Staff Report – Amendment to Soil Removal and Deposit Bylaw No. 1800 (Bylaw No. 1801) (Engineering)

Background

In June, 2017 the City completed a thorough review of the Soil Removal and Deposit bylaw, enabling new Bylaw No. 1800. The bylaw was reviewed with the support of the Westshore Developer Association (WSDA) with the goal to improve both staff’s ability to enforce soil removal and deposit permits as well as to aid developers to efficiently redevelop their land in keeping with Council’s goals for a vibrant community.

The purpose of this report is to provide background to some proposed amendments to Bylaw No. 1800. The proposed amendments are also supported by the WSDA.

Commentary

Section 4 of existing Bylaw No. 1800 addresses “exemptions”. An additional exemption is proposed in Bylaw No. 1801 for the situation when rock originating from a development site is taken to another site in Langford for processing and then the processed rock is returned to the same development site that it came from. In this case a soil permit is not required subject to the developer providing proof that this is the same rock and not other imported rock.

Section 5 addresses “permits” with references to the permit fees that are outlined in Schedule A. With development proceeding up into more steep terrain in the City, more rock is requiring removal than in past development years. This has resulted in much larger volumes of rock being transported from development sites.

Schedule A, Class C addresses fees for volumes of rock of more than 500m3 but has no maximum total volume of rock attributed to it. In consultation with the developers it has been determined that a maximum volume of 6,000m3 is an appropriate cap for the fee assessment, even when more than 6,000m3 is being removed/deposited. Therefore a new class has been established to address this maximum fee cap.

Staff are suggesting a combined amendment to the wording in Section 5 (Permits) and coincidentally to the Class C and new Class D type of permit such that soil removal permits would have a maximum fee of $3,000 for up to 6,000m3 of rock removed but the permit would expire after 90 days and only be allowed one extension of the 90 days as opposed to the four (4) extensions allowed for volumes less than 6,000m3.

Representatives of the WSDA have reviewed the suggested amendments.

Staff are suggesting that Council give first three readings to the Soil Removal and Deposit Bylaw, Amendment No. 1, Bylaw 1801, 2018.

Financial Implications

None noted.

Legal Implications

The bylaw amendment was reviewed by the City’s solicitor.

Options

That Council:

1. Give first three readings to Soil Removal and Deposit Bylaw, Amendment No. 1, Bylaw 1801, 2018

OR
2. Do nothing at this time with respect to Soil Removal and Deposit Bylaw, Amendment No. 1, Bylaw 1801, 2018

Respectfully submitted

Submitted by:
Michelle Mahovlich, P.Eng, P.Geo, Director of Engineering

Concurrence:
Matthew Baldwin, MCIP, RPP Director of Planning

Concurrence:
Lorne Fletcher, Manager of Community Safety and Municipal Enforcement

Concurrence:
Michael Dillabaugh, CPA, CA, Director of Finance

Concurrence:
Braden Hutchins, Director of Corporate Services

Concurrence:
Darren Kiedyk, Chief Administrative Officer