Fill & Topsoil Disturbance By-law 6060/02

Pickering, Ontario · adopted 2003-01-20

This is the exact embedded text of the captured official document. Snapshot 5af69fe51d11 · verified 2026-08-23 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Citq o l I OFFICE CONSOLIDATION FILL AND TOPSOIL DISTURBANCE BY LAW BY 02 LAW NUMBER 6060 Passed by Council on January 20 2003 Amendments By03 Paragraphs 1 3 Schedule A law 6191 October 14 2003 Fees By law 06 6680 June 19 2006 1 Section 1d Section 5 a b and c Section 7 h i and j By09 Section 5 law 7008 Dec 21 2009 1 Section 10 2 1 a b c and 10 Schedule D THE CORPORATION OF THE CITY OF PICKERING BY 02 LAW NO 6060 Being a by prohibit or the law to regulate placing or dumping of fill the removal of topsoil and the alteration of the grade of land WHEREAS pursuant to Section 142 local 2 of the Municipal Act 2001 the Council of a municipality may a prohibit or regulate the placing or dumping of fill b prohibit or regulate the removal of topsoil prohibit or regulate the alteration of the grade of the land C 1 2 d require that a permit be obtained for the placing or dumping of fill the removal of topsoil or the alteration of the grade of the land e impose conditions to a permit including requiring the preparation of plans acceptable to the municipality relating to grading filling or dumping the removal of topsoil and the rehabilitation of the site f require that fill dumped by or a permit issued or placed contrary to a law passed under Section 142 of the Act be removed by the person who dumped or placed it or who caused or permitted it to be dumped or placed g require the rehabilitation of land from which topsoil has been removed contrary to a by permit issued under Section 142 of the Act law passed or a h require that the grade of the land altered contrary to a law passed or a by permit issued under Section 142 of the Act be restored to its original condition by the person who altered it or who caused or permitted it to be altered NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS DEFINITIONS For the purpose of this by law a agricultural means lands that are cultivated and used for raising of or livestock s b applicant means an owner or an owner agent who is authorized by the owner to act on behalf of the owner water includes c body of any brook creek stream river lake pond waterway watercourse canal or other flowing or standing water d City means the Corporation of the City of Pickering 1 clean fill means sod or fill d soil stone concrete turf other material approved by the Director on the basis of the submission described in 7 i to this law which is not contaminated and which does not contain by garbage debris or other materials contaminated fill means fill or e soil other material containing any solid liquid gas odour waste product radioactivity or any combination thereof which is present in a concentration occurs greater than which naturally and which has the potential to have an adverse effect on human activity 3 f development means the construction of buildings and above or services such as underground roads parking lots paved storage areas watermains storm and sanitary sewers general grading works and similar facilities g Director means the Director Planning Development for the City of Pickering or designate a location other than where the fill h dumping means the depositing of fill in was obtained and includes the movement and depositing of fill from one location on a property to another location on the same property i dust includes loose or blowing earth sand or soil that be may transported from the site j erosion means the detachment and movement of soil sediment or rock fragments by water wind ice or gravity k fill means any type of material deposited or placed on lands and includes soil stone concrete sod or turf either singly or in combination 1 grade is defined as means i existing grade the elevation of the existing ground surface of the lands or upon which dumping and placing of fill is proposed or as it existed prior to the placing or dumping of fill ii finished grade means the elevation of ground surface of lands upon which fill is proposed to be placed or has been placed in accordance with this by law m land disturbance means man of the land any made change surface including removing vegetative cover removing topsoil excavating filling and grading litter and n debris includes building materials garbage waste vegetation or any other loose material that may be transported from the site by wind persons vehicles or other means o lot means a legally described parcel of land p mud tracking means the obstruction encumbering injuring or fouling of roads boulevards via the of and bridges throwing placing or depositing dirt refuse or any other debris q officer means persons assigned by the Director to enforce the provisions of this by law 2 4 r owner means the registered owner of the land on which is located or will be located the topsoil removal fill placement and erosion and sediment control means a s permit topsoil removal fill placement and erosion and sediment control permit t permit holder means an owner to whom a permit has been issued u site means the