Attachment
‘1’
THE CORPORATION OF THE TOWN OF
BY-LAW 2006-
SITE
ALTERATION By-LAW
TO regulate or prohibit
removal of topsoil, placing or dumping of fill, AND alteration of the grade of
land WITHIN THE TOWN OF
WHEREAS Section 142 of
the Municipal Act, 2001, S.O. c. 25, as amended,
authorizes municipal councils to pass
by-laws to regulate or prohibit the removal of topsoil, the placing or dumping
of fill, and the alteration of the grade of land;
AND WHEREAS the Council
of The Corporation of the Town of Markham deems it advisable to exercise this
authority, as well as to provide for the rehabilitation of lands and protect
water bodies and environmental protection areas where the removal of topsoil,
or the placing and dumping of fill or the alteration of grade of the land is
permissible;
NOW THEREFORE the
Council of The Corporation of the Town of
DEFINITIONS
1. For
the purpose of this By-law, the following definitions and interpretations shall
govern:
“Adjacent” means abutting or
contiguous to;
“Agricultural Lands” includes all
lands that are cultivated and/or used for the raising of livestock;
“Agricultural Uses” means,
(a) growing crops, including nursery and
horticultural crops,
(b) raising livestock and other animals, including
poultry and fish, for food and fur,
(c) aquaculture, and
(d) agro-forestry and maple syrup production.
“Applicant” means the owner of the property, where such an
owner is an individual, or means any person, authorized in writing by the owner,
to apply for a permit on the owner’s behalf;
“Area of Natural and Scientific Interest” (earth science) means an area that has been,
(a) identified as having earth science values related to protection,
scientific study or education, and
(b) further identified by the Ministry of Natural Resources as such
using evaluation procedures established by the Ministry, as amended from time
to time;
“Area of Natural and Scientific Interest” (life science) means an area that has been,
(a) identified as having life science values related to protection,
scientific study or education, and
(b) further identified by
the Ministry of Natural Resources as such using evaluation procedures
established by that Ministry, as amended from time to time;
“Authorized Agent” means a person acting on behalf of the owner
as designated on the application;
“Body of Water” includes any body of flowing or standing water
whether naturally or artificially created;
“Clerk” means the Clerk of The Corporation of the Town of
“Council” means the Council of The Corporation of the Town of
“Development” means the construction of buildings and above
or underground services such as roads, parking lots, paved storage areas,
watermains, storm and sanitary sewers, general grading works and similar
facilities on any lands in the Town of Markham;
“Director” means the Director of
“Drainage” means the movement of water to a place of
disposal, whether by way of natural characteristics of the ground surface or by
an artificial method;
“Dumping” means the depositing of fill in a location other than where the fill
was obtained and includes the movement and depositing of fill from one location
on a property to another location on the same property;
“Engineer” means a professional engineer, a consultant or
an engineering firm hired/appointed by the owner;
“Endangered Species” means any native species, as listed in the regulations under the
Endangered Species Act, that is at risk of extinction throughout all or part of
its Ontario range if the limiting factors are not reversed;
“Environmental Protection Areas” as defined in Town of
“Erosion” means the detachment and movement of soil, sediment or rock fragments
by water, wind, ice or gravity;
“Existing Grade” means the elevation of the existing ground
surface of the lands upon which site alteration is proposed and of abutting
ground surface up to three (3) metres wide surrounding such lands, except that
where site alteration has occurred in contravention of this By-law, existing
grade shall mean the ground surface of the lands as it existed prior to site
alteration;
“Fill” means any type of material deposited or placed on lands and includes
soil, stone, concrete, sod or turf either singly or in combination;
“Finished Grade” means the approved elevation of ground surface
of lands upon which fill has been placed or grade of land has been altered
in accordance with this By-law;
“Fish Habitat” means the spawning grounds and nursery, rearing, food supply and
migration areas on which fish depend directly or indirectly in order to carry
out the life processes, as further identified by the Department of Fisheries
and Oceans (Canada);
“Habitat of Endangered, Rare and Threatened Species” means land that,
(a) is
an area where individuals of an endangered species, a rare species or a
threatened species live or have the potential to live and find adequate amounts
of food, water, shelter, and space needed to sustain their population,
including an area where a species concentrates at a vulnerable point in its
annual or life cycle and an area that is important to a migratory or
non-migratory species; and
(b) has been further identified, by the Ministry
of Natural Resources or by any other person, as such according to evaluation
procedures established by the Ministry of Natural Resources, as amended from
time to time;
Hazard Lands” as defined in Town of
“Inspector” means a person
designated by the Director to inspect the site alteration activities at the
construction or development site for compliance with a permit;
“Land Disturbance” means any man-made change of the land surface
including removing vegetative cover, and/or excavating and/or filling and/or
grading;
“Lot” means a parcel of land, described in a deed or other document legally
capable of conveying land, or shown as a block on a registered plan of
subdivision;
“Municipal Law Enforcement Officer” means a person appointed by Council to enforce this By-law;
“Oak Ridges Moraine” means lands subject to Ontario
Regulation 140/02 and subject to the requirements of the Provincial Oak Ridges
Moraine Conservation Plan and Town of Markham Official Plan Amendment No. 117;
“Owner” means the legal registered owner of the
“Permit” means permission or authorization given in writing by the Director to
perform work regulated by this By-law or part thereof;
“Permit Holder” means the owner as defined in this By-law or
the person in possession of the property and includes a lessee, a mortgagee in
possession or a person in charge of the property;
"Person" means an individual, association or corporation and their successors
and assigns;
“Placing” means the distribution of fill on lands to establish a finished grade
higher or lower than the existing grade;
“Planning Act” means the Planning
Act, R.S.O. 1990, c.13, as amended;
“Ponding” means the accumulation of surface water in the area not having drainage
therefrom where the lack of drainage is caused by the placing or dumping of
fill or altering of the grade of land;
“Proposed Grade” means the proposed elevation of ground surface
of land upon which fill is proposed to be placed or altering the grade of land
is proposed;
“Rare Species” means a native species that is not currently
at risk of becoming threatened but, because of its limited distribution, small
population or specialized habitat needs, could be put at risk of becoming
threatened through all or part of its Ontario range by changes in land use or
increases, in certain types of human activity;
"Region" means the Regional Municipality of York;
“Removal” means excavation or extraction of any fill which lowers the existing
grade, and includes soil stripping;
“Retaining Wall” means a concrete or concrete product wall or
other material approved by the Director designed to contain and support fill
which has a finished grade higher than that of adjacent lands;
“Security Deposit” means a certified cheque, cash or a letter of
credit;
“Significant” means identified as significant by the Ministry of
Natural Resources, using evaluation procedures established by that Ministry, as
amended from time to time;
“Site” means the lot or lots altered or proposed to be altered as permitted;
“Site Alteration” means activities such as removal of topsoil from
land, the placement or dumping of fill on land, the alteration of the grade of
land or excavation by any means including the removal of vegetative cover, the
compaction of soil or the creation of impervious surfaces, or any combination
of these activities that would change the landform and natural vegetative
characteristics of land, but does not include,
(a) the construction of facilities for
transportation, infrastructure and utilities uses by a public body; or
(b) the reconstruction, repair or maintenance of a
drain approved under the Drainage Act; or
(c) the carrying out of agricultural uses.
