This page was exported from Caledon Citizen [ https://caledoncitizen.com ] Export date:Sat Nov 8 15:11:31 2025 / +0000 GMT ___________________________________________________ Title: Residents voice growing concerns over 0 Shaws Creek at Site Alteration By-law open house --------------------------------------------------- By Riley Murphy Local Journalism Initiative Reporter “I never thought that I would see this many people out at a site alteration by-law,” said Janet Eagleson, Manager of Public Affairs and External Relations at the Town of Caledon, while opening the Site Alteration By-law Open House that drew over fifty attendees. The proposed Site Alteration By-law will repeal and replace the Town's Current Fill By-law. This by-law aims to regulate the placement/removal of vegetation, topsoil, fill and/or grading or drainage alterations on private lands, in addition to outlining requirements for studies, permits, public notice, enforcement, and compliance with other federal, provincial, or regulatory agencies.  “It serves to mitigate the impact or public nuisances resulting from site alterations onto other private or Town owned lands,” said the Town of Caledon on their Have Your Say platform. Enforcement could be seen when entering and leaving the open house. When asked if they had been called to be there, one enforcement officer shared that a company had contacted them to attend. During the open house, Town Staff shared that the current by-law is about 18 years old, and they “need to make some real changes” to it. Many of those in attendance were concerned regarding 0 Shaws Creek Road, dubbed “Swan Lake.” In May, a motion was brought forward that would authorize a grading agreement allowing fill to be brought in to 0 Shaw's Creek Road. Eagleson shared that the by-law repeal and replacement did not follow the May motion. “It did not start in response to 0 Shaw's Creek Road, and I can look every single one of you in the face right now and say that with authenticity,” says Eagleson. “It picked up last year, 2024, and that work has been going on with our team in order to modernize it.” She shared the Town has been modernizing many by-laws over the last year-and-a-half to two years. Domenica D'Amico, Commissioner of Engineering, Public Works and Transportation with the Town of Caledon, said the current fill by-law “is really working to prohibit or regulate the placing or dumping of fill, storage or removal of topsoil, and alteration of grade.” “The current fill by-law is very restricted and really doesn't give me the flexibility that I need to support and regulate Caledon's projected growth,” says D'Amico. “I want to move away from an exemption practice to a by-law that addresses permit issuance and approval under a robust framework. “I'm trying to create a consistent approach across all development and all grading applications.” D'Amico said the process for a new by-law began in 2020 and stalled due to COVID. She noted that since she joined in June of 2024, they have been working on this site alteration by-law. Paula Boutis, Deputy Town Solicitor for the Town of Caledon, said there has been provincial change in the last 15 to 20 years around “the management of soil, the rehabilitation of soil and what to do with it.” The new proposed by-law has 14 parts, including prohibitions, exemptions, security, enforcement, interpretation, and more. The proposed by-law expands the number of prohibitions from three to thirteen, adding prohibitions tied to provincial plans, such as the Oak Ridges Moraine and Greenbelt. Boutis said she brought a lot to the discussion regarding “illegal trucking problems.” “Subsequent owners can be charged for leaving fill that's been illegally placed, and that's not something we can easily do under the current by-law,” said Boutis. On the topic of enforcement, Boutis shared that under the current fill by-law, there's “very little” that by-law officers can currently do. According to the current fill by-law, “The Building & By-law Enforcement Department shall be responsible for the administration and enforcement of this by-law.” The proposed by-law contains numerous penalties and offences. The proposed by-law requirements for issuing a permit are broken down into categories for small, medium, and large site alterations. Large-scale site alterations exceeding 10,000 m³ will require approval from the Council. Jim Walls, a geoscientist, has specialized experience working with excess soils, contaminated sites, and similar projects, and said “the by-law also provides details on how to do an application, what kind of engineering and scientific studies you might need for a small site or a medium site or a large site alteration.” He said for those seeking a site alteration and fill management plan for a large site, the process can be “extremely onerous.” The applicant will need to consider issues such as: “how they're going to determine what the quality of that soil is, what table of standards should apply for any new soil that's being brought in, how you're