2019 Oakville Pool and Landscape Updates - the Town of Oakville
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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 2
By-Law Enforcement • Margaret Boswell Supervisor- Enforcement Services Municipal Enforcement Services Town of Oakville | 905-845-6601, ext.3350 3
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. 4
Contractor Licensing Related Licensing classes: • Pool Installer Contractor • Landscaper/Property Maintenance • Arborist-Class D license – Landscaping Tree Company (incorporates Tree Company and Landscaping functions) 5
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 6
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 7
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) 8
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 10
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 11
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 12
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 13
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 14
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 15
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. 16
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. 17
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 18
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 19
Pool Fence Safety Checklist 20
Permit Procedures & Guidelines 21
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) 22
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. 23
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. 24
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 25
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 26
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 27
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. 28
• 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 29
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 30
Lot Grading Certification Sample 31
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. 32
Fill Certification Letter 33
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. 34
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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 36
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. 37
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 38
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 39
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 40
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 41
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. 42
Typical Site Plan CONSTRUCTION ACCESS ROUTE Tree Protection Hoarding 43
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 44
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 45
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Easements • Vince Blosser Supervisor - Survey & Drafting Engineering & Construction Town of Oakville | 905-845-6601, ext.3313 47
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. 48
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. 49
Oakville Storm Drainage Network 50
Oakville Storm Sewer Network • Easement area at rear of subdivision lots for storm sewer mainline. 51
Oakville Storm Sewer Network • Easement area at side yard of subdivision lot for storm sewer catch basin. 52
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. 53
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. 54
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: 55
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