BY-LAW NO. 23290
WHEREAS the Council of the Town of Bedford is concerned about some negative aspects of uncontrolled alterations of the grade of land;
AND WHEREAS the Council of the Town of Bedford deems it wise for the Town to have a by-law to regulate changes in the topography, either during or following construction activity, which may create a negative environmental impact, may alter the aesthetics of the site or may create an unsafe condition.
BE IT RESOLVED by the Council of the Town of Bedford, pursuant to the Towns Act of Nova Scotia and pursuant to Chapter 58 of the Acts of 1987, the Bedford By-laws Act and pursuant to Chapter 56 of the Acts of 1989, an act to amend the Bedford By-laws Act, that the following be, and the same is, hereby enacted, in the Town of Bedford if and when the same has received the approval of the Minister of Municipal Affairs, and the Clerk be instructed to forward same to the Minister of Municipal Affairs with a request for his approval thereof.
A BY-LAW RESPECTING THE MOVEMENT OF TOPSOIL, THE MOVEMENT OF EARTH AND THE ALTERATION OF THE GRADE OF LAND
1. This By-Law shall be known as and may be cited as the "Grade Alteration By-Law".
2. In this By-Law all words have their usual meaning from dictionaries of the English language except the following defined words:
(a) "alter the grade of land" includes the movement of topsoil, the movement of earth or the movement of rock as well as the ordinary meaning of the phrase as determined from dictionary definitions and ordinary usage but does not include home gardening or installation of sewer laterals;
(b) "Clerk" means the Town Clerk;
(c) "Council" means the Council of the Town of Bedford;
(d) "Engineer" means the Director of Engineering and Works of the Town or one appointed, by the Town Clerk, to act in the capacity of the Engineer when the Engineer is absent;
(e) "movement" includes removal of material or the addition of material;
(f) "permit" means a Grade Alteration Permit;
(g) "topsoil" means any soil found above bedrock;
(h) "Town" means the Town of Bedford;
(i) "watercourse" means the bed and shore of every river, stream, lake, creek, pond, spring, lagoon, swamp, marsh, wetland, ravine, gulch or other natural body of water, and the water therein, including ground water, whether it contains water or not;
(j) "works" means the altering of the grade of land as well as the on-site construction of any berms, ditches, filters, settling ponds and any other facilities designed or intended to prevent erosion or to control and treat surface runoff.
3. (1) No person shall alter, or cause or permit the alteration of, the grade of land, within the jurisdiction of the Town of Bedford, without first obtaining from the Engineer a Grade Alteration Permit.
(2) No person shall continue to alter, or cause or permit the alteration of, the grade of land after a grade alteration permit has expired, without first renewing that permit pursuant to this By-law.
***4. The fee for a Grade Alteration Permit shall be Fifty Dollars ($50.00) per acre or part thereof.
5. The Grade Alteration Permit fee shall be non-refundable.
6. (1) To apply for a Grade Alteration Permit, the applicant shall pay the appropriate permit fee and shall provide a fully-completed application, on a form provided by the Town.
(2) Every such application shall be completed either by the owner of the land to which the permit relates or by a person acting on behalf of the owner of such land and the person completing the application shall be referred to, in this By-law, as "the applicant".
(3) In the event of an application which is signed and submitted by a person other than the owner of the land to which the permit relates, that person shall be designated as the applicant and shall provide written evidence of having the consent to act on behalf of the landowner.
(4) Every permit shall be issued in the name of the owner of the land to which the permit relates.
SINGLE FAMILY, SEMI-DETACHED OR DUPLEX DWELLING:
7. For a lot of land upon which it is proposed to construct a single family detached dwelling, a semi-detached dwelling or a duplex dwelling, the application shall include the following information:
(a) the name, address and phone number of the applicant;
(b) the name, address and phone number of any professional Engineer whose assistance may be required at any stage of the proposed works;
(c) the name, address and phone number of the landowner, if other than the applicant;
(d) the proposed future use of the land;
** (e) A site plan prepared either by a Registered Nova Scotia Land Surveyor, or a Registered Professional Engineer for the Province of Nova Scotia which shows:
(i) outside boundaries and measurements of the lot in question; and
(ii) by way of contour lines or by numerical reference, elevations throughout the lot as well as elevations of the first twenty (20) feet of any abutting lot or lots; and
(iii) the manner in which lot grading for the purposes of surface drainage control is to be implemented.
