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BYLAW 37-23
A BYLAW OF THE TOWN OF OKOTOKS
IN THE PROVINCE OF ALBERTA
TO REGULATE GRADING AND LANDSCAPING
WHEREAS pursuant to the provisions of the Municipal Government Act (Act), RSA
2000, M-26, and amendments thereto, Council may pass a bylaw for the purpose of
regulating surface grades and residential landscaping within the Town of Okotoks
Town); and
WHEREAS the Act authorizes a municipality to work with development and provide for
a system of permits; and
WHEREAS Council deems it desirable to ensure that properties are graded at the
completion of construction processes in compliance with approved grades; and
WHEREAS Council deems it desirable to regulate the residential landscaping of newly
built properties for the purposes of water conservation; and
WHEREAS the Act specifies that the purpose of a municipality is to foster the well-being
of the environment and to provide what is necessary for the municipality to continue to
do so.
NOW THEREFORE the Council of the Town enacts as follows:
1.
SHORT TITLE
1.1.
This Bylaw shall be known as the "Grading and Landscaping Bylaw".
2.
DEFINITIONS
In this Bylaw, unless the context otherwise requires, the following means:
2.1.
As Built Grade Plan - a post-construction plan that bears the stamp or seal of a:
2.1.1.
Practitioner, as that term is used in the Land Surveyors Act R. S.A. 2000
c. L3 and amendments thereto; or
2.1.2.
Professional Engineer as that term is used in the Engineering and
Geophysical Professionals Act R. S. A. 2000 c. E- 11 and amendments
thereto.
2.2.
As Built Survey - a record of the existing or re-development of a building and
Lot as they are built during construction.
2.3.
As Constructed Grade Certificate - a form completed within the Town provided
electronic means in accordance with this Bylaw and includes an As Built Grade
Plan.
BYLAW 37-23
Page 2 of 12
2.4.
As Constructed Grade Certificate Verification of Compliance - a certification
as issued through electronic means.
2.5.
Builder - a Person who builds a building on a Parcel or Lot.
2.6.
Building - anything constructed or placed on, in, over, or under land but does not
include a highway or public road or a bridge that forms part of a highway or
public road.
2.7.
Certificate of Non-compliance - a document issued to the Person responsible
when an As Constructed Grade Certificate, as submitted to the Town, is
incomplete or non-compliant.
2.8.
Chief Administrative Officer (CAO) - the person appointed to the position of the
chief administrative officer for the Town of Okotoks, within the meaning of the Act
and the Town's CAO Bylaw.
2.9.
Council - the Mayor and Councillors of the Town of Okotoks duly elected
pursuant to the provisions of the Local Authorities Election Act as amended, or
any legislation in replacement or substitution thereof .
2.10. Developer - a Person who develops a Parcel or Lot.
2.11. Development Permit - a document that is issued under the Land Use Bylaw and
authorizes a development.
2.12. Drainage Course - a natural or constructed surface depression channelling
water at a positive grade across a Lot or Parcel and ultimately to a storm sewer
system.
2.13. Drought Tolerant Turfgrass - grasses that can withstand periods of drought
and are suited for hot, dry climates, dealing well with limited water availability due
to water restrictions as they need less water than other types of grass. These turf
grass mixes contain less than 30% Kentucky bluegrass or are certified by the
Turf Water Conservation Alliance.
2.14. Final Building Occupancy Inspection - a final written notice or a field notice or
similar document issued by a designate appointed by the CAO prior to
occupancy of a Building.
2.15. Grade Slip - a document issued to a Person by the Town, or, in the case of a
new subdivision, to a Builder by a Developer, and containing the approved and
required final surface grades and elevation for a Parcel or Lot.
2.16. Grading - the movement and contouring of subsoil and the placement of Topsoil
on a Parcel or Lot to create positive drainage.
BYLAW 37-23
Page 3 of 12
2.17. Hard Landscaping - those non-living materials used in the landscaping features
or which cover a Site that include (but are not limited to) paving material, wooden
timbers, concrete products, playground equipment, and streetscape furniture.
