(a) Hazardous tree - a public tree or private tree or any portion thereof which is determined by the Tree Commission or its Designee to create a health or safety risk to the public because the tree is dead or dying, has an infectious disease or insect problem, is injured beyond restoration, is in danger of falling, is so close to an existing or proposed public structure as to endanger such structure, creates unsafe visual clearance, interferes with public utility services or communications facility services, or poses other risks identified by the Tree Commission. (Ord. 31-2006. Passed 3-21-06.)
(b) Private Tree - Any tree on private property and not a public tree.
(c) Pruning - selective removal, trimming and/or thinning of the upper portions of the tree, taking into account the shape and natural structure of the tree.
(d) Public Tree - a tree located on Village property or any tree owned-by the Village of Fairport Harbor, Ohio. This includes Village rights-of-way.
(e) Rare or Heritage Tree - Any healthy tree that:
(1) Has a trunk diameter at breast height (DBH) of 36 inches or more, or
(2) Is listed as a State or National Champion with the American Forestry Association, or
(3) Provides a unique habitat for any endangered or threatened wildlife species protected by Federal Law, or
(4) Has been cited by the Village Council as being historically significant, or
(5) Represents an uncommon endangered species.
(f) Right-of-way - in the absence of a tree lawn, the strip of land that immediately adjoins the street. The width of the right-of-way is normally 20 feet for a 40 foot street.
(g) Shade tree - any tree that lies within the tree lawn or right-of-way.
(h) Shrub - A woody plant, smaller than a tree, consisting of several small stems from the ground or small branches near the ground.
(i) Topping - The severe cutting back of limbs to stubs larger than 4" in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree.
(j) Tree Lawn is the strip of land between the street curb and the sidewalk.
(k) Village - The Village of Fairport Harbor, Ohio.
(Ord. 2005-066. Passed 6-14-05.)
(l) Designee - Village Administrator.
(Ord. 31-2006. Passed 3-21-06.)