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HomeMy WebLinkAboutDTS-10-006 - Site Alteration by-lawJ KITC~i ~R ' • De~elopment& Technical5ervrces REPORT T0: Development and Technical Services Committee DATE OF MEETING: March 8, 2010 SUBMITTED BY: Alain Pinard, Interim Director of Planning K. Grant Murphy, Director of Engineering Services PREPARED BY: Carrie Musselman, Senior Environmental Planner (519-741- 3400 x 3148) WARD(S) INVOLVED: All Wards DATE OF REPORT: January 13, 2010 REPORT NO.: DTS-10-006 SUBJECT: SITE ALTERATION BY-LAW RECOMMENDATION: 1. That a by-law to prohibitor regulate the placing or dumping of fill, the removal of soil and the alteration of the grade of land), be adopted in the form shown in the attached "Proposed By-law" dated March 8, 2010 and attached to Report DTS 10- 006 as Appendix `A'; and, 2. That the comprehensive schedule of fees and charges be amended, effective March 8, 2010 to include the Site Alteration fees as outlined in Report DTS 10-006, and subsequently included in the 2011 comprehensive schedule of fees and charges, and updated accordingly thereafter; and further, 3. That the Site Alteration By-law be incorporated into the City of Kitchener Municipal Code. BACKGROUND: Unregulated site alteration activities have taken place in the City 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 City has no mechanism in place to regulate site alteration activities and staff have minimal abilities to respond to any complaints or issues which may arise from such activities. REPORT: Site Alteration creates a permanent change to the landscape and the natural habitat network. Forested areas and other naturally vegetated areas are often lost through clearing and grading activities. Site Alteration also impacts both water quality and quantity. Loss of vegetation coupled with grading, leveling, and compaction of the earth can contribute to decreased groundwater infiltration, increased overland flow, erosion and sediment runoff into streams and other water bodies. Additionally, there can be impacts and concern towards aesthetic values and community character. The intent of the proposed by-law is to provide the City of Kitchener with a means to control the proposed topsoil removal or site alteration works on a property (regardless of whether or not a development application has been submitted) to ensure that: Unanticipated drainage and site alteration is prevented; • Appropriate drainage patterns are maintained; • Interference and damage to watercourses or water bodies is limited; Water quality is maintained; • The use of hazardous and/or improper fill is prevented; • Erosion and sedimentation is prevented; • Natural heritage features such as wetlands, valley lands, and woodlands and areas of archaeological resources are protected; and • The City`s natural topography, soils, and vegetative features are considered. SUPPORTING LEGISLATION AND POLICIES There are various pieces of legislation that work in a complementary fashion to regulate site alteration. The Provincial Policy Statement provides policy direction on matters of provincial interest related to land use planning and development. The Planning Act provides official plan policies, zoning regulations and site plan control areas that permit the review of development on a site by site basis. The Conservation Authorities Act provides for the passing of regulations governing placement of fill, construction within a floodplain and alteration of a watercourse. Finally, the Municipal Act allows municipalities to pass by-laws to regulate site alteration. Provincial Policy Statement The Province's natural heritage resources, water, agricultural lands, mineral resources, and cultural heritage and archaeological resources provide important environmental, economic and social benefits. The wise use and management of these resources over the long term is a key provincial interest. The Province outlines that its resources must be managed in a sustainable way to protect essential ecological processes and public health and safety, minimize environmental and social impacts, and meet its long-term needs. The Provincial Policy Statement directs development away from areas of natural and human- made hazards, where these hazards cannot be mitigated. This preventative approach supports provincial and municipal well-being over the long term, protects public health and safety, and minimizes cost, risk and social disruption. The Provincial Policy Statement gives municipalities the ability to implement these principals through the Planning Act. Land use planning is only one of the tools for implementing provincial interests. A wide range of legislation, regulations, policies and programs may also affect planning matters, and assist in implementing these interests. Planning Act The Planning Act is the main enabling legislation dealing with land use planning in the Province of Ontario. The Planning Act and its regulations