going to protect species at risk and maybe breeding bird seasons,” and more. Stefan Herceg, Technical Specialist at Region of Peel, shared the “implementation of this by-law, is modernizing the legislation to keep up with more stringent standards to protect our water resources.” Currently in the process of this proposed by-law, the draft by-law, manual and the flowchart were posted on September 17, and minor edits have been made based on already gathered feedback. After the open house, comments for consideration must be submitted by October 6 through either written comment sheets that night or the Have Your Say Town of Caledon page. The earliest date that D'Amico can take the site alteration by-law through a staff report back to Council is October 28. “What's the urgency?” D'Amico addressed the crowd, saying, “This is something that is long overdue and I really just want the right tool in my toolbox in order to be able to conduct Town business.” A question-and-answer period followed the presentation, during which attendees were allowed to ask one question each. The Q&A period was held for just under an hour. Attendees asked questions regarding the speed of the by-law process, a perceived lack of public consultation, the planned number of staff needed to monitor processes such as soil testing, the clarity of the by-law, and other related matters. “I would like to know the speed at which this is being pushed through,” said resident Cheryl Connors. “There is so much missing from the by-law and the manual, particularly the lack of public consultation along the way.” “We care about our community, the health and safety of our families. We're emotional about this. You are going to forever change the Town of Caledon, the fabric of our community, because we have never allowed large-scale fill operations before,” said Connors. D'Amico answered, “your current fill by-law isn't doing what you need it to do and that's putting us at more risk.”  “'I'm encouraging you all to understand that the rigor and the requirements stipulated under the new site alteration by-law would allow us to have more control and more implemented in the event of a large-scale application,” said D'Amico. “If we don't do this, it just means that illegal dumping is going to continue to happen, and I have no mechanism for that control. I am asking you to work with me here. I need a mechanism to be able to enforce what's already happening here at the Town.” Multiple residents voiced concerns over the use of “may” instead of must in the draft by-law when it comes to studies. “Why are we not making the rules clear? This is fill operators making millions and millions, if not hundreds of millions of dollars shipping in fill into quarries, into land, into other objects,” said resident Gord Boughner. Staff shared that site alteration and fill management plans are reliant on all of those studies being completed. “Avoidance is done at due diligence at the start of the process,” said Boughner. Resident Debbe Crandall raised the issue of 0 Shaws Creek during the question-and-answer period, and asked why “it even proceeded that far,” referencing the authorization of the application. “It had to happen that way because your current fill by-law would not otherwise allow even an application to be considered. This applicant was trying to do this in a legal way and bring the request forward. I, as the commissioner, do not have any authority under the fill by-law to do what I needed to do to even consider the application,” says D'Amico. “Why did you have to take those steps in the first place?” asked Crandall. “Because this property owner, irrespective of who it is, has a right to make an ask of the Town,” says D'Amico. “And I have to respond to that.” “We've had a number of scenarios prior to 0 Shaws Creek where we were trying to work within a system that was very restrictive and had already approached council, had happened three or four times prior to 0 Shaws Creek,” added Boutis. Two residents asked if staff would consider a “citizens group” of some kind where “the knowledgeable people that are in this room can give you firsthand knowledge of what's happening on the ground.” Staff shared they will consider the idea, and were happy to take names and emails that night or through the comment box feature. To access the comment box regarding the proposed by-law and also view the draft, flowchart, and proposal, visit haveyoursaycaledon.ca/site-alteration-bylaw-open-house. Comments must be submitted before October 6. --------------------------------------------------- Images: --------------------------------------------------- --------------------------------------------------- Post date: 2025-10-02 13:04:12 Post date GMT: 2025-10-02 17:04:12 Post modified date: 2025-10-09 11:06:57 Post modified date GMT: 2025-10-09 15:06:57 ____________________________________________________________________________________________ Export of Post and Page as text file has been powered by [ Universal Post Manager ] plugin from www.gconverters.com