lands from which it is proposed that topsoil be moved or removed or subjected to land disturbance and land development or means a known as the v topsoil those horizons in soil profile commonly O and the A horizons containing organic material and includes deposits of partially decomposed organic matter such as peat w Treasurer shall mean the Director Corporate Services and Treasurer for the City of Pickering or designate EXEMPTIONS This by law does not apply to or a Activities or matters undertaken by the City any local board of the City the Regional Municipality of Durham b The placing or dumping of fill removal of topsoil or alteration of the grade of land which is carried out to a implement site plan agreement subdivision agreement or development agreement previously entered into with the City pursuant to the provisions of the Planning Act c The placing or dumping of fill removal of topsoil or alteration of the grade of land imposed as a condition to a development permit authorized by regulation made Section 2 of the Planning Act or as a under 70 requirement of an agreement entered into under that regulation d The placing or dumping of fill removal of topsoil or alteration of the grade of land undertaken by a transmitter or distributor as those terms are defined in Section 2 of the Electricity Act 1998 for the purpose of constructing and maintaining a transmission system or a distribution system as those terms are defined in that Section e The placing or dumping of fill removal of topsoil or alteration of the grade of land undertaken on land described in a licence for a a pit or quarry or a permit for wayside pit or wayside quarry issued under the Aggregate Resources Act 5 f The placing or dumping of fill removal of topsoil or alteration of the grade of land undertaken land in establish and or on order to lawfully operate enlarge any pit or quarry on land i that has not been designated under the Aggregate Resources Act or a predecessor of that Act and ii on which a pit or is a use under a by quarry permitted land law passed under Section 34 of the Planning Act g The placing or dumping of fill removal of topsoil or alteration of the grade of land undertaken as an incidental part of drain construction under the Drainage Act or the Tile Drainage Act h The removal of topsoil as an incidental part of a normal agricultural practice including sod nurseries for farming greenhouse operations and horticultural products provided the topsoil itself is not for sale exchange or other disposition i Lands within a fill regulated area as defined by regulations made under the Conservation Authorities Act j Land disturbance associated with minor or the gardening landscaping installation of swimming pools incidental to a residential use k The removal of topsoil as an incidental part of the construction of underground services or utilities where the topsoil is removed and held for subsequent replacement The 1 removal of topsoil or placing of fill where the aggregate quantity of such removal or placement on any one lot does not exceed twenty cubic metres in any period of three consecutive months PROHIBITION 3 No person or corporation shall remove or cause the removal of any topsoil place or dump fill or grade or perform any other land disturbance or land filling activity on or from any lot in the City except in accordance with a permit issued under this by law 4 Notwithstanding the exemptions described in section 2 of this law no person by or corporation shall remove or permit the removal of topsoil from any land or place or permit the placement offill on any land adjacent to or within 30 metres of any body of water without a permit having been issued by the Director 5 Notwithstanding the exemptions described in section 2 of this by no person law or corporation shall 6 a place or allow to be placed or remove or allow to be removed any fill on any wetlands identified as provincially significant by the Ministry of Natural Resources b place or allow to be placed or remove or allow to be removed any contaminated fill on or from any land within the City unless the placing or removal of such fill is authorized by a certificate issued by the Ministry of Environment and Energy or c place or allow to be placed anything other than clean fill 5 1 law Notwithstanding the exemptions described in section 2 of this by no person or corporation shall remove or cause the removal of any topsoil place or dump fill or grade or perform any other land disturbance or land fill activity on or from any of the lands identified as Landform Category 1 and Landform Category 2 on Schedule D except in accordance with a permit issued under this by law PERMIT APPLICATIONS 6 To obtain a permit the owner of the land or his authorized agent shall file an application with the Director 7 All applications for permits shall be accompanied by a A completed application on the form as established by the Director number of hectares in the site the nearest major intersection and a north arrow b A site map identifying the location boundaries and Erosion and Sediment Control Plans and in C Design Report accordance with Section 8 herein d The fee prescribed in Schedule A to this