Fillable Fill Permit Application And Requirements Checklist (City of Vaughan)

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Fill Permit Application And Requirements Checklist (City of Vaughan)

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Updated: February 10, 2020
Pg 1
DEVELOPMENT ENGINEERING FILL PERMIT- APPLICANT CHECKLIST
A complete Fill Permit submission must include all the documents and details on this checklist.
Please submit a copy of this checklist completed with the submission for reference.
Documents required at the time of application:
Completed Fill Permit Application form– one (1) copy
Application fee as per the by-law paid in full (no H.S.T. required) to be paid at the
time of application submittal.
• Owner Occupied Residential (Priv
ate) Property- $570.00
• All other types of property/development - $5000.00
o (ex: Subdivision Development, industrial/commercial properties, Agricultural
Properties, Site Plan Developments)
Original letter of owner’s authorization – one (1) copy
Erosion and Sediment Control drawings – six (6) copies
• A key map showing the location of each lot, including the nearest major intersection
and north arrow;
• The lot boundaries and number of hectares of the lot;
• The use of the land and the location and use of the buildings and other structures
adjacent to each lot;
• The location, dimensions and use of the buildings and other structures existing or
proposed to be erected on each lot, only provide necessary drawing layers related to earth
works;
• All existing buildings;
• All easements and rights-of-way over, under, across
or through the lot;
• The location and dimensions of any existing and proposed storm water drainage
s
ystems and natural drainage patterns on and within a minimum of thirty (30) meters
beyond the lot boundary;
• The location and dimensions of utilities, structures, roads, highways and pav
ing
located within a minimum of thirty (30) meters beyond each lot boundary;
• The existing lot topography extending a minimum of thirty (30) meters beyond each
lot boundary;
• The proposed final grades of the land;
• The scale of drawing, ranging from 1:250 to 1:1000 as deemed appropriate (each
drawing control plan to be in meters);
Updated: February 10, 2020
Pg 2
• Any other necessary information with respect to the lot;
• An indication on the drawing of directions of overland flow and overland flow route;
• A schedule of the anticipated starting and completion dates of each land disturbing or
land developing activity including the installation of construction site erosion control
measures needed to meet the requirements of Schedule B to this by-law;
• Proposed final grades and drainage system to be used upon completion of the filli
ng
operation
• A Description of the proposed fill including;
o The location and dimensions of all proposed land disturbing activities,
including construction access road;
o The location and dimensions of all temporary soil or dirt stockpiles;
o The location, dimensions, design details and design calculation of all
construction site erosion control measures;
o Provisions for the maintenance of the construction site erosion control and
dus
t control measures during construction and after as required;
o The location of lakes, streams, wetlands, channels, ditches, othe
r
watercourses and other bodies of water on and within a minimum of thirty
(30
)
meters beyond each lot boundary;
o The Regional Storm Flood Plain and Conservation Authority Fill Regulati
on
lin
es;
o The location of the predominant soil types;
o The species, grade at base and size, in caliper, of all trees greater than
250
m
m in caliper, all shrubs, trees and hedges within one (1) meter of t
he
property line and driveways
Environmental Assessment (EA) report – two (2) copies
Geotechnical report – two (2) copies
Archeological report – two (2) copies
• To provide evidence of assessment by a licensed archaeologist
A Clearance Letter of Archaeological concerns from the Office of the Ministry of
Tourism, Culture and Recreation, Heritage Operations Unit - two (2) copies
Arborist Report and Tree Preservation plan – six (6) copies
• See pages 5 and 6 for reference
Draft Plan Approval must be granted prior to the submission of the Fill Permit
Application (if this has not been completed- the Fill Permit application will not be
accepted)
Updated: February 10, 2020
Pg 3
Documents that will need to be submitted at a later date, prior to issuance of the permit:
Li
ability insurance for $5,000,000 – one (1) copy
Letter of credit – one (1) copy
Signed agreement – one (1) copy
TRCA clearance (if applicable) – one (1) copy
• The applicant must provide approval from TRCA if subject lands are within or
bordering on a flood line and/or fill line
Demolition Permit (if applicable) – one (1) copy
• The applicant must provide a demolition permit if a pre-existing structure is currently
in place and will need to be demolished
Updated: February 10, 2020
Pg 4
Fill Permit
The
following requirements must be satisfied before a permit for stripping topsoil is
granted. The administration of these requirements is primarily the responsibility of the
Director of Development Engineering Department except as indicated below:
1. Development Engineering
The applicant is required to complete the attached checklist for sedimentation and
erosion control measures and submit it along with two sets of drawings reflecting said
measures
The applicant must complete an application for fill permit and submit it to the
Development Engineering Department with required fees
The applicant must provide approval from TRCA if subject lands are within or bordering
on a flood line and/or fill line
The applicants for soil stripping permits are required to submit the following certificate
sealed, signed and dated both by the developer and his/her Consulting Engineer (refer to
the "Grading and Servicing Responsibility Letter" in this package as a Sample)
“
This will certify that the City’s issuance of soil stripping permit does not relieve
the developer and his/her Consulting Engineer, to fully satisfy the City’s Lot
Grading, Municipal Servicing and Road Grade Criteria. None of the work to be
carried out under the aforementioned permit will compromise the City’s Design
Standard for grading and servicing.”
