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1
THE CORPORATION OF THE CITY OF BRAMPTON
Office Consolidation
Site Alteration By-law 119-2024
To regulate site alterations within the City of Brampton, and to repeal By-law
143-95 and By-law 30-92
(Amended by By-laws 99-2025, 129-2026)
WHEREAS Subsection 8(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, (hereinafter the "Municipal Act, 2001") provides that the powers of a
municipality shall be interpreted broadly so as to confer broad authority on
municipalities to enable them to govern their affairs as they consider appropriate, and
to enhance their ability to respond to municipal issues;
AND WHEREAS Section 9 of the Municipal Act, 2001, as amended, provides that a
municipality has the capacity, rights, powers, and privileges of a natural person for
the purpose of exercising its authority under any Act;
AND WHEREAS Subsection 11(1) of the Municipal Act, 2001, as amended, provides
that a municipality may provide any service or thing that the municipality considers
necessary or desirable for the public;
AND WHEREAS Subsection 11(2) of the Municipal Act, 2001, as amended, provides
that a municipality may pass by-laws respecting: in paragraph 5, Economic, social,
and environmental well-being of the municipality; in paragraph 6, Health, safety, and
well-being of persons; in paragraph 8, Protection of persons and property, including
consumer protection;
AND WHEREAS Section 23.2 of the Municipal Act, 2001, as amended, permits a
municipality to delegate certain legislative and quasi-judicial powers where the
council of the municipality is of the opinion that the power being delegated is of a
minor nature;
AND WHEREAS Section 129 of the Municipal Act, 2001, as amended, authorizes a
municipality to prohibit and regulate with respect to noise, vibration, and dust;
AND WHEREAS Subsection 135(1) of the Municipal, Act 2001, as amended,
authorizes local municipalities to pass by-laws to prohibit or regulate the destruction
or injuring of trees;
AND WHEREAS Section 142 of the Municipal Act, 2001, as amended, authorizes a
municipality to pass by-laws to prohibit, regulate, or require a Permit for, and impose
conditions upon, the placing or dumping of Fill, removal of Topsoil or alteration of the
grade of land in any defined area or areas in the City of Brampton, including
conservation authority regulated areas;
AND WHEREAS Subsection 391(1) of the Municipal Act, 2001, as amended,
authorizes a municipality to impose fees or charges for services and activities carried
out under this By-law;
2
AND WHEREAS Section 434.1 of the Municipal Act, 2001, as amended, authorizes
a municipality to require a person to pay an administrative penalty if the municipality
is satisfied that the person has failed to comply with a by-law of the municipality
passed under the Municipal Act, 2001.
AND WHEREAS the Official Plan for The Corporation of the City of Brampton
contains specific policies for site alteration, pre-servicing, grading, and use of soil on
sites;
AND WHEREAS the City Council of The Corporation of the City of Brampton deems
it appropriate to enact this By-law for the purposes set out below:
a) To protect agricultural resources and natural heritage features from Negative
Impacts;
b) To prevent drainage issues and public nuisances;
c) To maintain existing Drainage patterns and prevent erosion and sedimentation;
d) To prevent interference and damage to watercourses or water bodies;
e) To maintain ground and surface water quality;
f)
To prevent the discharge of a contaminant into the natural environment;
g) To prevent the degradation of the pre-existing Soil and groundwater quality;
h) To designate Haul Routes to minimize, interference and disturbances;
i)
To minimize disturbances to landform characteristics;
j)
To prevent the importation of hazardous materials;
k) To apply best practices for the proper management of excess soil; and,
l)
To ensure the proponent of the Site Alteration project pays for all applicable
costs.
NOW THEREFORE the City Council of The Corporation of the City of Brampton
ENACTS as follows:
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CONTENTS
PART 1 INTERPRETATION AND APPLICATION ............................................................. 5
1
Short Title .................................................................................................................. 5
2
Interpretation ............................................................................................................. 5
3
Application ................................................................................................................. 9
4
Exemptions ................................................................................................................ 9
PART 2 ADMINISTRATION ............................................................................................. 10
5
Administration .......................................................................................................... 10
PART 3 REGULATIONS AND PROHIBITIONS ............................................................... 10
6
General Regulations ................................................................................................ 10
7
Prohibitions .............................................................................................................. 11
8
Prohibited Areas ...................................................................................................... 13
9
Potential Contamination .......................................................................................... 14
PART 4 PERMIT ADMINISTRATION ............................................................................... 14
10 Small Scale Site Alteration Permit ........................................................................... 14
11 Large Scale Site Alteration Permit ........................................................................... 14
12 Application Requirements ........................................................................................ 14
13 Permit Conditions .................................................................................................... 15
14 Permit Issuance ....................................................................................................... 15
15 Undertaking Work .................................................................................................... 16
16 Appeals ................................................................................................................... 16
17 Expiry ...................................................................................................................... 17
18 Renewal .................................................................................................................. 17
19 Revocation .............................................................................................................. 17
20 Transfer ................................................................................................................... 17
PART 5 LARGE SCALE SITE ALTERATIONS ............................................................... 18
21 General .................................................................................................................... 18
23 Permit Issuance ....................................................................................................... 19
24 Site Alteration Agreement ........................................................................................ 19
PART 6 ENFORCEMENT ................................................................................................. 19
25 Inspection ................................................................................................................ 19
26 Orders ..................................................................................................................... 20
27 Remedial Work ........................................................................................................ 21
PART 6 PENALTIES ........................................................................................................ 22
28 Offences .................................................................................................................. 22
29 Administrative Penalties .......................................................................................... 22
30 Fines........................................................................................................................ 22
PART 7 FEES ................................................................................................................... 23
31 Permit Fees ............................................................................................................. 23
32 Tipping Fees ............................................................................................................ 23
33 Security Deposit ...................................................................................................... 23
PART 8 SEVERABILITY .................................................................................................. 24
PART 9 CONFLICT .......................................................................................................... 24
4
PART 10 EFFECTIVE DATES AND REPEAL OF PREDECESSOR BY-LAWS ............. 24
SCHEDULE 1 TO SITE ALTERATION BY-LAW | FEES .................................................. 26
SCHEDULE 2 TO SITE ALTERATION BY-LAW | PERMIT APPLICATION ...................... 27
SCHEDULE 3 TO SITE ALTERATION BY-LAW | PERMIT TERMS AND CONDITIONS . 34
SCHEDULE 4 TO SITE ALTERATION BY-LAW | LARGE SCALE SITE ALTERATION
AGREEMENTS ................................................................................................................. 36
SCHEDULE 5 TO SITE ALTERATION BY-LAW | SITE EROSION CONTROL
MEASURES ...................................................................................................................... 38
5
PART 1 INTERPRETATION AND APPLICATION
1
Short Title
1.1 This By-law may be referred to as the "Site-Alteration By-law."
2
Interpretation
2.1
Wherever a word is used in this By-law with its first letter capitalized, the term is
being used as it is defined in this By-law.
2.2
References in this By-law to any statute or statutory provision include references to
that statute or statutory provision as it may from time to time be amended, extended,
or re-enacted.
2.3
References in this By-law to items in the plural include the singular, and references
to the singular include the plural, as applicable.
2.4
The words "include," "includes" and "including" are not to be read or interpreted as
limiting words, phrases, or descriptions that precede them.
2.5
In this By-law,
"Adverse Effect" means one or more of:
a) Impairment of the quality of the natural environment for any use that can be made
of it;
b) Injury or damage to property or plant or animal life;
c) Harm or material discomfort to any person;
d) An adverse effect on the health of any person;
e) Impairment of the safety of any person;
f)
Rendering any property or plant or animal life unfit for human use;
g) Loss of enjoyment of normal use of property; and
h) Interference with the normal conduct of business;
"Application" means an application to the Commissioner made under Part 4 or 5 of this
By-law;
"By-law" and "Site-Alteration By-law" means this By-law;
"City" means The Corporation of the City of Brampton or the land within the municipal
boundaries of the City of Brampton, as the context requires;
"Contaminant" means any solid, liquid, gas, odour, heat, sound, vibration, radiation, or
combination of any of them resulting directly or indirectly from human activities that cause
or may cause an Adverse Effect;
"Commercial Fill Operation" means a Large Scale Site Alteration which meets one or
more of the following criteria:
a) The Placing or Dumping of fill is for commercial benefit or gain, whether for the
owner or occupier of the land or for a third party, including the Placing or Dumping
of Fill involving remuneration paid, or any other form of consideration provided,
to the Owner or occupier of the land or a third party, whether or not the
remuneration or consideration is the sole reason for the Placing or Dumping of
the Fill;
b) The Placing or Dumping of Fill is for a commercial purpose;
c) The Fill is obtained from more than one source site and there is no Fill
Management Plan in effect; and
d) The Fill is generated as a function of a waste soil treatment and/or remediation
facility, whether or not such facility is operated under an Environmental
Compliance Approval;
6
"Drainage" means the movement of water to a place of disposal, whether by way of the
natural characteristics of the ground surface or by an artificial method;
"Dumping" means the depositing of fill in a location other than where the fill was obtained
and includes the movement and depositing of fill from one location on a property to
another location on the same property;
"Environmentally Sensitive Areas" means any area deemed to have ecological
significance, defined, and designated as environmentally sensitive by section 4.6.10 and
Schedule D of the Official Plan, but not limited to, terms such as Environmental Protection
Areas and Environmentally Significant Areas;
"Excess Soil" means soil, crushed rock, or soil mixed with rock or crushed rock, which
has been excavated as part of a project and removed from the project area for the project;
"Fill" includes Soil, subsoil, Topsoil, stone, sod, turf, clay, sand, gravel, or other such
similar material, either singly or in combination, capable of being removed from or
deposited on lands;
"Grade" means the elevation of the ground surface and shall be more particularly defined
as follows:
a) "Existing Grade" means the elevation of the existing ground surface of the lands
upon which the Placing, Dumping, cutting, or removal of Fill or altering of the
grade is proposed and of abutting ground surface up to 3 m wide surrounding
such lands, except where such activity has occurred in contravention of this By-
law, then Existing Grade shall mean the ground surface of such lands as they
existed prior to the said activity requiring a permit under this By-law;
b) "Proposed Grade" means the proposed finished elevation of the ground surface
after fill is dumped or placed, the grade altered, or the Topsoil removed; and
c) "Finished Grade" means the approved elevation of the ground surface of lands
upon which fill has been placed, dumped, cut, or removed or the
grade
altered in accordance with this By-law;
"Hauler" means an owner/operator of a vehicle transporting excess soil, including liquid
soil;
"Haul Routes" mean routes defined by the Commissioner as part of a Permit, or any
agreement made under this By-law that describes which routes must be followed when
transporting Fill to or from the Site;
"Hydrologically Sensitive Features" include permanent and intermittent streams,
wetlands, kettle lakes, seepage areas, and springs;
"Insurance" includes Commercial General Liability Insurance and Pollution Liability
Insurance, or any other Insurance as deemed necessary by the Commissioner;
"Key Natural Heritage Features" include wetlands, significant portions of the habitat of
endangered, threatened, or special concern species, fish habitat, areas of natural and
scientific interest, significant valley lands, woodlands, and wildlife habitat;
"Large Scale Site Alteration" means a Site Alteration involving more than 1,000 cubic
metres (approximately 100 triaxle truckloads) of Fill within a twelve (12) month period or
where the elevation of the site significantly increases or decreases from the existing
grade;
"Liquid Soil' means soil that has a slump of more than 150 millimetres using the Test
Method for the Determination of "Liquid Waste" (slump test) set out in Schedule 9 to
Regulation 347;
"Minor Landscaping" means yard maintenance activities, lawn dressing, driveway
resurfacing, installation of flower beds and vegetable gardens, installation of walkways
or pathways, and similar landscaping features on residential properties, that do not
adversely alter an existing drainage system approved by the City, a Stormwater 7
7
Management Facility, or easement in favour of the City; but, does not include the
installation or removal of retaining walls or the installation or filling in of an in-ground
pool. (replaced by By-law 129-2026)
"Negative Impact" means:
a) Potential risks to human health and safety and degradation to the quality and
quantity of water, sensitive surface water features and sensitive ground water
features, and their related hydrologic functions, due to single, multiple, or
successive development. Negative impacts should be assessed through
environmental studies including hydrogeological or water quality impact
assessments, in accordance with provincial standards;
b) Degradation to the quality and quantity of water, sensitive surface water features
and sensitive ground water features, and their related hydrologic functions, due
to single, multiple, or successive development or site alteration activities;
c) In regard to fish habitat, any permanent alteration to, or destruction of fish
habitat, except where, in conjunction with the appropriate authorities, it has been
authorized under the Fisheries Act; and
d) In regard to other natural heritage features and areas, degradation that threatens
the health and integrity of the natural features or ecological functions for which
an area is identified due to single, multiple, or successive development or site
alteration activities.
