HomeMy WebLinkAboutEGD-022-08
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REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday April 14, 2008
Resolution #:SPA ~ cJldS-o'Z
Report #: EGD-022-08
File#:
By-law #:
Subject:
SITE ALTERATION BY-LAW
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-022-08 be received;
2. THAT provided that there are no significant issues raised by the General
Purpose and Administration Committee, the By-law be approved by Council in
principle subject to final review by the Municipality's Solicitor and the Director of
Engineering Services; and
3. THAT the matter be referred back to staff to prepare a report detailing the
Policies and Procedures for the administration of the By-law, including the
application form, and the final draft of the By-law.
Respectfully by,
~
O~~Cu'LC
Reviewed by: Franklin Wu
Chief Administrative Officer
Submitted by: A.S. Cannella
Director of Engineering Services
ASC/jo
April 3, 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET. BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282
Report #EGD-022-08
Page 2
1.0 BACKGROUND
1.1 The need for a Municipal "Site Alteration By-Law" has been identified for a
number of reasons:
. concern regarding the type and source of material that is being placed on
receiving properties
· concern regarding the impact of concentrated heavy truck traffic on our roads
(particularly on low class bituminous and gravel roads)
. concern for the volume of fill placed on a property in a relatively short
timeframe
. concern for the placing of fill in environmentally protected areas including
wetlands and woodlots
· concern for the placing of fill on agricultural properties but which is not part of
the normal agricultural practice
. concern for noise, mud, dust, erosion and sedimentation control
. concern for the alteration of existing drainage patterns which may adversely
affect the watershed
1.2 Recently, the Oak Ridges Moraine Conservation Plan and Act calls for
Municipalities to enact site alteration by-laws. No sample by-law has been
provided by the Province.
1.3 Recently, too, Clarington citizens have requested that Council implement such a
by-law in response to concerns similar to the above.
2.0 INTENT OF THE BY-LAW
2.1 The intent of the By-law is to control significant excavation and/or filling of
property by requiring that a Permit be applied for which outlines and identifies
information which, in turn, will allow the Director to "assess the impact of the fill or
alteration on the area affected",
Report #EGD-022-0B
Page 3
2.2 The By-law provides for a comprehensive list of exceptions to the provisions of
the By-law including:
. site alteration of lands approved for development under the Planning Act
. work undertaken by the Municipality
. certain electrical works as defined by the Electricity Act such as transmission
or distribution systems
. land for which there has been a permit issued under the Aggregate
Resources Act
. drain construction works under the Tile Drainage Act
. erection or demolition of a structure permitted by the Municipality under the
provisions of the Building Code
. swimming pool installations
. work undertaken pursuant to an order under the Property Standards By-law
. landscaping and flowerlvegetable gardening subject to annual maximum fill
volumes
. topsoil removal as part of a bona fide agricultural practice
. organic and granular material imported and exported as part of a properly
zoned contractor's yard.
3.0 COMMENT
3.1 Staff have reviewed Site Alteration By-laws enacted by other municipalities and
have subsequently drafted the attached By-law for Committee's review
3.2 The attached draft by-law has been prepared by the Engineering Services
Department, reviewed by our Municipal Solicitor as well as other Engineering
staff, Municipal By-law Enforcement, Operations Department, and the Planning
Department. Input has been received and incorporated.
3.3 Staff also presented a similar draft to the Agricultural Advisory Committee of
Clarington which was very well received. The latest draft is also currently being
reviewed by the Conservation Authorities; and the initial draft was reviewed by
Report #EGD-022-08
Page 4
CLOCA did meet with their approval, and CLOCA confirmed that their recently
adopted "Procedure/Protocol for Fill Sites in Excess of 500 m3 of Fill Material"
integrates well with the Municipality's proposed by-law.
4.0 APPLICATION FEES
4.1 Staff recommend that an application fee is warranted under this by-law due to the
amount of staff time required to review the application, field visits and inspections
which may be necessary and periodic enforcement. The recommended fee is:
. less than 250m3 - $200.00
. greater than 250m3 - $400.00
5.0 CONCLUSION
5.1 Staff respectfully request Committee's input on the By-law at this time and
recommend that the matter be referred back to staff to prepare policies and
procedures for the administration and enforcement of the By-law.