Sealed, signed and dated by a Professional Engineer
Sealed, signed and dated by the Developer
2. Development Planning Department (Tree Preservation)
The applicant is required to submit to the Development Engineering Department a
letter of clearance from the Development Planning Department indicating that the
Development Planning Department has no objection to the issuance of a fill permit for
stripping topsoil and/or removal of vegetation. The applicant must deal directly with the
Development Planning Department on matters related to woodlot/tree preservation and
be pr
epared to supply the information outlined herewith to said department (see
Attachment #2)
3. Recreation and Culture Department (Archaeological Sites)
The applicant is required to submit evidence of assessment by a licensed
ar
chaeologist, to the Development Engineering Department. As of December 2001, the
City of Vaughan requires that were deemed necessary, as a condition of issuance of Fill
permits, a letter of clearance of Archaeological concerns from the Office of the Ministry of
Tourism, Culture and Recreation, Heritage Operations Unit, must be provided from all
applicants prior to the issuance of such permits. The City of Vaughan, Cultural Services
Division may only provide clearance of archaeological concerns with evidence of a
clearance letter from the Ministry of Culture as noted above.
Updated: February 10, 2020
Pg 5
4. Letters of Credit
In addition to any Letters of Credit which may be required to secure an approval from
the Development Planning Department, the Development Engineering Department
requires a security deposit in the form of a certified cheque or a Letter of Credit to ensure
that Erosion and Sediment control measures are installed and maintained, should the
developer fail to do so. The amount of the Letter of Credit shall be calculated as follows:
o $1000.
00/day multiplied by the number of working days; plus
o E
stimated cost of ESC (Schedule “D” amount if applicable); plus
o Hydro Seed - $1.00/sq.m. (min. amount of work is $2,500.00) or Terra Seed -
$2.75/sq.m. multiplied by the area of the site.
Thr
ee copies of the attached agreement must be returned with the Letter of Credit in
executed form (signed) and returned to the Development Engineering Department.
Updated: February 10, 2020
Pg 6
SEDIMENTATION / EROSION CONTROL CHECKLIST
FILL PERMIT
Name: ________________________________________ Date: _____________________
The following checklist is to be completed by the Developer’s Consulting Engineer by checking
each item certified or outlined on Sedimentation/Erosion Control drawing.
= Provided and/or in Compliance X = Not Provided
Topography and Drainage patterns related to the location of sediment ponds
TRCA Regional Floodline / Fill Lines
Sedimentation Control ponds for areas greater than 2 hectares
3.0m undisturbed strip at all boundaries
Phasing limits of topsoil stripping areas for each area not constructed upon within year
Methodology and sequence of Sedimentation/Erosion Control measures
Details of Sedimentation Control fencing as per City of Vaughan Lot Grading Criteria
Re-routing of drainage from adjacent lands (passing through subject site) ar
ound
di
sturbed areas where required or practical
Additional silt fences along the downslope portions of the site perimeter susceptible to
sheet drainage
All soil stockpiles
Note:
• Stockpiles anticipated to remain in place for more than 30 days are required to
be seeded to prevent wind erosion;
• Stockpiles of greater than 100 cubic meters are not permitted within the
downslope drainage length of 10m to a roadway or drainage channel
S
edimentation pond size with rip-rap on overflow spillway (all ponds require a volume of
125 cubic metres per hectare with minimum 4:1 L:W pond ratio otherwise 185m
3
/ hectare
pond volume required)
Pond outlet direction and capacity (all ponds require outlets of sufficient capacity to a
watercourse or a drainage easement)
Access facility for clean-out of sedimentation pon
d
C
ompaction certification by a professional soil engineer for all sedimentation pond berms
greater than 1m in height
Notes on drawing for removal of accumulated silt when sedimentation pond reaches
50% of its capacity
Updated: February 10, 2020
Pg 7
Requirements of the Development Planning Department
for Woodlot/Tree Preservative and Removal
I
t is the City’s objective to protect and preserve trees and/or woodlots as per OPA 400. It is
further recognized that not all trees, and/or woodlots, can be – or are designated to be –
preserved. In order to confirm tree preservation measures and tree removal requirements, the
following information is required by the Development Planning Department:
T
he Region of York Tree By-law is in effect until there is a signed subdivision agreement
between the City and the owner, and therefore no trees and vegetation are to be
r
emoved without the approval of the Development Planning Departments. Any
one
e
ngaging in tree removal activities contrary to the York Regional Tree By-law may
be
c
harged under the provisions of the by-law. Owners are encouraged to consult the
Development Planning Department prior to commencing with any tree removal activities
on site.
