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HomeMy WebLinkAboutEGD-030-08 CI~il1glOn REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Report #: EGD-030-08 File#: Resolution #:~ pp- 3'B7-02? By-law #: ~oo~- (I 'f- Date: Monday June 16, 2008 Subject: SITE ALTERATION BY-LAW AND POLICIES AND PROCEDURES Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-030-08 be received; 2. THAT, provided there are no significant issues raised by the General Purpose and Administration Committee, the Committee recommend to Council that the Site Alteration By-law - Policies and Procedures be endorsed by Council; and, 3. THAT, subject to a final review of the By-Law by the Director of Engineering Services and the Municipal Solicitor, Council enact the Site Alteration By-law. Respectfully by, ~ Submitted by: A.S. Cannella Director of Engineering Services 1J R . wed by: Franklin Wu If Chief Administrative Officer ASCljo/dv June 6, 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 Report #EGD-030-08 Page 2 1.0 BACKGROUND 1.1 Committee will recall that it reviewed, and Council approved in principle, a draft of the Site Alteration By-law at its April 14, 2008 meeting. 1.2 At that meeting, the matter was referred back to the Engineering Services staff to refine the By-law and prepare the Policies and Procedures for administering the By-law. 2.0 POLICIES AND PROCEDURES 2.1 Obiectives of the Site Alteration Bv-Iaw The intent of the By-law is to: . prevent off-site impacts such as erosion, runoff and sedimentation. . ensure that all fill and excavation operations comply with all government standards and regulations. In the event that staff suspect that a fill or excavation operation does not comply with another authoritative body's standards or regulations, that authoritative body may be contacted for input to the application. . prevent the Dumping, as defined in the By-Law, of Contaminated Fill . ensure that placement or excavation of fill is compatible with the surrounding area. 2.2 Site Alteration Bv-Iaw Policies and Procedures (Attachment 1) To this end, staff have prepared the Site Alteration By-law Policies and Procedures (see Attachment 1) which outlines the recommended guidelines for administering all Site Alteration Permit Applications. There are five sections to the policy: 2.2.1 Permit Conditions - outlines the conditions under which the permit is issued. It outlines the obligations of the applicant and outlines the right of the Municipality to inspect and direct the works. This section also defines the Municipality's actions in the event of any non-compliance by the permit holder. Report #EGD-030-0B Page 3 2.2.2 Requirements for Site Alteration Permit - outlines the information required from the Applicant in order to process the application. 2.2.3 Site Design Guidelines - defines the objectives of the Municipality in reviewing a permit and outlines design guidelines for the site alteration plan including erosion and sediment control and rehabilitation. 2.2.4 Letter of Credit - outlines the security which must be submitted to the Municipality to ensure that the works are done in accordance with the permit. 2.2.5 Site Alteration Application including application and permit fees. 3.0 COMMENT 3.1 The Policies and Procedures have been reviewed by staff, and it is staffs view that they will provide a solid basis and guideline for administering the Site Alteration By-law. 4.0 CONCLUSION 4.1 Staff respectfully request Committee's input on the Policies and Procedures at this time and request that Committee recommend that Council endorse the document. Attachments: Attachment 1 - Site Alteration By-law Policies and Procedures ClfJl-!lJglOn MEMO TO: Mayor and Council Frank Wu, Chief Administrative Officer Department Heads FROM: A.S. Cannella, Director of Engineering Services DATE: June 16, 2008 RE: REVISED SITE ALTERATION BY-LAW PROCEDURES POLICIES AND Please find attached a revised copy of the Site Alteration Bylaw - Policies and Procedures adding a new section entitled "Permit Exceptions" (see section 1.0). The intent of the Policies and Procedures is to administer the provisions of the Site Alteration Bylaw in a "user friendly" manner. The addition of the "Permit Exceptions" section provides the relevant information for the public to determine if a permit is required. ~ Director of Engineering Services ASC/jo CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 Municipality of Clarington Site Alteration By-law Policies and Procedures June 2008 - 2 - Table of Contents 1. Permit Exceptions 3 2. Permit Conditions 4 3. Requirements for Site Alteration Permit 6 4. Site Design Guidelines 7 5. Insurance 8 6. Letter of Credit I Security Deposit 8 7. Application Form 10 - 3 - INTRODUCTION The Municipality of Clarington Site Alteration By-law - Policies and Procedures have been prepared by the Engineering Services Department to set out guidelines for the dumping, excavation and filling of sites and associated works (the 'works') within the Municipality to ensure compliance with the Site Alteration By-law. Any variation from these guidelines will only be permitted if the intent of the Site Alteration By-law is met and at the sole discretion of the Director of Engineering Services. 