DocumentsBylawAug 20, 2018Pages 166–169
BYLAW NO. 1801 – Soil Removal and Deposit Bylaw, Amendment No.1 (Bylaw 1801, 2018) (First, Second & Third Readings)
Bylaw No. 1801 proposing an amendment to the Soil Removal and Deposit Bylaw presented for all readings.
Key facts
- Bylaw No.: 1801
- Subject: Soil Removal and Deposit Bylaw, Amendment No. 1
- Agenda item: 10.f (First, Second and Third Readings)
CITY OF LANGFORD
BYLAW NO. 1801
A Bylaw to Amend the City of Langford Soil Removal and Deposit Bylaw
The Council of the City of Langford, in open meeting assembled, hereby enacts as follows:
PART 1: AMENDMENTS
1.
City of Langford Soil Removal and Deposit Bylaw, 2017, No. 1800, is amended as follows:
(a) at the end of section 4, add subsections (c), (d) and (e) as follows:
c. A Soil permit is not required when a volume of rock is being removed from a development site to be processed at an offsite location if that same rock, after being processed, is returned in the same or substantially the same volume to the original development site, for use exclusively on that development site.
d. If Soil is removed from a parcel of land within the geographic boundaries of the City, and substantially the entire amount of soil removed is deposited on another parcel of land within the geographic boundaries of the City, only one (1) Soil permit is required, all applicable fees, charges or expenses, including but not limited to: i. Soil permit fees; ii. highway damage deposits; iii. permit extension fees; and iv. any repair costs required by this Bylaw, but excluding fines arising from violations of this bylaw, shall be born in equal shares by the owner(s) of the parcels, and the owners shall be jointly and severally liable to the City under Section 7 of this bylaw.
e. If requested by the City Engineer, any person relying on an exemption in this section, or that person’s agent, must, within seven (7) days, properly execute and provide the City with a statutory declaration, in a form satisfactory to the City Engineer, attesting that the person is currently complying with or has complied with, as the case may be, the conditions applicable to the exemption that the person is relying upon.
(b) delete and replace section 5 (d) with:
d. Every Soil permit shall expire on the date that is the number of days specified in the applicable “EXPIRY” column of Schedule A from the start date indicated on the permit, and where the Soil permit has not already expired, the City Engineer may approve extensions beyond the expiry date as follows: i. where a Soil permit is for a total volume less than 6000 m3, up to four (4) consecutive 90-day extensions of the Soil permit may be granted on payment of the appropriate administration fee, specified in the “Permit Fee” column of Schedule A, for each extension; and ii. where a Soil permit is for a total volume greater than or equal to 6000 m3, one (1) 90-day extension may be granted on payment of the appropriate administration fee, specified in the “Permit Fee” column of Schedule A, for each extension. If more than 180 days is required then a new permit must be applied for with both the administration fee and the appropriate volume or flat fee applicable.
- The Bylaw is further amended in Schedule A by deleting the table in Schedule A and replacing it with the following table:
| CLASS | TYPE of PERMIT, based on soil volume | Permit Fee | Highway Damage Deposit (if required*) | EXPIRY |
|---|---|---|---|---|
| A | Greater than 100 m3 but less than 300 m3, for the construction of a Single-Family Dwelling | $250 administration fee | $500 | 120 days |
| B | Greater than or equal to 100m3, but less than 500m3 | $65 administration fee plus $0.50 per m3 of soil to be removed or deposited | $750 | 90 days |
| C | Greater than or equal to 500m3 but less than 6000m3 | $100 administration fee plus $0.50 per m3 of soil to be removed or deposited to a maximum of $3000 | $1000 | 120 days |
| D | Greater than or equal to 6000 m3 | $100 administration fee plus a flat fee of $3000 | $1000 | 90 days |
| E | Commercial Soil Enterprise | $500 per operation paid at application or renewal of business license | n/a | 1 year |
*A highway damage deposit is not required for a soil permit if a highway damage deposit has already been paid in conjunction with a building permit or subdivision approval application for the property.
PART II: SHORT TITLE
This Bylaw may be cited as “Soil Removal and Deposit Bylaw, Amendment No. 1, Bylaw 1801, 2018”.
READ A FIRST TIME this day of , 2018.
READ A SECOND TIME this day of , 2018.
READ A THIRD TIME this day of , 2018.
ADOPTED this this day of , 2018.
MAYOR
(Certified Correct)
CORPORATE OFFICER