Loading...
HomeMy WebLinkAboutLGS-031-23Clarftwn Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: November 6, 2023 Report Number: LGS-031-23 Submitted By: Rob Maciver, Deputy CAO/Solicitor Reviewed By: Mary -Anne Dempster, CAO Resolution#:GG-185-23 File Number: L-1000-11 By-law Number: Report Subject: Site Alteration By-law Review Recommendations: 1. That Report LGS-031-23, and any related delegations or communication items, be received; 2. That Staff in the Legislative Services and Planning and Infrastructure Services Departments conduct a public consultation on proposed changes to the Clarington Site Alteration By-law, and report back to Council with a new draft by-law to replace the existing by-law; and 3. That all interested parties listed in Report LGS-031-23, and any delegations be advised of Council's decision. Municipality of Clarington Report LGS-031-23 Report Overview Page 2 Due to a variety of factors, including changes to Provincial regulation, enforcement challenges, and administrative obsolescence, the Clarington Site Alteration By-law 2008-114 requires updating. Report LGS-031-23 is seeking direction for Staff in the Legislative Services and Planning and Infrastructure Services Departments to undertake a comprehensive process to consult with the public and to prepare a new Site Alteration By- law that will best address our current challenges and changing needs. 1. Background 1.1 Section 142 of the Municipal Act, 2001, specifically authorizes a local municipality to prohibit or regulate the placing or dumping of fill, the removal of topsoil, and the alteration of the grade of the land. It also authorizes a local municipality to require that a permit be obtained for the placement or removal of fill, and to 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. These activities are collectively referred to as "site alteration". 1.2 Effective regulation of site alteration is an extremely important function, especially for a municipality like Clarington that is witness to explosive development potential and that is an attractive target as a destination for excess fill from development activities across the Greater Toronto Area. 1.3 The current Clarington Site Alteration By-law was enacted in 2008 with the intention of preventing the kinds of problems associated with unrestricted importation or removal of fill, and uncontrolled changes to the grade of land. In the most extreme cases these problems could include the unmonitored importation of fill from unknown sources with the potential to contain hazardous contaminants, and changes to the grade that are detrimental to the natural environment. 1.4 Site alteration is a challenging area of regulation, in part due to the imaginative efforts by some businesses and individuals to circumvent the rules. Enforcement and prosecution of site alteration offences also tends to be difficult and time consuming due to the fly-by-night character of some fill operations, and the dilution of responsibility between property owners, construction companies, hauling companies, and individual truck drivers. 1.5 It should also be noted that the financial incentives associated with illegal filling operations can be considerable. Large fill sites have the potential to generate revenues in the millions of dollars to the detriment of human and environmental health, and municipalities such as Caledon and Whitchurch-Stouffville have found themselves Municipality of Clarington Report LGS-031-23 Page 3 waging expensive legal battles with a small number of unscrupulous but well -financed property owners who are determined to challenge all efforts at regulation. 1.6 In recognition of the public interest associated with site alteration, and the negative impacts of the importation of contaminated fill, the Province of Ontario has promulgated a regulation to the Environmental Protection Act (O. Reg. 406/19) that pertains to the management of on -site and excess soil. The regulations require, among other things, that excess soil be tested for contaminants prior to being exported to another location, and that the source of excess soil be certified prior to arrival at an offsite destination. 2. Proposal for Review of the Site Alteration By-law 2.1 Given the circumstances described above, it has become a pressing need for Clarington to undertake a comprehensive review of the existing Site Alteration By-law 2008-114 to address known issues, and to update municipal regulations in accordance with the Provincial changes and best practices that have emerged since the time the current by- law was enacted some 15 years ago. 2.2 A partial list of specific topics for review includes: • necessary updates related to the on -site and excess soil management regulations under the Environmental Protection Act; • review and reconsideration of activities exempted under the current by-law in light of the potential for abuse; • tightening of regulation surrounding permit application processes and conditions; • clarification of the responsibilities among property owners and various industry actors; • various clarifications, improvements, and "housekeeping" amendments; and • introduction of a set fine regime to support more effective enforcement. 2.3 As a component of the by-law review, it is recommended that Staff give public notice that a new Site Alteration By-law is under development and to invite public input. It is proposed that Staff would organize a public meeting for the purpose of collecting input about changes that are needed to the current Site Alteration By-law, and that certain local landscaping and excavation businesses would be specifically invited to participate. Any input received thought the process would be carefully considered by Staff for inclusion in any subsequent recommendations to Council. Municipality of Clarington Report LGS-031-23 Page 4 2.4 It is proposed that a complete list of required and suggested changes would be generated following the input received from the public, and that a new Site Alteration By-law would be prepared and presented to Council for enactment in 2024. 3. Financial Considerations Not Applicable 4. Concurrence This report has been reviewed by the Director of Planning and Infrastructure Services who concurs with the recommendations. 5. Conclusion It is respectfully recommended that Council provide the direction to Staff contained in Report LGS-031-23 to confirm Council's support for the process to undertake a comprehensive review of Clarington's current Site Alteration By-law, which process shall include public consultation. Staff Contact: Rob Maciver, Deputy CAO/Solicitor, 905-623-3379 ext. 2013 or rmaciver@clarington.net. Attachments: Not Applicable Interested Parties: List of Interested Parties available from Department.