Soil Deposit and Removal Regulation Bylaw No. 8106, 2019
New Westminster, British Columbia
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CORPORATION OF THE CITY OF NEW WESTMINSTER
Soil Deposit and Removal Regulation Bylaw No. 8106, 2019
A Bylaw to regulate the deposit and removal of soil or other material on land in the City
And WHEREAS pursuant to the Community Charter, SBC 2003, c.26 as amended, the
City is authorized to regulate, prohibit and impose requirements for the removal and
deposit of soil or other material;
NOW THEREFORE, the Council of the Corporation of the City of New Westminster in
open meeting assembled, ENACTS AS FOLLOWS:
Name of Bylaw
1.
This Bylaw may be cited for all purposes as "Soil Deposit and Removal
Regulation Bylaw No. 8106, 2019".
Definitions
2.
In this Bylaw:
a) "Bylaw Officer" means a person appointed as such by the City to enforce City
bylaws;
b) "City" means the Corporation of the City of New Westminster;
c) "Council" means the municipal council of the City of New Westminster;
d) "Deposit" or "Deposit operation" means the act of temporarily or permanently
placing soil or other material on any lands within the City other than that
where it originated, including a stockpile or other storage facility;
e) "Development" means the subdivision of land or the construction of a building
or structure on land which results in a requirement for the installation of works
and services under this Bylaw;
f) "Director of Engineering" means the Director of Engineering for the City, or
his or her authorized representative;
g) "Fees and Rates Bylaw" means the current Engineering Fees and Rates
Bylaw No. 7553, 2013 as amended by Council from time to time.
h) "Highway" includes a street, road, lane, bridge, viaduct and any other way
open to public use, other than a private right-of-way on private property;
i)
"Invasive Species" are those which occur outside their natural range and can
have significant ecological, social and/or economic impacts once
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established, and include noxious weeds as defined by the provincial Weed
Control Act;
i) "Other Material" means construction or demolition waste but not limited to
masonry rubble, concrete rubble, asphalt, unchipped lumber, drywall, glass,
plastic debris and tree stumps, and includes wood waste;
j) "Owner" includes the registered owner of an estate in fee simple of land, and
also where the context or circumstances so require:
i) a tenant for life under a registered life estate;
ii) a registered holder of an agreement for sale;
iii) a holder or occupier of land held in the manner mentioned in sections
228 and 229 of the Community Charter;
iv) a lessee with authority to build on land;
v) the strata corporation in the case of a lot under strata ownership;
vi) all persons authorized to act for or on behalf of the registered owner of
the lot; and
vii) in respect of water lot includes an occupier, tenant or holder of an
interest in respect of the surface of the water;
k) "Parcel" means any lot, block or other area in which land is held or into which
land is subdivided but does not include a highway;
l) "Permit" means the written authority granted by the Engineer under this bylaw
for the deposit or removal of soil or other material upon land within the City;
m) "Project Geotechnical Engineer" means an engineer registered with the
Engineers and Geoscientists of B.C. as a geotechnical engineer;
n) "Registered Professional" means an engineer, geoscientist, agrologist,
environmental consultant, soil scientist, biologist, or land surveyor who is
registered with a professional association that is regulated by a statute,
appointed to act in the capacities described under the sections of this bylaw
requiring a registered professional;
o) "Removal" or "Remove" means the transportation of soil or other material
from any lands within New Westminster on which it exists or has been
deposited, to another location;
p) "Soil" means clay, silt, sand, gravel, cobbles, boulders, peat or other
substances of which land is naturally composed;
Prohibition and Permit Requirement
3.
No person shall cause or permit the deposit or removal of soil from any land
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within the City unless that person has first obtained a permit in accordance with
this Bylaw.
4.
No person shall cause or permit the deposit of other material on any land within
the City unless that person has first obtained a permit in accordance with this
Bylaw.
Exemptions from Permit Requirement
5.
