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2016-012 Prohibit and Regulate the placing, dumping or removal of fill and the alteration of the grade within the Township of Oro-MedonteThe Corporation of the Township of Oro-Medonte By-law No. 2016-012 Being a By-law to Prohibit and Regulate the placing, dumping or removal of fill and the alteration of the grade within the Township of Oro-Medonte. (Site Alteration By-law) Whereas section 142 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, authorizes the Council of The Corporation of the Township of Oro-Medonte to pass by- laws for prohibiting or regulating the placing, dumping or removal of fill of any kind, for prohibiting or regulating the removal of topsoil, and for prohibiting or regulating the alteration of the grade of land; And Whereas Council deems it in the public interest to regulate the dumping and placing of fill, the removal of topsoil, and other site alteration in order to ensure that existing drainage patterns are maintained and that any changes to existing drainage patterns are appropriate to protect environmental features; to prevent the importation of hazardous material and to keep the disturbance of landform characteristics to a minimum; Now Therefore the Council of The Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. That Appendix "A" attached hereto, form part of this By-law. 2. That this By-law may be cited as the "Site Alteration By-law" 3. And that this By-law shall come into force and effect on the date of its final passing. By-law read a First, Second and Third time, and Passed this 13th day of January, 2016. The Corporation of the Township of Oro-Medonte Mayor; H S.`H ghes rT�i�' Appendix "A" to By-law No. 2016-012 for The Corporation of the Township of Oro-Medonte 1.0 Definitions For the purpose of this By-law, the following definitions shall apply: "Agricultural Lands" means lands that are used by a farming business registered under the Farm Registration and Farm Organization Act, 1993, S.O. 1993, c. 21, as amended, for the growing of crops, including nursery and horticultural crops; raising livestock; raising of other animals for food, fur, fibre, including poultry and fish, aquaculture, apiaries, agro-forestry, maple syrup production; "Commercial Fill Operation" means the placing or dumping of fill involving remuneration paid, or any other form of consideration provided, to the owner, tenant or occupier of the land, whether or not the remuneration or consideration provided to the owner, tenant or occupier is the sole reason for the placing or dumping of the fill; "Conservation Authority" means the Lake Simcoe Region Conservation Authority or the Nottawasaga Valley Conservation Authority; "Council" means the Council for the Township; "County" means the County of Simcoe; "Drainage" means the movement of water to a place of disposal, whether by way of the natural characteristics of the ground surface or by an artificial method; "Dump", "dumped" or "dumping" means the depositing of fill in a location other than where the fill was obtained and includes the movement or depositing of fill from one location on land to another location on the same land; "Erosion" means the detachment and movement of soil, sediment or rock fragments by water, wind, ice or gravity; "Existing Commercial Fill Operations" means that land is actively engaged in the placing or dumping of fill, the removal of topsoil from and/or the alteration of grade prior to the passing of this By-law; "Fill" means any type of material deposited or placed on land and includes soil, stone, concrete, asphalt, dirt, sod or turf either singly or in combination; "Grade" means the elevation of the ground surface of lands and shall be comprised of each of the following, as may be applicable: i) "Existing Grade" means the elevation of the existing ground surface of the lands upon which dumping and/or placing of fill or other site alteration is proposed and of abutting ground surface up to 3 metres wide surrounding such lands, except that where placing or dumping of fill or other site alteration has occurred in contravention of this By-law, existing grade shall mean the ground surface of the lands as it existed prior to the dumping or placing of fill or to any other site alteration. ii) "Finished Grade" means the approved elevation of ground surface of lands upon which fill has been placed in accordance with this By-law; iii) "Proposed Grade" means the proposed elevation of ground surface of land upon which fill is proposed to be placed; "Inspector" means individuals appointed as inspectors or municipal law enforcement officers and/or their respective designates under this By-law; "Owner" means the registered owner of the land on which site alteration is proposed or occurring and any person, firm or