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BY-LAW NUMBER 87-24
- of -
THE CORPORATION OF THE COUNTY OF BRANT
To Prohibit or Regulate Site Alteration
WHEREAS, Section 10(2) of the Municipal Act 2001, S.O.2001, c.25, as amended,
authorizes a Municipality to pass by-laws respecting the economic, social and
environmental well-being of the Municipality and the health, safety and well-being of
Persons;
AND WHEREAS Section 142 of the Municipal Act, 2001, S.O. 2001, c.25, 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;
AND WHEREAS, without limiting sections 9, 10 and 11, a local Municipality may,
(a) prohibit or regulate the placing or Dumping of Fill;
(b) prohibit or regulate the removal of Topsoil;
(c) prohibit or regulate the alteration of the Grade of the land;
(d) require that a Permit be obtained for the placing or Dumping of Fill, the removal of
Topsoil or the alteration of the Grade of the land; and
(e) impose conditions to a Permit, including requiring the preparation of plans
acceptable to the Municipality relating to grading, Filling or Dumping, the removal of
Topsoil and the rehabilitation of the Site. 2006, c. 32, Sched. A, s. 76 (1).
AND WHEREAS Council for the Corporation of The County of Brant deems it in the public
interest to enact a By-law for prohibiting or regulating Site Alteration to ensure that;
a) Existing Drainage patterns are maintained and Erosion and sedimentation are
prevented; and
b) Changes to Drainage or Grade are appropriate to protect environmentally
sensitive areas, archeological resources, and areas of archaeological potential;
and
c) Interference and damage to environmentally sensitive areas are prevented; and
d) Groundwater and surface water quantity and quality is maintained; and
e) There is no discharge of Contaminant into the environmentally sensitive areas
that causes or may cause an Adverse Effect and that degradation of the pre-
existing Soil and ground water quality at the Site and on adjacent properties is
prevented; and
f) Haul routes for the transportation of Fill and Topsoil authorized for placement,
Dumping or removal will be designated to and/or from the Site by the County to
minimize damage to the Municipality's roads and minimize interference and/or
disturbance to the Municipality's residents and businesses; and
g) Disturbance to landform characteristics are kept to a minimum; and
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h) The costs associated with the site alteration project are paid by the proponent.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE COUNTY OF BRANT
HEREBY ENACTS as follows:
PURPOSES
1.
The purposes of this By-law are:
a) To prohibit, control and regulate Site Alteration on lands within the County of
Brant; and
b) To ensure Site Alteration is undertaken for necessary or beneficial purposes and
c) To minimize adverse impacts on infrastructure, environment and community in
respect of Site Alteration undertakings; and
d) To promote and protect agricultural resources.
SECTION 1 - DEFINITIONS AND INTERPRETATION
1.1 This By-law may be cited as the Site-Alteration By-law.
1.2 The Schedules appended to this By-law are incorporated into and form part of this
By-law.
1.3 Council shall have the same powers as the Director pursuant to this By-law for the
issuance of Permits and agreements under Section 5.
1.4 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;
Agricultural Lands includes all lands that are used by a farming business
registered under the Farm Registration and Farm Organizations Funding Act, 1993,
S.O. 1993, c.21 as amended, for growing of crops, including nursery and horticultural
crops, raising livestock, raising of other animals for food, fur or fibre, including
poultry and fish, aquaculture, apiaries, agro-forestry and maple syrup production;
Agricultural Operation has the same meaning as under the Farming and Food
Protection Act, 1998, which is, for ease of reference, an agricultural, aquacultural,
horticultural or silvicultural operation that is carried on in the expectation of gain or
reward;
Applicant means any Person applying for a Permit under this By-law;
Application means an application to the County made under Section 4 of this By-law;
Archaeological Resources means artifacts, archaeological sites, marine
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archaeological sites, as defined under the Ontario Heritage Act. The identification
and evaluation of such resources are based upon consultation with Indigenous
Communities and archaeological fieldwork undertaken in accordance with the
Ontario Heritage Act.
Areas of Archaeological Potential means areas with the likelihood to contain
archaeological resources, as based on criteria to identify archaeological potential
established by the Province and/or as based on consultation with Indigenous
Communities. The Ontario Heritage Act requires archaeological potential to be confirmed
by a licensed archaeologist.
By-law and Site-Alteration By-law means this By-law;
Clearing and Grubbing means the removal of all surface objects, brush, roots and
other protruding obstructions, trees and stumps which result in the removal of topsoil or
the alteration of the grade of the land;
Commercial Fill Operation means a Site Alteration where 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;
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
causes or may cause an Adverse Effect;
Corporation means The Corporation of the County of Brant
Council means the Council for the County of Brant;
County means The Corporation of the County of Brant, or the geographic area under
the jurisdiction of the Corporation of the County of Brant;
Director means the Director of Development Engineering or an employee of the
Municipality authorized to administer, enforce or carry out the powers and/or duties of
the provisions of this By-law;
Drainage means the movement of stormwater, whether by the way of natural
characteristics of the ground surface, or by artificial or man-made means;
Dump means to deposit fill in a location other than the locations from which the fill was
obtained and includes moving or depositing fill from one location to another on the same
Lot;
Engineer means a Professional Engineer currently licensed to practice in the Province
of Ontario;
Environmentally Sensitive Areas means any natural heritage and hydrologic
features and areas deemed to provide social, economic, ecological and/or
hydrologic functions and processes how-so-ever described in Provincial Policies and
Plans, Official Plans or Zoning By-laws including, but not limited to, terms such as
Natural Heritage Systems, Water Resource Systems, Key Natural Heritage Features,
Key Hydrologic Features, Vegetation Protection Zone and Green Infrastructure.
Environmentally Sensitive Areas shall include lands within 15 metres of the
boundary of Key Hydrologic Features and Key Heritage Features;
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Erosion means the detachment and movement of Soil, sediment, or rock fragments by
water, wind, ice, or gravity;
Fill includes Soil, subsoil, Topsoil, stone, sod, turf, clay, sand, gravel, concrete,
asphalt, or other such similar material, either singly or in combination, and includes
hydro vacuum truck slurry and slurry by-product 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 ground surface
after Fill is Dumped or placed, the Grade altered or Topsoil removed; and
c) Finished Grade means the approved elevation of ground surface of lands
upon which Fill has been placed, Dumped, cut or removed or the Grade
altered in accordance with this By-law;
Green Infrastructure means natural and human-made elements the provide
ecological and hydrologic functions and process. Green infrastructure can include but
may not be limited to components such as natural heritage features and systems,
parklands, stormwater management systems, street trees and urban forests.