indicate which matters must be considered in the review and approval of applications submitted under the Act. The Provincial Policy Statement, as amended, contains matters of provincial interest that must also be reflected adequately in Official Plans. The Planning Act of Ontario requires municipalities to prepare, and regularly review, an Official Plan in orderto manage and direct physical change. Conservation Authorities Act Under Section 28 of the Conservation Authorities Act the Grand River Conservation Authority (GRCA) administers Ontario Regulation 150/06. Regulation 150106 restricts and may prohibit the placement of fill and changes to grade within a fill regulated area, the construction of structures within a floodplain, and the alteration of a watercourse. The intent of the regulation is to prevent development that could have an impact on flooding, pollution or the conservation of land. The regulation allows the GRCA to protect trees and other vegetation only when it relates to impacts on slope stability, floodplain or associated with changes to grade and when a permit is required. The limitation with the regulation is that it only applies to lands regulated by the GRCA and does not apply to all lands within the City. The Planning Act is a tool to proactively identify and regulate hazards through the planning process, while the Conservation Authorities Act and the related permit approval process can regulate activities not subjectto a planning application. Municipal Act The Municipal Act, 2001 consolidated provisions of the old Municipal Act and the former Topsoil Preservation Act. When the Act came into force on January 1, 2003, the Topsoil Preservation Act was repealed. From then on, Section 142 of the revised Ontario Municipal Act (2001) gives municipalities the authority to pass a by-law to prohibit or regulate the placement or dumping of fill, the removal of topsoil, and the alteration of the grade of the land. Such a by-law can be used to protect both natural hazard and natural heritage areas where a Conservation Authority does not have a regulation in place. Citv of Kitchener In May 2006 the Environmental Committee presented a report entitled Air Quality in Kitchener to Kitchener Council. The report included a series of (50+) Recommended Actions. Each year the Environmental Committee presents five `Best Bets' to Kitchener City Council for consideration. On a number of occasions members of the Environmental Committee have brought forward concerns regarding the protection of natural features within the City. In response the Environmental Committee selected `Best Bet' 2.5 in 2007. Best Bet 2.5 speaks to Enhancing Green Space Management and the adoption of a regulatory process to ensure natural features (e.g. unevaluated wetlands, hedgerows, woodlots etc.) of Greenfield are protected and preserved in such areas prior to the approval process for development of projects thereon BEST PRACTICES -OTHER MUNICIPALITIES Staff have reviewed site alteration by-laws from various municipalities in Southern Ontario including London, Guelph, Kingston, Barrie, Oakville, Markham, the Town of Bradford West Gwillimbury and Burlington. For the most part, the by-laws are similar and the City of Kitchener's proposed by-law is consistent with the approach taken in other municipalities. PROPOSED SITE ALTERATION BY-LAW Unless they are exempt from the provisions of the by-law, site alteration activities within the City such as the placing or dumping of fill, the removal of topsoil, and the alteration of the grade of land will be regulated and a permit from the City will be required. Exemptions Certain site alteration activities will be excluded from the by-law. For example, topsoil removal will be excluded if it is 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. The circumstances and legislation under which a permit would not be required are outlined in Section 3 and Section 4 of the by-law. Statutory exemption include activities or matters undertaken by a municipality, a licensed pit or quarry under the Aggregate Resources Act, and normal agricultural practices or lands that are regulated by the Grand River Conservation Authority. Other exemptions to the by-law include: • parcels less then 0.405 hectares (1 acre) in size; • the installation of a swimming pool, provided a pool permit is obtained; • minor gardening or landscaping projects; • normal farm practices; and, • development that is undertaken with the appropriate Planning Approvals and Building Permits The City contains approximately 3,868 parcels of land equal or greater then 0.405 hectares (1 acre) overall comprising 5.7 per cent of all parcels. Site Alteration Permits The issuance of a permit will ensure that properties and/or the environment will not be negatively impacted by the proposed site alteration. Just as there are a number of impacts which can occur from site alteration, there are also a number of factors which can influence