16-17WHEREAS pursuant toSection 135ofthe Municipal Act, 28O1'County Council
enacted By -Law No. 05-03 (Woodlands Conservation By -Law) as a by-law to prohibit or
regulate the harvest, destruction, orinjury oftrees inthe County ofElgin;
AND WHEREAS the Municipality of Central Elgin has petitioned County Council to
amend the said By -Law No. 05-03 (Woodlands Conservation By -Law) to enact further
prohibitions and regulations for the harvest, destruction, or injury of trees located upon
specified slopes within the territorial limits of the said Municipality of Central Elgin;
AND WHEREAS County Council iaprepared toenact recommended amendments
to By -Law No. 05-03 (Woodlands Conservation By -Law) to provide for such further
prohibitions and regulations applicable to specified slopes within the territorial limits of the
County of Elgin including but not necessarily limited to the territorial limits of the
Municipality of Central Elgin.
NOW THEREFORE the Council ofthe Corporation ofthe County ofElgin enacts aa
1. THAT By -Law No. U5-03(Woodlands Conservation ByLaw)baand same ishereby
amended as follows:
1.1 The following section, numbered and identified aosection 31.shall b*
added between sections 3 and 4;
(a) The exemptions provided for insections 3(n)and 3(q)above
dnnot apply tolands identified inSchedule ^L^hereto and for
which the harvest, destruction, orinjury ofatree urtrees upon
such lands requires that aSlope Permit beobtained pursuant to
section 5.1 be|mw.^
1.2 Section 5 (a) shall be deleted and the following section substituted therefor:
"(a) Every owner of woodlands mperson acting onbehalf of the
owner who intends tuharvest, destroy, orinjure trees
personally orthrough another person under Section 2(a)(i)or
Section 2(a)(ii)ofthis By -Law shall complete and submit to
the Clerk anapplication toharvest, destroy, nrinjure trees aa
prescribed inSchedule ^F^hereto not less than thirty (3O)days
prior tothe commencement ofsuch harvest, destruction, or
1.3 The following section, numbered and identified aosection 5].shall be
added between sections 5 and 6;
"5.1 Regulations for Harvest, Destruction, or Injuries to Trees on
Slopes — Slope Permit
(a) Without limiting the generality ofthe procedure and
requirements set forth insection 5above, where the harvest,
destruction orinjury ofany tree ortrees ioproposed and/or
intended for lands located with aWoodlands Slope area
identified on mapping attached aoSchedule ^L^(L1 to L7
inclusive) hereto, the owner ofsuch lands orany person acting
onbehalf ofthe owner shall also apply for and obtain nSlope
Permit authorizing such harvest, destruction, orinjury uftree or
---
(b) The following rules apply tuthe harvest, destruction, orinjury of
any tree ortrees from slopes asidentified inSchedule ^L^
(i) Concurrent with submission ofthe Application toharvest,
destroy orinjure trees uoset forth insection 6(o)above,
the owner ofany woodlands orany person acting onbehalf
ofsuch owner shall also apply for and obtain aSlope
Permit uoprescribed inSchedule ^N^hereto and inthat
regard shall submit the following additional documentation
to the Clerk:
(1) AnApplication for Slope Permit eeprescribed in
Schedule ^K4^ hereto (hereinafter referred to as the
"Application");
(2) The fee, ifany, anprescribed inSchedule ^G^hereto;
(3)AnArborist Report identifying the tree ortrees tobe
harvested, destroyed, orinjured, edescription ofthe
health ofsuch tree ortrees, and, ifincluded,
recommendations aatooperations for the harvest,
destruction, orinjury ofsuch tree o/trees;
(4) Areport prepared byaqualified geotechnical engineer
that certifies that the proposed harvest, destruction, nr
injury oftree ortrees will not create increased erosion or
land slip tothe subject slope area and identified remedial
works tobe undertaken tocontrol erosion and land slip
upon the subject slope area;
(5) Astatement signed bythe Applicant ensuring that the
Applicant will boresponsible for undertaking and
completing all recommendations made bythe arborist in
accordance with the report described initem (%)above
and all works required bythe geotechnical engineer in
accordance with the report described initem (4)above;
(0)Astatement detailing the proposed method ofdisposal
ofany wood waste / clearing debris;
(7) Astatement detailing the proposed method for adequate
control ofdrainage and erosion impacts from the tree
nsmmve| site;
.
(8) The written consent ofany adjacent property owner if
the base ofany tree ortrees tubeharvested, destroyed,
or injured straddles e property line with that adjacent
owner; and,
.
(A) 1fthe Application ionot made bythe owner ofthe lands
from which the tree ortrees iehoberemoved, the written
consent ofthe owner ofsuch lands from which any tree
ortrees ieorare tobeharvested, destroyed, orinjured.
(ii) The Clerk, onthe advice ofthe Officer, shall advise the
person submitting the Application as referred to in section
5.1 (b) (i) (|) that the Application is complete or incomplete
and, ifincomplete, the Clerk shall specify why the Application
is considered incomplete.