2.18. Infill - building new structures to replace aging structures in established
communities.
2.19. Landscaped Area - that portion of a site required to be planted with trees,
shrubs or other vegetation including the soil or bedding material areas associated
with plantings. A Landscaped Area does not include the footprint of a Building,
decks, patios, sidewalks, driveways, or other similar hard landscaping.
2.20. Landscaping - the modification and enhancement of a Parcel or Lot, in
compliance with the Town of Okotoks Land Use Bylaw, through the use of the
following elements but not limited to:
2.20.1. soft or natural Landscaping consisting of vegetation such as trees,
shrubs, hedges, turf grass and other ground cover;
2.20.2. mulch, a layer of organic or inorganic material, spread over the bare
surface of soil to block the loss of moisture and to discourage the growth
of weeds;
2.20.3. Hard Landscaping consisting of non-vegetative materials, and
2.20.4. excluding the placement of Topsoil, which is included within the Grading
process.
2.21. Lot Grade Permit - the permit issued by the Town pursuant to this Bylaw in
relation to the surface grades of a Parcel or Lot.
2.22. Lot Grade Tolerances - the set of minimum permitted grades and permitted
variations, as set out in Schedule A, between a Plot Plan elevation and slope
requirements, and the elevations and slopes on a Parcel As Built Grade Plan, to
which a Lot Grade Permit applies.
2.23. Owner - a Person:
2.23.1. who is registered under the Land Titles Act as the Owner of a Parcel of
land; or
2.23.2. who is recorded as the Owner of a property on the tax assessment roll of
the Town; or
2.23.3. who has purchased or otherwise acquired a Parcel of land, whether
purchased or otherwise acquired the land directly from the Owner or
from another purchaser, and has not yet become the registered Owner
thereof; or
2.23.4. holding out as the Person having the powers and authority of Ownership
of a property or premises or who for the time being exercises the powers
and authority of Ownerships; or
2.23.5. controlling a property or premises under construction, or
2.23.6. who is the occupant of a property or premises pursuant to a rental or
lease agreement, license, or permit.
BYLAW 37-23
Page 4 of 12
2.24. Parcel or Lot - the aggregate of one or more areas of land described in a
certificate of title or described in a certificate of title by reference to a plan filed
and, or, registered in the Land Titles Office.
2.25. Peace Officer - a Person defined as a peace officer under the Peace Officer Act
and includes:
2.25.1. a member of the Royal Canadian Mounted Police;
2.25.2. a duly appointed Community Peace Officer employed by the Town; and
2.25.3. a Bylaw Enforcement Officer appointed by the Town to enforce bylaws of
the Town.
2.26. Permeable Landscaping - areas made of various plants, turf grass, and mulch
that allow water to infiltrate the soil, and must make up at least 60% of the
landscaped area.
2.27. Person - an individual, a corporation, or any other legal entity.
2.28. Person Responsible - a Builder, general contractor, Developer or Owner as the
case may be.
2.29. Plot Plan - a plan view of a Lot indicating the location on a Parcel or Lot of the
following:
2.29.1. all corner grades of the Parcel or Lot;
2.29.2. proposed Landscaping grades at all comers of a main Building, deck(s),
garage(s) and ancillary Buildings;
2.29.3. drainage pattern of the Parcel or Lot;
2.29.4. the percentage of grades.
2.30. Topsoil - the 30cm upper layer of soil.
2.31. Town - the Town of Okotoks, a municipal corporation in the Province of Alberta,
and where the context so requires means the area of land within the corporate
boundaries thereof.
2.32. Turfgrass - any cool season turf species, variety or blend, including but not
limited to Kentucky bluegrass and certain Fescues.
3.
INTERPRETATION
3.1.
Nothing in the Bylaw relieves a Person from complying with any federal,
provincial, or municipal law or regulation, other bylaw or any requirement of any
lawful permit, order or license.
3.2.
Where this Bylaw refers to any bylaw, act, regulation, or agency, it includes
reference to the entire bylaw, act, regulation or any lawful permit or order of
license.