If the owner is applying for a fill permit as outlined in this document, tree protection
f
encing, to the satisfaction of Development Planning Department, is required. This
protective fencing shall be located outside the dripline of the undisturbed edges,
including any buffer as may be required and must be inspected and certified by t
he
owner’s Forestry/Arborist/Landscape Architectural Consultant. The owner shall submit a
drawing showing the location of tree preservation measures which has been prepar
ed
and s
ealed by the owner’s consultant.
T
he owner may proceed with tree preservation measures and tree removal i
n
as
sociation with this fill permit, in advance of a signed subdivision agreement with the
City, subject to the following conditions;
a) T
he City has approved the Block Plan and the Environmental Management Plan;
b) T
he owner has received Draft Plan approval;
c
) The owner has submitted three copies of a “Tree Preservation and Removal Plan”
consisting of an air photograph of the approved draft plan superimposed with the road
pat
terns and various blocks with supporting documentation, as required, which:
i.
Specifically describes and identifies the vegetation communities which have potential for
preservation, and which warrant further detailed inventory, evaluation and preservation
plans at the subdivision agreement stage, and which includes detailed engineering design
for, but not limited to, grading and servicing. This shall be consistent with the approved
Environmental Management Plan;
ii. Specifically describes dead and/or hazardous vegetation which may pose public safety or
liability concerns;
Updated: February 10, 2020
Pg 8
iii. Describes the extent of tree preservation measures to be installed, including temporary or
permanent buffers. Describes the type of preservation fencing to be installed to the
satisfaction of the Development Planning Department;
iv. Identifies and provides justification for those vegetation communities which are proposed to
be removed prior to the execution of a subdivision agreement; and,
v. Carries the seal of a qualified Forester of Landscape Architect
.
• W
here an approved draft plan includes a woodlot designed for preservati
on
as
outlined in OPA 400, no part of the designed woodlot shall be remov
ed
and t
ree preservation fencing is required, to the satisfaction of the
Development Planning Department. This protective fencing shall be locate
d
out
side the dripline of the undisturbed edges, including any temporary or
permanent buffers which may be required and must be inspected and
c
ertified by the owner’s Forestry/Arborist, Landscape Consultant.
• Notwithstanding item “d” above, where a portion of a woodlot, designated for
preservation, has been identified for removal as part of approved draft plan,
approval for any tree/vegetable removals, in this situation, will be contingent
on detailed vegetation assessment, preservation and remedial planting plans
which are required at the subdivision agreement stage and subject to
detailed engineering design, including but not limited to, gradi
ng and
s
ervicing.
• N
o vegetation will be permitted to be removed within 10 meters of any top of
bank approval for any tree/preservation removals, in this situation, will
be
c
ontingent on detailed vegetation assessment preservation and remedial
planting plans which would be required at the subdivision agreement stage
and subject to detailed engineering design, including but not limited to,
grading and servicing.
Generally, the more detailed information that is provided, including engineering design,
grading and servicing, the better will be the staff’s position in determining the extent of
tree preservation and removal.
T
he Development Planning Department will coordinate with and notify the Regional
Forestry Coordinator of any tree preservation and tree removal approvals.
