For the purpose of this chapter the following terms, phrases, words and their derivations shall have the meaning given herein:
ADMINISTRATOR: A town staff member appointed by the mayor to be responsible for coordinating requests to and recommendations from the tree advisory board. The administrator oversees the community forest and acts to effectuate this chapter.
APPLICANT: A person who is applying for a license, certification or permit as required by this chapter.
COMMUNITY FOREST: The sum of all tress and shrubs within the town.
CONTROLLER: Every person (owner, agent, tenant, occupant or lessee) who exercises care, custody and control of private real property that abuts a right of way upon which a public tree or shrub is located.
DISEASED TREE: A tree or part thereof which has become blighted, defaced or has become significantly diseased.
INJURIOUS PEST OR DISEASE: Refers to organisms capable of seriously damaging the form or structural integrity of a tree.
LICENSEE: A person with a valid contractor's license and/or tree service certification as required by this chapter.
PARK TREES: All public trees in public parks and in all areas owned by the town or to which the public has free access, but excluding those trees in the public right of way.
PERSON: Any individual, firm, partnership, corporation, association, company, municipal corporation or other governmental entity or organization of any kind.
PLANTED TREE: A tree having a minimum diameter of one inch (1") at one and one-half feet (11/2') above ground level.
PRIVATE TREE: A tree that is not a public tree.
PRUNING: The removal of plant parts, dead or alive, in a careful and systematic manner so as not to damage other parts of the plant or the tree as a whole.
PUBLIC RIGHT OF WAY: Means improved or unimproved public property owned by, dedicated to, or deeded to, the public or for the public's use, for the purpose of providing vehicular, pedestrian and other public use. Such public property provides circulation and travel to abutting properties and includes, but is not limited to, streets, alleys, sidewalks, tree lawn, provisions for public utilities, cut and fill slopes, and open public space.
PUBLIC TREE OR SHRUB: A tree or shrub that is situated in such a manner that fifty one percent (51%) or more of the tree trunk or shrub base at ground level is on public property or public right of way, including the tree lawn.
SHRUB: A multiple stemmed, woody plant whose height at maturity is between three feet (3') and fifteen feet (15').
STREET: That portion of the public right of way which is improved, maintained and intended for use by vehicles to provide traffic circulation, primary access to abutting properties and parking. This definition includes all of the area typically located between curbs.
STREET TREES: All public trees located within the public right of way.
TOPPING: The severe cutting back of limbs within the tree's crown to such a degree that only stubs remain or the removal of the top part (trunk and limbs) of a coniferous tree, thereby removing a significant portion of the normal crown.
TREE: A woody perennial plant usually having one main stem or trunk and many branches. It usually exceeds fifteen feet (15') in height at maturity; however, its failure to achieve such height at maturity shall not preclude its inclusion as a tree.
TREE ADVISORY BOARD: An advisory board appointed by the mayor and approved by the town council to assist the town in the management of its community forest.
TREE LAWN: That portion of the public right of way lying between the street and private property lines which is generally unimproved and planted with grass or other vegetation. (Ord. 95-8, 4-24-1995; amd. 2007 Code)