HomeMy WebLinkAboutBRU 89 006 topsoil preservation
THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 89-6
A by-law of the Corporation of the Township of Bruce to regulate
and prohibit the removal of topsoil within the Township.
WHEREAS it is considered desirable, in order to control
adequately the removal of topsoil in the said Township and the
rehabilitation of lands from which the topsoil has been removed,
to prescribe standards and controls and to provide for the
issuance, revocation and renewal of permits for the removal of
topsoil;
AND WHEREAS the Topsoil
provides for the passing
for these purposes;
Preservation Act, R.S.O. 1980, c. 504,
of by-laws by councils of municipalities
NOW THEREFORE the Municipal Council of the Township of Bruce
enacts and be it enacted as follows:
1. In this by-law:
(a) "Lot" means a parcel of land, described in a deed or
other document legally capable of conveying land, or
shown on a lot or block on a registered plan of
subdivision;
(b)
"Topsoil" means that horizon
as the "A" horizon, containing
in a soil profile,
organic material.
known
2. (a) No person, persons, corporation or corporations shall
remove or permit the removal of topsoil from any lot
within the composite limits of the Corporation of the
Township of Bruce unless the owner or authorized agent
in writing has applied for and has obtained a permit
for such purposes.
(b)
All applications
made by the owner
writing to the
business hours.
for topsoil removal permits shall be
of the lot or his authorized agent in
Clerk of the Township during normal
(c) All applications for a topsoil removal permit shall be
in the form as set out in Schedule "A" and forming a
part hereof and shall contain all the information
required therein.
THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 89-6
PAGE 2
(d) 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-law.
(e) The said permit shall be effective and valid only from
January 1st to December 31st of the year in which it is
issued.
(f)
A topsoil removal
to any person
contravention of
the said Township
permit shall not be renewed or issued
or corporation who is in the
this by-law in respect of any lot in
of Bruce.
(g) A topsoil removal permit shall not be issued or renewed
in respect of any lot in the Township of Bruce upon
which rehabilitation, as defined by this by-law has not
been completed.
(h)
SUbject to
be renewed
each.
the foregoing, a topsoil
for further periods of
removal permit may
one calendar year
(1)
A topsoil removal permit
lot shall be removed from
this by-law.
that has been issued for any
that lot in contravention of
3. (a) Every lot in the said Township of Bruce from which
topsoil is removed shall be rehabilitated.
.
(b) For the purposes of this by-law, "rehabilitation" shall
consist of (i) leaving on every part of the lot, at
least four inches (4") of topsoil, in even depth, or,
where all topsoil has been removed from the lot or any
part 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.
4. (a) Everyone who contravenes this by-law is guilty of an
offence and is liable to a fine, for each such
contravention and for each lot, in an amount not
exceeding $2,000.00, exclusive of costs.
k
THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 89-6
PAGE 3
(b) In addition to and notwithstanding any penalty imposed
for contravening this by-law, if any person is in
default of the rehabilitation requirements of this by-
law, the council of the Township of Bruce may direct
such rehabilitation be done and failing which the said
council may do the rehabilitation at the expense of the
registered owner of the land and recover the expense
incurred pursuant to the provisions of the Municipal
Act, R.S.O. 1980, c. 302, Sec. 325 an amended."
5.
Notwithstanding the
provisions set out in
for permit, no permits
of topsoil if;
owner's compliance with the
this by-law or the application
shall be issued for the removal
(a) The site for the removal of topsoil is greater than
three (3) hectares.
(b)
The owner
a permi t
contained
or a predecessor in title already has or had
for the removal of topsoil for a site
on said lot.
(c) The removal of the topsoil from the site applied for
will be detrimental to the entire lot for normal
farming purposes, using acceptable farming practices.
6. This by-law does not apply to:
(a) 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;
(b)
The removal of topsoil as
construction under the
Drainage Act;
an incidental part
Drainage Act or
of drain
the Tile
.
(c)
The removal of
operations under
topsoil
the Pits
as an incidental part
and Quarries Control Act;
of
(d)
The removal of topsoil
operations authorized under
as an incidental
the Mining Act;
part
of
(e) The removal of topsoil by a Crown agency of Ontario
Hydro;
THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 89-6
PAGE 4
(f)
In the case of a
the removal of
municipality;
by-law passed
topsoil by
by a local
a county
municipali ty,
or regional
(g)
The removal of topsoil
public work undertaken
Township of Bruce;
in connection with any
by the Corporation
form of
of the
(h) The removal of topsoil as an incidental part of any
construction for which leave to construct has been
granted pursuant to the Ontario Energy Board Act;
(i) The removal of topsoil where the quantity of topsoil
removed in anyone lot does not, in any consecutive
three month period, exceed five cubic meters;
(j)
The removal
construction
the topsoil
replacement;
of topsoil as an incidental part of the
of any form of underground services where
is removed and held for subsequent
(k)
The removal of topsoil as
construction of a public
an incidental
highway;
part
of the
(1) 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
Section 39
passed
of the
by a municipality pursuant to
Planning Act,
.
(ii) an order made by the Minister of Housing pursuant
to Section 35 of the Planning Act.
THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 89-6
PAGE 5
By-law introduced and read a First time this FOURTEENTH day of
FEBRUARY, 1989,
By-law read a Second time this FOURTEENTH day of FEBRUARY, 1989.
By-law read a Third time and finally passed, signed, sealed, and
numbered 89-6 this FOURTEENTH day of FEBRUARY
~
CLERK
REEVE
SEAL
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THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 89-6 (SCHEDULE "A")
PAGE 6
THE CORPORATION OF THE TOWNSHIP OF BRUCE
SCHEDULE "A"
APPLICATIOH FOR A PERMIT TO REMOVE TOPSOIL UNDER BY-LAW NUMBER
89-6 OF THE TOWNSHIP OF BRUCE
Lot and Concession
Name of registered owner
of property from which
topsoil is to be removed
Mailing Address of Owner
Permanent Address of Owner
Telephone Number of Owner
Area of land from which
topsoil is to be removed
Quantity of topsoil
intended to be removed
Period during which topsoil
is intended to be removed
Current use of
subject lands
Dated
Signature of Registered Owner
-e
This permit (Schedule "A") becomes valid after it has been
approved by the Council of the Township of Bruce.
Date Approved
This permit shall be effective and valid only from January 1st to
December 31st, 19____ (being the year in which it is issued) and
no longer.
Clerk-Treasurer
Township of Bruce
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