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THE CORPORATION OF THE COUNTY OF HALIBURTON
SHORELINE PRESERVATION BY-LAW 4169
SUMMARY OVERVIEW
The County of Haliburton is blessed with many lakes that serve important environmental,
economic and social roles. Haliburton is unique in that it includes natural lakes and managed
water level or reservoir lakes that form part of the Trent Severn Waterway. These lakes support
a variety of aquatic species, flora and fauna. They support a vibrant tourism economy and are
home to many residents. They provide countless opportunities for recreational activities such
as swimming, boating and fishing to name a few. The health of our lakes is important for
current and future residents and businesses.
The health of our lakes is determined by a variety of factors, natural and human, things that
happen on the land and in the water. As one of many stewards of lake health, the County of
Haliburton will continue to do all that it can do to preserve the quality of water in our community.
This Shoreline Preservation By-law applies to lands 20 metres from the high water mark of all
lakes, rivers, streams and ponds within the geographical areas of the lower-tier municipalities of
Algonquin Highlands, Highlands East and Minden Hills, as well as natural heritage features and
areas, like significant wetlands, that play a role in water quality.
This Shoreline Preservation By-law recognizes the rights of shoreline property owners to use
and enjoy their property, including minor landscaping, creation of access and views to the water
and normal forest and/or tree management. A property owner that is pruning a diseased tree,
creating a new perennial bed, replacing an existing pathway, installing a fire pit, undertaking
minor repairs to an existing retaining wall, or similar activities, will not have to apply for a permit
under this By-law.
Instead, this Shoreline Preservation By-law is intended to apply to situations where a property
owner (or someone acting on behalf of the property owner) intends to significantly alter the
grade or topography of a property in a manner that increases the flow of surface water to
neighbouring lands or bodies of water. It is also intended to apply to situations when significant
removal of trees and/or vegetation is proposed.
In such instances, property owners (or someone acting on behalf of the property owner) will be
required to apply for and receive permit approval before such significant projects and activities
are undertaken in the shoreline buffer area. The By-law includes a transition model for
implementation and a regular review and update period.
This By-law is flexible. While the By-law includes a uniform shoreline buffer, it is recognized
that there are varied shoreline lot characteristics in the geographical areas of the lower-tier
municipalities of Algonquin Highlands, Highlands East and Minden Hills. This By-law
recognizes these varied characteristics and allows for lesser buffers, where appropriate. This
By-law is also intended to be applied on a "go forward" basis and does not affect existing
development or landscaping. The By-law also establishes opportunities for property owners to
speak to County Council (or delegate) directly should a decision on a permit not be made in a
timely manner or if they would like to dispute a decision or condition of decision.
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THE CORPORATION OF THE
COUNTY OF HALIBURTON
By-law Number 4169
BEING A BY-LAW TO PROHIBIT OR REGULATE THE DESTRUCTION OR INJURING OF
TREES AND NATIVE VEGETATION, AND TO PROHIBIT OR REGULATE THE PLACING OR
DUMPING OF FILL, THE REMOVAL OF TOPSOIL, THE ALTERATION OF THE GRADE OF
LAND ON SHORELINE PROPERTIES IN THE GEOGRAPHIC AREAS OF THE TOWNSHIP OF
ALGONQUIN HIGHLANDS, MUNICIPALITY OF HIGHLANDS EAST AND THE TOWNSHIP OF
MINDEN HILLS WHICH ARE WITHIN THE COUNTY OF HALIBURTON AND TO REPEAL AND
REPLACE BY-LAW 4123
WHEREAS The County of Haliburton Official Plan, as per its Policy 5.3.6.6, requires that all
shorelines in the County be preserved in a natural state by prohibiting development and site
alteration, and by retaining trees and native vegetation within 30 metres from the high water mark
of water bodies and prohibited areas;
WHEREAS Section 135 of the Municipal Act authorizes a municipality to pass by-laws to prohibit
or regulate the destruction or injuring of trees;
WHEREAS Section 142 of the Municipal Act authorizes a municipality to pass by-laws to prohibit
or regulate the placing or dumping of fill, the removal of topsoil, the alteration of the grade of the
land, and blasting of rock;
WHEREAS the Council for the County of Haliburton deems it desirable and in the public interest to
enact a by-law to protect shoreline areas for the purposes of achieving:
-
the objectives of the Official Plan for the County of Haliburton;
-
managing the further loss of natural shorelines within the County of Haliburton;
-
a greater proportion of native vegetative contiguous cover;
-
a minimum 75 percent native vegetative cover overall;
-
a minimum 50 percent high quality native vegetative cover;
-
a naturalized riparian areas on lakes and along rivers/streams;
-
an increased ecological health based on the status of indicator species and maintenance of
natural biodiversity;
-
decreased destruction or injuring of trees, native vegetation, habitat and natural areas;
-
reduction of negative impacts on the environment;
-
contributing to human health and quality of life;
-
maintaining water quality;
-
maintaining and enhancing natural habitat;
-
preventing soil erosion and water run-off;
-
preventing topographical changes to the shoreline areas; and
-
protecting fish habitat as defined in the Fisheries Act, Revised Statute of Canada 1985;
WHEREAS the Councils for the Township of Algonquin Highlands, the Municipality of Highlands
East and the Township of Minden Hills, which are located within the geographic area of the County
of Haliburton, deem it desirable and in the public interest to delegate their authority to enact and
enforce such a by-law to protect shoreline areas within the geographic areas of their municipalities.
