§ 150.156 DEFINITIONS.
   For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. When not inconsistent with the context, words used in the present tense include the future or past tense, and words in the singular include the plural. Words not defined in this section shall have their usual and customary meaning.
   CONSTRUCTION ACTIVITY. Any human- made change to improved or unimproved real estate that will or may result in impact on, damage to or removal of a protected tree or heritage tree, including, without limitation:
      (1)   Demolition of buildings or structures;
      (2)   The construction, installation or enlargement of buildings, structures, streets or utilities that will affect a protected tree or heritage tree or its root zone;
      (3)   Dredging, filling, clearing, drilling, mining, grading, paving or excavating operations that will affect a protected tree or heritage tree or its root zone;
      (4)   Storage of materials, including dumpsters, in the root zone of a protected tree or heritage tree; and
      (5)   Driving of vehicles or equipment in the root zone of a protected tree or heritage tree, other than on established driveways.
   DAMAGE. Any direct or indirect action that causes, or is reasonably likely to cause, the death or substantial destruction of a tree or a significant loss of a tree’s structural integrity including, without limitation, destruction, poisoning, carving, mutilating, girdling, severing the main trunk, leader or large branches or roots, removing any portion of the bark from the main trunk, leader or large branches, touching with live wires, crushing or exposing the roots, digging or drilling any hole or trench within the root zone, filling with soil or other materials within the root zone, compacting a substantial portion of the soil in the root zone, or moving a tree to another location. Without limitation of the foregoing, DAMAGE does not include the pruning of trees in accordance with national pruning standards.
   DIAMETER AT BREAST HEIGHT (DBH). The diameter of the trunk of a tree measured in inches at a point four and one-half feet above the existing grade at the base of the tree. All references to diameter size shall be to the DBH.
   DISEASED TREE. Any of the following types of trees:
      (1)   Trees of any species or variety infected with Dutch elm disease or oak wilt, as determined by laboratory analysis or by any other reliable means;
      (2)   Trees or parts thereof of elm or zelkova, or of any other species, in a dead or dying condition that may serve as breeding places for the European elm bark beetle, Dutch elm disease or oak wilt;
      (3)   Trees of any species or variety infected with, or that may serve as breeding places for, the Asian long-horned beetle or the Asian cerambycid beetle (anoplophora glabripennis); or
      (4)   Trees harboring other diseases or infestations that create a condition that is otherwise unsafe and a hazard to the urban forest.
   HERITAGE TREE. All genus, species, varieties and cultivars of trees with a DBH equal to or greater than 18 inches.
   IMPACT. Any act that causes, or is reasonably likely to cause, the loss in value or loss in aesthetic value of a tree. Without limitation of the foregoing, IMPACT does not include the pruning of trees in accordance with national pruning standards.
   LOT. Any lot of record in the village, or any lot as defined in the village zoning regulations.
   NATIONAL PRUNING STANDARDS. The standards adopted by the American National Standards Institute, ANSI A300 (Part 1)-2001 Pruning, as those standards may be amended from time to time.
   PERSON. Any public or private individual, group, company, firm, corporation, partnership, association, society, entity or any other combination of human beings, whether legal or natural, including, without limitation, public utilities, but not the village or its employees or officials acting in their official capacity.
   PROTECTED TREE. The following:
      (1)   All genus, species, varieties and cultivars of deciduous trees with a DBH of at least eight inches but less than 18 inches;
      (2)   All coniferous trees, regardless of their DBH, that exceed 30 feet in height; and
      (3)   All trees located on any public right-of-way or property that is owned by or under the jurisdiction of the village.
   REMOVE or REMOVAL. The physical detachment or elimination of a tree, or the effective detachment or elimination of a tree, through damage or other direct or indirect action resulting in, or likely to result in, the death of the tree. Without limitation of the foregoing, REMOVE or REMOVAL does not include the pruning of trees in accordance with national pruning standards.
   REQUIRED YARD. Any yard required to be established on any lot pursuant to the applicable zoning district regulations of the village zoning regulations.
   ROOT ZONE. The area inscribed by an imaginary circular line on the ground beneath a tree and surrounding a tree and measured from the perimeter of the base of the trunk of the tree for a distance equal to one foot for every one inch of DBH. The ROOT ZONE may be located, in part, outside of the lot on which the tree is located.
   TREE. A self-supporting, woody plant, together with its root system, having a well-defined stem or trunk or a multi-stemmed trunk system. TREE shall not include trees in containers or nursery stock trees maintained for resale.
   TREE EMERGENCY. The existence of any tree within the village that has become an immediate danger or hazard to persons or property as a result of any tornado, windstorm, flood, freeze or other natural disaster.
   TREE ORDINANCE AUTHORIZATION. A written form issued by the Village Manager pursuant to this subchapter allowing construction activity to proceed without any impact on, damage to or removal of any protected tree or heritage tree in the village.
   TREE PERMIT. A permit required by this subchapter that must be issued prior to the impact on, damage to, or removal of any protected tree or heritage tree in the village.
   TREE PERMIT APPLICATION. An application that must be filed pursuant to § 150.158.
   VILLAGE MANAGER. The individual appointed as Village Manager pursuant to this code, or his or her designee.
(Ord. 945, passed 10-11-2005; Ord. 1282, passed 6-21-2021)