915.02 DEFINITIONS.

   For the purposes of this chapter, the following terms, phrases, words and their derivatives shall have the meaning given herein:

   (a)    "Arborist" means a professional person whose certified area of expertise is forestry, horticulture and the selection and maintenance of trees, and other plantings.

   (b)    "Basal clearance" means the distance from the center of a tree to the drip line of the tree at maturity. This distance will not change with time for any given tree, but it will vary from species to species.

   (c)    "Canopy" means the cumulative horizontal crown at the widest point of a tree.

   (d)    "Evergreen" means trees that remain green and do not lose their leaves.

   (e)    "Critical Root Zone (hereinafter 'CRZ')" means the area surrounding a tree or planting wherein are the major roots of the tree or planting. In many, but not all species, this coincides with the extension of the tree canopy or basal clearance.

   (f)    "Curb lawn" means the area in the public way between the sidewalk and curb or edge of roadway or between the abutting property lines where there is no sidewalk.

   (g)    "Deciduous trees" means trees that lose their leaves in winter.

   (h)    "Ground operated equipment" means any utility-related owned and operated devices or access points installed at or near ground level including but not limited to pad- mounted transformers, switch boxes, manhole covers, pull boxes, gas and/or water valves, and fire hydrants.

   (i)    "Habitat" means a living environment that supports the survival needs of life, including shelter, water and food. Trees and plantings are a key component of the habitat of most species.

   (j)   "Native trees" means trees that are indigenous and original to a particular geographical area.

   (k)    "Person" means any person, firm, partnership, association, corporation, company, or organization of any kind.

   (l)   "Plantings" means trees, shrubs, and any other vegetative materials that may exceed three (3) feet in height.

   (m)    "Political subdivision” means a municipal corporation, county, school district, or other body corporate and politic responsible for governmental activities in a geographic area smaller than that of the State.

   (n)    "Private land" means areas located within the City of Hamilton that are owned by a private person and/or entity and that are not owned by any political subdivision.

   (o)    "Public land" means property or areas located within the City of Hamilton that are owned by the City of Hamilton or any other political subdivision, including but not limited to streets, rights-of-way, public ways and parks.

   (p)    "Public nuisance" means any tree or other planting with an infectious disease or insect problem or dead or dying trees or plantings; or a tree or limb(s) or plantings that obstruct the sight triangle of street lights or traffic signs or the free passage of pedestrians or vehicles; or any tree or other planting that obstructs or interferes with public utilities; or a tree or planting that poses a threat to the public health, comfort, safety, and welfare, as determined by the City Manager's designee.

   (q)    "Public way" means any public street, road, highway, public easement, sidewalk, alley, curb lawn, or public waterway, and includes the entire width of any right of way when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular and/or pedestrian traffic.

   (r)    "Shade trees" means woody plants having a single, well-defined stem, a more or less definite crown, a height of not less than thirty (30) feet and a trunk diameter at maturity of not less than six (6) inches, planted primarily for the purpose of providing shade.

   (s)    "Shrubs" means woody plants generally with no single well-defined stem used as accent, border or foundation plants.

   (t)    "Street trees" means trees planted in the public way.

   (u)    "Tree" means woody plants having a single, well-defined stem, as indicated by subsequent provisions of this chapter.

   (v)    “Topped or Dehorned trees" means trees with most or all of the crown removed.

   (w)    "Tree inventory" means a summary of data collected to document the trees in the community using accepted statistical techniques. For purposes of this chapter, a tree inventory shall include the tree count and tree species, size and condition.

   (x)    "Tree size" means:

      (1)    Utility zone plantings. Any tree reaching a mature height of less than twenty-five (25) feet.

      (2)    Small tree. Any tree reaching a mature height of less than thirty (30) feet.

      (3)    Medium tree. Any tree reaching a mature height of thirty (30) to forty-five (45) feet.

      (4)    Large tree. Any tree reaching a mature height of over forty-five (45) feet.

   (y)    "Urban forest" means the sum of all trees, shrubs, and plantings found in and around dense human settlement, including all trees, shrubs, and plantings found in parks, cemeteries, public lands, private lands, and public ways.

   (z)    "Utility zone" means the area under, over, and/or adjacent to owned utilities including but not limited to, utility poles, manhole covers, lighting fixtures, transformers, and switch enclosures.

      (Ord. 2013-6-52. Passed 6-26-13.)