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THE CORPORATION OF THE DISTRICT OF SUMMERLAND
EARTHWORK CONTROL BYLAW
NUMBER 2000-290
WHEREAS pursuant to the provision of the Community Charter, Council may by bylaw regulate or
prohibit earthwork on land within the District, or within any area or areas within the District, and may
require the holding of a permit for such purpose and fix a fee for such permit;
AND WHEREAS Council considers that uncontrolled earthwork would have a harmful effect upon
adjacent lands, public highways, and statutory rights of way and may create or cause a hazardous
situation;
NOW THEREFORE the Municipal Council of the Corporation of the District of Summerland in open
meeting assembled enacts as follows:
1.
Title
1.1
This bylaw may be cited as the 'Earthwork Control Bylaw No. 2000-290'.
2.
Application
2.1
This bylaw shall apply to all land within the legally defined boundaries of the District.
3.
Interpretation
3.1
In this bylaw unless the content otherwise requires:
'deposit' or 'deposite'' means to place, store, stockpile, or release directly or indirectly, soil on
any land, where the soil did not previously exist;
'Director' means the Director of Works and Utilities, as appointed by the Council of the District,
and his duly authorized representatives;
'District' means the Corporation of the District of Summerland or the land lying within its corporate
boundaries;
'earthwork' means any work carried out on a given parcel or parcels of land as it pertains to this
bylaw and shall include the excavation, movement, removal, or deposit of soils and the deposit of
other material;
'land'' means any land within the corporate boundaries of the District;
'move', 'moved'', or 'movement' means altering surface elevations, or grades of land but does not
include the removal or deposit of soils.
'other material'' means:
a) construction, building, or demolition wastes such as masonry rubble, concrete rubble,
asphalt, lumber, metal, shingles, glass, gypsum board, or any other material derived
from building demolition or construction;
b) hog fuel, sawdust, shavings, edgings, or other wood waste that results from the
manufacturing of lumber or any other wood product;
c) land clearing wood waste consisting of stumps, brush, logs, or any other waste derived
from land clearing activities; and
d) waste material derived from commercial, industrial, or manufacturing activities.
'permit' means a permit issued under this Bylaw;
'permit area' means the area of the permit land within which the earthwork is restricted;
'permit land'' means the land described in the permit;
'permit holder' means the person to whom a permit has been issued;
'qualified professional' means a person who is registered or licensed under the Engineers and
Geoscientists Act of BC, Architects (Landscape) Act of BC, or Land Surveyors Act of BC, to
perform the work described under the sections of this Bylaw requiring a qualified professional and
whose interest in the proposed earthwork operation is limited to the fee they receive to perform
the work described;
'remove', 'removed'', or 'removal'' means any soil removed or taken from land or any soil that
may temporarily be placed into a stockpile or other form of storage on the land where it was
originally located;
'soil' shall mean boulders, gravel, sand, silt, clay, topsoil, or any other substance of which land is
composed or any combination thereof but does not include other material;
'stockpile' means any accumulation of soil that is not located in its natural position;
'topsoil' means a growing medium to the quality, gradation, and specifications outlined in the
Master Municipal Construction Documents;
'turf farm' means a commercial farming operation whose purpose is to grow grass and then
excavate the grass and root structure for sale as a landscaping material;
'utilities' means all underground infrastructure and appurtenances owned by the District, including
but not limited to, communication lines, storm sewers, sanitary sewers, and irrigation and
domestic water mains; and
'watercourse' means any natural depression with visible banks, which contains water at some
time, and includes any lake, river, stream, creek, spring, ravine, swamp, gulch, coulee, wetland,
or surface source of water, whether containing fish or not, including intermittent streams, and
drainage works which contain fish.
4.
Compliance
4.1
The permit holder is responsible for ensuring that his agents, workers, contractors, or any other
person involved in the earthwork operation comply with the provisions of this bylaw. The permit
holder will be held accountable for any offence of this bylaw committed by his agents, workers,
contractors, or any other person involved in the earthwork operation.
5.
Permit
5.1
No person shall engage in earthwork without first obtaining a permit in accordance with the
provisions of this bylaw.
