Title
Bylaw 2023-02 - Surface Drainage and Lot Grading
Proposed Motions
1. That Bylaw 2023-02 receive first reading.
2. That a public hearing be scheduled on February 13, 2024 at 9:30 a.m. at Parkland County Center, Council Chamber to hear public comment on Bylaw 2023-02.
Body
Administration Recommendation
Administration supports the proposed motions, as presented.
Purpose
Bylaw 2023-02 is a bylaw for the purpose of regulating and controlling surface drainage and lot grading within Parkland County.
Summary
As per Parkland County Engagement Policy C-AD51, Engineering Services has completed a public engagement plan and associated tasks allowing Engineering Services to present Bylaw 2023-02 for first reading and to schedule a public hearing to hear final public comment on Bylaw 2023-02.
The Public Engagement Plan completed the follows:
• Presented Bylaw 2023-02 and Policy C-PD17 on March 7, 2023 to Governance and Priority Committee (GPC)
• Presented amendments to Bylaw 2023-02 and Policy C-PD17 on June 20, 2023 to GPC.
• Launched Bylaw webpage August 8, 2023
• Completed 1st Open House August 15, 2023 (Entwistle) and August 16, 2023 (Parkland County Centre)
• Completed 2nd Open House November 21, 2023 (Entwistle) and November 22, 2023 (Parkland County Centre)
• Requested endorsement from external development/industry agencies; National Association for Industrial and Office Parks (NAIOP) and Urban Development Institute (UDI), at the time of writing this report responses were pending December 4, 2023
Administration reviewed and discussed similar policy and legislation with local regional municipalities and find that Bylaw 2023-02 would align with industries standards and legislation.
Administration has completed: discussions with other regional municipalities, internal and external reviews, taken into consideration legal and legislative regulation and rulings, as well as improved upon other local municipalities legislation, based on recommendations made by their administration and external legal to help ensure better quality product/result for Parkland County. Administration has reviewed current internal practices and have developed proposed Bylaw 2023-02 in a manner that can be implemented with our existing resources.
Historical Information:
Presented Bylaw 2023-02 and Policy C-PD17 on March 7, 2023 to Governance and Priority Committee (GPC)
Presented amendments to Bylaw 2023-02 and Policy C-PD17 on June 20, 2023 to GPC.
Strategic Plan/Policy/Legal/Staff Implications:
PILLAR A - Complete Communities
Goal #3: To ensure that County infrastructure meets the needs of residents, business, and industry.
This Bylaw and Policy will better support a more harmonious approach to Parkland County’s infrastructure, in how it expands its existing networks and/or rehabilitates its existing ones to consider surface drainage and lot grading activities. It will also help address the negative impacts that occur to Parkland County infrastructure through non-compliant activities.
PILLAR C - Respecting Environment and Agriculture
Goal #1: To develop a policy framework that ensures the protection of environmentally significant areas.
This Bylaw and Policy are directly related to Pillar C, Goal 1; as it is legislation that will provide administration and public direction to surface drainage and the adverse effects on the environment, both adjacent and downstream. The Bylaw will support enforcement services in addressing and protecting against non-compliant activity that may have had a negative impacted on the environment.
PILLAR D - Responsible Leadership
Goal #1: To ensure that County Council is supported by a robust and current framework of bylaw, policies, and plans.
This Bylaw and Policy are directly related to Pillar D, Goal 1; as it is legislation accepted by the direction of Parkland County Council and Executive Committee that provides a baseline framework to support Administration and Enforcement Services. By accepting this legislation, it brings Parkland County into alignment with other municipal legislation.
Financial Impact:
Cost: n/a
Source of Funding: n/a
Other:
Legal:
The Surface Drainage and Lot Grading Bylaw has been reviewed by Parkland County’s Internal Legal department as well as External Legal Advisor, “Brownlee LLP”.
Approval of this Bylaw will bring it into County Legislation by way of Part 2, Section 7 of the Municipal Government Act.
Staff Implications:
Positive:
• Supports Enforcement Services through new legislation that addresses drainage and lot grading issues, not presently available to Parkland County in existing Policy or Legislation.
• Provides a framework basis for Administration and Enforcement Services to process drainage and lot grading services. Which in turn create efficiencies in processing surface drainage and lot grading activities.
• Aligns staff with clear direction on Parkland County’s stance, regarding surface drainage and lot grading activities.
• Gives Parkland County the authority to act upon non-compliant activity that has negatively impacted the environment through better coordination and legislative conditions.
Negative:
• Draw public awareness to drainage concerns thus increasing complaint driven inquiries on Administration and Enforcement Services time or public expectations on Parkland County levels of service with regards to drainage issues.
• Misunderstanding of new legislation by the public, resulting in Administration and Enforcement Services being asked to advise or facilitate civil disputes. It should be made aware that not all drainage issues are addressed in this new legislation and that Parkland County does not provide mitigation/arbitration services between disputing residents/businesses.
• Misunderstanding of Parkland County’s authority. When it comes to managing and regulating natural occurring water bodies or drainage courses, these are Provincially regulated by Alberta Environment and Parks (AEP) not Parkland County.
• Mixed reception by public. Historically Administration has not requested lot grading plans or lot grading certificates for small subdivision applications (1-4 lots) and/or development permit applications. There will be added costs to the Applicant to generate Engineered grading plans and/or confirm on-site grading requirements. This may be perceived as more red tape administration. Administration’s expectation is that this will reduce Administration and Enforcement time spent facilitating conflicts that arise from surface drainage and grading issues in the future. This process is required to properly enforce/facilitate surface drainage and lot grading conflicts.
• Additional time processing and reviewing submittal documents will primarily be absorbed by the Land Development Engineering (LDE) team. Currently LDE completes Engineering compliance reviews for approximately 5-20% of the estimated 400-500 Development Permits that are received annually by Parkland County’s Development Planning team. Depending on the proposed site improvements and applications requested, LDE has estimated this could increase to 40-60% review of incoming Development Permits.