. Application: , This By-law applies to trees in a woodland equal to or greater than 0.2 hectares located within the urban boundary of the City, as defined in the Official Plans for the City. General Prohibitions: , Except as otherwise permitted under Sections 5, 6 or 7 of this By-law, no person through their own actions or through the actions of any other person shall injure or destroy any tree in a woodland, or permit the destruction or injury of any tree in a woodland. To Promote the Conservation and Sustainable Use of Woodlands on Private Property within the Urban Boundary of the City of Hamilton . No person through their own actions or through the actions of any other person shall:
• (a) fail to comply with a notice, order, or Permit under this By-law; or,
• (b) remove or deface any order posted under this By-law. Exemptions - Not Requiring Permit: