§ 154.002  DEFINITIONS.
   In addition to the definitions of Chapter 157 of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning. In the event that any term used herein is not defined then the definition of such terms as used in the latest version of the Dictionary of Architecture and Construction, by Cyril M. Harris, McGraw-Hill Publishing shall be used.
   BONA FIDE AGRICULTURAL PURPOSES.  Good-faith commercial or domestic agricultural use of the land. In determining whether the proposed agricultural use of land is bona fide, the following factors, though nonexclusive, shall be taken into consideration:
      (1)   The issuance by the county of an agricultural tax exemption for the particular real property;
      (2)   Prospective plans for utilization of the property; and
      (3)   Whether the property has qualified as a bona fide agricultural purpose within the meaning of state law.
   CANOPY.  The horizontal spread of tree and palm foliage.
   CERTIFICATE OF OCCUPANCY.  The certificate issued by the Building Official upon completion of a building in accordance with the ordinances of the town, the Standard Building Code and all other applicable regulations.
   CERTIFICATION OF COMPLETION.  The certificate issued by the enforcement official upon completion of all requirements of this chapter.
   CERTIFIED LAND CLEARING PLAN.  A plan having a written statement regarding its accuracy or conformity to specified standards, signed and sealed by a registered architect, surveyor, landscape architect or engineer.
   CLEARING.  Includes, but is not limited to, the removal of trees, shrubbery, brush or ground cover, excluding lawn grasses, from any part of the land, but shall not include maintenance mowing.
   DEVELOPED.  The point in time when the building and site have received all required final inspection approvals.
   DEVELOPMENT.  Means and refers to any proposed material change in the use or character of land, including but not limited to the placement of any structure or site improvement on the land. When appropriate to the context, DEVELOPMENT may refer to the act of issuing any building permit.
   DIAMETER AT BREAST HEIGHT (DBH).  The diameter of tree and palm material at three feet six inches above existing grade.
   DRIPLINE.  A vertical line running from the outermost horizontal circumference of the tree branches extending to the ground.
   ENCROACHMENT.  Any protrusion of a vehicle outside a parking space, display area or accessway into a landscaped area.
   ENFORCEMENT OFFICIAL.  The individual or entity designated by resolution of the Town Council as the enforcing administrative officer of this chapter.
   EXCAVATION.  The removal of any soil from a site so as to disturb an area equal to one acre foot.
   GROUND COVERS.  Vegetation, such as grass or vines or other materials, such as mulch, capable of covering the ground and preventing erosion.
   GROWING SEASON.  The productive period for plant development, generally from March through October of any year.
   IMPROVEMENTS.  Buildings, street pavements, fences, curbs and gutters, driveways, sidewalks, alley pavements, walkway pavements, water mains, sanitary sewers, sewerage systems or drainfields, stormwater drains, signs, permanent structures.
   LANDSCAPING.  Any material such as, but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms and nonliving durable material commonly used in landscaping, such as, but not limited to, rocks, pebbles, sand, walls or fences, but excluding paving.
   MANGROVES.  Any specimen of the species Rhizophora mangle (Red Mangroves), Laguncularia racemosa (White Mangroves) or Avicennia nitida (Black Mangroves).
   MEUMATOPHORES.  Roots that pull oxygen out of the air to feed the plants.
   PALM.  A fibrous perennial plant with an upright trunk or trunks having a terminal crown of large leaves, which normally grows or is capable of growing to an overall height of a minimum of 15 feet in the central coastal region of the state.
   PARKING AREA.  Any vehicular use area in which five or more parking spaces are required.
   REMOVAL.  Includes remove, removing or actual displacement or effective displacement through damaging.
   ROOT SYSTEMS.  A system functioning in two ways. LARGE ROOTS serve in anchoring plants while the HAIR ROOTS feed the plants.
   SITE.  The parcel of land for which a tree removal permit is sought.
   TREE.  A woody perennial plant with an upright trunk, which normally grows, or is capable of growing, to an overall height of a minimum of 15 feet in the central coastal area of the state, and having a trunk diameter of not less than four inches as measured three feet above actual grade.
   SHRUBS AND HEDGES.  A self-supporting nondeciduous species of plants as capable of growing in the town.
   VIABLE.  A tree or plant material alive six months after it is planted.
   VINES.  Plants that normally require support to reach mature form.
   YARD AREA.  An open space on the same lot with a building, being unoccupied and unobstructed from the ground upward, with the exception of trees and other plant material.
(2000 Code, § 62-32)  (Ord. 75-01, passed 7-14-1975; Ord. 86-04, passed 4-22-1986; Ord. 2000-03, passed 5-23-2000; Ord. 2014-04, passed 3-25-2014)