Attachments:
Attachment 1 - Site Alteration By-law
ATTACHMENT NO.:1
REPORT NO.: EGD-022-0B
THE CORPORA nON OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2008-
being a By-law to control the dumping of fill, removal of
topsoil and alteration of grades
WHEREAS section. 142 of the Municipal Act. 2001, S.O. 2001, c. 25, as amended,
authorizes a municipality to prohibit orregulate the dumping of fill, removal oftopsoil and
alteration of grades;
AND WHEREAS Council has approved Report #EGD-022-08 which recommended that
this By-law be passed.
NOW THEREFORE the Council ofThe Corporation of the Municipality ofClarington
hereby enacts as follows:
1. Interpretation...............................................................................1
2. General Prohibitions................................................................. .......3
3. Exeeptions................................................................................ ....3
4. Specific Prohibitions and Regulations..................................................5
5. Issuance of a Permit.........................................................................5
6. Permit Requirements...................................................................... 7
7. Permit Expiry and Renewal...............................................................8
8. Permit Revocation....................................................................... ...8
9. Enforcement.................................................................................8
10. Remedies and Penalties....................................... ........ .................. ...8
11. General Provisions..........................................................................9
I. Interpretation
1.1 "Applicant" means each Person who seeks or obtains a Pennit.
1.2 "Conservation Authority" means the Central Lake Ontario Conservation
Authority, the Ganaraska Region Conservation Authority or the Kawartha
Lakes Conservation Authority, whichever Authority has jurisdiction over
land to which the By-law applies.
1.3 "Contaminated Fill" means material which contains any solid, liquid, gas,
odour, waste product, radioactivity or any combination thereof which is
present in a concentration greater than that which naturally occurs in the
location of the lot or parcel ofland in question and which has the potential to
have an adverse effect on the natural environment, human activity, and/or
health and safety as defined under the Environmental Protection Act, R.S.O.
1990, c.E.19, and includes bio-solids created by the paper manufacturing
process, either in the form or pure paper fibre bio-solids or as mixed with
other material to form products known as "'nitro-sorb", "sound-sorb", or
other products with similar composition.
1.4 "Director" means the Municipality's Director of Engineering Services.
1.5 "Dumping" shall be broadly interpreted for this by-law to include stripping,
removing, moving, transporting, importing, exporting or placing of any Fill
or Topsoil into, out of or upon lands within any single or adjacent properties
within the Municipality.
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1.6 "Fill" means any type of material deposited or Placed on lands and includes
Soil, stone, concrete less than 0.1 cubic metres in size which does not
contain steel reinforcement, construction materials, asphalt, sod or turf either
singly or in combination.
1.7 "Finished Grade", means the elevation of the ground surface ofland upon
which Fill has been Placed or Dumped or after alteration of the Grade has
occurred.
1.8 "Grade" means the elevation of an existing ground surface, except where the
Placing or Dumping ofFill or the alteration of the then existing ground
surface has occurred in contravention of this By-law in which case Grade
means the elevation of the ground surface as it existed prior to such Placing
or Dumping ofFill on or alteration of the existing ground surface occurring.
1.9 "Inspector" means any of the following staff members of the Municipality:
Director of Engineering Services, Manager of Transportation and Design,
Manager of Construction, Design Engineer in the Municipality's Department
of Engineering Services, Roads Supervisors in the Municipality's
Department of Operations, and such Municipal Law Enforcement officers as
may be appointed by the Municipality from time to time.
I. ] 0 "Lot" means a lot or block shown on a registered plan of subdivision ofland
and the land is not within a registered plan of subdivision. Lot means a
parcel ofland owned by an Owner.
1.11 "Municipality" means the Corporation of the Municipality ofClarington and
includes all areas within its territorial limits.
1.12 "Normal Agricultural Practice" includes sod-fanning, greenhouse operations
and nurseries for horticultural products but does not include the sale,
exchange or other disposition of Top soil.
1.13 "Owner" means each registered owner ofland
(a) for which a Permit is sought or obtained; or
(b) in respect of which there is or may be contravention of
i) this By-law;
ii) an order made pursuant to subsection 144(5) of the Municipal
Act, 2001; or
iii) a court order made pursuant to subsection 144(18) of the
Municipal Act. 2001.
1.14 "Permit" means a permit issued by the Director pursuant to the provisions of
this By-law.
1.15 "Person" includes a natural individual and their heirs, executors,
administrators or other legally appointed representatives. a corporation,
partnership or other form of business association.