or minimize the type and extent of those impacts. The issuance of a permit will be dependent upon the assurance that the following will be prevented or minimized: • a detrimental effect on the natural environment of the area; • soil erosion • blockage, pollution or siltation of watercourse or storm drainage system; • flooding or ponding on abutting lands; • public safety concerns; • hindering the orderly development of any lands • any contravention of regulations, standards or guidelines established pursuant to the Environmental Protection Act; Department of Fisheries and Oceans, Grand River Conservation Authority, etc. The number of permits that could be requested each year is unknown at this time. Experience in other cities is not helpful, given differences in the size of the cities, specific exemptions, and the overall nature of the by-laws compared to Kitchener's. Overall, it is anticipated that ten to fifteen permits could be requested each year. Administration and Enforcement The Director of Engineering will be the approval authority for the by-law. Engineering will implement the by-law by receiving applications, processing and approving permits and responding to complaints. The proposed by-law will give the Director of Engineering the ability to require additional information be submitted in support of a permit depending upon the site location andlor natural heritage features present such as a tree management plan, environmental impact assessment, erosion and sediment control plan, etc. Also, the proposed by-law will give the Director of Engineering the ability to impose conditions such as requiring the submission of landscaping or restoration plans, replacement trees be planted or the manner and timing of tree removal, etc. Should a complaint be received, engineering staff will follow-up to determine the validity of the complaint and the nature of the infraction relative to any permit issued or to the existing by-law. Should the Director of Engineering determine that an individual or corporation is not in compliance with the site alteration by-law the City's by-law Enforcement Department will be consulted and an investigation launched. PPnaltiP~ Should an individual or corporation be convicted of an offence under the proposed by-law they may be subject to penalties. The penalties in the proposed by-law range from a minimum fine of $10,000 to a maximum fine of $100,000. In addition, the court may also order the person or corporation charged to correct the contravention in a manner considered appropriate to the court. For lesser offences, provincial offence notices, with set fines, may be issued. RamArliatinn If the site alteration work has not been completed within the specified time to the satisfaction of the Director of Engineering, environmental related concerns have not been addressed in a timely manner or if fill has been placed in contravention of the by-law, an order can be issued and the City at the owner's expense will have the ability to proceed to rectify the site. The cost of site remediation andlor fill removal can be recovered by the City through the municipal tax system. FINANCIAL IMPLICATIONS: It is proposed that the following fees be collected: a site alteration permit be set at $100 a site alteration permit with revisions be set at $50 a site alteration permit renewal (if a site alteration permit is renewed thirty (30) calendar days before the original expiry date) be set at $50 Though staff do not anticipate any additional financial implications, activity levels will be monitored to understand the extent to which the fees offset the costs of administrating and enforcing the by-law. The fees are relatively modest to start. The initial priority is to have a by- law in place that enables the City to regulate site alteration activities. COMMUNICATIONS: Following the enactment of the proposed by-law staff will proceed with a communication plan as follows: Place notification in `Your Kitchener' and/or the `Kitchener Waterloo Record' of the site alteration by-law; Create a `Site Alteration' page on the City's website; Distribute notification to local engineering and environmental consulting firms; and Distribute notification to members of the Home Builders Association. CONCLUSION: The proposed by-law will provide the City of Kitchener with a means of controlling site alteration works, safeguard environmental features and possibly avoid the necessity for costly remediation works. The issuance of a permit will ensure that properties and/or the environment will not be negatively impacted by site alteration activities. The proposed by-law supports economic and environmental principles and its execution would be consistent with existing legislation and policies with respect to environmental protection. ACKNOWLEDGED BY: Jeff Willmer, Interim General Manager Development and Technical Services Department Attachment: Appendix "A" -Site Alteration By-law Appendix "B" -Site