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NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE COUNTY OF
HALIBURTON ENACTS AS FOLLOWS:
SECTION 1 - DEFINITIONS
1.1
In this By-law:
"adjacent" means abutting or contiguous;
"Aggregate Resources Act" means the Aggregate Resources Act, R.S.O. 1990, c. A. 8,
as amended;
"blasting of rock" means to break up or dislodge various rock material, to form or open up
land through various means including, but not limited to, explosives or hydraulics;
"body of water" means a lake or river, lands that are seasonally covered by water, or lands
which may be subject to intermittent flooding, but does not include any other area which is
permanently covered by water such as human-made features such as drainage channels,
irrigation channels, ponds or other features;
"building permit" means a building permit issued under the Building Code Act, 1992,
S.O. 1992, c. 23, as amended;
"Clerk" means the Clerk of the County;
"County" means the Corporation of the County of Haliburton or its land within the
geographic limit of the County as the context requires;
"destroy" or "destroyed" or "destruction" means any action which causes or results in the
irreversible injury or death of a tree;
"diameter" means the width measured outside the bark at a specified point of a tree stem or
trunk;
"Director" means the Director of Planning for the County and includes any person
delegated and authorized by the Director of Planning to carry out any of the powers and/or
duties of the Director of Planning pursuant to this By-law;
"drainage" means the movement of water to a place of disposal, whether by way of the
natural characteristics of the ground surface or by artificial means;
"dumping" or "dumped" or "dump" means the depositing of fill in a location other than
where the fill was obtained or the movement and depositing of fill from one location on a
lot to another location;
"emergency work" means any work required where the likelihood of tree failure is imminent
and a tree or part of a tree poses a risk in which there is a threat to public health and safety,
or threat to property;
"erosion" means the detachment and movement of soil, sediment or rock fragments;
"fill" means any type of material dumped or placed on or removed from a site and includes
but is not limited to earth, soil, topsoil, stone, brick, concrete, asphalt, sod or turf, either
singly or in combination;
"fish habitat" means waters frequented by fish and any other areas on which fish depend
directly or indirectly to carry out their life processes including spawning grounds and
nursery, rearing, food supply and migration areas;
"good arboricultural practices" means the proper implementation of, renewal and
maintenance activities by a qualified arborist known to be appropriate for individual trees to
minimize detrimental impacts and includes pruning of trees to remove dead limbs, maintain
structural stability and balance, or to encourage their natural form, provided that such pruning
is limited to the appropriate removal of not more than one-third of the live branches or limbs
of a tree;
"good forestry practices" means the proper implementation of harvest, renewal and
maintenance activities known to be appropriate for the forest and environmental
conditions under which they are being applied and that minimize detriments to forest
values including significant eco-systems, important fish habitat and wildlife habitat, soil
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and water quality and quantity, forest productivity and health and the aesthetics' and
recreational opportunities of the landscape. Such practices can be described in a
Silvicultural Prescription approved by an OPFA Member, and in accordance with tree
marking carried out by a Qualified Tree Marker.
"grade" means the elevation of the ground surface and shall be more particularly defined
as follows:
(a)
"existing grade" means the elevation of the existing ground surface of the land upon
which the placing, dumping, cutting or removal of fill or altering of the grade or the
blasting of rock is proposed, except where such activity has occurred in
contravention of this By-law, then the existing grade shall mean the ground surface of
such lands as they existed prior to placing, dumping, cutting or removal of fill or
altering of the grade or the blasting of rock requiring a shoreline permit under this
By-law;
(b)
"proposed grade" means the proposed finished elevation of ground surface of land
upon which fill is proposed to be placed or the site is proposed to be altered.
