STAFF REPORT - MTI BYLAW No. 643 AMENDMENT AND SOIL DEPOSIT AND REMOVAL BYLAW No. 869 AMENDMENT

TOWN OF VIEW ROYAL COUNCIL REPORT

TO: Council DATE: January 28, 2015 FROM: James Davison MCIP RPP Planner MEETING DATE: February 3, 2015

MTI BYLAW No. 643 AMENDMENT BYLAW No. 910 and SOIL DEPOSIT AND REMOVAL BYLAW No. 869 AMENDMENT BYLAW No. 915

RECOMMENDATION

AND THAT Council give MTI Bylaw No. 643, Amendment Bylaw No. 910 first, second and third readings;

AND THAT Council give Soil Deposit and Removal Bylaw No. 869, Amendment Bylaw No. 915 first, second and third readings.

CHIEF ADMINISTRATIVE OFFICER’S COMMENTS

I concur with the recommendation.

DIRECTOR OF CORPORATE ADMINISTRATION’S COMMENTS

I concur with the recommendation.

BACKGROUND

The Municipal Ticketing Information Bylaw, No. 643 must be amended to properly reference the Soil Deposit and Removal Bylaw, No. 869. Additionally, the Soil Deposit and Removal Bylaw requires minor amendments to enable effective enforcement of its regulations under the MTI Bylaw, and several housekeeping edits.

ISSUES AND ANALYSIS

Amendment to Soil Deposit and Removal Bylaw No. 869

Amendments made include a line item added at the end of Section 11 to clarify that these Section 11 items are offences under the bylaw, where previously it was simply indicated that no permit would be issued if the soil deposit or removal activity would include any of these actions:

a) obstruct, divert, impede the flow of, damage or destroy any watercourse, ditch, drain, sewer or water utility, or domestic water well; b) interfere with the operation of any utilities, works or services, structures, buildings or improvements on the lands on which soil is to be deposited or from which soil is to be removed, or adjacent lands; c) contravene any bylaw of the Town; d) result in Soil on the lands or on adjacent lands becoming, in the opinion of a Professional Engineer or Geoscientist, susceptible to erosion, slippage, landslides, slumping or settling; e) occur on a Sunday or a Holiday; f) occur outside the hours between 7am and 6pm; g) be likely to result in the escape of dust, dirt, or noise from the lands on which the activity is occurring to adjacent parcels or highways, to an extent that can reasonably be considered to interfere with such uses of the parcels as are permitted by the Zoning Bylaw or with the use of the highways for highway purposes; or h) result in the growth of invasive plant species on the lands that are subject to the Permit as a consequence of the presence of seeds, roots, cuttings or other plant fragments in soil or other material deposited on the lands.

Staff believes that these regulations listed in Section 11 are some of the more egregious offences within the bylaw and should be subject to fines.

The other changes to the bylaw is the reference from the Land Use Bylaw to the Zoning Bylaw, and a reference to one of the subsections in Section 11 requiring an engineer – the reference incorrectly stated that Staff may require the applicant for a permit to engage a Professional Engineer or Geoscientist, at the applicant’s expense, to prepare an opinion for the purposes of subsections a) and d) – 11(e) is that the action occurs on a Sunday or a Holiday, which does not require professional help to determine. Subsection (d), on the other hand, does.

Amendment to MTI Bylaw No. 643

The amendments to the MTI Bylaw reflect the move from Soil Deposit and Removal activities formerly referenced in Land Use Bylaw 1990 No. 35 to the Soil Deposit and Removal Bylaw, No. 869.

Staff proposes fines between $150 and $250. This is a modest increase over the previous MTI Bylaw fines of mostly $100, and $200 for work performed despite a Stop Work Permit. In the proposed bylaw, $250 amounts are assigned to offences which affect neighbouring properties or the natural environment. Work under a Stop Work Order is also proposed to be fined at $250.

Regionally, the Town will be in line or modestly higher than what is charged at other municipalities:

• Saanich fines are $150 for all offences, or $200 if not paid within 30 days
• Nanaimo fines range from $50 to $200
• Colwood is $100 for all offences (of which there is just one – work without permit)

RECOMMENDATION

AND THAT Council give MTI Bylaw No. 643, Amendment Bylaw No. 910 first, second and third readings;

AND THAT Council give Soil Deposit and Removal Bylaw No. 869, Amendment Bylaw No. 915 first, second and third readings.

SUBMITTED BY: James Davison, MCIP RPP

REVIEWED BY: Sarah Jones, Director of Corporate Administration

ATTACHMENTS

1. MTI Bylaw No. 643, Amendment Bylaw No. 910
2. Soil Deposit and Removal Bylaw No. 869, Amendment Bylaw No. 915