Site Alteration Guide

Site Alteration By-law Guidelines

 

Metro Vancouver cities target illegal fill dumping on farmland – Abbotsford  NewsThe Township's Site Alteration By-law 22/2021  provides a clear regulatory framework for the importation, exportation of fill or the alteration of grading of land within the Township of Guelph/Eramosa.

The Township of Guelph/Eramosa requires that a Site Alteration Permit is obtained anytime the existing grading of the land is altered by more than ten (10) centimetres.

The Township issues two types of Site Alteration Permits, a Small Scale and a  Large Scale Site Alteration Permit.

1. A Small Scale Site Alteration permit includes the placing or dumping or removal of fill or the alteration of the existing grade involving 1000 cubic metres (approximately 100 truckloads) or less of fill or where the existing grade of the land will increase or decrease by 1 metre or less.

2. A Large Scale Site Alteration permit includes the placing or dumping or removal of fill or the alteration of the existing grade involving more than 1000 cubic metres (approximately 100 truckloads) of fill or where the existing grade of the land will increase or decrease by more than 1 metre;

Inquires pertaining to Site Alteration permits or regarding complaints should be directed to By-law Enforcement Department. You may contact By-law Enforcement by phone at 519-856-9596 Ext: 121, or by email at bylaw@get.on.ca

FAQ – Frequently Asked Questions

If you are placing, moving, or removing fill on your property that will alter the grading of the land by more than 10 cm (centimetres) you will need a Site Alteration Permit.

If you are placing or removing less than 50 cubic metres of fill, and the following Exemption Requirements are met, you are exempt, and do not require a Site Alteration Permit:

a. The ground elevation of the lands is not increased or decreased by more than thirty (10) centimetres

b. There is no change in the location, direction, or elevation of any natural or artificial watercourse, swale, or ditch used to drain land

c. The site alteration does not take place within one (1) metre of any property line

The list of exemptions for site alteration permits may be found in Section 2 (GENERAL AND EXEMPTIONS):

2.2   This By-law does not apply to:

(a)    activities or matters undertaken by the Township or the County or a local board of the Township or the County where a Municipal Class Environmental Assessment is required under the Environmental Assessment Act, R.S.O. 1990, c. E. 18, as amended;

(b)    the placing or dumping of fill, removal of topsoil or alteration of the existing grade of land:

                         i) imposed after December 31, 2002 as a condition to the approval of a Site Plan, a draft Plan of
              Subdivision or a Consent  under section 41, 51 or 53, respectively, of the Planning Act or as a
              requirement of a Site Plan Agreement, Pre-servicing Agreement or Subdivision Agreement,
              Consent Agreement or Condominium Agreement entered into under those sections;

 

         ii)     imposed after December 31, 2002 as a condition to a Development Permit authorized by regulation made under section 70.2 of the Planning Act or as a requirement of an agreement entered into under that regulation;

 

        iii)     undertaken by a Transmitter or Distributor, as those terms are defined in section 2 of the Electricity Act, 1998, S.O. 1998, c. 15 for the purpose of constructing and maintaining a Transmission System or a Distribution System, as those terms are defined in that section;

 

        iv)    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;

 

        v)     undertaken on land in order to lawfully establish and operate or enlarge any pit or quarry on land,

     a)      that has not been designated under the Aggregate Resources Act or a predecessor of that Act, and

    b)      on which a pit or quarry is a permitted land use under a by-law passed under section 34 of the Planning Act;

 

        vi)    undertaken as an incidental part of drain construction under the Drainage Act or the Tile Drainage Act 2001, c. 25, s. 142 (5); 2002, c. 17, Sched. A, s. 30 (2, 3);

 

(c)    the removal of topsoil from agricultural lands incidental to a normal agricultural practice including such removal as an incidental part of sod-farming, greenhouse operations and nurseries for horticultural products but does not include the removal of topsoil for sale, exchange or other disposition;

 

(d)    the use, operation, establishment, alteration, enlargement or extension of a waste disposal site within the meaning of Part V of the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended;

 

(e)    construction of a building or structure pursuant to a valid building permit issued under the Ontario Building Code and the Building Code Act, 1992, S.O. 1992, c. 23, as amended provided that the site grading plan accompanying the building permit application provides sufficient information to determine that the placing or dumping of fill conforms with the provisions of this By-law, and the amount of fill to be dumped or placed pursuant to the building permit does not exceed two hundred (200) cubic metres, and excavation and backfilling occurs within ten (10) metres of the building or structure and is incidental to the construction of the building or structure;