Provided the deposit or removal is carried out in compliance with the relevant
provisions in the Bylaw and the previous and current land use in the site is not
for industrial or commercial purposes and activities described in Schedule 2 of
the Contaminated Site Regulation, a permit is not required where the deposit or
removal of soil:
a) does not exceed 150 millimetres in depth at any point on the parcel within
any 24 month period, and:
i) where slopes do not exceed one metre vertical to five metres horizontal
(20 percent); and
ii) where the deposit or removal is conducted outside 30 metres of the
crest or toes of slopes steeper than one metre vertical to five metres
horizontal (20 percent); and
b) is less than 10 cubic metres if placed on or removed from a land parcel within
any 24 month period.
c) is required for the construction or maintenance of a private sewage disposal
system or septic field for which a Provincial permit or approval has been
granted;
d) is provided by a bona fide processor of construction aggregates required for
the construction or installation of a roadway, utility service, dyke or other
service;
e) is an ingredient or component part of processed or manufactured materials
where such materials are stockpiled on land where they are, under licence
from the City, being processed or manufactured;
f) is by a florist, grower, nursery or horticulturist on lands owned by that person
and in connection with such trade or business;
g) is related to the construction of a development where the removal is in
accordance with the approved drawings submitted as part of the application
for a building permit;
h) is required for the construction, maintenance or repair of works and services
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within a highway or municipal works by or on behalf of the City.
Permit Application
6.
Every application for a permit pursuant to this Bylaw shall be made in writing to
the Director of Engineering and shall include:
a) a non-refundable application fee in the amount specified in the Fees and
Rates Bylaw;
b) a deposit of security in accordance with the requirements of Section 7;
c) proof satisfactory to the City that the owner is in possession of all permits or
approvals required under the Environmental Management Act;
d) plans of the lands upon which the owner proposes to make the deposit or
removal, prepared by a B.C. Land Surveyor or Registered Professional of the
Province of British Columbia, which shall include:
i) a fill plan as prepared by the Project Geotechnical Engineer;
ii) a final site grading plan as prepared by the Project Geotechnical
Engineer;
iii) contour plans of the lands, to a scale of not less than 1:5000 metric,
showing contours at a vertical interval suitable to describe the existing
terrain of the lands and the relation to that of the adjoining lands and
highways and showing the proposed geodetic survey of Canada
(G.S.C.) datum elevations of the lands after the deposit or removal has
been made. In the case of preload deposits, the plans shall show the
proposed elevation of the preload, and the proposed final elevation after
preload removal. Where the lands are subject to a "Flood Construction
Level" restriction imposed under a flooding covenant, and where the
deposit is proposed to achieve that "Flood Construction Level", the final
G.S.C. datum elevation of the deposit may not exceed the "Flood
Construction Level" plus an allowance for long-term settlement, as
approved by the Director of Engineering;
iv) full particulars of the present use, occupancy and condition of the lands
upon which the deposit or removal is proposed and of those portions of
adjacent lands which may be affected by the proposed deposit or
removal, including all pertinent topographic features, buildings,
structures and tree cover existing on the lands, highways and highway
allowances, foot paths, watercourses, water table drainage facilities,
wells, private sewage disposal systems, fence lines, facilities existing for
pedestrian and vehicular traffic (indicating the suitability of same for
carrying the type and volume of traffic to be generated by the deposit or
removal), utilities, services and other existing facilities;
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v) the proposed slopes which will be maintained during and upon
completion of the deposit or removal operation;
vi) the proposed methods to control drainage, sediment and erosion, and
soil stability, during and upon completion of the deposit or removal
operation;
vii) the proposed methods of access to the lands during and upon
completion of the deposit or removal operation;
viii) the proposed methods of fencing, enclosing, and clearing the lands to
ensure that no hazard to human or animal life is created or exists;
ix) the proposed location of stockpiles indicating their extent and nature;
x) the proposed location of machinery, buildings, scales and other
structures and improvements to be located on the lands in connection
with the proposed deposit or removal operation;
xi) the proposed traffic management plan that includes trucking routes, trip
frequency and traffic control provision, and for which a street occupancy
permit may be required;
xii) detailed calculations, cross-sections and other engineering data and
pertinent information used in calculating the volume of soil or other
material to be deposited or removed;
xiii) invasive species assessment and management plan by a Registered
Professional to ensure invasive species are not transferred from the
property as a result of any removal operation.
e) other information as the Director of Engineering determines is necessary to
adequately describe the nature and extent of the deposit or removal
operation.