Alteration By-law Fee Schedule Appendix "A" -Site Alteration By-law PROPOSED BY LAW March 8, 2010 BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to prohibit or regulate the placing or dumping of fill, the removal of soil and the alteration of the grade of land) WHEREAS pursuant to Section 142 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, authorizes that the Council of the Corporation of the City of Kitchener may prohibit or regulate the placing or dumping of fill, the removal of soil and/or the alteration of the grade of land. AND WHEREAS Council may require that a permit be obtained to place or dump fill, remove soil or to alter the grade of land in the City of Kitchener, and may impose fees for the permit, the circumstances under which a permit may be issued, and the conditions to such a permit. AND WHEREAS, it may be desirable to permit limited placing or dumping fill, removal of soil or alteration of the grade of land in advance of a development application being permitted under Section 41 of the Planning Act, R.S.O1990; AND WHEREAS the City of Kitchener deems it desirable to prohibit placing or dumping fill, removal of soil or alteration of the grade of land to ensure that: 1. Unanticipated drainage and site alteration is prevented; 2. Existing drainage patterns are maintained; 3. Interference and damage to watercourses or water bodies is limited; 4. Water quality is maintained; 5. The use of hazardous and/or improper fill is prevented; 6. Erosion and sedimentation is prevented; 7. Natural heritage features and areas of archaeological resources are protected; 8. Building and site planning practices are consistent with the City`s natural topography, soils, and vegetative features NOW THEREFORE the council of the Corporation of the City of Kitchener enacts as follows: 1. DEFINITIONS In this by-law: 1.1. "adjacent Lands" means those lands contiguous to a specific natural heritage feature or area where it is likely that development or site alteration would have a negative impact on the feature or area; 1.2. "agricultural" means the use of land and buildings for apiaries, animal husbandry or the cultivation of trees, shrubs, flowers, grains, sod, fruits, vegetables and other crops or ornamental plants. Agriculture shall include a farm related single detached dwelling; 1.3. "City" means The Corporation of the City of Kitchener; 1.4. "conservation authority" means the Grand River Conservation Authority; 1.5. "contaminated fill" means material which contains any solid, liquid, gas, odour, waste product, radioactivity or any combination thereof which is present in a concentration greater than that which naturally occurs in the location of the site in question and which has the potential to have adverse effect on the natural environment, human activity, and/or health and safety as defined under the Environmental Protection Act; 1.6. "director" means the Director of Engineering for the City, or his/her designate,. 1.7. "director of Enforcement" means the Director of Enforcement for the City, or his/her designate. 1.8. "drainage work" means a drainage system constructed of tile, pipe or tubing of any material beneath the surface of agricultural land, including integral inlets and outlets, for the purpose of improving the productivity of the land drained; 1.9. "dumping" means the depositing of fill in a location other then where the fill was obtained and includes the movement and depositing of fill from one location on a site to another location on the same site; 1.10. "erosion" means the detachment and movement of soil, sediment or rock fragments by water, wind, ice or gravity; 1.11. `fill" means any type of material deposited or placed on lands and includes, but is not limited to soil, stone, concrete, asphalt, rubbish, sod or turf either singly or in combination; 1.12. "grade" means the elevation of the ground surface and shall be more particularly defined as follows: 1.12.1. "existing grade" means the elevation of the existing ground surface of the lands upon which dumping and/or placing of fill, altering of the grade, or removing of soil is proposed and of abutting ground surface up to three (3) metres wide surrounding such lands, except that where such activity has occurred in contravention of this By-law, existing grade shall mean the ground surface of such lands as it existed prior to said activity; 1.12.2. "finished grade" means the approved elevation of ground surface of land upon which fill has been placed, dumped, the grade altered or soil removed; 1.13. "permit" shall mean a site alteration permit issued pursuant to this by-law; 1.14. "proposed grade" means the proposed elevation of ground surface of land upon which fill is proposed to be placed, dumped, the grade altered or soil removed; 1.15. "owner" mean the person having the right, title, interest or equity in the land, or his or her agent authorized in writing, and includes any partnership, organization or