(c)
"finished grade" means the approved final elevation of ground surface of the land
upon which fill has been placed, dumped, cut or removed or the grade altered in
accordance with this By-law and a shoreline permit. Finished grade and as built
shall have a corresponding meaning;
"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 (the line where the land meets the water at a
normal controlled level);
"highway" includes a common and public highway, street, avenue, parkway, driveway,
square, place, viaduct or trestle, any part of which is intended for or used by the general
public for the passage of vehicles and includes the area between the lateral property lines
thereof;
"injure" or "injured" or "injury" or "injuring" means any action that causes physical,
biological or chemical damage to a tree and does not include pruning or removing branches
for maintenance purposes;
"lands" means a lot or any part thereof and includes a site;
"lot" means a parcel of land which is capable of being legally conveyed;
"lower-tier municipality" means the Township of Algonquin Highlands, Municipality of
Dysart et al, Municipality of Highlands East, or the Township of Minden Hills;
"minor landscaping" means yard maintenance activities, the installation of a walkway or
pathways, flowerbeds, retaining walls less than 1 metre in height, and similar landscaping
features and activities where the landscaping does not alter the grade or topography of
the land more than 0.3 metres and shall not increase the flow or the rate of flow of surface
water to adjacent land or adjacent body of water. For the purposes of clarity, this does
not include the planting or creation of a lawn;
"native vegetation" means vegetation comprised of plant species, other than noxious
weeds, that are indigenous to the County and which reasonably could have been
expected to naturally occur on the land;
"officer" means a police officer, municipal law enforcement officer, compliance monitoring
officer, or any other person appointed by by-law to enforce the provisions of this By-law;
"OPFA member" means a Registered Professional Forester or Associate Member of the
Ontario Professional Foresters Association (OPFA) as defined in the Professional
Foresters Act, 2000, S.O. 2000, c. 18, as amended;
"owner" includes the registered owner of the land or any person in charge, management
or control of such land and includes as the context requires an applicant, an operator, a
shoreline permit holder and a contractor;
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"person" includes an individual, sole proprietorship, partnership, limited partnership, trust,
corporation, and an individual in his or her capacity as a trustee, executor, administrator, or
other legal representative;
"place" or "placing" means the distribution of fill on a lot to establish a finished grade;
"Prohibited area" means:
(a) Provincially significant wetland;
(b) Environmental Protection or Hazard Land as identified in the County or Lower-tier
municipality Official Plan including wetlands, but excluding terrestrial features or
areas such as deer wintering areas;
(c) Lands owned by the County, lower-tier municipality or the province including a
road allowance;
"qualified arborist" means an expert in the care and maintenance of trees and includes
an arborist certified by the Ontario Ministry of Training, Colleges and Universities or the
International Society of Arboriculture, or a consulting arborist registered with the American
Society of Consulting Arborists;
"qualified tree marker" means:
(i)
an individual who is certified through the Ontario Ministry of Natural Resources
Certified Tree Marker Training Program; or
(ii)
a Registered Professional Forester qualified to do tree marking; or
(iii)
an Associate Member of the Ontario Professional Foresters Association
qualified to do tree marking;
"riparian" means the land closest to the water, representing a transition from terrestrial to
aquatic habitat, which may contain trees, shrubs, grasses, or a mix of vegetation types;
"shoreline" means an area of land measured over a horizontal distance that is located
within 20 metres from the high water mark of a body of water;
"shoreline permit" means a permit issued pursuant to this By-law;
"silvicultural prescription" means a site specific operational plan that describes the
existing forest conditions and the forest management objectives for an area, and
professional recommendations for harvesting and controlling the establishment,
composition, constitution, and growth of forests from seedlings though to the desired
endpoint of the forest stand in a manner that accommodates other resource values as
identified;
"site" means an area of land to which site alteration occurs;
"site alteration" means any removal, placing or dumping of fill, blasting of rock or any
other activity that would increase or decrease existing grade or finished grade of the land
by 0.3 metres or more;
"site evaluation report" means a report that can be used to determine whether a proposed
development is suitable for a site and whether a lesser setback is appropriate;
"soil" means the natural materials commonly known as earth, topsoil, loam, subsoil, clay,
sand or gravel;
"source site" means land where soil is excavated from;
"spawning ground" means a spawning ground as documented by the Province of
Ontario, , County or a Lower-tier Municipality;
"steep slope" means an area of land with a continuous frontage along a shore and with a
slope 25% or greater measured over a horizontal distance that is located within 45 metres
from the high water mark of a body of water;
"topsoil" means those horizons in a soil profile, commonly known as the "O" and "A"
horizons, containing organic material and includes deposits of partially decomposed organic
matter such as peat;
"tree" means any species of woody perennial plant, including its root system, which has
reached or can reach a height of at least 4.5 metres at physiological maturity.
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SECTION 2 - SHORT TITLE
2.
This By-law shall be known as the Shoreline Preservation By-law.
SECTION 3 - AREA OF APPLICATION
3.
This By-law shall apply to the shoreline and prohibited areas in the geographical areas
of the lower-tier municipalities of the Township of Algonquin Highlands, the Municipality of
Highlands East and the Township of Minden Hills as shown on Schedule C of the By-law
4169.
SECTION 4 - PROHIBITION
SITE ALTERATION
4.1
No person shall undertake or cause to be undertaken any site alteration without a
shoreline permit.
