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The Corporation of the United Townships of Dysart, Dudley,
Harcourt, Guilford, Harburn, Bruton, Havelock, Eyre and Clyde
By-Law No. 2023-101
Being a By-Law to Regulate Site Alteration in the Municipality of Dysart et al
Whereas, Council deems it advisable to exercise authority and provide for remediation
of lands to protect water bodies and environmental protection zoned lands; and
Whereas, Section 142 of the Municipal Act, 2001, S.O. c. 25, as amended, authorizes
the municipal councils to pass by-laws to regulate and prohibit the placing or dumping of
fill, removal of topsoil, and alteration of the grade of land; and
Whereas, Section 8, 9, and 11 of the Municipal Act, 2001, S.O. c. 25, as amended,
permits a municipality to pass by-laws necessary or desirable for municipal purposes,
and paragraphs 5,6, and 8 of Subsection 11 (2) authorizes by-laws respecting the
economic, social and environmental well-being of the municipality, the health and well-
being of persons, and the protection of persons and property; and
Whereas, Section 446 of the Municipal Act, 2001, S.O. c. 25, as amended, provides
that where a person fails to do something that is required under a by-law, the
municipality may undertake to do the thing required at the persons expense and the
costs may be collected in the same manner as taxes; and
Now therefore the Council of the Municipality of Dysart et al hereby enacts as
follows;
THAT in this By-law,
1. Short Title
This By-law may be cited as the "Site Alteration By-law"
2. Definitions
For the purpose of this By-law;
2.1
"Environmental Protection Zoned Areas" means the any area of land zoned as
Environmental Protection (EP) in accordance with the Municipality of Dysart et al
Zoning By-law 2005-120 mapping as amended,
2.2
"High Water Mark" means the usual or average level to which a body of water
rises at its highest point and remains for a sufficient time so as to change the
characteristics of the land. On a body of water where the water level is regulated
by control structures, this means the regulated high water mark.
2.3
"Injure" means to harm, damage or impair a tree or native vegetation and
includes, but is not limited to, harm, damage or impairment caused by changing
grades around a tree, compacting soil over root areas, severing roots, improper
application of chemicals, improper pruning or the removal of branches and bark
and the term "injury" and "injuring" shall have corresponding meaning;
2.4
"Native Vegetation" means vegetation comprised of plant species, other than
noxious weeds, that are indigenous to the area and which reasonably could have
been expected to naturally occur on the land.
2.5 "Owner" means the registered owner(s) of the property.
2.6
"Sediment Control" means the practice or device designed to keep eroded soil
on a construction site, so that it does not wash off into the water or neighbouring
properties.
2.7
"Site Alteration" means, but is not limited to, any alteration of the existing grade
or landscape of a property through the removal, placing, relocation or movement
of fill, grass, or native vegetation.
2.8
"Site Alteration Committee" means a committee appointed by Council to hear
appeals with regards to this by-law.
2.9 "Steep Slope" means any area with a slope of 25% or more, measured over a
horizontal distance inland of 45 metres from the high water mark, along a
continuous shoreline frontage of 25 metres;
3. General Regulations
3.1 This by-law applies to all lands situated within 30m from a high water mark and
within environmental protection zoned areas.
3.2 No person shall conduct site alteration or permit site alteration to be conducted
except in accordance with this by-law.
4. Exceptions
4.1 Except as required in subsection 5.3 with regards to site alteration on
environmental zoned areas, section 6 with regards to restoration, and
subsection 7.2 with regards to maintenance of retaining walls, this by-law
does not apply to existing site conditions that were in place prior to the
passing of this by-law.
5. General Requirements for Site Alteration
5.1 Where site alteration is permitted to occur, care shall be taken to ensure trees
and native vegetation beyond the extent of the site alteration, including root
systems, are not injured.
5.2 On a developed waterfront lot, site alteration may be completed in areas that
permit destruction of trees in accordance with County of Haliburton Shoreline
Tree Preservation By-law 3505, as amended specifically for:
a) Structures permitted within the water setback and 3 metres around these
structures,
b) Existing legal noncomplying building setbacks and 5 metres around these
buildings, or redevelopment utilizing these setbacks.
c) Existing legal noncomplying sewage system setbacks and 5 metres around
the distribution pipe, or replacement of such system, and
d) A 5 metre wide path to access the water.
5.3 Within an environmental protection zoned area, site alteration is restricted to a
maximum 1.5 metre wide stairway, walkway, boardwalk or landing, utilizing
construction practices to limit impact on the area such as helical piles or
surface mounted footing. Where land within this area has been altered from
past activity, restoration of those areas utilizing native vegetation shall occur
concurrently with any permitted site alteration.
6. Restoration of Shoreline
6.1 For non-developed property, site alteration that has occurred beyond that of a
5 metre wide path to the water shall be restored utilizing native vegetation.
6.2 Every Owner who is sent a notice identifying the requirement to restore their
property in accordance with this section shall:
a) Complete restoration by the date required in the notice,
b) Contact the Chief Building Official within 15 days of the dated notice to
request a reasonable extension on the date to complete restoration, or
c) Contact the Chief Building Official within 15 days of the dated notice to
request an Appeal to the Site Alteration Committee.