(f) if topsoil is to be removed, the depth to which it is proposed to do so;
(g) the extent of the alteration of the grade of land to be carried out;
(h) the effect, if any, of the alteration of the grade of land on adjacent lands;
(i) a detailed plan of the method of stabilization at the boundary of the lands proposed to be developed and any adjacent lands or at the boundary of the developed portion of the site and the remaining lands of the site;
(j) proposed protective measures to minimize erosion damage, caused by surface water, to the cut-face of any excavation or to any sloping surfaces of fill;
(k) entrances to and exits from the site;
(l) such other information as the Engineer may require to determine whether the application is complete and conforms to this By-law;
(m) any required information, which is already in the Town of Bedford files as a result of a subdivision application or otherwise, and which fits the requirements of this By-law, in the opinion of the Engineer, will be accepted under this By-law in order to avoid a duplication of requests for information from the applicant.
ALL OTHER DEVELOPMENTS:
8. For any land other than a lot of land subject to Section 7 above, the application shall include the following information:
(a) all of the information mentioned in Section 7 above;
(b) topographic survey plans showing:
(i) abutting land uses;
(ii) location of all watercourses on or in close proximity to, the site and which may be affected by the proposed works;
(iii) the existing drainage pattern on the site and the existing drainage pattern on areas of abutting lands which lie within twenty (20) feet of the boundary of the lands to be developed; and
(iv) the total extent of the proposed works indicating any stages which are proposed to be completed during the first and each subsequent phase;
(c) if facilities, such as berms, ditches, filters and settling ponds, are to be constructed, they shall be designed by a Profession Engineer and the application shall show the configurations, types and locations of such facilities;
(d) location of disposal site for fines recovered from such treatment facilities as are described in paragraph 8(c) above;
(e) the proposed program of maintenance for all facilities, if any, constructed pursuant to paragraph 8(c) above, during and after the alteration of the grade of land;
(f) the proposed configuration, method of stabilization, types and locations of all material stockpiled;
(g) the date at which it is proposed to commence the alteration of the grade of land and the duration of the works;
(h) the contractor, if any, engaged to do each stage of the works.
9. No Grade Alteration Permit shall be issued unless the following standards are met in the proposal:
(a) any excavation shall be accomplished so as to minimize the following:
(i) adverse effects upon the topography or soil conditions;
(ii) the potential for erosion;
(iii) cut and fill operations;
(b) Fill shall not encroach upon any watercourse or any constructed channels or ditches forming part of the works;
(c) Fill shall not encroach upon any adjacent property without proof of permission of the owner of same;
(d) Any alteration of the grade of land shall be undertaken in increments of workable size such that the increment can reasonably be expected to be completed within the time specified in the Grade Alteration Permit;
(e) The proposed method of stabilization at boundaries between altered lands and unaltered lands must be based upon sound environmental engineering principles, and in addition, the following must take place in the specific circumstances described:
(i) any slopes, resulting from the works, at any boundary between altered and unaltered lands shall receive hydro-seeding, other vegetative cover or any other standard slope stabilization method;
(ii) if any part of the work involves using rock as fill material, any boulder rock slope which remains after the completion of the works shall be graded to a maximum slope of 2:1 and have sufficient topsoil or other material added so as to create a stable slope which will support hydro-seeding or other vegetative cover;
(iii) the preceding subparagraphs (i) and (ii) of paragraph (e) of this Section do not apply to a mortar constructed wall, gabian basket wall, insitu rock-face wall or dry masonry wall;
(f) All facilities proposed or required under the By-law are to be in place prior to commencement of the remainder of the works;
(g) All liquid effluent, including surface runoff shall be controlled by appropriate facilities and the final effluent from said facilities shall show an arithmetic monthly average of suspended solids concentration of a maximum of twenty-five (25) milligrams per litre with a maximum acceptance concentration in any one sample of fifty (50) milligrams per litre.