corporation managing or controlling such lands; "Place", "placed" or "placing" means the distribution of fill on lands to establish a finished grade different from the existing grade; "Retaining Wall" means a wall designed to contain and support fill which has a finished grade higher than that of adjacent lands; "Site Alteration" means the placing or dumping of fill on land, the removal of topsoil from land, or the alteration of the grade of land by any means including placing fill, clearing and grubbing, the compaction of soil or the creation of impervious surfaces, or any combination of these activities; "Soil" means material commonly known as earth, topsoil, loam, clay, sand or gravel; "Topsoil' means those horizons in a soil profile, commonly known as the "0" and "A" horizons, containing organic material and includes deposits of partially decomposed organic matter such as peat; "Township" means The Corporation of the Township of Oro-Medonte. 2.0 Regulations 2.1 No person shall place or dump any fill, remove any peat or topsoil, or otherwise alter the grade of land by causing or permitting any form of site alteration involving the placing or dumping of more than two thousand cubic metres (2,000 m3) of fill on any lands within the Township; 3.0 Exemptions 3.1 This By-law is not applicable to the following: 3.1.1 The use, operation, establishment, alteration, enlargement or extension of a waste management system or waste disposal site within the meaning of Part V of the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended, or a waste, waste disposal or waste management system that is exempted by regulation from said Part V; 3.1.2 The construction, extension, alteration, maintenance or operation of works under section 26 of the Public Transportation and Highway Improvement Act, R.S.O. 1990, c. P.50, as amended; 3.1.3 Emergency measures taken by the Township, County or Conservation Authority or any other federal, provincial or governmental agency or body, to prevent flooding, erosion, slipping of soil or damage of trees; 3.1.4 The activities of the Township, County or the Conservation Authority related but not limited to the establishment or maintenance of utilities and services, roads, bridges, flood and erosion control facilities, walkways, bicycle paths, fences, retaining walls, steps and lighting; 3.1.5 The placing or dumping of fill, removal of topsoil or alteration of the grade of land imposed after December 31, 2002 as a condition to the approval of a site plan, a plan of subdivision or a consent under section 41, 51 or 53 of the Planning Act or as a requirement of a site plan agreement or subdivision agreement entered into under those sections; 3.1.6 The placing or dumping of fill, removal of topsoil or alteration of the grade of land imposed after December 31, 2002 as a condition to a development permit authorized by regulation made under section 70.2 of the Planning Actor as a requirement of an agreement entered into under that regulation; 3.1.7 Aggregate (as defined in the Aggregate Resources Act, R.S.O. 1990, c. A.8, as amended) brought onto a pit or quarry operating under a licence or wayside permit issued under that statute as part of the operations of that pit or quarry; 3.1.8 The placing or dumping of fill, removal of topsoil or alteration of the grade of land undertaken on land described in a licence for a pit or quarry or a permit for a wayside pit or wayside quarry issued under the Aggregate Resources Act, 3.1.9 The placing or dumping of fill, removal of topsoil or alteration of the grade of land undertaken on land in order to lawfully establish and operate or enlarge any pit or quarry on land, that has not been designated under the Aggregate Resources Act or a predecessor of that statute; and ii) on which a pit or quarry is a permitted land use under a by-law passed under section 34 of the Planning Act, 3.1.10 Any rehabilitation or filling activity in a pit or quarry licensed under the Aggregate Resources Act, and specifically addressed on the approved site plan when there is insufficient overburden retained to rehabilitate such pit or quarry in accordance with that statute; 3.1.11 The placing or dumping of fill, removal of topsoil or alteration of the grade of land undertaken as an incidental part of the drain construction under the Drainage Act, R.S.O. 1990, c. D.17, as amended, or the Tile Drainage Act R.S.O. 1990, c. T.8, as amended; 3.1.12 The placing or dumping of fill, removal of topsoil or alteration of the grade of land undertaken by a transmitter or distributor, as those terms are defined in section 2 of the Electricity Act, 1998, S.O. 1998, c. 15, Schedule A, as amended, for the purpose of constructing and maintaining a transmission system or a distribution system, as those terms are defined in that section; 3.1.13 The removal of topsoil from agricultural lands incidental to a normal agricultural practice including such removal as an incidental part of sod - farming, greenhouse operations and nurseries for horticultural products. This exception does not include the removal of topsoil for sale, exchange or other disposition; 3.1.14 The harvesting of peat in a commercial operation as approved by the Conservation Authority. 