"Site Alteration Plan" means a plan prepared by an
Engineer on behalf of an owner in connection with a site alteration permit
pursuant to this By-law;
“Soil” means any material commonly known as earth, top soil, loam, subsoil, clay,
sand or gravel;
“Soil
Stripping” means removing of soil or topsoil;
“Swale” means a depression in the ground sloping to a place of disposal of
surface water for the purpose of providing a method of drainage;
“Topsoil” means those horizons in a soil profile, commonly known as the “O” and
the “A” horizons, containing organic material and includes deposits of
partially decomposed organic matter such as peat;
“Town” means The Corporation of the Town of
“Threatened Species” means any native species that is at risk of becoming endangered
throughout all or part of its
“Valleyland” means a natural area that occurs in a valley or other landform
depression that has water flowing through or standing for some period of the
year;
“Watercourse” means a natural or man-made channel or swale
in which water flows, either continuously or intermittently with some degree of
regularity;
“Wetland” means
land such as a swamp, marsh, bog or fen (not including land that is being used
for agricultural purposes and no longer exhibits wetland characteristics) that,
(a) is seasonally or permanently covered by
shallow water or has the water-table close to or at the surface;
(b) has hydric soils and vegetation dominated by
hydrophytic or water-tolerant plants; and
(c) has been further identified by the Ministry
of Natural Resources, or by any other person, as such according to evaluation
procedures established by the Ministry of Natural Resources, as amended from
time to time;
“Wildlife
Habitat” means land that,
(a) is an area where plants, animals and other
organisms live or have the potential to live and find adequate amounts of food,
water shelter and space to sustain their population, including an area where a
species concentrates at a vulnerable point in its annual or life cycle and an
area that is important to a migratory or non-migratory species; and
(b) has been further identified, by the Ministry
of Natural Resources, or by any other person, according to evaluation
procedures established by the Ministry of Natural Resources, as amended from
time to time;
“Woodland” means a treed area, woodlot or forested area, other than a cultivated
fruit or nut orchard or a plantation established for the purpose of producing
Christmas trees;
PROHIBITIONS
2.0 No
person shall carry out any activity related to site alteration within the Town,
without first obtaining a permit, unless otherwise exempt, as set forth in this
By-law.
2.1 No
site alteration shall be permitted within any area designated as an
Environmental Protection Areas and
2.2 No
person shall permit, perform or cause to permit or to have performed site
alteration on lands within the Town other than in conformity this By-law and with
the terms and conditions of a permit issued under this By-law.
2.3 No
person shall permit, perform or cause to permit or to have performed site
alteration on lands within the Town that is not permitted by Ontario Regulation
140/02, the Oak Ridges Moraine Conservation Plan as
shown on Schedule F Ontario Regulation 01/02, or any other applicable
law or regulation as may be approved or amended from time to time.
2.4 No
person shall fail to obey an order issued under sections 8.0 and 9.0 of this
By-law.
2.5 Where a person has carried
out site alteration contrary to this By-law, that person, the owner and the
permit holder shall each be jointly and severally responsible for the restoration
of the land to the pre-existing grades or to the satisfaction of the Director.
2.6 No
person shall carry out site alteration for storage purposes, unless the storage
of such fill on the land is permitted by this By-law and the applicable zoning
by-laws of the Town.
2.7 Subject
to section 3.0, no person shall carry out site alteration unless:
2.7.1 it is done at the request of or with the consent of the owner of
lands where the fill is to be placed, dumped or removed;
2.7.2 all fill to be dumped or placed is clean and free of trash,
rubbish, glass, liquid or toxic chemicals, hazardous waste or garbage
materials;
2.7.3 the drainage system for the lands is provided in accordance with this By-law and all other applicable Town by-laws
and the Director is satisfied that provision has been made for surface and storm
water drainage where such drainage is not provided by natural gradients or a
swale;
2.7.4 the fill is placed or dumped or removed in such a manner, or the
retaining wall containing such fill is erected in such a manner, that no
ponding or alteration of existing flow is caused on abutting lands; and
2.7.5 erosion and sediment control requirements are met as required by this
By-law.
2.8 No person shall carry out any site alteration on any lands
adjacent to or within 30 metres of wetlands, fish habitat, significant valleylands,
significant woodlands, significant wildlife habitat, habitats of rare and endangered
species, areas of natural or scientific interest and permanent or intermittent
streams without having been issued a permit under this By-law by the Director.
2.9 Subject
to section 3.10, no person shall carry out any site alteration on “Agricultural
Lands” to an average depth greater than 300 mm.