corporation who or which is the registered owner of or controls, maintains or occupies lands; 1.16. "permit" means a permit to place or dump fill, remove soil or alter of the grade of land issued by the director; 1.17. "person" includes a company, a corporation, a partnership, an individual, a public utility and a person as defined in Subsection 29(1) of the Interpretation Act, R.S.O. 1990, c. 1.11, as amended; 1.18. "place" or "placing" means the distribution of fill on lands to establish a finished grade higher or lower than the existing grade; 1.19. "ponding" means the accumulation of surface water in an area not having drainage therefrom where the lack of drainage is caused by the placing or dumping of fill or altering of the grade of grade; 1.20. "removal" means excavation or extraction of any fill which lowers the existing grade, and includes soil stripping; 1.21. "retaining wall" means a wall designed to contain and support fill which has a finished grade higher than that of adjacent lands; 1.22. "site" means parcels of land altered or proposed to be altered as permitted; 1.23. "site alteration" means any physical change or alteration of the site, such as placing or dumping of fill, removing soil, or the alteration of the grade that changes the site and natural vegetative characteristics; 1.24. "soil" means any material commonly known as earth, topsoil, loam, subsoil, clay, sand and or gravel; 1.25. "swale" means a shallow depression in the ground sloping to a place for disposal for the purpose of providing a method of drainage of surface water; 1.26. "vegetation" includes herbaceous and woody plants or contiguous cluster of plants including trees, shrubs, and hedgerows; 1.27. "watercourse" mean a natural or man-made channel or swale in which water flows, either continuously or intermittently with some degree of regularity; 2. GENERAL PROHIBITIONS 2.1. No person shall carry out any activity connected to site alteration within the City of Kitchener except in accordance with a permit.. 3. STATUTORY EXEMPTIONS Section 2 of this by-law does not apply to: 3.1. Activities or matters undertaken by a municipality or a local board of a municipality; 3.2. Site alteration in accordance with a condition to the approval of a site plan, a plan of subdivision, consent or development permit under Section 41, 51, 53 or 70.2 respectively, of the Planning Act or as requirement of a site plan agreement or subdivision agreement entered into under those sections; 3.3. Site alteration undertaken by a transmitter or distributer, 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; 3.4. Site alteration undertaken on land described in a licence for a pit or quarry or a permit for a wayside pit or wayside quarry issued under the Aggregate Resources Act; 3.5. Site alteration undertaken on land in order to lawfully establish and operate or enlarge any pit or quarry on land, 3.5.1. that has not been designated under the Aggregate Resources Act or a predecessor of that Act, and 3.5.2. On which a pit or quarry is a permitted land use under a by-law passed under Section 34 of the Planning Act; or 3.6. On which the placing or dumping of fill, removal of soil or alteration of the grade of land undertaken as an incidental part of drain construction under the Drainage Act or the Tile Drainage Act. 2001. 3.7. A by-law respecting the removal of soil does not apply to the removal of soil 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. 3.7.1. The exception in Subsection 3.7 respecting the removal of soil as an incidental part of a normal agricultural practice does not include the removal of soil for sale, exchange or other disposition. 3.8. If a regulation is made under Section 28 of the Conservation Authorities Act respecting site alteration in any area of the municipality, a by-law passed under this by-law is of no effect in respect of that area. 2001, c. 25, s. 142 (8}. 4. SPECIFIC EXEMPTIONS In addition to Section 3 the provisions of this by-law do not apply to: 4.1. Lands less then 0.405 hectares in size; 4.2. Site alteration for the purpose of lawn dressing, landscaping, or adding to flower beds or vegetable gardens and provided that: 4.2.1. No soil in excess of thirty (30) centimeters in depth is placed on the lands; 4.2.2. The elevation of the land within sixty (60) centimeters of any site limit is not changed; and 4.2.3. There is no change in the location, direction or elevation of any watercourse. 4.3. Site alteration on residential properties for the purpose of swimming pool installations, provided a pool permit is obtained from the City. 4.4. Site alteration pursuant to the issuance of a building permit for the erection of a building or structure, and provided that the drawings that accompany the building permit application provide sufficient information for the Chief Building Official to determine site alteration conforms to the provisions of the by-law. 4.5. Site alteration as part of the excavation or restoration of the existing grade pursuant to the issuance of a demolition permit. 