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The Corporation of the City of Burlington By-law 64-2014
City of Burlington By-law 64-2014
Description
A by-law to prohibit and regulate the placing, dumping, cutting or removal
of fill or the altering of grades or drainage on any lands. File No. 110-04-
01, 815-01 (E-10-14)
Preamble
Whereas Council determines it necessary to enact a By-law for prohibiting or regulating the placing,
dumping, cutting or removal of fill or the altering of grades or drainage on any lands within the
Corporation of the City of Burlington to limit interference and damage to watercourses, drainage
systems and water supplies, to regulate unanticipated drainage and site alterations, to limit the use of
improper fill and potential environmental impacts, to limit erosion arising from such changes and to
limit impacts on neighbouring and surrounding properties.
Whereas Section 142 of the Municipal Act, 2001, S.O., c.25, as amended, provides that the Council
of a local municipality may pass By-laws prohibiting or regulating the placing or dumping of fill,
removal of topsoil or fill or alteration of the grades of land in any defined area or on any class of land;
And whereas the Corporation of the City of Burlington subsequently repeal by Council By-law No. 06-
2003;
Now therefore the Council of the Corporation of the City of Burlington hereby enacts as follows:
Content
Introduction
The By-law provides an explanation of what defines the requirements for a Site Alteration Permit. It
also details the steps involved in submitting an application, calculating fees and securities, issuing a
Site Alteration Permit, and administering/inspecting the site alteration works. The following is an
index of the contents of By-law 64-2014.
1.
Definitions, Legislation, Regulations, Policies and Reference Documents
2.
General Prohibitions and Regulations
3.
Exemptions
4.
Site Alteration Application Process
5.
Site Alteration Agreement for Large Scale Operations
6.
Permit Issuance
The Corporation of the City of Burlington By-law 64-2014
7.
Expiry, Renewal, Revocation and Transfer of Permits
8.
Inspection
9.
Appeals
10.
Orders and Notices
11.
Offences and Penalties
12.
Permit Fees and Security Requirements
13.
Severability
14.
Effective Dates and Repeal of Predecessor By-laws
Schedule "A"-
Site Alteration Permit Screening Information and Application for a Site Alteration
Permit
Schedule "B"-
Site Alteration Permit Fees
Schedule "C"-
Designated Inspectors and Enforcement Officers
Schedule "D"-
Additional Site Design Guidelines
Schedule "E"-
Property Owner's Acknowledgement and Acceptance
Schedule "F"-
Full and Final Release
Schedule "G"-
Lot Grading Design and Drawing Requirements
1.
Definitions, Legislation, Regulations, Policies and Reference Documents
1.01 Definitions
In this By-law:
1.01.01 "Adjacent Lands" means any lot, block, section or parcel of property owned by a
person, other than the applicant, that shares a property boundary with the applicant;
1.01.02 "Agreement" means a legal agreement between the property owner and the City;
1.01.03 "Agricultural Lands" means all lands that are intended for use of farming as registered
under Farm Registration and Farm Organizations Funding Act, 1993, S.O. 1993, c.21
as amended, for growing crops, including nursery and horticultural crops; raising
livestock; raising of other animals for the use of food, fur or fibre, including poultry and
fish, aquaculture, apiaries, agro-forestry and maple syrup production;
1.01.04 "Areas of Natural and Scientific Interest (ANSI)" means areas of land and water
containing natural landscapes or features that have been identified as having life
science or earth science values related to protection, scientific study or education;
The Corporation of the City of Burlington By-law 64-2014
1.01.05 "Body of Water" includes any bodies of flowing or standing water, whether naturally or
artificially created;
1.01.06 "Calculated Site Alteration Volume" means the sum of both the fill operation and the
cut operation being undertaken on the site alteration property;
1.01.07 "City" means the Corporation of the City of Burlington;
1.01.08 "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 grade of the land;
1.01.09 "Commercial Fill Operation" means the placing or dumping of fill involving
remuneration paid, or any other form of consideration provided, to the owner or
occupier of the land, whether or not the remuneration or consideration provided to the
owner is the sole reason for the placing or dumping of the fill;
1.01.10 "Commercial Lands" means all lands that are intended for use of businesses in retail,
restaurants, parking facilities, office uses, hospitality, automotive, entertainment and
recreation.
1.01.11 "Complete Application" means an application including the contents in accordance
with Section 4 of this By-law, to the satisfaction of the Director;
1.01.12 "Construction Site Control Measures" means erosion and siltation controls for
construction, imposed by the Director under this By-law;
1.01.13 "Contaminants of Concern" means:
(a) one or more contaminants found on, in or under a property at a concentration that
Soil, Ground Water and Sediment Standards for use under Part XV.1 of the
Environmental Protection Act (EPA), as applicable in accordance with Ontario
Regulation 153/04 made under the EPA, or Site Specific Standards derived by a Risk
Assessment, or
(b) one or more contaminants found on, in or under a property for which no applicable
site condition standard is prescribed under Site Condition Standards and Risk
Assessment of the EPA and which are associated with potentially contaminating
activity;
1.01.14 "Control Plan" is a drawing or drawings and written summary, in accordance with
Section 4, that describes what and how the site alteration is to be constructed, to
achieve the acceptable end result.
1.01.15 "Council" means the Council of The Corporation of the City of Burlington;
1.01.16 "Crops" means a cultivated plant, fungus or algae that is grown and harvested for
food, clothing, livestock fodder, biofuel, medicine, or other uses;
1.01.17 "Cut" and "Cutting" means to remove by digging, scraping or scooping.
The Corporation of the City of Burlington By-law 64-2014
1.01.18 "Date of Consideration of the application" means the date determined by the Director
that is confirmed in writing to be the date upon which the Director determined that a
permit is required for site alterations to be undertaken and that a permit could be
issued pursuant to this By-law;
1.01.19 "Development" means the construction of buildings and above or underground
services such as roads, parking lots, paved storage areas, watermains, storm and
sanitary sewers, utilities, general grading works and similar facilities on any lands in
the City;
1.01.20 "Director" and "Director of Engineering" means the Executive Director of Capital
Works for The Corporation of the City of Burlington and shall include any person
authorized by the Executive Director to carry out any of the powers or duties of the
Executive Director pursuant to this By-Law;
1.01.21 "Ditch" means a narrow channel dug in the ground, typically used for drainage
alongside a road or the edge of a field;
1.01.22 "Drainage" means the movement of water to a place of disposal, whether by way of
the natural characteristics of the ground surface or by artificial means;
1.01.23 "Drainage Work" means the implementation of a system intended for the control of
water flow;
1.01.24 "Drainage System" includes areas of land surface that contribute water flow to a
particular point.
1.01.25 "Dump", "Dumped" and "Dumping" means the movement and depositing of fill in a
location other than where the fill originated;
1.01.26 "Electronic Tracking Technology" means an electronic device similar to a geographic
positioning system (GPS) that is attached to a vehicle, allowing their whereabouts to
be monitored and downloaded;
1.10.27 "Environmentally Sensitive Area (ESA)" refers to Environmentally Sensitive Areas
identified in the Halton Region Environmentally Sensitive Areas Consolidation Report
dated April 2005, as amended.
1.01.28 "Erosion" means the detachment and movement of soil, sediment or rock fragments
by water, wind, ice or gravity;
1.01.29 "Excavation" means to remove by digging, scraping or scooping out;
1.01.30 "Federal work or undertaking" means any work or undertaking that is within the
legislative authority of Parliament;
1.01.31 "Fill" means any type of material capable of being removed from or deposited on
lands, including topsoil;
1.01.32 "Flooding" means a large amount of water covering an area of land that is usually dry;
The Corporation of the City of Burlington By-law 64-2014
1.01.33 "Grade" means the elevation of the ground surface and shall be more particularly
defined as follows:
1.01.33.01 "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 that where such activity has
occurred in contravention of this By-law, existing grade shall mean the
ground surface of such lands as existed prior to the said activity
requiring a permit under this By-law;
1.01.33.02 "Proposed Grade" means the proposed finished elevation of ground
surface after fill is dumped or placed, the grade altered or topsoil
removed; and
1.01.33.03 "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.
1.01.34 "Industrial Lands" means all lands that are intended for use of assembling, fabricating,
manufacturing, processing, warehousing and distribution uses, repair activities,
communications, utilities, transportation, storage, service trades and construction
uses.
1.01.35 "Inspector" means any person designated by this or any other By-law of the City as an
inspector for the purposes of this By-law, and such inspectors are so designated
pursuant to Schedule "C" of this By-law;
1.01.36 "Institutional Lands" means all lands that are intended for use of a service agency,
service club, church, school, hospital or non-profit organization for social, cultural,
religious, welfare, athletic or recreational purposes and that may include such facilities
as youth clubs and seniors centres.
1.01.37 "Local Board" means an administrative body acting on a municipal level. Each board
is generally concerned with the recognition of the health, needs of the people and the
coordination of projects and resources to meet and identify these needs. (Burlington
local boards include but are not limited to: Burlington Public Library, Museums of
Burlington, Burlington Art Centre, Burlington Performing Arts Centre, Tourism
Burlington, Burlington Economic Development Committee, Heritage Burlington
Advisory Committee, Burlington Mundialization Committee, Sound of Music, Inclusivity
Advisory Committee, Burlington Seniors' Advisory Committee, Burlington Sustainable
Development Committee, Burlington Accessibility Advisory Committee, Burlington
Cycling Advisory Committee, Burlington's Best Committee and the Downtown Parking
Advisory Committee)
1.01.38 "Lot" means a parcel of land, described in a deed or other document legally capable
of being conveyed, or shown as a block on a registered plan of subdivision;
1.01.39 "Municipality" means a city, town or village incorporated for local self-government;
The Corporation of the City of Burlington By-law 64-2014
1.01.40 "Normal Farming Practices", as defined in the Farming and Food Production
Protection Act, 1998, means a practice that:
(a) 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
(b) makes use of innovative technology in a manner consistent with proper advanced
farm management practices;
1.01.41 "Owner" includes any person, partnership, organization or corporation who or which is
the registered owner of, or controls, maintains or occupies lands;
1.01.42 "Permit" means a Site Alteration Permit issued pursuant to this By-law;
1.01.43 "Person" means an individual, property owner, multiple persons, partnership or
corporation;
1.01.44 "Place", "Placed" and "Placing" means the distribution of fill on lands to establish a
finished grade higher than the originally existing grade;
1.01.45 "Ponding" means the accumulation of surface water in an area not having drainage
there from which the lack of drainage could have been caused by the placing or
dumping of fill, altering of grade or removing of fill;
1.01.46 "Qualified Person" means a licensed professional as stated in the EPA Section 168.1
and further described at length in Part II of O. Reg. 153/04;
1.01.47 "Qualified Tree Consultant" means an arborist certified by the International Society of
Arboriculture who has a diploma (minimum) in arboriculture or urban forestry;
1.01.48 "Receiving Site" means the property where excess soil is transported to;
1.01.49 "Removal" means the moving of fill off of an existing property;
1.01.50 "Retaining Wall" means a wall designed to contact and support fill which has a
finished grade higher than that of adjacent lands;
1.01.51 "Rural Lands" are those which are outside the urban growth boundary and are:
(a) non-urban agricultural, forest or open space lands; or
(b) other lands suitable for sparse settlement, small farms or home sites with minimal
public services and which are not suitable, necessary or intended for urban use.
