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THE CORPORATION OF THE CITY OF ST. THOMAS
BY-LAW NO. 140
-2025
A BY·LAW TO PROHIBIT AND REGULATE THE REMOVAL OF TOPSOIL,
THE PLACING OR DUMPING OF FILL,
AND THE ALTERATION OF THE GRADE OF LAND
IN AREAS OF THE CITY OF ST. THOMAS
WHEREAS section 142 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended, provides that
the Council of a local municipality may pass a by-law to:
(a) prohibit or regulate the placing or dumping of fill;
(b) prohibit or regulate the removal of topsoil;
(c) prohibit or regulate the alteration of the grade of the land;
(d) require that a permit be obtained for the- placing or dumping of fill, the removal of
topsoil or the alteration of the grade of the land;
(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;
AND WHEREAS section 436 of the Municipal Act provides that a municipality may enter on
land at any reasonable time for the purpose of carrying out an inspection to determine whether
or not a by-law passed by municipality, a direction, or order of the municipality or an order
made under section 431 has been complied with;
AND WHEREAS section 425 of the Municipal Act, 2001, S. 0. 2001, c. 25 as amended,
provides that a municipality may pass by-laws providing that a person who contravenes a by-
law passed under the Municipal Act, 2001, is guilty of an offence;
AND WHEREAS section 444 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended,
provides that where a municipality is satisfied that a contravention of a by-law passed under
the Municipal Act, 2001, has occurred, the municipality may make an order requiring the
person who contravened the by-law or who caused or permitted the contravention or the owner
or occupier of the land on which the contravention occurred to discontinue the contravening
activity;
AND WHEREAS section 445 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended,
provides that if a municipality is satisfied that a contravention of a by-law of the municipality
passed under the Municipal Act, 2001, has occurred, the municipality may make an order
requiring the person who contravened the by-law or who caused or permitted the contravention
or the owner or occupier of the land on which the contravention occurred to do work to correct
the contravention;
AND WHEREAS section 446 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended,
provides that if a municipality has the authority under a by-law, under the Municipal Act, 2001
or any other Act, to direct or require a person to do a matter or thing, the municipality may also
provide that, in default of it being done by the person directed or required to do it, the matter or
thing shall be done at the person's expense and that the municipality may recover the costs of
doing a matter or thing from the person directed or required to do it, by action or by adding the
costs to the tax roll and collecting them in the same manner as property taxes;
AND WHEREAS section 429 of the Municipal Act, 2001, S.O. 2001, c. 25 authorizes a
municipality to establish a system of fines for the offences under a by-law;
AND WHEREAS section 391 of the Municipal Act, 2001, S.0. 2001, c. 25 authorizes a
municipality to impose fees and charges on persons for services or activities provided or done
by or on behalf of it, for cost payable by it for services or activities done by or on behalf of any
other municipality or any local board and for use of its property, including property under its
control;
NOW THEREFORE the Council of the Corporation of the City of St. Thomas hereby enacts as
follows:
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1. SCOPE OF BY-LAW
1.1.
SHORT TITLE
This By-law and any amendments thereto shall be known as the "Site Alteration By-
law".
1.2.
INTENT AND SCOPE
The purpose of this By-law is to regulate and prohibit the placing or dumping of fill,
the removal of topsoil and the alteration of the grade of land, within the City of St.
Thomas.
1.3.
CONTENT OF BY-LAW
All references in the By-law to sections, regulations, exceptions, tables, figures,
schedules, and maps, refer to those in this By-law unless otherwise indicated.
2. INTERPRETATION AND DEFINITIONS
2.1.
This By-law includes the Schedules annexed hereto and the Schedules are hereby
declared to form part of this By-law.
2.2.
In this By-law, words under the present tense include future tense, words in the
masculine gender include the feminine and neuter, and items in the plural include the
singular and the singular plural.
2.3.
In this By-law the word "metre" shall be represented by the abbreviation "m" and the
word "centimetre" shall be represented by the abbreviation "cm".
2.4.
Headings are inserted for convenience of reference purposes only, form no part of
this By-law and shall not affect in any way the meaning or interpretation of the
provisions of this By-law.
2.5.
In this By-law the following words shall mean as follows:
"Agricultural Land" means the use of land for apiaries, animal husbandry or the
cultivation of trees, shrubs, flowers, grains, sod, fruits, vegetables and other crops
or ornamental plants.
"Applicant" means the Owner of the land, or means any Person authorized in
writing by the Owner, to apply for a Permit on the Owner's behalf;
"Authorized Agent" means a Person with authorization to act on behalf of the
Owner(s).
"City" means the Corporation of the City of St. Thomas.
"City Engineer" or "Director" means the City Engineer - Director of
Environmental and Infrastructure Services for the Corporation of the City of St.
Thomas or a person designated by the City Engineer for the purposes of this By-
law.
"Control Measures" means those human-made features constructed on site for
the purpose of controlling water, which include but are not limited to, dewatering,
drain inlet protection and protection against site erosion;
.. Ditch" means a linear depression, swale, or open channel, all of which convey
stormwater runoff from public or private lands in the same manner as does a piped
sewer system;
"Drain" means a culvert, rainwater leader, sewer, swale, ditch, or storm sewer, all
of which collect and carry rainwater, groundwater, surface water or subsurface
water, and includes appurtenances such as maintenance holes and catch basis,
but does not include any drainage works created under the Drainage Act, R.S.O.