"Officer" means a person employed by the City and appointed as a Municipal Law
Enforcement Officer or any other person duly appointed by the City Council to administer
the provisions of this By-law;
"Owner" means:
a) The registered Owner of a Site, including any heirs, assigns, Personal
representatives, and successors in title;
b) Mortgagee in possession of the Site;
c) The Person for the time being managing or receiving the rent of the Site or
premises in connection with which the word is used whether on their account or
as agent or trustee of any other Person, or who would so receive the rent if such
land and premises were let; or
d) A lessee or Occupant of the Site who, under the terms of a lease, is required to
Repair and maintain the Site in accordance with the standards for maintenance
and occupancy of the Site.
"Permit" means a Site Alteration Permit issued pursuant to this By-law and includes any
agreements entered into by the City and the Owner of the land to which the Site Alteration
applies;
"Permit Holder" means a Person to which a Permit has been issued;
"Person" means an individual, multiple persons, partnership, heirs or legal
representatives, a corporation, or commissioner, director, or officer of a corporation;
"Placing" means the distribution of fill on lands to establish a finished grade higher or
lower than the existing grade, and includes soil stripping;
"Ponding" means where Placing or Dumping of fill or alteration of grade has
concentrated the flow of surface water and impaired drainage leading to collected
surface water that remains standing in excess of 48 hours in an area;
"Project" means, any project that involves the excavation of soil and includes,
a) Any form of development or site alteration,
b) The construction, reconstruction, erecting, or placing of a building or structure of
any kind,
c) The establishment, replacement, alteration, or extension of infrastructure, or
d) Any removal of liquid soil or sediment from a surface water body;
8
"Prohibited Area" means
a) Environmentally Sensitive or Significant Areas;
b) Natural Heritage System designated Areas;
c) Core Areas of the Greenlands System;
d) Provincially Significant Wetlands;
e) Valleylands or Watercourse Corridors;
f)
Core Woodlots;
g) Significant Wildlife Habitat;
h) Floodplains and Hazardous Lands;
i)
Hydrogeologically Sensitive Areas;
j)
Conservation Plan or as designated by the Official Plan
k) Wellhead Protection Areas, Significant Ground Water Recharge Areas, or High
Aquifer Vulnerability Areas as designated in Source Water Protection Plans, or
the Official Plan for the City of Brampton; and,
l)
Lands previously licensed or permitted and used as a pit or quarry under the
Aggregate Resources Act (or any predecessor legislation thereof), or otherwise,
whether such lands have been rehabilitated or not.
"Project Area" means, with respect to a project, a single property or adjoining properties
on which the project is carried out;
"Project Leader" means, in respect of a project, the person or persons who are ultimately
responsible for making decisions relating to the planning and implementation of the
project;
"Qualified Person" means a person qualified as defined within Ontario Regulation 153/04
- "Qualified Person, other than Risk Assessment" as amended;
"Receiving Site" means the property to which Fill is transported and will include the term
"Site;"
"Rules for Soil Management and Excess Soil Quality Standards" is adopted by reference
in O. Reg. 406/19 (On-Site and Excess Soil Management) made under the
Environmental Protection Act, R.S.O. 1990, c. E.19
"Retaining Wall" means a concrete or concrete product wall or other material approved
by the Commissioner designed to contain and support fill that has a finished grade higher
than that of adjacent lands;
"Site" means land or property upon which there has been a Site Alteration or upon which
a Site Alteration is proposed and will include the term "Receiving Site;"
"Site Alteration" means any activity that involves the Dumping, removing, moving,
excavating, or grading of soil or fill or alters the grade (topography) of land, but does not
include Minor Landscaping;
"Site Alteration Agreement" means a legal agreement between the property Owner and
the City which is Registered on Title to the lands on which the Site Alteration is to take
place;
"Small Scale Site Alteration" means any Site Alteration undertaken on a Property within
a twelve (12) month period where:
a) The cumulative volume of Fill does not exceed one thousand cubic metres
(1,000m3), equivalent to one hundred (100) triaxle truckloads;
b) The total area of the Property subject to the Site Alteration, excluding all
buildings, structures, and fixed features, does not surpass one hectare (1ha);
"Soil" means unconsolidated naturally occurring mineral particles and other naturally
occurring materials resulting from the natural breakdown of rock or organic matter by
physical, chemical, or biological processes that are smaller than 2 millimetres in size or
that pass the US #10 sieve.
9
"Stormwater Management Facilities" means any rooftop storage, flow control device,
tank, pond, stormwater wetland, oil grit separator, water quality unit, manufactured
treatment device, rainwater harvesting system, or low-impact development practice
created to control stormwater quantity, quality, water balance, or erosion.
"Swale" means a shallow depression in the ground sloping to a place of disposal of
surface water for the purpose of providing a method of Drainage; and
"Topsoil" means those horizons in a Soil profile, commonly known as the "A" and "O"
horizons, containing organic material and includes deposits of partially decomposed
organic matter such as peat.
3
Application
3.1
The Schedules appended to this By-law are incorporated into and form part of this
By-law.
3.2
The provisions of this By-law, as amended from time to time, shall form part of the
development approval process governed by the Planning Act.
3.3
An application for a permit may be processed concurrently with an application
submitted pursuant to the Planning Act and may form part of the technical
information requested in order to consider the planning application complete.
3.4
This By-law applies to all land in the City of Brampton, including areas within the
Conservation Authority regulated areas.
4
Exemptions
4.1
This By-law shall not apply to Site alterations that:
(1)
Are undertaken by the City or a local board of the City;
(2)
Are imposed after December 31, 2002, as a condition to the approval of a
Site Plan, a 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;
(3)
Are 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 that regulation;
(4)
Are undertaken by a Transmitter or Distributor, as those terms are defined
in section 2 of the Electricity Act, 1998 for the purpose of constructing and
maintaining a Transmission System or a Distribution System, as those
terms are defined in that section;
(5)
Are undertaken on land described in a licence for a pit or quarry or a permit
for a wayside pit or wayside quarry issued under the Aggregate Resources
Act;
(6)
Are undertaken on land in order to lawfully establish and operate or enlarge
any pit or quarry on land that has not been designated under the Aggregate
Resources Act or a predecessor of that Act, and on which a pit or quarry is
a permitted land use under a By-law passed under section 34 of the
Planning Act;
(7)
Are undertaken as an incidental part of drain construction under the
Drainage Act or the Tile Drainage Act, 2001;
(8)
Are for the purpose of Minor Landscaping on residential properties; and,
(9)
Are incidental to a normal farm practice including such removal/placement
as an incidental part of sod-farming, greenhouse operations, and nurseries
for horticultural products, provided that associated stockpiles,
10
a)
Are used, depleted, and refreshed on a continuous basis during
periods when the stockpiles are actively in use in the agricultural
operation;
b)
Are removed and the existing grade restored while the agricultural
operation is suspended or during periods when the stockpiles are not
actively in use in the agricultural;
c)
No stockpile remains substantially unchanged for longer than 6
months; and
d)
Does not include the removal of Topsoil for sale, exchange, or other
disposition.
4.2
The following activities are exempt from the requirement for a permit:
(1)
The use, operation, establishment, alteration, enlargement, or extension of
a waste disposal site within the meaning of Part V of the Environmental
Protection Act;
(2)
Are in relation to the construction of a building pursuant to a valid building
permit associated with the erection of a building, structure, or on-site
sewage system and the Site plan accompanying the building application
provides sufficient information to determine that the placement of Fill
conforms with the provisions of the By-law, and the quantity of Fill, if any,
is deemed necessary and reasonable by the Commissioner; and,
(3)
Deleted by By-law 129-2026
4.3
Notwithstanding Section 4.2, all Site Alteration activities, whether exempt from
permit requirements or not, shall comply with the remainder of the By-law.
4.4
Any Person conducting a Site Alteration that is exempt from requiring a Permit must
be able to demonstrate to the satisfaction of the City, at any time upon request, the
applicability of the exception in accordance with this By-law.
4.5
Notwithstanding Section 4.2, every Person responsible for carrying out Site
Alteration activities, including those related to construction and/or renovation, shall,
where applicable, retain on site valid utility locate documentation for both public and
private underground utilities for the duration of the work, and shall make it available
for production upon request by the City.
(1) The City shall bear no responsibility for validating the accuracy or correctness
of any utility locate documentation obtained or produced.
(2) Every Person who performs site alteration activities shall do so at their sole risk
and expense and shall indemnify, save harmless, and defend the City, its elected
officials, officers, employees, agents, and any other person for whom it is in law
responsible, from and against any and all claims, demands, suits, actions,
proceedings, fines, losses, costs, damages, charges, or expenses, including legal
fees which are in any way connected with the existence of underground utilities"
(By-law 99-2025)
PART 2 ADMINISTRATION
5
Administration
5.1
This By-law shall be administered and enforced by the Commissioner and their
designate(s).
