Citation

1   This Bylaw No. 2045-2011 may be cited as "Storm Water Source Control Bylaw, 2011".

Interpretation

2   (a) Appendix "A" contains definitions of terms used in this Bylaw.

(b) Words or phrases defined in the British Columbia Interpretation Act, Community Charter or Local Government Act or any successor legislation, shall have the same meaning when used in this Bylaw unless otherwise defined in this Bylaw.

(c) In this Bylaw, unless the context otherwise requires, the singular shall include the plural and the masculine includes the feminine gender.

(d) The headings contained in this Bylaw are for convenience only and are not to be construed as defining, or in any way limiting, the scope or the intent of the provisions of this Bylaw.

(e) If any portion of this Bylaw is for any reason held invalid by any court of competent jurisdiction, the invalid portion must be severed and the severance must not affect the validity of the remainder.

Application

3   (a) This Bylaw applies to the control, management, treatment and disposal of storm water runoff from all lands located within those areas of the City shown outlined in bold on Drawing D-1018, a copy of which is attached to and forms part of this Bylaw as Appendix "C".

(b) This Bylaw is intended to supplement the provisions of the City of Abbotsford's Development Bylaw, 2006, Bylaw No. 1565-2006, as amended or replaced from time-to-time, and where conflicts or ambiguities occur between this Bylaw and the Development Bylaw, this Bylaw shall prevail.

(c) Nothing in this Bylaw relieves a person from complying with the provisions of City of Abbotsford's Development Bylaw, 2006, No. 1565-2006, as amended or replaced from time-to-time, and any regulations thereto, and with all other applicable local, provincial or federal enactments.

Storm water runoff system

4   (a) No person shall carry out Development on any lands comprising part of the CICP Lands or the Airport Lands without first:

(i) obtaining the City's written approval of a Plan for the lands;

(ii) installing a System on the lands in accordance with the approved Plan; and

(iii) granting the City a Section 219 (Land Title Act) Covenant and Statutory Right of Way substantially in the form contained in Appendix "F" of this Bylaw, providing assurances as to the continued operation, performance, maintenance and monitoring of the System and approval of a plan for the emergency containment and clean-up of spills of contaminants on the lands.

(b) Every application for approval of a Plan shall be submitted to the General Manager, Engineering Services and Regional Utilities.

Discharge of storm water

5   No person shall discharge, or cause or permit the discharge of storm water into or off of any lands comprising part of the CICP Lands or the Airport Lands except by means of an approved System installed in accordance with an approved Plan.

Repealed

6   [Repealed, B/L 3063-2020.]

1.   Filterra Storm Water Bioretention filtration system as manufactured by Filterra Bioretention Systems, a division of Americast. This product has received from the State of Washington Department of Ecology a General Use Level Designation (GULD) for Basic, Enhanced and Oil Treatment in accordance with the Technology Assessment Protocol (TAPE).

Source Controls

1   (a) "Source Controls" are on-site features and facilities used to provide water quality treatment, rate control or volume reduction of storm water runoff.

(b) Water quality treatment of storm water runoff is required for areas draining to groundwater. Water quality treatment, rate control and volume reduction are required for areas draining to watercourses.

(c) Water quality treatment source controls remove storm water pollutants by filtering runoff through vegetation and soil media. They consist of on-site absorbent soil layers, bio-infiltration and bio-filtration facilities such as vegetated swales, rain gardens, swales and basins or equivalent systems as listed in Appendix "B", attached to and forming part of this Bylaw.

(d) Water quality treatment Source Controls shall be designed to provide treatment of runoff from pollutant generating surfaces such as roads, driveways, parking and storage areas and loading docks.

(e) Source Controls shall be located upstream of other storm water or drainage facilities such as detention facilities.

