2019 Oakville Pool and Landscape Updates - the Town of Oakville

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2019 Oakville Pool and Landscape Updates - the Town of Oakville
2019 Oakville Pool and
     Landscape Updates

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2019 Oakville Pool and Landscape Updates - the Town of Oakville
Today’s Agenda
•   By-Law Enforcement- Margaret Boswell
•   Development Staff Introduction
•   2019 permit fees
•   Private side & Municipal side permits
•   Drawing Requirements
•   Forestry- Ian Wagner
•   Easements- Vince Blosser
•   Q&A

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2019 Oakville Pool and Landscape Updates - the Town of Oakville
By-Law Enforcement
• Margaret Boswell
  Supervisor- Enforcement Services
  Municipal Enforcement Services
  Town of Oakville | 905-845-6601, ext.3350

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2019 Oakville Pool and Landscape Updates - the Town of Oakville
Business Licensing
Licensing by-law goals:
    – consumer protection and transparency within the
      various industries
    – encourage compliance with the by-laws by
      implementing a system of administrative penalties.

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2019 Oakville Pool and Landscape Updates - the Town of Oakville
Contractor Licensing
Related Licensing classes:

• Pool Installer Contractor
• Landscaper/Property Maintenance
• Arborist-Class D license
  – Landscaping Tree Company (incorporates
    Tree Company and Landscaping functions)

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2019 Oakville Pool and Landscape Updates - the Town of Oakville
Noise
The Noise By-law regulates hours where noise is
permitted and acceptable noise levels

Noise from construction is
permitted:
• Monday to Saturday
  7a.m. to 7p.m.

Noise from construction is not permitted:
• Sunday and statutory holidays
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2019 Oakville Pool and Landscape Updates - the Town of Oakville
Unsafe Conditions

Fencing
     – Minimum 4ft in height
     – Openings no more than 1.5 inches wide
     – Must be completely constructed prior to pool being
       filled
                         Open pits
                            ‒ Must be secured if more than
                              1m deep

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2019 Oakville Pool and Landscape Updates - the Town of Oakville
Contractor parking
Contractor vehicle parking
      – Parking is limited to 3 hours (unless otherwise signed)
      – Contractors passenger vehicles often require parking
        for full days
      – Parking may be accommodated for through
        Contractor Vehicle Permit (CVP)

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2019 Oakville Pool and Landscape Updates - the Town of Oakville
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2019 Oakville Pool and Landscape Updates - the Town of Oakville
Dev. Eng. Staffing
     •   Front Desk – John/Pat/Cathy
     •   Drawing Review – Nigel Wilson
     •   Inspection – Don Toy/Allan Cannon
     •   Inspection – Anthony Lazzara/ Hai Ly
     •   Supervisor – Gene Paolini
     •   Manager – Eric Lehtinen

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What’s New
• Permit application was re-formatted in 2017
• Zoning By-law revised with additional Pool equipment
  wording – appurtenances 2017
• Private tree By-law revised in 2018. Arborists are
  required to be licenced in 2019
• Development Engineering Site Plan (DESP) introduced
  in 2018
     – DESP work is covered under site plan rules, so you can
       register the agreement on title, and there is more wording
       supportive of such an agreement.
     – DENG is covered by site alt bylaw, which is not as
       prescriptive to these types of works.
• Standard permit conditions are being up-dated in
  2019
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2019 Permit Fees
• The Town reviews it’s fees yearly through the budget
  process and updates the Rates & Fees By-law

• The Rates & Fees By-Law was approved and passed by
  Council in Jan 2019

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2019 Permit Fees
                                        2019               2018
 • Pool                                 289.00             282.00
 • Site alteration                     1,061.00           1,034.00
 • Mun. Tree protection                 165.00 (Forestry) 155.00
 • Driveways: Res                       210.00             205.00
                Non-res                 318.00             310.00
 • TSO:         Major                   523.00 + 26/ day   510.00
                Minor                   272.00 + 26/ day* 265.00
 • Road cuts                            345.00             345.00
 *   not charged 1st day
 Where a TSO is using a metered/pay and display spot, a daily parking rate of $20/
 day is applied
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2019 Permit Fees
                         2019                2018
 • DESP Permit         $1867.00             $1830.00
 • Agreement Fee        $769.00              $750.00

 Securities
 • DENG                $5000.00
 • DESP              $10000.00
 • Forestry        Varies, based to scope

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Development Engineering
       Private Side Permits
Private side permits are required when carrying out
regulated work on private property.