1.0 PERMIT EXCEPTIONS 1.1 A permit is not required to be taken out where the Placing or Dumping of Fill, removal of topsoil or alteration of the Grade of land is: (a) undertaken by the Municipality or a local board of the Municipality; (b) on residential properties for the purpose of swimming pool installations; (c) imposed after December 31, 2002 as a condition to the approval of a site plan, a plan of subdivision or a consent under section 41, 51 or 53 respectively, of the Planning Act or as a requirement of a site plan agreement or a subdivision agreement executed and in good standing entered into under those sections; (d) imposed after December 31,2002 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 and in good standing under that regulation; (e) undertaken by 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; (f) 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 Aggregate Resources Act, (g) undertaken on land in order to lawfully establish and operate or enlarge any pit or quarry on land, i) that has not been designated under the Aggregate 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, (h) undertaken as an incidental part of drain construction under the Drainage Act or the Tile Drainage Act, (i) undertaken in accordance with a permit issued by the Municipality's Chief Building Official pursuant to the Building Code Act, 1992 for the erection or demolition of a building or structure, provided the Director and the Chief Building Official are satisfied that the permit application provides sufficient information to determine compliance with the provisions of this By-law; -4- U) undertaken in accordance with an order issued pursuant to the Municipality's Property Standards By-law as amended from time to time; or (k) Contractor's Yard which imports, processes, used and/or calls organic or granular material and which complies with the Municipality's Zoning By-law. 1.2 In addition, a permit is not required for Fill placed on lands zoned for residential use within the meaning of the Zoning By-law for the purpose of lawn dressing, landscaping, adding to flower beds or vegetable gardens, provided that: (a) the elevation of the land within 1.0 metres of the property line is not changed; (b) 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; (c) the functionality of any drainage infrastructure is not impeded; (d) the Dumping or Placing of Fill on a Lot which is 0.1 hectares or less, provided that the volume of Fill Dumped or Placed does not exceed 30 cubic metres in any consecutive 12 month period; and (e) the Dumping or Placing of Fill on a Lot which is greater than 0.1 hectares in area, provided that the volume of Dumped or Placed Fill does not exceed 60 cubic metres in any consecutive 12 month period. 1.3 The provisions of this By-law do not apply to the extent that Topsoil is removed or placed as an incidental part of bona fide Normal Agricultural Practice. 1.4 The provisions of this By-law do not apply in an area to the extent of any conflict with a regulation made under section 28 of the Conservation Authorities Act respecting the Placing or Dumping of Fill, removal of Topsoil or alteration of the Grade of land in such area. 1.5 The provisions of this By-law do not apply in an area to the extent to any conflict with a regulation made under Ontario Regulation 140/02 - The Oak Ridges Moraine Conservation Plan respecting the Placing or Dumping of Fill, removal of Topsoil or alteration of the Grade of land in such area. 2.0 PERMIT CONDITIONS 2.1 All permit holders shall: (a) notify the Director in writing a minimum of two (2) business days prior to the commencement or recommencement of any site alteration and/ or associated works; (b) obtain permission in writing from the Director prior to modifying any element of the Application; (c) install all control measures as identified in the approved Erosion and Sediment Control Plan prior to any site alteration; (d) maintain all road drainage systems, storm water drainage systems, control measures and other facilities identified in the Application; - 5 - (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 within 24 hours and make needed repairs to the satisfaction of the Director of Engineering Services; (g) allow Municipal officers or agents of the Municipality to enter the site for the purpose of inspecting for compliance with the Application or for performing any work necessary to bring the site into compliance with the permit, including 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; U) 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 running or operating before 7:00 a.m. or after 11 :00 p.m., Monday to Saturday, inclusive, or at any time on Sunday; (I) be responsible for the activities of their agents, employees, contractors and sub-contractors who may create a situation of non- compliance with the permit; and, (m) construct additional works and or erosion and sediment controls not identified in the Site Alteration Plan as deemed necessary by the Director. 