BYLAW 37-23
Page 5 of 12
4.
LOT GRADE PERMIT
4.1.
Prior to the commencement of construction of the Parcel or Lot, every Person
responsible for the Grading of a residential Parcel or Lot, not requiring a
Development Permit pursuant to the Town's Land Use Bylaw, shall obtain a Lot
Grade Permit from the Town with respect to the Parcel or Lot on which the
Grading is to take place.
4.2.
A Plot Plan must be submitted with a Lot Grade Permit application and shall
meet all the requirements stated in Section 2.29 and be drawn to a 1:200 metric
scale.
4.3.
All information on the Plot Plan shall be legible.
4.4.
A fee, as set out in the Town's Fees, Rates, and Charges Bylaw may be charged
for the issuance of a Lot Grade Permit.
5.
AS CONSTRUCTED GRADE CERTIFICATE AND AS-BUILT GRADE PLAN
5.1.
Every Person Responsible to whom is issued a Lot Grade Permit for the Grading
of a residential Parcel or Lot, not requiring a Development Permit pursuant to the
Town's Land Use Bylaw must, within twelve (12) calendar months of the Final
Building Occupancy Inspection, submit to the Town an As Constructed Grade
Certificate in accordance with Section 2.3. of this Bylaw respecting the Parcel or
Lot and construction to which the Lot Grade Permit applies.
5.2.
Every Builder is responsible for informing an Owner of a Parcel or Lot that the
Owner cannot undertake Landscaping of the Parcel or Lot until the As
Constructed Grade Certificate has been verified for compliance with this Bylaw
by the Town and the Owner has received an As Constructed Grade Certificate
Verification of Compliance (VOC) from the Town.
5.3.
Every As Constructed Grade Certificate required pursuant to this section must
certify that:
5.3.1.
the lot grading as shown on the As Built Grade Plan will provide positive
drainage of the Parcel or Lot to a Drainage Course or storm sewer
system and will not have any adverse affect on adjacent property
Owners;
5.3.2.
the lot grading as shown on the As Built Grade Plan will meet the
tolerances and required minimums set out in Schedule A;
5.3.3.
the elevations for the top of footings as shown on the As Built Grade
Plan conform with the submitted Plot Plan;
5.3.4.
the finished Topsoil depth in the area to be landscaped is a minimum of
30.48 cm (12 inches) average uniform depth, not to exceed 50 cm (19
inches) as indicated at a minimum of three representative test locations
as detailed on the As Built Grade Plan; and
5.3.5.
the Topsoil in the area to be landscaped is of the quality stated in
Section 7.2.
BYLAW 37-23
Page 6 of 12
5.4.
Every As Built Grade Plan must:
5.4.1.
contain both the proposed Lot elevation on the Plot Plan and the as built
Lot elevations;
5.4.2.
contain the as built drainage slopes;
5.4.3.
indicate whether the Parcels on either side of the property to which the
As Constructed Grade Certificate applies are vacant, under construction
or built and loamed;
5.4.4.
indicate the measured soil depth at three representative test locations
within the Lot's Landscaped Areas;
5.4.5.
be stamped in accordance with Section 2.1 of this Bylaw, to certify that
the final Lot grades have been reviewed and certified within twelve (12)
calendar months of the Final Building Occupancy Inspection.
5.5.
Prior to the submittal of an As Constructed Grade Certificate to the Town, the
Land Surveyor shall sign the As Constructed Grade Certificate evidencing their
professional certification of the information contained therein.
5.6.
An Owner shall not begin Landscaping a Parcel or Lot until they have received
the As Constructed Grade Certificate VOC from the Town. Modification of the Lot
grades after the issuance of an As Constructed Grade Certificate VOC by the
CAO shall not adversely affect or modify the drainage pattern of the approved
grades.
5.7.
An As Constructed Grade Certificate VOC, shall be evidence only that the
information contained within the As Built Grade Plan and As Constructed Grade
Certificate as certified, is compliant with the requirements of this Bylaw. Field
confirmation accuracy by the Town is not included within the VOC.