1990, C. D.17;
"Drainage" means the movement of water to a Place of Disposal, whether by way
of natural characteristics of the ground surface or by an artificial means;
"Drainage Way" means a natural or constructed established path of drainage
which facilitates the run-off of surface water toward a Watercourse;
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"Dumping" or "Dump" means the depositing of Fill in a location other than where
the Fill was obtained and includes the movement and depositing of Fill from one
location on a Property to another location on the same Property, as well as Fill
brought onto the Property;
"Erosion" means the detachment and movement of soil, sediment or rock
fragments by water, wind, ice or gravity;
"Fees and Charges By-law" means the Environmental and Infrastructure
Services Fees and Charges By-law 94-2025, as amended, or its successor by-law;
"Fill" means any type of material deposited, moved, Dumped or Placed on lands
and includes, while not limiting the generality of the foregoing, Topsoil, soil, stone,
concrete, asphalt, sod or turf either singly or in combination;
"Flooding" or "Flood" means the submerging of land or a portion of land under
water;
"Grade" means the ground surface elevation of the lands as it relates to:
(a) "Existing Grade" means the elevation of the existing ground surface of the
lands upon which Site Alteration is proposed and of the abutting ground
surface within three (3) metres surrounding such lands, except that where
activity has occurred in contravention of this By-law, Existing Grade shall
mean the ground surface of the lands as it existed prior to such activity;
(b) "Finished Grade" means the final elevation of the ground surface following
the Site Alteration as approved by the Director in accordance with this By-
law.
(c) "Proposed Grade" means the proposed elevation of the ground surface of
lands upon which Site Alteration is proposed; and
(d) "Unapproved Grade" means the elevation of the ground that is not an
Existing Grade or Approved Grade.
"Incompatible Soil" means, two or more soil types which are of such a different
nature that the flow or percolation of water may be affected by their combination
when used as Fill, for example, clay or loam when Placed on top of sandy or
gravelly soils or impervious clay subsoil when Placed on top of Topsoil;
"Inspector" means a Person employed by the City to carry out observations and
inspections for compliance with this By-law or where a Permit has been issued and
includes an Officer;
"Lot" means a parcel of land separate in ownership from any abutting land to the
extent that a consent contemplated by section 50 of the Planning Act, R. S. 0. 1990,
c.P. 13, as amended, would not be required for its conveyance;
"Normal Agricultural Practices" means any activity performed on private lands
by the Owner or Owner's agent that is considered by the Ministry of Agriculture,
Food and Rural Affairs to be a routine or common procedure for the type of crop,
soil type or general climatic conditions related to the subject property;
"Officer" means a By-law Enforcement Officer, Inspector, or other individual
authorized by the City to enforce this By-law and may include his/her designate, a
peer review consultant or other technical specialist, if designated by the Director
under this By-law;
"Owner" means the registered owner of the land(s);
"Permit" means the formal authorization of a Site Alteration issued by the City
under this By-law;
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"Permit Holder" means a Person who has been issued a Permit pursuant to this
By-law. A Permit Holder can be the Owner(s), or their Authorized Agent, of the Site
that is the subject of the Permit;
"Person" means an individual, corporation, partnership, company, association or
party of the heirs, executors, administrators, or other legal representatives of such
person to whom the context can apply according to the law;
"Place of Disposal" means a municipally-owned storm drainage sewer, a
roadside ditch, a natural watercourse, or an outlet for storm drainage approved by
the City;
-'Placing" or "Place" means the distribution of Fill on lands to establish a Finished
Grade different from the Existing Grade;
"Ponding" means the accumulation of surface water in an area not having
Drainage;
"Property" or "Site" means the land, including all buildings and structures on the
land, which are the subject of an application for a Permit pursuant to this By-law
"Remove" means to transfer Fill or Topsoil away from a Property;
"Retaining Wall" means a wall designed to contain and support Fill which has a
Finished Grade higher than that of adjacent lands;
"Site Alteration" means:
(a) Removal of Topsoil; or
(b) alteration of the Grade of land; or
(c) the temporary or permanent Placing, Dumping or Removal of any Fill,
originating on the Site or elsewhere; or
(d) the temporary or permanent placement, construction, or alteration of
structures on or under the land which will affect established drainage
patterns; or
(e) the changing of surface cover affecting drainage or erosion risk, including
paving or removal of plants, vegetation, or trees;
"Site Alteration Application" means an application for a Site Alteration Permit
submitted to the City by an Applicant or Authorized Agent.
"Site Alteration Plan" means a detailed set of accurate drawings and information
consisting, at a minimum, of the documentation outlined in Schedule "A" to this By-
law to support the proposed Site Alteration.
"Stormwater Management" or "SWM" means the control of surface water runoff
from a Site through surface water quality control and quantity Control Measures
due to changes of the Site's physical characteristics such as an increase in hard
surface area.
"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;
"Topsoil'' means those horizons in a soil profile, commonly known as the "O" and
the "A" horizons, containing organic material and includes deposits of partially
decomposed organic matter such as peat;
"Watercourse" means a natural or constructed channel through which water flows
including, but not limited to, rivers, streams and municipal or private storm drains;
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3. AUTHORITY OF THE DIRECTOR
3.1.
The Director is authorized and has the delegated authority to:
(a) make administrative amendments to the Site Alteration Application form
(b) determine and deem a Site Alteration Application as complete, expired, or
closed;
(c) waive the requirement for a Site Alteration Application, or any part thereof
pursuant to subsection 7.5 of this By-law;
(d) impose Site-specific conditions to a Permit;
(e) approve, exempt, issue, revoke, transfer, extend, renew, amend or close a
Permit;
(f) require, approve, and coordinate any remediation works;
(g) make administrative amendments to Site Alteration Plans;
(h) ensure compliance with this By-law and/or Permit conditions by conducting
inspections including requiring appropriate testing and documentation;
(i)
appoint a peer review consultant or other engineering, scientific and technical
experts to fulfill the role or duties of an Inspector or Officer for the purposes of
this By-law;
0)
require or exempt certain works from provisions of this By-law;
(k) perform enforcement functions as required; and,
(I)
authorize and/or hire agents, contractors, and other Persons to perform work, as
required.
4. GENERAL PROHIBITIONS
4.1.
No Person shall conduct, undertake, cause, permit, or carry out any Site Alteration of
land within the geographic limits of the City of St. Thomas without first obtaining a
Permit, unless otherwise exempt as set forth in this By-law.
4.2.
No Person shall cause, permit, or perform any Site Alteration other than in
compliance with this By-law and the terms and conditions of a Permit.
4.3.
Notwithstanding anything in this By-law, a Site Alteration Permit issued pursuant to
this By-law does not authorize the installation of municipal services on a Site.
4.4.
No Person shall cause, permit, or perform any Site Alteration unless it is done at the
request of, or with the consent of, the Owner of the affected land.
4.5.
No Person shall Place or Dump Fill, or cause Fill to be Placed or Dumped, on any
land for storage purposes unless the storage of such Fill on the land is permitted by
a Permit in accordance with this By-law. The period of storage shall be based on the
project requirements and site location and shall not exceed the time limit set out by
O.Reg. 406/19: On-site and Excess Soil Management.
4.6.
No Person shall cause, permit, or perform any Site Alteration, or permit a site
condition to remain, and no Permit shall be issued for any Site Alteration that will
result in:
(a) soil erosion,
(b) blockage of a natural drainage system or Watercourse,
(c) blockage of stormwater drainage or management system,
(d) siltation or pollution in a drainage system or Watercourse,
( e) Flooding or Ponding or adverse effect on abutting lands,
(f)
Flooding or Ponding caused by a Watercourse overflowing its banks,
(g) a detrimental effect on the natural environment of the area;
(h) an unacceptable level of nuisance;
(i)
public safety concerns;
0)
the fouling of, impairment of, or physical damage to, any adjacent roadway or
other municipal infrastructure;
(k) unauthorized injury or destruction of any trees, located on the Site or on abutting
lands, with a diameter at breast height (DBH) equal to or greater than 20 cm,
which could reasonably be avoided;
(I)
a detrimental effect on environmental protection areas, sensitive ground,
groundwater aquifers, water tables, or surface water features or on significant
natural heritage features or ecological functions;
(m) any adverse effect on any archeological, cultural heritage or historically
significant features;
(n) contamination of or the degradation of the environmental quality of land which
includes soil, groundwater, and sediment; and/or
(o) any contravention of regulations, standards or guidelines established pursuant
to the Environmental Protection Act.
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5. EXEMPTIONS
5.1.
This By-law is not applicable to the following activities:
(a) the Removal of Topsoil as an incidental part of a Normal Agricultural Practice
including such removal as an incidental part of sod-farming, greenhouse
operations and nurseries for horticultural products, but the Removal of Topsoil
as an incidental part of a Normal Agricultural Practice does not include the
Removal of Topsoil for sale, exchange or other disposition;
(b) a Site Alteration undertaken on land described in a license for a pit or quarry or a
permit for a wayside pit or wayside quarry issued under the Aggregate Resources
Act;
(c) a Site Alteration undertaken on land in order to lawfully establish and operate or
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 quarry is a permitted land use under a by-law passed
under section 34 of the Planning Act;
(d) the use, operation, establishment, alteration, enlargement or extension of a waste
management system or waste disposal site within the meaning of Part V of the
Environmental Protection Act, as amended, where a Certificate of Approval has
been obtained under Part V of the Environmental Protection Act, or a waste
disposal site or waste management system that is exempted by regulation from
Part V of that Act;
(e) actions by a municipality or any local board as defined in the Municipal Act, 2001
having jurisdiction within the City of St. Thomas;
(f)
any action by any Crown agency as defined in the Crown Agency Act;
(g) a Site Alteration of land imposed after December 31, 2002 as a condition to the
approval of a site plan, a plan of subdivision or a consent under section 41, 51 or
53, respectively. of the Planning Act or as a requirement of a site plan agreement
or subdivision agreement entered into under those sections duly executed by the
City and Owner that is affecting those lands;
(h) a Site Alteration of land imposed after December 31, 2002 as a condition to a
development permit authorized by regulation made under section 70.2 of the
Planning Act, or as a requirement of an agreement entered into under that
regulation;
(i)
a Site Alteration 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;
U)
a Site Alteration of land undertaken as an incidental part of drain construction
under the Drainage Act or the Tile Drainage Act;
(k) a Site Alteration as part of the lawful construction, extension, alteration,
maintenance, or operation of works under Section 26 of the Public Transportation
and Highway Improvement Act;
(I)
any work where soil is Placed or Dumped on lands for the purpose of topdressing
lawns with Topsoil or adding to flower beds or vegetable gardens, or the
cultivation or tilling of garden beds, provided that such work does not have an
adverse effect on existing Drainage patterns to neighbouring properties;
(m) the excavation or Placing of soil to a depth of less than 15 cm and having no
significant impact on trees, ground cover, vegetation, Watercourses, Swales, or
existing Drainage patterns and not altering or creating a slope of greater than 8%;
(n) minor landscaping works which are at least 30 cm from any property line and does
not adversely affect existing Drainage patterns to neighbouring properties.
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6. PRESERVATION OF DRAINAGE
6.1.
No Person, Owner, or Occupant shall, or shall permit any Person to, alter or
obstruct, or cause or contribute to the construction of a Ditch, Drain, Swale or a Lot
grade such that the flow of rain, surface ground water or subsurface water is
increased, impaired or deviates from the existing Drainage pattern or approved
grading and Drainage pattern and causes or is likely to cause an adverse condition
on any abutting Property or municipal right-of-way.
6.2.
No Person, Owner, or Occupant shall, or shall permit any Person to alter any grade
on a property, alter or obstruct, or cause or contribute to the obstruction of a Ditch,
Drain, Swale or Lot grade such that the properties grading and drainage would no
longer comply with the City of St. Thomas Engineering Standards.
6.3.
No owner or Occupant shall allow a private Ditch, Drain or Swale to fall into disrepair
such that the flow of rain, surface ground water or subsurface water is increased,
impaired or deviates from the existing Drainage pattern or approved grading and
Drainage pattern and causes or is likely to cause an adverse condition on any
abutting Property or municipal right-of-way.
7. ISSUANCE OF A PERMIT
7.1.
Subject to section 5 of this By-law, any Person who wishes to undertake any Site
Alteration shall submit a Site Alteration Application to the Director.
7.2.
A Site Alteration Permit application shall contain all information related to the Site
Alteration as outlined in Schedule 'A' to this By-law, or as requested by the Director.
The Permit application review will not commence until the City deems the Site
Alteration Permit application to be complete.
7.3.
The Director reserves the right to seek comments or approvals from any relevant
agency, including (but not limited to) a Conservation Authority, Elgin County, or
adjacent municipalities as well as the right to retain the services of a peer review
consultant for the purposes of reviewing the completeness and compliance of a Site
Alteration Permit application and associated information with the requirements of
Schedule 'A' to this By-law or with the requirements of this By-law.
7.4.
Proof of any other permit or consent required from the City or any external agency or
person in relation to the Site Alteration shall be provided as part of the Site Alteration
Permit application.
7.5.
Notwithstanding any other section of this By-law or schedule thereto, the Director
may waive the requirement for a Site Alteration Permit application, or any part
thereof, after considering:
(a) the nature and scale of the proposed Site Alteration; and
(b) the anticipated impact on the site and the surrounding environment.
7.6.
The Director shall review all Site Alteration Permit applications and may issue a
Permit if:
(a) a complete Site Alteration Permit application has been submitted, including
any information requested by the Director;
(b) the lands which are the subject of the Site Alteration Permit application is for
a use or purpose permitted under the City's Zoning By-law and is not within
an area where Site Alteration is prohibited under this By-law, or other
applicable law;
(c) the Proposed Grade, resulting drainage patterns, stormwater management
practices, site infrastructure, including any Retaining Walls, the type of Fill to
be used and the method of Placing or Dumping of Fill will all be performed in
accordance with proper engineering and environmental practices as
determined by the City in its sole discretion;
(d) existing Topsoil will only be Removed from the Site for human-made facilities,
such as buildings or parking lots, and that all remaining existing Topsoil will
not be Removed from the Property, destroyed or buried by the Placement of
Incompatible Soils;
7
(e) the Site Alteration is consistent with any applicable Site Plan or Plan of
Subdivision approvals;
(f) the Site Alteration is for the excavation of a pool, the provisions of the
Swimming Pool Fence By-law 56-2011, as amended, have been or will be
complied with;
(g) all concerns of the Director and all other requirements of this By-law have
been met;
(h) the Applicant has provided the non-refundable application fee in accordance
with the Fees and Charges By-law; and
(i) the Applicant has provided a security deposit, in accordance with Schedule
'B', in a manner acceptable to the City, to secure compliance with the Permit,
including any conditions imposed.
7.7.
The Director may impose conditions of approval, as deemed appropriate in the
Directors sole discretion, on the granting of a Permit, which may include, but is not
limited to:
(a) the construction of a retaining wall;
(b) the restriction of the location of access/haul routes or staging and storage
areas, including imposing half load restrictions;
(c) the implementation of erosion, siltation, or construction Control Measures;
(d) the implementation of tree protection measures;
(e) the implementation of stormwater management systems to contain any
stormwater runoff from the Site.
(f) providing liability insurance coverage to the satisfaction of the Director;
(g) providing a Record of Site Condition and supporting documentation for a
Phase 1 and 2 Environmental Site Assessment signed by a qualified
Engineer of Geoscientist;
(h} providing test results from a certified lab that are signed or stamped by an
Engineer or Geoscientist that demonstrate acceptable fill quality for the land
use of the site in accordance with O.Reg. 153/04: Records of Site Condition
- Part XV.1 of the Act, made under the Environmental Protection Act.
8. CONDITIONS AND REGULATIONS
8.1.
A Permit issued pursuant to this By-law shall be valid for a period of up to 180 days
from the date of issuance.
8.2.
A Permit may be extended a maximum of two (2) times. Each extension approval
and duration, to a maximum of 180 days, is at the sole discretion of the Director.
Extension requests are subject to a fee of fifty percent (50%) of the original non-
refundable application fee.
8.3.
A new Site Alteration Permit application and non-refundable application fee will be
required if either the initial Permit has previously been extended twice or if a written
extension request is not submitted to the Director ten (10) business days in advance
of the current permit expiry date.
8.4.
An Applicant may submit a written request to the Director to amend the Site
Alteration Plans of an approved Permit, subject to the following:
(a) should the amendment request include significant changes from the original
application the Director may require a new application be submitted; and
(b) minor amendment requests are subject to a fee of fifty percent (50%) of the
original non-refundable application fee.
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8.5.
A Permit may be revoked by the Director at any time and without notice if:
(a) it is revealed or discovered that an Applicant provided mistaken, misleading,
false, or incorrect information in the application;
(b) it was issued in error;
(c) the Permit Holder requests, in writing, that it be revoked;
(d) the Permit Holder fails to comply with any provisions of the approved Permit or
this By-law;
(e) the Permit Holder is in non-compliance of an Order issued under this By-law;
(f) ownership of the Property has changed, and the new wner has not applied to
have the Permit transferred per subsection 8.15 of this By-law;
(g) Site Alteration activities have not commenced within ninety (90) days of Permit
issuance.
(h) to protect the safety, health, and well-being of the public; and/or
(i) to minimize any financial impact to the City.
8.6.
If a Permit has expired or has been revoked after work commences and prior to the
completion of the Site Alteration, the Permit Holder shall immediately ensure that all
work in connection with the Permit ceases and the Owner and Permit Holder shall
each be held jointly responsible for the restoration of the Site to its original condition
or stabilize the Site in a manner that will prevent adverse impacts on adjacent
properties and the environment, all to the satisfaction of the Director, prior to the
release of any remaining security deposit.
8.7.
A Permit will be closed when:
(a) the Site Alteration works are complete;
(b) all required inspection clearances are obtained, and the Permit conditions
fulfilled to the satisfaction of the Director; and
(c) any Orders are resolved to the satisfaction of the Director.
8.8.
Any Fill that will be Placed or Dumped is compliant with all provisions of the
Environmental Protection Act and the regulations thereunder, including but not
limited to O.Reg. 406/19: On-site and Excess Soil Management.
8.9.
All erosion and sediment Control Measures necessary to meet the requirements of
this By-law shall be in place prior to the commencement of any Site Alteration.
8.10. Following issuance of a Permit, a City inspection of the installed erosion and
sediment controls and/or tree protection measures shall occur once the Control
Measures are installed and prior to the commencement of any Site Alteration.
8.11. Requests for City inspection of the installed erosion and sediment controls and/or
tree protection measures are to be submitted to the Director a minimum of two (2)
business days in advance of the desired inspection date and time.
8.12. All erosion and sediment Control Measures, including tree protection measures, dust
control, and sediment tracking, shall be monitored and maintained by the Permit
Holder in a manner satisfactory to the Director until such time as the final restoration
or rehabilitation of the site has occurred.
8.13. All Permits will require the Applicant to:
(a) Notify the Director a minimum of two (2) business days prior to commencing
any work related to the Site Alteration;
(b) provide the Inspector with the name, phone number and email address of a
Site emergency contact person;
(c) obtain permission in writing from the Director prior to modifying the approved
Site Alteration Plan;
(d) ensure that a copy of the approved Site Alteration Plan is on Site at all times
when Site Alteration activities are occurring;
(e) maintain a log of all erosion and sediment Control Measure inspections after
each rainfall event of 2.5 cm or more and at least once each week and
undertake any necessary repairs and submit regular monitoring reports as
requested by the Director;
(f) repair or remedy any siltation or Erosion damage to adjoining surfaces, such
as adjacent properties, roadways, Drainage Ways, and Watercourses as a
result of Site Alteration activities, to the satisfaction of the Director;
9
(g) maintain all road drainage systems, stormwater drainage and management
systems, erosion and sediment Control Measures and other facilities
identified in the approved Site Alteration Plan;
{h) ensure that no mud or debris is tracked onto municipal highways and that
these highways are not fouled as a result of the Site Alteration;
(i) ensure that any Fill used is clean and free of waste and debris, including but
not limited to termites, organic materials, liquid and toxic chemicals or other
contaminants;
0) ensure that Fill will not be Placed or Dumped around the perimeter of any
existing building in contravention of the requirements of the Ontario Building
Code;
(k) ensure that any increase in stormwater runoff from the site is retained on
site through stormwater management quantity and quality control;
(I) ensure that no piped connection to City culverts, ditches or sewer system is
covered or backfilled until the work has been inspected and approved by the
Inspector;
(m) provide written evidence to the Inspector that the Site Alteration has been
completed in accordance with the Permit and request the necessary final
inspection by the City;
(n) ensure that following completion of the Site Alteration that the completed
works are monitored and maintained so as not to impede the existing
Drainage pattern of surrounding properties.
8.14. Final restoration or rehabilitation of the land shall take the form of:
(a) leveling and re-grading of effected lands; and,
(b) the replacement of topsoil to a depth of 10 cm and stabilization by sodding,
turf, hydroseeding, mulching, planting of trees or vegetation, asphalt,
concrete or such other material as the Director may approve, either singly or
in combination.
8.15. If ownership of the Site for which a Permit has been issued is transferred while the
Permit remains in effect, the Permit shall be revoked by the Director unless the new
Owner of the Site, within thirty (30) days of the transfer;
(a) provides the Director with a written undertaking to comply with all the
conditions under which the existing Permit was issued and replaces the
security deposit provided by the original Applicant, at which time the original
security deposit may be released; or
{b) applies for and obtains a new Permit in accordance with the provisions of
this By-law.
9. ENFORCEMENT
9.1.
This By-law may be enforced by Officers and/or the Director. Without limiting or
restricting any other power, duty or function granted by this By-law, Officers and/or
the Director may:
(a) give verbal or written direction;
(b) issue an Order to discontinue or to perform work; and
(c) enter the Property and/or carry out and direct whatever inspections are
reasonably required to determine compliance with this By-law.
9.2.
An Officer and/or the Director may issue an Order under this By-law to any Person
believed to be contravening or have contravened any provision of this By-law.
9.3.
An Order may include, but is not limited to, the following:
(a) comply with the conditions of the Permit and/or this By-law;
(b) immediately desist from the activity constituting or contributing to the
contravention;
(c) leave the Property and cease the contravening activity immediately; and/or
(d) take immediate action to mitigate and/or remediate the impacts of the activity
within a specified time period.
10. ENTRY AND INSPECTION
10.1. No Person shall hinder or obstruct, or attempt to hinder or obstruct, any person who
is exercising a power or performing a duty under this By-law.
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10.2. No Person shall hinder or obstruct or attempt to obstruct the Director or Officer, or
Person in the discharge of duties under this By-law as required by the Director or
Officer in order to bring a Property into compliance with this By-law or an Order
issued under this By-law.
10.3. An Inspector or Officer may, in accordance with the provisions of section 436 of the
Municipal Act, at any reasonable time:
(a) enter a Property for the purpose of an inspection, and/or investigation to
determine compliance with the provisions of this By-law, or any condition of a
Permit, or Order issued under this By-law. This power of entry does not allow
entry into any dwelling except in accordance with section 437 of the Municipal
Act, 2001 or as otherwise permitted by applicable law;
(b) alone, or in conjunction with a Person possessing special or expert knowledge,
collect information, take photographs, videos, measurements, readings, and
samples (ex. air, surface water, groundwater, Soil, materials etc.), necessary for
the purposes of the inspection;
(c) require information from any Person concerning the matter or the production of
copies or reports, manifests, or other documentation for the purposes of auditing
the Site Alteration or compliance with the conditions of a Permit or Order; and
(d) require the production of documents for inspection or things relevant to the
inspection, inspect and remove documents or things relevant to the inspection
for the purposes of making copies or extracts.
11. CONTRAVENTION
11.1. If an Officer is satisfied that a contravention of one or any of the provisions of this By-
law and/or the conditions of a Permit pursuant to this By-law has occurred, the
Officer may issue an Order requiring work to be done to correct the contravention.
11.2. Orders issued shall contain the municipal address and/or the legal description of the
Property and shall set out:
(a) reasonable particulars of the contravention, the work to be done, any work or
action required to cease or be undertaken to rectify the contravention, and the
period within which there must be compliance with the order; and
(b) notification that if the work or action is not done, or ceased, in compliance with
the Order within the period specified, the City may have the work done at the
expense of the Owner and seek penalties as outlined in this By-law.
11.3. Orders issued by an Officer under this By-law shall be served as follows:
(a) personally, or by prepaid registered mail to the address shown on the last
revised assessment roll or the last known address of the Owner, the Permit
Holder, or any other Person to whom the Order is issued; or
(b) if the City is unable to effect service, after reasonable attempts have been
made, a placard containing the terms of the Order may be posted in a
conspicuous place on the Property and the posting of the placard shall be
deemed service of the Order.
11.4. If an Order is served to a Person by registered mail, it shall be deemed served on the
Person on the fifth (5) day after the date of mailing the Order, which deemed service
may be rebutted by the Person proving, on a balance of probabilities, that they did
not receive the order.
11.5. If an Order is served by posting a placard on the Property, it shall be deemed served
the day it is posted.
11.6. An Order may also be issued to a new Owner in any case where ownership of the
Property has changed but the offence continues or remains.
12. REMEDIAL ACTION
12.1. Upon the failure by the Permit Holder to complete all or part of the Site Alteration
within the time stipulated in the Permit, the City may draw the appropriate amount
from the Security Deposit and use the funds to arrange for the completion of the said
Site Alteration, or any part thereof.
12.2. Upon the failure by the Permit Holder to remedy any direction or Order, issued by the
City within the time requested, the City shall thereupon have full authority and power
to immediately purchase such materials, tools and machinery and to employ such
agents that, in the Director's sole opinion, is deemed necessary for the proper
remedy and completion of such direction or Order.
11
12.3. In the case of emergency, in the sole opinion of the City, employees or agents of the
City may enter upon the Lands for the purpose of making repairs to any of the Site
Alteration works without notice.
13. RECOVERY OF EXPENSES
13.1. Where the City, its employees or agents have performed work required to bring the
Property into compliance with this By-law or Permit conditions or if the City takes any
remedial action(s) described in Section 12 of this by-law, all expenses incurred by
the City in doing the work including any related administrative fees, shall be deemed
a debt to the City and may be collected by the City, and/or drawn from the Security
Deposit, and/or added to the tax roll for the Property and collected in the same
manner as municipal taxes.
13.2. The treasurer of a municipality may add any unpaid fine to the tax roll for any
Property in the local municipality for which all the Owners are responsible for paying
the fine and collect in the same manner as municipal taxes.
14. OFFENCE AND PENALTY
14.1. Every person who contravenes any of the provisions of this By-law is guilty of an
offence and, pursuant to section 429 of the Municipal Act, 2001, all contraventions of
this By-law are designated as continuing offences.
14.2. Every person, excluding a corporation, who is convicted of an offence is liable to a
fine not exceeding $50,000.
14.3. Every corporation who is convicted of an offence is liable to a fine not exceeding
$100,000.
14.4. In addition to the fine amounts set out in sections 14.2 and 14.3 for each day or part
of a day that an offence continues, the person or corporation shall be liable to a fine
not exceeding $10,000.
14.5. The fine amounts set out in sections 14.2, 14.3, and 14.4 are exclusive of costs and
are recoverable under the Provincial Offences Act.
15. LIABILITY AND INDEMNIFICATION
15.1. The provisions of this By-law do not limit the responsibility or liability of any Person
who has lawfully or unlawfully undertaken Site Alteration from any personal injury,
including injury resulting in death or Property damage resulting from such Site
Alteration or from acts or omissions of such Person, or his or her agents, employees,
or contractors.
15.2. Likewise, provisions of this By-law shall not be construed as acceptance by the City,
its officers, employees, or agents of any responsibility or liability whatsoever by
reason of allowing such Site Alteration, approving the request for permitting such
Site Alteration, or activities related to the Site Alteration.
15.3. The City is not responsible for any damages, losses or injuries caused as a result of
any Site Alteration.
15.4. The Permit Holder and Owner shall be jointly and severally responsible to indemnify
the City, its officers, employees, and agents from all losses, damages, costs,
expenses, claims, demands, actions, lawsuits, or other proceedings of every nature
and kind arising from, and in consequence of activities related to Site Alteration.
16. SEVERABILITY
16.1. Each and every of the foregoing sections of this By-law is severable and that, if any
provision of this By-law should for any reason be declared invalid by any court of
competent jurisdiction, it is the intention of Council that each and every of the then
remaining provisions hereof shall remain in full force and effect.
17. APPLICATION OF OTHER LAWS AND APPROVALS
17 .1. The issuance of a Permit by the City does not relieve the Applicant of the
responsibility of obtaining and complying with all other approvals that may be
required by the City, or any other level of government or agencies thereof.
12
17.2. Any reports required by the City or external agency (e.g. archeological report,
environmental impact assessment, heritage impact assessment, and/or geotechnical
report etc.) shall be submitted and approved by the City and/or external agency prior
to issuance of a Permit.
18. REPEAL
18.1. By-law 161-2010 and any amendments thereto, are hereby repealed.
19. ENACTMENT
19.1. This By-law shall come into full force and take effect upon its final passing.
Read a First and Second time this 1st day of December 2025
Read a Third time and Finally passed this 1st day of December 2025
Maria Konefal, City Clerk
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SCHEDULE 'A'
APPLICATION FORM AND SUBMISSION REQUIREMENTS
A Person applying for a Permit pursuant to this By-law shall complete the Site Alteration
Application form and provide the following, as required:
1) All Site Alteration Applications shall include Erosion and Sediment Control Plans (ESC).
The ESC shall be designed to prevent erosion, minimize sediment migration from the site
alteration and mitigate sediment contamination of adjacent environmental features, lands,
or municipal infrastructure. Details including all stockpile locations, construction
entrances/exits, mud mats, sediment fencing, berms, swales, sediment traps and any other
temporary or permanent Control Measures to be left in place after the Site Alteration is
completed as well as final restoration and stabilization works of the altered land shall be
provided in accordance with the City's Engineering Standards.
2) If the Site Alteration includes the removal of 1 0 or more trees having a diameter at breast
height (DBH) equal to or greater than 20 cm, a Tree Management Plan shall be submitted
that satisfies the requirements of the City's Engineering Standards.
3) Should stormwater quality control be required in order to achieve preservation of drainage
as outlined in Section 6 of this By-law, a Stormwater Management Report shall be
submitted that satisfies the requirements of the City's Engineering Standards.
4) If the Site Alteration includes Fill to be Placed or Dumped, documentation and monitoring
compliant with the provisions of the Environmental Protection Act and regulations
thereunder, including but not limited to 0. Reg. 406/19: On-Site and Excess Soil
Management shall be provided.
5) Lot Grading Plans to support individual Lot grade alterations (i.e. Category 1), shall provide
sufficient detail to ensure the effective management of surface water runoff and
conveyance of runoff away from buildings toward a suitable Drainage outlet without
negatively affecting adjacent or downstream properties, in accordance with the City's
Engineering Standards.
6) Site Grading Plans to support severances, infill lots, or site plan applications (i.e. Category
2 or 3) shall be provided with sufficient topographic information of the Existing Grades and
the Proposed Grades, including elevations of abutting streets and the Grade 1 Om beyond
adjoining property lines along with the direction of surface drainage flow, all in accordance
with the City's Engineering Standards.
7) Overall Grading and Drainage Plans to support subdivision approval (i.e. Category 4) shall
provide sufficient topographic information to indicate overland flow directions and account
for and accommodate external drainage that is tributary to the development., all in
accordance with the City's Engineering Standards.
8) Any other information in support of the Site Alteration, as may be requested by the Director.
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fu
STTHQMAS
SITE AL TERA TION &
GRADING APPLICATION FORM
THE RAILWAY CITY
Permit Number:
(Office use only)
Owner's Name:
Address:
Date of Application:
(MM/00/YYYY)
Person
Phone: Residence:
Business:
Email:
Company 0
--------
----------
--------------
Applicant/Agent's Name {if different from owner):
Address:
Phone: Residence:--------Business: --------- Email:--------------
Owner's Authorization (Required when the Owner is not the Applicant)
I/We
(Name(s) of the Owner(s), being the
-----------------------
registered Owner(s) of the subject lands, hereby authorize ----------------------
(Name of Agent) to act as my/our agent(s) in the submission and processing of the Site Alteration Permit Application.
Signature
Witness
DESCRIPTION OF PROPERTY
Municipal Address:
Brief Legal Description: Lot
(Attach survey if available)
Date
Date
Plan
DESCRIPTION OF PROPOSED WORK (PLEASE MAKE APPLICABLE PROVISIONS)
Do you propose to add fill to the property?
Do you propose to alter the grading of the property?
Do you propose to remove soil from the property?
Do you propose to construct retaining wall(s)?
{dd/mm/yyyy)
Yes/No
Yes/No
Yes/No
Yes/No
Please describe the nature of the proposed work by attaching a separate sheet and sketch if requrred.
PLEASE ANSWER THE FOLLOWING QUESTIONS:
ls there a registered flood and/or fill line on or adjacent to the property?
is there a significant natural area or fish habitat on / or adjacent to the property?
Has the property ever been used for industrial/commercial/institutional purposes?
Will elevations be altered at any property boundary?
Is the land or portion of land within the archaeological resource potential area?
Has there been consultation with KCCA / other Agencies?
Is this a Heritage property?
Date of Consultation:
Name of Staff Consulted:
Applicant's Signature:
Date:
Yes/No
Yes/No
Yes/No
Yes/No
Yes/No
Yes/No
Yes/No
I certify that any fill to be placed on the site contain no contaminants within the meaning of the Environmental Protection
Act, R.S.0. 1990 as amended or any other regulations from the Province of Ontario relating to such work; and,
I forever and unconditionally release and indemnify the City of St. Thomas with respect to any and all liability which may
arise in the event that the fill contains contaminants within the meaning of the Environmental Protection Act, and any
successor legislation.
Applicant's Signature:
Date:
Witness Signature:
Date:
Personal information Is collected by authority of the Municipal Act as amended and enables city siaff to process your request for a permit. Please conlact Nathan Bokma at
545 Talbot St., SI. T11omas, ON, NSP 3V7, Telephone 519.631.1680 ext. 4151 for queslions.
15
~
STTHQMAS
SITE AL TERA TION &
GRADING APPLICATION FORM
THE RAILWAY CITY
CITY STAFF USE ONLY
Permit description and conditions:
Call Before You Dig 24/7 For a Free locate 1-800-400-2255
Mandato!)l lnseections:
call 519-631-1680 ext. 4228 or ext. 4167 to arrange for inspections at
the followimr stages. Please allow 48 hours notice for inspections.
Comments:
Initial start of construction (show layout)
When rough grading is completed prior to seed
or sod or any landscaping being started
D After seed, sod and landscaping is completed
Final
Pluse note: This PERMIT deals strictly with Site Alteration and Grading Issues as they relate to By-law No. 161-2010.
Any other building construction or structural alterations need to be addressed by obtaining a Bulleting Permit from the City of St. Thomas. Electrical lnstaHations or
modifications rec:iuire an inspection by Ontario Hydro at 1-800-664-3377.
Please have this permit on site at all times.
PERMIT APPROVAL
City of St. Thomas Approval:
Date:
PetSOnal information is collected by authority of the Municipal Act as amended and enables city staff 10 process your request for a permit. Please contact Nathan Bokma at
545 Talbot St., St. Thomas, ON, NSP 3V7, Telephone 519.6ll.1680ext 41S1 for questions.
16
SCHEDULE 'B'
FEES AND SECURITY DEPOSIT
Permit Fees
1) The fee for the processing, administration, and inspection of a Permit shall be charged and
collected in accordance with the Fees and Charges By-law.
2) Permit renewals, amendments, and transfers are subject to additional fees in accordance
with the Fees and Charges By-law.
Additional Fees
3) The prescribed fees for the regular and on-going inspection of Site Alteration Permits are
included in the Permit fees as set out in the Fees and Charges By-law.
4) Any additional inspections required to address non-compliance of this By-law, the terms
and conditions of a Permit, Order or where remedial works is required will be subject to
additional inspection fees as set out in the Fees and Charges By-law.
5) The preparation and issuance of Site Alteration compliance or remediation Order(s) will be
subject to administrative fees as set out tin the Fees and Charges By-law.
Security Deposit
6) An irrevocable letter of credit, certified cheque or bank draft held by the City to secure
performance of the Owner and Permit Holder obligations pursuant to this By-law and/or
Permit, including as needed, stabilizing and/or returning the Site to its original condition,
carrying out work under the Permit and complying with all other provisions of this By-law.
7) The amount of the Security Deposit is determined by Table 1 including any additional
amounts based on scope of Site Alteration and Site-specific conditions as solely
determined by the Director.
8) The Security Deposit must remain in effect for the full duration of the Permit. Any letter of
credit and subsequent renewals shall contain a clause stating that thirty (30) days written
notice must be provided to the City prior to its expiry or cancellation.
9) The Security Deposit must be replenished to one hundred percent (100%) of the original
amount within thirty (30) days of the City's request to remain in compliance with the Permit.
10) The Permit Holder must submit a request to the City to carry out the necessary final
inspections to obtain clearances that all By-law provisions, Permit terms and conditions,
and any Orders have been satisfied.
11) When all relevant provisions, terms and conditions have been completed to the satisfaction
of the Director, the balance of the Security Deposit shall be released.
12) If the Permit has expired or is revoked, the Security Deposit is to remain in effect until the
Site is restored or stabilized to a condition acceptable to the Director
TABLE 1
Category*
Development Type
Deposit Required
1
Alteration to Residential Lot (i.e. R1, 2,
$1,000 + HST
3 and 4 Zoning)
5% of construction value for
2
Development less than 1 acre
Grading and ESC works, plus 50%
of the site stabilization value
Development greater than 1 acre
10% of construction value for
3
Grading and ESC works, plus 50%
(excluding Subdivisions)
of the site stabilization value
15% of construction value for
4
Subdivision Developments
Grading and ESC works, plus
100% of the site stabilization value
* Category 2, 3 and 4 site alterations require the cost estimate to be reviewed and approved
prior to providing the security deposit.
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