Bylaws    Item #   9. a.            
Regular Council Meeting Agenda
Meeting Date: 06/11/2018  
Title: C-1045-18 – Second and Third Reading – Surface Drainage Bylaw – Levasseur
Department: Planning & Infrastructure
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Request for Decision Summary
The purpose for this request for decision is to obtain second reading of Bylaw C-1045-18, as amended, as well as third reading, which would provide for the ongoing operation of the City’s lot grading program. This new bylaw is intended to replace Bylaw C-903-15.

Proposed Motion
That second reading be given to Bylaw C-1045-18 - Surface Drainage Bylaw, as amended.

That third reading be given to Bylaw C-1045-18 - Surface Drainage Bylaw.
 
Background/Analysis
In 2017, Engineering performed an in-depth review of the City’s Lot Grading program. As a result, numerous deficiencies were identified within the existing lot grading program. It was also noted that the existing bylaw did not reflect current procedures and practices. A thorough comparison of surrounding municipalities ensued in order to capture best practices for all surface drainage.  The result was two-fold:
  1. to create a new bylaw that encompasses all surface drainage within the city
  2. ensure the protection of City infrastructure during construction of residential, commercial, institutional, or multi-family development.
The process included involving Canadian Home Builders Association (CHBA)-Edmonton and Spruce Grove home builders. Comments were also received by the Urban Development Institute (Beaverbrook). 

Since first reading, the following amendments were made to the bylaw:
  • Section 3.1.b. was removed as it was considered redundant by the City's solicitor;
  • Section 6.1.a was revised based on comments received from City's solicitor;
  • Section 6.1.c was revised based on comments received from City's solicitor;
  • Section 6.2.c - added ability for Builders to provide the City with a Letter of Credit for their Performance Damage deposits;
  • Section 6.2.h.i - added the ability for Builders to request a six-month extension on the timeline to obtain rough grade approval; and,
  • General - Removed Bylaw number C-974-16 referring to Development Fees and Fines Bylaw.
Administration has also made minor changes to the forms associated with the bylaw (attached). While Council is not approving the application forms as part of the bylaw adoption, administration is noting the changes as part of this report for the purpose of clarity. Changes include:
  • Residential Lot Grading permit application form was revised to indicate who was completing final grading (builder or homeowner).
  • Residential Lot Grading permit application form was revised to confirm that Performance Damage deposit would only be used on lots that have been damaged after Final Acceptance Certificates have been issued.
  • Commercial/Multi-family Lot Grading permit application form was revised to confirm that Performance Damage deposit would only be used on lots that have been damaged after Final Acceptance Certificates have been issued.
 
Options/Alternatives
N/A
Consultation/Engagement
This bylaw was developed as a result of the cooperation between Public Works and Planning and Engineering. A draft version was reviewed by the CHBA-Edmonton.
Implementation/Communication
The new Bylaw C-1045-18 will require changes to the Development Fees and Charges bylaw, which is being reviewed in tandem under a separate amending bylaw. The adopted bylaw will be provided on the City's website.
Impacts
The Surface Drainage Bylaw will provide direction for the ongoing administration and operation of the lot grading program while ensuring the protection of City infrastructure during construction of residential, commercial, multi-family, industrial or institutional development.  

Attachments-Y
Surface Drainage Bylaw C-1045-18
Surface Drainage Bylaw C-1045-18 Redlines
C-903-15 Lot Grading Bylaw
Residential Lot Grading Permit Application
Residential Lot Grading Permit application Redlines
Commercial Lot Grading Permit Application
Commercial Lot Grading Permit Application Redlines