1.16 "Place" means the distribution ofFill on lands to establish a Finished Grade
higher or lower than the Existing Grade and "Placing" and "Placed" in
relation to Fill have the same meaning.
1.17 "'Ponding" means the accumulation of surface water in an area not having
drainage therefrom where the lack of drainage is caused by the Placing or
Dumping ofFill orthe alteration of the Grade.
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1.18 "Proposed Grade" means the proposed elevation of the ground surface of
land upon which any Fill is proposed to be Placed.
1.19 "Retaining Wall" means a wall designed to contain and support Fill which
has a Finished Grade higher than that of adjacent lands.
1.20 "Soil" means material commonly known as earth, Topsoil, loam, subsoil,
clay, sand or gravel or any combination thereof.
1.21 "Swale" means a shallow depression in the ground sloping to a place for
disposal for the purpose of providing a method of drainage of surface water.
1.22 "Topsoil" means those horizons in a Soil profile, commonly known as the
'''0'' and the "A" horizons, containing organic material and includes deposits
of partially decomposed organic matter such as peat.
1.23 "Zoning By-law" means a by-law passed by the Municipality pursuant to
section 34 of the Planning Act and includes the Municipality's Zoning By-
law 84-63, as amended or superseded from time to time and the
Municipality's Oak Ridges Moraine Zoning By-law 2005-109 whichever is
applicable to any land to whicb this By-law applies.
2. General Prohibitions
2.1 No Person may Place or Dump Fill or Topsoil or cause or permit Fill or
Topsoil to be Placed or Dumped in the Municipality except in accordance
with this By-law.
2.2 No Person may remove Soil or cause or permit the removal of Soil except in
accordance with this By-law.
2.3 No Person may alter the Grade or cause or permit the Grade of any land in
the Municipality to be altered except in accordance with this By~law.
2.4 Where a Permit has been issue~ no Person may, except in accordance with
the provisions of that Permit,
(a) Place or Dump Fill or cause or permit Fill to be Placed or Dumped;
(b) remove Soil or cause or permit the removal of Soil; or
(c) alter the Grade of any land or cause or permit the Grade of any land
in the Municipality to be altered.
3. Exceptions
3.1 The provisions of this By-law do not apply to the extent that the Placing or
Dumping ofFill, removal of Topsoil or alteration of the Grade of land is;
(aJ undertaken by the Municipality or a local board of the Municipality;
(b) on residential properties for the purpose of swimming pool
installations;
(c) imposed after December 31, 2002 as a condition to the approval ofa
site plan, a plan of subdivision or a consent under section 41,51 or
53 respectively, of the Planning Act or as a requirement of a site plan
agreement or a subdivision agreement executed and in good standing
entered into under those sections;
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(d) 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 and in
good standing under that regulation;
( e) undertaken by transmitter or distributor, as those terms are defined
in section 2 of the Electricity Act, 1998, for the pUlpose of
constructing and maintaining a transmission system or a distribution
system, as those terms are defined in that section;
(f) undertaken on land described in a licence for a pit or quarry or a
permit for a wayside pit or wayside quarry issued under the
Aggregate Resources Act;
(g) undertaken on land in order to lawfully establish and operate or
enlarge any pit or quarry on land,
i) that has not been designated under the Aggregate Resources
Act or a predecessor of that Act, and
ii) on which a pit or quarry is a permitted land use under a by-
law passed under section 34 of the Planning Act;
(h) undertaken as an incidental part of drain construction under the
Drainage Act or the Tile Drainage Act;
(i) undertaken in accordance with a permit issued by the Municipality's
Chief Building Official pursuant to the Building Code Act, 1992 for
the erection or demolition of a building or structure, provided the
Director and the Chief Building Official are satisfied that the permit
application provides sufficient information to determine compliance
with the provisions of this By-law;
(j) undertaken in accordance with an order issued pursuant to the
Municipality's Property Standards By-law as amended from time to
time; or
(k) Contractor's Yard which imports, processes, used and/or calls
organic or granular material and which complies with the
Municipality's Zoning By-law.