Haul Routes mean routes defined by the County as part of a Permit or any agreement
made under this By-law that describe which routes must be followed when transporting
Fill to or from the Site;
Highway means a Highway as defined in the Municipal Act, 2001, as amended;
Inspector means any Person designated by this or any other By-law of the
Municipality as an Inspector for the purposes of this By-law, and an Inspection shall
have a corresponding meaning;
Key Hydrologic Areas includes significant groundwater recharge areas, highly
vulnerable aquifers, and significant surface water contribution areas that are necessary
for the ecological or hydrologic integrity of the watershed;
Key Hydrologic Features includes permanent streams, intermittent streams, inland
lakes and their littoral zones, seepage areas and springs, and wetlands;
Key Natural Heritage Features include wetlands, habitat of endangered and threatened
species, fish habitat, regional and provincially significant areas of natural and scientific
interest, significant valley lands, significant woodlands, and significant wildlife habitat
(including habitat of special concern species); and sand barrens, savannahs and
tallgrass prairies, and alvars;
Impervious Surfaces includes surfaces that prevent or reduce infiltration, or water
penetration such as gravel, pavements, buildings, asphalt, concrete, brick, stone, or
other such similar water-resistant material, either singly or in combination;
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Intermittent Streams includes stream-related watercourses that contain water or
are dry at times of the year that are more or less predictable, generally flowing
during wet seasons of the year but not the entire year, and where the water table is
above the stream bottom during parts of the year.
Insurance includes Commercial General Liability Insurance and Pollution Liability
Insurance or any other Insurance as deemed necessary by the County;
Lot means a Lot of record as indicated by Land Registry Office records;
Management of Excess Soil - Rules for Soil Management and Excess Soil
Quality Standards 2019 (MOECP BMP) means the document released by the MECP
in 2019 and which addresses management of excess Soils, as amended.
Municipal Tree means a tree, the trunk of which is located entirely or substantially on
County property including any road allowance, boulevard, park or natural area;
Municipality means any political unit such as a town, village, or any other entity
incorporated for local self-government and specifically the The Corporation of the
County of Brant with respect to this By-law;
Normal Farm Practice has the same means as under the Farming and Food Production
Protection Act, 1998 which is, for ease of reference a practice that
i) is conducted in a manner consistent with proper and acceptable customs and
standards as established and followed by similar Agricultural Operations under
similar circumstances, or
ii) makes use of innovative technology in a manner consistent with proper advanced
farm management practices
Order means a mandatory requirement for action within a specified time period
specifically issued by the Corporation's By-law Enforcement Officer or other
authorized personnel to address issues of non-compliance with the conditions of the
Permit and/or Site Alteration Agreement;
Owner includes the registered Owner of the lands to which a Site Alteration is
proposed and any Person, firm or corporation in charge, management or control of
such lands and shall include terms in this By-law such as Applicant, operator or
property Owner;
Permit means a Site Alteration Permit issued pursuant to this By-law and includes
any agreements entered into by the Municipality and the Owner of the land to which
the Site Alteration applies;
Permit Holder means the Owner of the Lot for which a Site Alteration Permit has been
issued under this By-law;
Person means an individual, property Owner, multiple Persons, partnership or a
corporation;
Pervious Surfaces includes surfaces that permit infiltration, or water penetration which
includes Fill other than Impervious Surfaces;
Ponding means the accumulation of surface water caused by the Site Alteration;
Public Authority means any commission, committee, school board, department or
agency of the Government of Canada, Province of Ontario, Grand River Conservation
Authority, or Long Point Region Conservation Authority;
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Putrescible Organic Material means material that contains organic matter capable
of being decomposed by microorganisms and of such a character and proportion as
to cause obnoxious odours and to be capable of attracting or providing food for birds
or other animals;
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";
Retaining Wall means a wall designed by an Engineer to contain and support Fill which
has a Finished Grade higher or lower than that of adjacent lands;
Significant Archaeological Resources means resources that have been
determined to have cultural heritage value or interest. Processes and criteria for
determining cultural heritage value or interest may be establish by the Province, the
County, and/or may be based on consultation with Indigenous Communities.
Site means land upon which a Site Alteration is proposed and will include the term
"Receiving Site";
Site Alteration means any alteration to the Grade (topography) of land through the
movement, removal or placement of Topsoil or Fill by any means including the
removal of vegetation cover, the compaction of soil or the creation of impervious
surfaces, or any combination of these activities;
Site Alteration - Agricultural means any alteration to the Grade (topography) of land
through the movement, removal or placement of Topsoil or Fill to any lands
designated for agricultural purposes in the Official Plan or zoned for agricultural
purposes in the Zoning By-Law and on which an Agricultural Operation is being
carried out.
Site Alteration - Development means any alteration to the Grade (topography) of
land through the movement, removal or placement of Topsoil or Fill in advance of
registering a development agreement, site plan agreement, pre-servicing agreement
or a subdivision agreement with the County of Brant; fulfilling the conditions of a
consent application to create a new lot under the Planning Act, and any site
alteration on lands used for commercial or industrial operations to which a planning
act application is not required.
Site Alteration - General means any alteration to the Grade (topography) of land
through the movement, removal or placement of Topsoil or Fill to any lands other
than Site Alteration Agricultural or Site Alteration Development.
Site Alteration Agreement means a legal agreement between the property Owner
and the Municipality which may be Registered on Title to the lands on which the Site
Alteration is to take place;
Soil means unconsolidated naturally occurring mineral particles and other naturally
occurring material 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.
Stormwater means surface water in abnormal quantity resulting from heavy falls of
rain or snow.
Topsoil means those horizons in a Soil profile, commonly known as the "A" and "O"
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horizons, containing organic material and includes deposits of partially decomposed
organic matter such as peat.
Vegetation Protection Zone means a vegetated buffer area surrounding a Key Natural
Heritage feature or Key Hydrologic Feature, which is to be maintained as natural self-
sustaining vegetation.
Watercourse means a natural or man-made stream or channel or swale in which a flow
of water occurs, either permanently or as an intermittent stream;
Wetlands means lands that are seasonally or permanently covered by shallow water, as
well as lands where the water table is close to or at the surface. In either case the
presence of abundant water has caused the formation of hydric soils and has favoured
the dominance of either hydrophytic plants or water tolerant plants. The four major types
of wetlands are swamps, marshes, bogs and fens. Wetlands are further identified by the
Province or by any other person, according to evaluation procedures established by the
Province, as amended from time to time.
Zoning By-Law(s) means those By-laws passed by the County pursuant to Section 34
of the Planning Act, R.S.O. 1990 c. P.13, as amended.