• Site alteration permits
• Pool enclosure permits
• Private Tree protection- Parks Forestry

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Site Alteration
Defined as: Placement or dumping of any fill, or remove
any topsoil or otherwise alter the grade of land.

• Home building, pools and landscaping require a site
  alteration permit.
• The by-law requires that control measures are used
  where required to protect streams, creeks and storm
  sewers that drain to the creeks.
• This is identified in the guideline
  booklet on our website.
• Municipal side permits, if required.

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DENG vs DESP
• Development Engineering permit (DENG)
   – Site alteration- residential; additions less than 50m2
     Pools, landscaping.
   – Excavation, driveway, TSO
• Development Engineering Site Plan (DESP)
   – Residential; new, infill & additions greater than 50m2
   – Allows a more in depth application review and
     identifies features the must remain on the property in
     perpetuity.
   – Enables agreements to be written on title of the land.

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Landscape Permits
Required when changing the lay or grading of a property
and drainage patterns

• Site Alteration
• Tree protection agreement and/or approval to remove
  trees
• Municipal side permits, as required

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Pool Permits
Defined as: any body of water, which is located outdoors
on private property capable of holding water in excess of
0.61m or 2 feet.

• Pool Enclosure permit
• Site alteration permit
• Tree protection agreement and /or approval to remove
  trees
• Municipal side permits, if required

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Pool Fence Safety Checklist

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Permit Procedures &
         Guidelines

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Development Engineering
          Municipal Side Permits
Municipal side permits are required to carry out any work
on Town property

•        Driveways: residential and non-residential.
•        Temporary Street Occupation (TSO)
•        Excavation permits (Road cuts)
•        Municipal Tree Protection Permits (Parks & Forestry)

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Driveway
This is a permit to install a new driveway, to widen a
driveway or to remove one.

• Resurfacing with asphalt,
  interlock or concrete does
  not require a permit as long
  as the driveway when finished
  is the same size as it was prior
  to the work.
• If the existing driveway is within a Tree Protection Zone,
  Forestry will need to be contacted.

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Temporary Street Occupation
          (TSO)
A permit for storing disposal bins, construction materials,
equipment, shoring, cranes, construction vehicle parking on
the Town’s Property. (on the road or the boulevard)

• If you wish to use the boulevard for any of the above,
  please submit an application to our Engineering counter.
  If the proposal is within the Tree Protection Zone, please
  also submit an arborist report.

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Excavation (Road Cut)
Typically carried out by
Utilities or private contractors
installing main line services or
servicing homes.

• Excavation (road cuts,
  boulevard cuts, ditch work)
• Excavation permits are routinely circulated to Forestry

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Permits – General Information
Based on information completed on the Application form:

• Permits are generated from our AMANDA system.
• Fees are generated automatically
• Standard conditions on the application are added
  automatically adjusted based on types of work
  performed.
• Specific conditions can also be added to the permit on a
  site by site basis

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In order to obtain a permit there are 5 main requirements:

1.    Pool and Landscape contractors are to be licensed.
2.    Arborists are to be licensed
3.    Provide a complete application form
4.    Provide the required information (plans, reports)
5.    Provide fees and securities

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Drawing Requirements
In addition to the Drawing Requirements outlined
in the Swimming Pool Enclosures Booklet
• Ensure the existing lot grading features and your
  proposed features are clearly identified on the drawing.

• Any changes in grading made by the present or previous
  home owner, that are not identified as existing (prior to
  your works) will need to comply with grading standards
  and will need to be corrected to return securities.

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• Ensure downspouts drain to grade, via a concrete splash
  pad. No piping of downspouts toward property lines.
  Downspouts can drain to a rear lot catchbasin or to a dry
  well if installed.

• Ensure pool equipment and appurtenances* are a
  minimum 0.61 metres (2 feet) from any property line,
  bylaw 2014-014 Table 4.3

*Appurtenance- something subordinate to, or belonging to
another larger, principal entity, that is, an adjunct, satellite
or accessory that generally accompanies something else

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Lot Grading Certification
• Grading certification is required for all permits issued for
  private property; whether applying for pool enclosures,
  site alteration for landscaping or home renovations.

