HomeMy WebLinkAboutBy-law 807/78THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 807/78
Being a By-Law to authorize the execution
of an Agreement between the Corporation of
the Town of Pickering and ERS Holdings Ltd.
respecting the restoration of the gravel
pit in Part Lot 2, Concession 9, Town of Pickering
THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY
ENACTS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized
to execute an Agreement in the form attached
hereto as Schedule "A" between the Corporation
of the Town of Pickering and ERS Holdings Ltd.
with respect to the restoration of the gravel
pit in Part Lot 2, Concession 9, Town of Pickering.
BY-LAW read a first, second and third time and finally passed
this First day of May 1 1978.
SCHEDULE "A" to By-Law Number 807/78
THIS AGREEMENT MADE THIS ?, eZ DAY OF APRIL, 1978
B E T W E E N:
ERS HOLDINGS LTD. , a company incorporated
under the laws of the Province of Ontario
(hereinafter referred to as "ERS")
OF THE FIRST PART
and
THE CORPORATION OF THE TOWN OF PICKERING,
a Municipality in the Province of Ontario
(hereinafter referred to as "Pickering")
OF THE SECOND PART
WHEREAS ERS owns a sand and gravel property
located on the East-half of Lot 2, Concession 9, Town of
Pickering;
AND WHEREAS ERS has requested Pickering to
consent to the use of its property for wayside pit purposes
for Ontario Ministry of Transportation and Communications
Contract No. 77-133;
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AND WHEREAS Pickering has approved the
ERS request "subject to the applicant entering into an
agreement with The Town of Pickering guaranteeing the
restoration of the pit to the satisfaction of The Town"
NOW THEREFORE it is agreed as follows:
1. ERS agrees to rehabilitate its property as
and when areas of the said property are depleted of economic
quantities of sand and gravel deposits. Such rehabilitation
shall be done in accordance with rehabilitation plans as submitted
to and approved by Pickering as areas of the property become
appropriate for rehabilitation and final grades, contours,
reforestation, seeding and other rehabilitation means are
determined by ERS.
2. ERS agrees to co-operate, furnish information
to and allow Pickering access to its property at reasonable
times and at reasonable hours, in order to inspect and
review planning aspects on the eventual rehabilitation
to be achieved.
3. AT the completion of each and every active
permitted use, open faces of sand and gravel will be left
in a tidy and safe condition 'at the angle of repose, in
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accordance with current required practice of the Ontario
Ministry of Natural Resources.
4. A) ERS agrees to furnish Pickering with a letter
of credit from The Roval Bank of Canada amounting to two (.2t)
cents per ton of sand and gravel extracted under wayside permits
as collateral in the event of its default under paragraph 1 hereof.
B) ERS will provide to Pickering a nominal letter of
credit in the amount of Five Thousand ($5,000.00) Dollars prior
to the extraction of gravel from the property so as to ensure
that the form will be satisfactory.
C) ERS agrees to certify on or before March 31
of each year, the tonnage of sand and gravel extracted for the
preceding calendar year and to furnish the required adjusted
letter of credit on or before March 31 of each year. ERS will
renew such letter of credit at its expense until the rehabilitation
provided for in Paragraph 1 has been carried out. Such letter
of credit will be payable to Pickering at its expiration if
not renewed by ERS as required herein.
5. IN the event that ERS obtains a permanent
licence on its property under The Pits and Quarries Control
Act (Ontario) 1971, or any successor legislation and the
ERS property becomes subject to rehabilitation controls
of The Ontario Ministry of Natural Resources under that
Act, which controls are satisfactory to Pickering, this
Agreement shall be null and void, the obligations of ERS shall
be transferred to the Ministry of Natural Resources and such
letters of credit disposed of at that time.
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6. ERS agrees that extraction of sand and
gravel from the property shall be conducted in
accordance with the provisions of Schedule "A"
annexed hereto and made a part hereof.