SECTION 2 - EXEMPTIONS
2.1 This By-law does not apply to:
a) activities or matters undertaken by the County or a local board of the
Municipality;
b) any site alteration carried out by a Public Authority;
c) the placing or Dumping of Fill, removal of Topsoil or alteration of the Grade of
land imposed after December 31, 2002 as a condition to the approval of a Site
Plan, a plan of subdivision or a consent under section 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;
d) the placing or Dumping of Fill, removal of Topsoil or alteration of the Grade of
land 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;
e) the placing or Dumping of Fill, removal of Topsoil or alteration of the Grade of
land pursuant to an accepted residential individual lot grading plan in the
Municipality;
f) the placing or Dumping of Fill, removal of Topsoil or alteration of the Grade of
land 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;
g) the placing or Dumping of Fill, removal of Topsoil or alteration of the Grade of
land undertaken as an incidental part of installation or maintenance of gas, cable
or telecommunications;
h) the placing or Dumping of Fill, removal of Topsoil or alteration of the Grade of
land undertaken on land described in a license for a pit or quarry or a permit for a
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wayside pit or wayside quarry issued under the Aggregate Resources Act;
i) the placing or Dumping of Fill, removal of Topsoil or alteration of the Grade of
land undertaken on land to lawfully establish and operate or enlarge any pit or
quarry on land:
i) that has been designated under the Aggregate Resources Act or a
predecessor of that Act, and
ii) on which a pit or quarry is a permitted land use under a by- law passed
under Section 34 of the Planning Act;
j) the placing or Dumping of Fill, removal of Topsoil or alteration of the Grade of
land undertaken as an incidental part of drain construction under the Drainage
Act or the Tile Drainage Act. 2001, c. 25, s. 142 (5); 2002, c. 17, Sched. A, s. 30
(2, 3);
k) the removal of Topsoil as an incidental part of a Normal Farm Practice as defined
in the Farming and Food Production Protection Act, 1998, S.O. 1998, c.1.,
including such removal as an incidental part of sod-farming, greenhouse
operations and nurseries for horticultural products but not including the removal
of Topsoil for sale, exchange or other disposition;
l) replacement of Topsoil for restoration of Agricultural Lands used for normal
agricultural practices and which is an incidental part of sod farming, greenhouse
operations, and nurseries for horticultural practices and which shall not exceed
one thousand (1,000) cubic metres annually and which shall not result in a
landform change of more than 0.2m, or at the discretion of the Director;
m) the placement or Dumping of Fill as a nutrient management activity for
agricultural practices in compliance with the Nutrient Management Act, 2002;
n) any Site Alteration, involving:
i) The addition, removal or alteration of 100 cubic metres or less of Fill
provided the Site Alteration does not adversely affect Drainage of a
watercourse on abutting properties; unless written permission is obtained
from the adjacent landowner
ii) Development Site Alteration pursuant to an executed development
agreement in the Municipality
iii) Agricultural Lands - removal of Topsoil as an incidental part of Normal
Farm Practice, including such removal as an incidental part of sod farming,
greenhouse operations, and nurseries for horticultural practices but not
including the removal of Topsoil for sale, exchange or other disposition
iv) Agricultural Lands: Site Alteration - the altering of the land, addition or
removal of less than one thousand (1,000) cubic metres of Topsoil used for
an Agricultural Operation. Provided the Site Alteration is at least 1.0 metres
from any property line and does not adversely affect Drainage on abutting
properties; unless written permission is obtained from the adjacent
landowner
o) construction or demolition of a building, structure, retaining wall or on-site sewage
system pursuant to a valid building permit in the Municipality which has been
issued for the erection of the building, structure, retaining wall and/or on-site
sewage system, and the plans accompanying the building permit application
provides sufficient information to determine that the placing or Dumping of Fill
By-Law 87-24
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conforms with the provisions of this By-law, and the amount of Fill to be Dumped
or placed pursuant to the building permit does not exceed one thousand (1,000)
cubic metres;
p) any Site Alteration conducted in accordance with a Public Works Permit issued by
the County provided the amount of Fill does not exceed 1,000 cubic meters;
q) swimming pool installation, provided the proposed swimming pool does not
adversely impact any approved grading plan that applies to the lands, or
Drainage on abutting properties due to changes in Grade needed to
accommodate the pool, or by the installation or replacement of the pool itself;
r) the removal of trees in compliance with a permit issued by the County for tree
removal;
s) the placing or Dumping of Fill, removal of Topsoil or Alteration of the Grade of
land for the purpose of, lawn dressing, landscaping, driveway re- surfacing or
adding to flower beds or vegetable gardens, provided that:
i) the ground elevation of the lands is not increased by more than 0.2m;
ii) material is not stockpiled for more than thirty (30) days;
iii) there is no change in the direction or rate of Drainage to neighbouring
properties;
iv) in accordance with Section 2 (l)
v) all Fill placed or Dumped includes only Soil, stone, sod or other material
acceptable to the Director and that such material is clean and free of any
glass, plastics, metals, termites, invasive species and/or their eggs or
seeds, concrete, asphalt, garbage or any Contaminants that would
degrade the pre-existing conditions of the land
SECTION 3 - GENERAL PROHIBITIONS AND REGULATIONS
3.1 No Person shall place or Dump any Fill, remove any Topsoil, perform Clearing and
Grubbing or otherwise alter the Grade of land by causing or permitting any other form
of Site Alteration on land within the Municipality without the Owner first receiving a
Permit issued under this By-law by the Corporation unless otherwise exempt in
Section 2.
3.2 The issuance of a Permit does not relieve the Owner 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.
3.3 A Site Alteration Permit is not transferable to another property.
3.4 No Person shall perform a Site Alteration on any lands unless it is done at the request
of or with the written consent of the Owner of the Land where the Site Alteration is to
occur.
3.5 No Person shall perform a Site Alteration or permit the performance of a Site
Alteration:
a) In contravention of the Municipality's Noise By-law unless and exemption has
been granted;
b) Anytime on Sunday or on a Statutory Holiday unless and exemption has been
granted;
By-Law 87-24
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c) During any period in which a wind warning for the area has been issued by
Environment Canada;
d) During any period in which a smog advisory for the area has been issued by
the Ontario Ministry of the Environment, Conservation and Parks;
e) During any weather conditions where the ability to mitigate Site Alteration
activity impacts is severely compromised (e.g. heavy rain, thick fog, etc.); and
f) During any situation where Site Alteration activities would likely adversely
impact adjacent landowners (e.g. brush fires, floods, unsuitable road
conditions, etc.).
3.6 No Person shall perform a Site Alteration on any lands except in accordance with the
Municipality's Official Plan Polices, Zoning By-law as amended.