5. PLANNING AND DEVELOPMENT PROCESS 5.1. The provisions of this by-law, as amended from time to time, shall form part of the development approval process governed by the Planning Act. 5.2. An application for a permit may be processed concurrently with an application submitted pursuant to the Planning Act and may form part of the technical information requested in order to consider the planning application complete. 5.3. Where there is a planning application involving an approval no physical change or alteration of the site such as placing or dumping of fill, removing soil, or the alteration of the grade shall occur, until the issuance of a permit pursuant to this by-law and/or the receipt of final approval of any applicable planning applications. 6. ADMINISTRATION 6.1. The director is responsible for the administration of this by-law and is hereby delegated the authority to receive applications and the required fees and to issue permits and to attach conditions thereto in accordance with this by-law. 7. APPLICATION FOR PERMIT 7.1. Subject to Sections 2, 3 and 4, every person that intends to carry out any activity connected to site alteration personally or through another person is required by this by- law to apply to the director for a permit by submitting all of the information necessary to determine compliance with this by-law and paying the fee prescribed. 7.2. An application for a permit shall be deemed incomplete, and no permit shall be issued if: 7.2.1. The application has not been completed in full; 7.2.2. The owner has not signed the application and submitted the original signature as part of the application; 7.2.3. The owner's agent, if applicable, being the party who will be undertaking the works or whom is responsible for the site alteration has not signed the application and submitted the original signature as part of the application; or 7.2.4. The application fee has not been paid. 7.3. Where, in the determination of the director, additional information is necessary to evaluate the application, the director may require the applicant to submit such additional information within a specified period of time. If the requested information is not submitted within the specified period of time, the application may be refused. 7.4. Following receipt of an application, the director may confer with such persons and agencies as he or she considers necessary for the proper review of the application, whether or not a permit should be issued, and any condition thereto. 7.5. Where the director refuses to issue a permit, the applicant shall be informed in writing of the refusal by the director. The director may reconsider the application if additional information or documentation required by the director is submitted by the applicant. 8. REQUIREMENTS FOR PERMIT ISSUANCE Following receipt of an application, the director may issue a permit where the director is satisfied that: 8.1. The applicant has complied orwill comply with all requirements of this by-law; 8.2. All required external permission and approval has been granted to the applicant; and 8.3. The site alteration will not cause or contribute to: 8.3.1. Soil erosion; 8.3.2. Blockage of a storm drainage system; 8.3.3. Blockage, siltation or pollution of a watercourse; 8.3.4. Flooding or ponding on abutting land; 8.3.5. Flooding or ponding caused by a watercourse overflowing its banks; 8.3.6. An undue detrimental effect on the natural environment of the area; 8.3.7. Public safety concerns; 8.3.8. Injury or destruction of trees, which in the opinion of the director, could be reasonably avoided; or 8.3.9. Hindering the orderly development of any lands. 9. PERMIT CONDITIONS 9.1. A permit may be subject to conditions imposed by the director, which may include requirements for: 9.1.1. The construction of a retaining wall or berm; 9.1.2. Erosion, siltation or construction control measures; 9.1.3. Tree protection measures; and 9.1.4. The location of access routes or staging and storage areas. 9.2. The director may require the owner to provide financial security in a form and in an amount determined by the director to secure performance of the work for which the permit is to be issued and the maintenance of any sediment and erosion controls, roads or highways that are used to deliver fill in a state of repair that is satisfactory to the City, and without limiting the foregoing, to ensure that such roads and highways are free of dust and mud. 9.3. The director may, in his/her sole and absolute discretion, require that, as a condition of the issuance of a permit, the registered owner of the land and any other persons deemed appropriate enter into an agreement respecting the work contemplated by the permit containing such terms and conditions as the director considers appropriate. 