Section 1 - Definitions, interpretation and general
In this by-law:
“adjacent tree” means a tree, of which the trunk is growing on a property sharing a boundary with the subject site;
“agricultural operation” means an agricultural, aquacultural, horticultural or silvicultural operation that is carried out with the expectation of gain or reward;
“applicant” means the person who submits an application to the City for a tree permit or a distinctive tree permit, as applicable;
“arborist” means an expert in the care and maintenance of trees and includes an arborist qualified by the Ontario Ministry of Training, Colleges and Universities, a certified arborist with the International Society of Arboriculture, a consulting arborist registered with the American Society of Consulting Arborists, a Registered Professional Forester or a person with other similar qualifications as approved by the General Manager;
“boundary tree” means a tree, of which any part of the trunk is growing across one or more property lines;
“building permit” means a building permit issued pursuant to the Building Code Act, 1992, S.O. 1992, c. 23, as amended;
“caliper” means the above ground diameter or a distinct part of a nursery stock stem;
“camp” means to stay overnight and erect a structure, hut or tent for the purpose of providing shelter;
“cash value” means the monetary value of a replacement tree as determined by the General Manager;
“City” means the municipal corporation of the City of Ottawa or the geographic area of the City of Ottawa as the context requires;
“compensation value” means the monetary value, plus all applicable taxes, of the tree determined to be injured or destroyed or to be replaced, and to be calculated by the City in accordance with the Council of Tree and Landscape Appraisers (CTLA) Plant Appraisal Guide, or at a value determined by the General Manager and in effect at the time the injury took place, based on the tree as it existed prior to being injured or destroyed, further to Schedule “B”;
“condominium” means a corporation created upon registration of a declaration and description under the provisions of the Condominium Act, 1998, S.O. 1998, c. 19; (2011-418)
“Consent to Enter Permit” means written approval through which the General Manager gives permission for use of a municipal natural area;
“critical root zone” means the area of land within a radius of ten (10) cm from the trunk of a tree for every one (1) cm of trunk diameter;
“DBH” or “diameter at breast height” means the measurement of a trunk of a tree at a height of one hundred and twenty (130) cm from the ground;
“destroy” means to remove, cut down or in any other way damage a tree to such an extent that the tree cannot recover and it is deemed necessary to remove or cut down the tree, and “destruction” has a corresponding meaning;
“distinctive tree” means any tree located on private property with a DBH of 30 cm or greater, within the inner urban area (urban lands within the greenbelt), and with a DBH of 50 cm or greater, within the suburban area (urban lands between the greenbelt and the urban boundary), as identified in Schedule “F”;
“distinctive tree permit” means a permit issued by the General Manager authorizing the injury or destruction of a distinctive tree in accordance with this by-law;
“farming business” means a farming business within the meaning of the federal Income Tax Act, RSC 1985, c. 1 (5th Supp);
“forest access road” means a permanent road that provides access for service, emergency, and other vehicles through municipal conservation forests;
"General Manager" means the General Manager of the Public Works & Environmental Services Department or the General Manager of the Planning, Infrastructure and Economic Development Department of the City of Ottawa, or their designate, except as otherwise specified in this by-law;
“good arboricultural practice” means the proper planting and care of trees in accordance with the standards set by the International Society of Arboriculture;
“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 aesthetics and recreational opportunities of the landscape;
“highway” means a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct, or trestle, any part of which is intended for, or used by, the general public for the passage of vehicles and includes the area between the lateral property lines thereof;
“infill development” means low rise residential development that is not subject to site plan control, plan of subdivision, or plan of condominium;
“injure” means to do any act that will harm a tree’s health in any manner, including failure to protect in accordance with standards set by the General Manager, and “injury” has a corresponding meaning;
“License of Occupation Agreement” means a written agreement through which the Director of Corporate Real Estate Office, on behalf of the City of Ottawa gives permission to a person for use of municipal property;
“motor vehicle” means a motor vehicle as defined in the Highway Traffic Act, R.S.O. 1990, c. H.8;
“motorized snow vehicle” means a motorized snow vehicle as defined in the Motorized Snow Vehicles Act, R.S.O. 1990, c. M.44;
“Municipal Act” means the Municipal Act, 2001, S.O. 2001, c. 25, as amended;
“multi-residential development” means land used for residential purposes that has seven or more self-contained units under a single ownership;
“municipal conservation forest” means a large City-owned landscape of contiguous forest in the rural area;
“municipal law enforcement officer” means a person appointed by Council to enforce the provisions of this by-law and who may be referred to as an Inspector or Officer;