by law e Schedule A to this by A letter of credit as prescribed in law A or f written authorization signed by the owner stating that officers of the City and any person in the company of the officers will be allowed to enter the site for the purpose of inspecting for compliance with the control plan or for performing any work necessary to bring the site into compliance with the control plan g Work schedule A written confirmation from a that h qualified person the material being placed or removed is not contaminated fill i A description of the type of any fill material being placed and 1 7 i All other information as may be required 8 Erosion and Sediment Control Plans shall be certified by a professional engineer licensed to practice in Ontario and shall include 500 or 1000 which describe the site design requirements in Schedule B to this by which a Drawings at a scale of 1 1 compliance with law and include i adjacent land uses and the location and use of any buildings and other structures adjacent to the site ii the location dimensions and use of the and other buildings structures existing or proposed to be erected on the site iii the location and dimensions of driveways and rights way across of each lot iv the location of lakes streams wetlands channels ditches other water courses and other bodies of water on and within 30 metres beyond the site boundary v the Regional Storm Flood Line and Conservation Fill Authority Regulation lines vi the location and boundaries of predominant soil types vii the location and type of existing vegetative cover including the species and size in caliper of all trees and the location of all shrubs viii the location and dimensions of any existing and proposed storm water drainage systems and natural drainage patterns on and within 30 metres beyond the site boundary ix the location and dimensions of utilities structures wells sewage systems roads highways and paving within 30 metres beyond the site boundary the existing site topography at a contour interval not to exceed one half of one metre and to extend a minimum of 30 metres beyond the lot site boundary xi the proposed final elevations of the site xii the location and dimensions of all proposed land disturbance activities xiii the location and dimensions of all temporary soil stockpiles x 8 the location haul routes and access xiv of designated construction points to the site including the location of mud mats or other measures to remove earth and mud from the tires of vehicles leaving the site xv the location dimensions and details of all construction site control law and measures necessary to meet the requirements of this by an indication of the direction of overland flow routes xvi b An Erosion and Sediment Control Design Report containing i a description of the features in the Erosion and Sediment Control Plan ii a description of the measures proposed to prevent erosion and to retain sediment on the site including but not limited to the designs and specifications for swales dikes drains sediment control ponds mud mats silt fences check dams catch basin protection and slope stabilization measures and a schedule for their maintenance and upkeep iii a description of the mud tracking control and road maintenance program iv a description of the measures proposed to control the offsite movement of dust litter and debris and related offsite maintenance the name and 24 hour v contact telephone number of the person responsible for the maintenance programs described in iii and iv above a vi description of the vegetative measures to be used including but not limited to mulches types of seeds and fertilizers and their application rates the type location and extent of pre existing and undisturbed vegetation types and a schedule for maintenance and upkeep a of the and vii schedule starting completion dates of each land disturbing or related activity including the installation of construction site control measures needed to meet the requirement of this by law COMPLIANCE WITH OTHER REGULATIONS AND STATUTES 9 law and the issuance of The provisions of this by a permit by the Director shall not affect the obligations of an owner to comply with all other restrictions governing the work imposed under law by any authority having jurisdiction 9 10 or Landform Category 2 on 1 Where the land is within Landform Category 1 Schedule D the Director shall not issue a permit unless all of the following additional requirements have been complied with a All significant landform features such as steep slopes kames kettles ravines and ridges must be maintained in their natural undisturbed form b The portion of the net developable area as defined in the Oak Ridges Moraine Conservation Plan of the site being disturbed cannot exceed 25 per cent of the total area of the site and the net developable area of the site that has impervious surfaces cannot exceed 15 per cent of the total area of the site for areas shown as Category 1 Areas c The portion of the net developable area as defined in the Oak Ridges Moraine Conservation Plan of the site being disturbed cannot exceed 50 per cent of the total area of the site and the net developable area of the site that