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HomeMy WebLinkAboutBy-law 6060/02THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6060/02 Being a by-law to prohibit or regulate the placing or dumping of fill, the removal of topsoil and the alteration of the grade of land. WHEREAS pursuant to Section 142(2) of the Municipal Act, 2001, the Council of a local municipality may, a) prohibit or regulate the placing or dumping of fill; b) prohibit or regulate the removal of topsoil; c) prohibit or regulate the alteration of the grade of the land; d) require that a permit be obtained for the placing or dumping of fill, the removal of topsoil or the alteration of the grade of the land; e) impose conditions to a permit, including requiring the preparation of plans acceptable to the municipality relating to grading, filling or dumping, the removal of topsoil and the rehabilitation of the site; f) require that fill dumped or placed contrary to a by-law passed or a permit issued under Section 142 of the Act be removed by the person who dumped or placed it or who caused or permitted it to be dumped or placed; g) require the rehabilitation of land from which topsoil has been removed contrary to a by-law passed or a permit issued under Section 142 of the Act; h) require that the grade of the land altered contrary to a by-law passed or a permit issued under Section 142 of the Act be restored to its original condition by the person who altered it or who caused or permitted it to be altered; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: DEFINITIONS For the purpose of this by-law, a) b) c) d) e) "agricultural" means lands that are cultivated and/or used for raising of livestock; "applicant" means an owner, or an owner's agent who is authorized by the owner to act on behalf of the owner; "body of water" includes any brook, creek, stream, river, lake, pond, waterway, watercourse, canal, or other flowing or standing water; "City" means the Corporation of the City of Pickering; "contaminated fill" means soil, fill or other material containing any solid, liquid, gas, odour, waste product, radioactivity or any combination thereof which is present in a concentration greater than which naturally occurs and which has the potential to have an adverse effect on human activity; g) h) J) k) I) m) n) o) p) q) r) s) t) u) v) "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; "Director" means the Director, Planning & Development for the the City of Pickering, or designate; "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; "dust" includes loose or blowing earth, sand or soil that may be transported from the site; "erosion" means the detachment and movement of soil, sediment or rock fragments by water, wind, ice or gravity; "filr' means any type of material deposited or placed on lands and includes soil, stone, concrete, sod or turf either singly or in combination; "grade" is defined as: i) "existing grade" means the elevation of the existing ground surface of the lands upon which dumping and/or placing of fill is proposed or as it existed prior to the placing or dumping of fill; ii) "finished grade" means the elevation of ground surface of lands upon which fill is proposed to be placed or has been placed in accordance with this by-law; "land disturbance" means any man-made change of the land surface including removing vegetative cover, removing topsoil, excavating, filling and grading; "litter and debris" includes building materials, garbage, waste, vegetation or any other loose material that may be transported from the site by wind, persons, vehicles or other means; "lot" means a legally described parcel of land; "mud tracking" means the obstruction, encumbering, injuring, or fouling of roads, boulevards and bridges via the throwing, placing or depositing of dirt, refuse or any other debris; "officer" means persons assigned by the Director to enforce the provisions of this by-law; "owner" means the registered owner of the land on which is located or will be located the topsoil removal, fill placement and erosion and sediment control; "permit" means a topsoil removal, fill placement and erosion and sediment control permit; "permit holder" means an owner to whom a permit has been issued; "site" means the lands from which it is proposed that topsoil be moved or removed, or subjected to land disturbance and/or land development; "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; "Treasurer" shall mean the Director, Corporate Services and Treasurer for the City of Pickering, or designate. EXEMPTIONS This by-law does not apply to: a) Activities or matters undertaken by the City, any local board of the City or the Regional Municipality of Durham. b) The placing or dumping of fill, removal of topsoil or alteration of the grade of land which is carried out to implement a site plan agreement, subdivision agreement or development agreement previously entered into with the City, pursuant to the provisions of the Planning Act. c) The placing or dumping of fill, removal of topsoil or alteration of the grade of land imposed as a condition to a development permit authorized by regulation made under Section 70.2 of the Planning Act or as a requirement of an agreement entered into under that regulation. d) The placing or dumping of fill, removal of topsoil or alteration of the grade of land undertaken by a transmitter or distributor, as those terms are defined in Section 2 of the Electricity. Act, 1998, for the purpose of constructing and maintaining a transmission system or a distribution system, as those terms are defined in that Section. e) The placing or dumping of fill, removal of topsoil or alteration