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The City of This By-law printed under and by the authority of the Council of the City of Barrie
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A By-law to prohibit and regulate the placing or dumping of fill, the removal of topsoil, and the alteration of the grade of land in the City of Barrie and to repeal By-law 2006-101
Disclaimer: The following consolidation is an electronic reproduction made available for information only. It is not an official version of the By-law. The format may be different, and plans, pictures, other graphics or text may be missing or altered. The City of Barrie does not warrant the accuracy of this electronic version. This consolidation cannot be distributed or used for commercial purposes. It may be used for other purposes, only if this disclaimer is repeated as well as the notice of copyright. Official versions of all By-laws can be obtained from the City Clerk's Office by calling (705) 739-4204.
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## BY-LAW NUMBER 2014-100
permits the enaci set a by taw of the uncil of The Corporation 0 the City or are to praili regulate the placing or dumping of fill, the removal of topsoil, and the alteration of the grade nd in the City of Barrie and to repeal By-law 2006-10·
AND WHEREAS Section 398 of the Municipal Act, authorizes a municipality to add fees and charges to the tax roll for a property and collect them in the same manner as municipal taxes;
AND WHEREAS Section 444 of the Municipal Act, authorizes that the municipality may make an order requiring the person who contravened the by-law or who caused or permitted the contravention or the owner or occupier of the land on which the contravention occurred to discontinue the contravening activity;
AND WHEREAS Section 445 of the Municipal Act, authorizes that where the municipality is satisfied that a contravention of the by-law has occurred, the municipality may make an order requiring the person who contravened the by-law or who caused or permitted the contravention or the owner or occupier of the land on which the contravention occurred to do work to correct the contravention;
AND WHEREAS Section 446 of the Municipal Act, authorizes a municipality to direct or require a person to do a matter or thing, the municipality may also provide that, in default of it being done by the person directed or required to do it, the matter or thing shall be done at the person's expense;
AND WHEREAS the Council may require that a permit be obtained for the placing or dumping of fill, the removal of topsoil, and the alteration of the grade of land in the City of Barrie and prescribe the fees for the permit and the circumstances under which a permit may be issued and the conditions to such a permit;
AND WHEREAS, by motion 14-G-206, the Council has determined that it is desirable to enact such a by-law;
NOW THEREFORE the Council of The City of Barrie enacts as follows:
- 1 DEFINITIONS
- 1.1 In this by-law:
- 1.1.1 ADJACENT - means abutting or contiguous to;
- 1.1.2 AGRICULTURAL LANDS - includes all lands that are cultivated and/or used for the raising of livestock;
- 1.1.3 AGRICULTURAL USES - means,
- 1.1.3.1 Growing crops, including nursery and horticultural crops;
- 1.1.3.2 Fusing livestock and other animals, including poultry and fish, for food and
- 1.1.3.3 Aquaculture; and
- 1.1.3.4 Agro-forestry and syrup production.
- 1.1.4 APpu any era a the red in of the ye, or er, to ape for a Permit on toe Owner's behalf;
- 1.1.5 AREA OF NATURAL AND SCIENTIFIC INTEREST - means an area that has been,
- 1.1.5.1 Identified as having earth science/life science values related to protection scientific study or education; anc
- 1.1.5.2 Further identified by the Ministry of Natural Resources as such using evaluation procedures established by the Ministry, as they may be amended from time to time;
- 1.1.6 AUTHORIZED AGENT - means a Person acting on behalf of the Owner as designated on the application;
- 1.1.7 BODY OF WATER - includes any body of flowing or standing water whether naturally or artificially created;
- 1.1.8 CONTINUOUS OFFENCE - means an uninterrupted offence of this By-law;
- 1.1.9 CITY - means The Corporation of The City of Barrie;
- 1.1.10 CLERK - means the Clerk of the City;
- 1.1.11 COUNCIL - means the Council of the City;
- 1.1.12 DIRECTOR OF ENGINEERING - means the Director of the Engineering Department of the City or designate;
- 1.1.13 DIRECTOR OF ENVIRONMENTAL SERVICES - means the Director of the Environmental Services Department of the City or designate;
- 1.1.14 DEVELOPMENT - means the construction of buildings or structures and above or underground services such as roads, parking lots, paved storage areas, water mains, storm and sanitary sewers, general grading works and similar facilities on any Site in the City of Barrie;
- 1.1.15 DRAINAGE - means the movement of water to a Body of Water, whether by way of natural characteristics of the ground surface or by an artificial method;
- 1.1.16 DUMPING - means the depositing of imported Fill in a location on the Site or the movement and depositing of Fill from one location on a Site to another location on the same Site;
- 1.1.17 ENDANGERED SPECIES - means any native species, that is at risk of extinction throughout all or part of its Ontario range if the limiting factors are not reversed, as listed in the regulations under the Endangered Species Act, 2007, SO 2007, ¢ 6 which may be amended from time to time;
- 1.1.18 ENFORCEMENT OFFICER - means a Person authorized by the City of Barrie to carry out observations and inspections and take samples as prescribed by this By-law and has been duly appointed by the General Manager of Infrastructure and Growth Management to enforce this By-law. It shall also include Persons duly appointed as Municipal LaW Enforcement Officers by the City of Barie for the purposes of legal
- 1.1.19 ENVIRONMENTAL PROTECTION AREAS - as defined by the City of Barrie Official Plan as it may be amended from time to time;
- 1.1.20 ROSION - means the detachment and movement of Soil, sediment or rock fragmer water, wind, ice or gravi
- 1.1.21 EXISTING GRADE - means the elevation of the existing ground surface of the Site
- 1.1.22 -ILL - means any type of imported or relocated material deposited or placed on the S d includes Soil, stone, concrete, sod or turf either singly or in combinatio
- 1.1.23 FINISHED GRADE - means the approved elevation of ground surface of the Site upon which Fill has been placed or grade of land has been altered in accordance with this By-
- 1.1.24 FISH HABITAT - means the spawning grounds and any other areas including nursery, rearing, food supply and migration areas on which fish depend directly or indirectly in rder to carry out the life processes, as defined in the Federal Fisheries Act, RSC 198: : F-14, as it may be amended from time to time
- 1.1.25 GENERAL MANAGER OF INFRASTRUCTURE AND GROWTH MANAGEMENT means the General Manager of Infrastructure and Growth Management Division of the City or designate;
- 1.1.26 HABITAT OF ENDANGERED, RARE AND THREATENED SPECIES - means land
- 1.1.26.1 Is an area where individuals of an endangered species, a rare species or a threatened species lives or has the potential to live and find adequate