5.8.
The CAO will issue a Certificate of Non-compliance to the Person Responsible, if
an As Constructed Grade Certificate, as submitted to the Town, is incomplete or
non-compliant.
5.8.1.
If the Person Responsible fails to respond to the CAO within the times
set out within As Constructed Grade Certificate notice of non-
compliance, they are guilty of an offence.
5.8.2.
The applicant must meet the requirements of the As Constructed Grade
Certificate and resubmit the As Constructed Grade Certificate to the
Town.
5.8.3.
A fee, as set out in the Town's Fees, Rates, and Charges Bylaw, may be
charged for the resubmission of the As Constructed Grade Certificate.
5.9.
Every Person Responsible who, having the obligation to file an As Constructed
Grade Certificate fails to do so either within the times set out within Section 5.1 or
within the time as set out in an extended filing date granted by the CAO, is guilty
of an offence.
5.10. Any Person Responsible who knowingly certifies or verifies incorrect information
in relation to Sections 5.3 and 5.5 or fails by due diligence to determine the true
facts, is guilty of an offence.
BYLAW 37-23
Page 7 of 12
5.11. Every Owner has the right to request a site inspection by the Town of any items
contained within the As Constructed Grade Certificate and As Built Grade Plan of
their Parcel or Lot within one year of receiving the As Constructed Grade
Certificate VOC. The request and site inspection must be conducted prior to the
commencement of Landscaping of the Parcel or Lot.
5.12. An officer designated by the CAO may conduct a site inspection of any Parcel or
Lot after an As Constructed Grade Certificate VOC has been issued.
5.13. The CAO may enter onto a Parcel or Lot at reasonable times for the purposes of
inspection after reasonable notice has been given to the Owner.
5.14. Any Owner that refuses a site inspection waives their right to request future site
inspections pursuant to Section 5.11 of this Bylaw.
5.15. If a new Lot configuration is created, such as Infill or re-development, an As Built
Survey will be required for the existing Lot and adjacent property line showing the
revised Drainage Course for the property including drainage connection to all
adjacent properties.
6.
ROLE OF THE TOWN
6.1.
In the event that a Person Responsible for Grading referred to in this Bylaw
determines prior to or during Grading that grades or elevations contained in a
Grade Slip and/or tolerances in this Bylaw will not achieve adequate site
drainage or are otherwise inappropriate, then the Person Responsible shall
forthwith resubmit a revised Plot Plan to the CAO prior to submitting the As
Constructed Grade Certificate.
6.2.
The revised Plot Plan shall indicate that the Person Responsible has reviewed
and approved the revised Plot Plan. The Person Responsible's printed name, the
date of approval and signature shall be included on the revised Plot Plan. The
revised Plot Plan shall be forwarded to the CAO for review and acceptance.
Once the revised Plot Plan has been reviewed and accepted by the CAO, the
revised Plot Plan shall take precedence over the Plot Plan submitted with the Lot
Grade Permit. A signed and dated copy of the revised Grade Slip shall be
forwarded to the Person Responsible by the CAO.
6.3.
Every Person Responsible to whom is issued a Lot Grade Permit may apply to
extend a filing date provided by this Bylaw.
6.4.
A Person Responsible may apply in writing to the CAO for an extension of time to
file an As Constructed Grade Certificate.
6.5.
A non-refundable fee, as set out in the Town of Okotoks Rates, Fees and
Charges Bylaw must accompany any written request to extend an As
Constructed Grade Certificate filing deadline.
BYLAW 37-23
Page 8 of 12
6.6.
A Person Responsible may apply in writing to the CAO to extend any other time
or date by which something is required to be done under this Bylaw.
6.7.
A request to extend a time or date pursuant to this section must be submitted to
the Town at least five (5) clear business days prior to the expiration of the time or
date the applicant is seeking to have extended.
6.8.
