HomeMy WebLinkAboutDSD-2023-058 - Site Alteration By-Law Amendment
Development Services Department www.kitchener.ca
REPORT TO: Community and Infrastructure Services Committee
DATE OF MEETING: February 13, 2023
SUBMITTED BY: Carlos Reyes, Interim Director Engineering, 519-741-2200 ext. 7974
PREPARED BY: Katie Wood, Project Manager, Development Engineering, 519-741-
2200 ext. 7135
WARD(S) INVOLVED: All Wards
DATE OF REPORT: January 27, 2023
REPORT NO.: DSD-2023-058
SUBJECT: Site Alteration By-Law Amendment
RECOMMENDATION:
That Chapter 633 (Fill - Dumping Alteration of Grade) of the City of Kitchener
Municipal Code be amended to include the Site Alteration By-law as included as
Attachment A to Development Services Department report DSD-2023-058.
REPORT HIGHLIGHTS:
The purpose of this report is to amend the existing Site Alteration By-law
Key Findings: Two changes are proposed in this report which include the reduction of
the exemption area and an elaboration in the definition of site alteration.
There are no financial implications as this report is not recommending any changes to
the fees or administrative process
Community engagement included a presentation to the Waterloo Region Home
on November 18, 2022 and again on January 20, 2023.
This report supports the delivery of core services.
BACKGROUND:
Unregulated site alteration activities have taken place over the years and those activities
have resulted in undesirable environmental impacts. Impacts associated with unregulated
site alteration activities can vary from site to site, but there are a number of common
concerns which arise including significant loss of natural heritage features such as wetlands
and woodlands, flooding, soil erosion and sedimentation, and the formation of unstable
slopes.
Currently the Site-Alteration By-Law regulates site alteration activities and staff have the
ability to respond to complaints or issues which may arise.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
REPORT:
The Integrated Stormwater Management Master Plan (ISWM-MP) was approved by Council
in November of 2016. One of the recommendations in the plan was that the minimum
property area for review should be reduced from 0.405 to 0.1 hectares. This reduction will
more accurately reflect the lot sizes in the City of Kitchener and allow for more
comprehensive implementation of volume control policy.
The adjustment to the site alteration definition will more clearly describe what type of
physical changes on-
STRATEGIC PLAN ALIGNMENT:
The recommendation of this report supports the achievement of the Cn
through the delivery of core service.
FINANCIAL IMPLICATIONS:
Currently there are fees collected to offset those costs associated with administrating
permits and enforcing the by-law. These fees are set out in the 2023 fee schedule as:
Permit - $307.63
Permit with revisions - $190.94
Permit renewal - $125.17
This report is not recommending any changes to the fees or administrative process.
COMMUNITY ENGAGEMENT:
INFORM advance of
the committee meeting. This amendment was also taken to the Waterloo Region Home
November 18, 2022 for comments. Engineering attended the WRHBA meeting again on
January 20, 2023 to address the comments from the first meeting. There were no additional
comments or concerns from the WRHBA.
PREVIOUS REPORTS/AUTHORITIES:
DTS-10-006 Site Alteration By-Law (March 8, 2010 meeting)
INS-16-047 - Stormwater Management Master Plan Final Report
(May 30, 2016 meeting)
INS-16-080 Implementation Plan Integrated Stormwater Management Master Plan
(ISWM-MP) (November 7, 2016 meeting)
APPROVED BY: Justin Readman, General Manager, DSD
ATTACHMENTS:
Attachment A A By-law to amend Chapter 633 of the City of Kitchener Municipal
Code
BY-LAW NUMBER 2023-019
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a By-law to amend Chapter 633 of the City of Kitchener Municipal Code)
WHEREAS itis deemed expedientto amend Chapter 633 of The City of Kitchener
Municipal Code as adopted by By-law 88-100;.
NOW THEREFORE,the Council of the Corporation of the City of Kitchenerenacts
as follows:
1. Section 633.4.1 of Chapter 633 of The City of Kitchener Municipal Code is hereby
deleted in its entirety and the following substituted therefor:
"633.4.1 Land — less than 0.1 hectares
In addition to Article 3, the provisions of this Chapter do not apply to lands less
than 0.1 hectares in size."
2- Section 633.1.23 of Chapter633 of The City of KitchenerMunicipal Code is hereby
deleted in its entirety and the following substituted therefor:
"633.1.23 Site alteration — defined
"site alteration"means any physical change oralteration of thesite, such as placing
or dumping of fill, removing soil,orthe alteration of the grade that changes the site
and natural vegetative characteristics. Without limiting the generality of the
foregoing, site alteration includes paving gravel parking lots (which includes,
without limitation, resurfacing with asphalt or concrete) and the construction of
retaining walls where the same include any level of alteration in grade,the placing
or dumping of any quantity of fill, orthe removal of any quantity of soil."
PASSED at the Council Chambers in the City of Kitchener this 27th day of
February, 2023.
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Clerk