HomeMy WebLinkAbout2012-022 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2012-022
Being a by-law to amend Site Alteration By-law 2008-114
and Noise By-law 2007-071
WHEREAS on June 23, 2008, the Municipality enacted Site Alteration By-law No. 2008-
114, and
WHEREAS Council deems it advisable to amend the Site Alteration By-law No. 2008-
114 and make a corollary amendment to the Noise By-law 2007-071.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
Site Alteration By-law 2008-114 is amended by adding the following sections:
1.9.1 "Large Fill Operation" means an operation that involves the
Placing or Dumping more than 500m3 of Fill.
1.10.1 "Minor Fill Operation" means an operation that involves the
Placing or Dumping less than 100m3 of Fill.
1.19.1 "Small Fill Operation" means an operation that involves the
Placing or Dumping of between 100 and 500m3 of Fill.
1.21.1 "Table 1 Standards" means the standards set out in Table 1 of the
"Soil, Ground Water and Sediment Standards for Use under Part
XV.1 of the Environmental Protection Act" published by the
Ministry of the Environment dated April 15, 2011, as amended
from time to time.
1.21.2 "Table 2 Standards" means the standards set out in Table 2 of the
"Soil, Ground Water and Sediment Standards for Use under Part
XV.1 of the Environmental Protection Act" published by the
Ministry of the Environment dated April 15, 2011, as amended
from time to time.
2.5 No Person shall Place or Dump Fill or Topsoil or cause or permit
Fill or Topsoil to be Placed or Dumped anywhere in the
Municipality unless (a) the source of the Fill or Topsoil is a Lot
within the Municipality or (b) the Fill has been taken from within a
municipal road allowance or municipal easement as part of a
municipal construction or reconstruction project undertaken by or
on behalf of a municipality.
5.7 Prior to issuing any Permit, the Director may require an Applicant
seeking a Permit to hold an information meeting at the Applicant's
expense. The time, location and manner of providing notice of
such meeting shall be determined by the Director.
6.5 The Director may require a lot grading certificate upon completion
of the work described in any Permit and may require the Owner or
Applicant to post security to ensure delivery of such certificate.
9.2 If an Owner fails to carry out any work required by an order issued
under section 9.1, the work may be done by the Municipality at the
Owner's expense and the cost of such work shall be added to the
tax roll and collected in the same manner as property taxes.
9.3 If requested by the Director or a Municipal By-law Enforcement
Officer, an Owner shall be required to produce documentation in a
form acceptable to the Director showing the amount of Fill being
deposited and the source of the Fill pursuant to a Permit.
2. Sections 1.3, 5.2(b), 5.2(f) and 5.2(h) of Site Alteration By-law 2008-114 are
deleted and the following substituted therefor:
1.3 "Contaminated Fill" means,
(a) any Soil that does not meet the Table 1 Standards, unless
the Applicant has demonstrated to the satisfaction of the
Director that the existing ambient soil quality of the
receiving site does not meet Table 1 Standards or that the
Placing or Dumping of Soil that meets Table 2 Standards
would not have a detrimental effect on ground water;
(b) any Fill that contains putresible material; and
(c) bio-solids created by the paper manufacturing process,
either in the form or pure paper fibre bio-solids or as mixed
with other material to form products known as "nitro-sorb",
"sound-sorb", or other products with similar composition.
5.2(b) Permit fees shall be as follows:
Minor Fill Operation $250
Small Fill Operation $500
Large Fill Operation $1000>500m3 plus $1.00/m3 of fill
5.2(f) a certificate of the Owner, Applicant and each qualified expert
referenced in section 5.2(e) certifying that the Fill contains no
Contaminated Fill;
5.2(f.1) such other studies and reports as are necessary to properly
assess the application, including studies and reports required
under the Clarington Official Plan and the Oak Ridges Moraine
Conservation Plan, and fees to cover the peer review of such
studies and reports if deemed necessary by the Director;
5.2(h) security in a form and in an amount satisfactory to both the
Director and the Director of Finance to secure the proper Dumping
or Placing of Fill as described in the Permit and all work required
as a condition of Permit issuance including erosion and sediment
control, signage, mud cleanup, dust control and road damage.
3. Section 3.2 and clauses 3.2 (d) and (e) of Site Alteration By-law 2008-114 are
amended by deleting the word "Fill" and substituting therefor the word "Topsoil".
4. Clause 3.2 (d) of Site Alteration By-law 2008-114 is amended by deleting "30
cubic metres" and substituting therefor 10 cubic metres".
5. Clause 3.2 (e) of Site Alteration By-law 2008-114 is amended by deleting the "60
cubic metres" and substituting therefor "20 cubic metres".
6. Section 3.3 of Site Alteration By-law 2008-114 is amended by adding the
following words "up to a maximum of 100 cubic metres" after the word "Practice".
7. Section 5.5 of Site Alteration By-law 2008-114 is amended by adding the
following words: "or any emergency work (as determined by the Director) that the
Municipality is required to undertake on the Owner's behalf'.
8. Section 6.2 of Site Alteration By-law 2008-114 is amended by deleting the words
"contaminants as defined in the Environmental Protection Act' and substituting
therefor the words "Contaminated Fill".
9. Noise By-law 2007-071 is amended by adding the following section:
3.3.1 Notwithstanding anything contained in this By-law, a noise curfew shall
apply (a) from 7:00 p.m. to 7:00 a.m., Monday to Saturday; (b) from 5:00
p.m. Saturday to 7:00 a.m. Monday; and (c) all day on statutory holidays,
to any noise in relation to work undertaken pursuant to a permit issued
under Site Alteration By-law 2008-114.
10. Sections 1 and 2 of this by-law shall not apply to (a) any application for a permit
made under section 5 of Site Alteration By-law 2008-114 on or before the date of
passage of this by-law; or (b) any application to renew a permit under section 7.2
of Site Alteration By-law 2008-114 made on or before the date of passage of this
by-law.
11. This by-law shall be effective on the date that it is passed.
By-law passed this 26th day of March, 2012.
Municipai Clerk