1.01.52 "Security" means a certified cheque, cash or an irrevocable Letter of Credit in a form
acceptable to the Director;
1.01.53 "Site" means the lands which are the subject of an application for a Site Alteration
Permit pursuant to this By-law;
The Corporation of the City of Burlington By-law 64-2014
1.01.54 "Site Control Measures" means erosion and siltation control measures imposed by the
Director pursuant to this By-law;
1.01.55 "Site Alteration" means placing, dumping, cutting or removal of fill from land or the
alteration of the grade of land by any means including placing, dumping, cutting or
removal of fill, clearing and grubbing, the compaction of soil or the creation of
impervious surfaces, or any combination of these activities;
1.01.56 "Soil" means material commonly known as earth, topsoil, loam, subsoil, clay, sand or
gravel;
1.01.57 "Source Site" means the property where soil is excavated from;
1.01.58 "Storm Sewer" means a sewer for the collection and transmission of uncontaminated
water, storm water, drainage from land or from a watercourse or any combination
thereof under City roads and on City property;
1.01.59 "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;
1.01.60 "Temporary Storage" means storage of fill material for a period of 6 months or less;
1.01.61 "Topsoil" means the upper, outermost layer of soil, usually the top 5 - 20 cm,
containing organic material and includes deposits of partially decomposed organic
matter such as peat;
1.01.62 "Tree Removal" means digging up, cutting down, bulldozing, pulling down or any other
method required to remove a tree;
1.01.63 "Vegetation" means trees, shrubs or other plant life found within a defined geographic
location;
1.01.64 "Watercourse" means an identifiable depression, channel, or ditch either natural or
artificial, in which the flow of water occurs either continuously or intermittently;
1.01.65 "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. Periodically soaked or
wet lands being used for agricultural purposes, which no longer exhibit wetland
characteristics, are not considered to be wetlands for the purposes of this definition;
1.01.66 "Wildlife" means all wild mammals, birds, reptiles, amphibians, fish, invertebrates,
plants fungi, algae, bacteria and other wild organisms.
1.02 Legislation, Regulations, Policies and Reference Documents
The following list of Acts, regulations, policies and reference documents are referred to in this By-law:
The Corporation of the City of Burlington By-law 64-2014
1.02.01 "Aeronautics Act" means the federal "Aeronautics Act" R.S.C., 1985, c.A-2, as
amended;
1.02.02 "Aggregate Resources Act" means the Aggregate Resources Act, R.S.O. 1990, c.A.8,
as amended;
1.02.03 "Conservation Authority" means a corporate body established pursuant to the
provisions of the Conservation Authorities Act, R.S.O. 1990, c.27, as amended;
1.02.04 "Crown Agency Act" means the Crown Agency Act, R.S.O. 1990, c.C.48 as amended;
1.02.05 "Drainage Act" means the Drainage Act, R.S.O. 1990, c.D.17, as amended;
1.02.06 "Endangered Species Act" means the Endangered Species Act R.S.O. 2007, c.6, as
amended;
1.02.07 "Electricity Act" means the Electricity Act, S.O. 1998, c.15, as amended;
1.02.08 "Environmental Protection Act" or "EPA" means the Environmental Protection Act,
R.S.O. 1990, c.E.19, as amended;
1.02.09 "Farming and Food Production Protection Act" means the Farming and Food
Production Protection Act, S.O. 1998, Last amendment: 2006, c. 35, Schedule C,
s. 41;
1.02.10 "Fisheries Act" means the federal Fisheries Act, R.S.C. 1985, c.F-14, as amended;
1.02.11 "Greenbelt Plan" means the plan established for all or part of the Greenbelt Area,
2005, c.1, s. 3 (1), as amended;
1.02.12 "Hamilton Harbour Remedial Action Plan" refers to the Hamilton Harbour Remedial
Action Plan dated October 1992, as amended;
1.02.13 "Migratory Birds Convention Act" means the Migratory Birds Convention Act, 1994
(S.C. 1994, c.22), as amended;
1.02.14 "Management of Excess Soil - A Guide for Best Management Practices" means the
Management of Excess Soil - A Guide for Best Management Practices, MOE
document dated January 2014;
1.02.15 "Mining Act" means the Mining Act, R.S.O. 1990, c.M14, as amended;
1.02.16 "Municipal Act" means the Municipal Act, S.O. 2001, c.25, as amended;
1.02.17 "Municipal Affairs Act" means the Municipal Affairs Act, R.S.O. 1990, c.M46, as
amended;
1.02.18 "Niagara Escarpment Plan" means the plan established for all or part of the Niagara
Escarpment Planning and Development Act, R.S.O. 1991, c.1, as amended;
1.02.19 "Nuisance and Noise Control" By-law 19-2003 of the City of Burlington;
The Corporation of the City of Burlington By-law 64-2014
1.02.20 "Ontario Energy Board Act" means the Ontario Energy Board Act, S.O. 1998, c.15,
Schedule B, as amended;
1.02.21 "Planning Act" means the Ontario Planning Act, R.S.O. 1990, c. P.13, as amended;
1.02.22 "Provincial Policy Statement" means the Ontario Provincial Policy Statement approved
by the Lieutenant Governor in Council, Order in Council No. 107/2014. This Provincial
Policy Statement was issued under section 3 of the Planning Act and came into effect
April 30, 2014. It replaces the Provincial Policy Statement issued March 1, 2005;
1.02.23 "Public Transportation and Highway Improvement Act" means the Transportation and
Highway Improvement Act, R.S.O. 1990, c.P.50, as amended;
1.02.24 "Public Transportation Act" means the Public Transportation Act, 1990, c.P.50, as
amended;
1.02.25 "Soil, Ground Water and Sediment Standards" means the Soil, Ground Water and
Sediment Standards for Use under Part XV.1 of the Environmental Protection Act;
1.02.26 "Tile Drainage Act" means the Tile Drainage Act, R.S.O. 1991, c.T.8, as amended.
2.
General Prohibitions and Regulations
2.01 This By-law applies to the entire City other than those areas which are subject to regulations
made under Section 28(1) of the Conservation Authorities Act.
2.02 No person shall place, dump, cut or remove any fill, or cause or permit the placing, dumping,
cutting or removal of fill on, nor alter or cause or permit the alteration of the grade of any lands
in the City, including any lands which are submerged under any watercourse or other body of
water, or along the Lake Ontario or Burlington Bay shoreline, without having first obtained a
Site Alteration Permit issued by the Director, unless this By-law states it does not apply or that
such a Permit is not required.
2.03 Where a person has placed, dumped, cut or removed fill or altered the grades or drainage on
any lands in the City without having first obtained a Permit where a Permit is required, all
operations shall cease, immediately stabilize the site and that person shall apply for a Site
Alteration Permit pursuant to this By-law and shall be subject to fines and permit fees as per
Sections 11 and 12, unless this By-law states it does not apply or that such a Permit is not
required.
2.04 Notwithstanding any other provision of this By-law, the Director shall not issue a Permit under
this By-law with respect to lands in the City of Burlington defined and designated as an
Environmentally Sensitive Area by the City's Official Plan without the approval of Council.
2.05 Notwithstanding any other provision of this By-law, the Director shall not issue a Permit under
this By-law with respect to lands in the City of Burlington defined and designated as areas
under the jurisdiction of Conservation Halton pursuant to Ontario Regulation 162/06, without
the approval of Conservation Halton.
2.06 No person shall fail to comply with an Order issued pursuant to Section 10 of this By-law.
The Corporation of the City of Burlington By-law 64-2014
2.07 No person shall cause, permit or perform a site alteration on any lands zoned in the City of
Burlington Zoning By-law as Environmental Protection (EP) Zone or Environmental Protection
Exception Zone unless such site alteration is directly associated with a building permit issued
by the Corporation or any other development agreement with the Corporation, or unless such
site alteration is directly associated with activities described in Section 3.04 of this By-law.
2.08 No person shall cause, permit or perform a site alteration on lands that are subject to an
approved Site Plan, Draft Plan of Subdivision, Secondary Plan or a Consent under Sections
41, 51 or 53 respectively of the Planning Act, as amended, without an approved Draft Plan of
Subdivision, Secondary Plan, Preservicing Agreement, Site Plan Agreement or Consent
Agreement entered into under those sections. If none of the above agreements have been
executed, a Site Alteration Permit is required.
2.09 No person, in the performance of a site alteration, shall injure or destroy a municipal tree or
other tree which is subject to tree protection measures as a condition of a Permit issued
under this By-law, except to the extent that such injury or destruction is specifically
authorized in writing in accordance with the following that may be amended or replaced:
2.09.01 the provisions of this By-law;
2.09.02 the Urban Forest Management Plan (UFMP), approved by Council in July 2010;
2.09.03 the Public Tree By-Law 68-2013;
2.09.04 the Woodlot, Tree Preservation, Protection, Replacement and Enhancement Policy
adopted pursuant to By-law No. 45-2007; and
2.09.05 any other applicable By-laws of the City or Halton Region for the protection of trees.
2.10 No person shall place or dump fill or cause or permit fill to be placed or dumped unless such fill
complies with the applicable Soil, Ground Water 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", as required by the Director.
2.11 No person shall undertake site alteration or cause site alteration to occur on any land for
temporary storage purposes where the quantity of fill is in excess of 500 m³, without first
having obtained a Permit.
2.12 No person shall perform a site alteration on any land unless it is done at the request of or with
the prior written consent of the owner of the land where the site alteration is to occur.