TREES
4.2. No person shall injure or destroy or cause to be injured or destroyed a tree without a
shoreline permit.
4.3
No person shall remove or cause to be removed native vegetation without a shoreline
permit.
4.4
No person shall disturb or remove or cause to be disturbed or removed a tree stump or
root system on a steep slope.
SECTION 5 - EXEMPTIONS
SITE ALTERATION
5.1
This By-law does not apply to:
a)
minor landscaping;
b)
the maintenance or replacement of existing features such as landscaping,
pathways, driveways and beaches (including raking or weeding);
c)
the placing or dumping of fill, removal of topsoil or alteration of the grade of
land undertaken as an incidental part of drain construction under the Drainage Act
or the Tile Drainage Act; or,
d)
the removal of topsoil as an incidental part of a normal agricultural practice, unless
the topsoil is removed for sale, exchange or other disposition.
TREES
5.2
This By-law does not apply to:
a)
the injuring or destruction of up to 25% of native vegetation (including trees) in
the shoreline for residential lot, and where such native vegetation (including
trees) have been removed, the area where native vegetation (including trees)
have been removed may be maintained open and free of native vegetation
(including trees);
b)
the injuring or destruction of up to 30% of native vegetation (including trees) in
the shoreline for commercial lots, and in the case of marinas up to 50%, and
where such native vegetation (including trees) have been removed, the area
where native vegetation (including trees) have been removed may be maintained
open and free of native vegetation (including trees);
c)
good arboricultural practices;
d)
good forestry practices;
e)
emergency work;
f)
activities or matters undertaken pursuant to a permit issued under the County
Forestry By-law 3196, as amended or replaced;
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g)
activities or matters undertaken pursuant to a license issued under the Crown
Forest Sustainability Act, 1994; or,
h)
the injuring or destruction of trees by a person licensed under the Surveyors
Act to engage in the practice of cadastral surveying or his or her agent, while
making a survey.
GENERAL
5.3
This By-law do not apply to activities and matters undertaken:
a)
to demolish, repair, enlarge, replace or construct a building pursuant to a building
permit issued under the Building Code Act, provided the activity or matter is lawful,
required to achieve construction of the building or structure and meets the intent
of this By-law;
b)
to demolish, repair, enlarge, replace or construct driveways or pathways provided
the driveway or pathway does not exceed 5 metres in width and meets the intent
of this By-law;
c)
to use, operate, establish, alter, enlarge, extend or maintain an approved sewage
treatment system;
d)
by the County or a lower tier municipality; or a local board of the County or a
lower tier municipality, provided the intent of this By-law is maintained;
e)
imposed after December 31, 2002 as a condition to the approval of a site plan, a
plan of subdivision or consent under Section 41, 51 or 53, respectively, of the
Planning Act or as a requirement of a site plan agreement or subdivision
agreement entered into under those sections;
f)
imposed after December 31, 2002 as a condition to a development permit
authorized by regulation made under section 70.2 of the Planning Act or as a
requirement of an agreement entered into under that regulation;
g)
by a transmitter or distributor, as those terms are defined in section 2 of the
Electricity Act, 1998, for the purpose of constructing or maintaining a transmission
system or a distribution system, as those terms are defined in that section;
h)
on land described in a license for a pit or quarry or a permit for a wayside pit or
wayside quarry issued under the Aggregate Resources Act; or
i)
on land in order to lawfully establish and operate or enlarge any pit or quarry on
the land, that has not bee designated under the Aggregate Resources Act or a
predecessor of that Act, and on which a pit or quarry is permitted land use under
a by-law passed under Section 34 of the Planning Act.
5.4
A lesser shoreline may be permitted if:
a)
it is not physically possible to meet the definition of a shoreline due to topography
or lot characteristics such as lot depth;
b)
a site evaluation report in support of the lesser shoreline is submitted to the
satisfaction of the Director; or,
c)
in the opinion of the Director, the intent of this By-law will be maintained.
5.5
No person shall place or dump any fill, alter the grade of land or injure or destroy a
tree in a prohibited area, unless the activity is exempt from this By-law through federal
or provincial legislation and regulations or constitutes emergency work.
SECTION 6 - SHORELINE PERMITS
APPLICATION
6.1
A person making an application for a shoreline permit shall submit:
a)
a complete application in the form provided by the County containing information
set out in Schedule A to this By-law;
b)
the required fee, as set out in the County's Tariff of Fees By-law; and,
c)
a security deposit in the form of a certified cheque or money order in the amount
as determined by the Director.
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6.2
The Director may waive or alter a requirement of the shoreline plan described in Schedule
A to this By-law after taking into consideration the proposed works and anticipated impact
on the site, adjacent lands and an adjacent body of water.
