Richmond Hill : Règlement no 20-25, art. 1.2 — Definitions In this by-law, the following words shall have the following meanings

Definitions In this by-law, the following words shall have the following meanings:

• a) "Administrative Penalty By-law" means the City's Administrative Penalty By- law 69-16, as amended or superseded, establishing a system of administrative penalties;
• b) "Arborist" means an expert in the care and maintenance of Trees and includes at least one of the following:
• i. an arborist qualified by the Ministry of Training, Colleges and Universities,
• ii. a certified arborist qualified by the Certification Board of the International Society of Arboriculture,
• iii. a consulting arborist registered with the American Society of Consulting Arborists,
• iv. an arborist with an applicable college diploma with a minimum of two (2) courses directly related to arboriculture plus a minimum of two (2) years of practical full-time experience in the arboriculture field,
• v. an arborist with an applicable university degree with a minimum of four courses directly related to arboriculture plus a minimum of one ( 1) year of practical full-time experience in the arboriculture field, or
• vi. a Person with other similar qualifications as approved by the Commissioner.
• c) "Arborist Report" means a technical report prepared by an Arborist which identifies the surveyed location, common and scientific species name, Tree Protection Zone (TPZ), diameter at breast height (DBH), height and condition of the Tree, and:
• i. provides the justification for any proposed Destruction of the Tree, and/or provides justification and impacts for any proposed Injury of the Tree, and
• ii. describes Tree protection measures or other mitigating activities to be implemented, and
• iii. includes a map of the subject property that clearly shows the location of each Tree assessed in the Arborist Report, and
• iv. Where multiple Trees are assessed in the Arborist Report, provides an inventory table as part of the Arborist Report.
• d) "City" means the Corporation of the City of Richmond Hill or the territory under its jurisdiction as the context requires;
• e) "City Employee" means any individuals employed by the City, including individuals employed on a full-time, part-time, temporary, seasonal or contract basis;
• f) "City Lands" means all lands under the jurisdiction of the City, including any The Corporation of the City of Richmond Hill Highway;
• g) "City's Standards and Specifications" means those standards and specifications for installation of municipal infrastructure and services, including for the planting of City Trees and Tree protection fencing, set out in the City's Standards and Specifications Manual, as amended from time to time, available on the City's website.
• h) "City Tree" means a Tree which has 50 percent or more of its trunk situated on City Lands;
• i) "Commissioner'' means the Commissioner of Community Services of the Corporation or a successor office as the case may be;
• j) "Destroy" means to kill by cutting, burning, uprooting, chemical application or other means, and shall also include a level of Injury that is determined to be significant enough to lead to or contribute to the eventual death of a Tree;
• k) "Emergency work" means work required to be done immediately in order to prevent imminent danger as determined by the Commissioner, including Tree work necessary to mitigate risk as well as Tree work associated with emergency infrastructure, utility and building repairs;
• I) "Highway" means any lands under the jurisdiction of the City that constitutes a highway as set out in Section 26 of the Municipal Act, 2001;
• m) "Injure" or "Injury" means to harm, damage, impair or not protect a Tree in accordance with proper arboricultural practices and the City's Standards and Specifications, entirely or in part, and/or any acts which will harm a Tree's health or damage a Tree in any manner. Any encroachment into the Tree Protection Zone is considered an injury to a Tree;
• n) "Municipal Act, 2001" means the Municipal Act, 2001, S.O. 2001, c. 25;
• o) "Penalty Notice" means a notice given to a Person in relation to a contravention of this by-law issued pursuant to Part 4 of the City's Administrative Penalty By-law as amended;
• p) "Provincial Offences Act" means the Provincial Offences Act, R.S.O., 1990, C. P.33;
• q) "Prune" or "Pruning" means the removal of a Tree branch or branches from a living Tree by cutting at a point outside the branch collar following proper arboricultural practices, which may be undertaken for the purposes of, providing clearance for utility lines, buildings, pedestrians or vehicles or eliminating dead, hazardous or diseased wood;
• r) "Public Utility" means a public utility as defined in s.1 of the Municipal Act, 2001;
• s) "Tree" means any perennial woody plant, including its root system, which has reached or can reach a height of at least 4.5 metres at physiological maturity;
• t) "Tree Inventory and Preservation Plan {TIPP)" means a plan imposed as a condition of development or redevelopment approval pursuant to sections 41, 51, or 53 of the Planning Act, 1990 R.S.O. 1990, c.P.13, which determines Trees to be preserved through an assessment process which identifies Trees, shrubs and other specific areas of natural habitat and their ecological function or importance and determines the impacts of any proposed development on the Trees, shrubs, and other specific areas of natural habitat and their ecological function or importance and such plan shall determine mitigation measures and measures to protect and manage Trees to be preserved (such measures not limited to The Corporation of the City of Richmond Hill By-law 20-25 Page4 protective barriers and/or hoarding) and proper practices to remove Trees to be Destroyed.
• u) "Tree Preservation By-law Officer'' means an individual appointed by the Commissioner for the administration and enforcement of this by-law and includes any by-law enforcement officer appointed to enforce all the Corporation's by-laws
• v) "Tree Protection Zone" or "TPZ" means an area surrounding a Tree that is designated for protection with the goal of minimizing the damage to the Tree's critical root system within which no activity is permitted to occur, including but not limited to grade changes, excavation, installation of hardscapes, and storage of materials, construction vehicles or tools.
• w) "Tree Value" or "Appraised Value" means the monetary value of a Tree as determined through calculations using the most recent valuation formula from the Guide for Plant Appraisal authored by the Council of Tree and Landscape Appraisers or such other valuation method as determined to the satisfaction of the Commissioner; and
• x) "Work Order'' means an order requiring a Person to do work to correct a contravention of this by-law.