As used in this chapter, the following terms shall have the meanings indicated:
ANNUALLY or ANNUAL
A one-year period commencing on the date of the removal of a Class B tree.
APPLICANT
The owner, lessee, occupant or contract vendee of real property in the Village. or any agent thereof.
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CERTIFIED ARBORIST
An individual who has obtained knowledge and competency in arboriculture or forestry through an accredited body, such as the International Society of Arboriculture (ISA) Arborist Certification Program, the American Society of Consulting Arborists, or the New York State Cooperating Consultant Forester Program, or equivalent program as determined by the Tree Commission.
COMMISSION
The Tree Commission.
DESTROY
Shall include such practices as topping, girdling, trenching near tree roots, applying herbicides or pesticides, poisoning, ringing a tree, excessive pruning, damaging, compacting or overburdening the roots, or cutting, in a manner as to bring about, or which may reasonably be expected to bring about, the ultimate death of such tree, either immediately or within the course of time; shall also include any destructive pruning practices.
DESTRUCTIVE PRUNING PRACTICES
Pruning of a mature tree in ways that are in violation of best practices, as defined by the American National Standards Institute Guidelines for Tree Pruning [ANSI A300, Part 1]. Destructive pruning practices include, but are not limited to, tree topping, defined as cutting back large-diameter branches to stubs, and removal of more than 25% of a tree's canopy.
DIAMETER
The measurement of the diameter of a tree taken at a point five feet above ground level. If a tree splits into multiple trunks below such point, then the measurement is taken at the most narrow point beneath the split. A flexible tape measure calibrated in inches wrapped around the trunk measures its girth, and this measurement is divided by 3.14159 to determine its diameter.
EMERGENCY
Any condition in which the failure to remove a tree, or any portion thereof, shall represent an imminent danger to the health, safety and general welfare of Village residents or property in the Village.
GROUND LEVEL
The average of the ground level at the base of a tree.
HABITAT
The natural growing characteristics of any tree, which includes branch spread and distribution, branch height above the ground and root spread and distribution below the ground.
HILLSIDE
An area having a slope of 10% or greater.
PERSON
Any individual, firm, partnership, association, corporation, company, public agency, public utility, organization or entity of any kind, or agent thereof.
PREFERRED SPECIES LIST
A list of tree or shrub species for various sites and conditions, including land characteristics, existence of utility lines or facilities, and proximity to buildings, structures or paved surfaces maintained by the Village.
SUBSTANTIAL ALTERATION
Any cutting or drastic pruning or elevating the habitat of a tree that impairs or endangers the life of such tree or destroys its natural symmetry and shall include, but not he limited to, heavy or unnecessary cutting of top branches and cutting of top and side branches and limbs (commonly called "topping").
SUPERINTENDENT OF BUILDINGS
The Superintendent of Buildings of the Village, or his authorized designee.
[Added 3-7-2019 by L.L. No. 1-2019]
TREE
A woody perennial plant, typically having an elongated trunk, or trunks, that bears lateral branches and leaves at a distance from the ground.
VILLAGE CLERK
The Village Clerk or Village Clerk-Treasurer.
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Editor's Note: The former definition of "Building Inspector," which immediately followed this definition, was repealed pursuant to L.L. No. 1-2019, adopted 3-7-2019. See now the definition of "Superintendent of Buildings."