of the grade of land undertaken on land described in a licence for a pit or quarry or a permit for a wayside pit or wayside quarry issued under the A_cl~re_clate Resources Act. The placing or dumping of fill, removal of topsoil or alteration of the grade of land undertaken on land in order to lawfully establish and operate or enlarge any pit or quarry on land, that has not been designated under the A.q.qre.qate Resources Act or a predecessor of that Act, and ii) on which a pit or quarry is a permitted land use under a by-law passed under Section 34 of the Planning Act. g) The placing or dumping of fill, removal of topsoil or alteration of the grade of land undertaken as an incidental part of drain construction under the Drainage Act or the Tile Drainage Act. h) The removal of topsoil as an incidental part of a normal agricultural practice including sod-farming, greenhouse operations and nurseries for horticultural products, provided the topsoil itself is not for sale, exchange or other disposition. i) Lands within a fill regulated area as defined by regulations made under the Conservation Authorities Act. J) Land disturbance associated with minor gardening, landscaping or the installation of swimming pools incidental to a residential use. k) The removal of topsoil as an incidental part of the construction of underground services or utilities, where the topsoil is removed and held for subsequent replacement. i) The removal of topsoil or placing of fill where the aggregate quantity of such removal or placement on any one lot does not exceed twenty cubic metres in any period of three consecutive months. PROHIBITION No person or corporation shall remove or cause the removal of any topsoil, place or dump fill, or grade or perform any other land disturbance or land filling activity on or from any lot in the City except in accordance with a permit issued under this by-law. Notwithstanding the exemptions described in section 2 of this by-law, no person or corporation shall remove or permit the removal of topsoil from any land or place or permit the placement of fill on any land adjacent to or within 30 metres of any body of water without a permit having been issued by the Director. Notwithstanding the exemptions described in section 2 of this by-law, no person or corporation shall: a) place or allow to be placed, or remove or allow to be removed any fill on any wetlands identified as provincially significant by the Ministry of Natural Resources, or b) place or allow to be placed, or remove or allow to be removed any contaminated fill on or from any land within the City unless the placing or removal of such fill is authorized by a certificate issued by the Ministry of Environment and Energy. PERMIT APPLICATIONS To obtain a permit, the owner of the land or his authorized agent shall file an application with the Director. All applications for permits shall be accompanied by: a) A completed application on the form as established by the Director; b) A site map identifying the location, boundaries and number of hectares in the site, the nearest major intersection and a north arrow; c) Erosion and Sediment Control Plans and Design Report in accordance with Section 8 herein; d) The fee prescribed in Schedule A to this by-law; e) A letter of credit as prescribed in Schedule A to this by-law; f) A written authorization, signed by the owner, stating that officers of the City and/or any person in the company of the officers will be allowed 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; g) Work schedule; h) A written confirmation from a qualified person that the material being placed or removed is not contaminated fill; and i) All other information as may be required. Erosion and Sediment Control Plans shall be certified by a professional engineer licensed to practice in Ontario and shall include: a) Drawings at a scale of 1:500 or 1:1000 which describe compliance with the site design requirements in Schedule B to this by-law, and which include: i) adjacent land uses and the location and use of any buildings and other structures adjacent to the site; ii) the location, dimensions and use of the buildings and other structures existing or proposed to be erected on the site; iii) the location and dimensions of driveways and rights-of-way across each lot; iv) the location of lakes, streams, wetlands, channels, ditches, other water courses and other bodies of water on and within 30 metres beyond the site boundary; v) the Regional Storm Flood Line and Conservation Authority Fill Regulation lines; vi) the location and boundaries of predominant soil types; vii) the location and type of existing vegetative cover, including the species and size in caliper of all trees and the location of all shrubs; the location and dimensions of any existing and proposed storm water drainage systems and natural drainage patterns on and within 30 metres beyond the site boundary; ix) the location and dimensions of utilities, structures, wells, sewage systems, roads, highways and paving within 30 metres beyond the site boundary; the existing site topography at a contour interval not to exceed one- half of one metre and to extend a minimum of 30 metres beyond the lot/site boundary; xi) the proposed final elevations of the site; xii) the location and dimensions of all proposed land disturbance activities; xiii) the location and dimensions of all temporary soil stockpiles; xiv) the location of designated haul routes and construction access points to the site including the location of mud mats or other measures to remove earth and mud from the tires of vehicles leaving the site; xv) the location, dimensions and details of all