• Purpose of a grading certificate is to informs us that the
  work has been done in compliance with the plan/drawing

• Additionally the grading certificate is to signal that all
  work is done, and inspection can now be booked

• A sample form is included in the guideline booklets
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Lot Grading
     Certification Sample

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Fill Certification Letter
• Faster turnaround and ability to fill with less interruption
  of construction.
• Good degree of certainty (from the municipality’s point)
  that works have been completed.
• More degree of responsibility for pool constructor.
• Potential for charges under the Pool Enclosure By-Law
  for lack of compliance.

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Fill Certification Letter

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Coming Soon
• A qualified Soils Testing Consultant will be
  required for all asphalt cuts, to confirm adequate
  compaction results
• Enforcement of Development related by-laws will
  be carried out through our Municipal
  Enforcement Department.

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Forestry
 • Ian Wagner
   Supervisor - Forest Protection
   Parks & Open Space
   Town of Oakville | 905-845-6601, ext.2846
 • David Burgess
   Tree Protection Inspector
   Parks & Open Space
   Town of Oakville | 905-845-6601, ext.4460

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Tree protection changes
• The Private Tree Protection By-law has been revised
  and was approved by Council in 2017.
• Tree Protection is managed via the Forestry Section of
  the Parks Department.
• Applications for development work that include removal/
  protection of trees are accepted at the engineering
  counter and forwarded to Forestry.

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Tree Protection/ Removal
• Any work that requires a
  private side or municipal side
  permit, will require an arborist
  report.
• Once approved, all Tree
  Protection must be maintained
  until all works are complete.
  Failure to follow this
  requirement may result in work
  stoppages and/ or fines under
  the by-laws
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Requirements of an Arborist Report
        It is important that an Arborist report be thorough and complete,
      accompanied with a detailed site plan, including construction access
        routes. Incomplete reports/site plans may contribute to delays in
                      receiving authorization to begin work.

Information
Name, address, Phone, Email
Signature of Arborist, Date of inventory, Date report prepared
Name and credentials of report author
Name and credentials of crew collecting field data
Verifies that all field and appraisal work was conducted by qualified consultants
Table of contents with page numbers
Proof of academic credentials

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Arborist Report Continued

Site & Report Background Information
Includes reference to the most recent revision of a Tree Protection Plan
Indicates supporting development application file number if known
States purpose and assignment of report with respect to trees
Includes construction access and storage locations on a scaled version of the site plan.
Summarizes scope of proposed development works.
States the consultants obligations with respect to the project
Indicates who will be responsible for onsite monitoring

Observations & Recommendations
Discusses the rationale/justification for each tree removal
Proposes conservation alternatives to removing non-hazardous trees, discuss tree
protection & preservation options/methods

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Arborist Report Continued

Tree Inventory
Table to indicate: Tree number, common/Latin names, DBH, condition (ISA standards),
minimum tree protection zone: both Municipal standard and actual, crown
height/spread-rating
Clearly indicate ownership, private trees, Town trees, and neighboring trees within 6m
of property line
Final recommendations for each tree (retain/remove, and reason)
Identify and address any endangered tree species
Include Tree ID# for all town trees
Include data for all multi-stemmed trees
Provide appraisal and hazard evaluation for Town trees
Column to include tree crown spread (m) and canopy cover area (m) for each tree, and
summary figure for tree removals

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Arborist Report Continued
Tree Protection Plan (TPP) Drawing
Location of each inventoried tree is accurately plotted, with
its corresponding tree number
TPP to be on large format plan suitable to scale
Actual tree diameters must correspond to tree diameters in
arborist report
Circles that accompany the tree symbols are to approximate
the crown spread
Show actual TPZ barrier limits and indicate the type of barrier as per Town Tree Protection
Policy/Procedure
All underground and above-ground utilities and services, including upgrades and grade
changes are identified

Tree Protection & Preservation Measures
Describes the type of protection that will be installed
Includes Towns graphic “Tree Protection Specifications for Construction near trees
Refer to the Town’s Tree Protection By-Laws, Policies and Procedures
Describes what mitigation measures will be implemented where work will be performed
within a TPZ, pre, post, etc.