- 1.1.26.2
- 1.1.27 LAND DISTURBANCE - means any man-made change of the land surface includin removing vegetative cover, and/or excavating and/or filling and/or grading
- 1.1.28 MUNICIPAL ACT - means the Municipal Act, 2001, S.O. 2001, c.25, as it may be amended or replaced from time to time;
- 1.1.29 OWNER - means the legal registered Owner of the Site as shown by the records of the Land Registry Office where the property register for the Site is situated or the Person or his authorized agent in lawful control of the premises or Site for which a Permit is sought or obtained;
- 1.1.30 PERMIT - means permission or authorization given in writing by the Director of Engineering to perform work regulated by this By-law or part thereof and shall include all information contained within the approved Site Alteration Plan and any special conditions identified by the Director of Engineering;
- 1.1.31 PERMIT HOLDER - means the Owner as defined in this By-law or the person in possession of and includes a lessee, a mortgagee in possession or a Person in charge of the Site;
- 1.1.32 PERSON - includes any individual, corporation, partnership, company, association or party and the heirs, executors, administrators, or other legal representatives of such person, to whom the context can apply according to the law;
- 1.1.33 PLACING - means the distribution of Fill on the Site to establish a Finished Grade higher or lower than existing grade;
- 1.1.34 PLANNING ACT - means the Planning Act, R.S.O. 1990, c. 13, as it may be amended or replaced from time to time;
- 1.1.35 PONDING - means the accumulation of surface water in the area not having Drainage from where the lack of Drainage is caused by the Placing or Dumping of Fill or altering of the grade of land;
- 1.1.36 PROPOSED GRADE - means the proposed elevation of ground surface of land upon which Fill is proposed to be placed or altering the grade of land is proposed;
- 1.1.37 PREVIOUSLY DEVELOPED SITE - means a Site that has been altered by paving, construction, and/or land use that would typically have required regulatory permitting to have been initiated (alterations may exist now or in the past);
- 1.1.38 QUALIFIED PERSON - means a person who holds a license, limited license or temporary license under the Professional Engineers Act as it may be amended from time to time and/or an environmental consultant approved by the Director of Engineering that possesses expert or special knowledge in regards to matters contained within this
- 1.1.39
- 1.1.40 REMOVAL - means excavation or extraction of any Fill which lowers the Existin Grade, and includes Soil Stripping
- 1.1.41
- 1.1.42 SECURITY DEPOSIT - means a certified cheque, cash or a financial institution letter of credit;
- 1.1.43 SITE - means a property/lot/or a parcel of land described in a deed or other document really conable of conveying land, or shown as a block on a registered plan of
- 1.1.44
- 1.1.44.1 The construction of facilities for transportation, infrastructure and utilit uses by a public body; or
- 1.1.44.2 The reconstruction, repair or maintenance of a drain approved under the Drainage Act; or
- 1.1.44.3 The carrying out of Agricultural Uses.
- 1.1.45 SITE ALTERATION AREA - means the total area of the Site that Site Alteration will occur on;
- 1.1.46 SITE ALTERATION PLAN - means a plan prepared by a Qualified Person on behalf of an Owner in connection with a Site Alteration Permit pursuant to this By-law and shall include general requirements, Erosion and sediment control plans and Fill management plans;
- 1.1.47 SOIL - means any material commonly known as earth, Topsoil, loam, subsoil, clay, sand or gravel;
- 1.1.48 SOIL STRIPPING - means the Removal of Soil or Topsoil;
- 1.1.49 SWALE - means a depression in the ground surface sloping for the purpose of conveying surface Drainage;
- 1.1.50 TOPSOIL - means those horizons in a Soil profile, commonly known as the "O" and the "A" horizons, containing organic material and includes deposits of partially decomposed organic matter such as peat;
- 1.1.51 THREATENED SPECIES - means any native species that is at risk of becoming endangered throughout all or part of its Ontario range if the limiting factors are not reversed;
- 1.1.52 TREASURER - means the Treasurer of the City;
- 1.1.53 VALLEYLAND - means a natural area that occurs in a valley or other landfor pression that has water flowing through or standing for some period of the ye
- 1.1.54
- 1.1.55 VETLAND - means land such as a swamp, marsh, bog or fen (not including land that i eing used for agricultural purposes and no longer exhibits wetland characteristics) tha
- 1.1.55.1 Is seasonally or permanently covered by shallow water or has the watertable close to or at the surface;
- 1.1.55.2 Has hydric soils and vegetation dominated by hydrophytic or water tolerant plants; and
- 1.1.55.3 Has been further identified by the Ministry of Natural Resources, or by any other Person, as such according to evaluation procedures established by the Ministry of Natural Resources, as they may be amended from time to time;
- 1.1.56 WILDLIFE HABITAT - means land that,
- 1.1.56.1
- 1.1.56.2 Has been further identified by the Ministry of Natural Resources, or by any according to evaluation procedures established by th
- 1.1.57 WOODLAND - means a treed area, woodlot, or forested area, other than a cultivated fruit or nut orchard or a plantation established for producing Christmas trees;
## 2. GENERAL
- 2.0 No Person shall carry out any Site Alteration activity within the City of Barrie, without first obtaining a Permit, unless otherwise exempt as set forth in this By-law.
- 2.1
## 3. REQUIREMENTS FOR ISSUANCE OF A PERMIT
- 3.0 All Permit applications must be completed in full, and all required supportin documentation provided, prior to the issuance of a Permi
- 3.1 Information: Permit pursuant to this By law, an applicant shall provide the following
- 3111 A conford anoil pa sie Alain Prior ur gie boy the can., amended from time to time;
- 3.1.2 The application Permit fees as set out in the City's Fees By-law as it may be amended from time to time;
- 3.1.3 Securities as per Schedule "A" of this By-law;
- Proof of insurance from an insurer licensed in the Province of Ontario for Commercial General Liability Insurance for not less than five (5) million dollars ($5,000,000) per occurrence with an annual aggregate limit of no less than ten (10) million dollars ($10,000,000) and Environmental Liability Insurance for no less than two (2) million dollars ($2,000,000);
- 3.1.5 A Site Alteration Plan, certified by a Qualified Person, meeting the standards set out in Schedule "B" of this By-law, containing the Site design guidelines as set out in Schedule "C" of this By-law;
- 3.1.6 Confirmation that the Applicant complies or will comply with the Permit conditions as specified in Schedule "D" of this By-law as it may be amended from time to time to the satisfaction of the Director of Engineering;
- 3.1.7 Confirmation that the appropriate archaeological assessments on Sites deemed to have moderate to high potentials for the discovery of archaeological resources have been completed to the satisfaction of the Ministry of Culture; and
- 3.1.8 Any additional information as required, in writing, by the Director of Engineering.
