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1987-016 Medonte By-law of the Corporation of the Township of Medonte to regulate and prohibit the removal of topsoil within the Township of Medonte THE CORPORA nON OF THE TOWNSHIP OF MEDONTE BY-LAW 87-16 A By-Law of the Corporation of the Township of Medonte to regulate and prohibit the removal of LOpsoil within the the Township of Medonte ~ WHEREAS The Topsoil Preservation Act, provides that by-laws may be passed by Councils of Local Municipalities regulating or prohibiting and providing for the issuing of perrnits 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 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 Medonte enacts as follows: ~ 1. For the purpose of this By-Law the following definitions shall apply: 1.1 Clerk 1.2 Corporation 1.3 Council shall mean the Clerk duly appointed by the Council of the Corporation of the Township of Medonte shall mean the Corporation of the Township of Medonte shall mean the Municipal Council of the Corporation of the Township of Medont e 1.4 Lot: shall mean a parcel of land, described in a deed or other document legally capable of conveying land, or shown as a lot or block on a registered plan of subdivision. 1.5 Person(s): shall mean 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 represnetatives of a person to whom the context can apply according to law. 1.6 Site shall mean the area of land within a lot, from which topsoil is to be removed in accordance with the permit issued by the Council 1.7 Topsoil shall mean that horizon in a soil profile, known as the "AIf horizon containing organic material. t 1.6 Township: shall mean the Corporation of the Township of Medonte 2. No person shall remove or permit the removal of any topsoil from any lands within the Township of Medonte unless such person has applied for and obtained from the said Township, a permit for such purpose in accordance with the provisions of this By-Law. ~ 3. Applications for permits shall be made to the Clerk or, such other person as Council may from time to time appoint, during normal business hours. 4. The Applicant shall pay an application fee of $300.00 to cover the cost of processing the application and, where the app lication is approved, will pay all costs of completing and registering the agreement required under Section 9 to this By-Law. The application shall be valid only for the calendar year in which it is issued. 5. Each application for a permit for the removal of topsoil shall be made in the prescribed form of Schedule "AIf attached hereto and being part of this By-law and shall contain all of the information required therein and, in addition, the following shall accompany each application. - 2 - THE CORPORA nON OF THE TOWNSHIP OF MEDONTE BY-LAW 87-16 5.1 If the registered owner is a corporation, a copy of its articles of incorporation or letters patent and last annual return as filed with the Companies Branch, Toronto. 5.2 A copy or photocopy of the registered deed showing the legal owner of the subject lot. - 6. No permits shall be issued for the removal of topsoil: 6.1 From any lands zoned Public Open Space (OS 1), Private Open Space (OS2), High Environmental Sensitivity (ES 0, Low Environmental Sensitivity (ES2) under the Township's Restricted Area (Zoning) By-Law. ~ 6.2 From any site where a permit has previously been issued for the removal of topsoil. 6.3 From a total of more than SIX (6) hectares or less than two (2) hectares of land within one calendar year. 7. Where a permit has been issued by council for the removal of topsoil, it shall be subject to the following conditions: 7.1 That a minimum of five (5) centimetres of topsoil is to be retained. The said five centirnetres is to be measured in a natural uncompacted state. 7.2 The site for the removal of topsoil shall not exceed six (6) hectares. 7.3 No further permits shall be issued to the owner in the same calendar year. 7.4 That a program of rehabilitation covering the site shall be carried out m accordance with the standards and procedures set out under Section 8 to this By-law. 8. 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: 8.1 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 topsoil was removed: ~ (i) Be cultivated and harrowed to establish a proper seed bed; (ii) Be planted with a mixture of perennial and/or annual seeds of grasses and/or legumes and fertilized so that the entire site from which topsoil has been removed is covered with non-noxious weed vegation so as to prevent wind and water erosion during the summer season. t 8.2 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. - j - THE CORPORATION OF. THE/TOWNSHIP OF MEDONTE BY-LAW 87-16 9. Prior to the issuance of a permit, the applicant shall enter into an agreement with the Township to provide for the registration of a notice in a form satisfactory to the Township indicating the issuance of a perrnit and conditions related thereto. 