ISSUANCE
6.3
The Director shall issue a shoreline permit where:
a)
the Director is satisfied that the application is complete, in accordance with this
By-law;
b)
the Director is satisfied that the activities and works proposed in the application
will not result in:
i)
the removal of more than 25% of trees in the shoreline;
ii)
flooding or ponding;
iii)
erosion;
iv)
blockage or siltation of a body of water;
v)
increased surface water flow to adjacent lands;
vi)
increased surface water to adjacent bodies of water;
vii)
a detrimental effect on any tree; and,
viii)
a contravention of the intent of this By-law.
6.4
The issuing of a shoreline permit does not relieve a person from any responsibility to
obtain all other approvals that may be required from any level of government or authority
or agencies thereof having jurisdiction.
CONDITIONS
6.5
A shoreline permit is subject to the terms and conditions set out in Schedule B to this
By-law.
6.6
The Director may impose additional terms and conditions to a shoreline permit that, in
the opinion of the Director are reasonable considering:
a)
the economic, social and environmental well-being of the County; and,
b)
the health, safety and well-being of persons as a result of anticipated impacts.
EXPIRY
6.7
A shoreline permit shall be valid for a period of three (3) years from the date the shoreline
permit is issued.
6.8
A shoreline permit shall expire if work is not commenced within eighteen (18) months of
the date the shoreline permit being issued.
EXTENSION
6.9
An owner may request an extension to the expiry date of a shoreline permit by submitting
a written request outlining the reasons an extension is required to the Director with payment
of the extension fee in accordance with the County's Tariff of Fees By-law. Extension
requests must be submitted three (3) months prior to the expiry date of the shoreline
permit; or,
6.10 The Director upon being satisfied with the reasons for requesting an extension may grant
an extension for a shoreline permit for up to but no more than one (1) additional year.
REVOCATION
6.11 The Director may revoke a shoreline permit for the following reasons:
(a)
it was obtained on mistaken, false or incorrect information;
(b)
it was issued in error;
(c)
the owner requests in writing that the shoreline permit be revoked;
(d)
the terms and conditions of this By-law, a shoreline permit, or the approved plans
have not been complied with.
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6.12 Where a shoreline permit has been revoked, the owner shall forthwith cease all activity
and work.
TRANSFER
6.13 A shoreline permit may be transferred to a new owner of a lot upon submitting a written
request for a transfer to the Director with payment of the transfer fee in accordance with
the County's Tariff of Fees By-law.
6.14 The Director upon being satisfied that all requirements of this By-law, a shoreline permit
and any associated terms and conditions continue to be met may authorize the transfer of
the shoreline permit.
6.15 A shoreline permit is not transferable to another lot.
RESTORATION
6.16 If a shoreline permit expires after work has commenced and prior to completion of the
work in accordance with the shoreline permit, the owner shall forthwith restore the site to
its original condition, rehabilitate the lands, or stabilize the site to the satisfaction of the
Director or an Officer.
REFUSAL
6.17 Where the Director refuses to issue a shoreline permit, the Director shall provide
written reasons for such refusal to the owner.
APPEALS
6.18 If the Director fails to decide on an application within thirty (30) days of receiving a complete
application, the owner may appeal the Director's non-decision to County Council, or its
delegate as defined in the Delegation By-law, for determination.
6.19 An owner who is not satisfied with the terms and conditions of a shoreline permit, or the
Director's refusal of a shoreline permit, may appeal to County Council, or its delegate,
as defined in the County's Delegation By-law, by sending a notice of appeal and the
applicable fee by registered mail or personal delivery to the Clerk within thirty (30) days
after being advised of any additional terms and conditions or written reasons of refusal by
the Director.
6.20 An appeal shall be conducted pursuant to the Statutory Powers and Procedures Act.
SECTION 7 - ADMINISTRATION
7.1
The Director is hereby delegated authority to administer this By-law.
7.2
All shoreline permit application shall be made to the Director, who:
a)
shall receive and process all shoreline permits and extension or transfer of
shoreline permits required under this By-law;
b)
shall administer the issuance of shoreline permits in accordance with the
provisions of this By-law;
c)
shall sign all shoreline permits issued pursuant to this By-law;
d)
shall maintain and keep records of all applications received, all shoreline permits
issued, extended and transferred, any suspension or revocation of a shoreline
permit, or any other status change to a shoreline permit issued under this By-
law;
e)
shall generally perform all functions incidental to and necessary for the due
administration and compliance monitoring of this By-law.
7.3
The Director may create and require the use of forms or other documents for the proper
implementation of this By-law.
7.4
County Council or its delegate, as defined in the County's Delegation By-law, shall have
the same powers as the Director pursuant to this By-law for the purpose of authorizing the
issuing of a shoreline permit.
SECTION 8- INSPECTION/COMPLIANCE MONITORING
8.1
This By-law shall be enforced by the Director or an Officer.