Security
7.
Every owner must, prior to the issuance of a permit, deposit with the City security
in the form of cash or an unconditional, irrevocable letter of credit, in a form
acceptable to the Director of Engineering and drawn on a Canadian financial
institution, in an amount as specified in the Fees and Rates Bylaw. The security
shall be maintained in full force and effect throughout the permit period and
thereafter as may be required by the Director of Engineering. That portion of the
security deposit not required for the purposes of ensuring compliance with this
bylaw and the permit or to repair damage to City property caused by the deposit
or removal operation, shall be returned to the owner. The security deposit will be
released upon completion of final grading and landscaping to the satisfaction of
the City.
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Insurance
8.
Permit holders for a soil removal or deposit where the volume proposed to be
removed or deposited is greater than 15 cubic metres are required to carry
commercial general liability coverage in the amount of $5,000,000 including
liability for bodily injury or death and property damage for the duration of the
work. The amount of insurance may be reduced to $1,000,000 if the volume of
soil to be removed or deposited is not more than 100 cubic metres. Insurance
may be waived by the Director of Engineering when the City is the responsible
party completing the removal or deposit activity.
Permit Issuance
9.
The Director of Engineering may issue a permit in the form prescribed by
Schedule "A" or as amended from time to time and forming part of this bylaw,
where:
a) an application for a permit complies with the requirements of this bylaw;
b) the proposed deposit or removal complies with this bylaw and all other
applicable City bylaws and local, provincial or federal enactments and
regulations;
c) the Director of Engineering, having regard to the documents, plans and
information submitted with the application for a permit, is of the opinion that
the deposit or removal can be carried out safely, without undue nuisance or
interference to adjacent lands or the public, or damage or injury to persons or
property.
10.
A permit will not be issued where the proposed deposit or removal could
reasonably be expected to:
a) endanger, damage or otherwise adversely affect any adjacent land, structure,
highway, easement, utility works and services or right-of-way;
b) foul, obstruct, impede or otherwise adversely affect any stream, creek,
waterway, watercourse, natural drainage path, groundwater aquifer,
waterworks, ditch, drain, sewer or other established drainage facility;
c) contravene any City bylaw, or provincial or federal law; or
d) threaten the health, safety or welfare of the public or be otherwise contrary to
the public interest.
Permit Requirements
11.
Every person who makes a deposit or removal, whether or not a permit is
required or issued, shall comply with the following requirements:
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a) Owners responsible shall comply with applicable federal, provincial, and City
laws, bylaws, regulations and policies in effect during the deposit or removal;
b) Owners responsible shall contain or remove dirt, mud, or debris which may
be tracked onto public roads on a daily basis or more frequently as deemed
necessary by the Director of Engineering;
c) Confirm the location of all nearby underground utilities including sewers,
water mains, electrical and gas lines and telecommunication lines with the
utility owner(s) prior to the commencement of deposit or removal, and such
utility locations noted on the deposit or removal plan submitted to the City and
utility owner.