“municipal natural area” means municipal property designated as a natural environment area, urban natural feature, rural natural feature, significant wetland or major open space in the City of Ottawa Official Plan and includes a municipal conservation forest, municipal greenspace and community woodland;
“municipal property” means any City-owned land and includes, but is not limited to, lands designated as municipal natural areas, parks and highways;
“municipal tree” means any tree, including a boundary tree, that is located completely or partially on municipal property;
“normal farm practice” means a practice that,
- is conducted in a manner consistent with proper and acceptable customs and standards as established and followed by similar agricultural operations under similar circumstances, or
- makes use of innovative technology in a manner consistent with proper advanced farm management practices;
“off-road vehicle” means an off-road vehicle as defined in the Off-Road Vehicles Act, R.S.O. 1990, c. O.4;
“owner” means the registered owner on title of the land or the agent of the registered owner duly authorized by the registered owner in writing;
“park” means a playground, playing field, ball diamond, sports field, beach, recreation centre, community building, facility, square, garden, water, pedestrian walkway or any other area owned, leased or used by the City and devoted to active or passive recreation and includes any lane or walkway or public parking area leading thereto;
“person” means any individual, association, firm, partnership, corporation, agent or trustee and the heirs, executors or other legal representatives of a person to whom the context can apply according to law;
“Planning Act” means the Planning Act, R.S.O. 1990, c. P.13, as amended;
“plant” means any specimen, whether living or dead, of any species of flower, shrub or tree and includes any seed, spore, pollen or tissue culture of any such flower, shrub or tree;
“plant nursery” means the use of lands, buildings or structures, or portions thereof, where plants are grown for the purpose of retail or wholesale trade and which may include the accessory sale of soil, planting materials, fertilizers, garden equipment, ornaments and similar material;
“protect” means to prevent the injury or destruction of a tree;
“protected tree” means any tree indicated in this by-law as requiring an approval, a tree permit or a distinctive tree permit for its injury or destruction, and includes a retained tree;
“replacement tree” means the nursery stock used to replace a tree, being deciduous nursery stock with a minimum caliper of fifty (50) mm measured no less than fifteen (15) cm above ground level, or coniferous nursery stock no less than two hundred (200) cm in height as measured from ground level to midway between the tip of the leader and the uppermost whorl, or as otherwise approved by the General Manager;
“retained tree” means a tree that has been identified for retention and protection in an approved Tree Conservation Report or Tree Information Report and includes a tree for which an approval, a tree permit, or a distinctive tree permit has not been requested;
“rural area” means the lands shown on Schedule “A”, Rural Policy Plan, of the City’s Official Plan, as amended, or any successor schedule thereto;
“Stop Work Order” means an order issued pursuant to this by-law to stop the injury or destruction of trees;
“trail” means hiking trails, walking paths, snowshoeing paths, cross country ski trails and bicycle trails;
“tree” means any species of woody perennial plant, including its root system, which has reached or can reach a minimum height of four hundred and fifty (450) cm at physiological maturity;
“tree conservation report” means a report prepared by an arborist that contains information as required by Schedule “E”;
“tree information report” means a report prepared by an arborist that contains information as required by Schedule “C”;
“tree paint” means a specialized paint that is applied to a cut surface of a tree after pruning or that is used to mark trees for removal;
“tree permit” means a permit issued by the General Manager authorizing the injury or destruction of a tree in accordance with this by-law;
“urban area” means the lands shown on Schedule “B”, Urban Policy Plan, of the City’s Official Plan, as amended, or any successor schedule thereto and those lands within the hatched areas as shown on Schedule “A” inclusive to this by-law;
“waste” means paper, bottles, broken glass, cans, rags, garbage, any plant matter, animal carcass, rubbish, debris, or refuse.
Section 2 - Interpretation
- This by-law includes Schedules “A” to “E” inclusive annexed hereto, and the Schedules are hereby declared to form part of this by-law.
- Reference to items in the plural include the singular, as applicable, unless used with a number modifying the term.
- In this by-law, the word “centimetre” shall be represented by the abbreviation “cm”, the word “millimetre” shall be represented by the abbreviation “mm”, and the word “hectare” shall be represented by the abbreviation “ha”.
- If any section, subsection, paragraph, or part thereof is declared by any Court to be bad, illegal or ultra vires, such section, subsection, paragraph or part thereof shall be deemed to be severable and all parts of this by-law are declared to be separate and independent and enacted as such.
Section 3 - General
- Unless otherwise specified, this by-law applies to all lands within the geographical limits of the City of Ottawa
- Any permit issued under this by-law is non-transferable.
- The holder of any permit issued under this by-law shall comply with all applicable federal and provincial legislation and regulations and all applicable municipal by-laws.
- Where a boundary tree straddles City property and private property, the tree shall be considered a municipal tree and the provisions of Part II of this by-law shall