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