3.2 The provisions of this By-law do not apply to the extent that Fill is Placed on
lands zoned for residential use within the meaning of the Zoning By-law for
the purpose of lawn dressing, landscaping, adding to flower beds or
vegetable gardens, provided that:
(a) the elevation of the land within 1.0 metres of the property line is not
changed;
(b) there is no change in the location, direction or elevation of any
natural or artificial watercourse, open channel, Swale or ditch used to
drain land;
(c) the functionality of any drainage infrastructure is not impeded;
(d) the Dumping or Placing ofFill on a Lot which is 0.1 hectares orless,
provided that the volume ofFill Dumped or Placed does not exceed.
30 cubic metres in any consecutive 12 month period; and
(e) the Dumping or Placing ofFill on a Lot which is greater than 0.1
hectares in area, provided that the volume of Dumped or Placed Fill
does not exceed 60 cubic metres in any consecutive 12 month period.
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3.3 The provisions of this By-law do not apply to the extent that Topsoil is
removed or placed as an incidental part of bona fide Normal Agricultural
Practice.
3.4 The provisions of this By-law do not apply in an area to the extent of any
conflict with a regulation made under section 28 of the Conservation
Authon.ties Act respecting the Placing or Dumping ofFill, removal of
Topsoil or alteration of the Grade ofland in such area.
3.5 The provisions of this By-law do not apply in an area to the extent to any
conflict with a regulation made under Ontario Regulation 140/02 - The Oak
Ridges Moraine Conservation Plan respecting the Placing or Dumping of
Fill, removal of Topsoil or alteration of the Grade ofland in such area.
4. Specific Prohibitions and Regulations
4.1 No Person may Place or Dump Fill or cause or permit Fill to be Placed or
Dumped and no Person may remove Topsoil or cause or pennit the removal
ofTepsoil and no Person may alter the Grade of any land or cause or pennit
the Goade of any land to be altered within the Municipality in any of the
following circumstances:
(a) where the Owner has not consented in writing to the Placing or
Dumping ofFill or to the removal of Topsoil or to alteration of the
Grade;
(b) where the Fill is Placed or Dumped or the Goade is altered for storage
purposes and such storage is not permitted pursuant to the Zoning
By-law;
(c) where the Placing or Dumping of Fill is in contravention of any
Federal, Provincial or M1Ul.icipallaws, by. laws, notices, regulations.
permits or agreements;
(d) where the Placing or Dumping ofFill or alteration of the Grade will
result in changing any Grade established by a grading and drainage
plan approved by the Director including, without limitation, a
grading and drainage plan approved by the Director in relation to any
subdivisi~ re-zoning, site plan or building permit approval, and
such Placing or Dumping or Fill or alteration occurs without a valid
Permit therefore;
(e) where Municipal pavement, ditches, culverts, sidewalks, facilities or
other infrastructure or services are, or may be, in any way impacted.
The Municipality may invoke its right to post a No Heavy Trucks
route in the event that a hauler is damaging Municipal infrastructure;
(I) where the Fill includes material from the demolition of any structure,
toxic or hazardous materials, glass, raw sewage, Contaminated Fill,
construction refuse or debris; or
(g) where the Placing or Dumping ofFill or alteration of the Grade is on
or with respect to any land zoned within any of the Open Space or
environmental protection zones provided in the Zoning By-law,
nnless either approval therefore has been issued by the Conservation
Authority with jurisdiction over such land, or a Permit has been
issued pursuant to this By-law.
5. Issuance of a Permit
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5.1 The Director is hereby authorized and directed to issue a Permit where an
Applicant has satisfied the requirements of this By-law.
