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18-39 Woodlands Conservation By-law Amendment COUNTY OF ELGIN By-Law No. 18-39 "BEING A BY-LAW TO AMEND BY-LAW 05-03 (WOODLANDS CONSERVATION BY-LAW)" WHEREAS pursuant to Section 135 of the Municipal Act, 2001, County Council enacted By-Law No. 05-03 (Woodlands Conservation By-Law) as a by-law to prohibit or regulate the harvest, destruction, or injury of trees in the County of Elgin; 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 is prepared to enact 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 of the Corporation of the County of Elgin enacts as follows: 1. THAT By-Law No. 05-03 (Woodlands Conservation By-Law) be and same is hereby amended as follows: 1.1 The following subsection, identified as subsection (uu), be added to section 1 ("Definitions"): "(uu)—"Injure" means any action that causes physical, biological, or chemical damage to a tree but does not include pruning or removal of branches for maintenance purposes as undertaken in accordance with Good Forestry Practices, and "Injury" shall have a meaning consistent therewith." 1.2 The following section, numbered and identified as section 3.1, shall be added between sections 3 and 4; "3.1 Exceptions to Exemptions (a) The exemptions provided for in sections 3 (m) and 3 (q) above do not apply to lands identified in Schedule "L" hereto and for which the harvest, destruction, or injury of a tree or trees upon such lands requires that a Slope Permit be obtained pursuant to section 5.1 below." 1.3 Section 5 (a) shall be deleted and the following section substituted therefor. "(a) Every owner of woodlands or person acting on behalf of the owner who intends to harvest, destroy, or injure trees personally or through another person under Section 2 (a) (i) or Section 2 (a) (ii) of this By-Law shall complete and submit to the Clerk an application to harvest, destroy, or injure trees as prescribed in Schedule "F" hereto not less than thirty (30) days prior to the commencement of such harvest, destruction, or injury." 1.4 The following section, numbered and identified as section 5.1, shall be added between sections 5 and 6; "5.1 Regulations for Harvest, Destruction, or Injury to Trees on Slopes—Slope Permit (a) Without limiting the generality of the procedure and requirements set forth in section 5 above, where the harvest, destruction or injury of any tree or trees is proposed and/or intended for lands located with a Woodlands Slope area identified on mapping attached as Schedule "L" (L1 to L7 inclusive) hereto, the owner of such lands or any person acting on behalf of the owner shall also apply for and obtain a Slope Permit authorizing such harvest, destruction, or injury of tree or trees. (b) The following rules apply to the harvest, destruction, or injury of any tree or trees from slopes as identified in Schedule "L" hereto: (i) The owner of any woodlands or any person acting on behalf of such owner shall consult with the Officer prior to submission of the Application for Slope Permit to, among other things, confirm the requirement to apply for and obtain such Permit and otherwise received preliminary direction as to documentation required to be delivered in support of such application. (ii) Concurrent with submission of the Application to harvest, destroy or injure trees as set forth in section 5 (a) above, the owner of any woodlands or any person acting on behalf of such owner shall also apply for and obtain a Slope Permit as prescribed in Schedule"N" hereto and in that regard shall submit the following additional documentation to the Clerk: (1) An Application for Slope Permit as prescribed in Schedule "M" hereto (hereinafter referred to as the "Application"); (2) The fee, if any, as prescribed in Schedule "G" hereto; (3) Written confirmation of pre-consultation with the Officer, including preliminary direction as to documentation required to support the Application for Slope Permit; (4) If required at the preliminary direction of the Officer, an Arborist Report identifying the tree or trees to be harvested, destroyed, or injured, a description of the health of such tree or trees, and, if included, recommendations as to operations for the harvest, destruction, or injury of such tree or trees; (5) If required at the preliminary direction