Shoreline alteration and tree protection by-law public consultation

Site Alteration

Tree Conservation

Scope

- 60 metres from the water’s edge

- EP and EP1 zones

- 20 metres from the water’s edge

- EP and EP1 zones

Protection of Riparian Zone

- a 5-metre area surrounding a lake with higher protection standards (unless a structure is already permitted by Zoning).

Walkways

- a maximum width of 2 metres and made of natural materials

- they are only permitted in the riparian area if they directly connect to a boathouse or dock

Patios

- Patios of 28 square metres are permitted for lots with a frontage of 90 metres or less, and 40 square metres for lots with a frontage of more than 90 metres, but filling for a patio is not permitted in the riparian area.

Blasting

- blasting is more strictly enforced within 20 metres of the shoreline and only permitted for foundations under existing dwellings. It is prohibited for any new building within 20 metres of the shoreline.

n/a

Other Exemptions

- existing beaches and features can be maintained/repaired.

Exemptions

- marinas

- commercial land uses in settlement areas

- when a building permit has been issued

Subject

Existing 2008 By-laws

Proposed Change

Flexibility

Shoreline by-laws are flexible. Council may grant exceptions.

No defined application process.

Shoreline by-laws exceptions will require a permit to alter lands unless either a Building Permit, planning approval or permit has been issued.

The permitting process is outlined in the by-law. Staff review some permits, and Council others (such as blasting within 20m of the water’s edge).

Scope – shoreline area

Shoreline by-laws apply to areas 20 metres from the high-water mark.

Shoreline by-laws will apply to areas 60 metres from the high-water mark with enhanced restrictions 20 metres from the high-water mark.

Scope – islands

Shoreline by-laws apply to areas 20 metres from the high-water mark.

Shoreline by-laws will apply to the entirety of islands or water access only properties in their entirety.

Scope – Environmental Protection

zones

The by-laws apply to Environmental Protection zones

No proposed change.

No Tree Cutting Season

Not governed.

Due to the Endangered Species Act and the Migratory Birds Convention Act, it is proposed that cutting be restricted between April 1 to September 30.

Riparian Area (within 5 m of water’s edge)

Not governed.

Specifically protects this area from alteration and change.

As-of-Right Exemptions:

Patio/Fire Pit Exemptions

Considered as ‘minor landscaping’ and subject to a 10% removal permission.

Difficult to interpret and implement as it is not specific.

Permitted as-of-right for an area of 28 sq m on lots with less than 90 metres of frontage, and 40 square metres on lots with more than 90 metres of frontage. Can be constructed of dry laid natural stone or other permeable materials Concrete or other poured materials are not permitted.

Walkway Exemptions

Considered as ‘minor landscaping’ and subject to a 10% removal permission.

Difficult to interpret and implement as it is not specific.

Permitted as-of-right for a maximum width of 2 metres, and can be dry laid natural stone or other permeable materials. Concrete or other poured materials are not permitted.

Site Alteration and Tree Removal

A maximum of 10% of trees/vegetation can be removed from the area 20 metres from the high-water mark.

Difficult to interpret and implement as it is not specific.

Is not permitted until a building permit or planning approval is given to avoid properties being disturbed for long periods in advance of construction.

Clearing around Existing Buildings

Alterations are permitted within 3 metres of legal buildings, structures, or sewage disposal systems for safety purposes or when grading is required.

Between 20-60 metres, it is permitted within 3 metres of a building/septic.

Between 0-20 metres it is permitted within 1.5 metres of permitted buildings.

Blasting shall be explicitly prohibited within 20 metres of the high-water mark of a Navigable Waterway for any new development

Hazardous trees

Dead and hazardous trees can be removed without a permit.

Dead and hazardous trees can be removed without a permit, but with the condition that an arborist is consulted and written verification is acquired to verify that the removal was necessary. This report must be available upon request. Alternatively, clear photographic evidence is required to prove the hazard.

Driveways and Beaches

Existing can be maintained.

Driveways are permitted provided there is an entrance permit granted per the Township’s entrance by-law.

Existing or naturally occurring beaches can be maintained.

Landscaping beyond 20 m

Not governed

Permitted, provided there is not stormwater runoff or negative impacts, and it is for Landscaping purposes, as defined under the By-law.

Enforcement:

Penalties

- Min $500, max $10,000 (corporation $50,000) on first conviction

- Min $500 and max $25,000 (corporation $100,000) on a subsequent conviction

• Every person who contravenes the provisions of any section of this By-law, is guilty of an offence under the provisions of the Municipal Act, 2001, as amended, and is liable on conviction to a maximum penalty that shall not exceed $100,000 exclusive of costs under the provisions of the Municipal Act, 2001, as amended.

• Set fines and short-form wording (Part I offences) will be proposed in addition to maximum penalties under the Provincial Offences Act (Part III offences).

• The Provincial Offences Act provides for the establishment of set fines which are established by the Chief Justice of the Ontario Court of Justice upon recommendation from the Attorney-General.