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8.2
The Director or Officer may enter upon the land at any reasonable time for the purpose of
carrying out an inspection to determine whether or not the following are being complied
with:
(a)
this By-law;
(b)
a shoreline permit, or a term or condition of a shoreline permit;
(c)
the approved plans; and,
(d)
a direction or order made under the Municipal Act, 2001, or this By-law.
8.3
For the purposes of an inspection under this By-law, the Director or Officer may:
(a)
require the production for inspection of documents or things relevant to the inspection;
(b)
inspect, scan and, if necessary, remove documents or things relevant to the
inspection for the purpose of making copies or extracts;
(c)
require information from any person concerning a matter related to the inspection;
and
(d)
alone or in conjunction with a person possessing special or expert knowledge, make
examinations or take tests, samples or photographs necessary for the purposes of
the inspection.
8.4
All documents and records shall be kept in a good and business-like manner for review by
the Director or Officer at their request.
8.5
A receipt shall be provided for any document or thing removed under this By-law and the
document or thing shall be promptly returned after the copies or extracts are made.
8.6
A sample taken under this By-law shall be divided into two parts, and one part shall be
delivered to the person from whom the sample is taken, if the person so requests at the
time the sample is taken and provides the necessary facilities.
8.7
If a sample is taken under this By-law and the sample has not been divided into two parts,
a copy of any report on the sample shall be given to the person from whom the sample was
taken.
8.8
No person shall hinder or obstruct, or attempt to hinder or obstruct, a Director or Officer
exercising a power or performing a duty or corrective works pursuant to this By-law.
SECTION 9 - ORDERS
9.1
If a Director or Officer is satisfied that a contravention of this By-law, terms and conditions
of a shoreline permit, or the approved plans has occurred, the Director or Officer may
make an Order requiring the person who contravened this By-law, the terms and conditions
of a shoreline permit or who caused or permitted the contravention or the owner of the lot
on which the contravention occurred to:
(a)
discontinue the contravening activity; and/or
(b)
do work to correct the contravention.
9.2
An Order shall set out:
(a)
reasonable particulars of the contravention adequate to identify the contravention;
(b)
the location of the land on which the contravention occurred; and
(c)
either:
(i)
in the case of an Order under section 9.1 (a), the date by which there must be
compliance with the Order; or
(ii)
in the case of an Order under section 9.1 (b), the work to be done and the date
by which the work must be done.
9.3
In default of any work required by an Order under section 9.1 (b) being done by the owner
directed or required to do it, the work may be done by the County at the owner's expense.
For the purposes of this section, the County and its employees, agents and representatives
may enter upon land at any reasonable time.
9.4
The County may recover the costs of doing or any matter pursuant to this By-law by drawing
on the securities posted, by action or by adding the costs to the tax roll and collecting them
in the same manner as property taxes.
9.5
The costs in section 9.4 shall include interest calculated at a rate of 19 per cent per annum,
calculated for the period commencing on the day the County incurs the costs and ending
on the day the costs, including interest, are paid in full.
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9.6
An Order issued under this By-law shall be served on the person the Officer or Director
believes is contravening this By-law, the terms and conditions of a shoreline permit, or the
approved plans by personal delivery or registered mail at the last known address or by email
to the last known email address to whom service is required to be made. The Order shall
be deemed to have been served on the fifth business day after the date of mailing or on the
date of personal delivery.
9.7
An Officer or Director who is unable to effect service of an Order pursuant to this By-law
shall place a placard containing the Order in a conspicuous place on the land and the
placing of the placard shall be deemed to be sufficient service.
9.8
A person who has been served with an Order and who is not satisfied with the terms and
conditions of the Order may appeal to County Council, or its delegate as defined in the
Delegation By-law, by sending a notice of appeal and the applicable fee by registered mail
or personal delivery to the Clerk within thirty (30) days after being served with the Order.
9.9
An appeal under section 9.8 shall be conducted pursuant to the Statutory Powers and
Procedures Act.
9.10
An Order under this By-law that is not appealed within the time referred to in section 9.8
shall be deemed to be final.
SECTION 10- OFFENCES AND PENALTIES
10.1
Every person who contravenes any provision of this By-law, including failing to comply with
an Order issued pursuant to this By-law, is guilty of an offence and liable to a fine, and such
other penalties, as provided for in the Provincial Offences Act, R.S.O. 1990, c. P. 33, as
amended, and the Municipal Act, 2001, S.O. 2001, c. 25, as amended.
10.2
Every person who is charged with an offence under this By-law or an Order issued pursuant
to this By-law or every director or officer of a corporation, who knowingly concurs in the
contravention, by the laying of an information under Part III of the Provincial Offences Act,
R.S.O. 1990, c. P. 33, as amended and is found guilty of the offence is liable pursuant to
the Municipal Act, 2001, S.O. 2001, c. 25, as amended to the following:
(a)
on a first offence, to a fine no more than $50,000.00; and
(b)
on a second offence and each subsequent offence, to a fine of not more than
$100,000
10.3
Every person who is issued a Part 1 offence notice or summons and is convicted is guilty
of offence under this By-law shall be subject to a fine, to a maximum as provided for in the
Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended.