construction site control measures necessary to meet the requirements of this by-law; and xvi) an indication of the direction of overland flow routes. b) An Erosion and Sediment Control Design Report containing: i) a description of the features in the Erosion and Sediment Control Plan; ii) a description of the measures proposed 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, mud mats, silt fences, check dams, catch basin protection and slope stabilization measures and a schedule for their maintenance and upkeep; iii) iv) a description of the mud tracking control and road maintenance program a description of the measures proposed to control the offsite movement of dust, litter and debris and related offsite maintenance; v) the name and 24 hour contact telephone number of the person responsible for the maintenance programs described in iii) and iv) above; vi) a 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; vii) a schedule of the starting and completion dates of each land disturbing or related activity, including the installation of construction site control measures needed to meet the requirement of this by-law. o COMPLIANCE WITH OTHER REGULATIONS AND STATUTES The provisions of this by-law and the issuance of a permit by the Director shall not affect the obligations of an owner to comply with all other restrictions governing the work imposed under law by any authority having jurisdiction. 10. The Director shall not issue a permit unless; a) Where applicable, all requirements contained in the Oak Ridges Conservation Plan, O.Reg 140/02, and any other regulations made under the Oak Rid,qes Moraine Conservation Act 2001 are complied with in the proposed work, and b) The land use to which the proposed work pertains is permitted by the applicable by-laws passed under the Plannin.q Act. 11. 12. PERMIT ISSUANCE The Director shall issue a permit where all the application requirements set out herein are completed, and the proposed land disturbance, Erosion and Sediment Control Plans and Design Report comply with the requirements of this by-law. Where the Director refuses to issue a permit, the applicant shall be informed in writing of the reasons for refusal. 13. Permits shall be subject to the conditions described in Schedule C to this By-law. 14. Permits shall be valid for a period of one year, and may be extended one or more times for an additional one year, subject to any additional control measures and inspection fees as determined by the Director and as set out in this by-law. 15. 16. IMPLEMENTATION AND INSPECTIONS All erosion and sediment control measures necessary to meet the requirements of this by-law shall be in place prior to any land disturbance of the site. These measures shall be maintained by the owner during the period of land disturbance so as to ensure adequate compliance with the requirements of this by-law and to prevent damage occurring as a result of erosion, sedimentation or flooding. If the property for which the permit has been issued is transferred while the permit remains in effect, the new owner shall either: a) Provide the City with a written undertaking agreeing to comply with all the conditions under which the existing permit was issued; and b) Provide a Letter of Credit in accordance with the requirements of Schedule A to this by-law; or c) Apply for and obtain a new permit in accordance with the provisions of this by-law. 17. REVOCATION OF PERMITS Where a permit has been issued on the basis of misleading or false information in an application, the permit may be revoked and the permit holder shall immediately cease all operations being conducted under the authority of the revoked permit. 18. 19. 20. 21. ENFORCEMENT If an officer is satisfied that a contravention of the by-law has occurred, the officer may make an order requiring the owner of the land or the person who caused or permitted the placing or dumping of fill, removal of topsoil or alteration of the grade of land in contravention of the by-law to discontinue the activity and the order shall set out, a) the municipal address or the legal description of the land; and b) reasonable particulars of the contravention and the period within which there must be compliance. Every person who contravenes any section of this by-law is guilty of an offence and upon conviction is liable to a fine or penalty for each offence, exclusive of costs as prescribed by the Provincial Offences Act. All Schedules attached to this by-law shall form part of this by-law. In the event that a court of competent jurisdiction declares any provision or provisions of this by-law to be invalid for any reason, the remainder of the by-law shall remain in full force and effect. BY-LAW read a first, second and third time and finally passed this 20th day of January, 2003. Wayne Arthurs, Mayor fBruce~Taylor, Clerk SCHEDULE A PERMIT FEES The Fee for processing, administration and inspection for a one year permit is Five Hundred Dollars ($500.00) plus Twenty-Five Dollars ($25.00) per hectare or part thereof of site area. LETTER OF CREDIT (to guarantee site control measures) An irrevocable Letter of Credit or other security acceptable to the City to cover 100% of the estimated cost of site control measures including the cost of the Erosion and Sediment Control measures, mud tracking control measures, litter and debris control measures, and dust control measures is required. The security is to be in a form acceptable to the Treasurer. (a) The security must remain in effect for the full duration of the permit with an automatic renewal clause in the document. Any Letter of Credit and its subsequent renewal forms shall contain a clause