3.7 No Person shall undertake a Site Alteration which may result in:
a) Adverse Erosion and environmental impacts on and off-site;
b) Blockage of a swale, ditch or Key Hydrologic Feature;
c) Siltation in an environmentally sensitive area or storm sewer;
d) Transportation of silt to adjacent, neighbouring or downstream properties;
e) Pollution of an environmentally sensitive area;
f) Flooding or Ponding on adjacent lands;
g) Flooding or Ponding caused by a Watercourse overflowing its banks;
h) Hindering the orderly development of any lands;
i) Adverse Effect on the quality and quantity of water in a well;
j) Adverse Effect on any trees of a caliper of 75mm diameter at breast height
(dbh) or more located on the lands;
k) Adverse Effect on matters of inherent ecological or hydrological sensitivity
such as, but not limited to aquifer recharge, Soil permeability, water quality
and quantity, key hydrologic areas, and environmentally sensitive areas;
l) Unauthorized injury or destruction of Municipal trees or other trees protected
under any other applicable By-laws of the Municipality or County;
m) Injury or destruction of other trees, which in the opinion of the Director could
reasonably be avoided;
n) A negative impact or Adverse Effect on an environmentally sensitive area or
key hydrologic area, however in policies and provisions in Provincial plans and
policies, Official Plans or Zoning By-laws;
o) An Adverse Effect to the growth and or harvest of fruit, vegetables or crops,
landscaping and gardens;
p) An Adverse Effect to the visual amenities of the land such that it constitutes an
unreasonable interference with enjoyment of property;
q) An Adverse Effect on areas of archaeological significance;
r) Site-Alteration activities on lands containing archaeological resources or
areas of archaeological potential unless significant archaeological resources
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have been conserved in manner that is consistent with, however expressed in
policies and provisions in Provincial plans and policies, Official Plans or
Zoning By-laws; or
s) Contamination of or the degradation of the environmental quality of land.
3.8 Where a Permit has been issued under this By-law, no Person shall place or Dump
Fill, remove any Topsoil or alter the Grade of land except in accordance with this By-
law, the terms and conditions of the Permit and any Site Alteration Agreement
entered into with the Municipality, which conditions may include, but are not limited
to:
a) In addition to the stipulations under 2.1(n)(v) supra, 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;
b) 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;
i) In this section, Contaminant means those Contaminants of concern listed
in the MECP Soil and Groundwater and Sediment Standards for Use
under Part XV.1 of the Environmental Protection Act, 2011.
c) No Person shall undertake any Site Alteration that may adversely affect 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 on a property with an
adjoining property boundary, or any other property;
d) Fill shall meet the standards:
i) set out in the Tables contained within: Management of Excess Soil -
Rules for Soil Management and Excess Soil Quality Standards 2019 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 Director; or
ii) set out in the O. Reg. 406/19: On site and excess Soil management
e) Notwithstanding section 3.8(d) above, the stricter standard applies;
f) Notwithstanding section 3.8(a) above, Fill that is Topsoil, sod or turf materials
shall meet Table 1 Standards;
g) No Person shall undertake Site-Alteration activities that alter the natural
Drainage or any natural or human-made wetland, water course or water body in
such a manner that will interfere with reasonable enjoyment of property or
adversely affect the environment;
h) No Person shall undertake Site-Alteration activities within 120 metres of an
environmentally sensitive area that could have adverse effects or negative
impacts; in this regard completion of an Environmental Impact Study may be
required;
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i) No Person shall perform Site Alteration that replaces a minimum of 20% or more
of a non-residential property's Pervious Surfaces with Impervious Surfaces without
first attaining approval as per the Municipality's Site Plan Control By-law;
j) 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 and contact the County and take such actions as
defined by the Director or other responsible agency to address, safeguard, and
protect the resources;
k) Erosion and sedimentation control measures shall be provided around any
area that may be disturbed in a manner satisfactory to the County 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;
l) 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 Municipality, and
grading plans and timelines as approved by the Director;
m) The County may restrict the hours of operation and days of operation permitted
beyond those restrictions found in this By-Law;
n) Haul Routes for the transportation of Fill and Topsoil authorized for placement,
Dumping or removal at the permit site may be designated to and/or from a
Receiving Site by the Director to minimize damage to the County's roads and
minimize interference and/or disturbance to the Municipality's residents and
businesses in accordance with a Permit or Site Alteration Agreement issued
by the Municipality, if applicable;
o) No Person shall place or Dump Fill or cause or permit Fill to be placed or
Dumped on a Lot fronting on a County road that has been deemed by the
County, in its sole discretion, to be unsuitable for the transportation of Fill.
p) The County may restrict the daily volume of truckloads to ensure adequate
Municipal oversight of the operations, ensure traffic safety and to address
reasonable concerns regarding adverse effects to citizens along the Haul
Route and in the vicinity of the proposed Site Alteration works;
q) 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; and
r) 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 County at their
request, or as required by any Site Alteration Agreement authorized under this
By-law, for a minimum of 7 years after the completion of the Site Alteration
and associated activities at the discretion of the County.
3.9
No Person shall conduct a Commercial Fill Operation.
3.10 Notwithstanding any other provision of this By-law, the Director may require any
Applicant to enter into an Agreement with the Municipality which shall be registered on
Title to the Lands.
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Prohibited Areas
3.11 Prohibited Areas
a) The following are prohibited areas unless approval from the Director is
obtained:
i) Environmentally Sensitive Areas;
ii) 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 jurisdiction of the
Corporation;
iii) Lands previously licensed or permitted and used as a pit or quarry
under the Aggregate Resources Act, R.S.O. 1990, c. A8, as amended,
(or any predecessor legislation thereof), or otherwise, whether such
lands have been rehabilitated or not.
3.12 Notwithstanding anything else contained in this By-law, no Person shall cause,
permit or perform a Site Alteration in a prohibited area set out in Section 3.11 unless:
a) The Site Alteration is authorized by a building permit, as per Section 2.1k.,
issued by the Corporation or any other development agreement with the
Corporation;
b) The Site Alteration is exempted by Section 2 of this By-law;
c) The Site Alteration is a provincial or federal work or undertaking where the
Director determines that the core of the power under which it is established would
be seriously and significantly impaired by the prohibition.
3.13 Notwithstanding Section 3.11, Topsoil replacement for Agricultural Lands being used
for existing and bona fide sod farms, greenhouse operations including hoop houses and
nurseries for horticultural products, or other bona fide Agricultural Operations, may occur
providing a Site Alteration Permit has been issued and providing such Topsoil
replacement shall not exceed 0.2m in depth or 1,000 m3 annually whichever is less
whether being stored or spread immediately, and:
a) Topsoil quality shall meet the standards as set out in 3.8(d) and (e).
SECTION 4 - PERMIT TYPES
Application to the County for the issuance, renewal, amendment or revocation of a Permit shall
be submitted for one of the following categories:
Site Alteration - General
Applies to all applications for Site Alterations;
a) Small: greater than 100 m3 but less than 1,000 m3
b) Large: equal to or greater than 1,000 m3
Site Alteration - Agricultural
a) Applies to all applications for Site Alteration greater than 1,000 m3 on lands zoned
Agricultural and on which an Agricultural Operation is being carried out
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Site Alteration - Development
a) Applies to all applications for Site Alterations on lands designated for development
b) Applies to site alteration on lands used for commercial or industrial operations to
which a Planning Act application is not required.
SECTION 5 - REQUIREMENTS FOR ISSUANCE OF ALL PERMITS
5.1 Application to the County for the issuance, renewal, amendment, or revocation of a
Permit shall be made in a form and a manner approved by the Director and shall
contain any information that is requested.