2.13 No person shall remove topsoil for sale or exchange without first having obtained a Permit.
2.14 Site alterations shall:
2.14.01 not be performed between the hours of 7:00 pm and 7:00 am without the prior written
consent of the Director;
2.14.02 not be performed during any period in which a wind warning for the area has been
issued by Environment Canada, as confirmed in writing and provided to the permit
holder by the Director;
The Corporation of the City of Burlington By-law 64-2014
2.14.03 not be performed during any period in which a smog advisory for the area has been
issued by the Ministry of the Environment, as confirmed in writing and provided to the
permit holder by the Director;
2.14.04 not be performed during or within 24 hours of receiving 15 mm or more of precipitation
within a 24 hour period, as confirmed in writing and provided to the permit holder by
the Director;
2.14.05 comply with the Nuisance and Noise Control By-law 19-2003 of the City of Burlington,
as amended;
2.15 Environmental soil testing reports shall be provided, to the satisfaction of the Director, for all
site alterations, unless stated otherwise in writing by the Director. Soil tests shall indicate
whether the soil complies with the applicable standards in the Soil, Ground Water and
Sediment Standards.
3.
Exemptions
Municipalities and Local Boards
3.01 The provisions of this By-law do not apply to:
3.01.01 the City, when undertaking works on City owned lands or easements in favour of the
City or when undertaking works on any other lands in which the City may have an
interest.
3.01.02 activities or matters undertaken by the City or a Local Board of the City on lands
owned by the City or Local Board.
3.01.03 emergency measures taken by the City, Halton Region or any other Federal,
Provincial or Regional agency, to prevent flooding, erosion, slipping of soil or damage
to trees.
3.01.04 the placing of fill carried out on private property by the City or a Local Board as
defined in the Municipal Affairs Act or any successor legislation thereto, in compliance
with Subsection 3.02.
3.02 The owner of private property referred to in 3.01.04 shall submit, to the Director, an original
signed copy of Schedule "F" - Full and Final Release. Additionally, if requested by the
Director, a proposed grading plan shall be submitted to the Director for review and approval.
Federal and Provincial Regulations
3.03 The provisions of this By-law do not apply to the site where the site alteration takes place:
3.03.01 if an application is made under Section 28 of the Conservation Authorities Act,
respecting the placing, dumping, cutting or removal of fill or the alteration of the grade
of land in any area of the City. This By-law is of no effect in respect of that area
provided relevant Conservation Halton approvals have been obtained and submitted
to the Director.
The Corporation of the City of Burlington By-law 64-2014
3.03.02 if an application is made under the Niagara Escarpment Plan, respecting the placing,
dumping, cutting or removal of fill or the alteration of the grade of land in any area of
the City. This By-law is of no effect provided relevant Niagara Escarpment
Commission (NEC) approvals have been obtained and submitted to the Director.
3.03.03 if the construction, extension, alteration, maintenance or operation of works is
performed under Section 26 of the Public Transportation and Highway Improvement
Act, as amended.
3.03.04 if the placing, dumping, cutting or removal of fill or alteration of the grade of land is
undertaken by a transmitter or distributor, as those terms are defined in Section 2 of
the Electricity Act, for the purpose of constructing and maintaining a transmission
system or a distribution system as those terms are defined in that section.
3.03.05 if the placing, dumping, cutting or removal of fill or alteration of the grade of land is
undertaken on land in order to lawfully establish, operate or enlarge any pit or quarry
on land provided:
3.03.05.01 the property has been licenced as a pit or quarry under the Aggregate
Resources Act or a predecessor of that Act; and
3.03.05.02 that the pit or quarry is a permitted land use under a By-law passed
under Section 34 of the Planning Act.
3.03.06 if any rehabilitation or filling activity in a pit or quarry licenced is performed under the
Aggregate Resources Act and specifically addressed on an approved pit or quarry site
plan when there is insufficient overburden retained to rehabilitate such pit or quarry in
accordance with that Act.
3.03.07 if the placing, dumping, cutting or removal of fill or the alteration of grade is carried out
as an authorized part of construction or operations as identified by:
3.03.07.01 the Mining Act, R.S.O. 1990, c.M14 as amended, or any successor
legislation thereto;
3.03.07.02 the Ontario Energy Board Act, S.O. 1998, c.15, Schedule B as amended
or any successor legislation thereto;
3.03.07.03 a Crown agency as defined in the Crown Agency Act, R.S.O. 1990, c.C.48
as amended or any successor legislation thereto;
3.03.07.04 Section 26 of the Public Transportation Act, 1990, c.P.50, as amended;
3.03.07.05 a 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 applying the By-law to the undertaking.
3.03.08 if the placing, dumping, cutting or removal of fill or alteration of grade is permitted as
part of the use, operation or construction of a waste management system or waste
disposal site authorized or approved under Part V of the Environmental Protection Act,
R.S.O. 1990, c.E.19 or its regulations, as amended.
The Corporation of the City of Burlington By-law 64-2014
Other Development Applications Submitted to the City
3.04 The provisions of this By-law do not apply to:
3.04.01 the placing, dumping, cutting or removal of fill, or alteration of the grade of land
imposed after December 31, 2002 as a condition of an approved Site Plan, Draft Plan
of Subdivision or a Consent under Sections 41, 51 or 53 respectively, of the Planning
Act or as requirement of a Site Plan Agreement or Subdivision Agreement entered into
under those sections.
3.04.02 the placing, dumping, cutting or removal of fill, or alteration of the grade of land
imposed after December 31, 2002 as a condition of 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.
3.04.03 the placing, dumping, cutting or removal of fill, or alteration of the grade of land for the
purpose of flood or erosion control to establish finished grades shown on a grading
and drainage plan approved by Conservation Halton or by the City in conjunction with
an approved Subdivision Agreement or Site Plan.
3.04.04 the placing or dumping of fill in an excavation, following the demolition or removal of a
building or structure, for which a building permit has been issued provided the filling is
limited to 3 m outside the previously existing building perimeter and the finished grade
is the same as the previously existing grade at that building perimeter.
Utilities and Other Services
3.05 The provisions of this By-law do not apply to:
3.05.01 the placing, dumping, cutting or removal of fill or alteration of grade as an incidental
part of any construction of any form of underground services where the fill is removed
and held for subsequent backfill replacement.
Agricultural Rural Area
3.06 The provisions of this By-law do not apply to:
3.06.01 the placing, dumping, cutting or removal of fill or alteration of the grade of land as an
incidental part of any drain construction under the Drainage Act or the Tile Drainage
Act.
3.06.02 the placing, dumping, cutting or removal of fill as an incidental part of normal farming
practices including:
3.06.02.01 the placing, dumping, cutting or removal of fill as an incidental part of sod-
farming, tree farming, greenhouse operations and nurseries for
horticultural products and
3.06.02.02 the placing or dumping of imported fill material (to a maximum one-time
event of 500 m³) for the purpose of improving site drainage and/or
improving soil quality, provided no adverse effects result.
The Corporation of the City of Burlington By-law 64-2014
3.06.02.03 the temporary stockpiling of fill material for use in normal farming
practices.
3.06.03 the dredging of existing ponds on properties within the Agricultural Rural Area,
provided the surface area of the pond is not increased and the pond depth is not
increased beyond its original depth. Where possible, the spoil material should be
worked into adjacent fields without changing drainage patterns, avoiding piles or
berms of dredged material being created adjacent to the pond.
3.06.04 the top-dressing of existing granular driveways, roads, farm field access roads or
parking areas with imported granular material (including native granular, recycled
aggregate, recycled asphalt or recycled concrete), provided the previously existing
grades are being reinstated.
3.07 A Site Alteration Permit is not required on any land designated Agricultural Rural Area within
the City, as designated in the City's Official Plan, where the fill placed, dumped, cut or
removed on any one lot is in accordance with 3.06.02, provided the following requirements are
met:
3.07.01 if required by the Director, provide environmental soil test results of the fill material,
soil permeability test results for the receiving site existing soil and fill material, and
receive approval from the Director that these results are acceptable prior to performing
site alterations;
3.07.02 the placement, dumping, cutting or removal of fill is not within 5 m of the property lines
and does not obstruct the flow of water in a watercourse, ditch or swale or sheet flow
across property lines;
3.07.03 the placement, dumping, cutting or removal of fill does not cause water normally
contained on the lot to drain off site; and
3.07.04 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, rubber,
metals, termites, liquid other than water, concrete, asphalt, garbage or contaminants
exceeding applicable Site Condition Standards.
Residential Area
3.08 The provisions of this By-law do not apply to:
3.08.01 the placing, dumping, cutting or removal of soil on lands for the purpose of lawn
dressing, landscaping or adding to flower beds or vegetable gardens, provided that the
ground elevation of the lands is not increased by more than 0.15 m and there is no
significant change in the direction or rate of drainage to or from neighbouring
properties. Such alteration shall not take place within 0.5 m of any property line. Such
placing of soil shall not in any consecutive 3 month period exceed 10 m³.
3.08.02 the construction of walkways along sideyards, adjacent to the dwelling or garage, with
no altering of grades, drainage patterns or drainage within 0.5 m of property line.
The Corporation of the City of Burlington By-law 64-2014
3.08.03 the top-dressing of existing granular driveways, roads or parking areas with imported
granular material (including native granular, recycled aggregate, recycled asphalt or
recycled concrete), provided the previously existing grades are being reinstated.
3.09 A Site Alteration Permit is not required on any land designated for residential use within the
urban area of the City, as designated in the City's Urban Official Plan, where the quantity of fill
or topsoil placed, dumped, cut or removed on any one lot does not in any consecutive 3 month
period exceed 10 m³, provided the following requirements are met:
3.09.01 the placement, dumping, cutting or removal of fill does not obstruct the flow of water in
a watercourse, ditch or swale or sheet flow across property lines;
3.09.02 the placement, dumping, cutting or removal of fill does not cause water normally
contained on the lot to drain off site; and
3.09.03 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, rubber,
metals, termites, liquid other than water, concrete, asphalt, garbage or contaminants
exceeding applicable Site Condition Standards .
Industrial, Commercial & Institutional Lands
3.10 The provisions of this By-law do not apply to:
3.10.01 the placing, dumping, cutting or removal of soil on lands for the purpose of lawn
dressing, landscaping or adding to flower beds or vegetable gardens, provided that
the ground elevation of the lands is not increased by more than 0.15 m and there is
no significant change in the direction or rate of drainage to or from neighbouring
properties. Such alteration shall not take place within 0.5 m of any property line.
Such placing of soil shall not in any consecutive 3 month period exceed 10 m³.
3.10.02 the placing, dumping, cutting or removal of fill or alteration of grade that is part of the
stockpiling and use of fill, loam or topsoil for commercial landscaping purposes where
such use is in conformance with the applicable zoning and land use By-laws of the
City as well as Conservation Halton and NEC policies
3.10.03 the stockpiling of recycled aggregate, asphalt or concrete as part of a contractor
stockpile, provided the location is in compliance with the applicable zoning and land
use By-laws, Conservation Halton regulations and NEC policies;
3.10.04 the top-dressing of existing granular driveways, roads or parking areas with imported
granular material (including native granular, recycled aggregate, recycled asphalt or
recycled concrete), provided the previously existing grades are being reinstated.