has impervious surfaces cannot exceed 20 per cent of the total area of the site for areas shown as Category 2 Areas 10 a 1 The Director shall not issue permit unless the land use to which the proposed work pertains is permitted by the applicable by laws passed under the Planning Act PERMIT ISSUANCE 11 The Director shall issue a permit where all the application requirements set out herein are completed and the proposed land disturbance Erosion and Sediment Control Plans and Design Report comply with the requirements of this by law 12 Where the Director refuses to issue a permit the applicant shall be informed in writing of the reasons for refusal 13 Permits shall be subject to the conditions described in Schedule C to this By law 14 Permits shall be valid for a one year and may be extended one or more period of times for an additional one year subject to any additional control measures and as determined by the Director and as set out in this by inspection fees law IMPLEMENTATION AND INSPECTIONS 15 All erosion and sediment control measures necessary to meet the requirements of this law shall be in by place prior to any land disturbance of the site These measures shall be maintained by the owner during the period of land disturbance so as to ensure law and to prevent damage occurring as a result of erosion sedimentation or flooding adequate compliance with the requirements of this by 16 If the property for which the permit has been issued is transferred while the permit remains in effect the new owner shall either 10 a Provide the City with a written undertaking agreeing to comply with all the conditions under which the existing permit was issued and b Provide a Letter of Credit in accordance with the requirements of Schedule A to this by or law c Apply for and obtain a new permit in accordance with the provisions of this by law REVOCATION OF PERMITS 17 Where a permit has been issued on or false information the basis of misleading in an application the permit may be revoked and the permit holder shall cease all conducted immediately operations being under the authority of the revoked permit ENFORCEMENT 18 If an officer is satisfied that a contravention of the by law has occurred the officer may make an order requiring the owner of the land or the person who caused or or removal or alteration of the permitted the placing dumping of fill of topsoil grade of land in law to discontinue the activity and the contravention of the by order shall set out a the municipal address or the legal description of the land and b reasonable particulars of the contravention within which and the period there must be compliance 19 Every person who contravenes section of this by any law is guilty of an offence and upon conviction is liable to a fine or penalty for each offence exclusive of costs as prescribed by the Provincial Offences Act 20 All Schedules attached to this by law shall form part of this by law 21 In the event that a court of competent jurisdiction declares any provision or provisions of this by law law to be invalid for any reason the remainder of the by shall remain in full force and effect LAW read BY a first second and third time and finally passed this 20th day of January 2003 signed Wayne Arthurs Wayne Arthurs Mayor signed Bruce Taylor Bruce Taylor Clerk 11 SCHEDULE A PERMIT FEES 1 administration and a one is The Fee for processing inspection for year permit Five Hundred Dollars Thousand Dollars 000 500 00 plus One 1 00 per hectare to a maximum of Four Thousand Five Hundred Dollars or 4 500 00 part thereof of site area LETTER OF CREDIT to guarantee site control measures 2 An irrevocable Letter of Credit or other security acceptable to the City to cover 100 of the estimated cost of site control measures including the cost of the Erosion and Sediment Control measures mud tracking control measures litter and debris control measures and dust control measures is required The security is to be in a form acceptable to the Treasurer The security must remain in effect for the full duration of the permit with an automatic renewal clause in the document Any Letter of Credit and its a subsequent renewal forms shall contain a clause stating that thirty 30 days written notice must be given to the City prior to its expiry or cancellation All calculations to be supplied by the owner or their representative and verified by City staff b In the event that the City receives notice that a Letter of Credit is expiring and will not be if further or additional securities renewed or are not provided within the said thirty 30 days the City may draw on the current Letter of Credit at the discretion of the Treasurer The permit holder agrees that any interest accruing the realized security shall belong to on the City and not to the permit holder c It is the responsibility of the permit holder i to provide evidence satisfactory to the Director that the site has been adequately reinstated and stabilized in accordance with this By law and the Erosion and Sediment Control Plan accompanying the permit and ii to notify the City no later than five working days of the completion of works set out in the Permit and to request that the City carry out an