5.2
A permit constitutes written authority to conduct only those activities described in the permit.
5.3
The Director may only issue a permit when an application has been submitted and the application
complies with all the provisions of this bylaw.
5.4
Permits will be issued in the form set out in Schedule 'A' - Application for Earthwork Permit,
attached to and forming part of this bylaw.
5.5
The maximum duration of a permit will be one year.
5.6
A permit will cease to authorize earthwork upon the earlier of:
a) the volume of earthwork authorized by the permit to be moved, removed, or deposited
has been moved, removed, or deposited; or
b) the expiry date expressly stated in the permit is reached.
6.
Restrictions
6.1
No permit will be issued for those portions of land exceeding a 30% slope unless the permit is
necessary for the installation of private or public infrastructure, including driveways, and the work
is supported by a report prepared by a geotechnical engineer.
6.2
No permit will be issued for earthwork on land designated within the Agricultural Land Reserve,
as defined pursuant to the Agricultural Land Commission Act, unless prior written approval, if
required, has been obtained from the Agricultural Land Commission
6.3
No permit will be issued if the application, reports, or plans provided pursuant to this Bylaw
indicate that the earthwork may not comply with this, or any other, District Bylaws or if the
information provided with the application, reports, or plans is incorrect, incomplete, or misleading.
7.
Exclusions
7.1
Notwithstanding the exemptions set out in this section, the Director, at his sole discretion, may
require that a permit be obtained if he deems the earthwork to be a potential hazard to an
occupant of the permit land or a hazard or nuisance to adjacent public or private properties,
including utilities.
This Bylaw shall not apply to any person engaged in earthwork that meets any of the following
conditions:
The earthwork is:
a) restricted to a maximum volume of 300 cubic metres in any twelve month period and is
confined to an area of not more than 1200 square metres;
b) for normal maintenance of underground utilities by the District;
c) for the construction of parks, roadways, lanes, or utilities by the District;
d) within a commercial gravel pit or quarry permitted pursuant to the Mines Act;
e) for the creation or maintenance of a public trail or recreation facility;
f)
for the processing or disposal operations of a solid waste facility which has approval
pursuant to Federal, Provincial, or Municipal regulations and bylaws;
g) for the cleanup or remediation of contaminated soils as subject to Part 4 of the
Environmental Management Act.;
h) for emergency measures related to flood control;
i)
on a commercial turf farm, landscape supply, or nursery provided that the earthwork is
directly related to, and necessary for, the operation of the commercial enterprise and is
conducted on the land upon which the person lawfully carries on such trade, purpose, or
use;
8.
Applications
8.1
Applications for a permit shall be made in the form set out in Schedule 'A' of this bylaw.
8.2
All information required to be submitted in support of an application shall be at the expense of the
owner.
8.3
Metric units shall be used in all applications.
8.4
Every application for a permit shall be made in writing and shall include the following:
a) the name, address, and signature of the applicant and the registered owner;
b) the legal description and the area of the land upon which the earthwork will take place;
c) a current Land Title search for all the land referred to in the application;
d) the purpose for which the earthwork will be carried out;
e) a copy of all right of way plans, easement plans, covenants, and documents registered
against the land on which the earthwork will take place;
f)
commencement and completion date of the earthwork;
g) the written consent of the landowner if the landowner is not the applicant;
h) an itemized breakdown of the quantity of soils to be excavated, removed, deposited, or
moved;
i)
the proposed haul routes planned for transporting material to and from the site;
j)
a letter and plans of the proposed permit area summarizing how the proposed earthwork
will be conducted in compliance with each of the regulations and operating standards set
out in this Bylaw; and
k) a dust control mitigation plan.