7. IN the event of any dispute between ERS
and Pickering arising out of or in any way connected
with this Agreement, or the interpretation hereof,
or the fulfilment of the obligations of the Parties
hereunder, reference shall be made to the local Engineer
or Inspector for the Maple District of the Ontario
Ministry of Natural Resources under The Pits and Quarries
Control Act. In the event that the local Engineer or
Inspector cannot resolve the differences to the
satisfaction of the Parties, the provisions of The
Arbitrations Act of the Province of Ontario shall apply
and this Paragraph shall constitute a submission thereunder.
Arbitrators shall be chosen by each party nominating one
arbitrator with a third arbitrator who will act as Chairman,
being nominated by the first two named.
IN WITNESS WHEREOF the said Parties hereto
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have hereunto set their corporate seal attested by
the hands of its duly authorized officers in that behalf.
ERS HOLDINGS LTD.
PER:
PRESIDENT
j i
c
SECRETARY-TREASURER
THE CORPORATION OF THE TOWN
OF PICKERING
PE R:
MAYOR
SCHEDULE "A" TO AN AGREEMENT
BETWEEN ERS HOLDINGS LTD. AND
THE CORPORATION OF THE TOWN
OF PICKERING
In this Schedule:
1.1 "Holiday" shall mean a holiday as
defined in The Interpretation Act,
R.S.O. 1970, C. 225;
1.2 "Owner and operator" shall include
all persons controlled by the owner
or operator and, for these purposes,
a person may be controlled by share-
holdings, contract, debt or otherwise;
1.3 "Person" shall mean an individual
or individuals, a partnership, a
corporation, a municipality, or other
group or body;
1.4 "Pit" shall mean any depression or cavity
in the natural
other than by
removal of top
both, and from
stone or other
is proposed to
level of the ground made
iatural causes by the
soil or sub-soil, or
which sand, gravel,
similar material is, or
be, removed for direct
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use on a road or for processing
for road construction, road surfacing,
building construction, concrete aggregates,
or similar uses, but shall not include
any depression or cavity made in the
course of building construction or a
farm pond or swimming pool;
1.5 "Quarry" shall have the same definition
as in section 1.4 above;
1.6 "Street or road" shall mean a highway
as defined by The Municipal Act, R.S.O.
1970, C. 284, as amended;
1.7 "Yard" means a space, appurtenant to a
building or structure or excavation
located on the same lot as the building
or structure or excavation and which
space is open, uncovered and unoccupied
from the ground to the sky except for
such accessory buildings, structures or
uses as are specifically permitted else-
where in this by-law;
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1.8 "Yard, front" means a yard extending
across the full width of the lot
between the front lot line of the
lot and the nearest part of any
building or structure or excavation
on the lot, or the nearest open storage
use on the lot. "Front yard depth"
means the least horizontal dimension
between the front lot line of the lot
and the nearest part of any building
or structure or excavation on the lot,
or the nearest open storage use on the lot;
1.9 "Yard, rear" means a yard extending
across the full width of the lot between
the rear lot line of the lot and the
nearest part of any building or structure
or excavation on the lot, or the nearest
open storage use on the lot. "Rear yard
depth" means the least horizontal dimension
between the rear lot line of the lot and
the nearest part of any building or structure
or excavation on the lot, or the nearest
open storage use on the lot;
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1.10 "Yard, side" means a yard extending
from the front yard to the rear yard
and from the side lot line of the lot
to the nearest part of any building
or structure or excavation on the lot,
or the nearest open storage use on the
lot. "Side yard width" means the least
horizontal dimension between the side lot
line of the lot and the nearest part of
any building or structure or excavation
on the lot, or the nearest open storage
use on the lot;
1.11 "Yard, side, exterior" means a side yard
immediately adjoining a public street;
1.12 "Yard, side, interior" means a side yard
other than an exterior side yard.
2. ERS shall not operate the pit or quarry
or permit the operation of any machinery or equipment used
in connection therewith, other than water pumping equipment,
between the hours of 8:00 o'clock in the evening of any day
and 6:00 o'clock in the morning of the next day or on any
Sunday or holiday.
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3. ERS shall at regular time intervals
cause all roads within the pit or within the quarry to
be treated with oil, calcium chloride, or other dust controlling
substance, except water, as often as is necessary to control
dust.