10. (1) The Engineer may impose terms and conditions, on the face of the permit or attached to the permit, relating to the following:
(a) the period during which such permit shall be in effect, such period not to exceed one year from the date the permit is issued;
(b) methods of alteration of the grade of land, such conditions to reflect the standards outlined in Section 9 of this by-law;
(c) description of the timing of phases and the time frame within which the works is to take place, such conditions to reflect the standards outlined in Section 9 of this by-law;
(d) protective measures to be taken to prevent erosion and deposition of siltation on any public street, any watercourse or adjacent lands;
(e) the number of flagmen or traffic controls signals, if any, required in relation to the works;
(f) the method of stabilization of boundaries with abutting lands;
(g) the method of control of drainage from site to adjacent lands or to public streets; and
(h) appropriate protective measures to minimize erosion damage from surface water to the cut-face of excavations or the sloping surfaces of fill.
(2) The Engineer shall include, in its entirety, Schedule "A" which forms part of and is attached to this by-law, as a condition of every permit.
11. (1) The Engineer, before issuing a permit, may, when he considers it appropriate, refer the application to the Bedford Water Advisory Committee or the Bedford Planning Advisory Committee or both, and may also refer the application to the Department of Environment. In all cases the referrals will be requesting recommendations which relate to the requirements of this by-law and the Engineer shall consider those recommendations before issuing a permit and the Engineer may incorporate those recommendations into the terms and conditions imposed on the face of the permit.
(2) If the works are subject to permit requirements from the Department of Environment (N.S.), a copy of that permit shall be supplied to the Engineer before the applicant is eligible to receive a grade alteration permit.
PERMIT ISSUANCE OR REFUSAL:
12. Within fifteen (15) days of receiving an application, the Engineer shall notify the applicant that the application is complete or shall provide a list of information which is required in order to complete the application.
13. (1) Once the Engineer has all the information from the applicant and has the recommendations from any committee or the Department of Environment, the Engineer shall then issue or refuse to issue the grade alteration permit within thirty (30) days.
(2) In the case of the refusal of a grade alteration permit, the Engineer shall provide written reasons for so doing.
14. Any permit, once issued, shall be forwarded to the applicant, with a copy to the owner if different than the applicant, and shall be binding upon the applicant and upon the owner.
15. The owner of any lands to which a Grade Alteration Permit relates shall have the right to transfer or assign such permit after first advising the Town Engineer of the name and address of the person to whom the permit is being transferred or assigned.
16. In the case of works on lands which are being prepared for subdivision approval, the permit shall be limited to the parcel of land under consideration for subdivision approval and shall not apply to any individual subdivided lot.
17. A copy of any Grade Alteration Permit shall be posted in a conspicuous location on the lands to which the permit relates and shall remain so posted throughout the completion of the works.
18. (1) If the applicant is aggrieved by the refusal of the issuance of a permit or by the terms and conditions imposed by the Engineer or contained in Schedule "A", the applicant may appeal to the Council by giving notice in writing filed with the Clerk within thirty (30) days of the refusal, or the issuance on terms and conditions, of the permit, stating the grounds upon which the applicant appeals and a copy of such notice shall be delivered by the Clerk to the Engineer.
(2) The Council shall, within thirty (30) days after the filing of the notice by the applicant, hear such appeal and may grant the application upon such terms and onditions as are considered by the Council to be proper for the effective carrying out of the purposes of this By-Law.
(3) The Council may ask for recommendations from the Bedford Water Advisory Committee, the Bedford Planning Advisory Committee or the Provincial Department of Environment, before hearing any such appeal.
