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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; 2 - 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 3 - 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. 4 - 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 - 5 - 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 2 - 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; 3 - 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; - 4 - 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. 5 - 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; 6 - 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 7 - 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') - 8 - 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. - 9 - 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 - 10 - 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; 11 - 11.6 Remove the embankment established in accordance with Section 5.2 above and shall regrade the land affected.