## 4. EXPIRY, RENEWAL, TRANSFER, REVOCATION AND REFUSAL OF PERMITS
- 4.0 Permits issued pursuant to this By-law shall be valid for a period of one (1) year from the date of issuance. Should Site Alteration activities continue past this period, or should rehabilitation measures not be completed within one (1) year, the Director of Engineering may renew the Permit one or more times for an additional one (1) year period each time The Director of Engineering may require additional Erosion and sediment control measures and fees, as conditions of the renewal.
- 4.1 Notwithstanding section 4.0, Permits issued under this By-law shall expire ninety (90) days after the date of issuance of the permit if Site Alteration activities have not commenced.
- 4.2 A Permit which is no longer valid or which has expired pursuant to this By-law must be renewed upon making a written application to the Director of Engineering accompanied by payment of fees, failing which the City shall remedy any deficiencies pursuant to the provisions of this By-law at the Owner's expense.
- 4.3 If the title of the Site for which a Permit has been issued is transferred while the Permit remains in effect, the Permit shall be cancelled unless the new Owner of the Site, within thirty (30) days of the transfer, forthwith advises the Director of Engineering of such transfer and either;
- 4.3.1. Provides the City with an undertaking to comply with all the conditions under which the existing Permit was issued and also provides a Security Deposit in accordance with the requirements of Schedule "A" of this By-law; or
- 4.3.2 Applies for and obtains a new Permit in accordance with the provisions of this By-law.
- 4.4 Where a Permit is issued based on mistaken, false or misleading information, the Director of Engineering shall revoke the Permit, and the Owner and/or the Permit Holde shall ensure that all work that was the subject of the revoked Permit ceases.
- 4.5 Engine gay be any ed ay die ig dict of Envionmental Services or the Director of
- 4.5.1 It was issued in error;
- 4.5.2 The Owner or Permit Holder requests, in writing, that it be revoked;
- 4.5.3 The terms of the agreement under this By-law have not been complied with;
- 4,5.4 Vate; authorized under the Permit has not been commenced prior to its expiry
- 4.5.5 The Owner fails to comply with subsection 4.3 of this By-law.
- 4.6 If a Permit has expired, been cancelled or revoked after the work has commenced and prior to the completion of Site Alteration, the Owner shall forthwith restore the Site to its original condition or stabilize the Site to the satisfaction of the Director of Environmental Services in a manner that will prevent adverse impacts on the Adjacent properties and the environment.
- 4.7 Where the Director of Engineering refuses to issue a Permit, the applicant shall be informed in writing of the refusal.
## 5. PROHIBITIONS
- 5.0 No Site Alteration shall be permitted within any areas designated as Environmental Protection Areas as identified under the City's Official Plan or Zoning By-law, as each may be amended or replaced from time to time.
- 5.1 No Person shall permit, perform or cause to permit or to have performed Site Alteration on a Site within the City other than in conformity with this By-law and within the terms and conditions of a Permit issued under this By-law.
- 5.2 Every Person shall comply with an order issued under this By-law.
- 5.3 No Person shall permit or cause to be permitted any Site Alteration activities for storage purposes, unless the storage of such Fill on the Site is permitted by this By-law and the applicable Zoning by-law of the City.
- 5.4 No Person shall permit or cause to be permitted any Site Alteration activities unless:
- 5.4.1 It is done at the request of or with consent of the Owner of the Site where the Fil is to be placed, dumped or removed;
- 5.4.3 The Drainage system for the Site is provided in accordance with this By-law an all other applicable City By-laws and the Director of Engineering is satisfied tha the provision has been made where such Drainage is not provided by natural gradients or a Swale; and
- 5.4.4 Erosion and sediment control requirements are met as required by this By-law;
- 5.5 No person shall carry out any Site Alteration on any Site during any period in which a wind warning for the area has been issued by Environment Canada, except for mitigation measures designed to prevent adverse impacts on Adjacent sites and the environment.
- 5.6 No person shall carry out any Site Alteration Adjacent to or within 30 metres of Wetlands, Fish Habitat, significant valley lands, significant woodlands, significant wildlife habitat, habitats of Rare and Endangered Species, Areas of Natural or Scientific Interest and permanent or intermittent streams without having been issued a Permit under this By-law by the Director of Engineering or without having obtained written permission from the Conservation Authority where applicable.
- 5.7 No Site Alteration shall occur on any lands zoned Agricultural unless the owner provides a certificate, signed by a Qualified Person, confirming that the Site Alteration will result in maintaining or improving the overall fertility of the Agricultural Lands.
- 5.8 No person shall permit or cause to be permitted any Site Alteration activities that will result in:
- 5.8.1 Soil erosion;
- 5.8.2 Blockage of a storm drainage system;
- 5.8.3 Blockage of a natural Drainage system or Watercourse;
- 5.8.4 Siltation or pollution in a Watercourse;
- 5.8.5 Flooding or Ponding caused by a Watercourse overflowing its banks;
- 5.8.6 Unreasonable hindrance of the orderly Development of lands within the City;
- 5.8.7 Flooding or Ponding on a neighboring property or adverse effect on the amenitie Adjacent to the Site to which the Permit relates
- 5.8.8 A negative impact on any Environmental Protection Areas or Areas of Natural o Scientific Interest, Wetlands or wetland complex as identified by the Lake Simco Region Conservation Authority (LSRCA), Nottawasaga Valley Conservation Authority (NVCA), the Ministry of Natural Resources, or the City;
- 5.8.9 The contamination of Soil or groundwater; and
- 5.8.10 An adverse effect to archeological or historically significant features.