5.2 An Applicant shall submit the following to the Director:
(a) a completed application in the form prescribed from time to time by
the Director in accordance with the information required in this By-
law;
(b) the Permit fee prescribed by the Municipality from time to time;
(c) when required by the Director in order to assess the impact of the Fill
or alteration on the environment affected, a Fill-control plan, which
shall include any or all ofthe following as shall be specified by the
Director and to the Director's satisfaction:
i) a key map showing the location of each Lot, including the
nearest major intersection and north arrow;
ii) the Lot's boundaries and area (expressed in hectares) of each
such lot or parcel ofland;
iii) the existing and proposed use of the land and the location and
use of the buildings 'and other structures adjacent to each Lot;
iv) the location, dimensions and use of any building and other
structures existing or proposed to be erected on each Lot;
v) the location oflakes, streams, wetlands, channels, ditches,
other watercourses and other bodies of water on and within a
minimwn of30 metres beyond each Lot's bonndaries;
vi) the location of all Regulatory Flood Lines and Conservation
Authority Fill Regulation lines;
vii) the location and identification of the predominant existing
Soil types on the Lot;
viii) the species, Grade at base and size of all trees greater than
250 ruillimetres in calliper, all shrubs, trees and hedges
within three (3) metre(s) of the property line and driveways
on each Lot and all easements and rights-of-way over, under,
across or through the Lot;
IX) the location and dimensions of any existing and proposed
stonn water drainage systems and natural drainage patterns
on and within a minimum of 30 metres beyond each Lot's
boundaries;
x) the location and dimensions of utilities, structures, roads,
highways and paving located within a minimum of 30 metres
beyond each Lot's boundaries;
xi) the existing topography on the Lot and extending a miuimum
000 metres beyond the Lot's boundaries;
xii) the Proposed Grades of each Lot;
xiii) the location and dimensions of all proposed land disturbance
activities, including construction of access roads;
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xiv) the location and dimensions of all temporary Soil, dirt or Fill
stockpiles;
xv) the location, dimensions, design details and design
calculations of all construction site erosion control measures
that may be necessary to minimize the impact of the
proposal;
xvi) a schedule of the anticipated starting and completion dates of
each land disturbance or land development activity;
xvii) provisions for the maintenance of the construction site
erosion control and dust control measures during construction
and after as required;
xviii) a plan of proposed external haul routes and daily schedule for
hauling, including a plan showing signage as required by the
Director;
xix) the scale of drawing, ranging from 1:250 to 1:1000 as
deemed appropriate (each drawing control plan to be in
metres);
xx) an indication on the drawing of directions of overland water
flow and overland flow route;
xxi) any information, plans or studies required by Ontario
Regulation 140/02.
(d) Proposed Grades and drainage system to be used upon completion of
the Placing or Dumping offill on a Lot;
(e) a description of the proposed Fill, including a list of the sources and
geotechnical reports as to content and quality, prepared by qualified
experts in that regard;
(I) a certificate of the Owner, Applicant and each qualified expert
referenced in paragraph (e) certifYing that the Fill contains no
contaminants as defined in the Environmental Protection Act, R.S.O.
1990, c. E.19;
(g) a plan showing the desigu details to proper scale of any Retaining
Wall that maybe required and the dimensions of any materials to be
used in construction of such Retaining Wall; and
(h) security in a form and amount to be detennined by the Director to
secure performance of the work for which the Pennit is being
applied.
5.3 The Director shall have the Authority to desiguate all truck routes and
trucking schedules, including any revisions, in order to minimize impacts to
the public and Municipal infrastructure. Public notification and siguage may
also be required by the Director.
5.4 Any perscn Dumping Fill or Topsoil or altering grades within the
municipality shall implement and maintain an approved mud tracking and
dust control program. Such program shall be provided in writing to the
Director's satisfaction and shall include the provision of mud mats and dust
control measures at both the removal and dumping sites, and the continuous
monitoring thereof. Emergency contact names and numbers shall also be
provided to the Director. Where mud and dust are not controlled to the
satisfaction of the Director, the Director may, without notice, have such mud
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or dust controlled by Municipal forces or a third party contractor and such
costs, including a 30% management and administration charge, shall be paid
by the applicant upon invoicing. Any associated Permit may also be
considered revoked, until such invoices are fully paid and any additional
letters of credit provided, to the sole discretion of the Director.
5.5 The Director may draw upon the security posted pursuant to paragraph
5,2(h) to recover the costs incurred by the Municipality in perfonning any
required work which the Owner or the Applicant has failed to perfonn,
5.6 The issuance of a Permit does not relieve the Ovmer or the Applicant from
the obligation to secure all other applicable approvals.