3.11 A Site Alteration Permit is not required on any Industrial lands, Commercial lands or
Institutional lands as defined in this By-law, where the quantity of fill placed, dumped, cut or
removed on any one lot does not in any consecutive 3 month period exceed 10 m³, provided
the following requirements are met:
3.11.01 the placement, dumping, cutting or removal of fill does not obstruct the flow of water in
a watercourse, ditch or swale or sheet flow across property lines;
The Corporation of the City of Burlington By-law 64-2014
3.11.02 the placement, dumping, cutting or removal of fill does not cause water normally
contained on the lot to drain off site; and
3.11.03 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, rubber,
metals, termites, liquid other than water, concrete, asphalt, garbage or contaminants
exceeding applicable Site Condition Standards.
4.
Site Alteration Application Process
Pre-consultation
4.01 An applicant or owner applying for a Permit shall have a pre-consultation meeting with the
Director and any other persons or agencies that the Director determines necessary to review
the proposal to determine if a Permit is required and if a Permit can be issued pursuant to this
By-law.
4.02 If the site alteration includes a calculated site alteration volume of less than 5000 m³, the
applicant shall prepare a "Notice of the Application", in the form and content required by the
Director, and the applicant shall post the notice on such suitable frontages to the property as
determined by the Director, at the applicant's expense, and in a manner so that the notice is
visible to passers-by for a period of not less than 14 days starting on the date on which the
Director indicates is the Date of Consideration of the application.
4.03 If the site alteration includes a calculated site alteration volume greater than 5000 m³, the
Director shall confirm the Date of Consideration of the application, arrange for posting the
notice on the frontage of subject site and a Notice of the Application to be mailed, at the
applicant's expense, to adjacent property owners within 150 m of the subject property where
the subject property is either in Urban Areas or Rural Settlement Areas (both of which areas
are as identified in the City of Burlington Official Plan) or in the case where the subject property
is not found in either of those two areas, the notices shall be mailed out to the adjacent
property owners within 600 m of the subject property.
Site Alteration Application Form
4.04 An owner or applicant applying for a Site Alteration Permit shall submit the following to the
Director:
4.04.01 a completed "Application for a Site Alteration Permit" form, included in Schedule "A",
appended to this By-law, which said form may be amended from time to time by the
Director and shall include the following information:
4.04.01.01 the municipal address of the land on which the fill is to be placed, dumped,
cut or removed or other site alteration is to occur and the property size;
4.04.01.02 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
acknowledgement and written acceptance of the fill material being
transported to his/her property, using the template appended in
Schedule "E";
The Corporation of the City of Burlington By-law 64-2014
4.04.01.03 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;
4.04.01.04 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;
4.04.01.05 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;
4.04.01.06 work schedule for the proposed site alteration works within the 1 year
permit period;
4.04.01.07 a brief description of the proposed works that have been identified on the
Control Plan, as specified in Sections 4.04;
4.04.01.08 a brief description of the fill being placed or dumped;
4.04.01.09 all source location(s) of the fill being placed or dumped including
environmental soil tests and soil permeability tests if required by the
Director;
4.04.01.10 a copy of the NEC Development Permit, if the subject property is within
regulated lands of the NEC and if a Development Permit has been obtained
from the NEC;
4.04.01.11 a copy of the Conservation Halton (CH) Permit, if the subject property is
within CH regulated lands and if a permit has been obtained from CH;
4.04.01.12 confirmation of any Environmentally Sensitive Areas or wetlands on or near
the subject property;
4.04.01.13 confirmation of any endangered or threatened species on the subject
property;
4.04.01.14 a signed authorization by the owner of the land, on which the work is to be
performed, certifying the agent to act on his behalf in the application
process and the performance of the site alteration work.
Control Plan Requirements
4.04.02 a Control Plan, as required by and to the satisfaction of the Director, is to be submitted
as part of the Site Alteration Permit application, pursuant to this By-law. The Control
Plan shall include the following:
4.04.02.01 a key plan showing the location of the site and a minimum of 30 meters
beyond the site;
4.04.02.02 the scale of the drawing;
The Corporation of the City of Burlington By-law 64-2014
4.04.02.03 property lines of the lands where the proposed site alterations are to be
undertaken, including dimensions and the number of hectares of the site;
4.04.02.04 the location, dimensions, elevations and use of buildings and other
structures existing or proposed to be erected on the site;
4.04.02.05 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;
4.04.02.06 detailed locations, including dimensions, identifying the proposed locations
for the placement of fill on the lands;
4.04.02.07 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 Director if:
(a) erosion on adjacent lands may occur as a result of the work which is the
subject of the Permit; and/or
(b) 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.
4.04.02.08 for a calculated site alteration volume of less than 5000 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;
4.04.02.09 for a calculated site alteration volume of greater than 5000 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 the property lines to clearly show the detailed existing
topography of the property and the adjacent lands;
4.04.02.10 the location of Environmentally Sensitive Areas, lakes, streams, channels,
ditches, swales, water courses and other bodies of water on the site and
15 m beyond the property lines for sites less than 0.2 ha, and 30 m beyond
the property lines for sites greater than 0.2 ha;
4.04.02.11 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
15 m beyond the property lines for less than 0.2 ha and 30 m beyond the
property lines for sites greater than 0.2 ha;
4.04.02.12 the location and dimensions of utilities, roads and highways;
4.04.02.13 the location, diameter, species and drip line of all trees with a caliper
measuring 75 mm or greater at breast height, all other vegetation and field
The Corporation of the City of Burlington By-law 64-2014
crops are to be identified in masses showing the outline of the canopy or
vegetation limit created by the massing;
4.04.02.14 all existing vegetation 3 m beyond the property lines including City trees,
individually locating all trees with a caliper measuring 75 mm or greater at
breast height. All other vegetation to be identified in masses showing
outline of canopy or vegetation limit created by the massing;
4.04.02.15 the location and description of the predominant soil types;
4.04.02.16 the location and dimensions, of all temporary soil or fill stockpiles;
4.04.02.17 the location, dimensions, height and slopes of any proposed berms;
4.04.02.18 the proposed final elevations of the site alteration works;
4.04.02.19 the location and dimensions of all proposed land disturbances;
4.04.02.20 the location of all wetlands, floodplains, shoreline, top of bank features and
approximate regulation limits as required by Conservation Halton;
4.04.02.21 the location, dimensions, design, 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;
4.04.02.22 a schedule of the anticipated start and completion dates for each land
disturbances including the installation of construction site control measures
needed to meet the requirements of this By-law;
4.04.02.23 details regarding the provisions for regular maintenance of the site control
measures during site alteration activities;
4.04.02.24 all tree protection measures for the site alterations;
4.04.02.25 all proposed ground covering to be used for site restoration, including seed
mix if grass, upon completion of the site alterations;
4.04.02.26 specific details regarding trucking to and from the site, including the routes
to be used and the times these routes will be used as per Section 4.08;
4.04.02.27 the location of wetlands within 120 m of the property; and
4.04.02.28 all other site design requirements as detailed in "Schedule D" - Additional
Site Design Guidelines.
4.04.02.29 a stamped, signed certificate as detailed in Schedule "G" - Lot Grading
Design & Requirements, as appended to this By-law;
4.04.03 securities to ensure the Owner's obligations according to a Site Alteration Permit shall
be in accordance with Section 12 of this By-law;
The Corporation of the City of Burlington By-law 64-2014
4.04.04 the prescribed fees for a Site Alteration Permit shall be in accordance with Schedule
"B", appended to this Bylaw;
4.04.05 following the completion of the site alteration works, it is the responsibility of the
Professional Engineer or Ontario Land Surveyor, who prepared the original Control
Plan and completed the certificate on the Control Plan, to visit the site and record the
required elevations to verify that the grading has been completed in accordance with
the Control Plan submitted and that the finished project does not detrimentally affect
drainage on adjacent properties. This shall be provided in the form of an "As-
Constructed" Control Plan to the Capital Works Department, after which a release of
the securities held by the City can be arranged, if to the satisfaction of the Director.
4.05 Notwithstanding any other provisions of this By-law, the Director may at his or her sole
discretion, waive certain requirements of the Control Plan, after taking into consideration the
proposed works, the anticipated impacts to the site, adjacent properties and the surrounding
environment.
Supporting Documentation Requirements
4.06 A person applying for a Site Alteration Permit shall submit the following, if required by the
Director:
4.06.01 any other study, report, plan, drawing or material related to the application, as deemed
necessary by the Director, to constitute a Complete Application:
4.06.02 a complete copy of the NEC approved permit for the proposed site alteration works;
4.06.03 a complete copy of the Conservation Halton permit or Letter of Permission for the
proposed site alteration works;
4.06.04 Phase I, Phase II and/or other Environmental Site Assessment reports;
4.06.05 detailed plans including but not limited to a Soil Management Plan, Fill Management
Plan, Traffic and Transportation Management Plan and an environmental soil testing
plan, all prepared and certified by a Qualified Person, in accordance with the
"Management of Excess Soil - A Guide for Best Management Practices";
4.06.06 certification that the fill contains no contaminates within the meaning of the
Environmental Protection Act or certification from a Qualified Person that no adverse
effects will result from the site alteration;
4.06.07 a letter which forever releases and indemnifies the City with respect to any and all
liability which may arise in the event that site alteration fill contains contaminants of
concern within the meaning of the Environmental Protection Act.
4.06.08 a signed authorization of a grantee(s) of any easements within the property accepting
the placing or dumping of fill or other site alteration on or abutting any easements;
4.06.09 a report by a Qualified Person of any significant archaeological features on the site, in
the areas affected by the site alteration.
The Corporation of the City of Burlington By-law 64-2014
4.07 The plans and certification required in 4.06.05 and 4.06.06 as well as the release and
indemnity required in 4.06.07 shall be in a format acceptable to the Director.
Hauling Information
4.08 Trucking information and hauling routes to and from the site are to be identified as per the
Control Plan requirements, the "Management of Excess Soil - A Guide for Best Management
Practices" and to the satisfaction of the Director. The following shall be required:
4.08.01 a "Load Exemption Permit", if required by the Director;
4.08.02 the full and complete legal name and business name, if different from the legal name,
of each hauler;
4.08.03 the commercial vehicle registration number of each hauler;
4.08.04 the motor vehicle permit number of the motor vehicles owned and operated by each
hauler; and
4.08.05 proof of insurance of each hauler.