d) No deposit or removal shall be made over wells or private sewage disposal
systems;
e) The deposit or removal shall not encroach upon, undermine, damage, spill
into or endanger any drainage facility, natural watercourse, waterway, ditch,
service main or connection, highway, public or private property, or where a
permit is issued, any setback area prescribed in the permit. Any
encroachment or damage will be promptly and properly repaired to the
satisfaction of the Director of Engineering at the expense of the Owner;
f) The deposit or removal shall not interfere with the established above ground
or sub-surface drainage flow of any adjoining lands and shall not cause the
groundwater table to rise on adjoining lands so as to cause flooding,
contamination or malfunctioning of any private sewage disposal system or
water supply system. Where necessary, measures consistent with good
engineering practice will be implemented to ensure that any interference or
impact is prevented or mitigated. In no circumstances shall the drainage
measures depress the water table below the summer water table elevation
(approximately low water level in nearby ditches);
g) The deposit or removal shall be graded in such a manner that positive gravity
drainage is assured throughout, and a drainage system consisting of swales,
pipes, ponds or other flow control devices shall be installed which is of
sufficient capacity and extent to ensure that groundwater or surface runoff will
not drain into adjoining lands at greater rates than those existing prior to the
commencement of the operation;
h) No deposit or removal greater than 0.5 metres in depth shall be undertaken
within 2.5 metres of any utility pole, pipeline, structure or highway without
giving prior notice to and receiving approval from the City or other authority
having jurisdiction;
i) No deposit or removal shall be undertaken on a highway, statutory right-of-
way or easement without first obtaining the permission in writing of the City or
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other authority having jurisdiction over such statutory right-of-way or
easement;
j) The slope of any part of an exposed face of any deposit or removal shall not
be greater than the angle of repose necessary for stability of the deposit or
removal in question and the slope shall be retained in accordance with good
engineering practice. Side slopes shall be no steeper than 1.5H:1V.
k) No person shall use washing, crushing, or screening equipment as part of
any deposit or removal unless the person has obtained applicable regional
and/or provincial environmental approvals and the land upon which washing,
crushing or screening equipment is to be located is zoned to permit washing,
crushing or screening use;
l) All hazards or potential hazards arising from deposit or removal shall be
adequately fenced or otherwise protected for the safety of the public, and
suitable weather-proof signs shall be mounted and maintained at intervals of
not greater than 60 metres around the perimeter of the deposit or removal
site with clear, legible wording to indicate the hazard, the nature of the
operation, the presence of an excavation and prohibiting the entry of the
public and all unauthorized persons;
m) Stockpiles of soil or other material shall be confined to the locations
prescribed in the permit and shall be maintained so that they do not adversely
affect or damage adjacent properties or cause a nuisance to any person;
n) Prior to deposit or removal, a contamination assessment of the proposed
deposit or removal material indicating the soil complies with the current
requirements of the British Columbia Ministry of Environment and Climate
Change Strategy standards for the property. The contamination assessment
must be carried out by a Registered Professional acceptable to the Director
of Engineering. No soil or other material shall be deposited until the owner
has received the City's written acceptance of the adequacy of the
contamination assessment data.
o) The owner shall retain a Project Geotechnical Engineer to investigate the site
conditions, design and monitor the removal or deposit operations. The owner
shall not restrict the geotechnical work to less than that considered necessary
in the professional opinion of the Project Geotechnical Engineer.
p) Prior to deposit or removal on peat or organic silt, the vegetation shall be cut
flush with the ground surface and removed but the tree roots and grass
should be left in the ground whenever possible and disturbance to the ground
shall be avoided.
q) The Director of Engineering may issue a permit subject to the observance or
fulfilment of additional conditions specified in the permit which in the opinion
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of the Director of Engineering are necessary to achieve the purposes of this
bylaw.
Expiry
12.
Every permit shall expire 12 months from the date of issue or upon such earlier
date as may be specified in the permit.
Permit Renewal/Modification
13.
If the deposit or removal operation authorized by a permit is not completed
before the permit expires, or it becomes necessary to alter or deviate from the
particulars of the permit application or drawings submitted for a permit, the
Director of Engineering may renew or modify the permit upon written request of
the permit holder, subject to the following:
a) an application to renew a permit shall be made in the same manner and upon
payment of the same fees and deposit of the same security as provided in
this bylaw for the original permit;
b) the Director of Engineering may require that the permit holder provide
additional information authorized by this bylaw as a pre-condition to
considering an application for a permit renewal or modification; and
c) all terms and conditions set out in the original permit shall apply to each
renewal or modification of the permit except as expressly amended or
modified by the renewal or modification.
Permit Transfer
14.
No permit or interest in a permit may be transferred or assigned. Where there is
a change of ownership in the land for which a permit has been issued, the permit
shall immediately become void and the deposit or removal operation shall
immediately cease.