5.2 A Permit Application will be deemed abandoned and cancelled once a period of 6-
months has elapsed or by December 31st, at the discretion of the Director, and the
applicant has either not:
a) Provided all requirements including Permit Fees, security deposit etc.; and/or
b) Resolved the deficiency(ies) identified during the Application review.
5.3 Without limiting the generality of 5.1, the Director may require the Applicant to:
a) Complete any of the requirements detailed in Schedule A of this Bylaw entitled
"Application Package";
b) Retain a Qualified Person to prepare a Site Drawing which meets the
requirements of Schedule A;
c) Retain an appropriate qualified consultant or Qualified Person, as specified by
the Director, to undertake any tests or studies that the County deems
necessary to complete any background studies as detailed in Schedule A;
d) Consult with other Persons or bodies about the application and report to the
Director on the results of the consultation;
e) Provide confirmation that the other Persons or bodies consulted in clause (d)
did not raise any objections to the application or that these objections have been
resolved to the satisfaction of the Person or bodies consulted;
f) Retain a qualified consultant or Qualified Person to prepare a report or
reports, to the reasonable satisfaction of the Director, that demonstrate how
the proposed operations reconcile to the Ministry of the Environment,
Conservation and Parks document entitled, "Management of Excess Soil - A
Guide for Best Management Practices"; and
g) Proof of Insurance.
5.4 The Owner may be required to notify the Director of the commencement, the
completion and of the various stages of performance of the Site Alteration and to
make the commencement, the completion and the various stages available for
inspection by the Municipality or its agents.
5.5 Notwithstanding any other provisions of this By-law, the County may at their sole
discretion, waive certain requirements of Section 5 and Schedule A after taking into
consideration the proposed works and the anticipated impacts to the Site, adjacent
properties and the surrounding environment.
5.6 Notwithstanding any other provisions of this By-law, the County may require one or
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more of the provisions as set out in the Section 5 be complied with for any Permit
being considered or issued by the Municipality, after taking into consideration the
proposed works and the anticipated impacts to the Site, adjacent properties and the
surrounding environment.
5.7 The Director may attach such other conditions to a Permit that are reasonably
required to protect the economic, social and environmental well-being of the County
and the health, safety and well-being of Persons as a result of anticipated impacts of
the Fill operation.
SECTION 6 - PERMIT ISSUANCE
6.1 A Permit may be issued where the County is satisfied that:
a) The intent and purpose of the By-law will be maintained;
b) The lands which are subject of the application for a Permit are not within an area
where placing or Dumping of Fill or where a Site Alteration is prohibited under
Section 3 of this By-law;
c) The Owner has complied or will comply with all the requirements of this By-
law;
d) All other Permits, application material, background studies, agreements,
documents and reports have been received, reviewed and approved to the
satisfaction of the County;
e) If required by Section 6 of this By-law, the Applicant has entered into the
agreement referred to in Section 3.10;
f) In addition to compliance with all other requirements, the intended use for the
filled areas, where applicable, is a permitted use under the Municipality's
Official Plan, and the Municipality's Zoning By-law;
g) All applicable agencies and authorities have been notified and have provided
comments, to the satisfaction of the County;
h) The Site Alteration will be undertaken for necessary or beneficial purposes to the
satisfaction of the Municipality;
i) any other matters that the County considers relevant have been addressed.
6.2 The County 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;
6.3 Written reasons shall be provided by the Director and/or Council if a Permit is
refused.
SECTION 7 - EXPIRY, EXTENSION, RENEWAL, REVISION, REVOCATION AND
TRANSFER OF PERMITS
Expiry
7.1 A Site Alteration Permit expires on the date set out in the Permit.
7.2 Should the Site Alteration work not start within 90 days of the Permit issuance, the
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Permit will be deemed expired, regardless of the specified validity period, at the
discretion of the Director.
Extension or Renewal
7.3
a) A Permit which may be renewed by the Director as appropriate, within a
period of three months before the date of expiry upon the submission of a
written request to the Director accompanied by a payment in accordance with
the Fees and Charges By-law, provided that the proposed work which was the
subject of the Permit has not been revised; and
b) A Permit which has been renewed in accordance with this section shall
thereafter be treated as a new Permit except that it shall not again be renewed,
unless specifically stated in a Site Alteration Agreement.
Revision
7.4
a) Where the proposed work which was the subject of the Permit is to be modified,
the Permit may be revised and re-issued, at the request of the Applicant, by the
Director as appropriate before the date of expiry upon the submission of a written
request to the Director accompanied by a payment in accordance with the Fees and
Charges By-law; and
b) A Permit which has been requested to be revised by the Applicant in accordance
with this section shall thereafter be treated as a new Permit application.
Revocation
7.5 The County may revoke the Permit for the following reasons:
a) It was obtained on mistaken, false or incorrect information;
b) It was issued in error;
c) The Owner or Permit Holder request in writing that it be revoked;
d) The terms of a Site Alteration Agreement and/or Permit under this By-law have
not been complied with;
e) Work authorized under the Permit has not been commenced prior to its expiry
date;
f) The Owner has failed to comply with the provisions of this By-law; or
g) The land has been transferred and the new Owner has not complied with the
requirements under this section of the By-law.
7.6 Where a Permit has been revoked under Section 7.3 or for any other reason pursuant
to this By-law, the Permit Holder shall immediately cease all work under the revoked
Permit and restore the Site to conditions acceptable to the Director.
Transfer
7.7 A Permit shall expire upon the transfer of ownership of the Site unless the new Owner
provides written commitment to comply with all conditions under which the Permit
was issued, prior to transfer of the Site, including compliance with this By-law and
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agreement to provide Financial Assurance in a form and amount acceptable to the
County, at which time any Financial Assurance previously provided by the original
Permit Holder pursuant to this By-law shall be released.
7.8 Failing the written commitment from the new Owner, the Permit shall be deemed to
be cancelled as of the date of transfer.
7.9 A Permit is not transferable to another Site.
SECTION 8 - INSPECTION/ENFORCEMENT
8.1 Section 436 of the Municipal Act, 2001, S.O., c.25, as amended, authorizes the
Municipality to enter on land, at reasonable time for inspection.
8.2 This By-law shall be administered and enforced by the Director and his/her
designate(s) and by those Persons designated as Inspectors by the County and/or as
may be appointed by Council.
8.3 No Person shall hinder or obstruct or attempt to hinder or obstruct an Inspector
conducting an Inspection or a Person performing corrective works under this By-law.
8.4 An Inspector may enter upon the land where at any reasonable time for the purpose
of carrying out an Inspection to determine whether or not the following are being
complied with:
a) this By-law;
b) a Permit and/or Site Alteration Agreement, or a condition of a Permit and/ or
Site Alteration Agreement; or
c) a direction or Order made under the Municipal Act, 2001, S.O. 2001, c.25 or
this By-law.