(iii) |fthe Application aoreferred toabove iswithdrawn inwriting
bythe Applicant orJthe Application isincomplete for in
excess ofone (1)year from the date oforiginal submission, d
shall bedeemed oowithdrawn and norefund offees shall be
made. The Clerk shall close the Application file when any
Application inwithdrawn ordeemed tobewithdrawn.
(iv) When anApplication iscomplete, the Clerk shall forward the
Application, along with all supporting documentation ae
referred to in section 5.1 (b) (i)tothe Officer for review and
processing. Concurrently, the Clerk shall also forward o
photocopy nfsuch Application and supporting documentation
tothe Clerk nfthe lower tier municipality inwhich the tree nr
trees toboharvested, destroyed orinjured ioorare located
for review and comment within fifteen (15) days ofdelivery to
such Clerk ofthe lower tier municipality.
(v) The Officer shall beresponsible for reviewing the Application
and all supporting documentation and thereafter, shall
decide ifoSlope Permit authorizing the harvest, destruction
and injury nfany tree mrtrees thereunder shall issue terms
and conditions applicable tosuch Slope Permit, providing at
all times that the Officer shall not make any determination ur
issue such Permit without receipt and taking into account the
review comments tobereceived from the Clerk ofthe lower
tier municipality oa referred to in section 5.1 (b) (iv) above.
(vi) Ifthe Officer decides toissue eSlope Permit ea
contemplated insection 5.1 (b)(v)above, heshall doouin
the form prescribed inSchedule ^N^hereto and the owner of
the lands upon which the tree ortrees ooauthorized tobe
harvested, destroyed, orinjured and any person acting on
behalf ofthe owner shall comply with all terms and
conditions thereof.
(vii) With necessary changes, the requirements ofsections 5(c).
(d).and (e)apply hmthe processing and administration ofon
Application for and Slope Permit issued pursuant tothis
section.
(viii) ASlope Permit issued pursuant tothis section shall bevalid
for amaximum ofone (1)calendar year from the date of
(ix) The owner of the lards for which eSlope Permit has been
denied orthe person authorized onhis behalf or, uedrelates
toconditions only, the lower tier municipality within which
such lands are located, may appeal the decision nfthe
Officer toCouncil and Council may consider and reconsider,
aethe case may be, the Application, the denial ofaSlope
Permit and/or the terms and conditions thereof and
thereafter make odecision aatothe granting ofaSlope
Permit and the terms and conditions thereof.
(xii) The interested party orparties tmthe appeal process referred
toinsection 5.1 (b) (xi)shall benotified inwriting ofthe date
ofhearing byCouncil and furthermore, shall beprovided with
a copy of all relevant documentation in relation thereto.
(xiii) During the course ufthe appeal hearing contemplated by
section 5.1 (b) (xi0above, Council shall hear any person,
corporation orbody interested therein who wishes h;speak
hosuch appeal and who has previously sought permission to
duooinwriting. Upon conclusion ofthe hearing, Council
shall make adecision regarding the appeal ofthe decision of
the Officer and grant ordismiss the appeal. |fthe appeal io
dismissed then the decision ofthe Officer ieconfirmed while
Jthe appeal iogranted, then the decision ofthe Officer ia
reversed or otherwise revised as Council directs.
(xiv) When anApplication for Slope Permit isdenied after mn
appeal hearing toCouncil, Council, byits Clerk, shall in
writing notify the Applicant ofsuch denial, the date ofwhich
notification shall besent tothe Applicant byregular mail
posted nolater than fifteen (15)days after the date uf
decision.
1.4 The Schedules referred hninthe said new section 51attached under
Schedule "A"tothis amending by'aw.beadded toand incorporated inthe
said By -Law No. O5'O3(Woodlands Conservation 8y'Lew)aaschedules ^[.
^yN^.and ^N"respectively, and section 11(a)ofBy-Law No. 05-03
(Woodlands Conservation By-Low)shall beamended accordingly.
2. THAT the balance ofBy-Law O5'O3(Woodlands Conservation ByLaw)isherby
ratified and confirmed in all other respects.
READ A FIRST AND SECOND TIME THIS 14 TH DAY OF JUNE 2016.
# Mark G. Mctronard—
ChiefAdministrative Officer.
Bernie Wiehle,
Warden.
READ A THIRD TIME AND FINALLY PASSED THIS DAY OF
Mark 6.McDonald,
BernieChief Administrative Officer.
Wiehle.
Warden.
s M
to the By -Law No. 16-17 amending By -Law No. 05-03
(Woodlands Conservation By -Law)
Slopes Subject to Regulation
(s. 5.1)
Maps Ll to L7 attached
M-idpa lity of
Thames Centre
}
Tw hlp of
MaFahlde
The Municipality of
Central Elgin
Community
of Belmont
Schedule L1
Map Legend
l/rb- Settlement Area
F -16pai Boundary
Railway
Watercourses
Waterbodles
Woodlands Slopes
T $
we
175 0 e 175 350
Metres
January 2016
Township of
Southwo,d Ka - A�
of
City of
St Thomas
[ 1i
hll'-L I
-4
�'J
LIU L'
EJ
v6IIIEFI.-
L EITFI-I
-1; FINI j f7flP
The Municipality of, map Legend
Central Elgin MIbm Settlement pre.