Filling a hole, excavation, or depression of depth greater than 300 mm
may be permitted at the discretion of the Director. No site alteration permit will be issued on
agricultural lands unless the owner provides a certificate, signed by a professional
engineer/soil scientist, confirming that the site alteration will result in maintaining
or improving the overall fertility of the agricultural lands.
2.10 No permit shall be issued if the proposed site alteration will
result in:
2.10.1 soil
erosion;
2.10.2 blockage
of a storm drainage system;
2.10.3 blockage
of a natural drainage system or watercourse;
2.10.4 siltation or pollution in a watercourse;
2.10.5 flooding or ponding caused by a watercourse overflowing its banks;
2.10.6 an unacceptable level of nuisance in the Town;
2.10.7 unreasonable hindrance of the orderly development of lands within the Town;
2.10.8 flooding or ponding on a neighbouring property or adverse effect on the amenities adjacent to the lot to which the permit relates;
2.10.9 a detrimental effect on any environmental protection areas or areas of natural or scientific interest, wetland or wetland complex as identified by the Toronto Region Conservation Authority, the Ministry of Natural Resources, the Region or the Town;
2.10.10 a contravention of Ontario Regulation 140/02, the Oak Ridges Moraine Conservation Plan, Town of Markham Official Plan Amendment No. 117 or any other applicable law or regulation; or
2.10.11 any adverse effect to archeological or historically significant
features.
EXEMPTIONS AND EXCEPTIONS
3.0 This
By-law does not apply to:
3.1 Lands
less than one (1.0) acre (0.405 ha) in size shall be exempted from the
requirement of permit unless such land is adjacent to a body of water, environmental
protection areas or hazard lands and does not in any way effect the land
drainage of the abutting properties;
3.2 Where no more than
300 mm of fill in depth is placed on lands for the purpose of lawn dressing, landscaping,
adding to flower beds or vegetable gardens, provided that:
3.2.1
the
elevation of the land within 600 mm of any property line is not changed;
3.2.2
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; and
3.2.3
there is
control of any sediment runoff.
3.3 Activities or matters undertaken by the Town or the Region;
3.4 The site alteration
requirements imposed after December 31, 2002 as a condition to the approval of
a site plan, a plan of subdivision or a consent under sections 41, 51 or 53
respectively, of the
3.5 The site alteration
requirements imposed after December 31, 2002 as a condition to a development
permit authorized by regulation made under section 70.2 of the
3.6 The site alteration requirements undertaken by a transmitter or distributor, as those terms defined in section 2 of the Electricity Act, 1998, for the purpose of constructing and maintaining a transmission system or a distribution system;
3.7 The site alteration
requirements undertaken on lands as 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;
3.8 The site alteration
requirements undertaken on lands in order to lawfully establish and operate or
enlarge any pit or quarry on land:
3.8.1 that has
not been designated under the Aggregate Resources Act or a predecessor
of that Act; and
3.8.2 on which
a pit or quarry is a permitted land use under a by-law passed under section 34
of the
3.9 The site alteration undertaken
as an incidental part of drain construction under the Drainage Act, Tile
Drainage Act or the Municipal
Act, 2001;
3.10 The removal of the
topsoil as an incidental part of a normal agricultural practice including such
removal as an incidental part of sod-farming, greenhouse operations and
nurseries for horticultural products.
This exception does not include the removal of topsoil for sale,
exchange or other disposition;
3.11 If a regulation is made under section 28 of the Conservation Authorities Act respecting the site alteration in any area of the Town, the site alteration in the area affected by such regulation;
3.12 The removal or
addition of topsoil where the quantity of topsoil removed or added in any one
lot does not exceed five (5) cubic metres;
3.13 Land where a building
permit has been issued by the Town for the erection of a building or structure,
and the site plan accompanying the building permit application provides
sufficient information to determine that site alteration confirms with the provisions
of this By-law; or
3.14 Fill
that is placed or dumped in an excavation to the elevation of existing grade
following the demolition or removal of a building or structure.
REQUIREMENTS FOR ISSUANCE OF A PERMIT
4.0 All permit applications must be completed in full, and all required supporting documentation provided, prior to the issuance of a permit.
4.1 To obtain a permit pursuant to this By-law, an applicant shall provide the following information:
4.1.1 a completed application for Site Alteration Permit, duly signed by the applicant, in the form (Schedule "E”) prescribed by the Director from time to time;
4.1.2 the application
permit fees as established by the Director, from time to time and as outlined in
the Town’s Fee Bylaw 2002-276, as amended;
4.1.3 securities as per Schedule "A" to this By-law;
4.1.4 proof of
liability insurance with a minimum coverage amount of $ 5,000,000;
4.1.5 a Site Alteration Plan, certified by a professional engineer, meeting the standards set out in Schedule “B” to this By-law and containing the site design guidelines as set out in Schedule “C” to this By-law;
4.1.6 confirmation that the applicant complies or will comply with the Permit Conditions as specified in Schedule "D" to this By-law or as amended from time to time to the satisfaction of the Director;
4.1.7 a report describing the Site Alteration Plan showing features and special site conditions, including erosion and sediment control measures and their design details as per Schedule “B” to this By-law;
4.1.8 confirmation that the appropriate archaeological assessments on lands deemed to have moderate to high potentials for the discovery of archaeological resources have been completed to the satisfaction of the Ministry of Culture;
4.1.9 if located on the Oak Ridges Moraine as shown on Schedule F, confirmation that the site alteration is in compliance with Ontario Regulation 140/02, the Oak Ridges Moraine Conservation Plan, and the Town of Markham Official Plan Amendment No. 117;
4.1.10 for site alteration on agricultural lands, a
soil fertility report, signed by a professional engineer/soil scientist,
confirming that the site alteration will not result in a reduction in the
overall soil fertility; and
4.1.11 any
additional information as required, in writing, by the Director.