of the Officer, a report prepared by a qualified geotechnical engineer that certifies that the proposed harvest, destruction, or injury of tree or trees will not create increased erosion or land slip to the subject slope area and identified remedial works to be undertaken to control erosion and land slip upon the subject slope area; (6) If required at the preliminary direction of the Officer, a statement signed by the Applicant ensuring that the Applicant will be responsible for undertaking and completing all recommendations made by the arborist in accordance with the report described in item (4) above and all works required by the geotechnical engineer in accordance with the report described in item (5) above; (7) If required at the preliminary direction of the Officer, a statement detailing the proposed method of disposal of any wood waste/ clearing debris; (8) If required at the preliminary direction of the Officer, a statement detailing the proposed method for adequate control of drainage and erosion impacts from the tree removal site; (9) The written consent of any adjacent property owner if the base of any tree or trees to be harvested, destroyed, or injured straddles a property line with that adjacent owner; and, (10) If the Application is not made by the owner of the lands from which the tree or trees is to be removed, the written consent of the owner of such lands from which any tree or trees is or are to be harvested, destroyed, or injured. (iii) The Clerk, on the advice of the Officer, shall advise the person submitting the Application as referred to in section 5.1 (b) (ii) (I) that the Application is complete or incomplete and, if incomplete, the Clerk shall specify why the Application is considered incomplete. (iv) If the Application as referred to above is withdrawn in writing by the Applicant or if the Application is incomplete for in excess of one (1) year from the date of original submission, it shall be deemed as withdrawn and no refund of fees shall be made. The Clerk shall close the Application file when any Application is withdrawn or deemed to be withdrawn. (v) When an Application is complete, the Clerk shall forward the Application, along with all supporting documentation as referred to in section 5.1 (b) (ii) to the Officer for review and processing. Concurrently, the Clerk shall also forward a photocopy of such Application and supporting documentation to the Clerk of the lower tier municipality in which the tree or trees to be harvested, destroyed or injured is or are located for review and comment within fifteen (15) days of delivery to such Clerk of the lower tier municipality. (vi) The Officer shall be responsible for reviewing the Application and all supporting documentation and thereafter, shall decide if a Slope Permit authorizing the harvest, destruction and injury of any tree or trees thereunder shall issue terms and conditions applicable to such Slope Permit, providing at all times that the Officer shall not make any determination or issue such Permit without receipt and taking into account the review comments to be received from the Clerk of the lower tier municipality as referred to in section 5.1 (b) (v) above. (vii) If the Officer decides to issue a Slope Permit as contemplated in section 5.1 (b) (vi) above, he shall do so in the form prescribed in Schedule "N" hereto and the owner of the lands upon which the tree or trees so authorized to be harvested, destroyed, or injured and any person acting on behalf of the owner shall comply with all terms and conditions thereof. (viii) With necessary changes, the requirements of sections 5 (c), (d), and (e) apply to the processing and administration of an Application for and Slope Permit issued pursuant to this section. (ix) A Slope Permit issued pursuant to this section shall be valid for a maximum of one (1) calendar year from the date of issuance. (x) The owner of the lands for which a Slope Permit has been denied or the person authorized on his behalf or, as it relates to conditions only, the lower tier municipality within which such lands are located, may appeal the decision of the Officer to Council and Council may consider and reconsider, as the case may be, the Application, the denial of a Slope Permit and/or the terms and conditions thereof and thereafter make