Site servicing

Site servicing such as private or public sewer, water, site grading, surface drainage and stormwater management for a lot or a unit required as a result of a proposed development shall comply with all County and provincial requirements.

Where private or public sewer, water, site grading, surface drainage, stormwater management or other essential services such as natural gas or power for lots or units are required by the development authority, a development officer may impose a condition requiring the applicant to enter into a developer agreement with the County to construct or pay for the construction or upgrading of services necessary to serve the development.

The applicant or owner shall provide a guaranteed security to ensure that all site servicing is constructed and record drawings are submitted to the satisfaction of the development authority.

Site grading

The regulations in sections 3.14(5) – 3.14(13) are intended to apply primarily to those situations where site grading (including construction of an artificial water body, but not a dugout), is proposed independent of, or prior to, other development occurring on the same lot or site.

Unless otherwise exempted by this bylaw, site grading shall not be allowed in any zone until a development permit has been issued.

In all zones, site grading shall be considered a discretionary use, unless exempted by the provisions of section 2.6.

The time from commencement to completion of reclamation shall not exceed one year, unless at the discretion of the development officer a different time period is specified.

Contaminated topsoil or fill shall not be permitted to be placed or stored on any property at any time.

Despite any other regulation in this bylaw, site grading shall not be allowed in any circumstance where it:

1. (a) negatively impacts water flows to and from adjacent lands; or
2. (b) modifies wetlands or drainage courses.

Where in the process of development areas require site grading, filling or excavation, the topsoil shall be removed prior to work commencing, and shall be replaced following completion of the work.

Borrow areas may be considered in any agricultural zone provided that:

1. (a) a development permit has been issued for site grading, unless exempted by this bylaw;
2. (b) the maximum area of excavation does not exceed 8.0 ha, the maximum amount of material to be removed from the site does not exceed 40,000 m³, and the excavated material does not contain either sand or gravel;
3. (c) there is no negative impact on water flows to and from adjacent lands;
4. (d) there is no negative impact on wetlands or drainage courses; and
5. (e) the time from commencement of excavation to completion of reclamation does not exceed 120 days.

A development permit application for site grading shall include a site plan and a written description of the development proposal, including but not limited to the following:

1. (a) the location and dimensions of the proposed disturbed area;
2. (b) existing site conditions of the land, including topography, vegetation and watercourses;
3. (c) the type of site grading activity proposed showing dimensions of the operation of the area or the land to be included, the depth to which the material is to be removed or added and the effect on existing drainage patterns;
4. (d) proposed access, haul routes and haul activities;
5. (e) proposed methods for preventing nuisance from dust and erosion;
6. (f) measures for controlling erosion, weeds, and any other information related to reclaiming the site;
7. (g) where required by a development officer, a letter or report signed by a qualified soil testing or geotechnical firm confirming the quality of the topsoil or fill being placed on the property; and
8. (h) where applicable, the costs required to reclaim the site.

In addition to the considerations listed in section 2.8(4), the development officer, when making a decision respecting site grading, shall consider the following:

1. (a) the provisions of the Municipal Development Plan and any other relevant statutory documents;
2. (b) the intent of the area and of the specific zone in which the activity is located;
3. (c) the intended use of the site;
4. (d) relevant guidelines prepared by the Province of Alberta and any comments and recommendations provided with a provincial approval;
5. (e) County standards and policies regarding wetlands;
6. (f) the Province of Alberta and County standards and policies regarding berms and setbacks adjacent to municipal roads and provincial highways;
7. (g) the use of topsoil or clay materials as a beneficial resource to the region;
8. (h) designated historical resources;
9. (i) trees and maintenance of habitat during the critical wildlife nesting periods;
10. (j) prime agricultural lands in a productive state;
11. (k) environmentally significant and sensitive areas, with special consideration given to areas identified within a biophysical assessment;
12. (l) watercourses, maintenance of positive drainage, and potential drainage effects on adjacent or nearby properties;
13. (m) the potential nuisance effect on adjacent properties to mitigate negative impacts; and
14. (n) potential damage to County roads and surface structure.

Security

The development authority or the subdivision authority may impose a condition of approval requiring the applicant to provide a guaranteed security to ensure that all site servicing, grading, and reclamation, is constructed in accordance with County standards to the satisfaction of the development authority or subdivision authority, as applicable.

Estimates for site servicing, grading, and reclamation costs shall be provided by the owner to the satisfaction of the development authority or subdivision authority, as applicable.

The security required under section 3.14(14) shall be in the form of cash or an irrevocable letter of credit to a value equal to 50% of the County accepted estimated site servicing, grading, and reclamation or a minimum of $10,000.

If an irrevocable letter of credit is offered as security it shall:

1. (a) be in a form to the satisfaction of the development authority;
2. (b) have an initial term of one year;
3. (c) be automatically renewable upon 60 days prior to the expiry date of the security, until such time as the requirements of section 3.14(14) have been met.

The required security shall be held by the County until the development authority or subdivision authority, as applicable, is satisfied that:

1. (a) all the conditions of the development permit have been fulfilled;
2. (b) the construction of site servicing, grading or reclamation has been completed;
3. (c) record drawings have been submitted and accepted; and
4. (d) all site deficiencies have been rectified.

If the site servicing, grading or reclamation is not completed pursuant to section 3.14(14), the County may draw on the security and the amount thereof shall be paid to the County for its use.

In the event the owner does not complete the required site servicing, grading or reclamation under section 3.14(14) and the security is insufficient for the County to complete the required work should it elect to do so, then the owner shall pay such deficiency to the County within 14 days upon being invoiced. The County shall provide a statement of costs to the owner within sixty (60) days of completion of the required improvements indicating how the proceeds of the security were applied.

The owner or developer shall notify the County in writing 14 days prior to completion of site servicing, grading or reclamation in order to provide sufficient time for the development authority to inspect the site servicing, grading or reclamation. If conditions are accepted by the development authority by way of issuance of a Lot Grading Certificate or Final Acceptance Certificate(s), the security may be released.

The development authority may, in its sole discretion, consider a partial release of security where warranted.

Where required, the owner shall submit a record drawing(s) identifying the completed site servicing or grading activities to verify that it has been completed in accordance with the approved plan(s).

Based on the submitted record drawing(s) or site inspection or both, securities may be released if the site servicing, grading or reclamation activities have been completed to the satisfaction of the development officer.