8.5
The Director may, at his sole discretion, require the owner to provide the following additional
information to assist the Director in the evaluation of an application:
a) excavation of holes to a 3.0 metre depth for the inspection and recording of existing
ground composition prior to earthwork;
b) detailed plans, data, and specifications prepared by a qualified professional. Plans shall
be drawn at a scale of 1:500, use District datum as control, and contain the following
information:
(i)
all pertinent topographic features, buildings, structures, lanes, roads, bridges,
and tree cover;
(ii)
pre and post earthwork contours at maximum intervals of 1.0 metre;
(iii)
pre and post earthwork strategies for managing, controlling, and treating
drainage;
(iv)
pre and post earthwork driveway locations and other points of access that may
be used temporarily during the earthwork;
(v)
the proposed type and location of fencing and signage to protect against any
hazards as identified by a qualified professional or the Director;
(vi)
a comprehensive remediation and restoration plan showing all vegetation,
plantings, trees, and groundcover that is required to ensure the permit area is
safe, stable, and free of erosion following the completion of the earthwork and
any interim measures that may be required to protect the site over the winter;
(vii)
a detailed sediment, erosion, and dust control plan;
(viii) a detailed plan of all underground utilities that are located within the permit
land; and
(ix)
such other information as required by the Director;
c) an Assurance of Qualified Professional and Commitment for Field Review prepared by a
qualified professional in the form set out in Schedule 'B', attached to and forming part of
this bylaw;
d) proof of Comprehensive General Insurance for bodily injury and/or property damage with
policy limits of not less than two million dollars ($2,000,000) per claim for the qualified
professional. The aforementioned insurance shall be in a form and with insurers
acceptable to the Director and evidence of Renewal and Notice of Termination shall be
provided to the District not less than thirty (30) days prior to the expiry dates or
cancellation of the policies as the case may be;
e) a report prepared by a qualified professional that includes plans of the proposed permit
area and recommendations detailing how the proposed earthwork will be conducted in
compliance with each of the regulations and operating standards set out in this Bylaw.
The qualified professional must certify that their report has identified all risks and has
identified all reasonable measures to protect against these risks.
f)
a security to ensure full compliance;
g) a non-refundable permit application fee as set out in the District's Fees and Charges
Bylaw 98-001, as amended; and
h) additional geotechnical, environmental, or other reports or studies that the Director
deems necessary to evaluate an application. All reports and studies shall be prepared by
a qualified professional. Two copies of all reports and studies shall be submitted to the
Director for his review. The Director may require that the reports and studies be
registered on the title of the permit lands.
9.
Regulations and Operating Standards
9.1
Each permit issued pursuant to this Bylaw shall be subject to the following regulations and
operating standards:
a) Bylaw Compliance: Earthwork may only take place on the land, in the area, and for the
duration identified in the permit, in accordance with the provisions of this bylaw, in
accordance with the terms and conditions set out in the permit, and in accordance with all
other bylaws of the District.
b) Sight Lines: No equipment, soils, or anything else associated with the earthwork shall
be deposited, stockpiled, stored, or parked in any location that may block or obscure
sight lines at adjacent intersections or on adjacent roads.
c) Qualified Professional: The Director may require a qualified professional to supervise
the earthwork and provide certification of quality assurance as a condition of the permit.
e) Drainage: Except for approved settling ponds or other treatment structures, earthwork
shall be conducted in such a manner to ensure positive gravity drainage to a
watercourse, public drainage facility, or other point of discharge approved in the permit.
f)
Drainage Treatment: The quality of all drainage leaving the site must meet or exceed the
quality of drainage that was leaving the site prior to the commencement of the earthwork
operation. Settling ponds and other treatment structures must be located and maintained
as outlined in the permit.
g) Damage or Obstruction: Anything associated with earthwork that may damage or cause
an obstruction to a watercourse, public drainage facility, or other point of discharge must
be prevented from entering the watercourse, public drainage facility, or other point of
discharge. This includes, but is not limited to, soil, rubble, debris, and any form of
vegetation.
h) Repair: All damage resulting from the earthwork shall be immediately repaired at the
expense of the owner. This includes, but is not limited to, municipal or privately owned
drainage facilities, roads, utilities, statutory rights of way, lanes, watercourses, or any
other municipally or privately owned property.
i)
Stockpiles: Stockpiles shall be confined to the area of the permit lands identified in the
permit and shall be maintained so they do not adversely affect or damage adjacent
properties or sight lines. Stockpiles shall not exceed 5.0 metres in height above natural
ground elevation unless otherwise approved by the Director.
