Loading...
1998-134 To Prohibit or regulate the Placing or Dumping of Fill in areas of the Township of Oro-MedonteTHE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 98- 134 • A by-law to prohibit or regulate the Placing or Dumping of Fill in areas of the Township of Oro-Medonte WHEREAS Section 223.1 of the Municipal Act, R.S.O. 1990 c.M.45, as amended, authorizes the Council of local municipalities to pass by-laws for prohibiting or regulating the placing or dumping of Fill of any kind in any defined area or areas in the Township of Oro-Medonte. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ENACTS AS FOLLOWS: PART 1 -DEFINITIONS 1.1 In this by-law: (a) "Corporation" means the Corporation of the Township of Oro- Medonte; (b) "Dumping" means the depositing of fill in a location other than where the fill was obtained and includes the movement and depositing of fill from one location on a property to another location on the same property, "Dump" shall share a corresponding meaning; (c) "Fill° means any type of material deposited or placed on lands and includes but is not limited to sand, soil, stone, granular material, concrete, asphalt, sod or turf either singly or in combination; -2- (d) "Employee" means any person employed by the Corporation of the Township of Oro-Medonte who are authorized to carry out any of the powers or duties pursuant to this by-law, for the period of their employment with the Corporation; (e) "Environmentally Significant Area (ESA)" means lands within the Environmental Protection (EP) Zone, or Floodplain Overlay (FP) Zone in Zoning By-law 97-95, as amended, or Class 4,5,6 and 7 wetlands as identified on Schedule "B" of the Official Plan of the Corporation. (f) "Existing Grade" means the elevation of the ground surface of the lands upon which dumping andlor placing of Fill is proposed prior to the dumping or placing of fill and of abutting ground surface up to 3 metres wide surrounding such lands, except that where placing or dumping of Fill has occurred in contravention of this by-law Existing Grade shall mean the ground surface of the lands as it existed prior to the placing or dumping of Fill; (g) "Finished Grade" means the approved elevation of the ground surface of lands upon which Fill has been placed in accordance with this by-law; (h) "Owner" includes any person, firm or corporation shown as being the registered owner on which Fill is to be placed or dumped of the lands according to assessment records as well as the tenant or occupant of such lands or a mortgagee in possession of such lands; (i) "Placing" means the distribution of Fill on lands to establish a Finished Grade higher than the Existing Grade, "Place" shall have a corresponding meaning; (j) "Septic System Tile Field" means that component of any class of septic system where a system of pipes underneath ground level are located to dispose of effluent undemeath the ground; -3- (k) "Soil" means material commonly known as earth, top soil, loam, subsoil, clay, sand or gravel, free of contamination; (I) "Swale" means a shallow depression in the ground sloping to a place of outflow of surface water for the purpose of providing a method of drainage; (m) "Township" means the Corporation of the Township of Oro- Medonte; (n) °Township of Oro-Medonte" means the lands within the geographic boundary of the Township; PART II -PROHIBITION 2.1 (a) No person shall Place or Dump Fill in the Environmentally Significant Areas (ESA) as defined in Section 1.1 (e) of the Township of Oro-Medonte. (b) The provisions of subsection 2.1(a) of this section do not apply to: (i) the use, operation, alteration, or replacement of a septic system the field that existed on the effective date of this By- law, provided that any alteration to or replacement of the septic system the field in accordance with Part 8 of the Ontario Building Code or the Environmental Protection Act does not increase the land area or change the location of the system in the Environmental Protection (EP} Zone. (ii) the construction, extension, alteration, maintenance or operation of works under section 26 of the Public Transportation and Highway Improvement Act; (iii) the activities of the Township, The County of Simcoe, District School Boards, Crown agencies as defined in the Crown Agency Act and Ontario Hydro; (iv) persons operating a pit or quarry who are in possession of a valid license or permit issued under the Aggregate Resources Act; -4- (v) a building permit has been issued by the Chief Building Official for the erection of a building or structure; (vi) A work permit has been issued by the Ministry of Natural Resources under the Public Lands Act or the Lakes and Rivers Improvement Act, (vii) Fill is Placed or Dumped in an excavation to the elevation of the Existing Grade at the immediate perimeter of the excavation following the demolition or removal of a building or structure; (viii) Where soil is placed on lands for the purpose of lawn dressing, landscaping, adding to flower beds or vegetable gardens, provided the Finished Grade of any portion of the lands is not increased by more than 30 centimetres (12 inches), or where soil is added to a contained flower bed or landscape planter provided there is no change in the location, direction or elevation of any natural or artificial watercourse, open channel, swale or ditch used to drain land. (ix) Works authorized by the Nottawasaga Valley Conservation Authority through the issuance of a Fill, Construction, and Alteration to Waterways permit, pursuant to the regulations made under the Conservation Authorities Act. (c) If there is a conflict between this By-law passed and a By-law passed by the Council of the County of Simcoe, the By-law of the County of Simcoe prevails. 