Expiry, Renewal, Transfer,
Revocation AND Refusal of Permits
5.0 Permits issued pursuant to this By-law shall be valid for a period of 180 days from the date of issuance. Should land disturbance activities continue past, or rehabilitation measures are not completed within 180 days, the Director may extend the period one or more times for an additional 180 days each time. The Director may require additional control measures and inspection fees, as a condition of the extension.
5.1
Notwithstanding section 5.0,
permits issued under this By-law shall expire ninety (90) days after the date
of issuance of permit if no work is commenced under the permit.
5.2
A permit which is no longer
valid or which has expired pursuant to this By-law, must be renewed upon making
a written application to the Director accompanied by payment of the original
permit fees, failing which the Town shall remedy any deficiencies pursuant to
the provisions of this By-law.
5.3
If the title of the lands for
which a permit has been issued is transferred while the permit remains in
effect, the permit shall be cancelled unless the new owner of the lands, within
thirty (30) days of the transfer, forthwith advises the Director of such
transfer and either:
5.3.1 provides the
Town with an undertaking to comply with all the conditions under which the
existing permit was issued and also provide a letter of credit and/or a security
deposit in accordance with the requirements of Schedule “A” to this By-law; or
5.3.2 applies
for and obtains a new permit in accordance with the provisions of this By-law.
5.4
Where a permit is issued based
on mistaken, false or misleading information, the Director shall revoke the
permit, and the owner and the permit holder shall ensure that all work that was
the subject of revoked permit ceases.
5.5
A permit may be revoked by the
Director under any of the following circumstances:
5.5.1 it was
issued in error;
5.5.2 the owner
or permit holder requests, in writing, that it be revoked;
5.5.3 the terms
of an agreement under this By-law have not been complied with;
5.5.4 work
authorized under the permit has not been commenced prior to its expiry date; or
5.5.5 the owner fails to comply with subsection 5.3 of this By-law.
5.6 If a permit has
expired, been cancelled or revoked after the work has commenced and prior to
the completion of the site alteration, the owner shall forthwith restore the
site to its original condition or stabilize the site to the satisfaction of the
Director in a manner that will prevent adverse impacts on abutting properties
and the environment.
5.7 Where the Director
refuses to issue a permit, the applicant shall be informed in writing of the
refusal.
APPEALS
6.0 An applicant shall
have the right to appeal to the Ontario Municipal Board as provided for in
section 143 of the Municipal Act, 2001,
S.O. 2001, c.25, as amended.
ADMINISTRATION AND ENFORCEMENT
7.0 The Director may delegate any of his/her duties under this By-law to an inspector or municipal law enforcement officer.
7.1 Inspectors and municipal law enforcement officers, upon producing the appropriate identification, may enter and inspect any lands to determine whether the provisions of this By-law, an order issued under this By-law or a condition of the permit issued under this By-law have been complied with.
7.2 No person shall
obstruct an inspector or municipal law enforcement officer who is carrying out
an inspection pursuant to this By-law. Any
person who so obstructs an inspector or a municipal law enforcement officer is
guilty of an offence.
ORDER TO DISCONTINUE ACTIVITY
8.0 If a municipal law enforcement officer has reasonable and probable grounds to believe that a contravention of this By-law has occurred, the municipal law enforcement officer may make an order requiring the owner of the land and person who caused or permitted to be caused the site alteration to discontinue the activity.
8.1 An order issued under section 8.0 shall set out:
8.1.1 the reasonable particulars of the contravention;
8.1.2 what the
owner must do to rectify the contravention;
8.1.3 the date and
time by which the order must be complied with;
8.1.4 a statement that if the work is not done in compliance with the order within the specified time period, the Town may have the work done at the expense of the owner;
8.1.5 information
regarding the Town’s contact person; and
8.1.6 the name
of the owner, the municipal address and the legal description of the land that
is the subject of the contravention.
WORK ORDER
9.0 If
a municipal law enforcement officer is satisfied that a contravention of this
By-law has occurred, the officer may make an order requiring the work to be
done to correct the contravention.
9.1 An
order issued under section 9.0 shall set out:
9.1.1 the reasonable particulars of the contravention;
9.1.2 what the owner must do to rectify the contravention;
9.1.3 the date and time by which the order must be complied with;
9.1.4 a statement that if the work is not done in compliance with the
order within the specified time period, the Town may have the work done at the
expense of the owner;
9.1.5 information regarding the Town's contact person; and
9.1.6 the name of the owner, the municipal address and the legal
description of the land that is the subject of the contravention.
SERVICE
OF ORDERS
10.0 Orders issued by a Municipal law enforcement officer under subsections 8.0 and 9.0 shall be served personally or by prepaid registered mail to the last known address of the owner and any other person to be served.
10.1 If the Town is unable
to effect service on the owner under section 10.0, a placard containing the terms
of the order may be placed in a conspicuous place on the land and the placing
of the placard shall be deemed to be sufficient service of the order on the
owner.
Work Done by the
Town
11.0 If the work required by an order under subsections 8.0 and 9.0 of this By-law is not done within the specified period, the Town, in addition to all other remedies it may have, may do the work at the owner’s expense and may enter upon the land, at any reasonable time, for this purpose.
OFFENCE AND PENALTY
12.0 Every person who contravenes this By-law is guilty of an offence.
12.1 On conviction, a
person may be liable:
12.1.1 on a first
conviction, to a fine of not more than $10,000.00; and
12.1.2 on any
subsequent conviction(s), to a fine of not more than $25,000.00 each subsequent
conviction(s).
12.2 Despite section 12.1
of this By-law, where the person convicted is a corporation, the maximum fines
are $50,000.00 for a first conviction and $100,000.00 for any subsequent
conviction(s).
SEVERABILITY
13.0 If a court or a
tribunal of competent jurisdiction declares any provision or part of a
provision of this By-law to be illegal or unenforceable for any reason
whatsoever, then that particular provision or provisions or part of the
provision shall be severed and remainder of this By-law shall continue to remain
in full force and shall be valid and enforceable to the fullest extent
permitted by the law.