law have been complied with inspection to confirm that all relevant terms of this By d The security may be reduced from time to time by the Treasurer When the provisions of subsections i and ii of section 2 c have been fully complied with the Treasurer shall release the Applicant ssecurity 12 e If a new owner satisfies all the conditions outlined in the By law all securities will be returned to the original owner unless the original owner authorizes in writing the return of the securities to another person PERMIT EXTENSION FEES 3 The fee for processing administration and inspection for a one year permit extension is Five Hundred Dollars 500 00 13 SCHEDULE B SITE DESIGN REQUIREMENTS The following requirements shall be met on all sites where a permit is required to remove topsoil 1 Site Dewatering a If it is demonstrated that no particles are greater than or equal to 40 microns in size then dewatering operations may be conducted provided that the water is not permitted to discharge directly into receiving bodies of water or streams b Water pumped for dewatering operations on 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 other inlets as the Director considers any necessary shall be protected with filter fabric or equivalent barriers meeting accepted design criteria standards and specifications accepted by the Director 3 Site Erosion and Sediment Control The Erosion and Sediment Control Plan should consider the following types of controls a Stabilization practices for soil erosion and sediment control The common stabilization practices of two types vegetative stabilization practices such as temporary seeding sod stabilization permanent seeding and plantation maintenance of buffer zone and preservation of natural vegetation and vegetative stabilization practices as mulching non such geotextiles soil retaining measures and stream bank stabilization b Runoff velocity dissipation measures which slow down the runoff flowing across the site by using measures such as check dams and surface roughening and gradient terraces Storm C water runoff control which prevent runoff from flowing across areas disturbing by using measures such as earth dikes drainage swales and drains d Structural control measures to eliminate the offsite movement of soil such as mud mats and silt fences 14 e Structural practices such as Sediment Control Ponds and ultimate SWM ponds which hold storm water runoff in a controlled fashion and remove sediments in the storage device In the event that a Sediment Control Pond cannot be constructed to f service the entire site i e capture all the runoff from the site the reasons must be documented and alternative control works must be proposed Other approved sediment control measures which remove sediments from on site runoff before it leaves the site must be constructed 4 As required in this By sites with law for the lots more than five hectares disturbed at a time or in staggered manner all of which are served by a common discharge location a Sediment Control Pond or equivalent control measures e SWM facility if applicable must be provided The Sediment Control Pond g volume should consist of a permanent pool and active storage component The permanent pool component should be sized for ultimate development conditions a to a Level 1 as to provide volume equivalent water quality control per the current Ministry of the Environment SWMP Manual or 125 m3 ha whichever is greater The active storage volume component should be sized for a minimum of 125 m3 minimum 24 ha of runoff and released over a hour period 5 If the ultimate SWM facility cannot be used as the Sediment Control Pond for the entire site during construction period temporary sedimentation pond shall lot a be constructed with design criteria as follows The Sediment Control Pond shall be constructed prior to topsoil stripping or fill placement a b Where possible the Sediment Control Pond and conveyance channels should be located in such a way that the runoff will be captured and conveyed from the entire disturbed area to the pond c The Sediment Control Pond volume must consist of a permanent pool and active storage component permanent pool component should be The a sized for ultimate development conditions to provide volume equivalent to a Level 1 water quality control as per the current Ministry of the Environment MOE SWMP Manual or 125 m3 ha whichever is greater The active storage volume component should be sized for a minimum of 125 m3 minimum 24 haof runoff and released over a hour period d To maintain sufficient permanent pool volume during the land disturbance period the ESC Plan should provide the maintenance schedule The Sediment Control Pond should be cleaned once the removal efficiency of the pond has been reduced by 5 as per the MOE SWMP Manual 6 The following criteria apply to land disturbing activities that results in runoff leaving the site 15 a All the activities on the lot in a phased site shall be conducted manner where appropriate to minimize the area of bare soil exposed at any one time b Concentrated runoff from adjacent areas passing through the site shall be diverted around disturbed areas if practical Otherwise the channel