• T
he stockpiling of topsoil on any park block is not permitted without the prior
written approval from the Development Planning Department. However, w
hen
s
tockpiling is permitted within a designated park block, a security in the form
of a Letter of Credit in the amount of $50,000 is required which the City can
dr
aw upon to recover the cost to the City of performing any works, which t
he
ow
ner has failed to perform.
Updated: February 10, 2020
Pg 9
LETTER OF CREDIT EXAMPLE FORM
The Bank of ____________________________________
[Date]
The Corporation of the City of Vaughan
2141 Major Mackenzie Drive
Maple ON L6A 1T1
D
ear Sir/Madam:
We hereby authorize you to draw on [Bank’s Name & Address] for the account of [Developer’s
Name/Applicant] up to an aggregate amount of [$CDN] available on demand as follows:
Pursuant to the request of our customer, the said [Developer’s Name/Applicant], we, [Bank’s Name]
hereby establish and give you an irrevocable Standby Letter of Credit in your favour in the total amount of
[$CDN] which may be drawn upon by you at any time and from time to time upon written demand for
payment made upon us by you which demand we shall honour without enquiring whether you have a right
as between yourself and our said customers to make such demand and without recognizing any claim of
our said customer.
Provided, however, that you are to deliver to [Bank’s Name and Address] at such time as a written
demand for payment is made upon us a statement signed by you stating that monies drawn under this
Letter of Credit are drawn pursuant to an Agreement dated [Date and Year], between [Developer’s
Name/Applicant] and the Corporation of the City of Vaughan, and that the said monies will be used to
fulfil the obligations of [Any Registered Land Owner] under the said agreement, [Re: Legal Description
of what the Letter of Credit is covering] DA.[XX.XXX].
The amount of this Letter of Credit shall be reduced from time to time as advised by notice in writing given
to us from time to time by you.
Partial drawings are permitted.
Any written demand for payment under this credit must bear an intimation that it has been drawn under
Letter of Credit Number _____________ issued by the [Bank’s Name] dated ____________, 20____.
I
t is a condition of this Letter of Credit that it shall be deemed to be automatically extended for one (1)
year from the present or any future expiration date hereof, unless thirty (30) days prior to any such date
we shall notify you in writing, by Registered Mail, that we elect not to consider this Standby Letter of
Credit renewed for any such additional period. Upon receipt by you of such notice, you may draw
hereunder by means of your demand accompanied by your written certification that the amounts drawn
will be retained and used to meet obligations incurred or to be incurred in connection with the above
Agreement.
W
e hereby covenant with drawers, drawn upon and in accordance with the terms of this credit that the
same will be duly honoured if drawn and negotiated on or before ____________, 20___.
For [Bank’s Name]
[Signature]
(T
his wording cannot change and must be printed on Official scheduled Bank Letterhead with
original signatures. No hand-written information in the “blank’ section is acceptable)
Tree Declaration
Private Property Tree Protection By-Law 052-2018
(as amended)
The following section is required be completed for all Fill Permit Applications.
Does the construction activity associated with this permit application require the removal or cutting of any
tree(s) with a tree diameter or base diameter (as defined in By-law 052-2018 and other applicable By-law) of
20 cm. or greater and/or the re-grading within the drip line of any existing tree(s) in accordance with the
By-Law?
□ Yes □ No
If "Yes", a Tree Removal Permit is required before your Fill Permit can be issued. Enquiries, questions and applications
respecting the City’s Tree By-law should be directed to Transportation Services and Parks & Forestry Operations Department
located at the Joint Operations Centre, 2800 Rutherford Rd. Telephone: (905) 832-8577 Fax: (905) 303-2005
FILL PERMIT APPLICATION
Development Engineering Department
2141 Major Mackenzie Drive, Vaughan,
Ontario L6A 1T1
(905) 832-8585
Date _____________________________________ Permit Application Number ________________________
Issued Date ____________________________________
Owner
(Legal owner of the subject property)
Name of Company/Partnership in Full
Please Type or Print In Block Letters
Project Type 2020 Fees
Street Number
Street Name
Unit Number
□ Subdivision Development $5000
□ Industrial/Commercial $5000
□ Agricultural Property $5000
□ Private Work(Residential Property) $570
□ Site Plan Development $5000
Com
munity Name (Maple, Concord)
Postal Code
Lot No.
Blk. No.
R.P. / M / 65M / Y.C.C.No. Conc. No.
Area of worksite (m
2
)
Project Information
Estimated Start and End Date
Last Name or Name of (Company) Official
First Name
Position
Street No.
Street Name
Apt/Unit No.