APPLICATION OF OTHER LAWS AND APROVALS
14.0 The issuance of a
permit by the Director does not relieve the applicant of the
responsibilities of obtaining all other approvals which may be required by the Town
or by any level of government and agencies thereof or from the compliance with
any other by-law, legislation or regulation.
SCHEDULES
15.0 The following Schedules
attached to this By-law form and are part of this By-law:
15.1 Schedule "A" Security Deposit;
15.2 Schedule "B" Standards for Site Alteration Plan;
15.3 Schedule "C" Site Design Guidelines;
15.4 Schedule "D" Permit Conditions;
15.5 Schedule "E" Application for Site Alteration Permit; and
15.6 Schedule “F” Oak Ridges Moraine Boundary.
SHORT NAME
16.0 This By-law shall be
referred to as the “Site
Alteration By-law”.
REPEAL
17.0 By-law 215-91, as amended, and By-law 2001-53, as amended, are
hereby repealed.
EFFECT
18.0 This By-law shall take effect and come into force upon its
passing.
SCHEDULE
“A”
Security Deposit
Security
Deposit
1. Letter
of Credit/Security Deposit:
An irrevocable Letter of Credit/Security Deposit in favour of the Town
to cover 110% of the estimated cost of erosion and sediment control measures or
site control measures is required. The
Town will also require a Security Deposit of $ 5,000.00 for damages to roads
such as mud tracking and dust control. The
Letter of Credit/Security Deposit shall be in a form acceptable to the Town
Treasurer.
1.1 The Letter
of Credit/Security Deposit must remain in effect for the full duration of the
permit. Any Letter of Credit/Security Deposit
and its subsequent renewal forms shall contain a clause stating that thirty
(30) days written notice must be given to the Town prior to its expiry or
cancellation;
1.2 In the
event that the Town receives notice that a Letter of Credit/Security Deposit is
expiring and will not be renewed, or, if further or additional securities are
not provided within the said thirty (30) days, the Town may draw on the current
Letter of Credit at the discretion of the Director/Town Council. The permit holder agrees that any interest
accruing on the realized security shall belong to the Town and not the permit
holder.
2. It is the responsibility of the permit holder:
2.1 To
provide a proof satisfactory to the Director that the lot has been adequately
reinstated and stabilized in accordance with the requirements of this By-law
and the Site Alteration Plan accompanying the permit which may be required to
be certified by a professional engineer as per discretion of the Director; and
2.2 To
request that the Town carry out a final inspection to confirm that all relevant
terms of this By-law have been complied with.
3. When the provisions of Section 2 of this Schedule have been fully complied with to the satisfaction of the Director, the Director shall release the applicant’s letter of credit/security deposit or the remaining amount of any reduced Letter of credit/security deposit.
4. The permit shall be made available to the
applicant within forty (40) working days if all the required information is
presented to the Town for their review.
SCHEDULE “B”
Standards for
Site Alteration Plan
Two (2) certified copies of the Site Alteration Plan are required. All plans are to be in metric units and
printed from the original drawings with all information provided legible and
clearly. All plans are to be folded to
8.5” ´ 11.0”
size with the title blocks visible. All
elevations shall be tied to the existing Town benchmarks and be related to
geodetic datum.
1. Site Alteration Plan
The Site Alteration Plan shall be at a scale of 1:500 (or 1:1000 if
accepted by the Director) and shall include
the following information:
1.1 A key map showing the location of the lot, site boundaries and
number of hectares of the lot, including the nearest major intersection and
north arrow;
1.2 The use of the land and the location and use of the building and
other structures adjacent to the lot;
1.3 The location, dimensions and use of the buildings and other
structures existing or proposed to be erected on the lot;
1.4 Identification of driveways on each lot and all basements and
right-of-way over, under, across or through each lot;
1.5 The location of lakes, streams, wetlands, channels, ditches,
other water courses, other water bodies and environmental protection areas on
and within thirty (30) metres beyond the site boundary;
1.6 The Regional storm flood line and the Conservation Authority
fill regulation lines;
1.7 The identification and location of predominant soil types;
1.8 The location and type of existing vegetative cover, including
the species and size of all trees and shrubs;
1.9 The location and dimensions of any existing and proposed storm
water drainage systems and natural drainage patterns on and within thirty (30)
metres beyond the lot boundary;
1.10 The location of any easements on the property;
1.11 The location and dimensions of utilities, structures, roads,
highways and paving on the lot within thirty (30) metres beyond the lot
boundary;
1.12 The existing site topography at a contour interval not to exceed
one half of one metre determined in accordance with the Canadian Geodetic Datum
and to extend a minimum of thirty (30) metres beyond the lot boundary with spot
elevations along the property line at 0.5 - 1.0 metre intervals to clearly
show the existing drainage patterns on the land and the abutting lands;
1.13 The proposed final grade elevations of the lot;
1.14 The location and dimensions of all proposed land disturbing
activities;
1.15 The location and dimensions of all proposed temporary stockpiles
for soil and other materials;
1.16 The location and dimensions of all proposed access routes from
highways;
1.17 The location and dimensions of all proposed staging areas for
equipment;
1.18 The location, dimensions, design details and design calculations
of all construction site control measures, including plan and profile drawings
of ESC and SWM ponds, necessary to meet the requirements of this By-law. As required in this By-law for the lots / sites
with more than five (5) ha disturbed at a time, or in staggered manner, all of
which are served by a common discharge location, a Sediment Control Pond, or
equivalent control measures (e.g., storm water management (“SWM”) facility, if
applicable) must be provided. The design
criteria for the Sediment Control Pond is provided in Schedule “C” to this
By-law;
1.19 If the ultimate SWM facility cannot be used as the Sediment
Control Pond for the entire lot during construction period or land disturbance
period, a temporary sediment control pond shall be constructed with the design
criteria as described in Schedule “C” to this By-law;
1.20 Provisions for the maintenance of the construction site control
measures during construction including a mud tracking prevention program which
describes the procedure for mud tracking prevention and road clean up and
designating a contact person for such a program throughout each land disturbing
and land developing activity;
1.21 An indication on the drawing of directions of overland flow and
overland flow routes;
1.22 A schedule of the anticipated starting and completion dates of
each land disturbing or land developing activity including the installation of
construction site control measures needed to meet the requirements of this
By-law;
1.23 For the placing or dumping of fill, the Fill Plan must include the
material of the fill that will be introduced to the native soil;
1.24 Measures that will control the erosion of any fill placement. Retaining walls are required if the finished
grade of the lands at the property line is higher than that of the existing
grade of the abutting lands. The details
of the retaining wall including dimensions, duly signed by the structural
engineer, must be provided in the Fill Plan;
1.25 Details of site rehabilitation including the type and location of
all interim and permanent stabilization measures;
1.26 A certificate on the drawing, executed by a Registered
Professional Engineer, or a Registered Ontario Land Surveyor, in the following
form:
“I
have reviewed the plans for the construction of _________________________
located at __________________________ and have prepared this plan
to indicate the compatibility of the proposal to existing adjacent properties
and municipal services. It is my belief
that adherence to the proposed grades as shown will produce adequate surface
drainage and proper facility of the municipality services without any
detrimental effect to the existing drainage patterns or adjacent
properties.”