- 5.9 No Permit shall be issued for proposed Site Alteration that will result in:
- 5.9.1 Soil erosion;
- 5.9.2 Blockage of a storm Drainage system;
- 5.9.3 Blockage of a natural Drainage system or Watercourse;
- 5.9.4 Siltation or pollution in a Watercourse;
- 5.9.5 Flooding or Ponding caused by a Watercourse overflowing its banks;
- 5.9.6 Unreasonable hindrance of the orderly development of lands within the City;
- 5.9.7 Flooding or Ponding on a neighboring property or adverse effect on the amenities Adjacent to the Site to which the Permit relates;
- 5.9.8 A negative impact on any Environmental Protection Areas or Areas of Natural o Scientific Interest, Wetlands or wetland complex as identified by the Lake Simco Region Conservation Authority, Nottawasaga Valley Conservation Authority, the Ministry of Natural Resources, or the City;
- 5.9.9 The contamination of Soil or groundwater; and
- 5.9.10 An adverse effect to archeological or historically significant features.
## 6. EXEMPTIONS AND EXCEPTIONS
- 6.0 Sites less than 0.5 hectares in size shall be exempted from the requirements to obtain a Permit provided that:
- 6.0.1 Such Site is not Adjacent to an Environmentally Protected Area and meets the criteria set out in Section 5.0 and 5.8; or
- 6.0.2 The Site Alteration does not in any way affect the land Drainage of the abutting sites. Despite the permit exemption, sites less than 0.5 hectares in size remain subject to, and shall comply with, all other relevant provisions of this By-law, an other applicable by-laws, legislation or regulation of any level of government
- 6.1 A permit will not be required for a Previously Developed Site where the Site Alteratior Area is less than 0.5 hectares in size
- 6.2 This By-law does not apply:
- 6.2.1 Where no more than 300 mm of soil in depth is placed on sites for the purpose of lawn dressing, landscaping, adding to flower beds or vegetable gardens, provided that:
- 6.2.1.1 There is no change in the location, direction or elevation of any natural or artificial Watercourse, open channel, Swale or ditch flow rate used to drain land; and
6.2.1.2 There is control of any sediment runoff.
- 6.2.2 To activities undertaken by the City;
- 6.2.3 To Site Alteration requirements imposed after December 31, 2002 as a condition to the approval of a Site plan, plan of subdivision or a consent under sections 41, 51, or 53 respectively, of the Planning Act or as a requirement of a Site plan agreement or subdivision agreement entered into under those sections;
- 6.2.4 To Site Alteration requirements imposed after December 31, 2002 as a condition to a Development permit authorized by regulation made under section 70.2 of the Planning Act or as a requirement of an agreement entered into under the
- 6.2.6 To Site Alteration undertaken as an incidental part of the drain construction under the Drainage Act, Tile Drainage Act or the Municipal Act, 2001;
- 6.2.7 To Removal of Topsoil as an incidental part of normal agricultural practices, sodfarming, greenhouse operations and nurseries for horticultural products. This exception does not include the Removal of Topsoil for sale, exchange or other deposition;
- 6.2.8 To Site Alteration requirements undertaken on Sites as described in a license for a pit or quarry or a Permit for a wayside pit or wayside quarry issued under the Aggregate Resources Act;
- 6.2.9 To Site Alteration requirements undertaken on Sites in order to lawfully establish and operate or enlarge any pit or quarry;
- 6.2.9.1 That land has not been designated under the Aggregate Resources Act or a predecessor of that Act; and
- 6.2.9.2 On which a pit or quarry is a permitted land use under a By-law pass der section 34 of the Planning Ac
- If a regulation is made under section 28 of the Conservation Authorities Act respecting the Site Alteration in any area of the City; 6.2.10
- To Removal or addition of Topsoil where the quantity of Topsoil removed o added in any one Site does not exceed five (5) cubic metres and does no contravene Section 5.8 of this By-law; or 6.2.11
- To Fill that is Placed or Dumped in an excavation to the elevation of Existing Grade following the demolition or Removal of a building or structure. 6.2.12
## 7. WORK ORDER
- 7.0 If an Enforcement Officer has reasonable or probable grounds to believe that contravention of this By-law has occurred, the Enforcement Officer may make an order requiring work to be done to correct the contravention.
- 7.1 An order issued under Section 7.0 shall set out:
- 7.1.1 The reasonable particulars of the contravention;
- 7.1.2 What the Owner must do to rectify the contravention;
- 7.1.3 The date and time by which the order must be complied with;
- 7.1.4 A statement that if the work is not done in compliance with the order within the specified time period; the City may have the work done at the expense of the Owner;
- 7.1.5 Information regarding the City's contact person; and
- 7.1.6 The name of the Owner, the municipal address and the legal description of the Site that is the subject of the contravention.
## 8. STOP WORK ORDER
- 8.0 If an Enforcement Officer has reasonable or probable grounds to believe that a contravention of this By-law has occurred, the Enforcement Officer may make an order site Alteration to dis of the an acties on eraused or permitted to be caused the
## 8.1 An order issued under Section 8.0 shall set out:
- 8.1.1 The reasonable particulars of the contravention;
- 8.1.2 What the Owner must do to rectify the contravention;
- The date and time by which the order must be complied with;
- 8.1.4 A statement that if the work is not done in compliance with the order within the specified time period, the City may have the work done at the expense of the Owner;
- 8.1.5 Information regarding the City's contact Person; and
- 8.1.6 The name of the Owner, the municipal address and the legal description of th ite that is the subject of the contraventior
## 9. ADMINISTRATION AND ENFORCEMENT
- The Director of Environmental Services may delegate any of his/her duties under this Bylaw. 9.0
- 9.1
- 9.2 No Person shall hinder or obstruct, or attempt to hinder or obstruct, any Enforcement Officer who is exercising a power or performing a duty under this By-law.
- 9.3 This By-law shall apply to all Site Alteration on all Sites within the City whether suct activity occurred prior to the date of the passage of this By-law, or subsequent to the passage of this By-law.
## 10. SERVICE OF ORDERS
- 10.0 Orders issued by an Enforcement Officer under Section 7.0 and 8.0 shall be served personally upon the Owner or by prepaid registered mail to the last known address of the Owner and any other Person to be served. If served by registered mail, the document shall be deemed received by the Owner 7 days after mailing.