2.2 The Municipality may: (a) inspect the site periodically to ensure compliance with the permit; (b) direct the permit holder to complete certain works in a defined period of time to bring the site into compliance with the permit and/or additional works to ensure no adverse impacts to the environment or to adjoining properties; (c) upon failure by the permit holder to complete all or part of the works in the time stipulated in the Application, may draw the appropriate amount from the securities posted and use the funds to arrange to complete the said works, or any part thereof; (d) upon failure by the permit holder to install, repair or maintain a specific part of the works as requested by the Municipality, and in the time requested, 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 absolute discretion deem necessary; (e) in the case of emergency repairs or clean up, may undertake the necessary works at the expense of the permit holder and reimburse itself out of securities posted by the permit holder; -6- (f) when deemed necessary by the Director of Engineering Services, redesignate truck routes and trucking schedule and may require additional signage; and, (g) require the applicant to provide pre and post hauling pavement assessment at their cost and to the satisfaction of the Director of Engineering Services. 3.0 REQUIREMENTS FOR SITE ALTERATION PERMIT 3.1 The following drawings, details and information may be required by the Municipality in order to process an Application for Site Alteration. Each required item must be prepared to the satisfaction of the Director: a) a key map showing the location of each Lot, including the nearest major intersection and north arrow; b) the Lot's boundaries and area (expressed in hectares) of each such lot or parcel of land; c) the existing and proposed use of the land and the location and use of the buildings and other structures adjacent to each Lot; d) the location, dimensions and use of any building and other structures existing or proposed to be erected on each Lot; e) the location of lakes, streams, wetlands, channels, ditches, other watercourses and other bodies of water on and within a minimum of 30 metres beyond each Lot's boundaries; f) the location of all Regulatory Flood Lines and Conservation Authority Fill Regulation lines; g) the location and identification of the predominant existing Soil types on the Lot; h) the species, Grade at base and size of all trees greater than 250 millimetres in calliper, all shrubs, trees and hedges within three (3) metre(s) of the property line and driveways on each Lot and all easements and rights-of-way over, under, across or through the Lot; i) the location and dimensions of any existing and proposed storm water drainage systems and natural drainage patterns on and within a minimum of 30 metres beyond each Lot's boundaries; j) the location and dimensions of utilities, structures, roads, highways and paving located within a minimum of 30 metres beyond each Lot's boundaries; k) the existing topography on the Lot and extending a minimum of 30 metres beyond the Lot's boundaries; I) the Proposed Grades of each Lot; m) the location and dimensions of all proposed land disturbance activities, including construction of access roads; n) the location and dimensions of all temporary Soil, dirt or Fill stockpiles; - 7 - 0) the location, dimensions, design details and design calculations of all construction site erosion control measures that may be necessary to minimize the impact of the proposal; p) a schedule of the anticipated starting and completion dates of each land disturbance or land development activity; q) provisions for the maintenance of the construction site erosion control and dust control measures during construction and after as required; r) a plan of proposed external haul routes and daily schedule for hauling, including a plan showing signage as required by the Director; s) the scale of drawing, ranging from 1 :250 to 1 :1000 as deemed appropriate (each drawing control plan to be in metres); t) an indication on the drawing of directions of overland water flow and overland flow route; u) any information, plans or studies required by Ontario Regulation 140102. v) Proposed Grades and drainage system to be used upon completion of the Placing or Dumping of Fill on a Lot; w) a description of the proposed Fill, including a list of the sources and geotechnical reports as to content and quality, prepared by qualified experts in that regard; x) a certificate of the Owner, Applicant and each qualified expert referenced in paragraph (e) certifying that the Fill contains no contaminants as defined in the Environmental Protection Act, R.S.O. 1990, c. E.19; y) a plan showing the design details to proper scale of any Retaining Wall that may be required and the dimensions of any materials to be used in construction of such Retaining Wall; and z) security in a form and amount to be determined by the Director to secure performance of the work for which the Permit is being applied. 4.0 SITE DESIGN GUIDELINES 4.1 Every Site Alteration shall be performed in accordance with the following objectives: . prevention or limiting of off-site impacts of increased runoff, soil erosion, sedimentation, dust and mud; . prevention of Dumping of Contaminated Fill; . compliance with federal, provincial, Conservation Authority and Municipal standards and regulations; and . placement or excavation of fill which is compatible with and appropriate to the surrounding land placement or excavation of fill which results in a visually acceptable landscape as determined by the Director. - 8 - 5.0 INSURANCE 5.1 The Director may require the applicant to provide certification of insurance in an amount and in a form which is satisfactory to the Director of Engineering Services and the Director of Finance. In certain circumstances, where the Director deems it appropriate, the Applicant will be required to name the Municipality as an additional named insured in the insurance certification. 