1.27 And such other information with respect to the site as may be
required by the Director.
2. Design Report:
The Design Report shall include the following information:
2.1 Project description including the nature and purpose of land
disturbing activity, the legal description of the property, and a reference to
adjacent properties and landmarks;
2.2 Condition of existing site including land use, site topography,
soils, vegetation, drainage system, and receiving waters;
2.3 Description of areas within the development site that have
potential for serious erosion or sediment problems;
2.4 Description of the features in the drawing as per section 1 of this
Schedule;
2.5 A delineation and brief description of the measures to be
undertaken to prevent erosion and to retain sediment on the site, including,
but not limited to, the designs and specifications for swales, dikes, drains,
sediment control ponds, and a schedule for their maintenance and upkeep;
2.6 A delineation and brief description of the vegetative measures
to be used, including, but not limited to, mulches, types of seeds and
fertilizers and their application rates, the type, location and extent of
pre-existing and undisturbed vegetation types and a schedule for maintenance
and upkeep;
2.7 Description of new Erosion and Sediment Control techniques and measures
provided such techniques are proven to be as or more effective than the
equivalent Erosion and Sediment Controls;
2.8 Record keeping procedure including sample inspection and
maintenance forms. Maintenance record-keeping procedure including
name of the person who will keep the inspection and maintenance record;
2.9 An estimate of the cost of implementing and maintaining all
interim Erosion and Sediment Control measures as per standards acceptable to
the Town; and
2.10 The report must be stamped, dated and signed by a Professional
Engineer.
SCHEDULE “C”
Site Design Guidelines
1.0 Every Site Alteration shall be performed in
accordance with the following objectives:
· prevention or limiting
of off-site impacts of soil erosion and sedimentation; and
· compliance
with federal, provincial, TRCA, Region of York and Town standards.
2.0 The site control measures outlined in these
guidelines shall be deemed to be a condition of every permit unless waived in
writing by the Director.
3.0 Site Dewatering
3.1 Dewatering
operations may be conducted provided that water is not permitted to discharge
directly into the receiving bodies of water or streams; and
3.2 Water
pumped from the lot shall be treated by structural devices such as sediment
control pond, temporary sedimentation pond, grit chambers, sand filters,
up-flow chambers, swirl concentrators or other appropriate controls. If water is demonstrated to have no particles
greater than forty (40) microns in size, then dewatering operations may be
conducted provided water is not permitted to discharge directly into the
receiving bodies of water or streams.
4.0 Drain
Inlet Protection
All rear lot
storm drain inlets shall be protected with filter fabric or equivalent barriers
so as not to admit sediment-laden runoff from the disturbed areas and the
control measures must meet the standards and specifications accepted by the
Director.
5.0 Site Erosion and Sediment Control Practices
The
Site Alteration Plan should consider the following types of controls:
5.1 Stabilization practices for soil erosion and sediment control are commonly of three types:
5.1.1 vegetative stabilization practices such as temporary seeding, sod stabilization, permanent seeding and plantation, maintenance of buffer zone, and preservation of natural vegetation;
5.1.2 non-vegetative stabilization practices such as mulching, geo-textiles, soil-retaining measures and stream bank stabilization; and
5.1.3 in-stream
stabilization practices such as temporary stream crossings, cofferdams, dry
flumes, sediment curtains, by-passes or full diversions, and dewatering.
5.2 Runoff
velocity dissipation measures, which slow down the runoff flowing across the
site by using measures such as check dams and surface roughening, and gradient
terraces;
5.3 Stormwater
runoff controls, which prevent runoff from flowing across disturbing areas by
using measures such as earth dikes, drainage swales, and drains;
5.4 Structural
practices such as temporary Sediment Control Pond or ultimate SWM ponds, which
hold stormwater runoff in a controlled fashion and remove sediments in the
storage device; and
5.5 In the event that a Sediment Control Pond cannot be constructed to service the entire site (i.e., capture all runoff from the site), the reasons must be documented and alternative control measures must be implemented. Other sediment control measures, which remove sediments from on-site runoff before it leaves site, include silt fences, sediment traps, storm drain inlet protection, filter fabrics, and straw bale barriers.
6.0 Sediment Control Pond
6.1 As required in this By-law, for the lots with more than five (5) ha disturbed at a time, or in a staggered manner, all of which are served by a common discharge location, a Sediment Control Pond, or equivalent control measures (e.g., ultimate SWM facility, if applicable) must be provided.