PART 3 REGULATIONS AND PROHIBITIONS
6
General Regulations
6.1
Every person who intends on carrying out any activity connected to a site alteration
personally or through another person is required by this By-law to apply to the City
11
for a permit by submitting all of the information prescribed in this By-law and by
paying the prescribed fee.
6.2
Where there is a planning application that involves an approval, no physical change
or Site Alterations shall occur until the issuance of a permit pursuant to this By-law
and/or the receipt of final approval of any applicable planning applications.
6.3
The issuance of a Permit does not relieve the Owner and Permit Holder from any
responsibility to obtain all other approvals that may be required from any level of
government or authority having jurisdiction or any agencies thereof.
6.4
A Permit is not transferable to another Site.
6.5
The conditions for a Large-Scale Site Alteration shall be in addition to all other
requirements and conditions described in this By-law.
6.6
Notwithstanding any other provision of this By-law, the Commissioner may require
any applicant to enter into an Agreement with the City which shall be registered on
Title to the Lands.
6.7
(1) Every Person who performs a Site Alteration with a valid permit shall notify the
permit issuer within forty-eight (48) hours prior to commencing any work. Every
Owner shall keep and maintain the records described in 6.9 in a good and
businesslike manner.
(2) Notice to the permit issuer shall include notification that a utility locate report or
clearance has been received and is available on site.
(By-law 99-2025)
6.8
Every Owner shall make the following records available for inspection upon the
request of an Officer:
(1)
The full and complete legal name and business name, if different from the
legal name, of each hauler that attends the Owner's or Permit Holder's Site;
(2)
The commercial vehicle registration number of each hauler;
(3)
The motor vehicle permit number of the motor vehicles owned and operated
by each hauler;
(4)
The date and time of each delivery of Fill;
(5)
The point of origin of each delivery of Fill;
(6)
The volume of each delivery of Fill; and,
(7)
The content of material of each delivery of Fill.
6.9
Every Person shall comply with an order issued under this By-law.
6.10 Every Person who has dumped or placed a Fill or caused a Fill to be dumped or
placed on a Site contrary to this By-law or not in conformity with a Permit is
responsible for the removal of such Fill.
7
Prohibitions
7.1
No Person shall cause, permit, or perform a Site Alteration except in conformity with
the requirements of Ontario Regulation 406/19 and Ontario Regulation 153/04.
7.2
No Person shall cause, permit, or perform a Site Alteration on any lands except in
conformity with the City's Official Plan, policies, by-laws, and any applicable
Provincial Plans and Statements.
7.3
No Person shall cause, permit, or perform a Site Alteration except in conformity with
this By-law.
12
7.4
No Person shall cause, permit, or perform a Site Alteration on any lands unless it is
done at the request of or with the consent of the Owner of the Land where the Site
Alteration is to occur.
7.5
No person shall cause, permit, or perform a Site Alteration on City-owned lands.
7.6
No Person shall operate a Commercial Fill Operation within the City, except where
exempt under Section 4.
7.7
No Person shall cause, permit, or perform a Site Alteration within the City except in
accordance with a Permit having been issued under this By-law.
7.8
No Person shall cause, permit, or perform a Site Alteration except in conformity with
the terms and conditions of any Permit issued under this By-law.
7.9
No person shall cause, permit, or perform a Large Scale Site Alteration within the
City except in accordance with the terms and conditions of a Large Scale Site
Alteration Permit and Agreement having been issued under this By-law.
7.10 No person shall cause, permit, or perform a Site Alteration where the fill is placed,
dumped, or used that contains trash, rubbish, glass, contaminants, organic
materials, or liquid or toxic chemicals.
7.11 No person shall cause, permit, or perform a Site Alteration unless the drainage
system for the lands is provided in accordance with the Corporation's By-laws and
the Commissioner is satisfied that provision has been made for surface and
stormwater drainage where such drainage is not provided by natural gradients or a
swale.
7.12 No Person shall authorize the transport of Fill in a heavy truck on a highway where
a By-law prohibits the movement, driving, or operation of a heavy truck on a
highway, or portion thereof, unless otherwise permitted under the Traffic By-law 93-
93, as amended, or any successor By-law.
7.13 Where Fill is transported over a highway or portion thereof that does not permit the
movement, driving, or operation of a heavy truck, the Permit Holder shall be
responsible for any damage occurring to that highway as a result of the
transportation of the Soil.
7.14 Every Person in the execution of an authorized Site Alteration shall take necessary
and adequate measures to prevent the depositing of dust, dirt, mud, or debris onto
a highway.
(1)
Where dust, dirt, mud, or debris is deposited onto a highway, the Owner,
Permit Holder, or Project Leader shall clear the highway of all dust, dirt, mud,
or debris.
7.15 No Person shall cause, permit, or perform a Site Alteration:
(1)
Anytime between the hours of seven o'clock in the afternoon (7:00 pm) and
seven o'clock in the forenoon (7:00 am) the next day;
(2)
Any time before nine o'clock in the forenoon (9:00 am) on Saturdays,
Sundays, and Statutory Holidays;
(3)
During any period in which a wind warning for the area has been issued by
Environment Canada;
(4)
During any period in which a smog advisory for the area has been issued by
the Ontario Ministry of the Environment, conservation, and Parks;
(5)
During any weather conditions where the ability to mitigate Site Alteration
activity impacts is severely compromised (e.g., heavy rain, thick fog, etc.); and
(6)
During any situation where Site Alteration activities would adversely impact
adjacent landowners including but not limited to:
13
a) Brush fires;
b) Floods; and
c) Unsuitable road conditions.
7.16 No Person shall undertake a Site Alteration which may result in an adverse effect,
including:
(1)
Adverse erosion and environmental impacts on and off-site;
(2)
Blockage of a Swale, drainage channel, ditch, or watercourse;
(3)
Siltation in a watercourse, wetland, or storm sewer;
(4)
Transportation of silt to adjacent, neighbouring, or downstream properties;
(5)
Pollution of a watercourse;
(6)
Flooding or Ponding on adjacent lands;
(7)
Impacting Drainage on another property;
(8)
Flooding or Ponding caused by a watercourse overflowing its banks;
(9)
Hindering the orderly development of any lands;
(10) Detrimental effect on the quality and quantity of water in a well;
(11) Detrimental effect on any trees of a caliper of 75mm Diameter at breast height
(dbh) or more located on the lands;
(12) Detrimental effect on matters of inherent biological sensitivity such as, but not
limited to aquifer recharge, Soil permeability, water quality, and wildlife habitat;
(13) Unauthorized injury or destruction of a tree which is subject to tree protection
measures unless specifically authorized;
(14) A loss or detrimental effect on the natural environment, including but not
restricted to lands designated as environmentally significant, however,
expressed in Official Plans or Zoning By-laws, including designations of areas
as environmentally sensitive, environmental protection, as being of
environmental concern and as being ecologically significant;
(15) Adversely affects the quality or quantity of water in a well, pond, or watering
hole intended for use as a source of water for agriculture or human
consumption;
(16) A detrimental effect on the growth and or harvest of fruit, vegetables or crops,
landscaping, and gardens;
(17) A detrimental effect on the visual amenities of the land such that it constitutes
an unreasonable interference with the enjoyment of property;
(18) A detrimental effect on areas of archaeological significance; or
(19) Contamination of or the degradation of the environmental quality of land.
8
Prohibited Areas
8.1
No Person shall cause, permit, or perform a Site Alteration or Large Scale Site
Alteration in a Prohibited Area.
8.2
Notwithstanding Section 8.1, a Site Alteration, including a Large Scale Site
Alteration, may be permitted in a Prohibited Area if:
(1)
The Site Alteration is authorized by a Building Permit issued by the City
or any other Development Agreement with the City;
(2)
The Site Alteration is exempted by Section 4 of this By-law;
(3)
The Site Alteration is in accordance with provincial and federal
requirements;
14
(4)
The Site Alteration is a provincial or federal work or undertaking where the
Commissioner determines that the core of the power under which it is
established would be seriously and significantly impaired by the prohibition;
or,
(5)
The Site Alteration is otherwise explicitly permitted and there are no
Negative Impacts on the natural features and/or area or their ecological
functions.
9
Potential Contamination
9.1
If, at any time, any Person performing Site Alteration, or an employee, agent, or
contractor of a Person performing Site Alteration makes an observation of the Site
or any Fill being excavated, moved, transported, or deposited on the Site, including
any visual or olfactory observation, that the Fill may be affected by Contaminants
they shall:
(1)
Immediately cease the Site Alteration; and,
(2)
Immediately notify the Commissioner.
9.2
Where Fill may be affected by Contaminants, the permit holder shall immediately
remove and remediate the potentially contaminated Fill to the satisfaction of the
Commissioner.
9.3
No Person shall resume a Site Alteration until authorized by the Commissioner.
PART 4 PERMIT ADMINISTRATION
10 Small Scale Site Alteration Permit
10.1 Any Person performing a Small Scale Site Alteration having a total cumulative
volume of less than one thousand cubic metres (1,000 m3) on one hectare (1ha) or
less in a 12-month period shall obtain a Small Scale Site Alteration permit prior to
commencing work.
10.2 The maximum volume calculation excludes any Site Alteration conducted under the
approval of any other legal instrument of the City such as a Building Permit; and,
10.3 Details on the application requirements for the Small Scale Site Alteration Permit
are provided in Schedule 2 of this By-law.
11 Large Scale Site Alteration Permit
11.1 Any Person performing a Large Scale Site Alteration having a total cumulative
volume of more than one thousand cubic metres (1000 m3) or more within a 12-
month period, or where there is a significant change in elevation and/or grade, shall
obtain a Large Scale Site Alteration permit prior to commencing work.
11.2 A Large Scale Site Alteration is prohibited without the prior approval of the City
Council.
11.3 Details on the application requirements for the Large Scale Site Alteration Permit
are provided in Part 5 and Schedule 4 of this By-law.
12 Application Requirements
12.1 An application to the Commissioner for the issuance, renewal, amendment, or
revocation of a Permit shall be made in a form and a manner approved by the
Commissioner, containing all requirements set out in Schedule 2 to this By-law and
any other information that is required by the Commissioner.
12.2 An application for a permit shall be deemed incomplete, and no permit shall be
issued if:
15
(1)
The application has not been completed in full;
(2)
The application is missing any such requirements listed in this By-law, or
Schedules hereto; or,
(3)
The application or renewal fee in Schedule 1 has not been paid.
13 Permit Conditions
13.1 Following receipt of an application, the Commissioner may issue a permit where
the Commissioner is satisfied that the applicant has complied or will comply with
the required terms and conditions found in Schedule 3 to this By-law.
13.2 The Commissioner may, at their sole and absolute discretion, require that, as a
condition of the issuance of a permit, the registered owner of the land and any other
persons deemed appropriate, enter into an agreement respecting the work
contemplated by the permit containing such terms and conditions as the
Commissioner considers appropriate.