10.4
Every person who is alleged to have contravened any of the provisions of this By-law, shall
identify themselves to an Officer or Director upon request, failure to do so shall be deemed
to have hindered or obstructed an Officer or Director in the execution of his or her duties.
10.5
Upon conviction any penalty imposed under this By-law may be collected under the
authority of the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended.
10.6
If a Person convicted of an offence for contravening a provision of this by-law or an Order
made under this by-law, the court in which the conviction has been entered, and any court
of competent jurisdiction, thereafter, may order the person, to correct the contravention in
such manner and within such period as the court considers appropriate, including but not
limited to,
(a) by rehabilitating the land,
(b) by removing the fill dumped or placed contrary to the by-law or the shoreline
permit,
(c) by restoring the grade of the land to its original condition,
(d) by removing the topsoil stored on the land,
(e) by planting or replacing of trees;
(f) by prohibiting the continuation or repetition of the contravention.
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SECTION 11 - FEES
11.1 The fee for a shoreline permit, extension of a shoreline permit, a revision to a shoreline
permit, and an appeal shall be in accordance with the County's Tariff of Fees By-law.
11.2 Where the Director determines that the County needs to retain legal, engineering,
environmental, or any other consultants to evaluate studies, the cost shall be paid by the
owner.
SECTION 12 - SECURITIES
12.1 Where a security deposit is required in accordance with this By-law it shall be:
(a)
in the form of an irrevocable letter of credit from a chartered Canadian bank in a form
satisfactory to the County or a certified cheque to secure:
(i)
the performance of the work for which a shoreline permit is issued,
performance of work or the approved plans, or to restore the land to a condition
satisfactory to the Director and to recover any costs to the County in
performing or having performed the said work;
(ii)
the performance of work that an owner has failed to perform to the satisfaction
of the Director;
(iii)
the performance of any works on County or publicly owned lands which service
the site;
(iv)
the completion of work required under an Order issued pursuant to this By-law;
(v)
guarantee of payment to the County of all inspection, consulting or other costs
the County may incur in connection with works required under the shoreline
permit, the approved plans or this By-law.
(b)
in the amount of 100% of the estimated costs to the satisfaction of the Director to:
(i)
maintain the site control measures;
(ii) stabilize the site;
(iii) undertake the completion of work outlined in 12.1 (a);
(iv) the performance of any works on County or publicly owned lands of any
kind which service the site;
(v) guarantee of payment to the County as outlined in 12.1 (a) (v);
(c)
in effect for the duration of the shoreline permit or until completion of the works to
the satisfaction of the Director, whichever is later;
(d)
in the case of an irrevocable letter of credit or a renewal thereof, contain a clause
stating that thirty (30) days written notice shall be provided to the County prior to its
expiry or cancellation.
12.2 In the event the County receives notice that a letter of credit is expiring and will not be
renewed, or if further or additional securities are not provided within the said thirty (30) days,
the County may draw on the letter of credit at the discretion of the Director.
12.3 In the event, an Owner fails to perform or complete work or make payment for matters
outlined in section 12.1 (a) the County shall be at liberty to draw upon the security provided
to pay the costs incurred by the County for any work undertaken or costs incurred by it or
on its behalf.
12.4 The County at the request of the owner shall release the securities or remaining securities
upon:
(a)
submission of a certificate from a qualified person:
(i)
that the final grade has been completed in accordance with the shoreline
permit and the approved plans;
(ii)
that the finished project does not detrimentally affect drainage on adjacent
properties;
(iii)
that the finished project does not detrimentally affect the quality or quantity of
water in wells on neighbouring properties.
(b)
a final inspection being conducted by the Director or Officer; and
(c)
the Director being satisfied that the works have been completed in accordance with
this By-law, the terms and conditions of the shoreline permit and the approved plans.
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SECTION 13 - SEVERABILITY
13.1 If a court of competent jurisdiction declares any section or part of this By-law invalid, it is
the intention of Council of the County that the remainder of this By-law shall continue in
force unless the court makes an order to the contrary.
SECTION 14 - TRANSITION AND EFFECTIVE DATE
14.1
Notwithstanding anything herein to the contrary, this By-law shall come into effect on April
1, 2023.
SECTION 15 - BY-LAW REVIEW AND UPDATE
15.1
This By-law shall be reviewed and updated on an ongoing and periodic basis.
SECTION 16 - INTERPRETATION
16.1 References in this By-law to any statute or statutory provision include references to that
statute or statutory provision as it may from time to time be amended, extended or re-
enacted.