10. This By-Law shall not apply to: 10.1 - 10.2 10.3 10.4 - 10.5 10.6 10.7 10.8 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. The removal of topsoil as an incidental part of drain construction under the Drainage Act, 1975, or the Tile Drainage Act, 1971. The removal of topsoil as an incidental part of operations authorized under the Pits and Quarries Act, 1971. The removal of topsoil as an incidential part of operations authorized under the Mining Act. The removal of topsoil by a Crown Agency or Ontario Hydro. In the case of a by-law passed by a local municipality, the removal of topsoil by a County or Regional Municipality. The rernoval of topsoil as a incidental part of any construction for which leave to construct has been granted to the Ontario Energy Board Act. 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. 10.9 The removal of topsoil where the quantity of topsoil removed in anyone lot does not, in any consecutive three-month period, exceed five cubic metres. 10.10 The removal of topsoil as an incidental part of the construction of a public highway. 11. This By-law soes not apply to the extent that it IS inconsistent with the terms of an approval of agreement under The Planning Act. 12. 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: - 12.1 A By-law passed by the Corporation of the Township of Medonte pursuant to Section 34 of the Planning Act. 13. The Council may revoke a permit. (a) where it was issued on mistaken or false information; - (b) (c) where a person IS in violation of any of the provisions of this by-law; where a person is in default of any of the terms of the Agreement provided for under Section 9 to this By-law. 14. Should any section, clause or provisions 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. - 4 THE CORPORA nON OF THE TOWNSHIP OF MEDONTE BY-LAW 87-16 15. Any person who contravenes any provIsIOn of this By-Law is guilty of an offence and, for the purpose of this By-Law, each day that a breach of this By-Law continues shall constitute a separate offence and, on summary conviction, the offender shall be liable to a fine of not more than $2,000.00. ~ 16. The conviction of an offender upon the breach of the provIsIOns of this By-Law shall not operate as a bar to a prosecution against the same offender upon any con tin ued or subsequent breach of any such provision and any court of competent jurisdiction may convict any offender repeatedly for repeated breaches of the By-Law and, in addition to any other remedy and to any penalty imposed by the By-Law, the Court in which the conviction has been entered and any court of competent jurisdiction thereafter, may make an order prohibiting continuation or repetition of the offence by the person convicted. ~ READ a first time this 28th day of July', 1987 READ a second time this 28th day of JuJy,1987 READ a third time and finally passed this 28th of July, 1987. ~ ~ THE CORPORATION OF THE TOWNSHIP OF MEDONTE SCHEDULE "A" TO BY-LAW 87-16 APPLICA nON FOR A PERMIT TO REMOVE TOPSOIL PLEASE PRINT OR TYPE CLEARL Y 1. Name of Registered Owner of property from which topsoil is to be removed 2. Mailing address of Owner 3. Permanent Address of Owner: ~ 4. LEGAL DESCRIPnON OF LOT ON WHICH SITE IS PROPOSED Conc. No. Twp. Lot No. Reg. Plan No. Sub. Lot No. 5. Total area of Lot on which site is located hectares. 6. Area of Site from which the topsoil is being removed hectares 7. Current use of the site: - 8. Current use of the Lot on which the site is located. 9. LAND USE DESIGNA nON Official Plan: Zoning By-law: 10. Canada Land Inventor of Soil Capability Class or Classes for subject lands 11. I!We have attached to this Application a photocopy of the duplicate registerd deed of the Lot in question. 12. I/We have attached to this Application a plot plan to scale of 1" to 200' showing the boundary of the Lot, the location and size of all structures on the lot and the specific site for the removal of the topsoil. 13. Attached to this Application is an Agreement between the Applicant and the Township of Medonte which has been signed by the Applicant. The Applicant is aware that the said Agreement only forms part of this Application until approval is received and the Agreement is executed by the Township and in no way obligates the Council to such approval. - 14. The Applicant is aware that the Plan indicated under Paragraph 12 will becorne Schedule "B" to the Agreement indicated under Paragraph 13 and as such shall form part of that Agreement. Da ted at the of this ~ day of 19 I!We the registered owner(s) of the lands referred to In this Application hereby declare the facts and statements set out herein and in all of the exhibits and plans transmitted herewith are true, and I!We make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as is made under oath. Declared before me at the in the this of of day of , A.D. 19 . Signature of Applicanitl A. Commissioner etc. If the applicant is a corporation, the Application shall be signed by an officer of the corporation and the corporations's seal shall be affixed.