 

(f)     the placing or dumping of fill, removal of topsoil or alteration of the existing grade of land for the purpose of lawn dressing, landscaping, driveway re-surfacing or adding to flower beds or vegetable gardens, provided that:

i)    the existing grade of the land is not increased by more than ten (10) centimeters;

ii)   there is no significant change in the direction or rate of drainage to a neighbouring property;

iii)   it does not take place within 0.6 meters of any lot line; and

iv)  only soil, stone, sod or other material acceptable to the Director is used and provided that such material is clean and free of any glass, plastics, metals, termites, invasive species and/or their eggs or seeds, concrete, asphalt, garbage or any contaminants or putrescible organic material that would degrade the pre-existing conditions of the land.

 

(g)    the placing or dumping of fill, removal of topsoil or alteration of the existing grade for the installation of an outdoor swimming pool, including decking provided that an outdoor pool enclosure permit is obtained from the Township pursuant to the Township’s Fence By-law and any amendments thereto.

Yes, the construction or enhancement of a pond involves alteration to the gradin of the land on your property, and depending on the amount of fill you import, export or move around on your property you will require either a Small Scale Site Alteration Permit (<1000 m3 or around 100 truckloads) or a Large Scale Site Alteraiton Permit (>1000m3 or more than 100 truckloads) off ill.

You may also require furher permits from the Grand River Conservation Authority (GRCA), or the Ministry of Transportation of Ontario (MTO).

Fill” means any type of material deposited or placed on or removed from a site and includes but is not limited to earth, soil, topsoil, stone, brick, concrete, asphalt, sod or turf, either singly or in combination;

The Site Alteration Permit is determined based on the type of permit you require. (2022 Fee Schedule)

Site Alteration

Item

Small Scale Site Alteration

Large Scale Site Alteration

Permit Fee

$590 plus ¢0.10/m fill/topsoil,  placed (inspection and review not included)

 

$1440 plus ¢0.10/m fill/topsoil,  placed (inspection and review not included)

Work Done Without Permit
Permit Fee

Double permit fee charged.

Double Permit fee charged.

Renewal Fee

$590

$1440

Revision Fee

Based on Fees Incurred from the Engineer, plus $150 Administrative fees

Appeal Fee

$350

$350

Certification of Compliance

$100

$100

Additional Inspection Fees

Based on Fees Incurred from the Engineering company

Additional Inspection Fees

Security Deposit

Minimum security deposit of $1,000 for small scale site alteration, and  $6,000 for large scale site alteration.

Security deposit will be used to pay any outstanding amounts owed in relation to the permit, may be registered on title, and must be in the form of irrevocable letter of credit, cash or cheque to cover 100% of the estimated cost to maintain site control measures, stabilize the site and undertake other works as identified by the permit.

 

BUILDING AND DEMOLITION 

These projects are generally exempt and do not require a Site Alteration Permit, provided all Exemption Requirements are met.

It should be noted that other permits (i.e. Building Permits, or a Pool Enclosure Permit) may be required.

No, as long as the placing or dumping of fill conforms with the provisions of the Site Alteration By-law, the Building Code Act, and the amount of fill to be dumped or placed pursuant to the building permit does not exceed two hundred (200) cubic metres, and excavation and backfilling occurs within ten (10) metres of the building or structure and is incidental to the construction of the building or structure.

 

 PERMITS AND EXPIRY 

Yes, as long as the owner completes the consent portion of the Site Alteration Permit application.

Please refer to the ‘Site Alteration Permit Checklist’ for each type of permit found on the Site Alteration Permit application form here.

The Township aims to review and provide a response to all applications within 10 to 15 business days.

Work must start within six months of the Site Alteration Permit being issued or the Site Alteration Permit will expire. If work has commenced within six (6) months, the Site Alteration Permit will expire based on the following schedule:

Expiry

1. A small scale site alteration permit shall be valid for a period of one (1) year from the date the permit is issued.

2.  A large scale site alteration permit shall be valid for a period of two (2) years from the date the permit is issued.

Yes. It is subject to review and approval of a complete Site Alteration Permit renewal application and required fees.

Extension

 An owner may request an extension to the expiry date of a permit upon submitting a written request outlining the reasons an extension is required to the Director with payment of the extension fee in accordance with the Township’s Fees and Charges By-law in the case of:

        (a)    a small scale site alteration permit up to six (6) months in advance of the expiry date; or

        (b)    a large scale site alteration permit up to one (1) year in advance of the expiry date.