10. RENEWAL OR TRANSFER OF PERMIT 10.1. Any permit issued pursuant to this by-law shall be valid for a period of ninety (90) calendar days from the date of issuance. 10.2. An owner shall apply to renew a permit where the work authorized will not be complete prior to the expiration of the permit. A permit may be extended where an application to renew is filed at least thirty (30) calendar days before the date of expiry and upon making of a written request to the director accompanied by a payment of one-half of the original permit fee, provided that the proposed work which was the subject of the permit, has not been revised. 10.2.1. If registered ownership of the site for which a permit has been issued is transferred while the permit remains in effect and outstanding, the new owner shall, prior to the closing of the transfer, provide the City with its written undertaking to comply with the permit and any conditions under which the permit was issued. If the necessary undertaking is not provided prior to closing of a transfer the permit shall be deemed to be cancelled as of the date of the transfer. 11. REVOCATION OF PERMIT 11.1. A permit may be revoked by the director under any of the following circumstances: 11.1.1. If it was issued on mistaken, misleading, false, or incorrect information; 11.1.2. If it was issued in error; 11.1.3. If the owner requests, in writing, that it be revoked; or 11.1.4. If an owner fails to comply with any provision of the permit or this by-law. 11.2. When a permit is revoked, the owner shall immediately cease all operations being conducted under the authority of the revoked permit and shall immediately rehabilitate and stabilize the land so as to prevent adverse environmental impacts. 12.ORDERS 12.1. Any person to whom an order is issued pursuant to this by-law shall comply with the terms of such order, within the time set out therein. 12.2. Where an owner or any other person is in contravention of the by-law, or any term or condition of a permit issued under this by-law, the director may make an order directing the owner or such person to cease any or all work immediately. 12.3. Where a permit has been issued and an owner is in contravention of this by-law or any term or condition issued under this by-law, the director may issue an order directing the owner, within the time set out in the order, to take such steps as are necessary so that the work which was the subject of the permit is completed in accordance with the approved permit, plans, documents and other information upon which the permit was issued under this by-law and in accordance with the terms and conditions of the permit. 12.4. Where a permit has not been issued and an owner is in contravention of the by-law, the director may issue an order requiring the owner to restore the site to a condition to the satisfaction of the director, within the time set out in the order. 13. WORK COMPLETED BY THE CITY 13.1. If the work required by an order issued under Section 12 is not completed within the specified period, the City, in addition to all other remedies it may have, may do the work at the owner's expense and any of the City's employees, officers or agents may enter upon the land, at any reasonable time, for the purpose of carrying out the work. 13.2. Before the City enters on land to do the work, it shall provide notice to the owner or occupier of the land personally, by prepaid registered mail to the last known address of the registered owner of the land, or by the posting of a notice in a conspicuous place on the land and is entitled to enter on the land for this purpose. 14. RECOVERY OF COSTS 14.1. The City may recover the costs incurred by the City under Section 13 plus interest accrued to the date payment is made at the rate of fifteen per cent (15%) or such lesser rate as may be approved by the director from the owner of the land by action or by adding the costs to the tax roll and collecting them in the same manner as property taxes; 14.2. The costs incurred by the City under Section 14.1, including interest, constitute a lien on the land upon the registration in the proper land registry office of a notice of lien and the lien is in respect of all costs that are payable at the time the notice is registered plus interest accrued to the date the payment is made. 14.3. Upon payment of all costs payable plus interest accrued to the date payment is made to the City, the City shall register a discharge of the lien in the proper land registry office. 15. ENFORCEMENT 15.1. The City's director of Enforcement shall be responsible for overseeing the enforcement of this by-law. 15.2. The director and the City's Director of Enforcement and designates may, at any reasonable time, enter and inspect any land for the purpose of carrying out an inspection to determine whether this by-law, an order to discontinue activity, a work order, or an order under section 431 of the Municipal Act, 2001, S.O. 2001, c. 25 is being complied with.. 15.3. For the purposes of an inspection, the person inspecting pursuant to this by-law may: 15.3.1. require the production for inspection of documents or things relevant to the inspection; 15.3.2. inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts; 15.3.3. require information from any person concerning a matter related to the inspection; and, 15.3.4. alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples, or photographs necessary for the purpose of the inspection. 