shall off swales or be protected by cut and silt fences being placed along channel edges to avoid sediment from disturbed areas reaching the channel c or one Any topsoil dirt storage piles containing more than hundred cubic meters 100 m3 of material shall be a minimum of 10 meters from or up a the slope from roadway or channel If remaining for more than sixty 60 days said soil or dirt storage piles shall be stabilized by mulching vegetative cover traps or other means Erosion from topsoil or dirt storage piles which will be in existence for less than sixty 60 days should be controlled by sediment control fence ifilter fence barriers around e the pile d Runoff from the entire disturbed area on the site shall be controlled as follows i All disturbed ground left inactive shall be stabilized by seeding sodding mulching or covering or other control measure The period of time of inactivity shall be at the discretion of the Director ii Notwithstanding the above paragraph a permit holder or applicant for a permit who has also applied for but not yet received a building permit or any other necessary permit may be granted extension an to the permitted period of inactivity at the discretion of the Director provided that said applicant permit holder provides satisfactory or proof that he has made his best efforts to have said or building other necessary permit issued Fees for the extension will be deferred for the period of inactivity if the site is secured in a manner satisfactory to the City sites less disturbed sediment control fences and cut iii For lots than five 5 hectares at one time offswales channels or equivalent control measures boundaries of the site shall be placed along all downslope iv For lots residential areas a fence and a sites adjacent to existing cut channel may be required around the entire perimeter off swale of the site to prevent drainage onto private lands A three 3 meter wide buffer strip and sediment control fence shall be provided or along the perimeter of the downslope boundaries of the site 16 v The sediment control guidelines prepared by the Toronto and Region Conservation Authority and Ministry of Natural Resources for the Province of Ontario or municipal standards are to be followed waive the vi For sites with extensive fill requirement the Director may requirements for stabilization of disturbed land after thirty 30 days of inactivity provided that the sediment control measures have been implemented to the satisfaction of the Director J I 1 17 SCHEDULE C PERMIT CONDITIONS All permit holders shall Notify the Director or his a minimum of two business days a her designate prior to the commencement or recommencement of any land disturbing activity the Director her designate prior to modifying any element of the Erosion and Sediment Control Plan b Obtain permission in writing from or his c Install all control measures as identified in the approved Erosion and Sediment Control Plan d Maintain all road drainage systems stormwater drainage systems control measures and other facilities identified in the Erosion and Sediment Control Plan e Promptly repair any siltation or erosion damage to adjoining surfaces and drainage ways resulting from land developing or disturbing activities f Inspect the sedimentation control measures at least once per week and after each rainfall of at least one centimetre and make needed repairs g Allow City officers or agents of the City to enter the site for the purpose of inspecting for compliance with the Erosion and Sediment Control Plan or for performing any work necessary to bring into compliance with the site the Erosion and Sediment Control Plan Maintain a h copy of the permit on the site all i Notify sub contractors and suppliers of approved access routes to the site and ensure compliance with these instructions Q Maintain all roads in same or better condition than existed prior to the commencement of the work and keep all roads free from any materials or equipment arising from the work set out in the permit k Ensure that no construction machinery is operated in contravention of By law Number 3821 as amended Noise By or any successor thereto law 2 18 The City a Upon the failure by the permit holder to complete all or part of the works in the time stipulated in the Erosion and Sediment Control Plan the City may draw the appropriate amount from the securities posted and use the funds to arrange for the completion of the said works or any part thereof b Upon failure by the permit holder to install repair or maintain a specific part of the works as requested by the City and in the time requested the City may at any time authorize the use of all or part of the securities to pay the cost of any part of the works it may in its or their absolute discretion deem necessary In the c case of emergency repairs or clean the City may undertake the up necessary works at the expense of the permit holder and reimburse itself out of securities posted by the applicant 1 i noauc eroeu a ao n ME y n eE e TOCW1 w Q D p D o z m n m e O SO m m o o n m 0 N 1 m Ai W 0 e P 0 k G C aoonce e 9ra Q 0 S3 0 rn MFLHE 0 0 0rn rv 0 0 0 co N G eu nac s V Iwo C C no wE co C r z 90 m m0cc m r y u 00