BYLAW - Fill By law Reenactment - 20051213 - 475105P-.--~-e-·--·-·-·----·--·--~--------·-~~----..---------·---•--••••--
THE CORPORATION OF THE TOWN OF AURORA
By-law Number 4751-0S.P
BEING a BY-LAW to control the
dumping of fill and alteration of
grades.
WHEREAS the provisions of Section142, 143,and 144 of the Municipal Act, R.S.O.,
2001, as amended, authorize the Town of Aurora to enact by-laws to prohibit and
regulate the dumping of fill and alteration of grades;
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE
TOWN OF AURORA ENACTS AS FOLLOWS:
Definitions
1. In this By-law:
(1) "Corporation" means the Corporation of the Town of Aurora;
(2) "Chief Building Official" means the Chief Building Official of the Town of Aurora;
(3) "Dumping" means the movement and depositing of fill from one location to a
different location and includes the movement and depositing of fill from one location
on a property to another location on the same property;
(4) "Fill" means any type of material deposited or placed on lands and includes, but
is not limited to, soil, stone, concrete, sod or turf either singly or in combination;
( 1 .1) "adverse effect" means one or more of:
(a) impairment of the quality of the natural environment for any use that can be made
of it;
(b) injury or damage to property or to plant or animal life;
(c) harm or material discomfort to any person;
(d) an adverse effect on the health of any person;
(e) impairment of the safety of any person;
(f) rendering any property or plant or animal life unfit for human use;
(g) loss of enjoyment of normal use of property; and
(h) interference with the normal conduct of business.
(1.2) "Contaminant" means any solid, liquid, gas, odour, heat, sound, vibration,
radiation or combination of any of them resulting directly or indirectly from human
activities that may cause an adverse effect;
(5) "Grade" shall be defined as follows:
(a) "Existing Grade" means the elevation of an existing ground surface, except that
where placing or dumping of fill or alteration of the grade has occurred in
contravention of this By-law "existing grade" shall mean the ground surface of the
land as it existed prior to the placing or dumping of fill or alteration of the grade;
(b) "Finished Grade" means the elevation of ground surface of land upon which fill
has been placed or dumped or after alteration to the grade has occurred;
(c) "Proposed Grade" means the proposed elevation of ground surface ofland upon
which fill is proposed to be placed;
By•taw Numbet4151-05.P
Page 2 of9
(6) "Inspector" means the Chief Building Official and such individuals as may be
appointed by the Corporation from time to time under section 223.1 of the Municipal
Act;
(7) "Owner" means the registered owner of the land for which a permit is sought or
obtained;
(8) "Permit" means a permit issued by the Chief Building Official pursuant to the
provisions of this By-law;
(9) "Person" includes a natural individual and their heirs, executors, administrators or
other legally appointed representatives, a corporation, partnership or other form of
business association;
(1 0) "Placing" means the distribution of fill on lands to establish a finished grade
higher or lower than the existing grade and "place" in relation to fill shall have the
same meaning;
(11) "Ponding" means the accumulation of surface water in an area not having
drainage there from where the lack of drainage is caused by the placing or dumping
of fill or the alteration of the grade;
(12) "Removal" means excavation or extraction of any fill which lowers the existing
grade, including soil stripping;
(13) "Retaining Wall" means a wall made of concrete or concrete product or other
material approved by the Chief Building Official designed to contain and support fill
which has a finished grade higher than that of adjacent lands;
(14) "Soil" means material commonly known as earth, top soil, loam, subsoil, clay,
sand or gravel or any combination thereof;
(15) "Swale" means shallow depression in the ground sloping to a place of disposal
for the purpose of providing a method of drainage of surface water;
(16) "Town" means the geographic limits of the Corporation of the Town of Aurora;
(17) "Zoning By-law" means the Town of Aurora Zoning By-law 2213-78 (as
amended or successor legislation thereto);
General Prohibitions
'
2. No person may place or dump fill or cause fill to be placed or dumped in the Town
except in accordance with this By-law.
3. No person may alter the grade or cause the grade of any land in the Town to be
altered except in accordance with this By-law.
4. Where a Permit has been issued, no person may place or dump fill or cause fill to
be placed or dumped and no person may alter the grade of any land or cause the
grade of any land to be altered in the Town except in accordance with the provisions
of that Permit.
