1998-035 To Regulate and Prohibit the Removal of Topsoil with the Township of Oro-Medonte
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 98-35
A BY-LAW OF THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP
OF ORO-MEDONTE TO REGULATE AND PROHIBIT THE REMOVAL OF
TOPSOIL WITHIN THE TOWNSHIP OF ORO-MEDONTE.
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WHEREAS the Topsoil Preservation Act, R.S.O. 1990, Chapter T.12, provides
that by-laws may be passed by Councils of Local Municipalities regulating or
prohibiting and providing for the issuing of permits for the removal of topsoil and
requiring the rehabilitation of lands from which topsoil has been removed; and
WHEREAS the Council of The Corporation of the Township of Oro-Medonte
deems it advisable to exercise the authority provided in the Topsoil Preservation
Act.
NOW THEREFORE, the Council of The Corporation of the Township of Oro-
Medonte as follows:
1. For the purpose of this By-law the following definitions apply:
"Clerk" means the Clerk duly appointed by the Council of The
Corporation of the Township of Oro-Medonte.
"Lot" means a parcel of land to which title can be legally conveyed
subject to the provisions of the Planning Act, R.S.O. 1990
Chapter P. 13.
"Person(s)" means any human being, firm, association, partnership,
private club, incorporated company, corporation, tenants in
common, joint tenants, agent or trustee and the heirs,
executors or other legal representatives of a person to whom
the context can apply according to law.
"Site" means the area of land within a lot, from which topsoil is to
be removed in accordance with the permit issued by Council.
"Topsoil" means that horizon in a soil profile, known as the "A" horizon
containing organic material.
"Corporation" means The Corporation of the Township of Oro-Medonte.
2. No person shall remove or permit the removal of any topsoil from any
lands within the Township unless such person has applied for and
obtained from the Township of Oro-Medonte, a permit for such purpose
in accordance with the provisions of this By-law.
3. The fee for a permit to remove topsoil shall be $150.00 (one hundred and
fifty dollars) per hectare calculated on the area of the site where the topsoil
is to be removed.
4.
All applications for permit shall contain the following and shall be filed with
Public Works before any permit may be issued:
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(a) An application in the form of Schedule "A" attached hereto and
forming part of this By-law, containing all information indicated in
Schedule "A" and signed by the applicant.
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(b) If the applicant is a Corporation, a copy of its articles of
incorporation or letters of patent and last annual return as filed with
the Companies Branch, of the Ministry of Consumer and
Commercial Relations, Toronto.
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(c) A copy or photocopy of the registered deed showing the legal owner
of the subject property or verification by the Township.
5. No permits shall be issued for the removal of topsoil:
5.1 From any lands zoned Open Space (OS) Zone, and Agriculture/
Rural (AlRU) Zone under the Township of Oro/Medonte Zoning
By-law 97-95.
5.2 From any site where a permit has previously been issued for the
removal of topsoil.
5.3 From a total of more than ten (10) hectares of land within the
Township of Oro-Medonte in anyone calendar year and excluding
lands one hectare or less fronting on Highway 11.
6. Where a permit has been issued by Public Works for the
removal of topsoil, it shall be subject to the following conditions:
6.1 That a minimum of ten (10) centimeters of topsoil is to be retained.
The said ten (10) centimeters is to be measured in a natural
uncompacted state.
6.2 The site for the removal of topsoil shall not exceed four (4)
hectares.
6.3 No further permits shall be issued to the owner in the same
calendar year.
6.4 That a program of rehabilitation covering the site shall be carried
out in accordance with the standards and procedures set out
under Section 7 to this By-law.
6.5 The parties agree that the designated haul roads for the Topsoil
removal operation shall be as set out on Schedule "B" attached
hereto.
7. Where a permit has been issued in accordance with the provisions of this
By-law the following standards and procedures for the rehabilitation of the
site shall be met:
7,1
The site or any part thereof from which topsoil has been removed
shall, at the commencement of the growing season in the year
immediately following the year in which the said topsoil was
removed:
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7.1.1 be cultivated and harrowed to establish a proper seed bed;
and
7.1.2 be planted with a mixture of perennial and annual seeds of
grasses and legumes and fertilized so that the entire site
from which topsoil has been removed is covered with non-
noxious weed vegetation so as to prevent wind and water
erosion during the summer season.
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7.2 The planting of the vegetation required under clause 7.1.2 shall be
completed within twelve (12) months from the date of the removal of
topsoil from all or any part of the site.
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7.3 Corn or any similar row crop shall not be planted on the site being
rehabilitated for a period of five (5) years from the date on which the
rehabilitation program is commenced.
7.4 The rehabilitation program shall be undertaken and carried out on
an annual and continuous basis for a period of not less than five (5)
years from the date on which the rehabilitation program is
commenced
8. This By-law does not apply to:
8.1 The removal of topsoil as an incidental part of a normal
agricultural practice including such removal as an incidental part
of sod-farming, greenhouse operations and nurseries for
horticultural products.
8.2 The removal of topsoil as an incidental part of drain construction
under the Drainage Act, or the Tile Drainage Act.
8.3 The removal of topsoil as an incidental part of operations authorized
under the Pits and Quarries Act.