15.4. No person shall hinder or obstruct or attempt to hinder or obstruct any person who is carrying out an inspection pursuant to this by-law, and any person who so obstructs an officer is guilty of an offence pursuant to this by-law. 16. PENALTIES 16.1. Any person other than a corporation who contravenes any provision of this by-law, contravenes the terms or conditions of any permit, or contravenes an order issued under this by-law, is guilty of an offence and is liable: 16.1.1.On first conviction, to a fine of not more than $25,000.00; and 16.1.2.On any subsequent conviction, to a fine of not more than $50,000.00. 16.2. A corporation that contravenes any provision of this by-law, the terms or conditions of any permit, or an order issued under this by-law, is guilty of an offence and upon conviction is liable: 16.2.1.On a first conviction, to a fine not exceeding $50,000.00; and 16.2.2.On a subsequent conviction to a fine not exceeding $100,000.00. 16.3 The fine amounts in sections 16.1 and 16.2 are exclusive of costs and are recoverable under the Provincial Offences Acf R.S.O. 1990, c. P.33. 17. VALIDITY OF BY-LAW 17.1. In the event a court of competent jurisdiction declares any section or part of this by-law invalid, the remainder of this by-law shall continue in force and effect. 18. SCHEDULES The following schedules attached to this by-law form and are part of this by-law: 18.1. Schedule "A" INFORMATION REQUIRED FOR A COMPLETE APPLICATION 19. EFFECT This by-law shall take effect and come into force upon its final passing. 20. SEVERABILITY It is hereby declared that each and every of the foregoing sections of this Chapter is severable and that, if any provisions of this Chapter should for any reason be declared invalid by any court, it is the intention and desire of Council that each and every of the then remaining provisions hereof shall remain in full force and effect. 21. CODE The Clerk of the City is hereby directed to make this by-law a part of The City of Kitchener Municipal Code by adding it to the Concordance and arranging and numbering it so as to fit within the scheme of the Code. PASSED at the Council Chambers in the City of Kitchener this day of , A. D. 2010. Mayor Clerk SCHEDULE "A" INFORMATION REQUIRED FOR A COMPLETE APPLICATION 1. Receipt of prescribed fees; 2. Name, address and telephone number of all owners; 3. Name, address and telephone number of the authorized qualified professional to the owner; 4. Signature or authorization of all owners; 5. Municipal address of property (if assigned); 6. Legal description of property; 7. A detailed plan or survey of the subject site clearly identifying; a. Property boundaries; b. Details and specifications of all work which is the subject of the permit; c. Location and dimensions of existing and proposed buildings; d. Location and dimensions of utilities, roadways, driveways and parking areas; e. Existing topography of the land, showing contour lines; f. Location and type of existing vegetative cover; g. The location and dimensions of overland flow paths; and h. Any and all significant features of the lands including but not limited to rivers, streams, steep slopes (greater then 20%), and wetlands. AND (if required, one or more of the following) 8. Fisheries I mpact Assessment; 9. Environmental Impact Study (EIS) and/or Environmental Implementation Report (EIR) or equivalent; 10. HydrogeologicalAsessment; 11. Studies and/or Plans required by Kitchener's Tree Management Policy (General Vegetation Overview, Detailed Vegetation Plan, Tree Preservation/Enhancement Plan); 12. Analysis of fill contents and/or Soils or Geotechnical Study; 13. Slope Stability/Erosion Hazard Study and Report; 14. Grading and Drainage Control Report and Plan; 15. Environmental Site Assessment and/or Record of Site Condition; 16. Stormwater Management Report and Plan; 17. Erosion and Siltation Control Plan 18. Archaeological Assessment; 19. Heritage Impact Assessment (HIA}; 20. Noise Study; 21. Dust Impact Assessment; 22. Vibration Study; or 23. Estimate of the all works including the cost of implementing and maintaining all Erosion and Siltation Control measures as per standards acceptable to the City. Appendix "B" -Site Alteration By-law Fee Schedule It is proposed that the following fees be collected: a site alteration permit be set at $100; a site alteration permit with revisions be set at $50; and ^ a site alteration permit renewal be set at $50 (if a permit is renewed thirty calendar days before the original expiry date).