-Idpaj Boundary
Community
of Lynhurst water a es
Schedule L2 woodland, Slopes
q�
150 o 150 300
Metres
January 2016
J;
-7
Q i
city Of
St Thomas
-TT
city Of
St Tim.a.
Township of
5_t
h,old
a, —.1
a
j
The Municipality of
Central Elgin
community of
Norman Lyndale
Schedule L3
Mao qg"'4
urban Settlement A—
Mtmidpaf Boundary
Rail-,
w.t.—.—
waWbodias
Woodlands Stop.
Metres
January 2016
The Municipality of
Central Elgin
Community of
Union
Schedule L4
HBaj.e9ww
Urban Settlement Area
Municipal Boundary
Rm-y
Watercourses
W,ta,bodies
Wndf-dSlopes
225 0 8Pe 225 450
Metres
]--" 2016
Township of
Southwold
ae..
Lake Erle
I VI
V ;r
~re�e' oukvare� uy0�+if
4
c 2�F
The Municipality of
Central Elgin
Community of
Port Manley
Schedule L5
Man Legend
Urban Settlement Area
Municipal Boundary
- Railway
Watercourses
Waterbodies
Woodlands Slopes
w �s
250 0 e 250 500
Metres
l-ue ry 2016
The Municipality of
Central Elgin
Community of
Sparta
Schedule L6
Mao Legend
Rural Settlement Area
Municipal Boundary
VJdterGOUrses
Waterbodies
Woodlands Slopes
Al ;
4.
75 0 a 75 150
Metres
7anuary 2016
ninotuw payn =v a}
The Municipality of
Central Elgin
Community of
New Sarum
Schedule L7
Man Legend
— R—I Settlement A,.
—
Municipal ft-daly
— ReO y
Watercourses
W.te,b.ft�
Woodlands Slopes
IN
4-
75 0 75 150
Metres
January 2015
SCHEDU0E"W0"
SLOPE APPLICATION NUMBER
APPLICATION TO HARVEST, DESTROY 0RINJURE TREES ON SLOPES
for the
COUNTY OF ELGIN WOODLANDS CONSERVATION BY-LAW NO. O5-03
This completed application must be submitted at least twenty (20) working days prior to the
proposed commencement ofthe Harvest.
APPLICANT INFORMATION
Property Owner's Name:
Addreom:__________
Phone:
Roll #ofwoodland:
Township:______
911 Address of Woodlot:
Expected Starting Date:
Person in Charge of Cutting:
Contractor's Name:
PhoneFax E-mail:
Tree Species and Number to be removed
Attach nsketch/map ufproperty outiningpropedyUneo roads, buildings & structures, north,
top &bottom of slope, approximate location of trees to be removed, base of harvestoperations,
equipment access location, etc.
Attach a written description outlining your proposed method(s) for removing wood waste,
clearing debris and equipment toboused. Add detail hosketch where appropriate.
Attach a written description outlining your proposed method(s) for controlling drainage and
erosion impacts from the tree removal site. Add detail iosketch vvhmnaappmphote.
SUPPORTING DOCUMENTATION
Attach the following reports toyour application.
Arborist Report
Name ofAdbohnVCompany:
Date ufReport: Report Number:
Geotechnical Report
Name ofGeotechnical Engineer/Company:________
Date of Report: Report Number:
| agree that operations will beinaccordance withtheprovisionaofVVoodlandConaemaUonBy
Law No. 05-03, of the County of Elgin and that |amfamiliar with the contents and
requirements ofthis By -Law and acknowledge having received acopy thereof.
I agree that operations will be accordance with the recommendations contained within my
Arborist report completed by .dated
I agree that operations will be in accordance with the recommendations contained within my
Geotechnical report completed by .dated
Further, | agree tocontact the Officer byTelephone (51A)S31-i27Oext. 231.twenty-four (24)
hours prior tothe start ofcutting.
this day of20__
Signature of Owner Signature of Contractor
Mailing Address: Elgin County Tree Commissioner,
c/o Kettle Creek Conservation Authority,
RR#8.44U15Ferguson Line,
StThomas, Ontario,
N5P3T3
Phone: (510)G31-127Oext. 231
Fax: (S10)G31'582S
Personal Information onthis form iscollected under the authority of the Municipal Freedom of
Information and Protection of Privacy Act, Section 32, C and D, and may be used to enforce the By-
Law.
Application Received bythe Officer: Date:
R116MAIM1,S), 2,13Fir
A!
Permission is hereby granted by the Council of the County of Elgin to destroy trees
uw,O,er BY-LAW NO. 05-03
�;
911 ADDRESS:
LOT:
CONCESSION:
MUNICIPALITY:
Tax Roll Number:
Description of area and trees to be destroyed:
Conditions of the permit:
DATE OF ISSUE:
I
Al � •� �* i IM111
am
Clerk or Designate