13.3 Notwithstanding any other provisions of this By-law, the Commissioner may at their
sole discretion, waive certain requirements of Section 12 and Schedule 3 after
taking into consideration the proposed works and the anticipated impacts to the
Site, adjacent properties, and the surrounding environment.
13.4 Notwithstanding any other provisions of this By-law, the Commissioner may at their
sole discretion, require one or more of the provisions as set out in Part 5 and
Schedule 4 be complied with for any Permit being considered or issued by the City,
after taking into consideration the proposed works and the anticipated impacts to
the Site, adjacent properties and the surrounding environment.
13.5 The Commissioner may attach such other conditions to a Permit that, in the opinion
of the Commissioner, are reasonably required to protect the economic, social, and
environmental well-being of the City and the health, safety, and well-being of
Persons as a result of anticipated impacts of the Site Alteration.
14 Permit Issuance
14.1 Notwithstanding any other provisions of this By-law, a Permit may be issued where
the Commissioner is satisfied that:
(1)
The proposed site alteration does not contravene this By-law;
(2)
The primary use of the Site is not for the depositing of Fill on the Site;
(3)
The proposed Site Alteration is necessary for the purpose identified in the
application;
(4)
All other Permits, application material, background studies, agreements,
documents, and reports have been received, reviewed, and approved to
the satisfaction of the Commissioner;
(5)
If required by Section 11 of this By-law, the applicant has entered into the
agreement referred to in Part 5 and Schedule 4;
(6)
In addition to compliance with all other requirements, the intended use for
the filled areas, where applicable, is a permitted use under the City's Official
Plan, the City's Zoning By-law, Conservation Plan as applicable;
(7)
All applicable agencies and authorities have been notified and have
provided comments, to the satisfaction of the Commissioner;
(8)
All applicable fees and expenses for services described in Schedule 4 have
been satisfied by the Owner;
(9)
The proposed final elevations and resulting Drainage pattern, the design of
any Retaining Wall, the type of Fill to be used, and the method of Placing
or Dumping of Fill, are all in accordance with prevailing City of Brampton
design standards and proper engineering practice;
16
(10)
The height of any Retaining Wall to be constructed shall not exceed 1
metre;
(11)
The design and installation of the Retaining Wall which exceeds 1 metre in
height has been certified by an engineer;
(12)
The main haulage routes and proposed truck traffic to and from the Site do
not pose detrimental effects to the immediate area or nearby communities;
(13)
There is no detrimental effect on any healthy 75 mm caliper or larger trees
located on the lands; and,
(14)
Any other matters that the Commissioner considers relevant.
15 Undertaking Work
15.1 Every Person who undertakes a Site Alteration that involves placing or Dumping
Fill, shall:
(1)
Provide a Retaining Wall which does not encroach upon abutting lands,
either above or below the Existing Grade, such Retaining Wall is to be
constructed to the satisfaction of the Commissioner. The Commissioner
may require that a Retaining Wall be constructed where:
a)
Erosion of Fill onto abutting lands may occur; or
b)
The Finished Grade of the lands at the property line is higher than
that of the Existing Grade of the abutting lands;
(2)
Ensure that the Finished Grade surface is protected by sod, turf, seeding
for grass, greenery, asphalt, concrete, or other means, either singly or in
combination;
(3)
Ensure that Fill shall not be placed around the perimeter of any existing
building to an elevation higher than 150 millimetres below the ground floor,
level of such building unless such building and its foundation walls are
raised in a manner satisfactory to the Commissioner;
(4)
Ensure that no trench in which piping is laid forming part of the Drainage
system shall be covered and backfilled until the work has been inspected
and approved by the Commissioner;
(5)
Provide such protection for trees as may be required pursuant to the City
of Brampton's tree By-law;
(6)
Provide the Site erosion control measures set out in Schedule 5 to this
bylaw; and
(7)
Confirm that the property where the proposed Site Alteration is to take
place is not within any of the Prohibited Areas.
15.2 Upon a request from the City or its agents, the Owner shall make the Site available
for inspection.
16 Appeals
16.1 An applicant for a Permit pursuant to this By-law may appeal to the Brampton
Appeal Tribunal (the "Tribunal"):
(1)
Where the applicant objects to a condition in the Permit, within thirty (30)
days from the issuance of a Permit; or
(2)
Where the City refuses to or does not issue a Permit within forty-five (45)
days from the date the application is received, within thirty (30) days from
the expiration of the forty-five (45) days.
16.2 The Tribunal may make an order:
(1)
Upholding the decision of the City;
17
(2)
Requiring the City to vary any condition in a Permit; or
(3)
Requiring the City to issue a Permit on such conditions as the Tribunal
considers appropriate.
16.3 The decision of the Tribunal is final.
17 Expiry
17.1 A Site Alteration Permit expires on the date set out in the Permit.
18 Renewal
18.1 A Permit that has not expired may be renewed by the Commissioner within three
months before the date of expiry upon the submission of a written request to the
Commissioner accompanied by a payment of one-half of the original Permit
Application Fee, provided that the proposed work which was the subject of the
Permit has not been revised.
18.2 A Permit that has been renewed in accordance with this section shall thereafter be
treated as a new Permit.
18.3 A Large Scale Site Alteration permit shall not again be renewed unless specifically
stated in a Site Alteration Agreement.
19 Revocation
19.1 The Commissioner may revoke the Permit for the following reasons:
(1)
It was obtained on mistaken, false, or incorrect information;
(2)
It was issued in error;
(3)
The Owner or Permit holder requests in writing that it be revoked;
(4)
The terms of a Site Alteration Agreement and/or Permit under this By-law
have not been complied with;
(5)
Work authorized under the Permit has not commenced prior to its expiry
date;
(6)
The Owner has failed to comply with the provisions of this By-law; or
(7)
The land has been transferred and the new Owner has not complied with
the requirements under this section of the By-law.
19.2 Where a Permit has been revoked under Section 18 or for any other reason
pursuant to this By-law, the Permit holder shall forthwith cease all work under the
revoked Permit and restore the Site to conditions acceptable to the Commissioner.
20 Transfer
20.1 A Permit shall be deemed to be canceled upon the transfer of ownership of the Site
as of the date of the transfer unless the new Owner provides a written commitment
to comply with all conditions under which the Permit was issued, prior to the transfer
of the Site, including compliance with this By-law and Financial Assurance in a form
and amount acceptable to the Commissioner, at which time any Financial
Assurance previously provided by the original Permit holder pursuant to this By-
law.
20.2 A Permit is not transferable to another Site.
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PART 5 LARGE SCALE SITE ALTERATIONS
21 General
21.1 Notwithstanding any other provisions of this By-law, the requirements set out in this
section shall be in addition to all other requirements and conditions described in this
By-law.
21.2 An application for Large Scale Site Alterations shall not be considered for approval
until the City Council has considered the application at a public meeting at which
the applicant or any interested members of the public will have an opportunity to
make representation.
22
Public Notice
22.1 In accordance with the City's Official Plan, a notice of the Public Meeting shall be
given to all persons assessed in respect of land to which the proposed Large Scale
Site Alteration applies and within 240 metres of the subject property as shown on
the last revised assessment roll.
22.2 Notice of any Public Meeting will be given at least 20 days prior to the date of the
meeting.
22.3 Notice of the public meeting shall be provided to property owners and agencies as
approved and specified by the Commissioner.
22.4 Notwithstanding Section 22.2, notice periods under this section may be amended
by the Commissioner as they consider appropriate.
22.5 The means of notice, may include at least one of the following, at the discretion of
the Commissioner:
(1)
News release;
(2)
Notice through local, regional, or provincial news media, such as television,
radio, newspapers and magazines;
(3)
Door to door flyers;
(4)
Signs;
(5)
Mailings to members of the public;
(6)
Mailings to adjacent property owners;
(7)
Actual notice to community leaders and political representatives;
(8)
Actual notice to community organizations, including environmental
organizations; and/or
(9)
Any other means of notice that would facilitate more informed public
participation in decision-making on the proposal.
22.6 Notice, as described above, shall include the following:
(1)
A brief description of the Site Alteration activities;
(2)
A statement when and where members of the public can review written
information about the proposed Site Alteration application;
(3)
An invitation to members of the public to submit written comments on the
proposed Site Alteration application; and
(4)
An invitation to members of the public to attend a public meeting.
22.7 Following the public meeting, the Owner shall submit a report to the Commissioner
for City Council consideration setting out all changes they made in response to any
public concerns received during the public consultation period.
19
23 Permit Issuance
23.1 A Permit for a Large Scale Site Alteration may be issued if, in addition to the
requirements in Section 14, the following items have been addressed to the
satisfaction of the City Council:
(1)
The effect of the Large Scale Site Alteration on the environment;
(2)
The effect of the Large Scale Site Alteration on nearby communities;
(3)
Any comments provided by adjacent municipalities and agencies in which
the Site is located;
(4)
Concerns of the public and the proponent's responses to those concerns;
(5)
Any possible effects on ground and surface water resources;
(6)
Any possible effects of the Large Scale Site Alteration on existing
agricultural resources;
(7)
Any planning and land use considerations;
(8)
The main haulage routes and proposed truck traffic to and from the Site;
(9)
The quality and quantity of Fill being proposed;
(10)
The applicant's history of compliance with regards to Fill importation; and
(11)
Any other matters that the City Council considers appropriate.
23.2 The City does not warrant in any way that approval of any Project is guaranteed, or
that there is necessarily any entitlement whatsoever to obtain a Permit under this
By-law.
23.3 Written reasons shall be provided by the Commissioner and/or City Council if a
Permit is refused.
24 Site Alteration Agreement
24.1 For all Large Scale Alterations, the Owner shall, in addition to providing a complete
permit application as detailed in this By-law, enter into a Site Alteration Agreement
with the City which shall be Registered on Title to the land on which the Site
Alteration is to be performed.
24.2 A Site Alteration Agreement may contain any of the requirements found in Schedule
4 at the discretion of the Commissioner and approved by the City Council.
24.3 Notwithstanding any other provisions of this By-law, the Commissioner, with the
consent of the City Council, may waive certain requirements of the Site Alteration
Agreement as described in this section and in Schedule 4, or require that further
studies be completed or further requirements be added to the Agreement after
taking into consideration the proposed works, the anticipated impacts to the Site,
adjacent properties and the surrounding environment.
PART 6 ENFORCEMENT
25 Inspection
25.1 No Person shall hinder or obstruct or attempt to hinder or obstruct any Person who
is exercising a power or performing a duty under this By-law.
25.2 An Officer may at any reasonable time, enter and inspect any land for the purpose
of carrying out an inspection to determine whether or not the following are being
complied with:
(1)
This By-law;
(2)
A direction or order of the municipality;
(3)
A condition of a permit or agreement issued under this By-law; or,
20
(4)
An order made under section 431 of the Municipal Act, 2001.