a decision as to the granting of a Slope Permit and the terms and conditions thereof. (xi) The interested party or parties to the appeal process referred to in section 5.1 (b) (x) shall be notified in writing of the date of hearing by Council and furthermore, shall be provided with a copy of all relevant documentation in relation thereto. (xii) During the course of the appeal hearing contemplated by section 5.1 (b) (xi) above, Council shall hear any person, corporation or body interested therein who wishes to speak to such appeal and who has previously sought permission to do so in writing. Upon conclusion of the hearing, Council shall make a decision regarding the appeal of the decision of the Officer and grant or dismiss the appeal. If the appeal is dismissed then the decision of the Officer is confirmed while if the appeal is granted, then the decision of the Officer is reversed or otherwise revised as Council directs. (xiii) When an Application for Slope Permit is denied after an appeal hearing to Council, Council, by its Clerk, shall in writing notify the Applicant of such denial, the date of which notification shall be sent to the Applicant by regular mail posted no later than fifteen (15) days after the date of decision." 1.5 The Schedules referred to in the said new section 5.1 attached under Schedule "A" to this amending by-law, be added to and incorporated in the said By-Law No. 05-03 (Woodlands Conservation By-Law) as schedules "L", "M", and "N" respectively, and section 11 (a) of By-Law No. 05-03 (Woodlands Conservation By-Law) shall be amended accordingly. 2. THAT the balance of By-Law 05-03 (Woodlands Conservation By-Law) is hereby ratified and confirmed in all other respects. READ A FIRST, SECOND AND THIRD TIME THIS 27TH DAY OF NOVEMBER 2018. ,A27/1/Z 9tAdtAi Julie nyou, David Marr, Chief Administrative Officer. Warden SCHEDULE "A" to the By-Law No. 18-39 amending By-Law No. 05-03 (Woodlands Conservation By-Law) SCHEDULE "L" Slopes Subject to Regulation (s. 5.1) Maps L1 to L7 attached ' 1 2,uarrdntagYZ � The Municipality of 1 ^`_._ --- � ��1111 i��ullnnl Central ElginL — r►1►►1►r►� ,./411� Community ' ��11►L: ,,, of Belmont Schedule Li -��'i ' 1 1�1►rN • till= �„�� IiS��r►►►e,s�. k Man Lenend ` O.C ► ��iv. �:.,Lt: �:'_ Urban Settlement Noa r - �. .��. r��,,�"► tt o. Municipal Boundary i ►°is. � r1M �� /a n' Ir::: �� Railway •n;i�r/ ..��►� Ir►►r"r „n. 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Community "� L: of Lynhurst waterevrses � _' Waterbodies xst_j Woodlands Slope160 0 150 300Schedule L2 y V Metres January 2016 f i i .� �� ,,```.. 4,• rit11117#li!11110„��i.� �(r-i -ltilnlnllllllfll M a 1. 3 ► 4►►►►r►n► iili�ip n at% I 0,�" 0 111111111111111 III 1 1 • Lak rS IIU►►��If sG . ��;,,��I lui1101' " The Municipality of uut a uunmr �i� ��\\\t s_�� Central Elgin 1111:: : _,__ Community of eT Or1111111►1 14,174:11, ��►y �_ul Norman Lyndale ch of --- rii mniui 1117! �� _,: stThomas 4,� q► = ►q, 41111111% Schedule L3 —Dj► ►1 �, ♦, inall Magend NI i _� _, `� Urban Settlement Area 01 NM iii 2:4. Inn / ,r'-I u p t 1 =E®� ', Manklpal Boundary - - _ y� ._- l/' i ■1� o m I LI y � Railwa_ no = =�� i LL„i WoodWatelandsbodiesSlopes MN MI MO c— IIIII � � --,• mow� min I / • =€� ______________....\ Township of =r southwold ,,, ----iii. iA I 11111 \ Ht , 1' I v • Om, f e.nsu _ MI I � 'F3 NOM `+"" i ... •I I UM Mani l EMU. MEW mar .'-""'^'mow.- Milli' ri 1 III lk �� III "i'z J 200 0200 400 I January 2016 i I , • I `ii1T IIIIII IIII IMMIIIIUMMIIIIIIIIIL The Municipality of 1 11111 11111111! r ,,.a. Central Elgin 11( Community ofUnion ■'� Schedule L4fika,1 pia{1 I AaendJI Urban Settlement Area ...iiiiiaL1) wallill gill �� hluntclpal ooundary``` 111 1 RaIIwaY p . ri-• ,- Watercourses`°�` Watarbodles Ell 1111 [ �`1 Woodlands Slopes Township of Southwotd1 0„,a0311 Ir i / 0 .„;; 'a%I / ' I 1 it 'MaI I SII1._ i _,,,,,t,:m. ,,,c.,:-, or'Jt Ativelov-iw,-- . ; ,' is -áiiay ,111111. tin t.n. mi 1 —4.411111 ei � ia111 mmo � i , u . Ila . �� -/ ji r��"�; 1. 1111111: _ . : e� wa eel :fi • _ j 1 �� r - n 111.1 E-1 • ow l225. 0 225 450 t. 1 Metres iAllfirriffiMir January 2016 i illtr �'') The Municipality of 7ownshlp of ,,,� -��--. �. Southwald ��I Central Elgin _ , � / � p'�. c, unity of • ` *r7.•.• Stanley w..� % ` ' jokW N imp —1 -imill �,, dule L5 . 