Storm water criteria

2   Applicable storm water runoff criteria shall include Sections 4 and 5 of the City of Abbotsford's Consolidated Development Bylaw, 2006, Bylaw No. 1565-2006, as amended or replaced from time-to-time, plus groundwater and watercourse protection criteria, as follows:

Storm water management plans

3   (a) One of three storm water treatment type scenarios apply to each lot depending on its location, on the receiving water (groundwater or watercourse), and the presence of poorly-draining or well-draining soils:

(i) Type 1: On-Site Bio-Infiltration Treatment & 100-year Infiltration to Groundwater - apply in well-draining soils areas (>50 mm/hr infiltration rate after safety factor of three (3) is applied);

(ii) Type 2: On-Site Treatment with Conveyance to Off-Site Regional Infiltration Draining to Groundwater - apply in poorly-draining soils (<50 mm/hr infiltration rate with safety factor of three (3) applied); or

(iii) Type 3: On-Site Bio-Filtration Treatment, Retention and Detention with Drainage to a Watercourse - apply in poorly-draining soils (<50 mm/hr infiltration rate with safety factor of three (3) applied).

(b) Consideration should also be given to depth to groundwater and potential for groundwater mounding.

(c) Storm water infiltration is not permitted within the 150 day capture zone of potable water well heads.

(d) Care must be taken when sizing and locating source controls in areas where underlying soils are clays dominated by Smectite Group mineralization (specifically Montmorillonite). These clays are prone to swelling and may result in differential settlement. A professional hydro geologist shall be consulted when designing facilities in clay soils.

(e) Three treatment types are detailed in the following Table 2.

Source Control design

4   (a) Types of Source Controls

(i) Amended Soil for Pervious Areas: an absorbent soil layer that replaces the stripped topsoil and better simulates the natural hydrology of the area by retaining frequently occurring rainfall within the soil layer. Rainfall is evapotranspirated or infiltrated similar to natural processes instead of running off with pronounced peak flows and volumes.

(ii) Bio-Filtration Treatment: Bio-filtration treatment removes storm water pollutants by percolation of flows through a vegetation and soil media. They can be swales, rain gardens and basins. Pollutant removal mechanisms include filtration, pollutant sorption to soil and uptake in vegetative root zones. Depending on the site location, refer to Figure 1 or 2 of Appendix "E", attached to and forming part of this Bylaw.

(iii) Retention Facility: Retention facilities retain frequently occurring runoff on-site and slowly exfiltrate over time and/or evapotranspirate it. These facilities are used to meet the Volume Reduction criterion in areas with poorly-draining soils that drain to watercourses. Refer to Figures 3 and 4 of Appendix "E", attached to and forming part of this bylaw.

(iv) Infiltration Trench for runoff from roofs; see the City of Abbotsford's Consolidated Development Bylaw, 2006, Bylaw No. 1565-2006, as amended or replaced from time-to-time.

(v) Detention facility; see the City of Abbotsford's Consolidated Development Bylaw, 2006, Bylaw No. 1565-2006, as amended or replaced from time-to-time.

(b) Amended Soil for Pervious Areas

(i) Amended topsoil shall be used in all pervious areas of the site and road right-of-ways. The minimum amended topsoil depth is 0.30 m in grassed areas and 0.5 m in planted areas

(ii) The following specification shall be used if topsoil is processed onsite by adding necessary components to the native topsoil. Alternatively, if native topsoil is not reused, topsoil meeting the MMCD 2000 Section 02921 or MMCD 2009 Section 329121 specification shall be purchased from local suppliers.

(iii) Amended Soil Specification

(c) Pre-Treatment for Roof Runoff Prior to Infiltration

(i) Roofs that are subjected to atmospheric deposition and normal heating and venting do not require treatment of roof runoff. However, to minimize clogging and maximize the life of downstream infiltration facilities, the roof runoff infiltration design shall incorporate a manhole sump between building and infiltration facility.

(ii) See Standard Drawing in the City of Abbotsford's Consolidated Development Bylaw, 2006, Bylaw No. 1565-2006, as amended or replaced from time-to-time, for typical roof runoff infiltration trench.

(d) Sizing Considerations for Water Quality Treatment Source Control

(i) Water quality treatment is typically provided by vegetation, mulch and soil media in a swale, rain garden or basin. The vegetated soil layer shall be sized to meet the rainfall events set out in Section 2 of this Schedule.