Exceptions
5. The provisions of this By-law do not apply to the following areas and persons:
(1) where a regulation under the Conservation Authorities Act, R.S.O. 1990 (as
amended), is in force respecting the placing or dumping of fill or the alteration of the
grade in a specified area;
By-law Number 4751-05.P
Page 3 of9
(2) where the placing or dumping of fill or alteration of the grade is carried out by any
municipality, local board as defined in the Municipal Affairs Act (as amended), Crown
agency as defined in the Crown Agency Act (as amended) or by Ontario Hydro;
(3) where the placing or dumping of fill or alteration of the grade occurs by way of
license or permission obtained under applicable provincial or federal legislation,
including the Aggregate Resources Act (as amended) and the Environmental
Protection Act (as amended);
(4) to activities or matters prescribed by regulation enacted pursuant to the Municipal
Act (as amended) or pursuant to subsection 28 (1 )(f) of the Conservation Authorities
Act (as amended);
(5) to fill being placed on lands shown in a grading and drainage plan approved by
the Town in conjunction with subdivision, rezoning or site plan approvals, provided
the provisions of such approvals relating to fill are adhered to;
(6) where a building permit has been issued by the Chief Building Official for the
erection of a building or structure, and the site plan accompanying the building permit
application provides sufficient information to determine that the placing or dumping of
fill or alteration of grade conforms with the provisions of this By-law, provided the
provisions of such building permit related to fill are adhered to;
(7) where fill is placed on lands zoned for residential use within the meaning of the
Zoning By-law for the purpose of lawn dressing, landscaping, adding to flower beds
or vegetable gardens, provided that:
(a) the total amount of fill placed on the said lands does not exceed 50 m3 ; and
(b) there is no change in the location, direction or elevation of any natural or artificial
watercourse, open channel, swale or ditch used to drain land;
(8) where fill is placed or dumped in an excavation to the elevation of existing and
adjacent grade following the demolition or removal of a building or structure,
provided the provisions of subsection 6(4) are adhered to.
General Prohibitions and Regulations
6. No person may place or dump fill or cause fill to be placed or dumped and no
person may alter the grade of any land or cause the grade ofany land to be altered
in the Town in the following circumstances:
(1) where the owner or person in lawful possession of the land has not consented to
the placing or dumping of fill or to alteration of the grade;
(2) where the fill is placed or dumped or the grade is altered for storage purposes
and such storage is not permitted pursuant to the Zoning By-law;
(3) where the placing or dumping of fill or alteration of the grade will result in
changing any grade established by a grading and drainage plan approved by the
Corporation in relation to any subdivision, rezoning, site plan or building permit
approval and such placing or dumping of fill or alteration occurs without a Permit;
(4) where the fill includes material from the demolition of any structure or includes
"refuse" as that term is defined within the meaning of Town of Aurora Refuse By-law
3354-91 (as amended or successor legislation thereto) or includes toxic or
hazardous materials, glass or "sewage" within the meaning of Town of Aurora Sewer
Control By-law 3470-93 (as amended or successor legislation thereto);
By~law Number 4751-0S.P
Page 4 of9
(5) where the placing or dumping of fill or alteration of the grade would result in soil
erosion or soil pollution, blockage or siltation of any watercourse, pollution of any
watercourse, flooding or ponding on any land or detrimental effect on any
environmentally significant area or wetland complex;
(6) where the placing or dumping of fill or alteration of the grade would result in
detrimental effect on any healthy tree greater than 250 mm caliper or where the
placing or dumping of fill or alteration of the grade would not be in accordance with
the Town's Municipal Forestry Policy;
(7) where the placing or dumping of fill or alteration of the grade does not accord with
Town design standards and accepted engineering and environmental principles.
(8) where the placing or dumping of fill or alteration of the grade is on any land zoned
Environmental Protection pursuant to the Zoning By-law, unless approval therefore
has been issued by the Lake Simcoe Region Conservation Authority or a Permit has
been issued pursuant to this By-law.
(9) Notwithstanding any other provision of this By-law, where the placing or dumping
of fill will occur on lands or property which are outside of the approved urban
settlement boundary of the Town, as delineated by the Town's Official Plan, from
time to time unless the lands have achieved final development approvals in the
nature of an approved site plan or plan of subdivision or unless Council, by by-law,
exempts any lands from the application of this provision.
(1 0) where the fill placed or dumped, or to be placed or dumped, contains a
contaminant, or would cumulatively with other fill placed or to be placed on any one
site for which a permit or series of permits is issued or would be issued, contain a
contaminant in an amount, concentration or level in excess of that prescribed by the
regulations as may be enacted from time to time under the Environmental Protection
Act, R.S.O .. 1990, C. E.19, as amended.
(11) where the fill placed or dumped, or to be placed or dumped, contains any of the
following:
(a) lumber, pressure treated or otherwise;
(b) asphalt;
(c) scrap metal;
(d) pulp and paper products;
(e) ashes;
(f) garbage;
(g) refuse;
(h) domestic or industrial waste; or
(i) tires
7. No person may place or dump fill or cause fill to be placed or dumped and no
person may alter the grade of any land or cause the grade of any land to be altered
in the Town without a Permit where the volume of the fill being placed or dumped or
the volume of fill involved in the alteration exceeds fifty (50) cubic metres.
Issuance of a Permit
8. The Chief Building Official is hereby authorized and directed to issue a Permit for
a period not to exceed six (6) months in circumstances where applicants have
satisfied the requirements of this By-law.
· 9. An applicant for a Permit to dump or place or remove fill or to alter the grade of
land shall submit the following to the Chief Building Official:
(1) a completed application in the form prescribed from time to time by the Chief
Building Official in accordance with the information required in this By-law.
By•law Number 4751-05.P
Page 5 of9
(2) the applicable Permit fee as established by Council of the Corporation from time
to time;
(3) when required by the Chief Building Official in order to assess the impact of the
fill or alteration on the environment affected, a Fill-Control Plan, which shall include
any or all of the following as shall be specified by the Chief Building Official:
(a) a key map showing the location of each lot, including the nearest major
intersection and north arrow;
(b) the lot boundaries and number of hectares of each lot;
(c) the existing and proposed use of the land and the location and use of the
buildings and other structures adjacent to each lot;
(d) the location, dimensions and use of any building and other structures existing or
proposed to be erected on each lot;
(e) the location of lakes, streams, wetlands, channels, ditches, other watercourses
and other bodies of water on and within a minimum of thirty (30) metres beyond each
lot boundary;
(f) the Regional Storm Flood Plain and Conservation Authority Fill Regulation lines;
(g) the location and identification of the predominant existing soil types;
(h) the species, grade at base and size, in caliper, of all trees greater than 250mm in
caliper, all shrubs, trees and hedges within one (1) metre of the property line and
driveways on each lot and all easements and rights-of-way over, under across or
through each lot;
(i) the location and dimensions of any existing and proposed storm water drainage
systems and natural drainage patterns on and within a minimum of thirty (30) metres
beyond each lot boundary;
0) the location and dimensions of utilities, structures, roads, highways and paving
located within a minimum of thirty (30) metres beyond each lot boundary;
(k) the existing topography on each lot and extending a minimum of thirty (30) metres
beyond each lot boundary;
(I) the proposed final grades of each lot;
(m) the location and dimensions of all proposed land disturbance activities, including
construction of access roads;
(n) the location and dimensions of all temporary soil, dirt or fill stockpiles;
(o) the location, dimensions, design details and design calculations of all construction
site erosion control measures that may be necessary to minimize the impact of the
proposal;
(p) a schedule of the anticipated starting and completion dates of each land
disturbance or land development activity;
( q) provisions for the maintenance of the construction site erosion control and dust
control measures during construction and after as required;
(r) the scale of drawing, ranging from 1:250 to 1:1000 as deemed appropriate (each
drawing control plan to be in metres);
By-law Number 4751,05.P
Page 6 of9
(s) an indication on the drawing of directions of overland water flow and overland flow
route;
(4) proposed final grades and drainage system to be used upon completion of the
filling operation;
(5) a description of the proposed fill, including a list of the sources and geotechnical
reports as to content and quality prepared by qualified experts in that regard;
(6) a plan showing the design details to proper scale of any retaining wall that may
be required and the dimensions of any materials to be used in construction of such
retaining wall; and
(7) Security in the amount of $20,000 per hectare to secure performance of the work
for which the Permit is being applied. The Chief Building Official may draw upon the
security posted to recover the cost of the Town performing any required work which
the owner has failed to perform.
10. (1) The Chief Building Official may, prior to the issuance of a Permit, require the
owner and/or proposed Permit holder to enter into an agreement which may be
registered on title to the subject lands containing such requirements of this By-Jaw as
the Chief Building Official considers necessary to ensure that the placing or dumping
or removal of fill is done in accordance with the prevailing Town design standards
and proper engineering principles.
(2) Requirements contained in an agreement may include the owner and/or
proposed permit holder posting with the Town, the required security and where, in
the opinion of the Chief Building Official, extensive activities are proposed,
certifications by a geotechnical engineer or other similarly qualified person, both prior
to the issuance of a Permit and upon completion of the work. Such certifications shall
state that the owner and/or proposed Permit holder can and has complied with all of
the obligations and conditions contained in the applied for and issued Permit.
(3) The Chief Building Official may, contemporaneously with the issuance of a
Permit, prescribe any of the following conditions under which grading or the placing
or dumping of fill may be carried out under a permit:
(a) the maximum height of fill to be placed or dumping in any area or areas of any
lands;
(b) the maximum volume of fill to be placed or dumped in any area or areas of any
lands;
(c) notwithstanding any other provision of this By-law,further limiting and defining the
quality or type or source of fill to be placed on any area or areas of any lands;
(d) limiting the days and time of day during which grading, filling or dumping may
take place on any lands;
(e) prescribing the maximum rise of slopes, expressed as a percentage or ratio, for
fill placed or dumped on any lands and the maximum time in which those rises must
be achieved; and
(f) prescribing a date by which the grading filling or dumping must be completed.
11. The Chief Building Official may require a Permit applicant to install such site
remediation measures, including topsoil, seeding, sodding and installation of berms
and landscaping, as are necessary to minimize the visual impact of fill or grade
alteration proposals.
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Page 7 of9
11.1 No permit shall be issued for filling or dumping of greater than 1000 m3 of fill or
where the resulting proposed grade will be greater than 3 metres above adjacent
existing grade unless the proposed permit holder and owner of the lands subject to
the permit has provided the information set out in section 9 and has entered into an
agreement with the Town approved by the Town Council whereby the owner has
agreed to the following:
(a) To retain a qualified engineer or environmental consultant approved by the Chief
Building Official who is responsible for ensuring that the grading, filling or dumping is
in accordance with reasonable engineering and environmental practises, the plans
submitted for the permit and an environmental control program approved by the
Town, which program will include the following minimum criteria:
i) specialized training for site personnel;
ii) adequate onsite supervision and security;
iii) isolation of any discovered contamination;
iv) adequate fill screening procedures including chains of custody, visual inspections,
detailed recording of all hauling companies dumping on the site and completion of fill
inspection checklists for each load/truck entering the site; and
v) adequate groundwater monitoring procedures including routine laboratory
analyses of groundwater samples taken up, down and midstream of the site
continuing up to five years following site closure;
(b) To grade fill or dump in accordance with subsection (a) above;
(c) To require the environmental consultant to report in writing on a regular basis that
the grading filling and dumping is in accordance with subsection (a) above and to
provide data, tests and samples relied on for the purposes of making the said report
on request;
(d) To provide an Environmental Impact Study, prior to the issuance of a fill permit,
from the qualified Engineer or Environmental Consultant referred to in subsection (a)
above concluding that the grading filling or dumping will not result in:
(i) soil erosion;
(ii) blockage of a watercourse;
(iii) siltation in a watercourse;
(iv) pollution of a watercourse;
(v) flooding or ponding on abutting lands;
(vi) flooding or ponding caused by a watercourse overflowing its banks;
(vii) a detrimental effect on any trees of a caliper of seventy-five (75) millimetres or
more located on the lands; or
(viii) detrimental effect on matters of inherent biological sensitivity such as aquifer
recharge, water quality, local water wells, unusual plants or wildlife and overwintering
habitats.
(e) To provide ongoing monitoring and reports in writing on a regular basis from the
qualified Engineer or Environmental Consultant referred to in subsection (a) above
stating that he/she is satisfied that the grading filling or dumping has not resulted in
the contamination or pollution of water wells on lands adjacent to the lands on which
grading filling or dumping is or was taking place for a period of up to five years
following the cessation of grading filling or dumping;
(f) To install tire cleaning stations on the lands to control the tracking of mud and
debris onto Town and Regional roads; and
(g) to provide access to the property as and when required by the Town for the
purpose of taking soil and/or water samples
11.2 No permit or exemptions from the provisions of section 6(9) of this By-law shall
By-iaw Number 4751"05,P
Page 8 of9
be issued pursuant to section 8 unti.l Council has considered the permit application at
a public meeting, at which the applicant or any interested members of the public will
have a fair opportunity to make representation, notice of which shall be given to the
adjacent property owners and agencies in a similar manner to Regulation 199/96 of
the Planning Act.
