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2017-046 Amend by-law No. 2016-056 (Site Alteration By-Law)The Corporation of the Township of Oro-Medonte By-law No. 2017-046 A By-law to Amend By-law No. 2016-056, a By-law to Prohibit and Regulate the placing, dumping or removal of fill 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 the prohibiting or regulating the removal of topsoil, and for the 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 change 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; And Whereas the Council of the Township of Oro-Medonte did on the 22nd day of June, 2016, enact By-law No. 2016-056, a By-law to Prohibit and Regulate the placing, dumping or removal of fill within the Township of Oro-Medonte. And Whereas Council of the Township of Oro-Medonte does now find it expedient to amend the Site Alteration By-law. Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: That section 3.2.4 be deleted in its entirety and replaced with the following: 3.2.4 The placing or dumping of soil for the purpose of lawn dressing, landscaping or adding to flower beds or vegetable gardens, provided that: 3.2.4.1 the ground elevation of the land is not increased by more than fifteen (15) centimeters (5.9 inches), 3.2.4.2 the elevation of the land within sixty (60) centimeters (24 inches) of any property line is not changed, 3.2.4.3 the placing or dumping of fill does not obstruct the flow of water in a watercourse, ditch or swale that drains across property lines, 3.2.4.4 it does not exceed a maximum of fifty (50) cubic metres of fill in any one-year period, 3.2.4.5 the source of the fill originates within the Township and complies with 4.5.20 of this By-law. 2. That section 3.2.6 be deleted in its entirety and replaced with the following: 3.2.6 The placing or dumping of fill as incidental part of normal farming practices, provided that: 3.2.6.1 the placing or dumping of fill is an incidental part of sod -farming, greenhouse operations, and nurseries for horticultural practices. 3.2.6.2 the placing or dumping of fill for the purpose of improving site drainage and/or improving soil quality. 3.2.6.3 it does not exceed a maximum of five hundred (500) cubic metres of fill in any one year, 3.2.6.4 the elevation of the land within one (1) metre (39.3 inches) of any property line is not changed, 3.2.6.5 the placing or dumping of fill does not obstruct the flow of water in a watercourse, ditch or swale that drains across property lines, 3.2.6.6 the source of the fill originates within the Township and complies with section 4.5.20 of this By-law. 3. That section 3.2 be amended to add the following: 3.2.7 routine maintenance activities within established golf courses, the source of the fill shall originate within the Township and complies with section 4.5.20 of this By-law. 4. That section 3.3 be amended to add the following: 3.3 Notwithstanding section 3.2.6, the Director may require the owner to provide a soils report from a Qualified Person as per section 4.5.10 of this By-law. 5. This by-law shall take effect on the final passing thereof. By-law read a First, Second and Third time, and Passed this 12th day of April, 2017. The Corp9ration of the Township of Oro-Medonte CleA J. Douglas Irwin