City/Town
Province
Postal Code
P
hone Numbers: Bus./Home No. Email
Cell No.
Applicant:
(Name of the person submitting this application)
Last Name
First Name
Initial (s)
Street No.
Street Name
Apt/Unit No.
City/Town
Province
Postal Code
P
hone Numbers:
Bus./Home No.
Email
Cell. No.
Page 1 of 2
Volume of fill Import/Export (m3)
Operation type (Select all that apply)
Topsoil Remoal
Fill Export
Related File Number (DA., 19T#):
□
□
□
□
Fill Import
Cut/Fill
Does this Application have Draft Plan Approval?
□ Yes
□ No
:
P
lease Check off the Corresponding Answer
Declaration of Applicant
I _________________________________________________________________________________________ certify that:
(print name)
1. The information contained in this application, attached schedules, attached plans and specifications, and other
attached documentation is true to the best of my knowledge.
2. I have authority to bind the corporation or partnership (if applicable).
___________________________ _________________________________________________________________
(Date) (Signature of applicant)
Personal information on this form is collected under the legal authority of the Municipal Act, 2001, S.O. 2001, c. 25 and the Building Code Act, 1992, S.O. 1992, c. 23. This information
will be used to process the Permit Application and in the administration and enforcement of the previously noted statutes. As a public record, information contained on this application
and the documents required to issue a building permit may be disclosed to any individual under the Municipal Freedom of Information and Protection of Privacy Act. Questions
about this collection should be directed to the Administrative Co-ordinator, Development Engineering Department, 2141 Major Mackenzie Drive, Vaughan, Ontario L6A 1T1 (905)
832-8585.
Permit
Typ
e
EF
Block # Building
Type
Work Proposed
□
Owner occupied residential property - $570
OFFI
CE USE ONLY
Page 2 of 2
Permit Payments
(Fees subject to change as per Fees & Charges By-law)
□ All other types of property/development - $5000
Date: ______________ Receipt:______________
Security Deposit
□
Amount______________________
Date Received: ___________________
Rev. February 2020
The Corporation of the City of Vaughan
Standard Certificate of Insurance
1. Proof of insurance will be accepted on this Certificate only, without amendments.
2. Completed certificates must be signed and submitted to one of the Departments provided in Item #5 of the requirements section below.
3. This Certificate must be completed and signed by an Insurance Company or authorized insurance broker licensed and able to conduct
business in Canada.
Named Insured:
Address of Named Insured:
Location & description of work/activity/contract to which this certificate applies:
Type of Insurance Policy Number
Effective Date
YYYY/MM/DD
Expiry Date
YYYY/MM/DD
Limit of Liability Deductible
Commercial General Liability
Motor Vehicle Liability
Umbrella/Excess Liability
Other:
The Named Insured and undersigned Insurer agree to and confirm the following requirements:
1. The Commercial General Liability Policy is extended to include Personal / Bodily Injury, Contractual Liability, Non-Owned Automobile
Liability, Owner’s and Contractor’s Protective Coverage, Products – Completed Operations, Contingent Employers Liability, Cross Liability
and Severability of Interest and Volunteers/Employee’s as additional insured(s).
2. The Corporation of the City of Vaughan has been added as an Additional Insured under the Commercial General Liability Policy,
but only with respect to the liability arising out of the aforementioned operations of the Named Insured.
3. Other Additional Insured(s):
4. The Named Insured and Insurer must declare deductible limits for each type of coverage applicable. All claims arising out of the
operations which fall within the decutible limits are the sole responsibility of the Named Insured.
5. Should any of the described policies or part thereof be cancelled or materially changed, the Insurer must provide thirty (30) days written
notice by registered mail to: The Corporation of the CIty of Vaughan to the respective department in the drop down box below:
Attention: Email:
6. Protection under the General Liability Policy(ies) identified above shall apply as primary insurance and not excess to any other insurance
availble to any of the Additional Insured identified above.
CERTIFICATION I have authorization to issue this Certiciate for and on behalf of the Insurer(s). This is certification under my authority that
the insurance policies and coverage stated in this Certificate are in effect as stated as per the date of signing. This Certificate is valid until the
expiration date(s) indicated unless notice is provided in writing pursuant to section #5 above.