Permit Display
15.
Each permit shall be visibly displayed in a protected, accessible and
conspicuous position on the lands for which the permit has been issued and
shall be made available to the Director of Engineering or a Bylaw Officer upon
request.
Monitoring
16.
Settlement gauges, piezometers, inclinometers, lateral displacement pins or
other devices shall be installed by the Owner's Registered Professional to
monitor the stability of the soil and the impact of the deposit or removal on
adjacent properties. Regular visual observations must also be carried out as part
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of the monitoring process.
17.
Proposed instrumentation and monitoring programs shall be submitted by the
Project Geotechnical Engineer in writing to the Director of Engineering prior to
the commencement of deposit or removal activities. The locations of all
proposed monitoring instruments shall be shown on the plans submitted to the
Director of Engineering. The Director of Engineering shall be kept apprised of
any changes in the instrumentation program by way of timely submission of
drawing revisions.
18.
If visual observations or the instrumentation monitoring program results indicate
incipient failure, preventative measures shall be taken as recommended by the
Project Geotechnical Engineer or as required by the City.
Record Keeping
19.
Every permit holder shall maintain a daily log of all deposit and removal activity
and provide to the Director of Engineering within twenty-four (24) hours upon
request the daily log and a complete record of soil deposit or removal activities
on the permit site. The record shall contain the following information:
a) date and time of the deposit or removal;
b) licence plate of trucks delivering soil and whether a pup trailer is used;
c) quantity of soil being deposited or removed;
d) name of company depositing or removing soil;
e) address of soil source or destination.
20.
For soil deposit or removal 500 cubic metres or greater, except where the
proposed operation will be completed within one month from the date the permit
is issued, the Owner shall maintain monthly reports, certified and sealed by a
Professional Geotechnical Engineer, regarding the process of the soil deposit or
removal. The monthly report shall be submitted upon request to the Director of
Engineering and contains the following information:
a) the required information as stated in Section 19;
b) the quantity of soil deposited or removed for the previous month and the total
cumulative quantity for the duration of the permit up to the month in question;
and
c) the actual location of the soil deposit or removal.
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Completion and Restoration
21.
Upon completion of a soil deposit or removal operation, all deposit or removal
surfaces shall be covered with at least 0.20 meters of topsoil and sod or a
suitable rooted ground cover.
22.
The finished grade of the deposit or removal operation shall conform to the final
grading plans submitted with the permit application and approved by the Director
of Engineering.
Right of Entry for Inspection
23.
The Director of Engineering and Bylaw Enforcement Officers are hereby
authorized at all reasonable times to enter upon and inspect any lands to
determine whether the requirements, restrictions, regulations, terms, conditions
and directions of this bylaw or a permit are being observed.
24.
No person shall prevent or obstruct or attempt to prevent or obstruct the Director
of Engineering or Bylaw Enforcement Officers from entering upon lands as
authorized by Section 23.
Stop Work Order
25.
If any person is carrying on a deposit or removal that is, in the opinion of the
Director of Engineering, causing or is likely to result in contravention of this
Bylaw, then the Director of Engineering may order the immediate suspension of
all or any portion of such operation by posting a stop work order to that effect at
the place where the soil deposit or removal operation is ongoing.
26.
It shall be a violation of this bylaw for any person other than the Director of
Engineering or a Bylaw Enforcement Officer to remove or cover a posted stop
work order or any other notice.
27.
In addition to the authority of the Director of Engineering under section 25, the
Director of Engineering may direct that steps be taken to prevent further
contravention of this Bylaw. The Director of Engineering shall send a written
notice of violation by registered mail to the owner of the land where the deposit
or removal is occurring.
Failure to Remedy Non-compliance
28.
