For the purpose of this chapter, certain terms are defined as follows:
(a) "Bona fide agriculture" means a land to derive income from growing plants or trees on land, including but not limited to used principally for timber production, and not including land used principally for another use and incidentally for growing trees or plants for income.
(b) "Commercial nursery or tree farm" means a plant or tree nursery or farm in relation to those trees planted and growing on the premises, which are planted and growing for sale or intended for sale to commercial establishments or to the general public in the ordinary course of said business.
(c) "Diameter breast height (dbh)" means the diameter in inches of a tree measured at four and one-half feet above the existing grade.
(d) "Drip line" means an imaginary, perpendicular line that extends downward from the outermost tips of the tree branches to the ground.
(e) "Grubbing" means the effective removal of understory vegetation.
(f) "Historic tree" means a tree which has been found by the Village Forester. A professional forester, horticulturist, or other professional plants man, to be of notable historic interest to the Village because of its age, type, size or historic association and has been so designated has been officially made and promulgated as part of the official records of the Village.
(g) "Individual home owner" means an individual or entity who owns not more than three individual residential lots in the Village and is not holding the lots solely for sale or development.
(h) "Land clearing stage" means those operations where trees and vegetation are removed and which occurs previous to construction or building; e.g., road right-of-way excavation and paving. Lake and drainage system excavation, utility excavation, grubbing, clearing site for a home, building, or other structure, and any other clearing operation.
(i) "No tree verification" means a signed, notarized statement by owner or his agent stating that no trees exist upon the site as further set out in this chapter.
(j) "Opacity" means the state of being impervious to rays of light measured by observation of any two square yard areas lying between two feet and ten feet from the ground.
(k) "Person" means any individual, partnership, corporation, association, or other legal entity, including the plural as well as the singular, and including all tree removal companies and persons removing trees on behalf of others.
(l) "Protective barrier" means a physical structure limiting access to a protected area, composed of wood or other suitable materials which assures compliance with the intent of this chapter.
(m) "Remove or removal" means the actual removal of a tree by digging up, cutting down, or effective removal through damage.
(n) "Specimen tree" means a tree which has been determined by the judgment of the Village Forester, a professional forester, horticulturist, or other professional plantsman to be of high value because of its type, size, age, or other professional criteria and has been recorded in the records of the Village.
(o) "Transplant" means the digging up by a property owner of a tree from one place on his property and the planting of same tree in another place.
(p) "Tree" means any self-supporting, woody plant of a species which normally, in the area, grows at maturity to an overall height of a minimum of fifteen feet.
(q) "Tree survey" means a minimum of one inch equals 200 feet scale aerial or drawing to scale which provides the following information: location of all trees protected under the provision of this chapter, plotted by accurate of all techniques; common name of all trees; and diameter breast height.
(r) "Village Forester" means that individual designated by the Village as the Villages Forester or his/her designee.
(Ord. 2013-12. Passed - -)