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at'J cY <br /> y-LAW# <br /> THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON <br /> BY-LAW NO. 97-35 <br /> being a by-law to prohibit or regulate the destruction of trees in the Municipality of <br /> Clarington. <br /> WHEREAS Section 223.2 of the Municipal Act, R.S.O. 1990, provides Council with the <br /> authority to pass by-laws for prohibiting or regulating the injury or destruction of trees or <br /> any class of trees specified in the by-law in any defined area or any class of land, and to <br /> require that a permit be obtained for the injuring or destruction of trees specified in the by- <br /> law and prescribing fees for the permit, and to prescribe conditions under which a permit <br /> may be issued; <br /> AND WHEREAS Section 4.7.5 of the Municipality of Clarington Official Plan states that the <br /> Municipality will pursue a variety of mechanisms to achieve the preservation of woodlots, <br /> including the enactment of a Tree Preservation By-law under the Municipal Act; <br /> NOW THEREFORE the Council of the Corporation of the Municipality of Clarington <br /> enacts as follows: <br /> SECTION 1 TITLE OF BY-LAW <br /> This By-law may be cited as the "Woodlot Preservation By-law". <br /> SECTION 2 DEFINITIONS <br /> For the purposes of this By-law, the following definitions shall apply: <br /> "APPLICANT" shall mean the land owner who submits an Application under this By-law; <br /> "APPLICATION" shall mean the application form to destroy trees attached to this By-law <br /> as Schedule "B"; <br /> "CHRISTMAS TREE FARM" shall mean land where coniferous trees are grown and <br /> maintained for sale as Christmas trees; <br /> "CLERK' shall mean the Clerk of the Corporation of the Municipality of Clarington; <br /> "DBH" shall mean 'diameter breast height', and refers to the diameter of the stem of a tree <br /> measured at a point 1.3;metres above ground level; <br /> s. <br /> "DESTROY" shall mean´┐Że removal, harm or ruin of trees by cutting, burning, uprooting, <br /> chemical application or her means; <br /> "DIRECTOR" shall mean the Director of Planning and Development for the Municipality <br /> of Clarington; <br /> "DISEASE" shall mean any disease or injury of a tree that is caused by a vertebrate or <br /> invertebrate animal, virus, fungus, bacterium, or other organism, or any combination <br /> thereof; <br /> "EMERGENCY WORK" shall mean any work necessary to protect lives or property, and <br /> may include utility repairs and structural repairs to a building; <br /> "FARM OPERATION" shall mean an agricultural or horticultural operation that is carried <br /> on in expectation of gain or reward, and includes the cultivation of land, the raising of <br /> livestock and poultry, the production of agricultural crops and maple syrup production; <br /> "FARMER" shall mean an individual, family or designated representative involved with or <br /> responsible for the management of a farm operation; <br />