6.3 Where an appeal to the Site Alteration Committee is made, the Committee
shall hear the appeal within a reasonable time frame and may:
a) Confirm, modify or rescind the Notice,
b) Extend the time for complying with the Notice.
7. Site Alteration Requirements
7.1 Any retaining walls within 30 metres of the high water mark shall be
constructed to be structurally capable of supporting the intended loads. Any
retaining walls at the high water mark shall be permitted and approved by the
Ministry of Natural Resources and Forestry.
7.2 Any retaining wall within 30 metres of the high water mark shall be maintained
to ensure its continued function of retaining earth.
7.3 Slopes within an area of site alteration shall be protected from erosion and
where steep slopes exist, any stumps and root systems shall be retained.
7.4 Sediment control measures shall be installed and maintained from the
commencement of any site alteration activity up until the final surfaces have
been established, including grass and shrubs by means of:
a) 1 layer of silt control fencing, filter sock, waddles or straw bales at the limit
of the any ground disturbance or soil storage, sufficient to restrict any silt
from extending beyond the limit of disturbance, and
b) 1 continuous layer of Silt control fencing, filter sock or waddles in any
direction that run off or erosion can occur, beyond the area where ground
is being disturbed or soil is being stored for the purpose of capturing any
silt that may pass through the first layer during intense rain events.
7.5 Foundation drainage pipes from buildings or structures that extend towards the
shoreline shall:
a) Terminate not more than 2.5 metres from the building or structure it
serves, and
b) Discharge onto rock, gabion stone or similar surface that will prevent
erosion.
7.6 Site alteration shall be completed in a manner as to not affect neighbouring
properties with any water run off due to an increasing grade elevation or
diversion of drainage. Such drainage issues shall be corrected by means of:
a) An effective swale to direct drainage, or,
b) A french drain, foundation drainage, or similar permanent means to
effectively divert any run off below grade.
8. Relief
8.1 If any person wishes to apply for relief from this By-law, they may do so by
submitting a written request identifying the specific extent and nature of the
relief requested and accompanied by a Landscape and/or grading and
drainage plan and supporting documentation to the chief building official for
review with the applicable fee.
8.2 Any relief approved by the chief building official shall be in writing and made
available at the request of the public along with the supporting documentation.
8.3 Where relief is refused, the decision shall be in writing and the applicant may
appeal the decision to the Site Alteration Committee.
9. Enforcement and Penalty Provisions
9.1 This By-law shall be administered and enforced by the Chief Building Official,
Building Inspector and Municipal Law Enforcement Officer.
9.2 This By-law is to be read in conjunction with all the Statutes referred to in the
preamble hereto and in the event that there is a conflict between the provision
of this By-law and the provisions of the Act as amended, or its regulations,
then the provisions of the latter will prevail.
9.3 No person shall hinder or obstruct the Chief Building Official, Building Inspector
or Municipal Law Enforcement Officer in the enforcement of this By-law.
9.4 Every person who contravenes any provision of this By-law is guilty of an
offence and on conviction is liable to a fine as provided for in the Provincial
Offences Act, R.S.O. 1990, c. p. 33 or as may be amended.
9.5
If this By-law is contravened and a conviction entered, the court in which the
conviction has been entered and any court of competent jurisdiction thereafter
may, in addition to any other remedy and to any penalty that is imposed, make
an order prohibiting the continuation or repetition of the offence by the person
convicted.
10. By-Law to be Repealed
10.1 All by-laws or part thereof and resolutions passed prior to this by-law which
contradict this by-law, have no force for this by-law's purposes, and are hereby
rescinded.
10.2 By-law No. 2023-75 is hereby repealed.
11. Ultra Vires
11.1 Should any sections of this by-law, including any section or part of any
schedules attached hereto, be declared by a court of competent jurisdiction to
be ultra vires, the remaining sections shall nevertheless remain valid and
binding.
12. Implementation
12.1 This By-law shall come into full force and effect upon the date of passing.
Read a first, second and third time, passed, signed and the Corporate Seal attached
hereto this 28th day of November, 2023.
________________________________
Mayor: Murray Fearrey
________________________________
Clerk: Mallory Bishop
THE CORPORATION OF THE UNITED TOWNSHIPS OF DYSART, DUDLEY,
HARCOURT, GUILFORD, HARBURN, BRUTON, HAVELOCK, EYRE AND CLYDE
PART I Provincial Offences Act
By-law 2023-101: Site Alteration By-law
ITEM
COLUMN 1
Short Form
Wording
COLUMN 2
Provision Creating
or Defining
Offence
COLUMN 3
Set Fine
1.
Commence site
alteration where not
permitted
Section 3.2
$700
2.
Damage or injure
native vegetation
where not permitted
Section 5.1
$700
3.
Construct retaining
wall not structurally
adequate
Section 7.1
$700
4.
Fail to maintain
retaining wall
Section 7.2
$700
5.
Fail to protect
slopes from eroding
Section 7.3
$700
6.
Fail to install or
maintain sediment
control measures
Section 7.4
$500
7.
Fail to retain water
run off within
property limits
Section 7.5
$700
NOTE: The penalty provision for the offences indicated above is section 9.4 of the
Bylaw No. 2023-101, a certified copy of which has been filed.