16.2 The words "include", "includes" and "including" are not to be read or interpreted as limiting
words, phrases or descriptions that precede them.
16.3 Dimensions specified in metric units shall be the official dimensions. Imperial dimensions
contained in parentheses are provided as a convenience only.
16.4 In this by-law, the word "metre" shall be represented by the abbreviation "m", the word
"centimetre" shall be represented by the abbreviation "cm".
16.5 Headings are inserted for convenience of reference purposes only, form no part of this by-
law and shall not affect in any way the meaning or interpretation of the provisions of this
by-law.
16.6 This By-law and the provisions contained within are intended to be complementary to
provincial statutes and to other by-laws passed by the County. In the event that any other
applicable law requires a higher standard than this By-law requires, the higher standard
shall apply.
16.7 In this By-law, unless the context otherwise requires words importing the singular shall
include the plural and use of the masculine shall include the feminine, where applicable.
16.8 Where this By-law refers to a person undertaking an activity, matter, work or thing, it is also
intended to apply to persons that direct another person to undertake such activity, matter,
work or thing.
16.9 The Schedules appended to this By-law are incorporated into and form part of this By-law.
SECTION 17- REPEAL
17.1 For the geographical areas of the lower-tier municipalities of Algonquin Highlands,
Highlands East and Minden Hills as shown on Schedule C of By-law 4169, By-law 3505 is
hereby repealed on the effective date established in Section 14 of this By-law.
Notwithstanding, By-law 3505 will remain in effect for those orders issued under that By-
law that have not been complied with and/or until any prosecutions initiated under that By-
law have been finalized by a Court.
READ a first and second time this 22nd day of March 2023.
READ a third time this 22nd day of March 2023.
Original Signed by Liz Danielsen
Warden
Original Signed by Michael Rutter
Clerk
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SCHEDULE 'A' to BY-LAW 4169
SHORELINE PERMIT APPLICATION REQUIREMENTS
A shoreline permit application shall contain the following information:
1. Shoreline permit type (i.e. site alteration, tree removal or both)
2. Shoreline permit purpose (i.e. place or dump fill, alter grade of land, injure or remove tree)
3. Site legal description
4. Site municipal address
5. Site area, lot frontage, lot depth and lot width
6. Site photos
7. Applicant information (i.e. registered owner, address and contact information)
8. Agent information, if applicable (i.e. name, company, address, contact information)
9. Contractor information, if applicable (i.e. name, company, address, contact information)
10. Project schedule (i.e. anticipated start and finish date)
11. A shoreline plan drawn to scale that includes:
a) A key map showing the location of the site, number of hectares of the site, municipal
address, legal description, nearest major intersection, a legend, north arrow and scale;
b) The approximate boundaries of the site and approximate location of any easements or
rights of way;
c) The approximate topography of the site and within 30 metres of the site;
d) The use of the site and the approximate location of all natural and artificial features,
including existing buildings and structures and drainage on and within 30 metres of the
site;
e) The approximate location of any body of water and high water mark;
f) A description of the proposed works;
g) Dates when the proposed works will occur.
12.
A site evaluation report, if required.
13.
Any securities required by the Director.
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SCHEDULE 'B' to BY-LAW 4169
SHORELINE PERMIT CONDITIONS
A shoreline permit is subject to the following terms and conditions:
1.
The Director shall be notified within 72 hours of the commencement of any activity
authorized under an approved shoreline permit;
2.
The Director shall be notified within 48 hours of the completion of any tree removal or
control measures required by the shoreline plan;
3.
The owner shall not modify the shoreline plan, without prior approval of the Director;
4.
The owner shall mark all trees which are to be removed or destroyed with clearly visible
marks of paint at breast height prior to removal/destruction and upon the stump to remain
after cutting;
5.
The owner shall install, inspect and repair or maintain all control measures in the approved
shoreline plan and shall ensure that the control measures perform adequately at all times;
6.
The owner shall allow the Director of an officer to enter the lands to inspect for compliance
with the approved shoreline plan or to perform any work necessary to bring the lands into
compliance with the approved shoreline plan;
7.
The owner shall request the Director to carry out a final inspection of the lands and obtain
approval from the Director that this By-law and the terms and conditions of the shoreline
permit have been complied with by the owner;
8.
The owner shall maintain a copy of the approved shoreline plan on the lands; and,
9.
The owner shall ensure that the work that is the subject of the shoreline permit does not
soil or otherwise foul any highway. Should a highway become fouled, the owner shall
rectify the fouling to the satisfaction of the Director.
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SCHEDULE 'C' to BY-LAW 4169 AREA OF APPLICATION
as per Section 3 of By-law 4169
being the geographical areas of the lower-tier municipalities of the Township of
Algonquin Highlands, the Municipality of Highlands East and the Township of Minden Hills