2.2 The Owner of any land upon which Fill is being dumped, has recently been dumped, or upon which it is proposed that Fill be dumped shall allow employees of the Corporation to enter upon the land for the purpose of determining compliance with the provisions of this by-law. -5- 2.3 Employees of the Corporation may inspect any land within the Township, upon which Fill is being dumped, has recently been dumped, or upon which it is proposed that Fill be dumped to determine compliance with the provisions of this by-law and to determine if the lands are within the Environmental Protection (EP) Zone. 2.4 If the lands upon which fill is being dumped, has recently been dumped or upon which it is proposed that fill be dumped should not, on the basis of a site inspection by an employee of the Corporation, be in the Environmental Protection (EP) Zone, the subject lands shall be re-zoned in accordance with Section 34 of The Planning Act, R.S.O. 1990 c.P. 13 before the placing or dumping of fill is permitted. The employee of the Corporation may seek the advice of the Nottawasaga Valley Conservation Authority if the affected lands are within their legal jurisdiction and/or the Ministry of Natural Resources if the subject lands are a Provincially Significant Wetland before making a recommendation on the re-zoning. 2.5 The administration and enforcement of this by-law shall be performed by the Employees as may be appointed by the Corporation. PART III -ADMINISTRATION 3.1 An Employee may, during daylight hours, enter and inspect any land to which the by-law applies. 3.2 An Employee may, in carrying out an inspection, be accompanied by a person who has expert knowledge in relation to a property or part thereof. 3.3 If, after inspection, the employee is satisfied that there is a contravention of the by-law, he or she shall notify the owner of the land of the particulars of the contravention by personal service or prepaid registered mail sent to the last known address of the person to whom notice is to be given or that person's agent for service and may, at the same time, provide all occupants with a copy of the notice. -6- 3.4 The employee may make an order setting out: (a) the municipal address or the legal description of the property; (b) reasonable particulars of the work to be done to correct the contravention and the period in which there must be compliance with the order. 3.5 An order under subsection 3.4 may be served personally or by registered mail sent to the last known address of the person to whom notice is to be given or that person's agent for service. 3.6 Notice of the costs incurred by the Township to perform any work required in an Order issued pursuant to this By-law may be registered against the Owner's land for the purpose of giving notice of the Township's lien against such lands and may be recovered by action or as municipal taxes. 3.7 Every person who contravenes any provision of this By-law is guilty of an offence and shall be liable to a fine in the amount to be determined pursuant to the provisions of the Provincial Offences Act R.S.O. 1990,c.P. 33 (as amended) and, every such fine is recoverable under the Provincial Offences Act. 3.8 The conviction of an offender upon the breach of any provisions of this By- law shall not operate as a bar to a prosecution against the same offender upon any continued or subsequent breach of any provision and the JudgelJustice may convict any offender repeatedly for continued or subsequent breaches of the By-law and the provisions of the Municipal Act, R.S.O. 1990c.M.45,s.327, as amended ftom time to time, shall further apply to any continued or repeated breach of this By-law. 3.9 In the event that damage occurs to any Township Road as a result of any i activity or activities regulated by this By-law the owner and/or permit hold shall be liable for, and shall bear all costs for repairing any such damage. -7- 3.10 In the event that any particular provision or provisions or part of a provision of this by-law is found to be invalid or unenforceable for any reason whatsoever, then the particular provision or provisions or part of the . provision shall be deemed to be severed from the remainder of this By-law and all other provisions shall remain in full force and shall be valid and enforceable to the fullest extent permitted by law. BY-LAW READ A FIRST AND SECOND TIME this 16th day of December 1998 BY-LAW READ A THIRD TIME and finally passed this 16tH day of December ,1998 ,~ ~//~f e'er ~^'~ .' L. DeputyrMayor, Don Bell a Clerk -Lynda Aiken