*19. (1) Every applicant for a permit, if the value of the works exceeds Two Thousand Five Hundred Dollars ($2,500.00), shall be required by the Engineer to file with the Town security, as described in subsection (3) of this Section, of Five Thousand Dollars ($5,000.00) for each acre of land, or part thereof, which is proposed to be the subject of an altering of the grade of land permit application and the purpose of such security is to secure compliance by the applicant, and owner if different than the applicant, with this By-law and with the terms and conditions contained in the permit and to secure the completion of the works described.
(2) Notwithstanding subsection (1), in the case of a lot which is subject o Section 7 of this By-law, the amount of the security shall be twenty percent (20%) of the value of the works to a maximum of Two Thousand Five Hundred Dollars ($2,500.00).
(3) The security referred to in this Section may consist of a bank draft, a certified cheque, an irrevocable letter of credit or other security acceptable to the Town of Bedford.
** (4) Any such security shall be released and returned to the applicant upon, the happening of one or the other of the following two events:
(a) Completion of all of the works. Completion to be determined by the Engineer and completion not be deemed to have taken place unless and until the application has submitted to the Engineer "as built" siteplans or a plot plan certified and prepared by either a Registered Nova Scotia Land Surveyor or a Registered Professional Engineer for the Province of Nova Scotia which plan is to indicate final lot grading; or
(b) Abandonment of the project before any work is commenced. Abandonment to be determined within the sole discretion of the Engineer.
(5) For the purposes of this section, the phrase "the value of the works" means an estimate of the actual cost of the works calculated as if the applicant were the average individual dealing with an objective third party at arm's length, and such value shall be established by the Engineer based on whatever combination of the following factors the Engineer feels is necessary to make such a determination: a review of the application, a review of the plans of the project, a visit to the site.
*20. Upon the expiration of a permit, the applicant or the owner may apply to have the permit renewed. The renewal fee shall be Twenty-Five Dollars ($25.00) or ten percent (10%) of the original fee, whichever is greater.
*21. In the event that a permit expires before the works are completed and neither the applicant nor the owner applies for a renewal of the permit within thirty (30) days of the expiry date, the Engineer shall have the right to call upon any security placed pursuant to this By-law in order to complete the works or, at a minimum, to environmentally stabilize the site.
*22. If the Engineer is satisfied that a term or a condition of a Grade Alteration Permit has not been complied with, the Engineer may cancel or suspend the permit.
*23. In the case of cancellation or suspension of a permit, the owner shall cease all work. Notwithstanding the foregoing, the owner shall stabilize the site, but before so doing, shall obtain written approval therefor from the Engineer.
*24. If neither the applicant nor the owner, within ten (10) days of a permit being cancelled or suspended, voluntarily carries out work to environmentally stabilize the site, the Engineer shall have the power to call upon the security placed pursuant to this By-law to have such work carried out.
*25. The Engineer shall not reinstate a permit until the reasons for the cancellation or suspension have been remedied or unless ordered to do so by motion of Council.
*26. The owner or applicant whose permit has been cancelled or suspended may appeal, within thirty (30) days of being notified of the cancellation or suspension, the decision of the Engineer to the Town Council. Council shall hear the appeal within thirty (30) days of the Town receiving the notice of appeal. The Notice of Appeal shall be in the form of a letter addressed to the Town Clerk giving details of the cancellation or suspension and reasons why it is felt to be unjust or unwarranted. Council, upon hearing the appeal, may:
(a) continue the suspension of the permit, indicating a time period and reasons for so doing and indicating what must be rectified by the applicant or the owner; or
(b) terminate the suspension of the permit and order the Engineer to reinstate the permit; or
(c) cancel the permit, giving reasons therefore, with the result that the permit becomes null and void.
*27. There shall be no refund of grade alteration permit fees under any circumstances.
*28. In the case of a permit which has been cancelled by Council, the owner shall cease all work. Notwithstanding the foregoing, the owner shall environmentally stabilize the site, but before so doing shall obtain written approval therefor from the Engineer.