- 10.1
## 11. WORK TO BE DONE BY THE CITY
- 11.1 If the costs for work pursuant to Section 11.0 are not paid to the City within 30 days of vritten demand thereof, the Treasurer may add the costs, including interest, to the tax ro or the Site and collect them in the same manner as municipal taxe
## 12. OFFENCE AND PENALTY
- 12.0
- 12.1 Every Person who contravenes the provisions of any section of this By-law and every Director or Officer of a Corporation, who knowingly concurs in the contravention by the Corporation, is guilty of an offence under the provisions of the Municipal Act.
- 12.2 Every Person who contravenes the provisions of any section of this By-law and every Director or Officer of a Corporation, who concurs in the contraventions by the
- 12.3 For the purpose of Continuous Offences, every Person who contravenes any provision of this By-law and every Director or Officer of a Corporation who knowingly concurs in the ontravention of a by-law of the Corporation is guilty of an offence and liable eviction to a penalty not exceeding $10,000, exclusive of costs under the provisions
- 12.3.1 Notwithstanding Section 12.3 and the provisions of the Municipal Act 2001, the total of all daily fines for the offence is not limited to $100,000
- 12.4 For the purpose of multiple offences, every person who contravenes any provision of this By-law and every Director or Officer of a Corporation who knowingly concurs in the ontravention of a by-law of the Corporation is guilty of an offence and liable o T the Munica Act yo: exceeding s100,00, exclusive of costs under the provision
- 12.4.1 Notwithstanding Section 12.5 and the provisions of the Municipal Act 2001, the total of all daily fines for the offence is not limited to $100,000.
## 13. SEVERABILITY
- 13.0 If a court or tribunal of complement jurisdiction declares any provision or part of : rovision of this By-law to be illegal or unenforceable for any reason whatsoever, ther that particular provision or part of the provision shall be severed and the remainder of this By-law shall continue to remain in full force and shall be valid and enforceable to the
## 14. APPLICATION OF OTHER LAWS AND APPROVALS
## 15. SCHEDULES
- 15.0 The following Schedules attached to this By-law form and are part of this By-law:
- 15.0.1 Schedule "A" Security Deposit;
- 15.0.2 Schedule "B" Standards for Site Alteration Plans;
- 15.0.3 Schedule "C" Site Design Guidelines;
- 15.0.4 Schedule "D" Permit Conditions; and
- 15.0.5 Schedule "E" Application for Site Alteration Permit.
- 15.1 The Schedules identified in Section 15.0 may be amended and/or updated from time to ime by the City as approved by the General Manager of Infrastructure and Growth Management.
## 16. SHORT NAME
- 16.0 This By-law shall be referred to as the "Site Alteration By-law".
## 17. REPEAL
- 17.0 By-law 2006-101, as amended, is hereby repealed.
## 18. FORCE AND EFFECT
- 18.0 ThereBy taw shall come into force and have effect immediately upon the final passing
READ a first and second time this 25" day of August, 2014
READ a third time and finally passed this 25" day of August, 2014
THE CORPORATION OF THE CITY OF BARRIE
CITY CLER K - DAWN A. MCALPINE
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## SECURITY DEPOSIT
1. A Security Deposit in favour of the City to cover $5000.00 per hectare of Site Alteration Area is required to cover the total estimated cost of erosion and sediment control measures or Site control measures for the duration of the Permit is required. The City will also require a Security Deposit of $5,000.00 for damages to roads such as mud tracking and dust control. The Security Deposit shall be in a form acceptable to the City Clerk.
2. 1.1 The Security Deposit must remain in effect for the full duration of the permit. Any Security Deposit and its subsequent renewal forms shall contain a clause stating that thirty (30) days written notic nust be given to the City prior to its expiry or cancellation; an
3. 1.2 In the event that the City receives notice that a Security Deposit is expiring and will not be renewed, or, if further or additional securities are not provided within the said thirty (30) days, the City may draw on the current Security Deposit at the discretion of the Director of Engineering The permit holder agrees that any interest accruing on the realized security shall belong to the City and not the Permit Holder.
2. It is the responsibility of the Permit Holder:
5. 2.1 o provide proof satisfactory to both the Director of Environmental Services and the Director o equirements of this By law and ten sale Alalion an ad and arabig id in anorance with they
6. 2.2 This Bylaw have ben complet witary out a final inspection to confirm that al relevant terms of
7. le Permit shall be made available to the applicant within forty (40) working days of receipt of mpleted application and provided that all of the required information is presented to the City for revie
8. 3.
## SCHEDULE A
## STANDARDS FOR SITE ALTERATION PLANS
The Owner shall ensure that the information required for Site Alteration Plans are provided by a Qualified Person. Two (2) certified paper copies and one (1) digital version copy of the Site Alteration Plan are required to be submitted to the Director of Engineering. All plans are to be in metric units and printed from the original drawings with all information provided legible and clear. All plans are to be folded to 8.5" × 11.0" size with the title blocks visible. All elevations shall be tied to the existing City benchmarks and be related to geodetic datum (NAD 83). Digital copies are to be submitted in original software format (ACAD/ARC GIS).
