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Bylaw 1989-2010

Erosion and Sediment Control Bylaw, 2010

Consolidated and printed by authority of the Corporate Officer under section 139 of the Community Charter. Includes amendment bylaws 2561-2016 . Last amended June 27, 2016

Contents
 1 Citation
 2 Interpretation
Part I — Application and Prohibition
 3 Application
 4 Prohibition against discharge
Part II — ESC Submission Requirements
 5 ESC submission requirements
 6 Exemptions from ESC submission requirements
 7 Sign requirements
Part III — ESC Plan Requirements
 8 ESC Plan
Part IV — Monitoring and Reporting
 9 Monitoring and reporting
Part V — Offences, Enforcement and Penalties
 10 Offences and enforcement
 11 Notice to comply
 12 Offence and penalties
 13 General provisions
Schedule "A"

WHEREAS Council deems it in the best interest of the environmental well-being of the community that the streams, creeks, waterways, watercourses, ditches, storm sewers and drains that make up the City's drainage system be protected from pollution, obstructions and sediment laden water;

NOW THEREFORE the Council of the City of Abbotsford in open meeting assembled, ENACTS AS FOLLOWS:

Citation

1   Bylaw No. 1989-2010 may be cited as "Erosion and Sediment Control Bylaw, 2010".

Interpretation

2   (a) Schedule "A" contains definitions of terms used in this bylaw.

(b) Words or phrases defined in the British Columbia Interpretation Act, Community Charter or Local Government Act or any successor legislation, shall have the same meaning when used in this bylaw unless otherwise defined in this bylaw.

(c) In this bylaw, unless the context otherwise requires, the singular shall include the plural and the masculine includes the feminine gender.

(d) The headings contained in this bylaw are for convenience only and are not to be construed as defining, or in any way limiting, the scope or the intent of the provisions of this bylaw.

Part I — Application and Prohibition

Application

3   The provisions of this bylaw apply to all Development occurring in the City except as follows:

(a) this bylaw shall not apply to lands within the Provincial Agricultural Land Reserve except where the proposed Development is regulated by a City bylaw and requires a Permit; and

(b) this bylaw does not apply to Operations and Maintenance provided that the City at all times utilizes best management practices for erosion and Sediment control.

Prohibition against discharge

4   (1) No person shall discharge, or cause, suffer or permit another person to discharge Sediment or Sediment Laden Water, either directly or indirectly, into the Drainage System.

(2) Without limiting the generality of Section 4 (1) , no person shall discharge or cause, suffer or permit the discharge into the Drainage System, either directly or indirectly, of water which has a Turbidity level greater than 25 NTUs or which exceeds the Turbidity limits set by Fisheries and Oceans Canada, whichever is the most restrictive.

(3) Despite Section 4 (2) , where a Significant Rainfall Event has occurred within the preceding 24 hours and a Developer is carrying out Development where an ESC Supervisor was identified to the City and, in writing, accepted responsibility for undertaking a water quality monitoring program as outlined in the City publication entitled 'Responsibilities of the ESC Supervisor', a copy of which will be provided upon request; then, water with a Turbidity level greater than 25 NTU may be discharged into the Drainage System during a 24-hour grace period provided that no discharge into the Drainage System may exceed 100 NTU.

(4) Where, in the opinion of the General Manager, site conditions, weather, soil conditions, existing ground cover, topographic features or other relevant site conditions make compliance with the Turbidity limits established under Sections 4  (2) and  4  (3) impractical or impossible, the General Manager may, subject to any terms or conditions imposed by the General Manager, allow the discharge of water having Turbidity levels higher than allowed under Sections 4  (2) and  4  (3) .

Part II — ESC Submission Requirements

ESC submission requirements

5   Every person who proposes to carry out Development having a Developable Area of 2000 m2 or larger shall first:

(a) submit to the City, a completed and signed ESC Submission Form in the format prescribed for that purpose by the City from time to time, accompanied by:

(i) an ESC Plan prepared in accordance with the requirements of Part III of this bylaw; and

(ii) a completed and signed ESC Supervisor Letter of Appointment in the form prescribed for that purpose by the City from time to time;

(b) obtain from the City a Permit before carrying out any Development activity on the land; and

(c) post signage on the land in accordance with Section 7 .

Exemptions from ESC submission requirements

6   (1) The General Manager may waive one or more of the requirements of Section 5 where in the opinion of the General Manager the proposed Development:

(a) is in response to an emergency; or

(b) is unlikely to negatively affect the Drainage System, having regard to the following factors:

(i) development timing and schedule;

(ii) the size of the proposed building or structure;

(iii) soil conditions;

(iv) existing ground cover, including trees, gravel and other features;

(v) topographical conditions; and

(vi) location of the proposed Development with respect to the perimeter of the parcel of land.

(2) The ESC Submission requirements of Section 5 do not apply to a Development having a Developable Area of less than 2000 m2 or to Development granted an exemption under Section 6  (1) , provided that the Developer:

(a) takes all necessary precautions to ensure that the Development does not result in a contravention of Section 4 of this Bylaw respecting water quality criteria; and

(b) utilizes the best management practices for erosion and sediment control established in the City publication entitled "Erosion and Sediment Control (ESC) Bylaw, Best Management Practices", a copy of which shall be provided upon request.

Sign requirements

7   Where the requirements of Section 5 apply, the Developer shall ensure that, until the ESC Supervisor has provided the written notice to the City required by Section 8 (3) , a sign must be displayed on the Development site, and such sign must:

(a) indicate that the information provided is for Erosion and Sediment Control concerns;

(b) display the name and telephone number of the responsible ESC Supervisor;

(c) be posted at the entrance of the Development site on a post;

(d) be a minimum size of 60 cm by 90 cm; and

(e) have lettering that is a minimum 5 cm high.

Part III — ESC Plan Requirements

ESC Plan

8   (1) All ESC Facilities shall be designed in accordance with Part III of this Bylaw, the Guidelines and the City publication entitled "Erosion and Sediment Control (ESC) Bylaw: How The ESC Bylaw Applies to Development Sites 2000m2 and Larger", a copy of which shall be provided upon request.

(2) Every ESC Plan shall:

(a) be prepared by an ESC Supervisor;

(b) consist of a multi-stage plan that conforms to the City's CAD Drawing format and shows the measures for erosion and sediment control during the following phases (where applicable):

(i) land clearing, grubbing and grading;

(ii) the installation of services or infrastructure;

(iii) the building construction; and

(iv) the Warranty Period, and

(c) include the following information:

(i) proposed measures to address the erosion and sediment control requirements for clearing limits, cover measures, perimeter protection, traffic area stabilization (including detailed design of any necessary wheel washes), Sediment retention, surface water control and dust control, with source controls being the primary method of erosion and sediment control;

(ii) location(s) of limits of disturbance for each of the phases of Development;

(iii) the location of all proposed ESC Facilities to be implemented on site, including site access locations, Sediment ponds and any necessary wheel wash facilities;

(iv) for each ESC Facility, the design and installation specifications and maintenance requirements;

(v) for ESC Plans utilizing Treatment Chemicals, technical specifications including ecological toxicity data from the Treatment Chemical manufacturer;

(vi) the proposed methods to restore disturbed areas following the completion of Development;

(vii) all other details pertaining to the proposed Development, describing how the ESC Facilities will meet the water quality requirements and Turbidity levels established under this Bylaw;

(viii) locations of property line(s) and other legal designations of the subject property or properties;

(ix) location(s) of existing underground services, as well as any proposed connections to existing services from the site;

(x) location(s) of existing drainage infrastructure and the proposed measures to protect it;

(xi) location(s) of existing and proposed watercourses, ditches, swales or other bodies of water within 50m of the site boundaries, along with the proposed protection measures;

(xii) location(s) of existing and proposed buildings, including residential buildings or ancillary buildings or structures; and

(xiii) existing and proposed contours and relevant spot elevations.

(3) The Developer shall ensure that all Developer-installed ESC Facilities described in the ESC Plan are constructed, implemented, installed and maintained at all times during Development until such time as the ESC Supervisor delivers written notice to the City that all Development at the Development site is completed, the site is stable and under control and no longer poses a threat to the Drainage System and the ESC Facilities may now be safely removed, provided that a Developer shall not be responsible for the actions or activities of a subsequent builder or Developer on any portion of the Development site, ownership of which was transferred to such builder or Developer.

Part IV — Monitoring and Reporting

Monitoring and reporting

9   (1) The ESC Supervisor identified by the Developer on the ESC Submission Form shall be responsible for the implementation of the ESC Plan and associated monitoring and maintenance.

(2) The ESC Supervisor must, in accordance with his or her obligations under the ESC Supervisor Letter of Appointment submitted to the City in accordance with Section 5 (1):

(a) be responsible for inspecting, maintaining, monitoring and reporting on the ESC Facilities;

(b) maintain a logbook of all inspections which shall be carried out in accordance with the City publication entitled "Responsibilities of the ESC Supervisor", a copy of which shall be provided upon request; and

(c) make the logbook available to the General Manager, upon request.

Part V — Offences, Enforcement and Penalties

Offences and enforcement

10   (1) An Inspector may enter upon any site where Development is taking place, at all reasonable times, to carry out such inspections and tests as are reasonably necessary to ascertain whether such Development complies with the provisions of this bylaw and every Permit issued by the City for the site.

(2) With respect to entries under Section 10.1 of this bylaw, no person shall interfere with or obstruct such entry of an Inspector into or onto any property.

Notice to comply

11   (1) Where a person fails to comply with the terms and conditions of this bylaw or of a Permit issued in respect of a Development site, the General Manager may serve on such person a Notice to Comply requiring the person to remedy the non-compliance within 24 hours, or, if in the opinion of the General Manager special circumstances exist, by a date specified by the General Manager in the Notice to Comply.

(2) Service of a Notice to Comply is sufficient if a copy of the Notice to Comply is served personally on, or mailed by prepaid registered mail, to the address of:

(a) the property owner, as set forth in the assessment roll for the City; and

(b) where a Permit was issued, the holder of the Permit or the ESC Supervisor as designated on the ESC Submission Form;

and such notice shall be deemed served on the same day if served personally, or on the third business day after mailing.

(3) Following issuance of a Notice to Comply, all Development on the site shall immediately cease, except for those works necessary to achieve compliance with the Notice to Comply. Prior to the resumption of Development or removal of a Notice to Comply, an ESC Supervisor must submit an inspection report to the City detailing the steps that were undertaken to achieve compliance with the Notice to Comply and confirming that the Development is currently in compliance with both this bylaw and all Permits issued by the City in respect of the Development site.

(4) If the Developer or holder of a Permit for the Development site fails to comply with a Notice to Comply, the City may, but shall have no obligation to, utilize all or part of the security deposit provided to the City in conjunction with the issuance of the Permit and, either by itself or through its agents or contractors, enter upon the Development site together with all necessary workers, equipment and vehicles and take whatever works or action the City considers necessary to carry out any remedial works, or other actions necessary to protect the Drainage System from Sediment or Sediment Laden Water. If the amount of the security deposit is insufficient for such purposes, the Developer or the holder of the Permit shall forthwith pay any deficiency to the City immediately upon receipt of the City's invoice for the work, failing which, the amount of such costs may be added to the property taxes for the Development site and collected in the same manner and with the same remedies as property taxes.

(5) The City may concurrently pursue any other legal remedy available to it including, without limitation, issuing violation tickets or prosecution under Section 12 of this bylaw, and the pursuit of any such remedy shall not relieve the Developer or Permit holder from the obligation to remedy the non-compliance within 24 hours or within such time period as may be established in the Notice to Comply.

(6) A person who fails to comply with a Notice to Comply within the time established in the Notice to Comply commits an offence against this bylaw.

Offence and penalties

12   Notwithstanding the offence and penalties as provided under the Community Charter or Local Government Act, the following will apply:

(a) a violation of any of the provisions identified in this Bylaw will result in liability for penalties and late payment amounts established in the City's Bylaw Notice Enforcement Bylaw, 2007, and Municipal Ticket Information Bylaw, 2007;

(b) a violation of any of the provisions identified in this Bylaw will be subject to the procedures, restrictions, limits, obligations and rights established in the Bylaw Notice Enforcement Bylaw, 2007, in accordance with the Local Government Bylaw Notice Enforcement Act, SBC 2003, c. 60;

(c) a person who:

(i) contravenes, violates or fails to comply with any provision of this Bylaw;

(ii) suffers or allows any act or thing to be done in contravention or violation of this Bylaw; or

(iii) fails or neglects to do anything required to be done under this Bylaw,

is deemed to have committed an infraction of, or an offence against, this Bylaw; and is liable on summary conviction to a fine of not more than Ten Thousand Dollars ($10,000.00); and

(d) each day such infraction is caused, or allowed to continue, constitutes a separate offence.

B/L 2561-2016

General provisions

13   (1) In the event that any particular provision or part of a provision of this bylaw is found to be invalid or unenforceable, it shall be severed and the validity of the remaining provisions shall not be affected.

(2) The schedule attached to this bylaw shall be deemed to be an integral part of this bylaw and enforceable as part of this bylaw.

(3) In this bylaw, wherever the singular or the masculine is used, the same shall be construed as meaning the plural or feminine or body corporate or politic where the context or the parties hereto so require.

(4) In the event of any conflict or inconsistency between the terms, conditions or requirements of this bylaw and those contained in Development Bylaw, 2006, this bylaw shall prevail.

READ A FIRST TIME on June 21, 2010 READ A SECOND TIME on June 21, 2010 READ A THIRD TIME on June 21, 2010 ADOPTED on July 26, 2010

Schedule "A"

Definitions

In this Bylaw:

"City" means the City of Abbotsford.

"Construction" means erecting buildings and structures and includes clearing, grubbing, excavating, grading, filling and installing services, but excludes operations and maintenance of existing buildings, structures, works, and services.

"CPESC" means a Certified Professional in Erosion and Sediment Control, certified by EnviroCert International Inc.

"Development" means any of the following:

(a) removal, alteration, disruption or destruction of vegetation;

(b) disturbance of soils, including landscaping;

(c) Construction;

(d) creation of nonstructural impervious or semi-impervious surfaces;

(e) flood protection works;

(f) Construction of roads, trails, docks, wharves and bridges;

(g) installation or Construction of sewer and water services;

(h) installation or Construction of drainage systems; or

(i) installation or Construction of utility corridors.

"Developable Area" means all lands subject to Development.

"Developer" means an owner or owners of land or the holder(s) of a bona fide interim agreement or option to purchase land, or an applicant who applied to the City for, or is engaged in undertaking the Development of such land, and shall include their duly authorized representative.

"Drainage System" means any natural system, or designed, constructed or installed system for the express purpose of containing or conveying drainage to an outlet destination, whether such system is located on public lands, protected by registered statutory rights-of-way, in place historically, or previously approved by the City and includes, without limitation, storm sewer mains, ditches, swales, creeks, ravines conveying or capable of conveying drainage or runoff, watercourses, detention and infiltration systems.

"EDP" means an Environmental Development Permit issued in accordance with the Development Application Procedures Bylaw, 1999 prior to land Development within an EDP Area.

"EDP Area" means an Environmental Development Permit Area designated under the City's Official Community Plan Bylaw, 2016 for the purposes of protecting the natural environment, its ecosystems and biological diversity, and protecting development from hazardous conditions.

"ESC Facilities" means all Erosion and Sediment Control works, measures, facilities and methods constructed or installed to reduce the likelihood of Sediment and Sediment Laden Water reaching the Drainage System during all stages of Development.

"ESC Plan" means an Erosion and Sediment Control Plan described in Part III of this Bylaw.

"ESC Supervisor" means a Qualified Professional who is experienced in designing and implementing ESC Plans and who is responsible for inspecting, maintaining, monitoring and reporting on the ESC Facilities constructed and installed pursuant to an ESC Plan.

"General Manager" means the City's General Manager of Economic Development and Planning Services, or designate.

"Guidelines" mean the latest edition of the document entitled "Land Development Guidelines for the Protection of Aquatic Habitat", co-published by the Ministry of Environment, Lands and Parks and the Department of Fisheries and Oceans, as amended from time to time.

"Inspector" means an officer or employee of the City of Abbotsford.

"NTU" means Nephelometric Turbidity Unit, a standard unit measure of water Turbidity.

"Operations and Maintenance" means the range of essential activities and services provided by or on behalf of the City of Abbotsford for existing buildings, structures, works, and services, but not including projects funded through Engineering Capital Works or Parks Capital Works budgets.

"Permit" includes any of the following:

(a) an EDP;

(b) a Building Permit issued under the City's Building Bylaw, 2018;

(c) a Development Agreement;

(d) a Servicing Agreement;

(e) a contract with the City; or

(f) a Soil Removal and Deposit Permit issued under the City's Soil Removal and Deposit Bylaw, 2003.

"Qualified Professional" means an individual, whether acting alone or together with another Qualified Professional, who:

(a) is registered and in good standing with one or more of the following professional organizations: Association of Professional Engineers and Geoscientists; Association of BC Forest Professionals; College of Applied Biology; Applied Science Technologists and Technicians of BC; BC Institute of Agrologists; EnviroCert International (Certified Professional in Erosion and Sediment Control); or BC Society of Landscape Architects;

(b) is acting under that organization's code of ethics and subject to disciplinary action by that organization;

(c) has an area of expertise that is generally recognized in the field of Erosion and Sediment Control as one that is acceptable for the purpose of providing all or part of the design and monitoring of ESC Facilities in respect of a Development proposal; and

(d) is acting within their area of expertise.

"Sediment or Sediment Laden Water" means any sediment, rock, gravel, sand, soil, silt, clay, earth, construction or excavation wastes or other substances whether or not suspended in water.

"Significant Rainfall Event" means any precipitation event, which meets or exceeds the intensity of 25mm/day.

"Substantial Completion" means the issuance of a Certificate of Completion by the City..

"Treatment Chemical" means any substance which is intentionally introduced to water in order to alter the physical or chemical properties.

"Turbidity" means a measure of the lack of clarity or degree of transparency of water caused by inorganic and organic suspended or dissolved substances. Turbidity values are generally reported in Nephelometric Turbidity Units (NTU).

"Warranty Period" means the twelve (12) month period following Substantial Completion.