25.3 For the purposes of an inspection under Section 24.2, the Officer may:
(1)
Require the production for inspection of documents or things relevant to
the Inspection;
(2)
Inspect and remove documents or things relevant to the inspection for the
purpose of making copies or extracts;
(3)
Require information from any Person concerning a matter related to the
Inspection; and
(4)
Alone or in conjunction with a Person possessing special or expert
knowledge, make examinations or take tests, samples, or photographs
necessary for the purposes of the Inspection.
25.4 A receipt shall be provided for any document or thing removed under 8.5 and the
document or thing shall be promptly returned after the copies or extracts are made.
25.5 A sample taken under Section 24.3 shall be divided into two parts, and one part
shall be delivered to the Person from whom the sample is taken, if the Person so
requests at the time the sample is taken and provides the necessary facilities.
25.6 If a sample is taken under Section 24.3 and the sample has not been divided into
two parts, a copy of any report on the sample shall be given to the Person from
whom the sample was taken.
26 Orders
26.1 Where an Officer is satisfied that a contravention of the By-law has occurred, the
officer 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.
26.2 Where an Officer is satisfied that a contravention of the By-law has occurred, the
officer 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.
26.3 Orders issued pursuant to subsection 25.1 and 25.2 shall set out in writing:
(1)
The Municipal address or legal description of the land;
(2)
The reasonable particulars of the contravention(s);
(3)
The date by which the order must be complied with; and,
(4)
If applicable, the work to be completed.
26.4 An order issued pursuant to Section 25.2 of this By-law may require a Person to
undertake all necessary work, including:
(1)
Cease all work in respect of the Site Alteration;
(2)
Remove the Fill;
(3)
Fill in any excavations or ponds; and/or
(4)
Complete all the work necessary to:
a) Eliminate any hazard or potential hazard resulting from the alteration
of the Grade or the Placing, Dumping, or removal of Fill and restore
the land to a condition of safety and/or its original environmental
condition, to the satisfaction of the Commissioner;
b) Restore the land to its former condition prior to the alteration of the
Grade of the land or to the Placing, Dumping, cutting, or removal of
the Fill on the land or other Site Alteration to the satisfaction of the
Commissioner;
21
c) Undertake
such
further investigations as
required
by
the
Commissioner to identify the extent of any breach of this By-law and
do work to correct the contravention, as deemed appropriate by the
Commissioner.
26.5 An order under section 25.2 may require work to be done even though the facts
which constitute the contravention of the By-law were present before the By-law
making them a contravention came into force.
26.6 An order issued under this By-law may be served personally or served by email or
mail to the last known email or mailing address of the Person and such other
persons affected by it as determined by the Inspector.
26.7 A copy of the order may be posted on any Site or property to which the
contravention applies.
26.8 If an order is served by registered mail, the service shall be deemed to have been
made five (5) days after mailing.
27 Remedial Work
27.1 Where a Person has dumped or placed Fill or caused Fill to be dumped or placed
on lands contrary to this By-law or not in conformity with a Permit being issued, that
Person shall remove such Fill.
27.2 Employees or agents of the City may enter the Site at any reasonable time without
a warrant in order to affect the required work where an Order to do so made under
this By-law has not been complied with.
27.3 The costs incurred by the City in so doing shall be paid by the Owner of the land
and may be recovered by the City by adding the costs to the tax roll and collecting
them in the same manner as property taxes; or drawing on the financial assurance
provided.
27.4 Where archaeological resources have been discovered or identified at a Site, the
Commissioner may make an order directing the Owner if he or she reasonably
believes that the requirements specified in the order are necessary and advisable
so as to protect the archaeological resources.
27.5 If a Person is convicted of an offence for contravening an order to stop the injuring
or destruction of trees, the court in which the conviction has been entered, or any
court of competent jurisdiction thereafter, may order the Person to rehabilitate the
land or plant or replant trees in such manner and within such period as the court
considers appropriate, including any silvicultural treatment necessary to re-
establish the trees.
27.6 In addition to any fine or any other penalty, any Person who is convicted of
contravening a provision of this By-law, the terms and conditions of a Permit issued
pursuant to this By-law, or an order issued pursuant to this By-law and Section
444(1) or 445(1) of the Municipal Act, 2001, may be ordered by a court of competent
jurisdiction at the expense of the Person to:
(1) Rehabilitate the land;
(2) Remove the Fill placed or dumped;
(3) Restore the Grade of the land to its original condition; and
(4) Replace damaged trees, shrubs, etc.
22
PART 6 PENALTIES
28 Offences
28.1 Every Person who contravenes a provision of this By-law and every director or
officer of a corporation who concurs in such contravention by the corporation is
guilty of an offence and is liable to a fine, and such other penalties, as provided for
in the Provincial Offences Act, R.S.O, 1990, c. P.33, and the Municipal Act, 2001,
as both may be amended from time to time.
28.2 Every person who hinders or obstructs, or attempts to hinder or obstruct, any person
who is exercising a power or performing a duty under this By-law is guilty of an
offence.
28.3 Every person who neglects or refuses to produce any information or thing or to
provide any information required by any person acting pursuant to a court order
under a court order is guilty of an offence.
28.4 Every person who contravenes an order made under this By-law is guilty of an
offence.
29 Administrative Penalties
29.1 An Officer may require a Person, subject to the conditions set out within the
Administrative Penalties (Non-Parking) By-law 218-2019, as amended, or
successor By-law, to pay an administrative penalty if the Inspector is satisfied that
the Person has failed to comply with:
(1)
A provision within this By-law;
(2)
The terms or conditions of a Permit issued under this By-law;
(3)
An Agreement made under this By-law; or
(4)
An Order issued under this By-law.
29.2 Every Person who is served a Penalty Notice pursuant to section 28.1 is liable to
pay to the City of Brampton an administrative penalty in the amount set out in the
Administrative Penalties (Non-Parking) By-law 218-2019, as amended.
30 Fines
30.1 Every Person who is guilty of an offence is liable to a fine, and such other penalties,
as provided for in the Provincial Offences Act, as amended, and the Municipal Act,
2001 as amended.
30.2 Every Person charged with an offence under this By-law by the laying of an
information under Part III of the Provincial Offences Act, as amended, upon
conviction, is liable pursuant to the Municipal Act, 2001, to the following fines:
(1)
To a minimum fine of $500 and a maximum fine of $100,000;
(2)
In the case of a continuing offence, for each day or part of a day that the
offence continues, a minimum fine of $500 and a maximum fine not
exceeding $10,000, and the total daily fines are not limited to $100,000; and,
(3)
In the case of a multiple offence, for each offence included in the multiple
offence, a minimum fine of $500, and a maximum fine not exceeding $10,000,
and the total of all fines for each included offence is not limited to $100,000.
30.3 Where a Person is convicted of an offence under this By-law, in addition to any
other remedy or any penalty imposed, the court in which the conviction has been
entered, and any court of competent jurisdiction, may make an Order prohibiting
the continuation or repetition of the offence by the Person convicted.
23
30.4 An offence under this By-law may constitute a continuing offence as set out in the
Municipal Act, 2001, and for greater clarity includes:
(1)
Where Fill has been placed at a Site in contravention of any provision of this
By-law, and the contravention has not been corrected, the contravention of
the provision shall be deemed to be a continuing offence for each day or part
of a day that the contravention remains uncorrected.
(2)
Where an Order has been issued under this By-law, and the Order has not
been complied with, the contravention of the Order shall be deemed to be a
continuing offence for each day or part of a day that the Order is not complied
with.
30.5 For the purposes of this By-law, a "multiple offence" means an offence in respect
of two or more acts or omissions each of which separately constitutes an offence
and is a contravention of the same provision of this By-law.
30.6 A special fine may be imposed in addition to a fine imposed under Section 29.2 in
circumstances where there is economic advantage or gain from the contravention
of this By-law and the maximum amount of the special fine may exceed $100,000.
30.7 A special fine may include but is not limited to:
(1)
$10.00 for each cubic metre of Fill deposited in excess of the amount allowed
in a Permit, or deposited beyond the geographic limits of the Permit, or
deposited without first having obtained the required Permit;
(2)
Where the Fill is found to contain Contaminant levels that exceed Table 2
Standards from the Soil and Groundwater and Sediment Standards for Use
Under Part XV.1 of the Environmental Protection Act as prescribed in this By-
law, greater fines of not less than $100 per cubic metre may be imposed.
PART 7 FEES
31 Permit Fees
31.1 The fee for a Permit application and renewal shall be in accordance with Schedule
1 of this By-law, which may be amended from time to time.
32 Tipping Fees
32.1 Tipping fees as identified in the User Fee By-law, shall be provided by the Owner
to the City at intervals set out by the City and shall be used for the purposes set out
in Schedule 4 Section 1.2(6), as applicable.
33 Security Deposit
33.1 The Owner may be required to provide a security deposit, which shall act as
Financial Assurance, to be used to remedy any breach of the By-law, Permit, or
Site Alteration Agreement to be drawn on by the City at its sole discretion.
33.2 Without limiting the generality of the foregoing, the Financial Assurance may be
used to but is not limited to:
(1)
return the land to a condition satisfactory to the Commissioner;
(2)
pay any outstanding amounts owed by the Owner related to the Permit;
(3)
cover 100% of the estimated cost to maintain Site control measures and
stabilize the Site;
(4)
undertake other works as identified by the Commissioner in Section 33.1
& 27.
33.3 The Financial Assurance shall be in an amount determined by the Commissioner.
24
33.4 The Financial Assurance must be in the form of an irrevocable Letter of Credit in a
form acceptable to the City Treasurer, a certified cheque, or cash.
33.5 A Letter of Credit or other securities must remain in effect for the full life of the
Permit.
33.6 Any Letter of Credit and its subsequent renewal forms shall contain a clause stating
that 60 days written notice must be provided to the City prior to its expiry or
cancellation.
33.7 The Financial Assurance must be replenished in full by the Permit Holder within 30
days whenever it is drawn upon.
33.8 It is the responsibility of the Permit holder to obtain the written approval of the
Commissioner that the Site has been adequately reinstated and stabilized in
accordance with this By-law and the plans and the Permit and to request that the
City carry out a final inspection of the Site and obtain the written approval of the
Commissioner that this By-law and terms and conditions of the Permit have been
complied with by the Permit holder.
33.9 When the provisions in section 33.8 have been fully complied with, to the
satisfaction of the Commissioner, the Financial Assurance shall be released.
33.10 If the Permit expires or is revoked, the securities are to remain in effect until the Site
is restored to a condition acceptable to the Commissioner and within a timeframe
approved by the Commissioner.
33.11 Notwithstanding any other provision in this part, the Owner may be required to
maintain the Financial Assurance until all Site monitoring, applicable sampling, and
remediation is completed, as required in the Permit, to the satisfaction of the
Commissioner.