8.5 For the purposes of an Inspection under Section 8.4, the Inspector may:
a) require the production for inspection of documents or things relevant to the
Inspection;
b) inspect and remove documents or things relevant to the Inspection for the
purpose of making copies or extracts;
c) require information concerning a matter related to the Inspection;
d) 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; and
e) Conduct inspections with digital data collection devices (e.g. drone)
8.6 All documents and records shall be kept in a good and business-like manner for
review by the County at their request.
8.7 A receipt shall be provided for any document or thing removed under Section 8.5 and
the document or thing shall be promptly returned after the copies or extracts are
made.
8.8 A sample taken under Section 8.5(d) 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 and the
other part shall be used by the County for soil testing.
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8.9 If a sample is taken under Section 8.5(d) 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.
SECTION 9 - ORDERS AND NOTICES
9.1 If after Inspection, an Inspector is satisfied that a contravention of this By-law has
occurred, the County shall notify the Owner and/or the Permit Holder of the
particulars with an "Order To Discontinue and/or "Work Order", pursuant to Section
444(1) or 445(1) of the Municipal Act, 2001, and provide all occupants with copies of
the "Order To Discontinue" and "Work Order" and such Orders shall contain:
a) the Municipal address and legal description of the land;
b) reasonable particulars of the contravention(s) adequate to identify the
contravention and the location of the land on which the contravention
occurred and;
c) the period within which there must be compliance.
9.2
The Orders issued pursuant to Section 9 of this By-law may require any Person who
has altered the Grade of land, caused, or permitted the Grade to be altered contrary
to the provisions of this By-law, placed, Dumped, cut or removed Fill, caused or
permitted Fill to be placed, Dumped or removed, or caused or permitted any other
form of Site Alteration contrary to the provisions of this By-law to:
a) Cease all work in respect of the Site Alteration;
b) Remove the Fill;
c) Fill in any excavations or ponds; and/or
d) Complete all the work necessary to:
i) eliminate any hazard or potential hazard resulting from the alteration of
the Grade or the placing, Dumping, or removal of Fill and to restore the
land to a condition of safety and/or its original environmental condition,
to the satisfaction of the Director;
ii) 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 Director;
iii) undertake such further investigations as required by the Director to
identify the extent of any breach of this By-law and do work to correct the
contravention, as deemed appropriate by the Director.
9.3 The Order and/or Notice referred to in Sections 9.1 and 9.2 of this By-law shall also
contain:
a) The time frame in which the work contained in the Order must be carried out;
and
b) A notice stating that if the work is not done in compliance with the Order within
the period it specifies, the County will issue a "Notice of Violation".
9.4 An Order and/or Notice issued pursuant to Section 9.1, 9.2 or 9.3 of this By-law shall
be served personally or by prepaid registered mail or in accordance with Section 9.5
of this By-law.
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9.5 An Order and/or Notice issued pursuant to Section 9.1, 9.2 or 9.3 of this By-law, sent
by prepaid registered mail, shall be sent to the last known address of the Owner of the
land and the Permit Holder and shall be deemed served 5 days following.
9.6 An Inspector who is unable to effect service pursuant to Section 9.5 of this By-law
shall place a placard containing the terms of said Order and/or Notice in a
conspicuous place on the property and the placing of the placard shall be deemed to
be sufficient service of the Order and/or Notice on the Owner and Permit Holder.
9.7 If the Owner or Permit Holder fails to do the work required by a "Work Order" and
"Notice of Violation" issued pursuant to Sections 9.1-9.3 inclusive of this By-law
within the period specified, the Municipality, in addition to all other remedies it may
have, may do the work and for this purpose may enter on the land with its employees
and agents. The costs incurred by the Municipality in so doing shall be paid by the
Owner of the land and may be recovered by the Municipality in like manner as taxes
pursuant to section 446 of the Municipal Act or draw on the financial assurance
provided.
9.8 Where archaeological resources have been discovered or identified at a Site, the County
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.
SECTION 10 - OFFENCES AND PENALTIES
10.1 Any Person, including a corporation, who contravenes any provisions of this By-law,
the terms or conditions of a Permit or Agreement signed 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, is guilty of an offence and, upon conviction, is liable to a fine as provided
for by the Provincial Offences Act, R.S.O. 1990 Chapter P33, as amended:
a) on a first conviction, to a fine of not more than $10,000;
b) upon a second or subsequent conviction for the same offence, to a fine of not
more than $100,000;
c) upon conviction for a continuing offence, to a fine of not more than $10,000 for
each day or part of a day that the offence continues. The total daily fines is not
limited to $100,000; and
d) upon conviction for a multiple offence, for each offence included in the
multiple offences, to a fine of not more than $10,000. The total of all fines for
each included offence is not limited to $100,000.
10.2 If a corporation has contravened any provision of this By-law, the terms or conditions
of a Permit, an Agreement or an Order issued pursuant to this By-law and Section
444(1) or 445(1) of the Municipal Act, 2001, every director and officer of said
corporation is guilty of an offence.
10.3 For the purposes of this By-law, an offence is a second or subsequent offence if the
act giving rise to the offence occurred after a conviction had been entered at an
earlier date for the same offence.
10.4 If 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
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contravention remains uncorrected.
10.5 If 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 a continuing offence for each
day or part of a day that the Order is not complied with.
10.6 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.
10.7 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:
a) rehabilitate the land;
b) remove the Fill placed or Dumped;
c) restore the Grade of the land to its original condition; and
d) replace damaged trees, shrubs, etc.
10.8 A special fine may be imposed in addition to a fine imposed under Section 10.1 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. A
special fine shall be calculated on the basis of:
a) $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;
b) 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.
10.9 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.
SECTION 11 - FEES
11.1 The fee for processing, administration, renewal, revision and inspection for a Permit
shall be in accordance with the Fees and Charges By-law of the Municipality, tipping
fees as identified in the Fees and Charges By-law, shall be provided by the Owner to
the Municipality at intervals set out by the Municipality.
11.2 Any failure to pay necessary fees or top up the Financial Assurance as defined in
Section 11.5 to 11.10, may result in an Order to Discontinue being issued or a
revocation of the Permit.
11.3 Any Person or corporation who commences site alteration before receiving a Permit
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shall, in addition to any other penalty under section 10, pay an additional fee equal to
100% of the amount calculated as the regular Permit fee.
11.4 If an applicant requests to revise a Permit, the fee will be equal to 50% of the original
Permit fee for each revision requested.
Security Deposit Requirements
11.5 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 Municipality 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 County and to pay any outstanding amounts owed
by the Owner that relate to the Permit.
11.6 Financial Assurance must be in the form of an irrevocable Letter of Credit, certified
cheque or cash and may be required by the County to cover 100% of the estimated
cost to maintain Site control measures, stabilize the Site and undertake other works
as identified by the Director in Section 11.5.
a) A Letter of Credit is to be in a form acceptable to the Municipality's Treasurer.