6.2 Sediment
Control Pond Design Criteria should be as follows:
6.2.1 the
Sediment Control Pond shall be constructed prior to topsoil stripping or fill
placement;
6.2.2 the Sediment Control Pond and
conveyance channels should be located in such a way that the runoff will be
captured and conveyed from the entire disturbed area to the pond;
6.2.3 the Sediment Control Pond volume should
consist of both permanent pool and active storage component. The permanent pool component should be sized
for a minimum 125 m3/ha or the volume required equivalent to an
‘Enhanced Protection’ water quality control under the latest MOE SWM
6.2.4 the basin to width ratio should be three (3) or greater but less than six (6) (ideally 4:1). Interior sides slopes should be 3:1 at a maximum and exterior slopes should be a maximum 2:1. Basin depth should be a minimum of 1.0 metres to avoid re-suspension of previously settled out sediment and less than 2.5 metres;
6.2.5 other storm water management control functions required for the site shall be implemented by the owner as required in other permit approvals (e.g., flood and erosion controls);
6.2.6 to maintain sufficient permanent pool volume during the land disturbance period, Site Alteration Plan should provide the maintenance schedule. The Sediment Control Pond should be cleaned once the designed permanent pool volume has been reduced by 50%. To verify sediment accumulation, the Sediment Control Pond should be measured at least once per year since the start of land disturbance; and
6.2.7 a qualified inspector or inspection team should be assigned by the owner of the property to oversee ESC practices on the site and perform the necessary assessments through the duration of the construction and stabilization period. Records of all monitoring, inspections, and repair works should be documented to effectively identify and track areas of susceptibility and plan for future maintenance works, as well as, to share or report this information to other site personnel. The inspection forms/reports should be posted and presented for any agency staff visiting the site as evidence that due diligence was afforded to the implementation and maintenance of the approved erosion and sediment control plan.
7.0 Land Disturbing Activities that Result in Runoff
Leaving the
7.1 All the
activities on the lot shall be conducted in a phased manner to minimize the
area of bare soil exposed at any one time.
7.2 Concentrated
runoff from adjacent areas passing through the site shall be diverted around
disturbed areas, if practical. Otherwise,
the channel shall be protected by cut-off swales and/or silt fences being
placed along channel edges to avoid sediment from disturbed areas reaching the
channel.
7.3 Any
topsoil or dirt storage piles containing more than one hundred cubic metres
(100 m3) of material shall not be located less than ten (10) metres
from or up the slope from a roadway or channel. If remaining for more
than thirty (30) days, said soil or dirt storage piles shall be stabilized by
mulching, vegetative cover, traps or other means. Erosion from topsoil or dirt storage piles
which will be in existence for less than thirty (30) days should be controlled
by sediment control fence (i.e., filter fence) barriers around the pile.
7.4 Runoff
from the entire disturbed area on the site shall be controlled as follows:
7.4.1 all
disturbed ground that has been stripped of topsoil shall be stabilized by
seeding, sodding, mulching or covering, or other control measure. The period of time of inactivity shall be at
the discretion of the Director but shall not exceed thirty (30) days or such
longer period as deemed advisable at the discretion of the Director;
7.4.2 notwithstanding
the above paragraph, a permit holder or applicant for a permit who has also
applied for but not yet received a building permit or any other necessary
permit may be granted an extension to the permitted period of inactivity, at
the discretion of the Director, provided that the said applicant or permit
holder provides satisfactory proof that he/she has made his/her best efforts to
have said building or other necessary permit issued. Fees for the
extension will be deferred for the period of inactivity if the site is secured
in a manner satisfactory to the Town;
7.4.3 for lots
less than five (5) hectares disturbed at one time, sediment control fences and
cut-off swales/channels or equivalent control measures shall be placed along
all down-slope boundaries of the site;
7.4.4 for lots
adjacent to the existing residential areas, a fence and a cut-off swale/channel
may be required around the entire perimeter of the site to prevent drainage
onto private lands. A three (3) metres
wide buffer strip and/or sediment control fence shall be provided along the
perimeter of the down-slope boundaries of the site;
7.4.5 the
sediment control guidelines prepared by the TRCA and Ministry of Natural
Resources for the Province of Ontario, or municipality standards are to be
followed; and
7.4.6 for lots
with extensive fill requirements, the Director may waive the requirements for
stabilization of disturbed land after thirty (30) days of inactivity provided
that the sediment control measures have been implemented to the satisfaction of
the Director.
7.5 All
waste and unused building materials (including garbage, cleaning wastes,
wastewater, toxic materials or hazardous materials) shall be properly disposed
and not allowed to be mixed with and carried by runoff from the site into a
receiving watercourse or storm sewer system.
7.6 Precautions
shall be taken to ensure that mud will not be tracked offsite by any vehicle
exiting the site.
7.7 Rehabilitation
shall take the form of:
7.7.1 levelling and regarding of the affected
lands, the planting of trees or other landscaping; and
7.7.2 the replacement of topsoil to a minimum
depth of ten (10) cm and the stabilization by either sodding, hydro-seeding,
mulching or such other methods as approved by the Director.
8.0 All
topsoil stockpiled, prior to the passing of this By-law shall, be subject to
the provisions of this By-law.