*29. If a court of competent jurisdiction should declare any Section, or part of a Section, of this By-law to be invalid, such Section, or part of a Section, shall not be construed as having persuaded or influenced Council to pass the remainder of the By-Law and it is hereby declared that the remainder of the By-Law shall be valid and shall remain in force.
*30. Every person who contravenes any of the provisions of this By-Law, or who fails to comply with the terms or conditions of any permit issued under the authority of this By-Law is guilty of an offence and shall be liable, upon conviction, to a penalty of not more than One Thousand Dollars ($1,000.00) and not less than One Hundred Dollars ($100.00) and, in default of payment thereof, to imprisonment for a period not exceeding ninety (90) days and of not less than ten (10) days.
*31. (1) In the case of an alleged contravention of the provisions of this by-law, and in addition to any other legal remedy available, Council may direct the Clerk to prepare a written Notice (which identifies the contravention and directs what must be done to remedy the contravention) and to serve such Notice on the owner, and the applicant if different than the owner, requiring that person or persons to remedy the contravention of the By-law within ten (10) days after the Notice has been served.
(2) In default of the remedying of the contravention described in the Notice within the ten (10) day time period, every day during which the violation continues, after expiration of the ten (10) day time period, is deemed to be a fresh offence.
(3) Where is it is impractical for any reason to personally serve a Notice referred to in subsection (1), the Notice may be served by taking such steps as a Judge of the rial Division of the Supreme Court, by order, prescribes to bring that Notice to the attention of the person to be served.
*32. In the case of an alleged violation of this By-law of a continuing nature, in addition to any other remedy and to any other penalty imposed, Council may direct the Clerk to apply to a Judge of the Trial Division of the Supreme Court, by way of action or originating notice for an injunction ordering the person violating to cease the violation and the Judge may make any order that in the Judge's opinion the justice of the case requires.
*33. By-law No. 40 of the Municipality of the County of Halifax By-laws, which has been in operation in the Town of Bedford pursuant to an order issued under the Municipal Boundaries and Representation Act, is hereby repealed for all areas within the jurisdiction of the Town of Bedford.
APPROVED BY TOWN COUNCIL ON
MARCH 13, 1989.
APPROVED BY MINISTER OF
*AMENDMENTS APPROVED BY TOWN
COUNCIL ON NOVEMBER 27, 1989.
*AMENDMENTS APPROVED BY
MINISTER OF MUNICIPAL AFFAIRS
ON APRIL 5, 1990.
**AMENDMENTS APPROVED BY
TOWN COUNCIL ON OCTOBER 26,
**AMENDMENTS APPROVED BY
MINISTER OF MUNICIPAL AFFAIRS
ON NOVEMBER 4, 1993.
***AMENDMENTS APPROVED BY
TOWN COUNCIL ON MAY 24, 1994.
***AMENDMENTS APPROVED BY MINISTER OF MUNICIPAL AFFAIRS ON JUNE 10, 1994.
. SCHEDULE "A" STREET USE STANDARDS
1. Every holder of a permit shall ensure that any street bordering the work site is kept:
(a) safe for vehicular and pedestrian traffic at all times; and
(b) free of all refuse and materials whether excavated or otherwise.
2. No person shall throw, pile, deposit or place upon any street, road, sidewalk, lane, riverbank or public place any earth, wood, lumber or other substance or material whatsoever.
3. No person shall transport any material in a manner which allows that material to spill onto a street.
4. No person shall engage in any activity which causes any damage to any street, curb or catchbasin.
5. No person shall operate a vehicle in a manner which allows dirt, mud or any other substance to be carried from an abutting property by the wheels of the said vehicle or vehicles and to be deposited upon a street.
6. No person shall:
(a) burn any substance on a street; or
(b) manufacturer, repair or clean any material, vehicle or object on a street; or
(c) permit the residue of any such activity mentioned in this section to flow into or onto any street.