Insurance Company: Insurance Broker:
Address: Address:
Phone: Fax: Phone: Fax:
Authorized Insurance Company Official
Name (print)
Signature
Date (YYYY/MM/DD)
AUTHORIZED STAMP
Revised September 2017
Select Type
Select department from drop-down menu
(Land Owner’s Letterhead)
LAND OWNER AUTHORIZATION - SAMPLE LETTER
(Land Owner’s Name/Company Name)
(Land Owner’s Street Name)
(City, Postal Code)
City of Vaughan
Development Engineering
2141 Major Mackenzie Drive
Maple, Ontario
L6A 1T1
Date: 00 July, 0000
Subject: Fill Permit Application – Land Owner Authorization Letter
To Whom it May Concern;
This is to certify that I, (Name of Land Owner or Company Name) am the owner of (Property Address).
I (Name of Land Owner or Company Name), hereby authorize (Name of Applicant/Consultant or
Company), to act on my(our) behalf to apply for a Fill Permit with the City of Vaughan at the
aforementioned property.
They will be acting on my behalf for all inquiries and correspondence.
Should you have any questions, please do not hesitate to contact the undersigned.
Thank you,
_______(Signature of Land Owner)_________ ______
(Name) (Date)
(Title)
(Contact Information)
(Insert Letterhead)
GRADING AND SERVICING RESPONSIBILITY LETTER - SAMPLE
City of Vaughan
Development Engineering
2141 Major Mackenzie Drive
Maple, Ontario
L6A 1T1
Date: 00 July, 0000
RE: Fill Permit Application – GRADING AND SERVICING RESPONSIBILITY LETTER
(Project Name)
(Property/Project Address)
(Related File Number: DA or 19T)
This letter will certify that the City’s issuance of a Fill Permit does not relieve the developer and his/her
Consulting Engineer to fully satisfy the City’s Lot Grading, Municipal Servicing and Grading Criteria.
None of the work to be carried out under the aforementioned permit will compromise the City’s Design
Standards for Grading and Servicing.
________ (Signature)______________ _________________________
(Applicant/Consultant’s Name) (Date)
(Title)
(Applicant/Consulting Company)
(P.ENG Stamp)
TOGETHER WITH
________ (Signature)__________ __________
(Land Owner/Developers Name) (Date)
(Title)
(Company Name)
Fill Agreement File No. __________________
THIS AGREEMENT made in duplicate this _____ day of __________________ 20___
BETWEEN
THE CORPORATION OF THE CITY OF VAUGHAN
Hereinafter called “Vaughan”,
OF THE FIRST PART,
-and -
Hereinafter called “owner”,
OF THE SECOND PART.
-and- hereinafter called “Permit Holder”,
OF THE THIRD PART
WHEREAS the Owner has applied to Vaughan for a Fill Permit to alter existing grades on the
lands.
AND WHEREAS Vaughan requires a Development Agreement prior to the issuance of a Fill
Permit
NOW THEREFORE in consideration of the premises, the parties hereby mutually covenant and
agree as follows:
1. The lands subject to this Agreement, hereinafter referred to as “the lands” are situated in the
City of Vaughan, in the Regional Municipality of York, being all of Lot No. _____,
Block No. ____, Plan No. ________________, Concession No. _________.
2. The Owner and Permit Holder shall use the lands only in compliance with all Vaughan By-laws.
a. The proposed grades shall be completed on the lands in the location as shown on the
approved building permit drawings under Permit No. _______.
b. The Permit Holder shall complete all drainage works in accordance with City of Vaughan
Lot Grading Criteria and as shown on the approved fill permit drawings. If the
information shown on the approved drawings is incorrect, the grading shall be
completed in a manner satisfactory to the Director of Development Engineering.
c. The Permit Holder shall provide and maintain the Site Erosion Control measures in
accordance with Schedule ‘B’ of City of Vaughan Fill By-law 189-96.
d. All landscaping and planting shall be completed in accordance with the approved fill
permit drawings. Such landscaping shall be by means of sodding, shrubs, trees, hedges
or flowers. The Permit Holder shall complete the landscaping as weather permits. The
Owner shall maintain all landscaping and planting in a healthy state and replace any
diseased or dead landscaping as soon as possible in accordance with good horticultural
practice.
e. All parking spaces and driveways shall be maintained with a stable surface so as to
prevent the raising of dust as shown on the approved drawings.
f. No work shall be undertaken on the lands to interfere with the existing drainage.
g. In the event the proposed grading is not completed as referred to herein or in the event
the Owner fails to properly maintain the works, Vaughan may enter upon the lands and
Fill Agreement File No. __________________
complete same or complete any remedial works at the expense of the Owner and the
cost may be registered as a lien against the property in the proper Land Registry Office.