3.1.15 Existing Commercial Fill operations that are actively and lawfully accepting fill prior to the passing of this By-law. 3.2 Section 2.1 does not apply to the following: 3.2.1 Construction where a permit authorized under the Building Code Act has been issued by the Chief Building Official including erection, installation, construction, demolition of a building, structure or on-site sewage system. 3.2.2 The placing or dumping of fill in an excavation to the elevation of existing grade following the demolition or removal of a building or structure for which a building permit has been issued. 3.2.3 Fill being placed or dumped on lands for the purpose of flood or erosion control to establish finished grade shown on a grading and drainage plan approved by the Conservation Authority, County or by the Township in conjunction with a subdivision approval. 3.2.4 The resurfacing or paving of existing driveways where there is no alteration to the existing driveway base and no significant change in the direction or rate of drainage to neighboring properties. 3.2.5 Replacement of topsoil for restoration of agricultural lands used for normal agricultural practices, as an incidental part of sod farming, greenhouse operations, and nurseries for horticultural practices. Storage of such topsoil shall not exceed two thousand (2000) cubic metres. 4.0 Orders 4.1 If after inspection, an Inspector is satisfied that a contravention of this By-law has occurred, the inspector shall notify the registered owner of the land of the particulars with a "Notice of Contravention" and/or an "Order to Comply" pursuant to subsections 444(1) and 445(1) of the Municipal Act, 2001, as amended, at the same time and provide all occupants with a copy of the notice and such order shall contain: 4.1.1 the municipal address and the legal description of the land; 4.1.2 reasonable particulars of the contravention; 4.1.3 the period of time within which there must be compliance. 4.2 The Inspector, by a written Notice of Contravention and/or an Order to Comply pursuant to subsections 444(1) and 445(1) of the Municipal Act, 2001, as amended, may require any person who has altered the grade of land, or who has caused or permitted the grade to be altered contrary to the provisions of this By- law, or who has placed or dumped fill, or has caused or permitted fill to be placed or dumped, or who has caused or permitted any form of site alteration contrary to the provisions of this By-law: 4.2.1 to cease all work in respect of site alteration; 4.2.2 to remove the fill; 4.2.3 to fill in any excavations or ponds; and/or 4.2.4 to do all work necessary; 4.2.4.1 to eliminate any hazards resulting from the alteration of the grade or the dumping or placing of fill and to restore the land to a condition of safety; 4.2.4.2 to restore the land to its former condition prior to the alteration of the grade of land to the placing or dumping of the fill on the land or other site alteration. 5.0 Enforcement 5.1 The enforcement of this By-law shall be performed by the Inspectors of the Township as may be appointed by Council. 5.2 Inspectors and/or their designate may, at any reasonable time enter and inspect to determine compliance of this By -Law. 6.0 Offences 6.1 Every person who contravenes the provisions of this By-law is guilty of an offence and liable upon a conviction to penalty as set out in the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended. 6.2 Every person who contravenes the provisions of any section of this By-law and every director or officer of a corporation who knowingly concurs in the contravention by the corporation, is guilty of an offence under the provisions of the Municipal Act, 2001. 6.3 In addition to any fine or any other penalty, any person who is convicted of contravening a provision of this By-law or an order issued pursuant to this By-law and subsections 444(1) or 445(1) of the Municipal Act, 2001, as amended, may be ordered by a court of competent jurisdiction at the expense of the person to: 6.3.1 rehabilitate the land; 6.3.2 remove the fill placed or dumped; 6.3.3 restore the grade of the land to its original conditions. 6.4 Every person who hinders or obstructs, or attempts to hinder or obstruct, any person exercising a power or performing a duty pursuant to this By-law is guilty of an offence as provided in section 426 of the Municipal Act, 2001.