6. Permit Requirements
6.1 The Director may, prior to the issuance of a Permit, require the Owner or
Applicant or both to enter into an agreement which may be registered on title
to the Lot containing such requirements of this By-law as the Director
considers necessary to ensure that the alteration of land or the Placing or
Dumping or removal ofFill is done in accordance with the prevailing design
standards of the Municipality and proper engineering principles, and that
prior to the commencement of the Placing or Dumping ofFill, a mud
tracking and dust control program containing measures considered to be
appropriate by the Director to control mud tracking and dust both on the Lot
or other land from which the Fill is proposed to be removed and on the land
on which Fill is to be Placed or Dumped and the truck routes proposed to be
used by the Applicant, if any, to move the Fill to the Lot on which it is
proposed to be Dumped or Placed,
6.2 Requirements contained in an agreement may include the Owner or
Applicant releasing and indemnifying the Municipality, certifying that the
Fill contains no contaminants as defined in the Environmental Protection
Act, posting with the Municipality the required security and where, in the
opinion of the Director, extensive activities are proposed, certification by a
geotechnical engineer or other similarly qualified Person, both prior to the
issuance of a Pennit and upon completion of the work. All such certification
shall slate that the Owner or Applicant can and has complied with all of the
obligations and conditions contained in the applied for and issued Permit.
6.3 The Director may, from time to time and at the Applicant's expense, require
the testing of any Fill by a qualified expert retained by the Municipality.
6.4 The Director may require the Applicant to install such site remediation
measures, including Topsoil, seeding, sodding and installation of berms and
landscaping, as are necessary to minimize the visual impact ofFill or Grade
alteration proposals.
7. Permit Expiry or Renewal
7, I A Permit shall expire 90 calendar days after the day on which it is issued
pursuant to this By-law,
7.2 A Pennit may be renewed at any time prior to its expiry for an additional 90
day period by an Applicant making a written application to the Director
accompanied by a payment of 50% of the original Permit fee, provided that
the Permit requirements imposed by this By-law and any agreement made
pursuant to paragraphs 6,1 and 6.2 respecting the Permit proposed to be
renewed are not amended or changed.
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8. Permit Revocation
8.1 It is a condition of each Permit that the Permit may be revoked by the
Director under the following circumstances:
(a) if it was obtained on mistaken, false or incorrect information;
(b) if it was issued in error;
(c) if the Owner or Applicant requests in writing that it be revoked;
(d) if the terms of an agreement under this By-law have not been
complied with; or
(e) if an Owner or an Applicant fails to comply with the provisions of
this By-law or with an order requiring work to be done to correct any
contravention of this By-law.
9. Enforcement
9.1 Inspectors are hereby authorized to carry out inspections in relation to this
By-law and are delegated such powers as are within the jurisdiction of the
Municipality in order to administer and enforce this By-law including,
without limitation, the power to make orders requiring the discontinuance of
activities and requiring work to be done to correct contraventions of this By-
law.
10. Remedies and Penalties
10. I Each person who Places or Dumps Fill or who causes or permits Fill to be
Placed or Dumped contrary to this By-law or to a Permit shall forthwith
remove such Fill and restore the existing Grade of the land.
10.2 Each Person who removes Topsoil contrary to this By-law or to a Permit
shall forthwith rehabilitate the land from which the Topsoil was removed
including the replacement on the land of Topsoil and the restoration of the
Existing Grade of the land.
10.3 Each Person who alters the Grade of land or who causes or permits the
alteration of the Grade ofland contrary to this By-law or to a Permit shall
forthwith restore the land to its original condition including the Existing
Grade of the land.
10.4 Where an Owner fails to do any work required in an order issued pursuant to
this By-law within the period specified, the Director may cause the work to
be done at the Owner's expense and, for this purpose, the Director,
Inspectors and the Municipality's employees and agents may enter on the
Owner's land at any reasonable time.
10.5 Any person who contravenes any provision of this by-law is guilty of an
offence and upon conviction shall be liable to a fine as set out in The
Provincial Offences Act.
10.6 Should any section, clause, or provision of this By-law be declared by a
court of competent jurisdiction to be invalid, the same shall not affect the
validity of this By-law as a whole or any part thereot; other than the part so
declared to be invalid.
11. General Provisions
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11.1 The provisions of this By-law shall apply to all lands and premises within the
Municipality.
11.2 All references to legislation in this By-law are references to legislation of the
Province of Ontario, as amended from time to time, including successor
legislation, whether enacted prior to or subsequent to the enactment of this
By-law.
11.3 Should any section or subsection of this By-law be declared invalid by a
court of competent jurisdiction, such section or subsection shall be construed
as being severed from this By-law and the remainder of this By-law shall
continue in full force and effect.
11.4 This By-law shall be administered by the Director of Engineering Services.
BY-LAW read a first and second time this xxth day of xx xxx x, 2008.
BY-LAW read a third time and finally passed this xxth dayofxxxxxx, 2008.
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk