Proposed Site Alteration By-Law

What is a Site Alteration By-law?

The City of Peterborough is proposing the implementation of a Site Alteration By-law (SABL), which is a municipal regulation afforded to municipalities through the Municipal Act, 2001 that governs how land can be modified within city limits. This regulatory tool is common practice among most single-tier municipalities across Ontario. It is intended to protect people, property and the environment from issues that can arise due to improper earth-moving operations.

Why Does Peterborough Need a Site Alteration By-law?

By implementing a site alteration bylaw municipalities can effectively regulate and control changes to the landscape by imposing conditions and permitting requirements related to earth-moving operations, the advantages of this by-law would include:

Environmental Protection: preserve natural features by preventing sediment and erosion and protecting sensitive ecosystems from uncontrolled site grading and fill operations.

Flood Prevention: ensure that land alterations are done in a way such that drainage routes are not obstructed.

Public Safety: ensure land alterations do not create hazardous conditions, such as unstable slopes.

Infrastructure Protection: ensure adequate protections and securities are in place to protect the City's infrastructure from damage associated with hauling operations.

Development Improvements: ensure proper design and documentation is provided related to erosion and sediment control and stormwater management for developments that may be exempt from approvals under the Planning Act. Streamline development projects that wish to begin site alterations in advance of completing a planning or building application where applicable.

Key Points of the Proposed By-law

The Site Alteration by-law is not intended to restrict common home landscaping activities provided these activities do not obstruct drainage routes, significantly alter grades or harm the natural environment. Exemptions will be granted for standard practices such as:

• Installing gardens
• Topdressing lawns
• Constructing walkways and patios
• Erecting sheds and fences
• Minor alterations to land grade

In the case of significant alterations, permitting requirements would apply, permit requirements would be based on the size of the alteration being proposed. Permit categories would be as follows:

Minor Alteration – Includes the import or export of 10m³ to 30m³ of material and a change in the elevation of the land greater than 150mm. Submission requirements to obtain a permit would be limited and may include a grading plan.

Intermediate Alteration – Includes the import or export of 30m³ to 500m³ of material or an area of alteration between 500m² to 5,000m². Submission requirements, in addition to the above, may include a design brief or soil characterization report, engineering drawings, and security fees.

Major Alteration – Includes the import or export of greater than 500m³ of material or an area of alteration greater than 5,000m². Submission requirements would be similar in scope to those required for site plan or subdivision approval and may include geotechnical and hydrogeological studies, identification of haul routes and mitigative measures, insurance certificates, and stormwater management reports.

Frequently Asked Questions

The following Q&A section has been created by City staff for the proposed by-law implementation and is subject to change through the consultation and engagement process.

Q. What happens with alterations that were done before the implementation of the proposed by-law?

A. The site alteration by-law would not apply to any alterations made prior to implementation. This exemption does not apply to other by-laws or regulations as applicable.

Q. How much will a permit cost for minor, intermediate and major alterations and what are the fees used for?

A. These fees vary widely from one municipality to another. In many cases, minor or intermediate alterations range from $200.00-$500.00 and major alterations can exceed $1000.00. Permit fees are typically used for administration and processing of permit applications.

Q. If I am installing a pool will I need a site alteration permit?

A. It depends, permit requirements are based on volume, grade change and area. If the installation of the pool exceeds the criteria outlined for the minor alteration category a permit would be required.

Q. How will I know if my proposed landscaping project or shed location is blocking a drainage route?

A. Subdivisions typically employ a drainage design that directs water away from building foundations through engineered swales, usually situated along property lines. To maintain these drainage features, the proposed by-law would require a permit for any grade alterations exceeding 0.15m in elevation or within 0.60m (2 feet) of the property line. If you're uncertain whether your project requires a permit, it's advisable to consult with city staff for clarification.

Q. How would the by-law be enforced?

A. For works that are exempt it is the property owner's responsibility to comply with the by-law. Where staff are made aware of a contravention of the by-law the property owner would be notified of corrective action and/or issued an administrative order in accordance with the Administrative Penalty System (AMP) by-law 20-073.

We want your feedback

Your input is vital in shaping this bylaw. Here's how you can get involved:

• Attend upcoming public information sessions (dates to be determined)
• Submit your feedback through the question and comment section below.

Your insights and opinions will help us create a balanced and effective regulation that serves the best interests of our community.

Together, we can ensure responsible land management and sustainable growth for Peterborough. Thank you for your participation in this important process.