(ii) The vegetation soil layer in the facility has a limited infiltration rate regardless of the subsurface infiltration. A maximum facility infiltration rate of 30 mm/hr shall be used.

(iii) Raised inlets within the facility shall be provided to allow flows greater than the treatment volume to be conveyed directly to an underlying rock trench with perforated pipe for dispersion for infiltration or retention for Volume Reduction. During frozen ground conditions when infiltration through the treatment facility is hindered or blocked, the inlets allow flows to be conveyed underground to be infiltration or retained. Design requirements for inlets shall:

(A) include a sump and perforated pipe into underlying rock trench; and

(B) be raised 100 mm above the swale invert to promote ponding and infiltration of small storm event runoff into the amended topsoil before overtopping.

(iv) Runoff into the facility shall be distributed to avoid concentrating flows and locally overwhelming the treatment capacity. This can be accomplished by utilizing smaller, distributed or linear facilities rather than large, centralized facilities.

(A) Flat panel curbs adjacent to the swales shall be used instead of curb cuts or piping flows into the swale.

(B) The maximum ratio of tributary pavement area to facility plan area shall be 15:1 to avoid overwhelming the treatment capacity.

(v) Refer to Figures 1, 2 and 3 of Appendix "E", attached to and forming part of this bylaw.

(e) Design Considerations for Water Quality Treatment Swales

(i) The minimum depth of the swale shall be 300 mm.

(ii) The minimum bottom width shall be 0.5 m.

(iii) The maximum side slopes shall be 2H:1V.

(iv) The maximum longitudinal slope shall be 2.0%.

(v) The minimum amended topsoil depth in the swale shall be 500 mm.

(vi) The amended topsoil specification is listed in Section 4 (b) of this Schedule.

(vii) A perforated pipe underdrain is required to prevent the topsoil from becoming saturated in areas of poorly draining soils.

(viii) A 30 mm drop is required at the edge of paving or panel curb to finished ground surface, to allow for positive drainage and compensate for build up of sediment at this edge.

(ix) The swale shall be planted using native vegetation selected by a qualified professional. Deciduous trees should be limited to manage leaf drop from clogging facility.

(x) Refer to Figures 1, 2 and 3 of Appendix "E", attached to and forming part of this Bylaw.

(f) Design Considerations for 100-Year Infiltration Trenches Underlying Treatment Swales

(i) The infiltration trench media shall be wrapped with filter fabric to prevent fines from migrating in from the sides of the trench and from the amended topsoil above.

(ii) Above-ground inlets in the treatment system shall connect to the subsurface system for flows in excess of the rate that can soak into the amended topsoil (at 30 mm/hr maximum) and for all flows during frozen ground surface conditions. Refer to Figure 1 of Appendix "E", attached to and forming part of this Bylaw.

(iii) The depth of the trench shall be governed by the groundwater table or bedrock elevation and also by the allowable drain time.

(iv) An infiltration system may not be used where bedrock or impervious ground or maximum seasonal water table is within 1.0 m of the base of the infiltration system or where a professional hydro geologist recommends one not be used.

(v) The minimum distance from an infiltration system to property lines - save and excepting the front property line - shall be the greater of either 3.0 m or the Zoning Bylaw setback requirement to minimize potential impacts to adjacent properties.

(vi) The minimum distance from an infiltration system to proposed or existing foundation walls shall be 5.0 m or as recommended by a professional geotechnical engineer.

(vii) Avoid utility or other crossings of the infiltration system. Where utilities must cross the infiltration system, construct impermeable trench dams to avoid conveying infiltration water along the utility trench.

(viii) The design of an infiltration system shall be based on the saturated infiltration rate of the native soil at the design depth of the trench. Rates may be determined using standard percolation tests performed and monitored by qualified geotechnical testing personnel and in the presence of a City Works Inspector. The measured rate will be divided by a safety factor of 3.0 for design calculations of 100-year infiltration facilities. The maximum infiltration rate allowed in facility sizing calculations shall be 1,000 mm/hr.

(ix) A groundwater table mounding calculation shall be performed by a qualified hydro geologist when sizing infiltration systems in areas where the maximum seasonal water table is within 5 m of the ground surface.