j)
Encroachment: Earthwork shall not encroach upon, undermine, or physically damage
any public or private property or works. Unless approved by the Director, no earthwork
may occur where the earthwork may encroach beyond the permit land boundaries or into
a statutory right of way or an easement. Earthwork in these areas shall not encroach into
the natural repose of the insitu soil as determined by a qualified professional.
k) Subdivision or Development: No earthwork may take place that will make future
subdivision or development of the permit land or neighbouring land impractical.
l)
Permit Area Security: All excavations, stockpiling, and any other hazards shall be
fenced and signage erected for the duration of the permit to protect the public. Signage
shall be water-proof and contain wording that identifies the hazard, the nature of the
earthwork, the presence of any excavations, and prohibits the public entry. The signs
shall be securely mounted, maintained by the owner, and located no more that one
hundred fifty metres apart. Consideration shall be given to control access at all times by
gate to minimize hazards to human and animal life and to prevent unauthorized entry and
earthwork.
m) Restoration: Within thirty days of the completion of the earthwork, the permit holder shall
restore all undeveloped areas of the permit land that were disturbed as part of the
earthwork operation back to their natural state.
n) Dust Control: All earthwork shall be subject to a continuous program of dust control to
the satisfaction of the Director. The permit holder shall control the escape of dirt, dust,
and smoke so as to prevent private or public nuisance affecting any public of private
property, highway, or right of way.
o) Road Cleaning: Measures shall be incorporated into all operations to ensure that soil is
not spilled or tracked onto public or private roads and to ensure that any soil spilled or
tracked onto public or private roads is promptly cleaned.
10.
Right to Enter and Inspect
10.1
The Director has the right, at all reasonable times, to enter on and inspect any land:
a) to determine whether the site conditions are compatible with the proposed earthwork;
b) to determine the completeness and accuracy of an application;
c) to administer and enforce this bylaw.
11.
Security
11.1
A permit can not be issued until the applicant submits a security in the form of an irrevocable
letter of credit, bank draft, or cash. The security shall be in the amount of $500 dollars plus $2.00
for each cubic metre of earthwork in excess of 300 cubic metres proposed in the application up to
a maximum of $10,000. Letters of credit are required to be in the form as set out in Schedule 'C'
- Letter of Credit, attached to and forming part of this bylaw.
11.2
The District will not return the security, or any portion thereof, until the permit holder has paid all
fees and penalties and has completed the earthwork, restoration, and all other permit
requirements in accordance with the permit and this Bylaw.
13.
Topsoil
13.1
Topsoil shall not be removed from any land unless the removal is approved by the Director and
only after restoration has been completed and sufficient topsoil has been placed to support the
growth of vegetation.
14.
Tracking of Soil
14.1
A permit holder shall ensure that no soil adheres to vehicles leaving the permit lands and shall
remove any such soil deposited on District roads as a result of such earthwork within the
timeframe outlined on the written notice. Failure to comply with the said notice may result in the
District attending to the necessary cleanup and assessing a charge to the owner of the permit
lands.
15.
Suspension, Cancellation, or Amendment
15.1
The Director may suspend or cancel all or portions of a permit if:
a) there has been a contravention of any term, condition, or requirement of the permit or
this Bylaw;
b) the application, plans, or reports provided, pursuant to this Bylaw, are found to be
misleading, false, or omitted to state a material fact, the omission of which made the
information or plans provided false or misleading; or
c) the Director is notified that the qualified professional's contract in relation to the permit
has been terminated, changed, or limited.
15.2
The Director will notify the permit holder of the suspension or cancellation through a Stop Work
Order.
15.3
The Stop Work Order will be provided in writing and will contain a written description of the
reasons for the suspension or cancellation.
15.4
The Stop Work Order will be posted on the permit land and once posted all earthwork operations
identified in the Stop Work Order shall immediately stop and shall not recommence until the
suspension is rescinded in writing by the Director.
15.5
The Stop Work Order shall remain in effect until the reasons for the suspension or cancellation
are addressed to the satisfaction of the Director.
15.6
If the scope or nature of the earthwork operations authorized by the permit change, the Director
may require that the permit be amended and the permit holder may be required to submit:
a) amended plans, data, and specifications;
b) a new application for a permit with revised permit fees and securities.
16.
Completion
16.1
Upon completion of the Earthwork the permit holder shall submit to the Director a report that
confirms the earthwork was carried out and completed in accordance with the conditions of the
permit. The Director may require this report to be prepared by a qualified professional.
17.
Offences
17.1
An offence is committed against this Bylaw by every person who:
a) conducts any earthwork without a permit where a permit is required;
b) violates any provisions of this Bylaw;
c) fails to comply with any of the terms or conditions of a permit;
d) allows any act or thing to be done in contravention or violation of this Bylaw or any part
of the permit;
e) in the case of the owner or occupier of the permit land, fails to prevent any other person
from contravening any part of this Bylaw or a permit; or
f)
fails to comply with any order or notice given under this Bylaw.
18.
Penalties
18.1
Any person who commits an offence under this Bylaw or a permit is:
a) liable upon summary conviction to a fine of not less than five hundred dollars and not
more than ten thousand dollars or in default of payment thereof, imprisonment for a term
not exceeding six months;
b) required to compensate the District for any damage to District drainage facilities, utilities,
rights of way, or other District property or facilities which occurs as a result of the
earthwork operation.
18.2
Each day any violation, contravention, or breach of this Bylaw continues shall be deemed to be a
separate and distinct offence.
18.3
Nothing in this Bylaw shall limit the District or any other jurisdiction from pursuing any other
remedy that would otherwise be available for the contravention of this Bylaw.
19.
Enforcement
19.1
If a permit holder does not comply with this Bylaw or the permit, the District, its agents or
contractors may enter upon the permit lands and carry out any action required to remedy such
non-compliance, or repair any resulting damage and the District may deduct all costs of such
action from the security.
19.2
Notwithstanding anything herein to the contrary, failure to comply with any of the terms and
conditions of this Bylaw shall be considered an offence against this bylaw, for which the security,
or parts thereof, may be forfeited.
19.3
This Bylaw is designated as a bylaw that may be enforced by means of Municipal Ticket
Information under the Community Charter or a Bylaw Notice under the Local Government Act
Bylaw Notice Enforcement Act.
20.
Severability
20.1
If any section, subsection, clause, or phrase of this bylaw is for any reason held to be invalid or
illegal by a decision of any Court of competent jurisdiction it shall be severable. Such a decision
shall not affect the validity of the remaining sections subsections, clauses, or phrases of this
bylaw.
21.
Indemnity
21.1
In consideration of the District issuing a permit to conduct earthwork, the permit holder agrees to
indemnify and save harmless, the District and its officials, employees, agents, successors, and
assigns from all loss, damage, cost, actions, suits, debts, accounts, claims, and demands which
the District or any of its elected officials, employees, agents, successors, and assigns may suffer
or incur or be put to arising out of or in connection with anything done or admitted to be done on
the permit land by the permit holder or by any person for whom the permit holder is responsible in
law.
22.
Schedules
Schedules 'A' - Application for Earthwork Permit, 'B' - Assurance of Qualified Professional and
Commitment for Field Review, and 'C' - Letter of Credit are attached to and form part of this
Bylaw.
23.
Headings
23.1
The headings to the provisions of this bylaw are inserted for convenience and do not form part of
this bylaw.
24.
Effective Date
24.1
This Bylaw shall come into full force and effect upon adoption.
Read a first, second, and third time this 12th day of May, 2008.
Adopted by the Municipal Council of the District of Summerland this 14th day of December, 2009.
'Janice Perrino'
______________________________________
Mayor
'Gillian D. Matthews'
______________________________________
Corporate Officer
Application for Earthwork Permit
Name of Applicant:
(if applicant is not the owner of the property, written consent of the Land Owner is required-Agency Agreement)
Address:
Phone:
Fax:
Email:
It is understood that the completion of this form constitutes an application only, and the works applied for
will not commence until this permit has been approved by the District and permit approval signs have
been posted. In consideration of the District issuing a permit to conduct earthwork, the permit holder
agrees to indemnify and save harmless, the District and its officials, employees, agents, successors, and
assigns from all loss, damage, cost, actions, suits, debts, accounts, claims, and demands which the
District or any of its elected officials, employees, agents, successors, and assigns may suffer or incur or
be put to arising out of or in connection with anything done or admitted to be done on the permit land by
the permit holder or by any person for whom the permit holder is responsible in law.
Date of Application:
Signed:
Location of Earthwork:
Civic Address:
Legal Description:
Description and Purpose of Proposed Earthworks:
Copy of all Right-of-Way and Easement Plans and Documents over the land attached:
Start Date of Proposed Works:
/
/
Completion Date:
/
/
day
month
year
day
month
year
Quantity of soils to be removed, deposited, or moved:
m3
Is number of arable hectares changing? Yes
No
Depth of excavation or fill:
m
m
(maximum)
(average)
Non-refundable fee in the amount of $200.00 plus GST is payable to the District of Summerland.
(Permit application fee as specified in the Fees and Charges Bylaw No. 98-001 as amended from time to time). (Non-
refundable fee - deposit to Account No. 11-1-430-8000)
13211 Henry Ave, Box 159
Summerland BC V0H 1Z0
Tel: 250-494-6451 Fax: 250-494-1415
www.summerland.ca
Security in the form of an Irrevocable Standby Letter of Credit or cash in the amount of $500.00 plus
$2.00 per m3 of earthwork in excess of 300 cubic metres up to a maximum of $10,000. (Security to be
deposited to Account No. 11-4-469-8000 (GST is not charged on Security deposit))
Proof of Comprehensive General Insurance in the amount of $2,000,000 and Errors or Omissions
Insurance in the amount of $2,000,000 for a Qualified Professional must be provided.
NO WORK SHALL TAKE PLACE WITHOUT THIS PERMIT.
APPLICANT MUST COMPLY WITH ALL SECTIONS OF THE EARTHWORK CONTROL BYLAW NO.
2000-290. THE PERMIT IS VALID FOR ONE YEAR FROM DATE OF APPROVAL.
Applicant must notify the following 24 hours before commencing approved works:
BC One Call: 1-800-474-6886
District of Summerland, Works and Utilities: tel: (250) 494-0431 or fax: (250) 494-3399
All applicable Provincial and Federal Authorities
FOR OFFICE USE ONLY:
Geotechnical Investigation Report by P.Eng.
Detailed Plan prepared by a Qualified
Other Special Requirements detailed below
Professional
Register Geotechnical Report(s) on Title
Mitigative Measure required for Watercourses
Road Closure Permit required
Riparian Areas Permit
Approving Officer Review / Approval
Additional Security required: $
Special Requirements:
Approval Permit for Earthworks
Date:
/
/
Director of Works and Utilities or designate
day
month
year
Inspection Report received:
/
/
day
month
year
Approval Substantial Completion
Date:
/
/
(Director of Works and Utilities or designate)
day
month
year
Security Returned:
/
/
day
month
year
Copy to: Manager of Works
Bylaw Officer
Development Services
Accounting, Municipal Hall
Civic Address File
The personal information collected on this form is collected for the
processing of this application pursuant to the Earthwork Control
Bylaw 2000-290. Any questions about the collection of this
information should be directed to the Director of Works and Utilities
at 250-494-0431.
Assurance of Qualified Professional and Commitment for Field Review
Date:
/
/
day
month
year
Re:
Application for Soil Removal / Soil Deposit at
(civic address and legal description)
I, the undersigned registered professional engineer / landscape architect / land surveyor hereby give
assurance that:
1.
I am familiar with the environmental protection policies of the District of Summerland as expressed
in the District of Summerland Official Community Plan.
2.
I have considered and informed the owner and/or the applicant of alternative designs for the
proposed work that may reduce the environmental impacts and transportation requirements of the
proposed works.
3.
The development of the property described above in compliance with the applicable land use
regulations of the District of Summerland cannot be reasonably achieved without the removal
/deposit of soil in the quantities and manner as shown on the plans, specifications, and supporting
documents prepared and signed by me and attached to this letter.
I give further assurance that the design, location, quality, nature, depth, volume, and configuration of the
removal of soil / deposit of soil or other material and works to be constructed and undertaken in support of
and in relation thereto, all as shown on the plans, specifications, and supporting documents prepared and
signed by me and attached to this letter:
4.
Are consistent with the regulations and operating standards of the District of Summerland Bylaw No.
2000-290, a bylaw to control the removal and deposit of soil within the District of Summerland.
5.
Constitute sound, reasonable soil removal and deposit practice.
6.
When, and if, carried out in conformance with such plans, specifications and supporting documents,
will not constitute any reasonably foreseeable risk or hazard to persons or property.
The undersigned undertakes to conduct such supervision, testing and field review as is necessary to
ensure the soil removal / soil deposit complies with the plans, specifications and supporting documents
attached hereto.
I assure you that I have been given the authority by the owner of the lands on which the soil is to be
removed / deposited and by the applicant for the permit (if different from the owner) to stop, remove or
redirect the removal of soil / deposit of soil as required in my judgment and as required to comply with the
plans, specifications, and supporting documents attached hereto and Bylaw No. 2000-290.
13211 Henry Ave, Box 159
Summerland BC V0H 1Z0
Tel: 250-494-6451 Fax: 250-494-1415
www.summerland.ca
I will notify you in writing immediately if my contract for field review, testing or supervision is terminated or
limited at any time before the completion of soil removal / soil deposit described in the plans,
specifications and supporting documents attached hereto.
Signature
(Affix professional seal)
Name (please print)
Address
I, the applicant for the Soil Removal / Soil Deposit Permit for the removal of soil / deposit of soil including
the authority to stop the removal of soil / deposit of soil, or redirect it as set out in this letter. I
acknowledge and understand that all authority and permission to remove soil / deposit soil under any
permit issued to me pursuant to any application will automatically cease and be suspended if the qualified
professional's services are terminated or limited and will not be reinstated until such time as another
qualified professional submits to you a signed and completed letter in this form.
Witness's Signature
Signature of Applicant for Permit
Name (please print)
Name (please print)
Address
Address
or:
The Corporate Seal of
was hereto affixed in the presence of:
Authorized Signatory
Authorized Signatory
Letter of Credit
(Date)
(Financial Institution)
(Address of Financial Institution)
District of Summerland
Box 159
Summerland, BC V0H 1Z0
Dear Madam / Sir:
RE:
Enter permit number or Address of Permit Land
At the request of
(the owner / customer), we
hereby establish in your favour our irrevocable credit for a sum not exceeding $
. This
credit shall be available to you by sight drafts drawn on the
(Name and Address of Financial Institution)
when supported by your written demand for payment upon us.
This letter of credit is required in connection with an undertaking by the Owner to pay for
___________________________ required in connection with an Earthwork Permit.
We specifically undertake not to recognize any notice of dishonour of any sight drafts that you shall
present to us for payment under this Letter of Credit.
You may make partial drawings or full drawings at any time.
We shall honour your demand without inquiring whether you have a right as between yourself and our
customer. This Letter of Credit will expire on
/
/
subject to the condition hereinafter set
forth.
day month year
It is a condition of this Letter of Credit that it shall be deemed to be automatically renewed and extended
without amendment for one year from the present or any future expiry date hereof, unless thirty days prior
to such expiry date, we notify the Director of Works and Utilities of the District of Summerland in writing,
by registered mail, that we elect not to consider this Letter of Credit to be renewed for an additional
period. Upon receipt of such notice, you may draw hereunder by means of your written demand for
payment.
Our reference for this Letter of Credit is
(Name of Financial Institution)
(Signature)
13211 Henry Ave, Box 159
Summerland BC V0H 1Z0
Tel: 250-494-6451 Fax: 250-494-1415
www.summerland.ca