The ad-hoc site alteration committee brought recommendations for changes to the current fill bylaw to the Dec. 16 Erin council meeting.
The committee asked council to review the changes because some were significant and could seriously alter the bylaw.
“The recommendations before you, you may want to approve them all, or some of them,” planner Sally Stull said during the presentation.
“The intent of the bylaw is really three-fold,” Stull explained. “When someone hopes to place fill on their property the intent of the bylaw is to ensure that the municipality has a look at the site so it does not impact other people’s drainage or it’s not a mountain … the second is that the material being brought is the appropriate quality of material and that is done through soil analysis and a peer review by our consultants and thirdly is to deal with the nuisance concerns that are associated with filling.”
Councillor John Brennan said he wasn’t sure the exemption for fill coming from within 10m of a structure or incidental to construction of a structure that has a specific permit should be included without some restrictions.
“I’m just wondering if there ought not to be some sort of a cap, limit on the amount because we’ve had instances whereby under that provision, that exemption, there’s been a heck of a lot of fill coming in because it’s not subject to the site alteration bylaw,” explained Brennan.
He also cautioned against the addition of a deposit for any damage done to the road route during the fill operation.
“That’s effectively said nobody’s ever going to apply for this,” he said.
He added he’s worried it will encourage people to have illegal fill operations because they don’t want to apply for the permit and pay the deposit.
Brennan said the problem is being able to enforce the bylaw. “That’s always been, sort of, the Achilles’ heel,” he added.
Prosecution after the fact is often expensive and doesn’t lead to favourable results because the town isn’t compensated. Brennan suggested there should be a provision to charge those who don’t follow the bylaw to cover any expenditures to the town associated with the illegal fill operation.
“I think at this stage we’re getting closer,” councillor Matt Sammut said. “This is an issue that has been outstanding a long time and we’ve got to make sure … that we can enforce it.”
The ad-hoc site alteration committee report is currently being reviewed by town staff and council.