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IQLI®11111 I� .Y9L- lllll illi 1 I ` N �� I . .ii r,' ' [iy In ..III 9;,. `iia■j,; , i - §--- v, �, S' s 11..11iii Y imulii - �1 1 11= ' • mss, ,-,- 1 II III � v�y.: 14111!111111111111111 ��-II I vam '4.;. �� i �.. `'� 3e .•,( '• '' ,., . :aa � .�§„ ., III��I I Pt Ill' - s .�. „4 .f.,;ly -„, ,..mss' c 3 ,,, , ' ''�.:,' n ,8+44 4 4'`r c f_ UN ,",�` ,,, .,01.74;4rki.-0 ck,,,kirk,4"04,0, ,':;•',0+r-AN'''.*-' ''' . .'^'/4.-- ' 171/0-ar ft"-::;,,A.11-',2':-',:r: ' . r �'�" t. �v.q-'. '" 250 0 250 500 .. ��t ` �` Metres . .. "� ...,w �, January 2016 1 The Municipality of Central Elgin • Community of f Sparta I •• Schedule L6 II Map Leaend I Rural Settlement Area j \ Municipal Boundary I I - r Railway 1 I +iw.r.... Watercourses IIoM61n I Waterbodles II I I _ I , ~.f ,„. Woodlands Slopes 1 1 / : �a•- rr '; I II. ' _ t r NIIIIIINE ,,,-- rr s 75 0 75 150 Metres January 2016 < • • i •, The Municipality of Central Elgin I 1 Community of 1 New Sarum i,:,,,,,,,,,., � � y Schedule L7 �ir / Mau Legend J - Rural Settlement Area j - Municipal Boundary 11111 RaHway stws..ra Watercourses , Waterbodles t V/oodlands Slopes lillikikik I I ntleb «.' ] ,� 64 I 1 11II __ij ,, 7ribeltinr hilyhvnY�) ,__�- w�t 75 0 T 75 150 G Metres 1 January 2016 i SCHEDULE "M" SLOPE APPLICATION NUMBER APPLICATION TO HARVEST, DESTROY OR INJURE TREES ON SLOPES for the COUNTY OF ELGIN WOODLANDS CONSERVATION BY-LAW NO. 05-03 This completed application must be submitted at least twenty (20) working days prior to the proposed commencement of the Harvest. APPLICANT INFORMATION Property Owner's Name: Address: Phone: E-mail: PROPERTY INFORMATION Roll#of woodland: Lot Concession: Township: Woodland Size: 911 Address of Woodlot: DETAILS OF PROPOSED WORK Expected Starting Date: Person in Charge of Cutting: Contractor's Name: Address: Phone#: Fax#: E-mail: Tree Species and Number to be removed Species Number Species Number Species Number Attach a sketch/map of property outlining property lines, roads, buildings &structures, north, top &bottom of slope, approximate location of trees to be removed, base of harvest operations, equipment access location, etc. Attach a written description outlining your proposed method(s) for removing wood waste, clearing debris and equipment to be used. Add detail to sketch where appropriate. Attach a written description outlining your proposed method(s) for controlling drainage and erosion impacts from the tree removal site. Add detail to sketch where appropriate. SUPPORTING DOCUMENTATION The following documentation is attached in support of this Application: Confirmation of Pre-Consultation with and Direction from Officer If required at preliminary direction of Officer. Report from Arborist ' (Author. Date: ) Report from Geotechnical Engineer (Author: Date: ) Statement Agreeing to Complete Work/Recommendations Statement Detailing Proposed Method of Disposal of Waste/Debris Statement Detailing Drainage Control Measures Written Consent of Adjacent Property Owner(if required) Written Consent of Owner(if required) I agree that operations will be in accordance with the provisions of Woodland Conservation By- Law No. 05-03, of the County of Elgin and that I am familiar with the contents and requirements of this By-Law and acknowledge having received a copy 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,. I agree to contact the Officer by Telephone (519) 631-1270 ext. 231, twenty-four (24) hours prior to the start of cutting. DATED AT this day of , 20 Signature of Owner Signature of Contractor Mailing Address: Elgin County Tree Commissioner, c/o Kettle Creek Conservation Authority, RR# 8, 44015 Ferguson Line, St Thomas, Ontario, N5P 3T3 Phone: (519) 631-1270 ext. 231 Fax: (519) 631-5026 Personal Information on this form is collected 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 by the Officer: , Date: Schedule "N" SLOPE PERMIT Permit for the Harvest, Destruction or Injury of Trees on Slopes Permission is hereby granted by the Corporation of the County of Elgin to destroy trees under BY-LAW NO. 05-03 REFERENCE APPLICATION #: ISSUED TO: 911 ADDRESS: LOT: CONCESSION: MUNICIPALITY: Tax Roll Number: Description of area and trees to be destroyed: Conditions of the permit: DATE OF ISSUE: DATE OF EXPIRY: PER Clerk or Designate