Section 1 - Definitions
In this by-law:
“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;
“By-law Officer” means a person appointed by the Council of the City of Ottawa as a Municipal Law Enforcement Officer to enforce the provisions of this by-law;
“building permit” means a building permit issued pursuant to the Building Code Act, 1992, S.O. 1992, c. 23, as amended;
“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)
“City” means the municipal corporation of the City of Ottawa or the geographic area of the City of Ottawa as the context requires;
“DBH” or “diameter at breast height” means the measurement of a trunk of a tree at a height of one hundred and twenty (120) cm for trees of fifteen (15) cm diameter or greater, and at a height of thirty (30) cm for trees of less than fifteen (15) cm diameter;
“destroy” means to remove, cut down or in any other way damage a tree to such an extent that it is deemed necessary to remove or cut down the tree and
“destruction” has a corresponding meaning;
“distinctive tree” means any tree with a DBH of 50 centimetres or greater;
“farming business” means a farming business within the meaning of the Income Tax Act (Canada);
“General Manager” means the General Manager of Planning and Growth Management of the Infrastructure Services and Community Sustainability Department of the City or authorized designates acting under his or her authority;
“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 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;
“injure” means any action which causes physical, biological, or chemical damage to a tree and “injury” has a corresponding meaning;
“multi-residential development” means land used for residential purposes that has seven or more self-contained units under a single ownership: (2011-418)
“Municipal Act, 2001” means the Municipal Act, 2001, S.O. 2001, c.25, as amended;
“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;
“owner” means the registered owner of the land where a tree is to be protected, injured or destroyed;
“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;
“plant nursery” means the use of lands, buildings or structures, or portions thereof, where trees, shrubs, or other 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;
“Stop Work Order” means an order issued pursuant to this by-law to stop the injury or destruction of trees;
“tree” means any species of woody perennial plant, including its root system, which is 10 centimetres or greater in DBH and which can reach a minimum height of at least four hundred and fifty (450) centimetres at physiological maturity but does not include a tree regulated by the City’s “Municipal Trees and Natural Areas Protection By-law”, as amended;
“tree conservation report” means a plan prepared by an arborist that is consistent with the City’s Guidelines prescribed in Schedule “A” and that identifies the location, species and size of trees on a property, identifies trees to be cut and trees to be retained and provides tree protection measures that eliminate or mitigate the potential risk of tree damage, including but not limited to protective barriers and hoarding;
“urban area” means the lands shown on Schedule “B”, Urban Policy Plan, of the City’s Official Plan, as amended and those lands within the hatched areas as shown on Schedules “C” to “M” (2012-229) inclusive (2011-364) to this by-law.
Section 2 - Scope
This by-law applies only to a tree, the trunk of which is located entirely on private property in the urban area.
Section 3 - Interpretation
- A word interpreted in the singular number has a corresponding meaning when used in the plural.
- It is declared that if any section, subsection or part or parts thereof be declared by any Court of Law to be bad, illegal or ultra vires, such section, subsection or part or parts shall be deemed to be severable and all parts hereof are declared to be separate and independent and enacted as such.
- The word “metre” shall be represented by the abbreviation “m” and the word “centimetre” shall be represented by the abbreviation “cm”.
- This by-law includes Schedules “A” to “H” inclusive annexed hereto and Schedules “A” to “K” (2012-229) are hereby declared to form part of this by-law (2011-364).