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HomeMy WebLinkAboutTWP 86 016 Topsoil Bylaw
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H£.,lIpORATION OF I: TWNSHIP OF KIIRDINE
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BY-LAW NUMBER ð"¿ -/~
A By-law of the Corporation of the Township of
Kincardine to regulate and prohibit the removal
of topsoil within the Township.
4IIÞ WHEREAS it is considered desireable, in order to control adequately the
removal of topsoil in the said Township and the rehabilitation of lands from which the
tepsoil has been removed, to prescribe standards and controls and to provide for the
issuance, revocation snd renewal of permits for the removal of topsoil;
.
AND WHEREAS the Topsoil Preservation Act, 1977 provides for the passing
of By-laws by councils of municipalities for these purposes;
NW THEREFORE THE MUNICIPAL COUNC[L OF THE TWNSHIP OF KINCARDINE
ENACTS AND BE IT 'ENACTED AS FOLLOWS;
1. In this By-law;
(s) "LOT" means a parcel of land, described in a deed or other document
legally capable of conveying land, or shewn on a lot or block on a lot
or block on a registered plan of subdivision;
(b) "TOPSOIL" means that horizon in a soil profile, known as the "A" horizon,
containing organic material.
2. (a)
.
(b)
(c)
(d)
(e)
(n
(g)
(h)
. (1)
3. (a)
(b)
4. (a)
fb)
!
.
No person, persons, corporation or corporations shall remove or permit
the removsl of topsoil from sny lot within the composite limits of
the COi'poraUon of tbe.TdwJ1'l!lhipl'of lIintardl!ne unless the owner or
authorized agent in writing has applied for and has obtained s permit
for such purposes.
All applications for tcpsoilrsmoval permits shall be made by the
owner of the lot or his authorized agent in writing to the Clerk of
the Township during normal business hours.
All applications for a tepsoil removal permit shall be in the form as
set out an Schedule "A" and forming a part hereof and shall contain
all the information required therein.
All applications for a topsoil removal permit shall be considered by
Council in accordance with the provisions of the Topsoil Preservation
Act and by this By-lsw.
The said permit shall be effective and valid only from January 1st to
December 31st of the year in which it is issued.
A topsoil removsl permit shall not be renewed or issued to any person
or corporation who is in contravention of this By-lsw in respect of
any lot in the said Township of Kincardine.
A topsoil removal permit shsll not be issued or renewed in respedt
of any let in the Township of Kincardine upon which rehabilitation,
aa defined by thia By-law hss not been completed.
Subject to the foregoing, a topsoil remdV~ permit may be renewed
for further periods of one calendar year each.
A topaoil removsl permit that has been iasued for any lot shsll be
removed from that lot in contrsvention of this By-law.
Every lot in the said Township of Kincardine from which topsoil is
removed shall be rehabilitated.
For the purposes of this By-law" "rehabili tation" shall consist of
(i) leaving on every part of the lot, at least four inches (4"0 of
topsoil, in even depth, or, where all topsoil has been removed from
the lot or ariypart thereof, of replacing it with topsoil of like
quality to an even depth of at least four inches (ii) levelling the
topsoil remaining or replaced, within a period of four months from
the issuance of the permit.
Everyone who cont1'Bvenasthis By-law is guil·ty of an offence and is
liable to a fine, for each such contravention and for esch lot, in
an amount not exceeding $1,000.00, exclusive of costs.
In addition to and notwithstanding any penalty imposed in paragraph
(a), aforesaiä, the Council of the Corporation of the Township of --
Kincardine, where rehabilitation has not been completed, may direct
that rehabilitation be done by the Corporation at the expense of the
registered owner of the land and the Corporation may recover the
expense incurred by so doing by action or by assessing the lot in
question with the cost.
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5.
·
(a)
(b)
(c)
6.
(a)
(b)
(c)
(d)
(e)
(n
(g)
· (h)
(i)
(j)
(k)
(l)
·
·
.
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.
.
Notwithstanding the owner's compliance with the provisions set out in
this By-law or the application for permit, no permits shall be issued
for the removal of topsoil if;
The site for the removal of topsoil is greater that three (3) hectares.
The owner or a predecessor in title already has or had a permit for the
removal of topsoil for a site contained on said lot.
The removal of the tepsoil from the site applied for will be detrimèntal
to the entire lot for normal fsrming purposes, using acceptable farming
practices.
This By-law does not apply to;
the removal of topsoil as an incidental part of a normal sgricultursl
practice including such removsl as an incidental part of sod-farming,
greenhouse operations and nurseries for horticultural products;
the removal of topsò;~ as an incidentsl part of drain c~ruction
under the Drainage A'IS; or the Tile Drsinsge Act;
the removsl of topsoil as an incidental part of operations under the
Pits and Quarries Control Act;
The removal of topsoil as an incidental part of operations authorized
under the Mining Act;
the removal of topsoil by a Crown sgeni::y of .0ntar;i.o:+Jydro;
in the case of a by-law passed by a local municipality, the removal
of topsoil by a county ar regional municipality;
the r~'JPval of topsoil in connection with any form of public work
undertaken by the Corporation of the Township of Kincardine;
the removal of topsoil as sn incidental part of any construction for
which leave to construct has been granted pursuant to The Ontario _
Energy Board Act;
the removal of topsoil where the quantity of topsoil ~emoved in anyone
lot does not, in any consecutive three month period, exceed five cubic
meters;
the removal of tepsoil as an incidental part of the construction of
any form of underground services where the topsoil is removed snd
held fer subsequent replacement;
the removal of topsoil as an incidental part of the construction of
a public highway;
to the extent it would prevent the construction of any building,
structure, driveway, loading or parking facilities permitted or
required on a lot pursuant to,
(i) a By-law passed by a municipality pursuant to section 39 of the
Planning Act,
(ii)an order made by the Miniater of Housing pursuant to Section 35
of the Planning Act,
Read a first and second time this
nl~'/ ,day
of ~, 1986.
day o~,
Read a third time and finally passed this--~~
1966.
XL
Reeve
~An A 1j§.Á~~Þ)
Clerk
THE CORPORATION OF THE TOWNSHIP OF KINCARDINE
BY -LAW NO. 86 -16 (SCHEDULE ' "A" )
THE CORPORATION OF THE TOWNSHIP OF KINCARDINE
SCHEDULE "A"
1;
APPLICATION FOR A PERMIT T9 REMOVE TOPSOIL UNDER BY -LAW NUMBE)
8b - 16 OF THE TQWNSIjIP OF KINCARDINE ^ 147 '
Lot and Concession 4• eel t
Name of registered owner .
of property from which
topsoil is to be removed / "AL • Al A ..1 <<L■
— Mailing Address of Owner o2-39 • pa', 2 A E S
Permanent Address of Ownc �„, if
Telephone Number of Owner . ti 847y9 - .
Area of land from which ' � � f�" 41/ ' -
topsoil is to be removed e., / 2�e1�r� r _y.• �%�
Quantity of topsoil -/
intended to be removed _ `0/!'�/�L d6GP/ .
Period during which topsoil
is intended to be removed - f -
Currnt lands of ; / ' ' � ,
subject lands —.4....1...
Dated Pl " 7 _
S a ure of Registered Owner
i r
OF 00,
TEils permit (Schedule "A ") bec• e valid after it has been
approved by the Council of the Municipality of Kincardine
Date Approved luvelio.a.ow
This permit shall be effective and valid only from January 1st to
December 31st, 'aQ(O (being the year in which it is issued) and
no longer.
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Municipality of Kincardine
SCANNED Qo 8 9' Z. of
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