stating that thirty (30) days written notice must be given to the City prior to its expiry or cancellation. All calculations to be supplied by the owner or their representative and verified by City staff. (b) In the event that the City receives notice that a Letter of Credit is expiring and will not be renewed, or, if further or additional securities are not provided within the said thirty (30) days, the City may draw on the current Letter of Credit at the discretion of the Treasurer. The permit holder agrees that any interest accruing on the realized security shall belong to the City and not to the permit holder. (c) It is the responsibility of the permit holder: (i) to provide evidence satisfactory to the Director that the site has been adequately reinstated and stabilized in accordance with this By-law and the Erosion and Sediment Control Plan accompanying the permit; and (ii) to notify the City no later than five working days of the completion of works set out in the Permit and to request that the City carry out an inspection to confirm that all relevant terms of this By-law have been complied with. (d) The security may be reduced from time to time by the Treasurer. When the provisions of subsections (i) and (ii) of section 2(c) have been fully complied with, the Treasurer shall release the Applicant's security. (e) If a new owner satisfies all the conditions outlined in the By-law, all securities will be returned to the original owner unless the original owner authorizes, in writing, the return of the securities to another person. PERMIT EXTENSION FEES The fee for processing, administration and inspection for a one year permit extension is Three Hundred Dollars ($300.00). SCHEDULE B SITE DESIGN REQUIREMENTS The following requirements shall be met on all sites where a permit is required to remove topsoil: Site Dewatering: (a) If it is demonstrated that no particles are greater than or equal to 40 microns in size, then dewatering operations may be conducted provided that the water is not permitted to discharge directly into receiving bodies of water or streams. (b) Water pumped for dewatering operations on the site shall be treated by temporary sedimentation basins, grit chambers, sand filters, upflow chambers, swirl concentrators or other appropriate controls. 2. Drain Inlet Protection: All rear lot storm drain inlets or any other inlets as the Director considers necessary, shall be protected with filter fabric, or equivalent barriers meeting accepted design criteria, standards and specifications accepted by the Director. 3. Site Erosion and Sediment Control: The Erosion and Sediment Control Plan should consider the following types of controls: a) Stabilization practices for soil erosion and sediment control. The common stabilization practices of two types: vegetative stabilization practices such as temporary seeding, sod stabilization, permanent seeding and plantation, maintenance of buffer zone, and preservation of natural vegetation and non-vegetative stabilization practices such as mulching, geotextiles, soil-retaining measures and stream bank stabilization. b) 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. c) Storm water runoff control, which prevent runoff from flowing across disturbing areas by using measures such as earth dikes, drainage swales, and drains. d) Structural control measures to eliminate the offsite movement of soil such as mud mats and silt fences. e) Structural practices such as Sediment Control Ponds and ultimate SWM ponds, which hold storm water runoff in a controlled fashion and remove sediments in the storage device. f) In the event that a Sediment Control Pond cannot be constructed to service the entire site (i.e., capture all the runoff from the site), the reasons must be documented and alternative control works must be proposed. Other approved sediment control measures, which remove sediments from on-site runoff before it leaves the site must be constructed. As required in this By-law for the lots/sites with more than five hectares 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., SVVM facility, if applicable) must be provided. The Sediment Control Pond volume should consist of a permanent pool and active storage component. The permanent pool component should be sized for ultimate development conditions to provide a volume equivalent to a Level 1 water quality control as per the current Ministry of the Environment SWMP Manual, or 125 m3/ha, whichever is greater. The active storage volume component should be sized for a minimum of 125 m3/ha of runoff and released over a minimum 24-hour period. If the ultimate SVVM facility cannot be used as the Sediment Control Pond for the entire site/lot during construction period, a temporary sedimentation pond shall be constructed with design criteria as follows: a) The Sediment Control Pond shall be constructed prior to topsoil stripping or fill placement; b) Where possible, 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; c) The Sediment Control Pond volume must consist of a permanent pool and active storage component. The permanent pool component should be sized for ultimate development conditions to provide a volume equivalent to a Level 1 water quality control as per the current Ministry of the Environment (MOE) SWMP Manual, or 125 m3/ha, whichever is greater. The active storage volume component should be sized for a minimum of 125 m3/ha of runoff and released over a minimum 24-hour period; d) To maintain sufficient permanent pool volume during the land disturbance period, the ESC Plan should provide the maintenance schedule. The Sediment Control Pond should be cleaned once the removal