## 1. GENERAL REQUIREMENTS
The Site Alteration Plan shall be at a scale of 1:500 (or 1:1000 if accepted by the Director of Engineering) and shall include the following requirements:
- 1.1 A key map showing the location of the Site, Site boundaries, number of hectares of the Site, the Site Alteration Area, the Site address or Site number, plan numbers, bearing distance over perimeter, the nearest major intersection, a legend and a north arrow;
- 1.2 She use of the site and the location and use of the building and other structures Adjacent to the
- 1.3 The location, dimensions and use of the buildings and other structures existing or proposed to be erected on the Site;
- 1.4 The location of driveways on each Site and all basements and right-of-way over, under, across or through each Site;
- The location of lakes, streams, wetlands, channels, ditches, other water courses, other water bodies and environmental protection areas on and within thirty (30) metres beyond the site boundary;
- The location of the Regional storm flood line and the Conservation Authority Fill regulation lines;
- The location and identification of predominant Soil types;
- 1.8 The location and species types of existing vegetative cover, including the species and size of all trees and shrubs;
- 1.9 The location and dimensions of any existing and proposed storm water drainage systems and natural drainage patterns on and within thirty (30) metres beyond the Site boundary;
- 1.10 The location of any easements on the Site;
- 1.11 he location and dimensions of utilities, structures, roads, highways and paving on the Site with hirty (30) metres beyond the Site boundar
- 1.12 The identification of the proposed Finished Grade elevations of the Site;
- 1.13 The location and dimensions of all proposed Site Alteration activities;
- 1.14 The location and dimensions of all proposed temporary stockpiles for Fill, Soil and other materials;
- 1.15 The location and dimension of all proposed access routes from highways;
- 1.16 The location and dimensions of all proposed staging areas for equipment;
- 1.17 An indication on the drawing of the directions of overland flow and overland flow routes;
- 1.18 A field survey of the existing Site topography at a contour interval not to exceed one half of one metre determined in accordance with the Canadian Geodetic Datum and to extend a minimum of thirty (30) metres beyond the Site boundary with spot elevations along the property line at 0.5-1.0 metre intervals to clearly show the existing Drainage patterns on the Site and the Adjacent Sites;
- 1.19 The location, dimensions, design details and design calculations of all Site control measures, including plan and profile drawings of Erosion and Sediment Controls (ESC) and Storm water management devices, necessary to meet the requirements of this By-law. As required in this By. law for the Sites with more than five (5) ha disturbed at a time, or in a staggered manner, all of which are served by a common discharge location, a Sediment Control Pond or equivalent control measures shall be provided. The design criteria for Sediment Control Ponds is provided ir Schedule "C" of this By-law;
## SCHEDULE B
- 1.20 Provisions for the maintenance of the Site and control measures and a schedule for monitoring procedures during construction including a mud tracking prevention program which describes the procedure for mud tracking prevention and road clean up and designating a contact Person for such a program throughout each land disturbing and land developing activity;
- 1.21 A schedule of the anticipated start and completion dates of each land disturbing or land developing activity including the installation of erosion and sediment control measures needed at the Site to meet the requirements of this By-law;
- 1.22 Details of Site rehabilitation including the type and location of all interim and permanent stabilization measures;
- 1.23 A certificate on the drawings, executed by a Qualified Person or a Registered Ontario Land Surveyor, in the following form:
"I have reviewed the plans for the construction of
- 1.24 And such other information with respect to the Site as may be required by the Director of Engineering.
## 2. EROSION AND SEDIMENT CONTROL PLAN
An Erosion and Sediment Control Plan (ESC Plan) shall be completed and submitted as part of the Site Alteration Plan. An ESC Plan shall include but may not be limited to the following requirements:
- 2.1 Project description including the nature and purpose of land disturbing activity, the legal description of the Site, and a reference to Adjacent Sites and landmarks;
- 2.2 Condition of the existing Site including Site use, Site topography, Soils, vegetation, Drainage system, and receiving waters;
- 2.3 Description of areas within the Development Site that have potential for serious erosion or sediment transportation problems;
- 2.4 Description of the features in the drawing as per Section 1 of this Schedule;
- 2.5 A delineation and description of the measures to be undertaken to prevent erosion and to retain sediment on the Site, including but not limited to, the designs and specifications for Swales, dikes, drains, sediment control ponds, and a schedule for their maintenance and upkeep;
- 2.6 A delineation and description of the vegetative measures to be used, including, but not limited to, mulches, types of seeds and fertilizers and their application rates, the type, location and extent of pre-existing and undisturbed vegetation types and a schedule for maintenance and upkeep;
- 2.7 Description of any new Erosion and Sediment Control (ESC) techniques and effective measures provided such techniques are proven to be as or more effective than the equivalent ESC
- 2.8 Record keeping procedure including sample inspection and maintenance forms. Maintenance record-keeping procedure including name of the Person who will keep the inspection and maintenance records;
- 2.9 An estimate of the cost of implementing and maintaining all interim ESC measures as per standards acceptable to the City; and
- 2.10 The ESC Plan must be stamped, dated and signed by a Qualified Person.
## 3. FILL MANAGEMENT PLAN
Where excess Fill is to be received at a site, a Fill Management Plan shall be completed by a Qualified Person and submitted as part of the Site Alteration Plan. A Fill Management Plan shall include but may not be limited to the following requirements:
- 3.1 The Qualified Person shall ensure that any excess Fill received at the Site meets the standards set out in the Soil, Groundwater and Sediment Standards referenced in O. Reg 153/04, as ma e amended from time to time, with respect to all contaminants in the Fill
- 3.2
- 3.3 Completion of a pre-Fill Site condition assessment report for Soil and groundwater;
- 3.4 Provide a characterization and pre-approval from all excess Fill source locations prior to the acceptance of any excess Fill at the Site;
- 3.5 Provide a plan for dust and noise controls;
- 3.6 Provide a plan for traffic and transportation management;
- 3.7 Provide details of how each load will be visually inspected to screen for odours, visible staining or debris
- 3.8 Provide details regarding record keeping and establishing written documentation for the tracking of all incoming loads of Fill including;
- 3.8.1 Date and Time of arrival to the Site;
- 3.8.2 Name and location of the source Site;
- 3.8.3 Quantity of excess Fill received;
- .8.4 Written confirmation and analytical results provided by the Site Qualified Perso icknowledging that the Fill is acceptable for receipt at the Site as well as audit samplin protocols that would be representative of the volume of excess Soil received; and
- 3.8.5 Rejections of any loads of Fill due to visual inspection or review of analytical results.
- 3.9 Once excess Fill is received, written documentation must be provided by the Qualified Person t he Director of Environmental Services confirming the Fill was received and the quality of Fill wa appropriate;
- 3.11 Contingency plans outlining actions to be taken if audit sampling or other information identifie oncerns with Fill quality from a source site; an
- 3.12 Retaining Walls are required if the Finished Grade of the Site is higher than that of the Existin rade of the Adjacent Sites. The details of the Retaining Wall including dimensions shall be dul signed by a Qualified Person.
## SITE DESIGN GUIDELINES
Site Alteration shall prevent the impairment of water, groundwater and Soil quality as well as the off-site effects of
## 1. SITE DEWATERING
- 1.1 diety no the receiving Body of loader and preted tral, prince and pride to do care. requirements set forth through legislation; and
- 1.2 Water pumped from the Site shall be treated by structural devices such as sediment control condo, gri chambers, sand fillers, up-fow chambers, swirl concentrators or other appropriate
- 1.3 " wyser is ever Use By law, ng deatong operal s may thorouite pros set voter is that permitted to discharge directly into a receiving Body of Water.
- 1.4 Where a Permit to Take Water from the Ministry of the Environment (MOE) is required for the Site, the Applicant shall obtain a written approval from the City by way of a discharge agreement to discharge through the City's Sewer Use By-law 2012-172 as may be amended or replaced from time to time.