(x) The base area only of the infiltration system shall be considered as permeable for infiltration.

(xi) The base of the infiltration system shall be level to maximize the infiltration area.

(xii) The maximum allowable storage time is 24 hours.

(xiii) A "Drainage Analysis Sheet", as contained in City of Abbotsford Consolidated Development Bylaw 1565-2006, as amended or replaced from time-to-time, shall be submitted to the Engineer. The City may provide calculations based on the information supplied.

(xiv) Refer to Figure 1 of Appendix "E", attached to and forming part of this Bylaw.

(g) Design Considerations in Low Permeability Soil Areas

(i) This subsection is applicable to both water quality treatment and volume reduction facilities.

(ii) For areas draining to watercourses, Volume Reduction is required for all surface drainage (roads, parking areas, roofs) and Water Quality Treatment is required for pollutant generating surface drainage (roads, parking areas). In areas with low permeability soils where infiltration is not a viable option, retention and bio-filtration facilities shall be used. Pollutant generating surfaces will require bio-filtration facilities with vegetated soil layers underlain by retention rock trenches. Roof runoff typically doesn't require treatment therefore the bio-filtration component is not required, but retention for volume reduction is required.

(iii) Retention facilities can include a bio-filtration surface to provide water quality treatment and underlying rock trench for volume reduction.

(iv) The bio-filtration and retention facility shall be sized to capture a 6-month 24 hour runoff volume. This volume is to be retained in the void spaces of the amended topsoil layer and underlying retention trench assuming dry initial conditions.

(v) The tributary catchment runoff volume is calculated by multiplying the catchment area by 72% of the 2-year, 24 hour rain depth (52 mm).

(vi) The rock trench shall be capable of draining from full to empty within 4 days after the end of a storm. To ensure this, the maximum depth of the rock trench shall be the smaller of:

(A) 2 m; or

(B) infiltration rate (mm/hr) x 24 hr/day x 4 days / (1,000 mm/m x porosity).

(vii) The infiltration rate of the trench shall be the saturated infiltration rate of the soil at the design depth of the trench. Rates may be determined using standard percolation tests but they shall be performed and monitored by qualified geotechnical testing personnel and in the presence of a City Works Inspector. No safety factor is required for retention facilities in poorly-draining soils because the surrounding drainage system is sized for adequate flood conveyance and life and property is not at risk.

(viii) The porosity of a rock trench shall be 0.35 minimum or less.

(ix) The water holding capacity of the amended topsoil is calculated by multiplying the swale area by 0.20 times (the difference between the soils field capacity and wilting point) the swale topsoil depth. This volume can be subtracted from the total catchment runoff volume to calculate the required retention trench capacity.

(x) The retention trench capacity shall be calculated as the sum of the trench porosity volume and the infiltration volume during the 24-hour storm.

(xi) Trench porosity volume = trench bottom area x trench depth x porosity.

(xii) 24-hour infiltration volume = trench bottom area x infiltration rate x 24 hours

(xiii) The water balance can be expressed as follows:

(xiv) An overflow is required to convey excess flows to drainage system.

(xv) Refer to Figures 2, 3 and 4 of Appendix "E", attached to and forming part of this Bylaw.

(h) Design Considerations for Underlying Rock Trenches

(i) This section applies to areas with low permeability soils draining to watercourses and without regional infiltration facilities (i.e. Peardonville and Mt. Lehman).

(ii) The retention trench shall be wrapped with filter fabric to prevent fines from migrating in from the sides of the trench and from the amended topsoil above.

(iii) A perforated pipe underdrain is required at the top of the retention trench to prevent the topsoil from becoming saturated in poorly draining soils areas. A sump is required between the inlet and perforated pipe. See Figures 3 and 4 of Appendix "E", attached to and forming part of this Bylaw.

(iv) Incorporate inlets from the swale into the storm sewer system raised 100 mm above the swale invert to promote ponding and infiltration of runoff from small storm events into the amended topsoil.

(v) Inlets shall be sized for the minor system peak flow (10-year).

(vi) Incorporate safe overflow path from the swale towards the municipal major flow system for flows in excess of the 10-year return period.

(vii) Refer to Figures 2 and 4 of Appendix "E", attached to and forming part of this Bylaw.

Inspection and maintenance

5   The property owner shall be responsible for initial and ongoing inspection and maintenance of the System, including all on-lot Source Control facilities, in accordance with the terms, conditions and requirements of the Section 219 (Land Title Act) Covenant and Statutory Right of Way referred to in Section 4 (a) (iii) of this Bylaw.

Site grading and minimum building elevation

6   (a) All Parcels shall be graded toward the municipal Major Drainage System or Failsafe Conveyance Route

(b) The Minimum Building Elevation of all Parcels shall be 150 mm above the 100 year storm water hydraulic grade line for storm sewers, roadways or Failsafe Conveyance Route whichever is highest. Failsafe Conveyance Routes are identified in the Clearbrook and Peardonville Storm Water Management Plans as roadways that would typically not be used for flood conveyance, but would act as a failsafe route in the event of infiltration failures.

INTERPRETATION

1.   (a) In this Agreement:

"Contaminant" means any hazardous, corrosive or toxic substance, waste or other pollutant or contaminant which is prohibited, controlled or regulated under any statute, law, regulation, order or bylaw of any federal, provincial or municipal government;

"Development" means the improvement of, or the carrying out of work on land, including but not limited to building, grading, tree removal and demolition and, for certainty, includes the construction of improvements on land requiring the issuance of a building permit but does not include the work required to install an approved System;

"Filterra System" means the Filterra Storm water bioretention filtration system as manufactured by Filterra Bioretention Systems, a division of Americast, having received from the State of Washington Department of Ecology a General Use Level Designation (GULD) for Basic, Enhanced and Oil Treatment in accordance with the Technology Assessment Protocol (TAPE).

"Plan" means a detailed storm water runoff management plan prepared by a professional engineer or geoscientist registered in British Columbia in accordance with the requirements of the Storm Water Source Control Bylaw,

"Rain Garden System" means a surface, storm water runoff management and treatment system utilizing a constructed soil/organic media with vegetated plantings to remove storm water pollutants by filtering storm water runoff substantially in accordance with the requirements and specifications contained in the Storm Water Source Control Bylaw.

"Spill Containment Plan" means an emergency spill containment and clean-up plan, prepared by a registered professional engineer or geoscientist, to be implemented upon the spill or deposit of any Contaminant on the Lands, whether or not such Contaminant has entered the System;

"Storm Water Source Control Bylaw" means Storm Water Source Control Bylaw, 2011, Bylaw No. 2045-20211, as amended or replaced from time to time;

"System" means a storm water runoff management and treatment system with one or more ground water monitoring wells, designed and installed on the Lands in accordance with the requirements of the Storm Water Source Control Bylaw.

(b) In this Agreement, unless the context otherwise requires, the singular includes the plural and the masculine includes the feminine gender.

(c) The headings contained in this Agreement are for convenience only and are not to be construed as defining, or in any way limiting, the scope or the intent of the provisions of this Agreement.

(d) If any portion of this Agreement is for any reason held invalid by any court of competent jurisdiction, the invalid portion must be severed and the severance must not affect the validity of the remainder.

1.   Pursuant to Section 219 of the Land Title Act, THE GRANTOR COVENANTS AND AGREES WITH THE CITY:

(a) that the Lands and any buildings on or to be constructed on the Lands shall only be used in accordance with this Covenant;

(b) that the Grantor shall not at any time carry out, or cause, allow or permit to be carried out on the Lands or any part thereof, any land use or activity listed in Schedule "A" attached to and forming part of this Agreement;

(c) that the Grantor shall, throughout the life span of the System and at the Grantor's expense, perform, or cause to be performed to the reasonable satisfaction of the General Manager, Engineering Services and Regional Utilities:

(i) regularly scheduled maintenance of the System in accordance with:

(A) in the case of a Filterra System or other proprietary system, the designer's or the manufacturer's recommendations appended as Schedule "B" of this Agreement; or

(B) in the case of a Rain Garden System, the requirements of Schedule "D" of this Agreement; and

(ii) such further maintenance measures as the General Manager, Engineering Services and Regional Utilities may reasonably require to ensure the efficient operation of the System;

(d) that the Grantor shall comply with and carry out all requirements of the Spill Containment Plan for the Lands approved by the City and attached as Schedule "C" and forming part of this Agreement;

(e) that the Grantor shall not, at any time or for any purpose store, use or deposit any herbicide, pesticide or fungicide on the landscaped areas of the Lands including those areas comprising the System;

(f) that the Grantor shall permit the City's officials, servants, agents and contractors to enter on the Lands at all reasonable times, in a reasonable manner and upon reasonable notice to the Grantor, for the purpose of inspecting the System to determine the state of physical repair and maintenance;

(g) that should the City's inspection of the System reveal that the System requires maintenance or repairs to bring the System back to its original design standards and specifications, the Grantor shall, upon receipt of the City's written notice, carry out the required maintenance or repairs within a time period of thirty (30) calendar days from the date specified in the City's notice, failing which, the City may, upon notice to the Grantor, enter on the Lands and carry out the necessary maintenance or repairs at the cost of the Grantor;

(h) that the Grantor shall:

(i) prior to December 31st of each year of operation of the System, provide an inspection report to the General Manager, Engineering Services and Regional Utilities prepared by a professional engineer or geoscientist registered in British Columbia certifying that the System is functioning as originally designed and intended or, if a proprietary System is provided, is functioning in accordance with any specifications prescribed by the manufacturers of the components of that System, and, where such inspection report is not provided in accordance with this Section 1(h)(i), the City may cause such report to be prepared at the cost of the Grantor; and

(ii) carry out such further maintenance measures as are recommended by the professional engineer or geoscientist in the inspection report referred to in Section 1 (h) (i);

(i) to save harmless and indemnify the City, its officers, invitees, licensees, employees, servants and agents harmless from and against all actions, causes of action, losses, damages, costs, claims, debts, injurious affection, and demands whatsoever and by any person, whether known or unknown, which has arisen or may arise out of or in any way due directly or indirectly to the granting and existence of this Agreement including:

(i) any breach of any covenant or agreement on the part of the Grantor contained in this Agreement or any steps taken by the City to enforce this Agreement upon a breach by the Grantor or to obtain redress in respect of any such breach; and

(ii) any injury to persons, including bodily injury and death or damage to or a loss of property on or about the Lands; and

(j) To do or cause to be done, at the expense of the Grantor, all acts reasonably necessary to grant priority to this Agreement over all charges and encumbrances which may have been registered against the title to the Lands in the Lower Mainland Land Title Office, save and except those specifically approved in writing by the City or in favour of the City.

2.   Pursuant to Section 218 of the Land Title Act, the Grantor does hereby grant to the City, its agents, contractors and consultants, for so long as the System is required to be operated and maintained on the Lands, a statutory right of way and the full, free, uninterrupted, and unrestricted right and liberty at all reasonable times and in a reasonable manner, to enter onto the Lands and inspect the monitoring wells constructed and installed on the Lands as part of the System in accordance with the requirements of the Storm Water Source Control Bylaw (collectively, the "Works"), and to bring on to the Lands all materials and equipment it requires or desires for the foregoing purposes.

3.   The Grantor hereby covenants and agrees with the City that the Grantor will:

(a) maintain the Works in a proper state of repair and not do or permit to be done any act or thing which will interfere with or injure the Works or impair the operating efficiency of the Works, or which will obstruct access by the City, its servants, employees, agents, contractors, materials, supplies or equipment to the Works;

(b) at such time as the City advises the Grantor that the System and the Works are no longer required for the Lands, either decommission the Works or provide wellhead protection for the Works in accordance with all applicable federal, provincial and municipal statutes, regulations and bylaws, and provide the City with a letter from a professional engineer or geoscientist certifying that the Works have been decommissioned or wellhead protection installed in accordance with all applicable laws; and

(c) permit the City to peaceably hold and enjoy the rights, liberties and statutory right of way hereby granted without hindrance, molestation or interruption on the part of the Grantor or of any person claiming by, through, under or in trust for, the Grantor.