In the event that a person having received notice of violation fails within the time
specified in the notice to remedy such violation or otherwise continues to breach
any provision of this bylaw or any permit issued under this bylaw:
a) the City or its appointed agents and contractors may enter upon the lands or
any part thereof and carry out such works as may be required to remedy the
breach, and the expense of doing so shall be paid by the person in breach
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within 30 days of receipt of the City's invoice;
b) where the City's invoice remains unpaid after 30 days and security has been
deposited with the City under this bylaw, the City may deduct the cost of such
works from the security deposit;
c) where no security has been deposited or the security deposited is insufficient
to cover the cost of the City's works, the City may recover the costs, or any
part of the costs, with interest at the rate of 6% per year, in the same manner
as municipal taxes.
Suspension or Cancellation of Permit
29.
If:
a) there is a contravention of any term, condition, requirement or restriction of
this bylaw or a permit issued under this bylaw; or
b) a permit was issued under this bylaw on the basis of statements made in the
permit application or a report, declaration or record required under this bylaw,
that was false or misleading with respect to a material fact or that omitted to
state a material fact, the omission of which made the statement false or
misleading;
the Director of Engineering may:
a) suspend in whole or in part the rights of the permit holder under the permit;
b) cancel the permit; or
c) amend or attach new conditions to a permit with the consent of the permit
holder.
Indemnification
30.
A release and indemnity in favour of the City, releasing, indemnifying and saving
harmless the City, its agents, employees, officers and servants, from and against
all claims, demands, losses, costs, damages, actions, suits or proceedings
whatsoever by whomsoever brought by reason of, or arising from, the issue by
the City of a permit under this bylaw to conduct the proposed deposit or removal.
Removal of Surcharge
31.
The owner of the property on which the deposit or removal occurs is required to
provide the Professional Geotechnical Engineer's certification that removal of the
surcharge is appropriate, and must give the City a copy of such certification with
a minimum of 2 business days notification of intention to commence surcharge
removal. Surcharge removal shall not proceed without prior City approval.
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Offence
32.
Any person who contravenes or violates any provision of this bylaw or of any
permit issued under this bylaw or who suffers or allows any act or thing to be
done in contravention or violation of this bylaw or any permit issued under this
bylaw, or who fails or neglects to do anything required to be done under this
bylaw or any permit issued under this bylaw, commits an offence and upon
conviction shall be liable to a fine of not more than $10,000.00.
33.
Every contravention of this Bylaw that continues for more than one day
constitutes a separate offence for each day that it continues.
Severance
34.
If any section, subsection, sentence, clause or phrase of this bylaw is for any
reason held to be invalid by the decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of this bylaw.
Repeal
35.
"Soil Deposit Regulation Bylaw No. 7102, 2006" is hereby repealed.
Adopted August 31, 2020
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SOIL DEPOSIT AND REMOVAL REGULATION BYLAW NO. 8106, 2019
SCHEDULE "A"
SOIL DEPOSIT/REMOVAL PERMIT NO. ________
In accordance with Soil Deposit and Removal Regulation Bylaw No. 8106 2019,
permission is hereby granted to:
Name: _______________________________________________________ of
________________________________________________________________
(address)
(telephone)
A. to deposit _________________ cubic metres of soil and/or other material
upon the lands described as:
_____________________________________________________________
(address of property)
_____________________________________________________________
(legal description of property)
_____________________________________________________________
B. to remove_________________ cubic metres of soil and/or other material
from the lands described as:
_____________________________________________________________
(address of property)
_____________________________________________________________
(legal description of property)
_____________________________________________________________
in accordance with the provisions of Soil Deposit and Removal Regulation Bylaw
No. 8106, 2019, the application submitted by the owner and the plans,
specifications and other supporting data filed with the application, copies of
which are attached to and form part of this permit, and the following additional
terms and conditions:
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Received ___________________________
from __________________________
(type of security)
__________________
No.
__________
in the amount of
$_______________
as security for full and proper performance of the deposit or removal operation in
compliance with Soil Deposit and Removal Regulation Bylaw No. 8106, 2019
and all other terms and conditions of this permit.
This permit is issued on the ____________ day of ___________________, 20
This permit shall expire on the __________ day of ___________________, 20
This permit may not be transferred or assigned.
________________________________
Director of Engineering Services
Corporation of the City of
New Westminster