PART 8 SEVERABILITY
34
In the event that any provision or part of a provision in this By-law is found to be
invalid or unenforceable for any reason whatsoever, then the particular provision or
part thereof shall be deemed to be severed from the remainder of the By-law and all
other provisions or parts thereof shall remain in full force and effect and shall be valid
and enforceable to the fullest extent permitted by law.
PART 9 CONFLICT
35
Where there is a conflict between a provision of this By-law and a provision in any
other By-law, the provision that preserves cultural heritage resources shall prevail,
subject to the greater paramountcy of provisions that protect the health or safety of
persons.
PART 10 EFFECTIVE DATES AND REPEAL OF PREDECESSOR BY-LAWS
36
Transition
36.1 Notwithstanding the repeal of By-law 143-95 and 30-92 and all amendments
thereto, those by-laws shall continue to apply to acts, omissions, or occurrences
and to any offences that took place prior to the enactment of this By-law.
36.2 Any Permit valid and binding at the date of enactment of this By-law shall not require
further authorization pursuant to this By-law until the Permit expires or is otherwise
terminated.
36.3 The Commissioner shall not permit any renewals of Permits issued under the
predecessor By-law.
36.4 Any charges laid under a previously repealed by-law shall remain valid.
25
37
Repeal
37.1 That By-law 143-95 as amended, and By-law 30-92 as amended, are hereby
repealed.
38
Effective Dates
38.1 This By-law, with the exception of Part 5, shall come into full effect and force on the
10th day of July 2024.
38.2 Part 5 of this By-law shall come into full effect and force on November 1, 2024.
ENACTED and PASSED this 10th day of July 2024.
THE CORPORATION OF THE CITY OF BRAMPTON
Original signed by:
Patrick Brown - Mayor
Genevieve Scharback - City Clerk
26
SCHEDULE 1 TO SITE ALTERATION BY-LAW | FEES
Type of Site Alteration
Permit Fee
Renewal
Refundable Securities
Tipping Fees
Small Scale Site Alteration Permit
$450
$225
N/A
N/A
Large Scale Site Alteration Permit (Other than
subdivisions and site plans)
$1,800
$900
Taken under the Site Alteration agreement
process
$1 per m3
Site Alteration Permit - Subdivisions
$1,800
N/A
Taken under the Site Plan or subdivision
process
N/A
Site Alteration Permit - Site Plans
$750
N/A
Taken under the Site Plan or subdivision
process
N/A
27
SCHEDULE 2 TO SITE ALTERATION BY-LAW | PERMIT APPLICATION
1
General
1.1 The complete application can be found at www.brampton.ca (search for Site
Alteration Permit).
1.2 An applicant shall complete all of the requirements detailed in Section 12, in addition
to any requirements in this Schedule, which may be amended from time to time.
1.3 Requirements found in this Schedule may vary depending on the scope and scale
of the work proposed.
1.4 City staff shall be consulted before applying if the scope of work involves walkways
and/or patio slabs of residential properties.
1.5 The Commissioner may, prior to the issuance of a Permit, require the applicant to
enter into an agreement which may be registered on title to the subject lands
containing such requirements as the Commissioner considers necessary to ensure
that the Placing or Dumping of Fill is done in accordance with prevailing City of
Brampton design standards and proper engineering principles.
1.6 Such agreement may contain a provision that the applicant post with the City security
in an amount determined by the Commissioner to ensure the performance of the
applicant's obligations under the agreement.
1.7 All applicants shall submit:
(1) A complete application in the form prescribed by the Commissioner; and
(2) The applicable Permit fee is calculated in accordance with Schedule 1 to this
By-law.
2
Erosion and Sediment Control Plan
2.1 The Commissioner may require the applicant to submit an Erosion and Sediment
Control Plan, which shall include:
(1)
A key map showing the location of each lot, including the nearest major
intersection and north arrow;
(2)
The lot boundaries and number of hectares of each lot;
(3)
The location and use of the buildings and other structures adjacent to each
lot;
(4)
The location, dimensions, and use of the buildings and other structures
existing or proposed to be erected on each lot;
(5)
The location of lakes, streams, wetlands, channels, ditches, other
watercourses, and other bodies of water on and within a minimum of thirty
(30) metres beyond each lot boundary;
(6)
The Regional Storm Flood Plain and Conservation Authority Fill Regulation
lines;
(7)
The location of the predominant Soil types;
(8)
All existing buildings, the species and size in caliper of all trees, the location
of all shrubs and driveways on each lot, and all easements and rights-of-
way over, under, across, or through each lot;
(9)
The location and dimensions of any existing and proposed stormwater
drainage systems and natural drainage patterns on and within a minimum
of thirty (30) metres beyond each lot boundary;
28
(10)
The location and dimensions of utilities, structures, roads, highways, and
paving located within a minimum of thirty (30) metres beyond each lot
boundary;
(11)
The existing lot topography at a contour interval not to exceed one-half of
one metre and to extend a minimum of thirty (30) metres beyond each lot
boundary;
(12)
Cross-section of the existing and proposed final elevations of each lot;
(13)
The location and dimensions of all proposed land disturbing activities,
including construction access road;
(14)
The location and dimensions of all temporary Soil or dirt stockpiles;
(15)
The location, dimensions, design details, and design calculations of all
construction erosion and sediment control (ESC) measures necessary to
meet the requirements of Schedule 5 of this By-law;
(16)
A schedule of the anticipated starting and completion dates of each land
disturbing or land developing activity including the installation of
construction site erosion control measures needed to meet the
requirements of Schedule 5 to this By-law;
(17)
Provisions for the inspection and maintenance of the construction site ESC
and dust control measures during construction and after as required;
(18)
The scale, either 1:500 or 1:1000, of the drawing (each drawing and control
plan to be in metres);
(19)
Any other necessary information with respect to each lot; and,
(20)
An indication on the drawing of directions of overland flow and overland flow
route.
3
Fill Importation and Exportation
3.1 In addition to the above, where fill is imported or exported, the Commissioner may
require the applicant to submit:
(1)
Proposed final elevations and Drainage system to be used upon completion of
the filling operation;
(2)
A description of the proposed Fill;
(3)
A plan showing the design details to proper scale of any Retaining Wall that
may be required and the dimensions of any materials to be used in the
construction of such Retaining Wall; and
(4)
Security in a form and amount to be determined by the Commissioner to
secure the performance of the work for which the Permit was obtained. The
Commissioner may require an Order to agree that the Commissioner may use
the security to recover the cost of the City performing any required work which
the Order has failed to perform.
(5)
Provide the Municipal address including the property size of the land on which
the Fill is to be placed, dumped, or other Site Alteration is to occur;
(6)
Provide the legal description of the land upon which the Fill is to be dumped or
placed or other Site Alteration is to occur;
(7)
Provide the Official Plan designation and zoning of the property;
(8)
Provide the name, address, and contact information of the Owner of the land
upon which the Fill is to be received and placed or dumped, including written
acknowledgment and written acceptance of the Fill material being transported
to his/her property;
(9)
Provide the name, address, and contact information of the agent authorized by
the Owner of the land upon which the Fill is to be placed, dumped, cut, or
removed or other Site Alteration is to occur;
29
(10) Provide the name, address, and contact information of the consultant
engineers authorized by the Owner of the land upon which the Fill is to be
placed, dumped, cut, or removed or other Site Alteration is to occur;
(11) Provide the name, address, and contact information of the contractor
authorized by the Owner of the land upon which the Fill is to be placed,
dumped, cut, or removed or other Site Alteration is to occur;
(12) Provide the applicable fees calculated in accordance with the rates set out in
Schedule 1;
(13) Provide a brief description of the proposed works that have been identified on
the Site Plan;
(14) Provide a work schedule for the proposed Site Alteration works;
(15) Provide the proposed Grades and Drainage systems upon completion of Site
Alteration operations and as shown on the Site Plan;
(16) Provide an estimated volume of Fill to be imported to achieve the Proposed
Grades;
(17) Provide a brief description of the Fill being placed or dumped;
(18) Provide all source location(s) of the Fill being placed or dumped including
environmental Soil tests, and Soil permeability tests if required by the
Commissioner;
(19) Provide the location, dimensions, details, design calculations, and estimated
costs for the supply, installation, and maintenance of all construction site
control measures necessary to meet the requirements of this By-law including
sediment and erosion control measures as prepared by a Certified Inspector
of Erosion and Sediment Control (CIESC) who will oversee the implementation
and administration of the Erosion and Sediment Control Plan during
construction and after as required;
(20) Ensure that all dust and mud control measures are implemented and utilized
during construction and after as required;
(21) Ensure that all proposed ground covering to be used upon completion of the
Site Alteration operation;
(22) Provide specific details regarding proposed Haul Routes to and from the Site,
including the routes to be used and the times these routes will be used;
(23) Provide securities to ensure the Owner's obligations according to a Site
Alteration Permit shall be in accordance with Schedule 1 of this By-law;
(24) Provide any other requirements the Commissioner deems necessary.
4
Qualified Persons
4.1 In addition to any other requirements, the Commissioner may require the applicant
to:
(1)
Retain a Qualified Person to prepare a Site Plan which meets the
requirements of Schedule 2;
(2)
Retain an appropriately qualified consultant or Qualified Person, to the
reasonable satisfaction of the Commissioner, to undertake any tests or
studies that the Commissioner deems necessary to complete any
background studies as detailed in Schedule 2;
(3)
Consult with other Persons or bodies about the application and report to the
Commissioner on the results of the consultation; and
(4)
Provide confirmation that the other Persons or bodies consulted did not raise
any objections to the application or that these objections have been resolved
to the satisfaction of the Person or bodies consulted.
(5)
Retain a qualified consultant or Qualified Person to prepare a report or
reports, to the reasonable satisfaction of the Commissioner, that demonstrate
how the proposed operations are in compliance with the Ontario Regulation
30
(O. Reg. 406/19) and the Ministry of the Environment Conservation and Parks
document entitled, "Rules for Soil Management and Excess Soil Quality".