8.4 The removal of topsoil as an incidental part of operations authorized
under the Mining Act.
8.5 The removal of topsoil by a Crown agency, Ontario Hydro Electric
Commission.
8.6 In the case of a By-law passed by a local municipality, the removal
of topsoil by the County of Simcoe.
8.7 The removal of topsoil as an incidental part of any construction for
which leave to construct has been granted to The Ontario Energy
Board Act.
8.8 The removal of topsoil as an incidental part of the construction of
any form of underground service where the topsoil is removed and
held for subsequent replacement.
8.9 The removal of topsoil where the quantity of topsoil removed in any
one lot does not, in any consecutive three-month period, exceed
five cubic metres.
8.10 The removal of topsoil as an incidental part of the construction of a
public highway.
9. This By-law does not apply to the extent that it is inconsistent with the
e terms of an approval of agreement under the Planning Act, ego Subdivision
Agreement, etc.
10. This By-law does not apply to prevent the construction of any building
structure, driveway, loading or parking facilities permitted or required on a
lot pursuant to:
10.1 A By-law passed by the Township of Oro-Medonte pursuant to
Section 34 of the Planning Act.
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10.2 An order made by the Minister of Municipal Affairs pursuant to
Section 47 of the Planning Act.
11. Public Works may revoke any permit if:
a)
b)
it was issued on mistaken or false information;
a person is in violation of any of the provisions of this By-law;
c) a person is in default of any of the terms of the Agreement provided
for under Schedule A or Schedule B of this By-law.
12. Should any section, clause or provision of this By-law be held by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of
the remainder of the By-law.
13. Any person who contravenes any provision of this By-law is guilty of an
offence, and is subject to a penalty pursuant to the Provincial Offences
Act, R.S.O. 1990., c.P.33. Each time a breach of this By-law occurs it
shall constitute a separate offence.
14. This By-law takes effect and comes into force on the date it is passed by
Council.
READ A FIRST, AND TAKEN AS READ A SECOND AND THIRD TIME AND
FINALLY PASSED THIS 18TH DAY OF MARCH 1998.
Ian Beard
Lynda Aiken, Clerk
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SCHEDULE "N
THIS IS SCHEDULE "A" TO BY-LAW NO'-92-35
OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
APPLICATION FOR A PERMIT TO REMOVE TOPSOIL
1. Name of Registered Owner of Property
e from which topsoil is to be removed
Telephone Number of Owner
2. Area of site from which the topsoil is being removed hectares.
3. Total area of lot on which the site is located hectares.
4. Period during which topsoil is to be removed (dates)
5. If the period referred to above is greater than one year, specify the
maximum area from which topsoil is to be removed within anyone year
period:
hectares.
6. Current use of the site
7. Current use of the lot on which the site is located
8. Is there a possible normal farming use using acceptable farming practices
for the site? Yes No Not sure
9. Is there a possible normal farming use using acceptable farming practices
for the lot? Yes No Not sure
10. Is the owner of the lot a landscaper, gardener or carrying on a similar
business?
Yes No and is the removal of topsoil in
the normal course of such business? Yes No
11. Official Plan designation of lot
In compliance with Official Plan?
Yes
No
12. Zoning By-law designation of lot
In compliance with Zoning By-law?
Yes
No
Note 1:
required.
A photocopy of the duplicate registered deed of the lot in question is
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Note 2: A plot plan to scale showing the boundary of the lot, the location
and site of all structures on the lot and the specific site for the removal of topsoil
is required.
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AGREEMENT
I. the registered owner of the above referred lot hereby agree that:
(a) Forthwith during the first next growing season after the removal of the said
topsoil to rehabilitate the site to the following standards and in the following
manner:
e (i)
(ii)
(iii)
(b) (I)
The site will be graded smoothly;
It shall then be cultivated and harrowed to establish a proper seed
bed;
Proper drainage will be provided for the site, to the satisfaction of
the Township of Oro-Medonte.
If the Period of removal stated in item 4 above is equal to or less
than one year, the sum of $ deposited herewith being
cash, certified cheque or letter of credit calculated at the rate of
$500.00 per hectare of the site for removal of topsoil shall be held
by the Township as security for the due performance of my
obligation set out in subparagraph (a) above.
(ii) If the period of removal stated in item 4 above is greater than one
year from the date of this application, I agree and understand that
this permit is for the removal of topsoil from no more than
hectares (same as item 5 above) per year, and the sum of
$ deposited herewith being cash, certified
cheque or letter of credit calculated at the rate of $1000 per hectare
as stated herein shall be held by the Township as security for the
due performance of my obligation set out in subparagraph (a)
above.
(c) The Township may enter on the lot and site any time to inspect the
removal of the topsoil and/or rehabilitation of the site or for the purposes of
rehabilitating the said site.
I, the registered owner of the above
referred to lands hereby declare the facts set out above are true and agree to the
contents therein and do state that the site of land for the removal of topsoil will
not prejudicially affect the lot being used for normal farming purposes using
acceptable farming practices due to the nature of and/or the topography of and/or
the geographical location of the site and/or of the lot.
Commissioner
Signature of Registered Owner
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Date