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Typical Site Plan

     CONSTRUCTION
     ACCESS ROUTE

                          Tree Protection Hoarding

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Securities, Tree Appraisal and Fees

•   A Municipal Tree Protection
    Agreement ( Fee - $370.00) + a
    security deposit is required (based on
    the amenity value of the tree) when
    construction activity is close to town
    trees. This includes access routes
    and storage locations.

•   Securities are held until the
    construction is finished and a final
    inspection is completed

•   Private tree removal applications are
    subject to the new Town Rate and Fee
    for Development related Applications -
    $720.00/tree for trees >24cm in
    diameter at breast height

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Tree Protection Compliance

Failure to adhere with the approved Tree Protection requirements may result in
one or more of the following:

•   An order to comply
•   Loss of security in whole or in part
•   Prosecution under an applicable by-law
•   Additional remedial costs as determined by the town

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Easements
• Vince Blosser
  Supervisor - Survey & Drafting
  Engineering & Construction
  Town of Oakville | 905-845-6601, ext.3313

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Property Easements
• Easements:
• Quite simply, an easement is the right of one over the property of
  another for the protection of something.
• The one who holds the easement right, has a very specific benefit
  over the property of another. Conversely, the easement will burden
  one property, while providing a benefit to another.
• Easements are found in title records to both municipal property, as
  well as private property.
• Property easements also benefit many utility agencies and
  municipal corporations for the protection of aerial and underground
  infrastructure.

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Property Easements

• The Town of Oakville infrastructure such as; storm sewer pipes,
  maintenance holes, catch basins, culverts and drainage channels
  are connected together to offer surface drainage to the Oakville
  community.
• A large portion of the Town’s storm infrastructure exists within the
  public road network. Some of the storm infrastructure reaches out
  through and under private property in order to offer surface drainage
  to rear and side yard amenity areas.
• The network of storm sewer laterals, rear yard catch basins,
  drainage swales and the occasional storm sewer mainline pass
  through private property with the protection of an easement in favour
  of the Town of Oakville.

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Oakville Storm Drainage Network

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Oakville Storm Sewer Network
• Easement area at rear of subdivision lots for storm sewer mainline.

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Oakville Storm Sewer Network
•   Easement area at side yard of subdivision lot for storm sewer catch basin.

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Property Easements

• Please be aware that other utility agencies have infrastructure within
  private property that is under the protection of an easement.
• The Region of Halton has a network of wastewater (sanitary) mains
  and water mains that may pass through private property.
• Utility agencies such as; Union Gas, Ontario Hydro, Oakville Hydro,
  Cogeco Cable, Bell, Roger, Telus all have their own respective
  networks which may pass through private property and under the
  protection of an easement.
• Pipeline agencies such as; Trans-Canada, Trans-Northern, Sarnia
  Products, Enbridge and Suncor all have their own pipeline networks
  which may pass through private property and under the protection of
  an easement.

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Property Easements
• Most common questions asked:
• Q: Where do I find easement information for Oakville property?
• A: All property record information including easements are available
  for a fee at Service Ontario (AKA Milton Land Registry Office)
  located at 2800 Highpoint Drive, Milton, Ontario.
• Alternatively, information may be purchased online through a licence
  with the Teranet software product Teraview Web.
• Q: can I just call the Town of Oakville for easement information?
• A: The Town of Oakville staff within the Engineering and
  Construction Department are available to confirm whether the Town
  of Oakville has an easement on property located within our
  community. We do not have easement records for other municipal
  (Region of Halton) or utility agencies. You would have to call each of
  the agencies independently to complete your research.

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Property Easements
• Q: When I propose to build a structure where there is an easement,
  can I build up to the limit of the easement, or is there a setback
  required from the easement?
• A: Typically there is no setback required from the limit of the
  easement.
• The Town of Oakville Engineering and Construction Department
  maintains Town easement documents intended for the protection of
  the Town’s storm drainage network. We also maintain the
  engineering records for the Town’s storm sewer infrastructure.
• The engineering record information is available to the public through
  the Engineering and Construction Department, which is located at
  the Oakville Town Hall, 1225 Trafalgar Road.
• Questions:

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