4.08.06 daily record of deliveries in a format acceptable to the Director, including:
4.08.06.01 the date of each delivery of fill;
4.08.06.02 the point of origin of each delivery of fill;
4.08.06.03 the placement location of each delivery of fill;
4.08.06.04 the hauling routes;
4.08.06.05 the volume of each delivery of fill;
4.08.06.06 the content of material of each delivery of fill, including fill placement
location; and
4.08.06.07 any other information required by the Director.
4.08.07 Where ever possible, electronic tracking technology is recommended for use by the hauler.
4.09 As a condition of the Site Alteration Permit, the following may be required by the Director:
4.09.01 to restrict the daily volume of truck loads to ensure traffic safety;
4.09.02 to restrict the hours of operation beyond the restrictions found in this By-law.
4.10 Prior to proposing a modification of the haul routes to and from the site, written details of the
proposed changes are to be submitted to the Director for review and approval. Modifications
of haul routes are not to occur unless approved by the Director.
Permit Review
The Corporation of the City of Burlington By-law 64-2014
4.11 In reviewing any application, the Director may seek comments from and/or approvals of other
applications to NEC, CH, Ministry of Natural Resources, Department of Fisheries and Oceans,
Halton Region, adjacent municipalities and any other agencies required. Such comments
and/or approvals shall form part of the complete application review.
Additional Terms and Conditions
4.12 The Director may impose additional terms and conditions or design guidelines upon the
issuance of a Permit. In addition to any other terms and conditions or design guidelines that
may be imposed by the Director, Permits shall be issued subject to the terms and conditions
set out in Sections 5 and 6 of this By-law, unless exempted in writing by the Director.
4.13 The Director may require that the site alteration be completed by a specific date as noted.
4.14 Where multiple site alteration permits are issued on one property, the total calculated site
alteration volume shall be the sum of all permits issued in any consecutive 5 year period.
4.15 In Agricultural and Rural zoned lands, where site alterations permits are being applied for:
4.15.01 all pond applications or site alteration applications greater than 5000 m³, shall be
circulated to the Burlington Agricultural Committee (BAC) for comment prior to a
decision being made by the Director.
4.15.02 a proposed pond with a surface area of a maximum of 1% of the total area to be
irrigated shall have a maximum depth of 3 m with side slopes no steeper than 3:1.
4.15.03 a proposed pond with a surface area larger than 1% of the total area to be irrigated, or
deeper than 3 m, will be reviewed and considered providing a detailed water budget
analysis is prepared and submitted by a Qualified Person, acceptable to the Director.
4.15.04 proposed ponds should be located a suitable distance from a water well or septic tile
bed, acceptable to the Halton Region Health Department.
4.16 Where lands are designated for development uses within the Urban Planning Area Boundary
and within any Draft Plan approved lands in the North Aldershot Planning Area, as detailed in
the City of Burlington Official Plan, application for a Site Alteration Permit can be made in order
to proceed with pre-grading of the site prior to the execution of a development agreement with
the City. The fees paid for the Site Alteration Permit under these circumstances shall be as
detailed in Schedule "B".
4.17 Section 4.16 applies when the site alterations are taking place on the subject site of
Subdivision, Secondary Plan or Site Plan subject to approval pursuant to the Planning Act.
4.18 Upon execution of a Subdivision Agreement, on the same property as an approved Site
Alteration Permit, the Site Alteration Permit shall be terminated and the site alteration fees
which are consistent with those typically contained in the Subdivision Agreement, shall be
credited accordingly to the developer who is executing the Subdivision Agreement, if they are
same person/company. Also, upon execution of a Subdivision Agreement, all securities
received in accordance with the Site Alteration Permit shall be transferred to the Subdivision
Agreement.
The Corporation of the City of Burlington By-law 64-2014
5.
Site Alteration Agreement for Large Scale Operations
5.01 Where the calculated site alteration volume is greater than 5000 m³ or where the resulting
proposed elevation will be greater than 0.5 m above or below the originally existing grades, the
Owner shall, in addition to providing a complete application as detailed in Section 4 of this By-
law, enter into a "Site Alteration Agreement" with the City which shall be registered on title to
the land on which the work is to be performed. Such Site Alteration Agreement shall require
that the Owner:
5.01.01 retain a Qualified Person to prepare a Work Plan that includes the recommendations
of the Ministry of the Environment in the document titled "Management of Excess Soil
- A Guide for Best Management Practices". Such Work Plan shall be to the
satisfaction of the Director and shall include, but is not limited to including the
following:
(i)
Soil Management Plan;
(ii) Fill Management Plan;
(iii) Traffic and Transportation Management Plan;
(iv) Environmental soil testing program for the excess soil,
(v)
Require the testing of the permeability of any fill to be used as part of a site
alteration, to ensure the permeability of the imported fill is equal to or greater
than that of the existing underlying native soil on which the fill is to be placed.
5.01.02 retain a Qualified Person to ensure that the site alteration operations are proceeding in
accordance with engineering and environmental best practices and the established
Work Plan;
5.01.02 retain a Qualified Person to report in writing on a regular basis or as determined by the
Director that the site alteration is in accordance with Subsection 5.01.01 of this By-law;
5.01.03 undertake the site alteration in accordance with the permit;
5.01.04 require that the site alteration be completed by a specified date as noted in the permit;
5.01.05 not contaminate the natural environment and abide by all applicable environmental
laws, policies and regulations;
5.01.06 provide a report from a Qualified Person that he/she is satisfied that the site alteration
will not result in:
5.01.06.01 adverse erosion and environmental impacts on and off-site, as confirmed
in writing by the Qualified Person;
5.01.06.02 blockage of a swale, ditch or watercourse;
5.01.06.03 siltation in a watercourse, wetland or storm sewer;
5.01.06.04 transportation of silt to adjacent, neighbouring or downstream properties;
The Corporation of the City of Burlington By-law 64-2014
5.01.06.05 pollution of a watercourse;
5.01.06.06 flooding or ponding of adjacent lands;
5.01.06.07 flooding or ponding caused by a watercourse overflowing its banks;
5.01.06.08 hindering the orderly development of any lands;
5.01.06.09 detrimental effect on the quality or quantity of water in wells
5.01.06.10 detrimental effect on any trees of a caliper of 75 mm or more located on
the lands;
5.01.06.11 detrimental effect on matters of inherent sensitivity such as, but not limited
to, aquifer recharge, soil permeability, water quality and wildlife habitat;
5.01.06.12 unauthorized injury or destruction of municipal trees or other trees
protected under By-laws of the City of Burlington or Halton Region;
5.01.06.13 injury or destruction of other trees, which in the opinion of the Director,
could reasonably be avoided;
5.01.06.14 a loss of agricultural lands in the Rural Planning Area as defined in
Schedule "C" of the City of Burlington Official Plan;
5.01.06.15 detrimental effect on the natural environment, including but not restricted
to lands designated as Environmentally Sensitive Areas, Lake Ontario
shoreline, Burlington Bay / Hamilton Harbour Shoreline, Niagara
Escarpment and Areas of Natural or Scientific Interest and habitat of
endangered or threatened species as identified and defined by the
Ministry of Natural Resources;
5.01.06.16 detrimental effect within 120 metres of a Provincially Significant Wetland
identified by the Ministry of Natural Resources and wetlands regulated
under Ontario Regulation 162/06;
5.01.06.17 detrimental effect to the growth and/or harvest of fruit, vegetables or other
crops, landscaping and gardens;
5.01.06.18 detrimental effect to natural site lines of adjacent properties;
5.01.06.19 detrimental effect on areas of archaeological significance; and
5.01.06.20 contamination of, or the degradation of the environmental quality of land.
5.01.07 engage an Ontario Land Surveyor to prepare any plans requested by the Director to
identify the extent and location of any fill placed, dumped, cut or removed as part of
the site alteration;
5.01.08 acknowledge that the City may engage, where the City does not have appropriate
expertise, legal, engineering, hydrology, environmental, arborist, landscape or any
other consultant the Director determines is reasonable and necessary in order to
The Corporation of the City of Burlington By-law 64-2014
evaluate studies and/or agreements or to provide assistance to the Director
throughout the site alteration process in which case the costs incurred for such
evaluations shall be charged back to the applicant in addition to the application fees
detailed in Schedule "B";
5.01.09 provide security to be used to remedy any breach of the By-law or permit, according to
Section 12;
5.01.10 indemnify the City for any liability, costs, damages or losses incurred directly or
indirectly caused by the issuance of a Permit and to provide insurance, if deemed
necessary, to the satisfaction of the Director;
5.01.11 hold a public meeting, at the applicant's expense, prior to the issuance of a Permit,
with such conditions regarding notice to the public and other requirements, as may be
determined by the Director.
5.02 Notwithstanding any other provisions of this By-law, the Director may at his or her sole
discretion, waive certain requirements of the Site Alteration Agreement, after taking into
consideration the proposed works, the anticipated impacts to the site, adjacent properties and
the surrounding environment.
6.
Permit Issuance
6.01 A Site Alteration Permit shall be issued where the Director is satisfied that:
6.01.01 the applicant has complied or will comply with all of the requirements of this By-law;
6.01.02 the lands which are the subject of the application are not within a prohibited location
according to Section 2 of this By-law;
6.01.03 the proposed placing, dumping, cutting or removal of fill will not result in:
6.01.03.01 adverse erosion and environmental impacts on and off-site, as confirmed
in writing by the Qualified Person;
6.01.03.02 blockage of a swale, ditch or watercourse;
6.01.03.03 transportation of silt into a watercourse, wetland, natural heritage feature
or system, or storm sewer;
6.01.03.04 transportation of silt to adjacent, neighbouring or downstream properties;
6.01.03.05 pollution of a watercourse;
6.01.03.06 flooding or ponding on adjacent lands;
6.01.03.07 flooding or ponding caused by a watercourse overflowing its banks;
6.01.03.08 hindering the orderly development of any lands;
6.01.03.09 detrimental effect on the quality or quantity of water in wells
The Corporation of the City of Burlington By-law 64-2014
6.01.03.10 detrimental effect on any trees of a caliper of 75 mm or more located on
the lands;
6.01.03.11 detrimental effect on matters of inherent sensitivity such as, but not
limited to, aquifer recharge, soil permeability, water quality and wildlife
habitat;
6.01.03.12 unauthorized injury or destruction of municipal trees or other trees
protected under By-laws of the City of Burlington or Halton Region;
6.01.03.13 injury or destruction of other trees, which in the opinion of the Director,
could reasonably be avoided;
6.01.03.14 a loss of agricultural lands in the Rural Planning Area as defined in
Schedule "C" of the City of Burlington Official Plan;
6.01.03.15 detrimental effect on the natural environment, including but not restricted
to lands designated as Environmentally Sensitive Areas, Lake Ontario
shoreline, Burlington Bay / Hamilton Harbour Shoreline, Niagara
Escarpment and Areas of Natural or Scientific Interest and habitat of
endangered or threatened species as identified and defined by the
Ministry of Natural Resources;
6.01.03.16 detrimental effect within 120 m of a Provincially Significant Wetland
identified by the Ministry of Natural Resources and wetlands regulated
under the Conservation Authorities Act - Ontario Regulation 162/06;
6.01.03.17 detrimental effect to the growth and/or harvest of fruit, vegetables or
other crops, landscaping and gardens;
6.01.03.18 detrimental effect to natural site lines of adjacent properties;
6.01.03.19 detrimental effect on areas of archaeological significance; and
6.01.03.20 contamination of, or the degradation of the environmental quality of land.