3. The Owner shall indemnify and save harmless Vaughan and/or its employees from all actions,
suits, claims and demands whatsoever which may arise directly or indirectly by reason of a
requirement of this Agreement, save and except for damage caused by the negligence of
Vaughan or its employees. Upon execution of this Agreement, the Owner shall file with
Vaughan a certificate showing the Owner’s carrying public liability insurance in an amount of
not less than Five Million Dollars ($5,000,000.00) and that Vaughan is name as co-insured.
4. The Owner shall file a Letter of Credit in the amount of $____________ which Vaughan may
draw upon in order to complete works as shown on the approved drawings if the Owner fails
to do so.
a. Should the development of lands, in accordance with the Agreement, require the
installation of services on or access over a public road allowance or public lands, the
Permit Holder and Owner shall be responsible for the restoration of the lands to their
former condition and for the repair of all damage, to the satisfaction of Vaughan.
Should the Permit Holder and Owner fail to restore the affected area to the satisfaction
of Vaughan, the work may be done by Vaughan within 30 days of demand and if
payment is not made then Vaughan may recover the cost from the Letter of Credit.
b. The Permit Holder shall keep all roads and sidewalks used for access to the lands in
good, mud and dust free condition during construction. The Permit Holder and Owner
shall keep the construction area clear of all unused construction materials and debris
and shall clean up any debris that may be deposited or blown onto surrounding
property. It the Owner fails to carry out any of the above-noted works within 24 hours
of written notice from Vaughan, the work may be done by Vaughan at the Owner’s
expense. The Owner shall reimburse Vaughan within 30 days of demand and if payment
is not made, Vaughan may recover the cost from the Letter of Credit.
5. Prior to the release of the Letter of Credit, the Owner shall fulfill the conditions set out in this
agreement, to the satisfaction of Vaughan. The Owner shall arrange for an inspection of the
lands through the Vaughan Finance Department. OWNERS ARE ADVISED that the
Development Engineering Department will conduct TWO inspections pursuant to this
paragraph. An applicable fee must be paid to the Vaughan Finance Department prior to each
additional inspection by any of the above-mentioned Departments. Upon completion of all
works required by this agreement and rectification of all deficiencies, to the satisfaction of the
City Departments noted in this agreement, the Letter of Credit may be released by the Finance
Department, subject to any adjustment for outstanding inspection fees.
6. No waiver of any of the provisions of this agreement shall be deemed or shall constitute a
waiver of any other provision (whether or not similar) nor shall such waiver constitute a
continuing waiver unless otherwise expressly provided. Any waiver of, or consent to depart
from, the requirements of any provisions of this Agreement shall be effective only if it is in
writing and signed by an authorized representative of the party giving it, and only in the
specific instance and for the specific purpose for which it has been given. No failure on the
part of any party to exercise, and no delay in exercising, any right under this agreement shall
Fill Agreement File No. __________________
operate as a waiver of such right. No single or partial exercise of any such right shall preclude
any other or further exercise of such right or the exercise of any other right.
7. If any notice is required to be given by the City to the Owner with respect to this Agreement,
such notice shall be delivered, mailed or faxed to:
Name: ____________________________________________________
Address: ____________________________________________________
City: ____________________________________________________
Postal Code: _____________________________________________________
Attention: _____________________________________________________
Fax: _____________________________________________________
Or such other address as the Owner has given the City Clerk in writing or notice may be given
to the Owner by prepaid registered mail and any such notice shall be deemed to have been
delivered on the third business day after mailing or the same day if by fax. If notice is to be
given by the Owner to the City it shall be similarly given to:
The Corporation of the City of Vaughan
Development Engineering Department
2141 Major Mackenzie Drive
Vaughan, Ontario
L6A 1T1
Attention: Frank Suppa, Director
Fax: 905-832-6145
IN WITNESS WHEREOF the Owner and Permit Holder have hereunto set their hands and
seals, and Vaughan has hereunto affixed its corporate seal duly attested by the proper officers
in that behalf.
SIGNED, SEALED AND DELIVERED
in the presence of
THE CORPORATION OF THE CITY OF VAUGHAN
_______________________________________
Frank Suppa
Director
Development Engineering Department
_______________________________________
_ Owner
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Completed 9 May 2021

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