6.0 LETTER OF CREDIT I SECURITY DEPOSIT 6.1 The applicant will be responsible to provide a cost estimate of maintaining erosion and sediment control measures, traffic control, mud tracking control measures, dust control measures, litter and debris control measures and stabilization of all disturbed surfaces. The cost estimate will be subject to review by staff and approval by the Director. 6.2 An irrevocable Letter of Credit or other security acceptable to the Municipality 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, traffic control, dust control measures and stabilization shall be required. 6.3 The Letter of Credit I Security Deposit may also be required to include a road, sidewalk I curb, entrance culvert, utility or other damage deposit. 6.4 The security shall be in a form acceptable to the Municipality's Director of Finance. 6.5 The security shall 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 Municipality prior to its expiry or cancellation. A detailed cost estimate including unit prices and quantities are to be supplied by the owner or their representative and verified by Municipal staff. 6.6 In the event that the Municipality 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 Municipality may draw on the current Letter of Credit at the discretion of the Director. 6.7 It shall be the responsible of the permit holder: (a) 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, (b) to notify the Municipality no later than five (5) working days of the completion of works set out in the permit and to request that the Municipality carry out an inspection to confirm that all relevant terms of this by-law have been complied with. 6.8 When the provisions of this by-law have been fully complied with to the satisfaction of the Director, the Director shall release the applicant's security. Some security may continue to be held until the Director is satisfied that the site stabilization has taken effect. '. - 9 - 6,9 All securities will be returned to the original applicant unless the original applicant authorizes, in writing, the return of the securities to another person. 6.10 If in the opinion of the Director the permit holder is not proceeding with the work as set out in the permit in a timely fashion or if the work is being improperly performed or if the work is neglected or abandoned, the permit holder shall be deemed in violation of the permit. Under this circumstance, the Municipality of Clarington shall have full authority to enter the site and complete or cause to have completed works set out and approved in the permit application. The Letter of Credit shall be drawn on to make payment for the work, materials, rentals and other sundry costs associated with the completion of the works, " - 10- The Corporation of the Municipality of Clarington ENGINEERING SERVICES DEPARTMENT Site Alteration Application For Dumping Fill, Removing Fill or Altering Grades within the Municipality of Cia ring ton, under By-law xxxx, · Application cannot be processed until Permit Application Fee is paid · Application Fees and Permit Fees are non-refundable · Applications require jive (5) business days to review once a complete application has been submitted · Applications must be complete with all required documentation I, APPLICANT NAME: ADDRESS: PHONE/FAX: 2, Removal site (if not same as Applicant) Owner Name/Phone: Location! Address: Dumping site (if not same as Applicant) O\'mer NamelPhone: Location! Address: 3. Where Applicant does not own both sites, confirm other affected property Owners have granted you permission to do the work in accordance with this by-law. Yes No 4. Purpose of work: 5. Provide drawing(s), to the satisfaction of the Director, which include: (a) key map showing location of each site and nearest major intersections; (b) plan showing the property boundaries, area in hectares or acres, abutting properties, nearest roads, an approximate scale and north arrow; (c) use of property and each abutting property; (d) all buildings, structures and other property features including entrances, fences, etc.; (e) location and dimensions of utilities, structures and roads within 30m of each site's boundaries; , - 11 - (f) tree details for 250mm calliper and larger (measured I.5m above ground) and any other significant vegetation; (g) site topography and abutting property topography within 30m; (h) streams, wetlands, channels, ditches, swales or other watercourses and ponds on the site and on abutting property within 30m; (i) identification of predominant soil type of each site; G) regulatory Flood Lines and Conservation Authority Fill Regulation lines; (k) details of proposed work including methods of minimizing impact to the lands and abutting lands. Include limits of work areas, internal haul routes, stockpile areas, silt and erosion control measures, and final grades/changes to topography and drainage and method/type of restoration. For clarity, this may require an additional drawing; (I) a mud and dust control program for all dump and removal sites, including mud mat details, and proposed external haul routes and daily schedule for hauling; (m) a Site Alteration Plan (n) a cost estimate showing costs to install and maintain sediment and erosion control, seeding or sodding restoration costs, mud and dust control, etc.; (0) a detailed work schedule and proposed completion date; (P) names and contact numbers for contractors and subcontractors; (q) additional documentation when requested by the Director, including items such as drainage studies, pre-construction and post-construction surveys, pavement assessment reports and/or photos, additional tests and/or certifications. 