5
Site Plan
5.1 The Site Plan shall be based on an identified legal survey of the Site if required by
the Commissioner. The Site Plan shall be prepared by a Qualified Person and shall
include the following:
(1)
A key plan showing the location of the Site and a minimum of 30 meters beyond
the Site;
(2)
The scale of the drawing in meters, ranging from 1:500 to 1:1000 as deemed
appropriate by the Commissioner;
(3)
Property lines of the lands where the proposed Site Alterations are to be
undertaken, including dimensions and the number of hectares of the Site;
(4)
The location, dimensions, elevations, and use of buildings and other structures
existing or proposed to be erected on the Site;
(5)
The current and proposed use of the Site as well as the location, dimensions,
and use of buildings and other structures adjacent to the Site;
(6)
Detailed locations, including dimensions, identifying the proposed locations for
the placement of Fill on the lands;
(7)
A scale drawing of any proposed Retaining Wall including a description,
dimensions, and materials to be used in the construction of such Retaining
Wall, that may be required by the Commissioner if:
(8)
Erosion on adjacent lands may occur as a result of the work which is the
subject of the Permit; and/or
(9)
The Finished Grade of the Site is of a higher elevation at a property line than
that of the Existing Grade at the same property line of adjacent lands;
(10)
For a calculated Site Alteration volume of less than 1000 m³, existing spot
elevations on a 3 m grid across the property and 15 m beyond the property
lines to clearly show the existing topography of the property and the adjacent
lands;
(11)
For a calculated Site Alteration volume of greater than 1000 m³, a topographic
survey producing a 0.5 m contour interval, certified by a licensed professional
engineer or Ontario Land Surveyor, defining all material and man-made
features, including top and bottom of slopes, Drainage patterns, tree lines,
buildings, and stockpiles on the lands and 30 m beyond;
(12)
The property lines to clearly show the detailed existing topography of the
property and the adjacent lands;
(13)
The location of Environmentally Sensitive Areas, lakes, streams, channels,
ditches, Swales, water courses, and other bodies of water on the Site and 30
m beyond the property lines;
(14)
The location, dimensions, and invert elevations of any existing and proposed
stormwater Drainage systems, sewers, Drainage pipes, culverts, inlet
chambers, Drainage tiles, septic beds, and natural Drainage patterns on and
30 m beyond the property lines;
(15)
The location and dimensions of utilities, roads, and highways;
(16)
The location, diameter, species, and drip line of all trees with a caliper
measuring 75 mm or greater diameter at breast height (dbh), all other
vegetation, and field crops are to be identified in masses showing the outline
of the canopy or vegetation limit created by the massing;
(17)
All existing vegetation 3 m beyond the property lines including Municipal trees,
individually locating all trees with a caliper measuring 75 mm or greater at dbh.
31
All other vegetation to be identified in masses showing the outline of canopy
or vegetation limit created by the massing;
(18)
The location and description of the predominant Soil types;
(19)
The location and dimensions, of all proposed temporary Soil or Fill
stockpiles;
(20)
The location, dimensions, height, and slopes of any proposed berms;
(21)
The proposed final elevations of the Site Alteration works;
(22)
The location and dimensions of all proposed land disturbances;
(23)
The location of all wetlands, floodplains, shoreline, top-of-bank features, and
approximate regulation limits of the applicable Conservation Authority;
(24)
Detailed erosion control plans will be reviewed/approved as part of subsequent
approvals;
(25)
The location of Provincially Significant Wetlands within 120 m of the property;
and
(26)
Any additional information deemed necessary by the Commissioner.
6
Background Studies
6.1 The Commissioner may require the applicant to undertake and submit any tests or
studies relating to:
(1)
Confirmation of the surrender of the license if the Site has been previously
licensed by the Ministry of Natural Resources;
(2)
Confirmation from the Region or Province that the proposed traffic and road
access components of the Site Alteration operation meet their requirements
and provide any Site-specific conditions imposed by the Region, County, or
Province;
(3)
Confirmation from the applicable regulating agency that the proposed Site
Alteration meets all tree protection policies or By-laws that prohibit or regulate
the destruction or injuring of trees and provide any Site-specific conditions
imposed by the applicable authority;
(4)
Confirmation of on-site presence or absence of any endangered, threatened
species or Species of Special Concern as designated and defined in the
Endangered Species Act;
(5)
An Archaeological Assessment where the Site Alteration has the potential to
disturb archaeological resources;
(6)
All assessments of Soil quality and groundwater quality at the Receiving Site
in order to establish the current, ambient Site condition;
(7)
Any relevant landform conservation plan prepared to the reasonable
satisfaction of the Commissioner; and
(8)
Any other studies or reports the Commissioner deems necessary.
7
Additional Requirements for Excess Soil
7.1 Where Excess Soil (as defined by Ontario Regulation (O. Reg.) 406/19), will be
generated from a Project Area and is anticipated to be more than 100 cubic metres,
as part of any Site Alteration Permit application, the applicant shall be required to
submit an Excess Soil Management Plan (the Plan) prepared by a Qualified Person
("QP"), as defined under the O. Reg. 153/04.
(1)
This Plan shall be in accordance with O. Reg. 406/19 and cover all aspects
of Soil storage and management as prescribed by the Rules for Soil
Management and Excess Soil Quality document that can be found at
32
www.ontario.ca (search for Rules for soil management and excess soil quality
standards )
(2)
The Plan shall consider the beneficial reuse of Excess Soil on-site or locally
to the maximum extent possible;
(3)
The Plan shall identify the applicable planning documents and registration
requirements, in compliance with the regulation;
(4)
The Plan shall identify Soil quality characterization requirements for both
excess Fill leaving the Site and imported Fill brought to the Site;
(5)
The Plan shall include details about ongoing Site management, movement of
Fill, and volumes-based requirements in compliance with the regulation and
Soil Rules Document
(6)
A Contingency Plan for managing Soil where there is quantity creep that
results in exceeding originally anticipated volumes and
(7)
The Plan shall also specify the quality of any imported Fill material to the
Project Area. The Plan shall include details on the required documentation
supporting the suitability of the Fill material, in accordance with the
Regulation 406/19
(8)
The Plan shall include a qualifying statement from the QP, confirming that the
Project Leader or their designated Person shall hold the full responsibility of
regulatory compliance under O. Reg. 406/19, for the duration of the Project.
7.2 At Project completion the QP shall issue a Declaration Letter confirming the following:
(1)
Confirm that the Soil activities were completed as per the Soils Management Plan
(SMP), without any deviations and final quantities of Excess Soil generated and
the disposal details (a Soil Destination Assessment Report can be attached to
provide the required details). If any deviations to the SMP were encountered,
details on the actions taken must be provided.
(2)
Where imported Fill was brought on the Site, the QP shall confirm the quantity
and the quality of the Fill brought on the Site.
(3)
Confirm that all Excess Soil management activities were in compliance with O.
Reg. 406/19.
7.3 Where Excess Soil (as defined by Ontario Regulation (O. Reg.) 406/19), will be
generated from a Project Area and is anticipated to be less than 100 cubic metres:
(1)
A declaration letter, prepared by a Qualified Person (QP) as defined under the
O. Reg. 153/04, shall be submitted confirming excess Fill generated will be 100
cubic metres or less and as such O. Reg. 406/19 requirements are not
applicable.
7.4 Where Excess Soil (as defined by Ontario Regulation (O. Reg.) 406/19), will be
generated from a Project Area and is anticipated to be more than 100 cubic metres,
however, the Project is exempt from the planning, registration, or other requirements
of the regulation:
(1)
A declaration letter, prepared by a Qualified Person (QP) as defined under the
O. Reg. 153/04, shall be submitted confirming the exemption under which the
Project qualifies, supported by an Assessment of Past Uses report, completed
within the last 18 months or any other applicable document (if required) to support
the exemption.
7.5 Where all Soil, generated from an excavation within the Project Area is anticipated
to be reused within the Project Area and will not become Excess Soil (as defined by
Ontario Regulation (O. Reg.) 406/19), and if the Project is exempt from the planning,
registration, or other requirements of the regulation:
33
(1)
A declaration letter, prepared by a Qualified Person (QP) as defined under
the O. Reg. 153/04, shall be submitted confirming the above.
7.6 Where Fill is being transported to the Site/received by the Site, from any other
source Site, the application shall contain:
(1)
The address and legal description of each source Site;
(2)
A statement of the nature of the Project on each source Site that is generating
the Fill to be transported to the Site;
(3)
The volume of Fill to be transported to the Site from each source Site;
(4)
The contact details for the Person responsible for the Project on each source
Site;
(5)
The assessment of past uses report for each source Site, as applicable;
(6)
A copy of the detailed sampling and analysis plan and Soil characterization
report for all Fill excavated from each source Site, as applicable, and
confirmation from a Qualified Person retained by the registered Order of the
source Site stating that the Fill to be transported to the Site meets the Soil
quality applicable to the Site;
(7)
The contact details of a Person from the source Site, who has knowledge of
all the source Sites and who is able to provide information with respect to the
above;
(8)
A Traffic and Transportation Management Plan - the proposed Haul Routes,
daily truck volume, and hours of operation of truck traffic to and from the Site;
(9)
The above reports and details as mentioned in subsections (1) to (6) supra,
shall be prepared and submitted by a Qualified Person representing the
source Site Owner.
7.7 Where imported Fill is brought on Site, the Soil quality standards shall be the
standards set out in Table 1 of the Soil, Ground Water, and Sediment Standards,
referenced in O. Reg. 153/04, as applicable to the use of the Site described in the
Permit application, unless the applicant submits a Fill Management Plan prepared
by a Qualified Person and demonstrates to the satisfaction of the City that a less
stringent standard is appropriate.
7.8 A declaration letter prepared by a Qualified Person, confirming the movement of Fill
is in compliance with the requirements of O. Reg. 406/19, as amended shall be
submitted.
7.9 Where imported Fill is anticipated to be all granular sourced out from Ministry
approved pit/quarry, the QP's declaration letter may include details about the same
(as all material from a pit/quarry is exempt from the Excess Soil Reuse Regulation,
no Excess Soil/Fill management plan is required).
7.10 Once excess Fill has been taken off-site and/or imported Fill is brought/placed on
Site, the QP may confirm that the Site work has been/was completed as per the
SMP and/or declaration letter issued, along with documents to confirm the quantity
and quality of Fill and if there were any deviations, provide details about the same,
prior to the permit closure.
34
SCHEDULE 3 TO SITE ALTERATION BY-LAW | PERMIT TERMS AND CONDITIONS
1
Terms and Conditions
1.1 The Owner may be required to notify the Commissioner of the commencement, the
completion, and the various stages of performance of the Site Alteration.
1.2 The Owner may be required to make the commencement, the completion, and the
various stages available for inspection by the City or its agents, upon request.
1.3 The terms and conditions of any Permit issued under this By-law, and any Site
Alteration Agreement entered into with the City, may include, but are not limited to:
(1)
In addition to the stipulations under Part 3 of this By-law, all Fill used is material
that does not contain any putrescible organic material and does not contain
cement fines, exposed rebar, asphalt, glass, debris, plastic, demolition
materials, wood with paint or coatings, decomposable materials, petroleum
products, hydrocarbon materials, hazardous waste or salt impacted Soils and,
that passes a slump test as outlined in the Ontario General Waste
Management Regulation O. Reg. 347 and that is free of staining and
hydrocarbon odour; and,
(2)
All imported Fill and Topsoil, regraded or distributed on a Receiving Site, shall
not introduce any new Contaminant, and shall not increase the concentration
of an existing Contaminant on the lands.