Upon receiving a request for an extension of time pursuant to this section, the
CAO may:
6.8.1.
grant an extension of time or refuse to grant an extension of time;
6.8.2.
attach any conditions to an extension of time that the CAO considers
appropriate;
6.8.3.
provide a written decision regarding that request.
6.9.
An extension of time to file an As Constructed Grade Certificate pursuant to this
section shall be at the discretion of the CAO.
6.10. An extension of time to file an As Constructed Grade Certificate pursuant to this
section shall only be granted once.
7.
LANDSCAPING REQUIREMENTS
7.1.
No Owner shall remove Topsoil from a Parcel or Lot after an As Constructed
Grade Certificate VOC has been issued unless authorized by the CAO.
7.2.
All Topsoil:
7.2.1.
is required to consist of a loam-textured dark Topsoil, a fertile, friable
material neither of heavy clay nor of very light sandy nature containing
by volume a minimum of 6% to a maximum 25% organic matter (i.e.
rotted manure, and/or composted material) and capable of sustaining
vigorous plant growth;
7.2.2.
shall be free of subsoil contamination, roots, stones over 25mm in
diameter, baler twine or subsoil clay lumps over 25mm in diameter and
other extraneous matter;
7.2.3.
shall not contain quack grass rhizomes, Canada thistle roots or other
noxious weeds. Upon delivery or 30 days following delivery, electrical
conductivity shall be less than 4.00 dS/m on a saturated paste basis.
The pH range shall be between 6.0 and 8.0 ;
7.2.4.
may be either on-site Topsoil or imported Topsoil (from within Town
boundaries). On-site Topsoil which has been stockpiled properly can be
reused and remediated with organic material;
7.2.5.
will have a smooth and firm finished surface with a loose texture.
7.3.
All Builders and Developers shall ensure that finished grades meet flush and
smooth with adjacent grades and surfaces such as curbs, manholes, sidewalks,
etc. and that the minimum depth of Topsoil shall be 300mm in all Landscaped
Areas.
BYLAW 37-23
Page 9 of 12
7.4.
A minimum of 60% of the combined Hard Landscaping and Landscaped Area
must be Permeable Landscaping.
7.5.
Should the quality of Topsoil be in question, the Town will request the Developer
to test the Topsoil (prior to placement) to these specifications.
7.6.
The Town of Okotoks reserves the right to reject Topsoil not conforming to these
requirements.
7.7.
Living Turfgrass that is installed in all new residential properties must be a
species of Drought Tolerant Turfgrass that must be a plant or seed that will grow
into a mature live plant and be certified by the Turf Water Conservation Alliance
TWCA) or consist of a seed mixture of less than 30% Kentucky Bluegrass.
7.8.
The Owner shall not begin Landscaping a Parcel or Lot until they have received
the As Constructed Grade Certificate VOC from the Town.
8.
YARDS LANDSCAPED PRE-BYLAW
8.1.
New Lots landscaped prior to this Bylaw coming into force do not need to modify
the existing Turfgrass, unless so desired by the homeowner, to meet the
requirements of this Bylaw.
9.
PENALTIES AND ENFORCEMENT
9.1.
Where a Peace Officer believes that a Person has contravened any provision of
this Bylaw, the Peace Officer may commence proceedings against the Person by
issuing a violation ticket pursuant to the Provincial Offences Procedures Act.
R.S.A. 2000, c. P-34.
9.2.
The specified penalty payable in respect of a contravention of a provision of this
Bylaw is as provided for in Schedule B of this Bylaw.
9.3.
Schedule B shall not prevent any Officer from issuing a violation ticket requiring a
court appearance by a defendant pursuant to the provisions of the Provincial
Offences Procedures Act, R.S.A. 2000 c. P-34, or from laying an information in
lieu of issuing a violation ticket.
9.4.
The levying and payment of any penalty, or the imprisonment for any period as
provided for in this Bylaw shall not relieve a Person from the necessity doing
anything or of paying any fees, charges or costs for which that Person is liable
under the provisions of this Bylaw or any other bylaw.
9.5.