## 2. DRAIN INLET PROTECTION
- 2.1 All storm drain inlets shall be protected with filter fabric or equivalent barriers so as not to admit sediment-laden run-off from the disturbed areas and the control measures must meet the standards and specifications accepted by the Director of Engineering.
## 3. SITE EROSION AND SEDIMENT CONTROL PRACTICES
The Site Alteration Plan should consider the following types of controls;
- 3.1 Stabilization practices for Soil erosion and sediment control are commonly of three types:
- Vegetative stabilization practices such as temporary seeding sod stabilization, permanent seeding and planting, maintenance of buffer zone, and preservation of natura vegetation;
- 3.1.2 Non-vegetative stabilization practices such as mulching, geo-textiles, Soil-retaining measures and stream bank stabilization; and
- 3.1.3 -stream stabilization practices such as temporary stream crossings, cofferdams, mes, sediment curtains, by-passes or full diversions, and de-waterin
- 3.2 unoff velocity dissipation measures, which slow down the runoff flowing across the Site by usin leasures such as check dams, surface roughening and gradient terraces
- 3.3 Stormwater runoff controls, which prevent runoff from flowing across disturbed areas by using measures such as earth dikes, Drainage Swales and drains;
- 3.4 Structural practices such as temporary sediment control ponds, which hold storm water runoff in a controlled fashion and remove sediments in the storage device; and
- 3.5 In the event that a sediment control pond cannot be constructed to service the entire Site (i.e.,
## 4. SEDIMENT CONTROL POND
- 4.1 s required in this By-law, for Sites with more than five (5) ha disturbed at a time, or in aggered manner, all of which are served by a common discharge location, a series of Sedime Control Ponds shall be provided.
## SCHEDULE C
- 4.2 Sediment Control Pond Design should be as follows:
- 4.2.1 The Sediment Control Pond shall be constructed prior to topsoil stripping or fill placement;
- 4.2.2 The sediment control pond and conveyance channels shall be located in such a way that the runoff will be captured and conveyed from the entire Site Alteration Area to the pond;
- 4.2.3 The sediment control pond volume shall consist of both permanent pool and active storage component. The permanent pool component should be sized for a minimum 125 m/ha or the volume required equivalent to an "Enhanced Protection" water quality control under the latest MOE SWM Planning and Design manual, whichever is greater. The active storage volume component should be sized for a minimum of 125 m/ha of runoff or the latest MOE, LSRCA/ NVCA requirements, whichever is greater and released over a minimum 24-hour period;
- 4.2.4 The depth to width ratio should be three (3) or greater but less than six (6) (ideally 4:1). Interior side slopes should be 3:1. Basin depth should be a minimum of 1.0 metres to avoid re-suspension of previously settled out sediment and less than 2.5 metres;
- 4.2.5 To maintain continuous function during the land disturbance period, the Site Alteration Plan shall provide the maintenance schedule. The sediment control pond must be cleaned once the designed permanent pool volume has been reduced by 50%. To verify sediment accumulation, the sediment control pond should be measured at least on a monthly basis from the start of land disturbance. Material that is dredged from a pond shall be stored on the lot in a suitable location; and
- 4.2.6 sediment control practices on the Site and perform the necessary assessments through the duration of the construction and stabilization period. Records of all monitoring, inspections, and repair works shall be documented to effectively identify and track areas of susceptibility and plan for future maintenance works, as well as, to share or report the information to other Site personnel. The inspection forms/reports shall be posted and presented for any agency staff visiting the site as evidence that due diligence was afforded to the implementation and maintenance of the approved Permit.
## 5. LAND DISTURBING ACTIVITIES THAT RESULT IN RUNOFF LEAVING THE SITE
- 5.1 All the activities on the property shall be conducted in a phased manner subject to the satisfaction of the Director of Engineering to minimize the area of bare Soil exposed at any one time.
- 5.2 Concentrated runoff from adjacent areas passing through the Site shall be diverted around disturbed areas, if practical. Otherwise, the channel shall be protected by cut-off Swales and/or silt fences being placed along channel edges to avoid sediment from disturbed areas reaching the channel.
- 5.3 Any topsoil or dirt storage piles containing more than one hundred cubic metres (100m°) of material shall not be located less than ten (10) metres from or up the slope from a roadway, building structure or channel. If remaining for more than thirty (30) days, said Soil or Fill storage piles shall be stabilized by mulching, vegetative cover, traps or other means. Erosion from Soil or Fill storage piles which will be in existence for less than thirty (30) days shall be controlled by sediment control fence (i.e., silt fence) barriers around the pile.
- 5.4 By Tapso stockpiled, prior to the passing of this By-law shall be subject to the provisions of this
- 5.5 Runoff from the entire Site Alteration Area on the Site shall be controlled as follows:
- 5.5.1 All disturbed areas that has been stripped of Topsoil shall be stabilized by seeding, sodding, mulching, or other acceptable control measures. The period of time of inactivity shall not exceed thirty (30) days unless otherwise permitted by the Director o Environmental Services.
- 5.5.2 Notwithstanding the above paragraph, a Permit Holder or Applicant for a Permit who has also applied for but not yet received a building permit or any other necessary permit may e granted an extension to the permitted period of inactivity, at the discretion of the Director of Environmental Services, provided that the applicant or Permit Holder provide satisfactory proof that he/she has made his/her best efforts to have said building or other macesily he file is sedured in for the seacon ill the defered for the period of
- 5.5.3 For Sites less than five (5) hectares disturbed at one time, sediment control fences and cut-off Swales/ channels or equivalent control measures shall be placed along all downslope boundaries of the Site;
- .5.4 For Sites Adjacent to existing residential areas, a fence and cut-off swale/channel may b equired around the entire perimeter of the Site to prevent Drainage onto private lands. three (3) metre wide buffer strip and/or sediment control fence shall be provided along the perimeter of the down-slope boundaries of the Site;
- For Sites with extensive Fill requirements, the Director of Environmental Services may waive the requirements for stabilization of disturbed areas after thirty (30) days of inactivity provided that the sediment control measures have been implemented to the satisfaction of the Director of Environmental Services.
- 5.6 All waste and unused building materials (including garbage, cleaning wastes, wastewater or any hazardous materials) shall be properly disposed of and not allowed to be mixed with Soil and carried by runoff from the Site into a receiving Watercourse or storm sewer system.