6.01.04
the work proposed under the Permit shall not involve contravention of Federal,
Provincial and Municipal Acts, regulations, policies or By-laws where such Acts,
regulations, policies or By-laws require approval. Such approval shall be obtained
and proof submitted or will be obtained and submitted prior to the issuance of the
Permit;
6.01.05
the applicant, if required by the Director, enters into a Site Alteration Agreement as
referred to in Section 5 of this By-law and agrees to perform all of the required
obligations under the agreement prior to the issuance of the Permit;
6.01.06
the location, height and slope of any proposed berm shall be in compliance with this
By-law;
6.01.07
the proposed grades and resulting drainage pattern, the proposed design of any
retaining wall, the type of fill proposed to be used, if any, and the proposed method of
The Corporation of the City of Burlington By-law 64-2014
the placing, dumping, cutting or removal of fill or altering of the grade shall all be in
accordance with good engineering standards and best practices;
6.01.08
the work proposed under the permit shall meet the requirements of the Environmental
Protection Act, and the "Management of Excess Soil - A Guide for Best Management
Practices", to the satisfaction of the Director;
6.01.09
any fill to be used shall include:
6.01.09.01 for industrial and commercial sites, only soil, stone, sod or other material
acceptable to the Director and that such material is clean and free of any
glass, plastics, termites, rubber, metals, liquid, garbage or contaminants
exceeding applicable Site Condition Standards;
6.01.09.02 for all other sites, only soil that is clean and free of any glass, plastics,
rubber, metals, liquid, termites, garbage, concrete, asphalt or
contaminants exceeding applicable Site Condition Standards;
6.01.10
environmental soil testing of fill, as determined by a Qualified Person, is undertaken
prior to its placement upon, or removal from the site, according to the "Management
of Excess Soil - A Guide for Best Management Practices";
6.01.11
the testing referred to in 6.01.10 shall be performed by a certified environmental
laboratory. The owner/applicant will be responsible for all costs associated with the
testing.
6.01.12
the site shall be rehabilitated including replanting, to a condition which is substantially
similar to or improved from the condition of the site prior to the undertaking of the
work which is the subject of the permit, immediately upon completion of site
alteration;
6.01.13
proposed trucking to and from the site shall, where possible, minimize negative
impacts on the public and the municipal infrastructure;
6.02 The Director may engage legal (retained through the City Solicitor), engineering, hydrology,
environmental, arborist, landscape or any other consultant the Director determines necessary
in order to evaluate studies and/or agreements or to provide assistance to the Director
throughout the Site Alteration process, in which the case the costs incurred for such evaluation
shall be charged back to the applicant plus administration charge.
6.03 Where a permit has been issued under this By-law authorizing site alteration on lands, no
person shall undertake or permit site alteration except in accordance with:
6.03.01 the plans, documents and any other information required for the issuing of the permit;
6.03.02 the terms and conditions of the permit;
6.03.03 the conditions of the Site Alteration Agreement entered into with the City as a
condition of obtaining the permit; and
6.03.04 all other provisions of this By-law.
The Corporation of the City of Burlington By-law 64-2014
6.04 Notwithstanding the issuance of a permit pursuant to this By-law, an applicant and/or owner
shall comply with all other applicable legislation.
6.05 Where an owner makes a change to a plan, document, specifications or other information
following the issuance of a Permit, the Director shall require that all work ceases on the site.
An addition payment of up to ½ of the original application fee and submission of revised
drawings is required and such submission shall be approved by the Director prior to the
continuance of any placing, dumping, cutting or removal of fill or alteration of grade. The
amount of securities shall be reviewed and at the discretion of the Director, may be revised;
6.06 As a condition of the issuance of a Permit, the Director may require the applicant and/or owner
to comply with one or more of the following, either prior to or after Permit issuance:
6.06.01 notify the Director in writing within 48 hours of commencing any work;
6.06.02 require that the site alteration be completed by a specific date as noted in the Permit;
6.06.03 permit entry by the Director, inspectors or agents of the Director to carry out
reasonable inspections or to carry out work provided for under this By-law or for an
inspection under an Order issued by the Court under Section 435 and 436 of the
Municipal Act, 2001 as amended, but does not include the requirement to permit entry
to any building;
6.06.04 applicant and/or owner shall request the Director to make inspections at the
commencement and completion of the work and shall request such further inspections
as may be required by the Director or the conditions of the Permit;
6.06.05 construct a retaining wall including a safety fence which does not encroach upon
adjacent lands on which the works is to be performed and conforms to this By-law.
Retaining walls 1 m or higher are subject to a building permit pursuant to the Building
Code Act;
6.06.06 the construction of any retaining wall containing fill placement or dumping of fill and
any other site alteration is conducted in such a manner that no ponding is caused on
adjacent lands and that adequate provision is made to permit proper surface
stormwater drainage;
6.06.07 ensure that the finished grade surface is protected by sod, turf, seeding for grass,
vegetation, asphalt, concrete or other similar means, or combination thereof and where
grass seed is used, prior written approval of the seed mix is required from the Director
prior to seeding;
6.06.08 ensure that fill shall not be placed or dumped around the perimeter of any existing
building to an elevation higher than 150 mm below the top of foundation wall of such
building, unless such building and its foundation walls are raised in a manner
satisfactory to the Director;
6.06.09 ensure that fill placed or dumped to construct a berm shall:
6.06.09.01 not exceed a maximum height of 1 m;
The Corporation of the City of Burlington By-law 64-2014
6.06.09.02 not be located within 20 m of any property line; and
6.06.09.03 have side slopes with grades no greater than 33% (3H to 1V);
6.06.10 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
Director or inspector;
6.06.11 install all tree protection measures required by the approved site alteration plan prior to
commencing any work and maintain these tree protection measures throughout the
entire duration of the work;
6.06.12 install and maintain site control measures as identified in the approved site alteration
plan and the latest guidelines for erosion measures of CH;
6.06.13 ensure that the work which is the subject of the Permit does not soil or otherwise foul
any municipal roads and in the event that this occurs, ensure that the road or roads
effected are cleaned to the satisfaction of the Director within 24 hours of any request
by the Director for such cleaning;
6.06.14 ensure if the site is designated agriculture or rural that the site alteration does not
result in a reduction of the soil fertility of the site;
6.06.15 ensure that all conditions of the Permit issued pursuant to this By-law and any
requirements of this By-law are fulfilled to the satisfaction of the Director.
6.06.16 provide testing of the permeability of any fill to be used as part of a site alteration, to
ensure the permeability of the imported fill is does not adversely affect the existing
underlying native soil.
6.06.17 the applicant/owner shall maintain a copy of the approved Site Alteration Permit on
site.
7.
Expiry, Renewal, Revocation and Transfer of Permits
Expiry
7.01 Any permit issued pursuant to this By-law, shall be valid for a period of 1 year from the date of
issuance unless noted otherwise.
Extension or Renewal
7.02 A permit which has expired may be renewed by the Director within a period of six months from
the date of expiry upon the submission of a written request to the Director accompanied by a
payment of one-half of the original Application Fee, provided that the proposed work which was
the subject of the Permit has not been revised. 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.
Revocation
7.03 The Director may revoke the permit for the following reasons:
The Corporation of the City of Burlington By-law 64-2014
7.03.01 it was obtained on mistaken, false or incorrect information;
7.03.02 it was issued in error;
7.03.03 the owner or permit holder request in writing that it be revoked;
7.03.04 the terms of a Site Alteration Agreement under this By-law have not been complied
with;
7.03.05 work authorized under the permit has not been commenced prior to its expiry date;
7.03.06 the owner has failed to comply with the provisions of this By-law; or
7.03.07 the land has been transferred and the new owner has not complied with the
requirements under this subsection of the By-law.
7.04 Where a Permit has been revoked under this subsection 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 Director.
Transfer
7.05 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 agreement to provide security in
a form and amount acceptable to the Director, at which time any security previously provided
by the original permit holder pursuant to this By-law shall be released.
7.06 Failing the written commitment from the new owner, the Permit shall be deemed to be
cancelled as of the date of transfer.
7.07 A Permit is not transferable to another site.
8.
Inspection
8.01 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.
8.02 This By-law shall be administered and enforced by the Director and his/her designates and by
those persons designated as inspectors under Schedule "C" of this By-law, and as may be
appointed by Council and the Halton Regional Police Service.
8.03 Inspectors may, at any reasonable time enter and inspect any land, including soil testing and
the taking of samples, to determine whether the provisions of this By-law, or conditions of a
Permit issued under this By-law have been complied with. This power of entry does not allow
the inspector to enter any building.
8.04 No person shall obstruct an inspector who is carrying out an inspection pursuant to this By-law.
8.05 Upon completion of the work pursuant to the Permit, the owner and/or permit holder shall so
advise the Director.
The Corporation of the City of Burlington By-law 64-2014
9.
Appeals
9.01 An applicant for a Permit under this By-law may appeal to Council regarding:
9.01.01
the completeness of an application submitted for a Permit;
9.01.02
failure by the Director to make a decision on an application for a Permit within 30
days of the City receiving a complete application, which appeal must be made within 30 days
after the expiration of the initial 30 day period;
9.01.03
refusal by the Director to issue a Permit, which appeal must be made within 30
days after the Permit refusal;
9.01.04
any conditions included by the Director in a Permit, which appeal must be made
within 30 days after the Permit was issued.
9.02 An applicant appealing to Council shall pay the applicable fee calculated in accordance with
rates set out in Schedule B at the time the appeal is submitted to the City Clerk.
9.03 On an appeal under Section 9, Council shall have all of the powers of the Director, pursuant to
this By-law.
9.04 The decision of Council shall be final and binding on the applicant.
10.
Orders and Notices
10.01 If after inspection, an inspector is satisfied that a contravention of this By-law has occurred, the
inspector shall notify the owner and the permit holder of the particulars with a "Stop Work
Order" and an "Order to Comply", pursuant to Section 444(1) or 445(1) of the Municipal Act,
2001, and provide all occupants with copies of the "Stop Work Order" and "Order to Comply"
and such orders shall contain:
10.01.01
the municipal address and legal description of the land;
10.01.02
reasonable particulars of the contravention(s);
10.01.03
the period within which there must be compliance.