11.7 The Financial Assurance shall be in an amount determined by the Director and as set
out in the Agreement or the Fees and Charges By-law.
11.8 A Letter of Credit or other securities must remain in effect for the full duration of the
life of the Permit.
11.9 Any Letter of Credit and its subsequent renewal forms shall contain a clause stating
that 60 days written notice must be provided to the Municipality prior to its expiry or
cancellation.
11.10 The Financial Assurance must be replenished in full by the Permit Holder within 30
days whenever it is drawn upon.
11.11 It is the responsibility of the Permit Holder to obtain the written approval of the
Director that the Site has been adequately reinstated and stabilized in accordance to
this By-law and the plans and the Permit and to request that the Municipality carry
out a final inspection of the Site and obtain the written approval of the County that this
By-law and terms and conditions of the Permit have been complied with by the
Permit Holder.
11.12 When the provisions in Section 11.10 have been fully complied with, to the
satisfaction of the County, the Financial Assurance shall be released.
11.13 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 County and within a timeframe approved
by the Director.
11.14 Notwithstanding any other provision in Section 11, the Owner may be required to
maintain the Financial Assurance described in Section 11 until all Site monitoring,
applicable sampling and remediation is completed, as required in the Permit, to the
satisfaction of the County.
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SECTION 12 - SEVERABILITY and INTERPRETATION
12.1 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.
12.2 Interpretation
a) 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.
b) References in this By-law to items in the plural include the singular, and
references to the singular include the plural, as applicable.
c) The words "include", "includes" and "including" are not to be read or
interpreted as limiting words, phrases or descriptions that precede them.
d) This By-law and the provisions contained within are intended to be
complementary to provincial statutes and to other By-laws passed by Council.
In the event that any other applicable law requires a higher standard than this
By-law requires, the higher standard shall apply.
SECTION 13 - APPEAL
a) The Applicant may within 20 business days, no later than 4:30pm on the 20th day
after the making of the decision of the Director to refuse to issue a Permit, appeal
to the License Tribunal against the decision of the Director by filing with the Clerk
a notice of appeal setting out the objection to the decision and the reasons in
support of the objection, accompanied by payment to the Clerk of the fee as set
out in the County Fees and Charges By-law on an appeal for a Site Alteration
Permit.
b) Where a notice of appeal is not received within the time indicated in subsection
13(a), no further opportunity to file a notice of appeal will be granted.
c) The Clerk, upon receipt of a notice of appeal filed under subsection 13(a), shall
schedule a hearing before the License Tribunal and shall provide notice in the
manner and contained the information described in this section at least 10 days
before the date of the hearing, to the Applicant and each Owner within 60 metres
of the subject property.
d) Notice shall be provided by personal service, digital delivery or general mail and
shall include the following:
i) The date, time and location of the appeal hearing;
ii) A statement that the hearing is being held in accordance with the Statutory
Powers Procedure Act, R.S.O. 1990, c. S. 22 as amended;
iii) The objection to the decision and the reasons in support to the objection;
iv) A statement that if the party notified, or their representative, does not attend
at the appeal hearing, the License Tribunal may proceed in the party's
absence and the party will not be entitled to any further notice in the
proceeding;
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v) Where the good character, propriety of conduct or competence or a part is
an issue in the appeal hearing, the party is entitled to be furnished with
reasonable information of any allegations with respect thereto.
e) The License Tribunal will conduct a hearing in accordance with the Statutory
Powers Procedure Act, R.S.O. 1990, c. S. 22 as amended, and may uphold,
reverse, or amend the decision of the Director as in its opinion is desirable, if in
the opinion of the License Tribunal the general intent and propose of the By-law
is maintained. Where a notice of hearing has been given to a party, or their
representative, and the party, or their representative does not attend the hearing,
the License Tribunal may proceed in the absence of the party and the party is not
entitled to any further notice in the proceeding.
f) In addition to complying with the requirements of this By-law, the License
Tribunal shall comply with such rules of procedures as are set out in the Statutory
Powers Procedure Act, R.S.O. 1990, c. S. 22 as amended.
g) The hearing shall be held in public, except as otherwise provided in the Statutory
Powers Procedures Act, R.S.O. 1990, c. S.22, as amended, and the License
Tribunal shall hear the appellant and any party who participated in the hearing, or
their representatives, and the License Tribunal may adjourn the hearing or
reserve its decision.
h) Any member of the License Tribunal may administer oaths and affirmations and
may require evidence to be given under oath or affirmation.
i) No decision of the License Tribunal on an appeal is valid unless it is concurred in
by the majority of the members of the License Tribunal that heard the appeal, and
the decision of the License Tribunal, whether upholding, amending or reversing
the decision of the Director, shall be in writing and shall set out the reasons for
the decision. When the License Tribunal makes a decision on an appeal, no
further opportunity to appeal will be granted by the County.
j) Any decision by the License Tribunal may be for such time and subject to such
terms and conditions as the License Tribunal considers advisable and as are set
out in the decision.
k) The Recording Secretary of the License Tribunal shall compile a record of the
hearing as set out in the Statutory Powers Procedures Act, R.S.O. 1990, c. S22.
and shall provide said record to the Planning Administrative Assistant.
l) The Planning Administrative Assistant shall, not later than ten business days from
the making of the decision, send one copy of the decision including the reasons
that have been given if any, by regular letter mail, by electronic transmission, or
by telephone transmission of a facsimile, to each party who participated in the
appeal hearing or their representatives, including a statement that no further
opportunity to appeal will be granted by the County and such notice deemed to
be received by the party as set out in the Statutory Powers Procedures Act,
R.S.O. 1990, c.S22.
m) Where the License Tribunal decision is to issue the Site Alteration Permit no
further opportunity to appeal will be granted by the County, and the Site Alteration
Permit shall be issued.
n) If all appeals under subsection 8(a) are withdrawn within 15 business days after
the last day of filing a notice of appeal, the Planning Administrative Assistant shall
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notify the parties that the appeal has been withdrawn, that a hearing will not be
held and that no further opportunity will be granted.
SECTION 14 - EFFECTIVE DATES
14.1
If a court of a competent jurisdiction should declare any section of a part of this By-law
to be invalid, the remainder of this By-law shall continue in force. Unless the court
makes an Order to the contrary.
14.2
The County may not permit any extensions or renewals of Permits issued under the
predecessor By-law.
14.3
This By-law 82-22 is hereby repealed and replaced in its entirety.
14.4
This By-law shall come into full force and effect upon its third Reading.
READ a first and second time, this 24th day of September, 2024.
READ a third time and finally passed in Council, this 24th day of September, 2024.