- 5.7 Precautions shall be taken to ensure that mud will not be tracked offsite by any vehicle exiting the
- 5.8 Rehabilitation shall take the form of:
- Leveling and regrading of the affected lands, the planting of trees, shrubs and other vegetation or other landscaping; and
- 5.8.2 The replacement of Topsoil to a minimum depth of ten (10) cm and the stabilization b ither sodding, hydro-seeding, mulching, or such other methods as approved by it Director of Environmental Services.
## PERMIT CONDITIONS
## 1. All Permit Holders under this By-law shall:
- 1.1 Notify the Director of Engineering within 48 hours prior to any Site Alteration activity;
- 1.2 Notify all residents, within a 500 metre radius of the Site, three (3) weeks before the commencement of Site Alteration;
- 1.3 Notify the Director of Engineering of the completion of any erosion and sediment control measures, within 48 hrs after installation;
- 1.4 Notify the Director of Engineering of the Removal of any erosion and sediment control measures, within 48 hrs after decommissioning;
- 1.5 Obtain permission in writing from the Director of Engineering prior to modifying the Site Alteration Plan;
- 1.6 Install all erosion and sediment control measures, as identified in the approved Site Alteration Plan, prior to Soil Stripping;
- 1.7 Maintain all road Drainage systems, stormwater Drainage systems, control measures and other facilities identified in the approved Site Alteration Plan;
- 1.8 Repair any erosion or sedimentation damage to adjoining surfaces and Watercourses resulting from Site Alteration activities;
- 1.9 Inspect the erosion and sediment control measures at least once per week and after each rainfall and provide written inspection reports to the City. Complete any repairs within 48 hours to the satisfaction of the Director of Environmental Services;
- 1.10 Allow employees of the City and/or any other person(s) working on behalf of the City, to enter the Site for the purpose of inspecting for compliance with the approved Site Alteration Plan or for performing any work necessary to bring the Site into compliance with the approved Site Alteration Plan;
- 1.11 Maintain a current approved copy of the Site Alteration Plan and the Permit on the Site, as well as, copies of all inspection reports, at all times;
- 1.12 responsible a station of no of apa, ce vane Pemployees, contractors and subcontractors
- 1.13 Construct additional erosion and sediment control measures, not identified in the Site Alteratio lan, as deemed necessary by the Director of Environmental Services to ensure no erosion ar sediment damage to the Adjacent Sites; and
- 1.14 Not remove trees or other vegetation designated as environmentally significant or otherwise to be protected unless permission is obtained from the City;
## 2. The City may:
- 2.1 Inspect the Site periodically to ensure compliance with the By-law, particularly the Site Alteration Plan, that was approved as part of the Permit;
- 2.2. Upon failure by the Permit Holder to complete all or part of the works in the time stipulated in the approved Site Alteration Plan, draw the appropriate amount from the Securities deposited and use funds to arrange for the completion of the said works, or any part thereof;
- 23 Upon failure by the Permit Holder to install, repair, maintain or decommission a specific erosion and sediment control as requested by the City, and in the time requested, authorize the use of all or part of the Securities to pay for the associated costs incurred, at the Director of Engineering discretion as deemed necessary at any time; or
- 2.4 In the case of emergency repairs or clean-up, undertake the necessary works at the expense o the Permit Holder and reimburse itself out of Securities posted by the Permit holder; anc
- 2.5 Inform the Applicant, where necessary, that additional information is required to ensure that erosion and sediment damage does not occur to Adjacent Sites from the activities on the Site.
## SCHEDULE D
## SCHEDULE E
## SITE ALTERATION PERMIT APPLICATION
Pursuant to the City of Barrie By-law 2014-100
## OWNER/ APPLICANT INFORMATION
SITE OWNER: (Check one)
Registered Land Owner:
- [ ] Person(s)
Surname:
First name:
Initial:
- [ ] L Company
ame: (if Compan
mpany Office
Address:
Contact Information
Telephone:
Cell:
Fax:
Email:
Surname:
First name:
Position:
Application Contact Person:
(if not the property owner)
lame: (if Company
Company Officer
Address:
Contact Information
Telephone:
Cell:
Fax:
Email:
## BRIEF DESCRIPTION OF PROPOSED WORK
## PROPERTY INFORMATION
Address:
Registration Plan Number:
Roll Number:
Lot/ Block Number(s):
Conc. & Lot Number:
19TM Number:
## QUALIFIED PERSON AND/OR CONSULTANT INFORMATION
Company Name:
Contact Person:
Surname:
First name:
Position:
Address:
Contact Information:
After hours Contact Information:
Telephone:
Cell:
Fax:
Email:
Surname:
First name:
Telephone:
Cell:
Email:
\_egal Nam greements for Use with
Designate Which Dorespondence Will be Sech
All
## CONTRACTOR INFORMATION
Company Name:
Contact Person:
Surname:
First name:
Position:
Address:
Contact Information
After
hours
Information:
Contact
Telephone:
Cell:
Fax:
Email:
Surname:
First name:
Telephone:
Cell:
Email:
Legal Name for Use with Agreements:
Which
Correspondence Wilbe Sent:
## APPLICATION REQUIREMENTS
Proposed Start Date:
Proposed Completion Date:
Site Area:
Site Alteration Area Size:
Required & Included:
- [ ] Completed Application
- [ ] (as per Section 3.1.1) Applicable Application Permit Fees
- [ ] (as per Section 3.1.2) Securities
- [ ] (as per Section 3.1.3) Proof of Liability Insurance
(as per Section 3.1.4)
- [ ] Site Alteration Plan 12 copies)
(as per Section 3.1.5)
ha
ha
Notes of Explanation
## OWNER'S AUTHORIZATION (If an Agent is used)
The Owner must complete this section. For more than one owner, a separate authorization from each individua or corporation is required. Attach an additional page or pages in the same format as this authorization, il necessary.
I, Site, hereby authorize being the registered owner of the subject (print agent's name), to submit the
Signature:
above application to the City of Barrie for approval thereof.
Name of Signatory:
## APPLICANT'S CERTIFICATION
THE APPLICANT has read the Site Alteration By-law and Schedules and agrees to abide by all the conditions therein.
1, hereby make the above application for Site Alteration, declaring that all information contained herein is true and correct, and acknowledging the City of Barrie will process the application based upon the information provided.
Signature:
Title:
Date:
Title: