We have reviewed the current…

We have reviewed the current proposal and offer the following comments:

1. Changes to O.Reg. 153. , specifically the mixed use Exemptions 15.(1) that allow for residential use above ground floor commercial up to 6 storeys in total:

It is unclear whether the proposed exemption applies to only existing structures or existing and new structures. We believe that the exemption should apply to both existing and new construction as the risk mitigation provided to upper levels of a sensitive use by a less sensitive ground floor is the same regardless of when the structure was constructed. Similarly, we do not understand the limitation of 6 storeys and would suggest that additional residential floors can be added providing much needed housing, favorable densities and associated economic development while maintaining a risk mitigation through ground floor less sensitive land use.

2. On-site and Excess Soil

We believe that soil should be permitted to move from one infrastructure project to another infrastructure project of the same municipal authority - ie. roadway construction to roadway construction - without the administrative inefficiency of extensive registration or tracking. Qualified Persons working on municipal infrastructure projects can, and do, manage documentation and due diligence risk requirements for projects to ensure protection of environment and the public.

3. Temporary Excess Soil Stockpile Sites

We believe that TESSS sites should be permitted to be established and operated by Municipalities without the regulatory duplication and administrative inefficiency of registration with the MECP. Furthermore, it is unclear whether there is a 2,500 m3 limit on an entire TESSS or if the limit is per stockpile. If it is a site-wide limit we submit that this is grossly inadequate and would not provide meaningful support for most municipal scale infrastructure projects. If a site-wide maximum is to be applied we believe it should be as specified within municipal zoning permissions for specific TESSS sites.

Respectively submitted,
City of Kingston

Brodie Richmond, P.Geo. (Ltd)
Manager, Environmental Projects

Paul MacLatchy, P.Eng.
Environment Director