TOWN OF VIEW ROYAL DRAFT SOIL DEPOSIT/REMOVAL BYLAW No. 869
The draft legislative text for Bylaw No. 869 regulating soil removal and deposit within the Town.
TOWN OF VIEW ROYAL
DRAFT SOIL DEPOSIT/REMOVAL BYLAW No. 869
A BYLAW TO REGULATE THE REMOVAL AND DEPOSIT OF SOIL FROM LANDS WITHIN THE TOWN OF VIEW ROYAL
Town of View Royal, in open meeting assembled, enacts as follows:
Citation
- This Bylaw may be cited for all purposes as "Soil Deposit/Removal Bylaw, No. 869, 2013."
Repeal
- This Bylaw shall replace and repeal Section 63 of the Town of View Royal Land Use Bylaw 1990 No. 35: "Soil Deposit and Removal Requirements" and all associated attachments in its entirety.
Definitions
- In this bylaw,
"Aquifer" means a water-bearing stratum of permeable rock, sand or gravel.
"Buffer Zone" means the area of land between the boundaries of a parcel and the Soil Removal or Deposit Area.
"Town" means the Town of View Royal.
"Town Staff" means the Chief Administrative Officer or any staff designated by him or her to administer this Bylaw.
"Permit" means a valid permit for the removal or deposit of Soil under this bylaw.
"Permittee" means a person issued a Permit under this Bylaw.
"Holiday" means New Year's Day, Good Friday, Easter Monday, Victoria Day, Canada Day, BC Day, Family Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day or Boxing Day.
"Removal or Deposit Fee" means the fee payable to the Town by a Permit holder for the removal or deposit of Soil pursuant to this bylaw.
"Security" means the letter of credit, certified cheque or cash deposit.
"Soil" means soil, sand, gravel, rock, silt, clay, peat, or any other substance of which land is composed, or any combination of them, whether or not it is in or put in a stockpile or storage facility, and does not include any compost or biosolids placed on land as a soil amendment or conditioner.
"Soil Removal or Deposit Area" means the specific area of a parcel of land on which soil may be deposited or from which soil may be removed, pursuant to a Permit under this bylaw.
"Works" means any structure or building for which the Town would require a building permit.
Requirement for Soil Removal and Deposit Permit
- Subject to the other terms of this bylaw, no person shall remove, deposit, or cause to be removed or deposited any Soil from or on any land in the Town unless the person:
(a) has applied for and been issued a valid and subsisting Permit for such removal or deposit; (b) carries out the removal or deposit in accordance with this bylaw and the terms and conditions set out in the Permit; or (c) meets all of the Permit Exemptions listed in Section 5.
Permit Exemptions
- No Permit is required pursuant to this bylaw for the removal or deposit of Soil in any part of the Town where the removal or deposit of Soil:
(a) is a Small Deposit/Removal activity and totals less than 20 cubic metres from or on a parcel of land in any deposit or removal over a period of 12 consecutive months, provided that any deposit of Soil must not exceed 200mm in depth from the finished grade; (b) is necessary to do all Works approved under a building permit issued by the Town or to undertake maintenance on an existing driveway that does not involve grade alterations; (c) is carried out by or on behalf of the Town; (d) is relocated within the boundaries of the parcel from which it originates; (e) is required as part of a Soil remediation process approved under provincial or federal regulation; (f) is required for the construction or repair of works, roads, highways or services by or on behalf of the Town, the Capital Regional District, provincial or federal government agencies; (g) is required for the deposit or removal of wood waste on or from land on which it has been lawfully produced; or (h) is on land used for commercial landscape supply, horticultural use or as a nursery and such deposit or removal is necessary as part of the commercial operation.
Permit Application
- An application for a Permit shall:
(a) include a completed and signed application form as set out in Schedule "A" to this bylaw; and (b) be accompanied by a non-refundable Permit fee as identified within the Town's Fees and Charges Bylaw.
- An application that does not comply with the required information for a permit application within Schedule A of this bylaw shall be considered incomplete, and the Town Staff or Council shall be under no obligation to process an incomplete application.
Soil Deposit/Removal Activities Requiring Permits
- Medium Deposit/Removal Activities
Every application for a Permit for between 20-500 cubic meters of Soil within a 12 consecutive month period shall be considered by Staff and shall contain information regarding the proposed Soil Removal or Deposit Area under Schedule A of this bylaw, except to the extent that the Town Staff determines that the information is not reasonably necessary in view of the scale or location of the proposed Soil removal or deposit:
- Large Deposit/Removal Activities
All applications for the deposit or removal of more than 500 cubic meters of Soil within a 12 consecutive month period shall meet the conditions for Medium Deposit/Removal Activities within Section 8, and shall also be considered by Council.
Permit Issuance Conditions
The Town Staff or Council may impose on a Permit any conditions that relate to matters listed within Schedule A, including any requirement to provide a certification described in Section 13, and the Permit holder shall strictly comply with those conditions.
The Town Staff or Council shall not issue a permit to an applicant if the proposed removal or deposit of Soil would:
(a) foul or pollute the water quality of any watercourse. In order to demonstrate the protection of water quality, Town Staff may require that soil test samples be provided at the expense of the applicant; (b) obstruct, divert, impede the flow of, damage or destroy any watercourse, ditch, drain, sewer or water utility, or domestic water well; (c) damage or destroy amenities on the lands or adjacent lands including, without limitation, any utilities, works or services, structures, buildings or improvements; (d) contravene any bylaw of the Town; (e) result in the use of the lands in a manner inconsistent with the zoning for the lands; (f) result in Soil on the lands or on adjacent lands becoming susceptible to erosion, slippage, landslides, slumping or settling; (g) occur on a Sunday or a Holiday, including activities related to the deposit or removal; (h) occur outside the hours of 7am and 6pm; (i) permit dust, dirt or noise to escape so as to constitute a private or public nuisance; or (j) permit the promotion of growth of invasive species on the lands that are subject to the Permit.
Form of Permit
Permits may be issued in the form attached as Schedule A.
If required under the terms of the Permit, upon completion of the Soil removal and deposit authorized by a Permit, the Permit holder shall deliver to the Town Staff a certificate from a Professional Engineer or other consultant or person specified by the Town Staff stating that all Soil removed or deposited was removed or deposited in substantial compliance with the requirements of the Permit and good environmental and Engineering practices.
Security
- Prior to the issuance of a Permit, the applicant for the Permit shall deposit with the Town Staff Security in the amount described in the Town's Fees and Charges Bylaw.
Renewal of Security
- The holder of the Permit shall renew such Security, other than cash, before it expires by either allowing for the automatic renewal of the Letter of Credit according to the terms in Schedule E depositing a fresh letter of credit at least two weeks before the expiry date of any then subsisting letter of credit, or providing a new certified cheque at least two weeks prior to the passage of one year from the date the last certified cheque was deposited. In the event the Security is not so renewed, the Town may, without notice to the Permit holder, draw upon the then subsisting Security, without any obligation to pay interest.
Compliance and Use of Security
- If at any time the Permit holder fails or refuses to comply with any obligation under this bylaw or the Permit or any direction given by the Town Staff then the Town may, at its discretion, enter on the land that is the subject of the Permit, carry out the work at the cost of the owner, and deduct from the Security the cost incurred by the Town as a result of the failure or refusal or recover the cost from the owner as a debt. In some cases it may be possible for the Town to recover such costs wholly or in part in the same manner and with the same remedies as property taxes.
Replenishment of Security
- In the event that the Town uses all or part of the Security, the Permit holder shall forthwith deposit new Security on the terms as set out above, so that the amount of Security held by the Town is the full amount required by Town bylaw.
Return of Security
- When the Permit holder completes all reclamation and other work and conditions required by the Permit to the satisfaction of the Town Staff and the Permit holder has paid to the Town all fees payable under this bylaw, the Town will return the Security, or whatever amount of it remains, to the Permit holder who provided the Security.
Quantity Reports
- The Permit holder shall, in the case of removal or deposit of Soil for which a fee is payable:
(a) submit to the Town Staff in the form of Schedule B a monthly report prior to the end of each month showing the volume of Soil removed or deposited during the preceding month; (b) maintain accurate and up-to-date records of all Soil removed and deposited and make these records available for inspection by the Town Staff on request; and (c) submit to the Town Staff an annual declaration as per Schedule D by December 31 of each year, certified by a Professional Engineer, detailing all quantities of Soil removed and deposited in the preceding calendar year, whether or not counted under clause (a), and signed by the Permit holder indicating compliance with the provisions of this bylaw and the Permit.
Soil Removal or Deposit Fee
- The Town's Fees and Charges Bylaw describes the Soil Removal and Deposit Fee associated with moving soil pursuant to a permit, and the Town's Municipal Ticket Information Bylaw describes the fine for moving soil without a permit.
Timing of Payment and Use of Security
- The Soil Removal or Deposit Fee shall be paid to the Town on or before the last day of each month for the amount of Soil removed or deposited in the preceding month. The Town may recover unpaid Soil Removal or Deposit Fees from any Security provided.
Conversion Chart
- Where Soil is quantified in terms of tonnes, cubic yards, or both, the conversion chart contained in Schedule C of this bylaw applies for the purpose of the calculation of Removal or Deposit Fees.
Repair of Damage
All damage to Town drainage facilities, roads, lanes, or other Town property resulting from the removal or deposit of Soil shall be repaired immediately by the Permit holder.
In the event that the Town Staff determines that the transport of Soil on a Town highway is causing damage to the highway beyond what is reasonable and ordinary in view of the nature or existing condition of the highway, the Town Staff may, by providing written notice to the person transporting Soil and by posting appropriate highway signage, prohibit such traffic on the highway, and under provincial legislation it may be possible for the Town to enter into an agreement with any person wishing to transport Soil on the highway despite the prohibition. The Council delegates to the Town Staff the authority to determine the amount of compensation that is reasonable for the damage to the highway and the resulting expense to the Town, for inclusion in an agreement under Section 37, and to execute such agreements on behalf of the Town. Notice may be provided under this section by serving a copy on the holder of the business licence for the transport business, on the holder of the Permit authorizing the deposit or removal of the Soil, on the owner of the land to or from which Soil is being transported, or on any person operating a vehicle transporting the Soil. Nothing in this section applies to the transport of Soil on an arterial highway.
Buffer Zone
- A Buffer Zone of the lesser of 7 metres or the prevailing building setback in the zoning regulations applicable to the property shall be maintained at all times around each Soil Deposit or Removal Area. This provision does not apply with deposits or removals necessary for an approved driveway connection to a road.
Stockpiling
- The Permit holder shall confine stockpiles of Soil to the Soil Removal or Deposit Area to which the Permit relates and shall maintain them so that they do not adversely affect or damage adjacent properties or Buffer Zones.
No Encroachment
- The Permit holder shall ensure that the operation by which Soil is removed or deposited does not encroach upon, undermine, or physically damage any adjacent property.
Reclamation
- At the expiry or revocation of a Permit, the permit holder shall complete such grading and other reclamation activities as are specified in the Permit.
Revocation of Permit
(a) If the Permit Holder is in breach of any provisions of this Bylaw or the Permit Town Staff have the right to issue and post a Stop Work Order until such time as the breach or breaches have been rectified. (b) Where a Stop Work Order has been posted on a property, the Permit holder and every other person shall cease all Soil removal or deposit activities on that property immediately and shall not undertake any Soil removal or deposit activities on that property until all applicable provisions of this Bylaw have been substantially complied with and the Stop Work notice has been rescinded in writing by the Town Staff.
If the Permit holder fails to comply with any requirement of this bylaw or any requirement or condition of the Permit, the Town Staff may by written notice to the Permit holder to immediately revoke the Permit. Notice to the Permit holder is sufficient if a letter is mailed or delivered to the address of the Permit holder as shown on the Permit.
If the land to which a Permit relates is sold such that the Permit holder is no longer the owner of the land or the Permit holder no longer has the right to use the land for removal or deposit of Soil; the Permit is considered to run with the land and shall be transferred as per Sections 33-36 (Transfer of Permit) of this bylaw.
Permit Renewal
- If a Permit holder applies for a renewal of a Permit, the Town Staff shall issue the renewal if:
(a) all applicable drawings and specifications for the Soil Removal or Deposit Area are updated as necessary to identify any material changes to site conditions and to demonstrate compliance with current bylaws and regulations; and (b) Security has been deposited with the Town to cover the cost of any reclamation requirements associated with any material changes.
Transfer of Permit
- The Town Staff may approve a transfer or assignment of a Permit by the Permit holder to another person who has the right to remove or deposit the Soil to which the Permit relates.
All applications for Permit transfers or assignments must be in writing and accompanied by a non-refundable application fee as described in the Town's Fees and Charges Bylaw.
The Town Staff may refuse to approve a Permit transfer or assignment if the Permit Holder does not provide evidence satisfactory to the Town Staff that any Soil removal deposit that has occurred pursuant to the Permit is in compliance with the provisions of this bylaw and the Permit.
If a Permit is transferred or assigned, the new Permit holder must provide the Security to the Town, at which time the existing Security will be returned to the original Permit holder.
Term of Permit
- A Permit shall remain valid until the earlier of:
(a) the completion of the Soil removal or deposit authorized by the Permit; (b) the arrival of the expiry date specified in the Permit, which shall not be more than one 12-month deposit or removal period; or (c) revocation or suspension of the Permit under this bylaw.
Severability
- If any section, subsection, clause or phrase of this bylaw is for any reason held to be invalid or illegal by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses or phrases of this bylaw.
Appendices
- The appendices attached to this bylaw form a part of this bylaw.
Contraventions
- Every person who violates, contravenes, or commits any breach of a provision of this bylaw, including a contravention of a Permit, shall be guilty of an offence punishable on summary conviction pursuant to the Offence Act, and shall be liable to pay a maximum fine as described within the Town's Municipal Ticket Information Bylaw for each day of any violation, contravention or breach of this bylaw shall be deemed to be a separate and distinct offence.
Headings
- The headings to the provisions of this bylaw are inserted for convenience of reference only and shall neither form part of nor affect the interpretation of this bylaw.
List of Schedules
- (a) Schedule A – Soil Removal or Deposit Permit Application (b) Schedule B – Monthly Volume Report (c) Schedule C – Conversion Chart (d) Schedule D – Declaration of Soil Removal or Deposit Quantities (e) Schedule E – Letter of Credit
READ A FIRST TIME THIS ______ DAY OF ______
READ A SECOND TIME THIS ______ DAY OF ______
READ A THIRD TIME THIS ______ DAY OF ______
ADOPTED THIS ______ DAY OF ______
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