1.4 Fill shall meet the standards:
(1)
Set out in Table 1: Full Depth Background Site Condition Standards from the
Soil and Ground Water and Sediment Standards for Use Under Part XV.1 of
the Environmental Protection Act. 2011 referenced in O. Reg. 153/04 as
amended, for the established property use as agreed to by the Commissioner;
or
(2)
Set out in Table 2 Standards from the Soil and Ground Water and Sediment
Standards for Use Under Part XV.1 of the Environmental Protection Act for the
established property use only if the ambient Soil is pre-assessed to be of this
quality and for all parameters contained in Table 2, and as approved by the
Commissioner.
1.5 Notwithstanding Section 1.1(1), Fill that is Topsoil, sod or turf materials shall meet
Table 1 Standards.
1.6 If archaeological resources are discovered or identified during the Site Alteration,
even after the issuance of a Permit, the Owner shall immediately cease all activity
on the Site contact the Commissioner, and take such actions as defined by the
Commissioner or other responsible agency to address, safeguard, and protect the
resources.
1.7 Erosion and sedimentation control measures shall be provided around any area that
may be disturbed in a manner satisfactory to the Commissioner prior to the
commencement of the Site Alteration and shall be maintained in good working order
until the Site has been stabilized and Fill operations completed.
1.8 All Fill shall be properly compacted using acceptable engineering practices, as
appropriate, unless it is being stockpiled on the Site for future use in accordance with
all applicable By-laws and zoning for the City, and grading plans and timelines as
approved by the Commissioner.
1.9 The Commissioner may restrict the hours of operation and days of operation
permitted beyond those restrictions found in this By-law.
1.10 Haul Routes for the transportation of Fill and Topsoil authorized for placement,
Dumping, or removal at the Receiving Site may be designated to and/or from a
Receiving Site by the Commissioner to minimize damage to the City of Brampton's
roads and minimize interference and/or disturbance to the City's residents and
35
businesses in accordance with a Permit or Site Alteration Agreement issued by the
City, if applicable.
1.11 The Commissioner may restrict the daily volume of truckloads to ensure adequate
Municipal oversight of the operations, ensure traffic safety, and address reasonable
concerns regarding quality of life issues for citizens along the Haul Route and in the
vicinity of the proposed Site Alteration works.
1.12 The existing Topsoil on lands subject to Site Alterations shall be preserved by
removing and stockpiling it for use as final cover prior to the performance of any Site
Alteration work, as applicable.
1.13 The Owner shall keep all records associated with the requirements in this By-law in
a good and business-like manner for review by the Commissioner at his/her request,
or as required by any Site Alteration Agreement authorized under this By-law, for a
minimum of seven (7) years after the completion of the Site-Alteration and
associated activities at the discretion of the Commissioner.
36
SCHEDULE 4 TO SITE ALTERATION BY-LAW | LARGE SCALE SITE ALTERATION
AGREEMENTS
1
Site Alteration Agreements
1.1
A Site Alteration Agreement shall contain the following plans and information, at a
minimum:
(1)
Fill Management Plan;
(2)
Ground Water Monitoring Plan;
(3)
Grading Plan/Site Plan;
(4)
Mud and Dust Control Plan;
(5)
Sediment and Erosion Control Plan;
(6)
Approved Haul Route Plan;
(7)
MTO, Region Permits (as applicable);
(8)
Complaint Response Protocol;
(9)
Proof of Insurance;
(10)
Terms of Reference for the Public Liaison Committee (PLC) (if a PLC is
deemed necessary by the Commissioner);
(11)
Financial Assurance acceptable to the Commissioner; and
(12)
Pre-assessment information relating to the quality of the ambient Soil and
groundwater on the Receiving Site as well as the existing topography of the
Site.
1.2
Such Site Alteration Agreement shall require that the Owner retain a Qualified
Person to prepare, implement, and supervise a Fill Management Plan. Such Fill
Management Plan (FMP) shall follow the FMP Model provided in Schedule C of this
By-law and shall contain such requirements as found therein at the discretion of the
Commissioner and approved by City Council and shall be in conformity with the
MOECP BMP.
1.3
The Site Alteration Agreement shall require that the Owner:
(1)
Retain a Qualified Person to ensure that the Site Alteration operations are
proceeding in accordance with sound engineering and environmental best
practices and the approved Site Alteration Agreement, including all
Appendices to such Agreement;
(2)
Retain a Qualified Person to report in writing on a regular basis or as
determined by the Commissioner that the Site Alteration is in accordance with
the approved Site Alteration Agreement including all Appendices, the Permit,
and the By-law;
(3)
Require that the Site Alteration be completed by a specified date as noted in
the Permit;
(4)
Comply with the applicable Soil, Groundwater, and Sediment Standards for
use under Part XV.1 of the EPA and the Management of Excess Soil - A
Guide for Best Management Practices, January 2014;
(5)
Engage an Ontario Land Surveyor to prepare any plans requested by the
Commissioner to identify the volume, extent, and location of any Fill placed,
dumped, cut, or removed as part of the Site Alteration; and
(6)
Acknowledge the City shall recover its costs for:
a) Administering the By-law;
b) Road repairs and other maintenance projects related to or caused by
the Site Alteration Project;
c) Engagement of lawyers, engineers, hydrologists, environmental
consultants, arborists, landscapers, or any other consultant that is
reasonable and necessary in order to evaluate studies and/or
agreements and to provide assistance to the Commissioner throughout
the Site Alteration process, including, but not limited to, peer review,
quality control/assurance, inspection, sampling, borehole testing, and
operational compliance review.
37
(7)
Provide a security deposit, which shall act as Financial Assurance, to be used
to remedy any breach of the By-law, Permit, or Site Alteration Agreement to
be drawn on by the City at its sole discretion, and, without limiting the
generality of the foregoing, such security may be used to return the land to a
condition satisfactory to the Commissioner and to pay any outstanding
amounts owed by the Owner that relate to the Permit;
(8)
Indemnify the City for any liability, costs, damages, or losses incurred directly
or indirectly caused by the issuance of a Permit or signing of a Site Alteration
Agreement and provide Insurance, if deemed necessary, to the satisfaction
of the Commissioner;
(9)
Provide a Security Plan to the Commissioner that shall include gating the Site
and signs prohibiting unauthorized access; and
(10)
Provide a report from a Qualified Person that they are satisfied that the Site
Alteration will not result in any of the prohibited reactions as defined in
Section 7.1(6), supra.
38
SCHEDULE 5 TO SITE ALTERATION BY-LAW | SITE EROSION CONTROL
MEASURES
1
Land Disturbing Activities
1.1
The following criteria apply to land disturbing activities caused by the Placing or
Dumping of Fill that result in runoff leaving the lot:
(1)
Channelized runoff from adjacent areas passing through the lot shall be
diverted around disturbed areas, if practical. Otherwise, the channel shall be
protected by silt fences being placed along the channel edges to reduce
sediment reaching the channel;
(2)
All activities on the lot shall be conducted in a logical sequence to minimize
the area of bare Soil exposed at any one time;
(3)
Any Soil or dirt storage piles containing more than one hundred cubic metres
of material shall not be located within a downslope Drainage length of less
than ten (10) metres to a roadway or Drainage channel. If remaining for more
than thirty (30) days, said Soil or dirt storage piles shall be stabilized by
mulching, vegetative cover, tarps, or other means. Erosion from Soil or dirt
storage piles that will be in existence for less than thirty (30) days shall be
controlled by silt fence barriers around the pile or approved alternative
measure in accordance with City Standard Details;
2
Inspection
2.1
The control measures shall be inspected and maintained as follows:
(1)
Inspections of ESC measures are to be conducted at a frequency specified
per the ESC plan, for dry weather periods (active and inactive construction
phases), after Significant Storm Events and Significant Snowmelt Events,
and after any extreme weather events.
(2)
Any deficiencies shall be addressed, and any required maintenance
actions(s) shall be undertaken as soon as practicable once they have been
identified.
(3)
Inspections and maintenance of the temporary ESC measures shall continue
until they are no longer required.
(4)
Records of inspections shall be submitted to the City. Each record must
include the name of the inspector, the date of inspection, visual observations,
and the remedial measures, if any, undertaken to maintain the temporary
ESC measures.
3
Runoff Control Measures
3.1
Runoff from the entire disturbed area on the lot shall be controlled as follows:
(1)
Temporary ESC measures shall be installed in advance of and maintained
during any construction activity;
(2)
All disturbed ground left inactive shall be stabilized by seeding, sodding,
mulching, or covering, or other equivalent control measure. The period of time
inactivity shall be at the discretion of the Commissioner, but shall not exceed
thirty (30) days or such longer period as deemed advisable at the discretion
of the Commissioner;
(3)
A Site Alteration Permit Holder or applicant for a Site Alteration Permit who
has also applied for but not yet received a building Permit or any other
necessary Permit may be granted an extension to the Permit at the discretion
of the Commissioner, provided that said applicant or Permit Holder provides
satisfactory proof that he has made his best efforts to have said building or
other necessary Permit issued;
(4)
For a lot with less than four (4) hectares disturbed at one time and slopes
less than twelve (12) percent Grade, silt fences or approved alternative
control measures shall be placed along all side slope and downslope sides
of the lot in accordance with City Standard Details;
39
(5)
For a lot with four (4) or more hectares disturbed at one time or with slopes
greater than twelve (12) percent Grade, or if a channel originates in the
disturbed area, one or more sedimentation basins shall be constructed. Each
sedimentation basin shall have a surface area of at least one (1) percent of
the area draining to the basin and at least one (1) metre of depth, storage in
accordance with the Erosion and Sediment Control Guideline for Urban
Construction 2019 by TRCA (as amended) and be constructed in accordance
with design specifications acceptable to the Commissioner. Sediment shall
be removed periodically to maintain a permanent pool depth of at least one
(1) metre;
(6)
For a lot located adjacent to existing residential areas, a silt fence may be
required around the entire perimeter of the lots;
(7)
A three (3) metre wide buffer strip or silt fence shall be provided along the
perimeter of the downslope sides of the lot;
(8)
The Canadian Standards Association (CSA) W202 Erosion and Sediment
Control Inspection and Monitoring Standard and the Erosion and Sediment
Control Guideline for Urban Construction 2019 by TRCA (as amended). Are
to be followed;
(9)
For a lot with extensive Fill requirements, the Commissioner may waive the
requirements for stabilization of disturbed land after thirty (30) days of
inactivity provided that the ESC measures have been implemented to the
satisfaction of the Commissioner;
(10)
A three (3) metre wide buffer strip or silt fence shall be provided along the
perimeter of the downslope sides of the lot;
(11)
The sediment control guidelines prepared by the Credit Valley Conservation
Authority and Ministry of Natural Resources for the Province of Ontario dated
April 1991, are to be followed; and
(12)
For a lot with extensive Fill requirements, the Commissioner may waive the
requirements for stabilization of disturbed land after thirty (30) days of
inactivity provided that the sediment control measures have been
implemented to the satisfaction of the Commissioner.