10.02 The orders issued pursuant to Section 10.01 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, cut or removed, or caused or permitted any other form of site alteration
contrary to the provisions of this By- law to:
10.02.01
cease all work in respect of the site alteration;
10.02.02
remove the fill;
10.02.03
fill in any excavations or ponds; and/or
10.02.04
complete all the work necessary to:
The Corporation of the City of Burlington By-law 64-2014
10.02.04.01 eliminate any hazard resulting from the alteration of the grade or the
placing, dumping, cutting 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;
10.02.04.02 preserve the land pending any hearing of an appeal in respect of an
application;
10.02.04.03 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.
10.03 The Order and/or Notice referred to in Sections 10.01 and 10.02 of this By-law shall also
contain:
10.03.01 the time frame in which the work contained in the Order must be carried out;
10.03.02 a notice stating that if the work is not done in compliance with the order within the
period it specifies, the City will issue a "Notice of Violation";
10.04 An Order and/or Notice issued pursuant to Section 10.01, 10.02 or 10.03 of this By-law shall
be served personally or by prepaid registered mail or in accordance with Section 10.07 of this
By-law.
10.05 An Order and/or Notice issued pursuant to Section 10.01, 10.02 or 10.03 of this By-law, sent
by prepaid registered mail, shall be sent to the last known address of the owner of the land and
permit holder.
10.06 An inspector who is unable to effect service pursuant to Section 10.05 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.
10.07 If the owner or permit holder fails to do the work required by an "Order to Comply" and "Notice
of Violation" issued pursuant to Sections 10.01-10.03 of this By-law within the period specified,
the City, 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 City in so
doing shall be paid by the owner of the land and may be recovered by the City in like manner
as taxes or drawing on financial securities provided.
11.
Offences and Penalties
11.01 Every person, other than a corporation, who contravenes the provisions of this By-law, the
terms or 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, is guilty of an offence and,
upon conviction, is liable:
11.01.01 on a first conviction, to a fine of not more than $10,000;
11.01.02 on any subsequent conviction to a fine of not more than $25,000.
The Corporation of the City of Burlington By-law 64-2014
11.02 Every corporation that contravenes any provision of this By-law, the terms or 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, is guilty of an offence and on conviction is liable:
11.02.01 on a first conviction, to a fine of not more than $50,000;
11.02.02 on any subsequent conviction to a fine of not more than $100,000.
11.03 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:
11.03.01 rehabilitate the land;
11.03.02 remove the fill placed or dumped;
11.03.03 restore the grade of the land to its original condition;
11.03.04 replace damaged trees, shrubs, etc.
11.04 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.
12.
Permit Fees and Security Requirements
Permit Fees
12.01 The fee for processing, administration, renewal and inspection for a Permit shall be in
accordance with Schedule "B", appended to this By-law, which may be amended by Council
from time to time. Fees shall be reviewed annually and amended with the approval of Council,
or as otherwise determined by Council.
12.02 Where unauthorized site alteration works occur prior to the issuance of a Permit, and the
Director determines that a Permit can be issued, the permit fees will be as identified in
Schedule "B", in addition to all other applicable fees, costs and securities related to the Permit
and the costs of rehabilitation and/or reinstatement of the subject site as may be required by
the Director.
Inspection Fees
12.03 The prescribed inspection fees for a site alteration permit are included in the application fees
detailed Schedule "B", appended to this By-law, which may be amended by Council from time
to time.
12.04 Additional Inspection Fees, as identified in Schedule "B", refer to additional inspections being
required by the City, in circumstances where the permit holder's contractor has not complied
The Corporation of the City of Burlington By-law 64-2014
with the conditions of the permit and remedial work is required to meet the conditions of the
permit.
Security Requirements
12.05 An irrevocable Letter of Credit, certified cheque or cash may be required by the Director to
cover 100% of the estimated cost to maintain site control measures, stabilize the site and
undertake other works as identified below. A Letter of Credit is to be in a form acceptable to
the City Treasurer.
12.06 Security in an amount determined by the Director may be required pursuant to this By-law, and
the execution of a security agreement by the applicant and the registered owner of the site
may be required in a form determined by the Director in accordance with Subsections 12.05 -
12.12 inclusive of this By-law, to ensure maintenance of on-site construction control measures,
proper rehabilitation, to prevent fouling or tracking of soil, mud, or debris on roads and
highways of the City and Halton Region, and to secure performance of the applicant's and
owner's obligations pursuant to this By-law and any Permit that is issued, including as may be
needed, returning the site to its original condition so far as possible, carrying out the work
under the Permit, and complying with other provisions of the By-law including rehabilitation of
the site;
12.07 If the site alteration includes a calculated site alteration volume of less than 5000 m³, security
shall be provided by the applicant or owner in the amount of $1,500. This security amount
may be modified at the discretion of the Director;
12.08 If the site alteration includes a calculated site alteration volume of greater than 5000 m³,
security shall be provided by the applicant or owner for:
12.08.01 default of agreement to carry out work or other breach of the Site Alteration By-law in
an amount of $3,000 or 10% of the estimated cost of returning the land to a condition
satisfactory to the Director, whichever is greater as determined by the Director;
12.08.02 maintenance of public roads used by trucks delivering or removing fill, in the amount
of $15,000 per kilometre of City or boundary roads used for haul routes;
12.08.03 the supply, installation and maintenance of all construction site control measures
necessary to meet the requirements of this By-law, in an amount equal to the
estimated cost for these measures as approved by the Director;
12.08.04 other requirements as required by the Director. Amount to be determined by the
Director.
12.09 A Letter of Credit or other securities must remain in effect for the full duration of the Permit.
Any Letter of Credit and its subsequent renewal forms shall contain a clause stating that 30
days written notice must be provided to the City prior to its expiry or cancellation.
12.10 It is the responsibility of the permit holder to obtain the approval of the Director that the site has
been adequately reinstated and stabilized in accordance to this By-law and the plans
accompanying the Permit, the terms and conditions and design guidelines of the Permit; and to
request that the City carry out a final inspection of the site and obtain the approval of the
The Corporation of the City of Burlington By-law 64-2014
Director that this By-law and terms and conditions of the Permit have been complied with by
the permit holder.
12.11 When the provisions above have been fully complied with, to the satisfaction of the Director,
the permit holder's security shall be released.
12.12 If the permit expires or is revoked, the securities are to remain if affect until the site is restored
to a condition acceptable to the Director.
13.
Severability
13.01 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.
14.
Effective Dates and Repeal of Predecessor By-laws
14.01 By-Law 6-2003 is hereby repealed.
14.02 This by-Law shall come into full effect and force on the date of its passing.
14.03 The provisions of Section 7.02 of this By-law do not apply to an Owner with an approved
Permit issued pursuant to the former City of Burlington Topsoil Preservation and Site Alteration
By-law 6-2003 (repealed). The Director shall not permit any extensions or renewals of Permits
issued under this predecessor By-law.
1. A heritage conservation district study of the Mount Nemo Plateau area shall be undertaken in
accordance with s.40 (1) of the Ontario Heritage Act, R.S.O. 1990, c. O.18 as amended.
2. The area that is outlined on the map attached hereto as Schedule "A" shall be the area to be
studied.
Enactment
Enacted and passed this 20th day of May, 2014
Mayor Rick Goldring ________________________________
Deputy Clerk Angela Morgan __________________________
Online version of this document does not contain signatures. Please contact City Clerk to obtain a
copy of the signed original.
The Corporation of the City of Burlington By-law 64-2014
Schedule A to By-law No. 64-2014
Site Alteration Permit Screening Information
This Application is Authorized by By-law No. 64-2014
Name:
Address:
Depending on the type of works you are proposing on your property, you may need a Site Alteration
Permit prior to construction to ensure that you, your neighbours and/or the environment are not
negatively impacted. Site Alteration Permits are administered by the Capital Works Department to
ensure that the Director is satisfied that works on private property will not result in:
a) adverse erosion effects on and off-site;
b) blockage of a swale, ditch, watercourse, etc.;
c) transportation of silt into a watercourse, wetland, or storm sewer etc.;
d) transportation of silt to adjacent, neighbouring or downstream properties;
e) pollution of a watercourse;
f) flooding or ponding on adjacent properties;
g) flooding or ponding caused by a watercourse overflowing its banks;
h) hindering the orderly development of any lands;
i) detrimental effect on the quality or quantity of water in wells;
j) detrimental effect on any trees of a caliper of 75 mm or more located on the lands;
k) detrimental effect on matters of inherent sensitivity such as, but not limited to, aquifer
recharge, soil permeability, water quality and wildlife habitat;
l) unauthorized injury or destruction of municipal trees or other trees protected under By-laws of
the City of Burlington or Halton Region;
m) injury or destruction of other trees, which in the opinion of the Director, could reasonably be
avoided;
n) a loss of agricultural lands in the Rural Planning Area as defined in Schedule "C" of the City of
Burlington Official Plan;
o) detrimental effects on the natural environment, including but not restricted to lands designated
as Lake Ontario shoreline, Burlington Bay / Hamilton Harbour Shoreline, Niagara Escarpment
and Areas of Natural or Scientific Interest and habitat of endangered or threatened species as
identified and defined by the Ministry of Natural Resources (MNR);
p) detrimental effect within 120 metres of a Provincially Significant Wetland identified by the
Ministry of Natural Resources and wetlands regulated under Ontario Regulation 162/06;
q) detrimental effects to the growth and/or harvest of fruit, vegetables or other crops, landscaping
and gardens;
r) detrimental effects to natural site lines of adjacent properties;
s) detrimental effects to areas of archaeological significance; and
t) contamination of, or the degradation of the environmental quality of the land.
The Corporation of the City of Burlington By-law 64-2014
Please answer the questions below with respect to the proposed works. If you respond "yes" to one
or more questions, please contact the Capital Works Department (2nd Floor, City Hall) since the
proposed works likely require a Site Alteration permit.
Site Alteration permits are regulated by the City of Burlington under By-law 64-2014. Non-compliance
with By-law 64-2014 may result in penalties.
Yes
No
Are you proposing to alter the grade on your property?
If Yes, are you proposing to alter the grade within 0.5 m of any property line?
Are you proposing to place fill that has a lower permeability than the existing
underlying native soil on the receiving site?
Are you proposing to install a retaining wall on your property?
Are you proposing to remove topsoil on a site greater than 0.2 ha (0.5 acres) in
area (approximate dimensions of 20 m x 100 m)?