1. (1) The Permit issued pursuant to this By-law shall be valid to the expiry date as
specified on the Permit by the Chief Building Official.
(2) A Permit which is no longer valid or which has expired pursuant to this By-law
may be renewed within a six month period from the date of expiry upon the making
of written application to the Chief Building Official accompanied by a payment of one
half of the original Permit fee, provided that the proposed work has not been revised.
(3) The issuance of a Permit by the Chief Building Official does not preclude the
owner's and Permit holder's responsibility to obtain all other approvals which may be
required by any level of government and agencies thereof.
(4) If the lands for which a Permit has been issued are transferred while the Permit
remains in effect the new owner of the lands shall forthwith advise the Chief Building
Official of such transfer and either:
(a) provide the Town with an undertaking to comply with all the conditions under
which the existing Permit was issued; or
(b) apply for and obtain a new Permit in accordance with the provisions of this By-
law.
2. A Permit may be revoked by the Chief Building Official under the following
circumstances:
(1) if it was obtained on mistaken, false or incorrect information;
(2) if it was issued in error;
(3) if the owner or Permit holder requests in writing, that it be revoked;
(4) if the terms of an agreement under this By-.law have not been complied with;
(5) if work authorized under the Permit has not been commenced prior to its expiry
date; or
(6) if an owner fails to comply with the provisions of this By-law.
3. Any person applying for a Permit shall have such rights of appeal to the Ontario
Municipal Board in relation to refusal thereof as are set out in the Municipal Act (as
amended).
Enforcement
4. The Chief Building Official and such Municipal Law Enforcement Officers as are
employed by the Corporations shall be "inspectors" within the meaning of section
223.1 of the Municipal Act (as amended) for the purposes of inspection pursuant to
this By-law and a certified copy of this By-law shall serve as a certificate of
designation for such purposes.
5. Inspectors are hereby authorized to carry out inspections in relation to this By-law
and are delegated such powers as are within the jurisdiction of the Corporation in
order to administer and enforce this By-law.
By.faw Number 4751•05.P
Page 9 of9
6. Each Inspector, in the performance of their responsibilities pursuant to this By-law,
shall observe the requirements set forth in section 11 (1) of the Municipal Act 2001(as
amended), including the giving of notice to those potentially in breach of this By-law,
together with an opportunity to make representations in that regard, prior to the
issuance of an Order, which shall set out a required date for compliance.
Remedies and Penalties
7. Every person who places or dumps fill or who causes fill to be placed or dumped
and every person who alters the grade of any land or who causes the grade of any
land to be altered in the Town in a manner contrary to this By-law shall remove such
fill and restore the existing grade of the land.
8. Where an owner of land fails to do any work required in an Order issued pursuant
to this By-law within the period specified, the Corporation may, by resolution or by-
law, determine to do the work and for this purpose may enter on the owner's land
with its employees and agents.
9. Notice of the costs incurred by the Corporation to perform any work required in an
Order issued pursuant to this By-law may be registered against the owner's land for
the purpose of giving notice of the Corporation's lien against such lands and may be
recovered by action or in like manner as municipal taxes.
1 o, Every person who contravenes any provision of this By-law is guilty of an
offence, pursuant to the provisions of the Provincial Offences Act, R.S.O. 1990, c.p.
33 (as amended) and, upon conviction, is liable to a fine of up to $5,000 or to the
maximum fine applicable pursuant to that legislation.
General Provisions
11. The provisions of this By-law shall apply to all lands and premises within the
Town of Aurora.
12. Should any section of this By-law be declared invalid by a court of competent
jurisdiction, such section shall be construed as being severed herefrom and the
remainder of the By-law shall continue in full force and effect.
13. The short title of this By~ law shall be the "Fill Control By-law".
14. This By-law shall be administered by the Chief Building Official.
15. The provisions of this By-law shall come into force and effect upon third reading
hereof.
1. That By-law 4242-00.P is hereby repealed.
READ A FIRST AND SECOND TIME THIS 13th DAY OF DECEMBER 2005.
READ A THJJ~D-1-lfJIE AND FINALLY PASSED THIS 13th DAY OF DECEMBER 2005.
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