For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Terms not otherwise defined herein shall be interpreted first by reference to the Louisville Metro Land Development Code and the code of ordinances for the City of Audubon Park, Kentucky (“city”) if specifically defined therein; then according to common usage, unless the context clearly indicates otherwise.
APPROPRIATE INSURANCE. Current and continued insurance coverage issued by an insurance company licensed to write and issue policies of insurance within the Commonwealth of Kentucky, with the applicant applying for a permit under § 93.09 of this chapter having insurance coverage in the minimum amounts of $300,000 for bodily injury and $1,000,000 for property damage, per occurrence, and indemnifying the city and any person who may be injured or suffer damages resulting from the conduct, activities, and the pursuits of the applicant, and worker’s compensation insurance for all agents or employees of the service provider in the amounts required by law. The certificate of insurance presented to the city must list the certificate holder as “City of Audubon Park, 3340 Robin Road, Audubon Park.” APPROPRIATE INSURANCE requirements shall not apply to employees, assigns, and agents of the city nor to any public service company doing such work in the pursuit of their public service endeavors or city employment.
CALIPER. The diameter in inches of a tree trunk taken 6 inches above the ground for up to and including 4-inch caliper size, and 12 inches above the ground for larger sizes.
CERTIFIED ARBORIST. An arborist certified by the International Society of Arboriculture.
CITY FORESTER. The city official appointed by the Mayor and confirmed by the legislative body pursuant to § 93.07 of this chapter.
COMPACTION. The process of compressing soil structure by foot or vehicle or by construction such that existing roots of a tree are damaged and roots can no longer penetrate soil to support growth and maintain health.
CRITICAL ROOT ZONE. The minimum area surrounding a tree considered essential to support its viability. The dimensional measurement of the critical root zone is equal to a radius of one foot per one inch of trunk DBH (defined below). Thus, in the instance of a 20-inch DBH tree, the tree’s critical root zone would consist of a 20-foot radius projecting in all directions from the tree as measured from the center of its trunk; or in terms of full diameter, a critical root zone of a 40-foot diameter spread across the full root system of the tree.
DBH (DIAMETER AT BREAST HEIGHT). The main stem of a tree trunk measured in inches at a height of 4½ feet above the natural grade of the ground at its base. Whenever a branch, limb, defect or abnormal swelling of the trunk occurs at this height, the DBH shall be measured at the nearest point below 4½ feet at which a normal diameter occurs. If a tree splits into multiple trunks below 4½ feet, then the trunk is measured at its most narrow point beneath the split. In determining the DBH for purposes of calculating the value of a tree which has been illegally cut or removed, DBH shall be the top diameter of the stump less than 4½ feet above the ground.
DEAD (TREE OR LIMB). A tree or tree limb that is dead or has been damaged beyond repair or where insufficient live tissue, green leaves, limbs, or branches exist to sustain life.
DESTROYED TREE. A tree which through an intentional or negligent act or lack of protection is more likely than not to die within a period of five years, as determined by a certified arborist employed or retained by the Forest Board.
DYING TREE. A tree in an advanced state of decline because it is injured, diseased, or infested by insects and cannot be saved by reasonable treatment or pruning, or must be removed to prevent spread of infestation or disease to other trees, or is likely to become a danger.
FOREST BOARD. These individuals appointed by the Mayor and confirmed by the legislative body pursuant to § 93.06(A) of this chapter.
IMMINENT THREAT. Sudden and unexpected instability or collapse of a tree or major limb that may cause harm to persons or property, or block vehicular traffic, which requires professional equipment to move, and is approved by the City Police as an “imminent threat.”
PROPER ARBORICULTURAL PRACTICES. A reference to the methods employed during tree planting or cutting or removing any part of the branching structure of a plant in the crown, trunk, or root areas in accordance with the most recent edition of the American National Standards Institute (ANSI) “A-300 Standards” and published “Best Management Practices” of the International Society of Arboriculture.
PROPERTY OWNER. Any person who is the owner of record of real property located within the city, as well as any person who is an owner within the meaning of § 10.02 of this code.
PRUNING. The removal or reduction of parts of a tree which are not requisite for growth or production, or are injurious to the health or development of a tree.
PUBLIC TREE. A tree with a base wholly, or in part, situated on city owned or controlled land or in public rights-of-way controlled by the city, excluding parks and parkways that are under the jurisdiction of Louisville Metro Parks or other governmental jurisdictions.
PUBLIC TREE NUISANCE. Causing or suffering any tree, stack, or other object to remain standing upon any premises within the city in such condition that it shall, if the condition is suffered to continue, endanger the life, limb, or property or cause hurt, damage, or injury to persons or property upon the streets or public ways of the city adjacent thereto, by the falling thereof or of parts thereof.
PUBLIC UTILITY. An organization that provides a utility service for the use and benefit of the public, including but not limited to electricity, natural gas, water, sewage, storm water, cable, telephone and telecommunications service, and maintains infrastructure for the provision of such service. A public utility may be publicly, privately, or cooperatively owned, and may or may not be regulated by the Kentucky Public Service Commission.
TOPPING. The severe cutting back of limbs to stubs within a tree’s crown and thus reducing the size of the tree using heading cuts that shorten limbs or branches back to a predetermined crown limit; also referenced as “heading”, “tipping”, “hat racking”, or “rounding over”.
TREE MAINTENANCE. Any and all work performed on a tree and any associated costs including, but not limited to watering; structure and safety related pruning; removing dead or diseased limbs; treating insect infestations, fungi, diseases and pest control; and removal when a majority of a tree is dead or is a threat to public health and safety.
TRENCH OR TRENCHING. A cut in the ground exceeding 12 feet in length and a depth sufficient to damage tree roots in the area of the trench.
(Ord. 8, Series 2019, passed 9-16-2019)