6. Does the Fill contain any material other than clean fill/topsoil? Yes/No */f answer Yes, provide written certification from a Professional Engineer, in a form acceptable to the Director, outlining a list of the fill contents and certifYing that such material is not contaminated within the definition outlined in the Environmental Protection Act, R.S.O. 1990, C.E.19 and provide, when requested, a certificate from the Ministry of the Environmentfor such proposed work. Notwithstanding such certifications and certificates, the Director may amend, limit or fully reject such applications where deemed to significantly impact the Municipality. 7. Is the work in advance preparation for a development project? (If so, provide additional information) Yes/No 8. Volume of earth to be moved in cubic metres (m3): 9. Proposed Start Date: Completion Date: 10. Fees: Less than 250 m3 of Fill: Application Fee Permit Fee $100 $250 (incl. Application Fee) More than 250 m3 of Fill: Application Fee Permit Fee plus surcharge $25 per 1000 m3 $100 $500 (incl. Application Fee) Extension of Permit: $100 11. Securities: Cost estimate of all works $ $ $ Road or other damage deposit Total security/Letter of Credit " - 12- Acknowledgement and Declaration The Applicant herebv aarees: 1. That this application and all studies submitted in support of this application may be made available for public review, pursuant to the provisions of the Municipal Freedom of Information and Protection of Privacy Act. 2. That personal information on this form will be used to determine compliance with Municipality of Clarington Site Alteration By-law No. 200B-XXX. 3. To comply and, where applicable, cause others to comply with the provisions of this permit including all sections of the Municipality's Site Alteration By-law. 4. To install and maintain proper sediment and erosion control at all times. 5. To obtain all other permits necessary to carry out the work described on this permit. 6. That the issuance of a permit by the Director shall in no way constitute approval or supervision of the work being undertaken, material being transported or removed/deposited, methods being used or resulting impacts, in whole or in part, nor shall it relieve the Applicant or Owner(s) of obligations to meet all requirements set out in this by-iaw, and all other iaws, regulations, by-laws, agreements, approvals and permits. 7. That securities posted to the Municipality shall be maintained in good standing and shall not be cancelled without/he written consent of the Director, and that the Municipality shall be entitled to draw on any or all of the securities to payout or recover costs to ensure compliance with all conditions of this Permit, in addition to a 30% administration/management fee and legal costs, where applicable. 8. To hereby forever release and indemnify and save harmless the Municipality, its employees, representatives, agents and contractors, from and against all claims, demands, damages, causes of action, costs, expenses and other liabilities of any nature, which may arise through the issuance of this Permit. I, , of , solemnly declare that all statements contained in this application and supporting documentation are true and I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of The Canada Evidence Act. I also agree to allow the Municipality of Clarington, its employees and agents to enter upon the subject lands to assess, inspect, conduct surveys and investigations relating to this permit application. I further declare that I have read and fully understand the provisions contained in the acknowledgement section above and agree to comply with all of them. Signature Date FOR OFFICE USE ONLY DATE REVIEWED: Needed Acceptable NA TREE PRESERVATION GRADING PLAN-P.ENG CERTIFICATION RE:CLEAN FILL-P.ENG EROSION AND SEDIMENT CONTROLlPLAN-P.ENG MUDIDUST CONTROL PROGRAM HAUL ROUTEIPAVEMENT ASSESSMENT FINANCIAL SECURITY AMOUNT APPLICATION FEE AMOUNT/PAID PERMIT FEE AMOUNT/PAID INSURANCE Permit Approval Date: Permit Expiry Date: (90 days) Permit Approved by: The Director shall detennine all supporting documentation required to form part of any Application. Such requirements may include drainage studies, pavement assessment reports, site topography information, silt and erosion control plans and details, cost estimates, schedules, preconstruction and post construction surveys, certifications, photos and/or tests. The Director shall have the sole discretion of determining the acceptability of any of these requirements.