For purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the content, words used in the present tense include future, words in plural include the singular and words in the singular include plural. The word "shall" is mandatory and not merely directory.
BOULEVARD: That part of the public right-of-way not covered by sidewalk or other paving, lying between the property line and the curb line of any street. (In the absence of a curb, the curb line of a street shall be deemed to be the edge of that portion of the public right-of-way maintained and open to the use of the public for purposes of vehicular travel.)
CANOPY TREE: A tree that, under normal forest conditions, will compose the top layer or canopy of vegetation and generally will reach a mature height of greater than forty feet (40').
CITY: The City of Whitefish, Flathead County, State of Montana.
CLEARING: The removal of vegetation from a property, whether by cutting or other means.
DIRECTOR OF PARKS AND RECREATION: The designated official for the City of Whitefish assigned to carry out the enforcement of this chapter.
DRIPLINE: A line on the ground established by a vertical plane extending from a tree's outermost branch tips down to the ground, i.e., the line enclosing the area directly beneath the tree's crown from which rainfall would drip.
GRADING: The placement, removal, or movement of earth by use of mechanical equipment on a property.
OVERSTORY: The highest layer of vegetation in a forest, usually forming the canopy.
PARKS AND RECREATION DEPARTMENT: The designated department for the City of Whitefish under whose jurisdiction public trees fall.
PERSON: Any person, firm, partnership, association, corporation, or company of any kind.
PROPERTY LINE: The outer edge of a street or highway right-of-way and other City owned properties.
PROPERTY OWNER: The person owning such property as recorded at the Clerk and Recorder's Office of Flathead County, State of Montana.
PUBLIC PLACES: This shall include all other grounds owned by the City of Whitefish.
PUBLIC TREES: All ornamental and native trees growing on any street or any public places.
SCREENING: A method of shielding or obscuring one abutting or nearby structure or use from another by opaque fencing, walls, berms, densely planted vegetation, or the like.
SHRUB: A woody plant of relatively low height, as distinguished from a tree by having several stems rather than a single trunk.
STREET: The entire width of every public way or right-of-way including sidewalks and bike lanes when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular and pedestrian traffic.
TOPPING: The severe cutting back of limbs to stubs larger than three inches in diameter within the Tree's crown to such a degree as to remove the normal tree canopy and disfigure the tree.
TREE: Any self-supporting woody perennial plant, usually having a main stem or trunk and many branches, and at maturity normally attaining a trunk diameter greater than three inches (3") at any point and a height over ten feet (10').
TREE PROTECTION ZONE (TPZ): The Tree Protection Zone is an area where construction activities are prohibited or restricted to prevent injury to public trees, especially during pre-construction and construction, and includes the Critical Root Zone and/or beyond. The TPZ shall include no less than the total area beneath the tree canopy or Critical Root Zone which is defined by the drip line of the tree or group of trees collectively.
UNDERSTORY TREE: A tree that, under normal forest conditions, grows to maturity beneath overstory trees and will generally reach a mature height of at least ten feet (10') but less than forty feet (40'). (Ord. 17-34, 12-4-2017; amd. Ord. 22-08, 6-6-2022)