THE CORPORATION OF THE COUNTY OF BRANT
_____________________________________
David Bailey, Mayor
_____________________________________
Alysha Dyjach, Clerk
By-Law 87-24
Page 25
SCHEDULE A
Application Package
1.1 The Director may require the Applicant to submit to the County:
a) confirmation that the property where the proposed Site Alteration is to take
place are not within any of the prohibited areas listed in Section 3;
b) 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;
c) the legal description of the land upon which the Fill is to be Dumped or placed
or other Site Alteration is to occur;
d) the Official Plan designations and Zoning of the property;
e) the name, address, PIN abstract and contact information of the Owner of the
land upon which the Fill is to be received and placed or Dumped, including
written acknowledgement and written acceptance of the Fill material being
transported to his/her property;
f) the name, address and contact information of the agent/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;
g) 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;
h) the applicable fees calculated in accordance with the rates set out in the
Municipality's Fees and Charges By-law or as indicated in this document;
i) a brief description of the proposed works that have been identified on the Site
Drawing;
j) work schedule for the proposed Site Alteration works;
k) Proposed Grades and Drainage systems upon completion of Site Alteration
operations and as shown on the Site Drawing;
l) a Fill management plan;
m) a dust control plan including a method of monitoring dust and a response plan to
address dust incidents;
n) estimated volume of Fill to be imported to achieve the proposed grades;
o) a brief description of the Fill being placed or Dumped;
p) all source location(s) of the Fill being placed or Dumped including
environmental Soil tests, and Soil permeability tests if required by the
Director;
q) 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
By-Law 87-24
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during construction and after as required;
r) all dust and mud control measures to be implemented and utilized during
construction and after as required;
s) all proposed ground covering to be used upon completion of the Site Alteration
operation;
t) 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;
u) An assessment of potential noise and vibration impact; and monitoring and
mitigation measures;
v) securities to ensure the Owner's obligations according to a Site Alteration
Permit shall be in accordance with Section 11 of this By-law;
w) proof of Insurance;
x) permission in writing from the owner of the Receiving Site;
y) any other requirements the Director deems necessary.
Background Studies
2.1 The County may require the Applicant to undertake and submit any tests or studies
relating to:
a) confirmation of the surrender of the license if the Site has been previously
licensed by the Ministry of Northern Development, Mines, Natural Resources
and Forestry;
b) confirmation from a traffic consultant that the proposed traffic and road access
components of the Site Alteration operation meets the requirements of the
County or Province; and provide any Site specific conditions imposed by the
County or Province;
c) confirmation from a hydrogeologist and/or hydrologist that the proposed Site
Alteration operation will have no Adverse Effects on water quality and quantify,
key hydrologic areas, or environmentally sensitive areas;
d) confirmation prepared by a qualified arborist or forester that the proposed
Site Alteration meets all tree protection requirements of the County, Province
or Federal Government that prohibit or regulate the destruction or injuring of
trees and provide any Site specific conditions imposed by the applicable
authority;
e) confirmation by an environmental consultant of on-site presence or absence
of that habitat of any endangered, threatened species or Species of Special
Concern as designated and defined in the Endangered Species Act and any
Site specific conditions imposed by legislation;
f) confirmation prepared by an environmental consultant of on-site presence or
absence of migratory birds as regulated by the Migratory Birds Convention
Act and any Site specific conditions imposed by legislation;
g) confirmation by a fisheries biologist of on-site presence or absence of fish
habitat as regulated by the Fisheries Act and any specific Site conditions
imposed by legislation;
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h) an Environmental Impact Study or Environmental Implementation Plan, including
a natural heritage and/or hydrological assessment, by qualified consultants where
the proposed Site Alteration has the potential to have adverse effects or negative
impacts on environmentally sensitive areas;
i) an Archaeological Assessment by a qualified professional where the Site
Alteration has the potential to disturb archaeological resources or areas of
archaeological potential;
j) all desk top and field studies prepared by a Professional Agrologist when the
Site Alteration is proposed for a new farming use or proposed to improve lands
currently being used for agriculture;
k) all assessments of Soil quality by a geotechnical consultant and groundwater
quality by a hydrogeologist at the Receiving Site in order to establish the
current, ambient Site condition;
l) a stormwater management report by a qualified professional where the Site
Alteration has the potential to effect the quality and quantity of stormwater runoff.
m) any relevant landform conservation plan prepared to the reasonable
satisfaction of the Director; and
j) any other studies or reports the Director deems necessary.
Site Drawing
3.1 The Site Drawing shall be based on an identified legal survey of the Site if required by
Director. The Site Drawing shall be prepared by a Qualified Person and may include
the following at the discretion of the Director:
a) a key plan showing the location of the site and a minimum of 30 meters
beyond the site;
b) the scale of the drawing in meters, ranging from 1:250 to 1:1000 as deemed
appropriate by the Director;
c) property lines of the lands where the proposed Site Alterations are to be
undertaken, including dimensions and the number of hectares of the site;
d) the location, dimensions, elevations and use of buildings and other structures
existing or adjacent to the Site;
e) the current and proposed use of the Site;
f) detailed locations, including dimensions, identifying the proposed locations for
the placement of Fill on the lands;
g) detailed locations, descriptions, notes, and details of all sediment and erosion
control measures that will be or may be installed or implemented including
but not limited to heavy duty siltation fencing, sediment containment systems,
vehicle tracking pads at all site entrances, proposed dust suppression, check
structures, inlet protection, slope drains, slope protection, channel protection,
vegetation establishment, and tree protection fencing, if required;
h) 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 County if:
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i) Erosion on adjacent lands may occur as a result of the work which is the
subject of the Permit; and/or
ii) 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;
i) 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;
j) the property lines to clearly show the detailed existing topography of the
property and the adjacent lands;
k) the location of wells, wellheads, source water protection areas;
l) the location of key hydrologic features on the Site and within 120 m beyond
the property lines;
m) the location of Environmentally Sensitive Areas that are not key hydrologic
features, and channels, ditches, swales, water courses and other bodies of
water on the Site and 30 m beyond the property lines;
n) the location, dimensions and invert elevations of any existing and proposed
storm water Drainage systems, sewers, Drainage pipes, culverts, inlet
chambers, Drainage tiles, septic beds and natural Drainage patterns on and 30
m beyond the property lines;
o) the location and dimensions of utilities, roads and Highways;
p) the location, diameter, species and drip line of all trees with a caliper
measuring 75 mm or greater 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;
q) all existing vegetation 10 m beyond the property lines including Municipal
trees, individually locating all trees with a caliper measuring 75 mm or greater
at dbh. All other vegetation to be identified in masses showing outline of
canopy or vegetation limit created by the massing;
r) the location and description of the predominant Soil types;
s) the location and dimensions, of all proposed temporary Soil or Fill stockpiles;
t) the location, dimensions, height and slopes of any proposed berms;
u) the proposed final elevations of the Site Alteration works;
v) the location and dimensions of all proposed land disturbances;
w) the location of all wetlands, floodplains, shoreline, top of bank features and
approximate regulation limits of the applicable Conservation Authority; and
x) any additional information deemed necessary by the County.