SCHEDULE
“D”
Permit Conditions
All permit holders under this By-law shall:
1.1 Notify
the Director within 48 hours of commencing any land disturbing activity;
1.2 Notify
all residents, within 500 metres radius of site, three (3) weeks before the
commencement of the work;
1.3 Notify
the Director of the completion of any control measures, as soon as possible,
after their installation;
1.4 Obtain
permission in writing from the Director prior to modifying the Site Alteration
Plan;
1.5 Install
all site control measures, as identified in the approved control plan, prior to
soil stripping;
1.6 Maintain
all road drainage systems, stormwater drainage systems, control measures and
other facilities identified in the Site Alteration Plan;
1.7 Repair
any sedimentation or erosion damage to adjoining surfaces and watercourses
resulting from land developing or disturbing activities;
1.8 Inspect
the construction control measures at least once per week and after each
rainfall which is deemed severe enough to cause erosion and sediment drainage
to adjoining properties and complete repairs within 48 hours to the satisfaction
of the Director;
1.9 Allow
employees of the Town or any equivalent, and/or any person in the company of
the aforementioned persons acting in the interest of the Town, to enter the
site for the purpose of inspecting for compliance with the control plan or for
performing any work necessary to bring the site into compliance with the
control plan;
1.10 Maintain
a copy of Site Alteration Plan and the Permit on the site, as well as, a record
of inspections;
1.11 Be
responsible for the activities of his agents, servants, employees, contractors
and subcontractors who may create a situation of non-compliance of the permit;
1.12 Construct
additional control measures, not identified in the Erosion and Sediment Control
Report, as deemed necessary by the Director to ensure no erosion and sediment
damage to the adjoining properties;
1.13 Not
remove trees or other vegetation designated as environmentally significant
unless permission is obtained from the Town; and
1.14 Restore ultimate
SWM facility used as Erosion and Sediment Control Ponds during the
construction/land disturbance period to the design condition prior to
assumption by the Town (with as-built bottom survey).
The Town may:
2.1 Inspect
the site periodically to ensure compliance with the By-law, particularly the Site Alteration Plan, submitted
as a part of the permit;
2.2 Upon the
failure by the permit holder to complete all or part of the works in the time
stipulated in the Site Alteration Plan, draw the appropriate amount from the
securities deposited and use the funds to arrange for the completion of the
said works, or any part thereof;
2.3 Upon
failure by the permit holder to install, repair or maintain a specific part of
the works as requested by the Town, and in the time requested, authorize the
use of all or part of the securities to pay the cost of any part of the works
it may in its or their absolute discretion deem necessary at any time; or
2.4 In the
case of emergency repairs or clean-up, undertake the necessary works at the
expense of the permit holder and reimburse itself out of securities posted by
the applicant; and
2.5 Inform
the applicant, where necessary, that additional information is required to
ensure that erosion and sediment damage does not occur to adjoining property
from the activities on the lot.
SCHEDULE “E”
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APPLICATION
FOR SITE ALTERATION PERMIT
Pursuant
to the Town of
Please
complete all applicable sections of the application form. An incomplete
application will be returned to the applicant.
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OWNER / APPLICANT INFORMATION |
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PROPERTY OWNER: (check one) |
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Registered Land Owner: |
Surname: |
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Name (if Company) |
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Company Officer: |
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Address: |
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Contact Nos. |
Tel. Cell |
Fax |
Email |
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Application Contact Person: |
Surname: |
First
Name: |
Position: |
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Contact Person’s Address: |
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Contact Nos. |
Tel. |
Fax |
Email |
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PROPERTY
INFORMATION |
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Address: |
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Registered Plan No: |
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Roll Number: |
Conc. & Lot Number: |
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Site Area: |
19TM Number: |
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DESCRIBE PROPOSED WORK BRIEFLY |
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CONSULTANT INFORMATION |
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Company Name |
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Contact Person: |
Surname: |
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Address: |
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Contact Nos. |
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Fax |
Email |
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Legal Name for Use with Agreements: |
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Designate to Which All Correspondence
Will be Sent: |
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CONTRACTOR INFORMATION |
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Company Name |
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Contact Person: |
Surname: |
First
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Address: |
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Contact Nos. |
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Fax. |
Email. |
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Legal Name for Use with Agreements: |
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Designate for all Correspondences: |
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REQUIREMENTS |
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Proposed Start Date: |
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Proposed Completion Date: |
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Required & Included |
Not Required |
Notes of Explanation |
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Application Permit Fees (as
per latest Fee By-law) |
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Letter of Credit (as
per Schedule “A”) |
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Proof of Liability Insurance (minimum.
$ 5,000,000) |
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Site Alteration Plan (2 copies) (as
per Schedule “B’ and “C”) |
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Site Alteration Report (as
per Schedule “B) |
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Document regarding Archaeological Studies |
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Authority Letter for Inspection |
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Soil Fertility Report (If
Agricultural Lands) |
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Oak Ridges Moraine (if
applicable, Schedule F) |
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OWNER’S AUTHORIZATION (If an Agent is used) |
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The
owner must complete this section. For
more than one owner, a separate authorization from for each individual or corporation
is required. Attach an additional page
or pages in the same format as this authorization, if necessary. |
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I, being
the registered owner of the subject lands, hereby authorize (print agent’s
name)
, to submit the above application to the
Town of |
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Signature: |
Date: |
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Name of Signatory: |
Title: |
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APPLICANT’S CERTIFICATION THE APPLICANT certifies to have read the Site Alteration By-law
and Schedules and agrees to abide by all the conditions therein. |
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I, hereby make
the above application for Site Alteration, declaring that all information
contained herein is true and correct, and acknowledging the Town of |
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Signature: |
Title: |
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Printed Name of Signatory: |
Date: |
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FOR OFFICE USE ONLY |
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Completed Application Received on: |
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Date Application Approved for Receipt: |
Approved By: |
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Site Alteration Permit Issue On |
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Entered Into AMANDA by: |
Date: |
SCHEDULE “F”
Map of Oak Ridges Moraine
Attachment ‘2’
Permit Fees
(Fee By-law to be
revised as per Attachment 2)
Permit Fees
The site alteration permit fees and site inspections services fees for a permit for 180 days is as follows:
1. Permit
Fees:
Residential: $
1,500.00 plus $ 450 per hectare
All Other Types: $
2,000.00 plus $ 500 per hectare
2. Site Inspections: $ 100.00 per visit
(Minimum three (3) site
visits shall be required, max: number of visits will depend on the type of work
to the satisfaction of the Director)