4. No excavation shall be made in any pit or
quarry so that any part of the edge, rim or floor thereof
is closer to the limit of any public street or highway
or adjoining property line than the front yard, rear yard,
interior side yard, exterior side yard and set-back require-
ments set out as follows:
4.1 Front Yard - the minimum front yard
depth shall be seventy (70') feet;
4.2 Rear Yard - the minimum rear yard
depth shall be seventy (70') feet;
4.3 Interior Side Yard - the minimum interior
side yard width shall be fifty (50') feet;
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4.4 No concrete batching plant,
crushing plant or aggregate screening
operation shall be located within four
hundred and fifty feet (450') of any
street line and two hundred and fifty
feet (250') or any rear lot line.
5. ERS shall:
5.1 Maintain an existing screen of trees,
providing it consists of at least four (4)
rows with six foot (6') centres of a type
which will attain a normal height of at
least thirty-five (35') feet on all lands
of the property of the pit or quarry within
one hundred (100') feet of the limit of any
public street or highway (save and except
on roads within the pit or quarry property)
or within one hundred feet (100') of the
limit of any adjoining property zoned for
Residential, Rural Residential, Commercial
or village purposes; or
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5 .2 Establish an embankment, the top
of which shall be, where it fronts on
any public street or highway not less
than four feet (4') and not more than
thirty feet (30') above the natural
level of this said adjoining public street
or highway, within one hundred (100') feet
of the limit of the said adjoining public
street or highway. The embankment shall be
graded, properly drained and seeded to
perennial grass.
5.3 This Section 5 shall not apply where there
is a substantial differential in the levels
of the lands in which the gravel pit or
quarry is located and the adjoining
lands or where the excavation is more than
five hundred feet (500') from the said public
street or highway.
6. ERS shall erect and maintain on the surface
of the lands around the boundary of the property containing
any pit or quarry a fence of a mininum height of four feet (4')
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sufficient to enclose the pit or quarry except that no
fence shall be required to be erected between abutting
pit or quarry properties. All the entrances or exits shall
have gates which shall be kept closed and locked when the
pit or quarry is not in operation.
7. Test holes shall be fenced immediately
after being dug in the manner set out above until refilled
and regraded to the natural land contour level.
8. A) ERS shall ensure that entrances and exits to
the pit from a public road have a clear vision of such entrance
or exit on the public road for a distance of not less than two
hundred (200') feet where physically possible.
B) ERS shall erect at points on the public road
five hundred (5001) feet from all entrances and exits,
standard "Trucks Turning" signs. Such signs warning the public
of the operation of the pit or quarry shall be not less than
twelve inches (12") by eighteen inches (18") and shall also
be erected at each entrance and exit.
9. All internal combustion engines located and
operated within the pit or quarry shall be properly fitted
with sound muffling equipment equal to manufacturers speci-
fications or better, and all equipment shall be so operated
as to avoid any nuisance due to noise.
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10. ERS shall:
10.1 Store within the boundaries of the
property all top soil removed from the
surface of the land from which the pit or
quarry is made and shall use such top
soil for the grading of the sides and the
floors of the excavation upon completion;
and
10.2 collect all scrap materials and pile same
in one or more specifically designated
scrap piling areas.
11. In the event the pit or quarry has not
been in operation for a minimum of six (6)
days in any period of thirty-six (36)
consecutive months, ERS shall, within two
(2) months of the expiration of such thirty-
six (36) month period:
11.1 Remove from the pit or quarry, and the land
used therewith surrounding the pit or quarry,
or from that portion of the pit or quarry not
being excavated, all above grade structures
and equipment used in such operations, save and
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except fences;
11.2 Grade the floor so that it has a
gradient of less than five (5) foot
vertical in one hundred feet (100')
horizontal greater than the natural
topography and all protruding rocks
or boulders are covered;
11.3 Grade the sides to the angle of repose;
11.4 Replace on the excavated areas which
are subject to erosion soil in sufficient
quantity and depth to raise and maintain
a healthy growth of plants adequate to
bind the soil;
11.5 Where forest cover has been removed to
create the pit or quarry, the owner or
operator shall plant the restored area
with seedling trees at a minimum number
of five hundred (500) trees to each acre;
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11.6 Remove the embankment established in
accordance with Section 5.2 above and
shall regrade the land affected.