efficiency of the pond has been reduced by 5% as per the MOE SVVMP Manual; The following criteria apply to land disturbing activities that results in runoff leaving the site: a) All the activities on the lot/site shall be conducted in a phased manner, where appropriate, to minimize the area of bare soil exposed at any one time. b) 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. c) Any topsoil or dirt storage piles containing more than one hundred cubic meters (100 m3) of material shall be a minimum of 10 meters from or up the slope from a roadway or channel. If remaining for more than sixty (60) 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 sixty (60) days should be controlled by sediment control fence (i.e., filter fence) barriers around the pile. d) Runoff from the entire disturbed area on the site shall be controlled as follows: i) ii) All disturbed ground left inactive 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. 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 said applicant or permit holder provides satisfactory proof that he has made his 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 City. iii) For lots/sites 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 downslope boundaries of the site. iv) For lots/sites adjacent to 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) meter wide buffer strip and/or sediment control fence shall be provided along the perimeter of the downslope boundaries of the site. v) The sediment control guidelines prepared by the Toronto and Region Conservation Authority and Ministry of Natural Resources for the Province of Ontario, or municipal standards are to be followed. vi) For sites with extensive fill requirement, 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. SCHEDULE C PERMIT CONDITIONS All permit holders shall: (a) Notify the Director or his/her designate a minimum of two business days prior to the commencement or recommencement of any land disturbing activity; (b) Obtain permission in writing from the Director or his/her designate prior to modifying any element of the Erosion and Sediment Control Plan; (c) Install all control measures as identified in the approved Erosion and Sediment Control Plan; (d) Maintain all road drainage systems, stormwater drainage systems, control measures and other facilities identified in the Erosion and Sediment Control Plan; (e) Promptly repair any siltation or erosion damage to adjoining surfaces and drainage ways resulting from land developing or disturbing activities; (f) Inspect the sedimentation control measures at least once per week and after each rainfall of at least one centimetre and make needed repairs; (g) Allow City officers or agents of the City to enter the site for the purpose of inspecting for compliance with the Erosion and Sediment Control Plan or for performing any work necessary to bring the site into compliance with the Erosion and Sediment Control Plan; (h) Maintain a copy of the permit on the site; (i) Notify all sub contractors and suppliers of approved access routes to the site and ensure compliance with these instructions; (J) Maintain all roads in same or better condition than existed prior to the commencement of the work and keep all roads free from any materials or equipment arising from the work set out in the permit; (k) Ensure that no construction machinery is operated in contravention of By- law Number 3821, as amended, (Noise By-law) or any successor thereto. The City: a) Upon the failure by the permit holder to complete all or part of the works in the time stipulated in the Erosion and Sediment Control Plan, the City may draw the appropriate amount from the securities posted and use the funds to arrange for the completion of the said works, or any part thereof. b) Upon failure by the permit holder to install, repair or maintain a specific part of the works as requested by the City, and in the time requested, the City may at any time 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. c) In the case of emergency repairs or clean-up, the City may undertake the necessary works at the expense of the permit holder and reimburse itself out of securities posted by the applicant. THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6680106 Being a by-law to amend the Fill and Topsoil Disturbance By-law WHEREAS on January 20,2002 the City passed By-law 6060102 to regulate the placing or dumping of fill, the removal of topsoil and the alteration of the grading of land; and WHEREAS the City wishes to amend By-law 6060102 to further define the types of permitted fill. NOW THEREFORE THE COUNCil OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOllOWS: 1. Section 1 of By-law 6060102 is amended by adding the following definition: d. 1) "clean fill" means soil, stone, concrete, sod, turf or other fill material approved by the Director on the basis of the submission described in clause 7 i) to this by-law, which is not contaminated and which does not contain garbage, debris or other materials; 2. Section 5 of By-law 6060102 is amended by striking out "or" at the of clause a), by adding "or" at the end of clause b), and by adding the following clause: c) place or allow to be placed anything other than clean fill. 3. Section 7 of By-law 6060102 is amended by striking out "and" at the end of clause h), by renumbering clause i) to clause j), and by adding the following clause: i) a description of the type of any fill material being placed; and 4. This by-law shall come into effect on the day of its passing. BY-LAW read a first, second and third time and finally passed 19th day of June, 2006. .- ~u ~ David Ryan. BY - - · .... --- . --..... -