Any Person who contravenes any provision of this Bylaw by:
9.5.1.
doing any act or thing which the Person is prohibited from doing; or
YLAW 37-23
Page 10 of 12
9.5.2.
failing to do any act or thing the Person is required to do; is guilty of an
offence and any offence created pursuant to this Bylaw is a strict liability
offence for the purposes of prosecution under this Bylaw.
9.6.
Nothing in this Bylaw relieves a Person from complying with any provision of any
federal or provincial law or regulation, other bylaw, or any requirement of any
lawful permit, order or license.
9.7.
Any Person who contravenes any provision of this Bylaw is guilty of an offence
and is liable on summary conviction to a fine not more than Ten Thousand
10,000.00) Dollars and not less than Fifty ($50.00) Dollars and in default of
payment is liable to imprisonment for a term not exceeding six (6) months or
both.
10.
TRANSITION AND COMING INTO FORCE
10.1. This Bylaw shall apply to the Grading and Landscaping of a residential Parcel or
Lot, not requiring a Development Permit pursuant to the Town's Land Use Bylaw,
pursuant to any Lot Grade Permit with an application dated on or after January 1,
2024.
11.
SEVERABILITY
11.1. It is the intention of Council that each separate provision of this Bylaw shall be
deemed independent of all other provisions herein and it is the further intention of
Council that if any provision of this Bylaw is declared invalid, all other provisions
hereof shall remain valid and enforceable.
Bylaw 15-12 and any amendments thereto are hereby repealed upon this Bylaw coming
into effect.
This Bylaw shall come into full force and effect upon third and final reading.
READ A FIRST TIME this 23rd day of October 2023.
READ A SECOND TIME this 23rd day of October 2023.
READ A THIRD TIME AND PASSED this 20th day of November 2023.
Mayor
Chief Administrative Officer
BYLAW 37-23
Page 11 of 12
SCHEDULE A
Item
Acceptable Grade
Tolerances Between
Grade Slip & As Built
Over-riding
Minimum Grades
Other
Top of Footing
Verification
0.15 meters (6
inches)
Top of footing must
not be lower than
the recommended
lowest top of footing
per Grade Slip.
Alternative design
required from
Developer's
Engineer authorized
for construction by
the Town of Okotoks
Engineering
Services.
Side Yard
Gradient
2% grade
A clearance of not
less than 200 mm
shall be provided
between finished
ground and cladding
that is adversely
affected by
moisture.
Front and Read
Lot Gradient
2% grade
A clearance of not
less than 200 mm
shall be provided
between finished
ground and cladding
that is adversely
affected by
moisture.
Concrete
Driveways,
Sidewalks and
Patios
2% grade from
garage entrance or
house or building
foundation wall to
back of curb edge of
pavement of
sidewalk.
Not applicable to
driveways in cases
where below-grade
garages are
approved pursuant
to a Development
Permit.
Walkout
Foundations
Only - Rear
Grade to the
Top of Walkout
Wall
Minimum 0.15 meters
6 inches)
Minimum 0.15
meters (6 inches)
and a 2% grade.
A clearance of not
less than 200 mm
shall be provided
between finished
ground and cladding
that is adversely
affected by
moisture.
Property Lines
0.05 meters (2 inches)
or less
BYLAW 37-23
Page 12 of 12
SCHEDULE B
Section
Offence
Penalty
4.1, 4.2
Failure to obtain Lot Grade Permit prior to beginning of
constructions.
1000
5.1
Failure to file an As Constructed Grade Certificate within
12) twelve calendar months of receiving the Final Building
Occupancy Inspection approval.
1000
5.2
False certification made on As Built Grade Plan and/or
within the As Constructed Grade Certificate.
1000
5.2
False verification within the As Constructed Grade
Certificate.
250
5.8.1
Incomplete or Non-Compliant As Constructed Grade
Certificate.
100
5.9, 7.8
Landscaping Lot prior to receiving the As Constructed
Grade Certificate VOC from the Town.
500
7.7
Failure to install Drought Tolerant Turfgrass (plant or seed)
when planting turfgrass on new home build landscape.
500