Are you proposing to remove vegetative cover on a site greater than 0.2 hectares
(0.5 acres) in area?
Are you proposing to alter the grade on a property that is next to a watercourse,
wetland, pond, Lake Ontario or Burlington Bay?
Are you proposing to construct a pond in the Rural Planning Area of the City?
Are you proposing to construct a residence, garage, agricultural building or other
structure in the Rural Planning Area of the City?
Date ___________________________________________
Signature of Owner/Applicant _______________________
Schedule A also includes a form for the application for a site alteration permit. To obtain a copy of
this form please contact the Clerk's Department at the City of Burlington.
The Corporation of the City of Burlington By-law 64-2014
Schedule "B" To By-Law No. 64-2014
Site Alteration Permit Fees
The following Site Alteration Permit Fees shall be effective upon approval by City Council.
1
For Calculated Site Alteration Volumes less than 5000 m³:
1.01
Site Alteration Application Fee = $300 plus $200/ha (full ha) for the first 20 ha and plus
$300/ha for each additional full ha, over 20 ha.
1.02
Application Fee for extension or renewal = ½ of the original "Site Alteration Application Fee"
(Subsection 1.01).
1.03
Additional Inspections Fee = $250 per inspection, according to Section 12.04
1.04
Revocation Fee = $100.
1.05
Amendment of Application = Up to ½ of the original "Site Alteration Application Fee", at the
discretion of the Director.
2
For Calculated Site Alteration Volumes greater than 5000 m³
2.01
Site Alteration Application Fee = $1,000.
2.02
Additional Fee based on calculated site alteration volume = $1.00/m³
2.03
Application Fee for extension or renewal = ½ of the original "Site Alteration Application Fee"
(Subsections 2.01)
2.04
Additional Inspections Fee = $250 per inspection according to Section 12.04.
2.05
Revocation Fee = $100.
2.06
Amendment of Application = Up to ½ of the original "Site Alteration Application Fee", at the
discretion of the Director.
3
Where lands are designated for development uses within the Urban Planning Area Boundary
and within and Draft Plan approved lands in the North Aldershot Planning Area, as detailed in
the City of Burlington Official Plan, application for a Site Alteration Permit can be made in order
to proceed with pre-grading of the site prior to the execution of a development agreement with
the City.
3.01
Site Alteration Application Fee = $300 plus $200/ha (full ha) for the first 20 ha and plus
$300/ha for each additional full ha, over 20 ha.
3.02
Additional Fee based on calculated site alteration volume
3.02.01
$0.30/m³ (up to 25,000 m³)
3.02.02
$0.20/m³ (25,000 - 50,000 m³)
3.02.03
$0.10/m³ (over 50,000 m³)
The Corporation of the City of Burlington By-law 64-2014
3.02
Application Fee for extension or renewal = ½ of the original "Site Alteration Application Fee"
(Subsection 1.01).
3.03
Additional Inspections Fee = $250 per inspection, according to Section 12.04
3.04
Revocation Fee = $100.
3.05
Amendment of Application = Up to ½ of the original "Site Alteration Application Fee", at the
discretion of the Director.
4
Administration Fee for Appeal Process:
4.02
Calculated Site Alteration Volume less than 5000 m³ = $150.
4.03
Calculated Site Alteration Volume greater than 5000 m³ = $500.
The Corporation of the City of Burlington By-law 64-2014
Schedule "C" To By-Law No. 64-2014
Designated Inspectors and Enforcement Officers
The following City employees or agents are hereby designated as Inspectors for the purposes of
this By-law and are authorized to carry out the inspection duties of this By-law:
1.
Executive Director of Capital Works
2.
Capital Works Department inspection staff
3.
City of Burlington By-law Enforcement Officers
4.
Other City staff as authorized by the Director to act on behalf of the Director
5.
Non-City staff hired by the Director to act on behalf of the Director.
The following City employees are designated as Enforcement Officers for the purposes of this By-
law and are authorized to carry out the enforcement of this By-law:
1.
Municipal Consent Inspector
2.
Storm Water Technologist
3.
Intermediate Development Administration Inspector
4.
Intermediate Development Administration Inspector
5.
Storm Water Engineer
6.
Senior Environmental Engineer
The Corporation of the City of Burlington By-law 64-2014
Schedule "D" To By-Law No. 64-2014
Additional Site Design Guidelines
The following guidelines shall be met on all sites, to the satisfaction of the Director, where a Site
Alteration Permit is required:
1.
Site Dewatering: Water pumped from the Site shall be treated by temporary sedimentation
basins, grit chambers, sand filters, upflow chambers, swirl concentrators or other
appropriate controls.
2.
Drain Inlet Protection: All rear lot storm drain inlets or any other inlets, shall be protected
with filter fabric, or equivalent barriers.
3.
Site Erosion Control: The following criteria apply to land disturbances that result in
stormwater runoff leaving the site or draining onto the site from adjacent properties:
1)
Runoff from adjacent areas passing through the Site shall be diverted around
disturbed areas, if practical. Otherwise, the channel shall be protected by filter fences
being placed along the channel edges to reduce sediment reaching the channel.
2)
All activities on the site 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 100 m³ of material shall not be
located within a downslope drainage length of less than 10 m to a roadway or
drainage channel. If remaining for more than 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 which will be in existence for less than 30 days shall be
controlled by filter fence barriers around the pile.
4)
Runoff from the entire disturbed area on the site shall be controlled as follows:
(a) All disturbed ground left inactive shall be stabilized by seeding, sodding,
mulching or covering, or other equivalent control measure. The period of time of
inactivity shall be at the discretion of the Director, but shall not exceed 30 days or
such longer period as deemed advisable at the discretion of the Director;
(b) Notwithstanding paragraph 3.4(a), a permit holder or applicant for a permit who
has applied for but not yet received a building permit or any other necessary
permit or agreement, may be granted an extension to the permitted period of
inactivity, at the discretion of the Director, 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;
(c) For sites located adjacent to existing residential areas, a sediment control fence
may be required around the entire perimeter of the site;
(d) The sediment control guidelines prepared by Conservation Halton and the
Ministry of Natural Resources, for the Province of Ontario, are to be followed
closely.
The Corporation of the City of Burlington By-law 64-2014
(e) For sites with extensive fill requirements, the Director may waive the
requirements for stabilization of disturbed land within 30 days of inactivity
provided that the sediment control measures are implemented and maintained to
the satisfaction of the Director.
5)
All other conditions or restrictions as required by the Director.
The Corporation of the City of Burlington By-law 64-2014
Page 43 of 46
Schedule "E" To By-Law No. 64-2014
Property Owner's Acknowledgement and Acceptance
To obtain the Property Owner's Acknowledgement and Acceptance form, please
contact the Clerk's Department at the City of Burlington.
The Corporation of the City of Burlington By-law 64-2014
Page 44 of 46
SCHEDULE "F" TO BY-LAW No. 64-2014
Full and Final Release
To:
The City of Burlington Executive Director of Capital Works
Re:
Request for fill material at:
I / We the undersigned, hereby request the City of Burlington (the City) to deposit fill
material, at no cost to either the undersigned or the City, onto the property at the above
noted address.
The undersigned represent and warrant to the City that we are respectively the
registered owners of the subject property and the applicant, and in consideration of the
City depositing the said fill material I / We on behalf of ourself/ourselves and our
officers, Directors, agents, heirs, successors and assigns, hereby remise, release, and
forever discharge and hold harmless the City, its employees, servants and agents,
together with its successors and assigns, from any and all claims, demands, actions,
causes of action, debts, accountants, covenants, contracts and demands of every kind,
known or unknown, whether presently existing or which we might have now or in the
future however arising including, and without restricting the generality of the forgoing, all
claims arising out of or in any way related to the fill material and its deposit aforesaid,
including again with limiting the generality any such claims that may result from the
operation of City and the City contractors' machinery and equipment off of the travelled
portion of any municipal roadway.
The undersigned further agree(s) not to make any claim or take any proceedings
against any other person or corporation who might claim contribution and indemnity,
under the provisions of the Negligence Act, R.S.O. 1990, c.N.1, as amended, from the
persons and corporation discharged by this release.
The undersigned further warrants and undertakes to the City that we have inquired into
and obtained all necessary clearances, permits and approvals required pursuant to all
federal, provincial or municipal legislation including, but not limited to, those as may be
required from the relevant Conservation Authority, the Ministry of Natural Resources,
the Niagara Escarpment Commission, the Department of Fisheries and Oceans, the
relevant municipalities, in order to approve and authorize the placing of fill material on
the lands specified herein.
The undersigned further agrees that the placing of fill material shall be performed in a
continuous manner and shall be completed when specified by the City, and shall not
include any levelling or grading of the said material by the City, unless agreed to in
writing.
The Corporation of the City of Burlington By-law 64-2014
Page 45 of 46
I / We have read, understand and agree with the provisions of this document.
Owner 1 (Print Name)/ (Signature) ____________________
Owner 2 (Print Name)/ (Signature) ____________________
Applicant (If not Owner (Print Name)/ (Signature) ________
Witness (Print Name)/ (Signature) ____________________
Note: Prior to placing fill at the above address, an owner or applicant requesting an
exemption pursuant to Section 3 of this By-law, shall submit to the Executive Director of
Capital Works an original copy of this Schedule signed by the City of Burlington
Executive Director of Capital Works.
Executive Director of Capital Works (Print Name)/ (Signature) _________
Date: _________________
The Corporation of the City of Burlington By-law 64-2014
Page 46 of 46
Schedule "G" To By-Law No. 64-2014
Lot Grading Design and Drawing Requirements
Two certified copies of the Control Plan will be required showing existing elevations of
the lot and sufficient elevations of adjacent properties to indicate existing drainage
patterns. All grading plans are to be metric and printed from original drawings with all
information legible and clear. All plans are to be folded to 8 ½" x 11" size, with title
blocks visible.
On the Control Plan, the new proposal will be superimposed, indicating the proposed
elevations along with any proposals that may be necessary to eliminate potential
drainage problems to the subject property, or any adjacent property. The Control Plan
must be in accordance to the requirements of Subsections 4.04 and 4.05 of this By-law.
All elevations shall be tied into existing City of Burlington bench marks and be related to
geodetic datum.
A certificate on the Control Plan, executed by a Registered Professional Engineer or a
Registered Ontario Land Surveyor shall be in the following form:
"I have prepared and reviewed the Control Plan for the construction of (blank) located at
(blank) and have prepared and reviewed this Control Plan to indicate the compatibility of
the proposed grades with existing adjacent properties and municipal services. It is my
belief that adherence to the proposed grades, as shown, will produce adequate surface
drainage and proper facility of the municipal services without any detrimental effect to
the existing drainage patterns or adjacent properties.