4.   The City hereby covenants and agrees with the Grantor that the City will do all things hereby authorized to be done by the City over, through, under, and upon the Lands in a good and workmanlike manner and so as to cause no unnecessary damage or disturbance to the Lands or to any improvements thereon.

5.   IT IS MUTUALLY UNDERSTOOD, agreed and declared by and between the parties hereto that:

(a) at such time as the City determines in its sole discretion that the System and the Works are no longer required for the Lands, the City will grant a discharge of this Agreement from title to the Lands upon the request and at the expense of the Grantor;

(b) the City has made no representations, covenants, warranties, guarantees, promises or agreements (oral or otherwise) with the Grantor other than those contained in this Agreement;

(c) nothing contained or implied herein shall prejudice or affect the rights and powers of the City in the exercise of its functions under any public and private statutes, by laws, orders and regulations, all of which may be fully and effectively exercised in relation to the Lands as if this Agreement had not been executed and delivered by the Grantor;

(d) in addition to this agreement being contractual in nature, the covenants set forth herein shall charge the Lands pursuant to Section 219 of the Land Title Act and shall be covenants the burden of which shall run with the Lands. It is further expressly agreed that the benefit of all covenants made by the Grantor herein shall accrue solely to the City and that this Agreement may be modified by agreement of the City with the Grantor, or discharged by the City, pursuant to the provisions of Section 219 of the Land Title Act;

(e) wherever the singular or masculine is used herein, the same shall be construed as meaning the plural, feminine or the body corporate or politic where the context or the parties so require;

(f) this Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors and assigns;

(g) the parties hereto shall do and cause to be done all things and execute and cause to be executed all documents which may be necessary to give proper effect to the intention of this Agreement;

(h) this Agreement shall be governed and construed in accordance with the laws of the Province of British Columbia; and

(i) if any section, subsection, sentence, clause or phrase in this Agreement is for any reason held to be invalid by decision of a court of competent jurisdiction, the invalid portion shall be severed and the decision that it is invalid shall not affect the validity of the remainder of this Agreement; and

(j) every decision or determination required to be made by the City under this Agreement, including those made by the General Manager, Engineering Services and Regional Utilities for the City, shall be at the sole and absolute discretion of the City or the General Manager, Engineering Services and Regional Utilities for the City, as the case may be.

1.   abattoirs, meat processing facilities and commercial livestock handling facilities;

2.   asphalt and concrete batching plants;

3.   auto towing service compound;

4.   building interior liquid storage facilities that are below ground level;

5.   bulk storage, collection, processing, handling, use and transportation of solid waste, hazardous, toxic, or highly flammable or explosive substances, "dangerous goods" or "special wastes" as defined from time-to-time by applicable enactments;

6.   commercial vehicle parking not associated with on-site businesses, unless located on an area surfaced with asphalt or concrete including storm water detention;

7.   equipment or vehicle washing, unless contained indoors;

8.   exterior liquid storage facilities whether they be above or below ground;

9.   fuel dispensing facilities;

10.   material transfer facilities, unless contained indoors;

11.   the collection, storage, wrecking, repair or crushing of wrecked vehicles or vehicle parts; and

12.   vehicle maintenance, repair, sales, storage or impoundment unless contained indoors.

1.   Remove accumulation of litter and garbage from the surface of the rain garden on an as required basis.

2.   Annually remove accumulated silt and grit materials form the surface of the rain garden. Replace with amended soil media in accordance with the requirements and specifications of Appendix "D" of the Storm Water Source Control Bylaw.

3.   Immediately after a spill event, remove all contaminated amended soil and replace with approved amended soil media in accordance with the requirements and specifications of Appendix "D" of the Storm Water Source Control Bylaw.

4.   Maintain health of plant materials within the rain garden to ensure the preservation and viability of the root system.

5.   Clean catch basin sumps at a minimum of once per year.

6.   Remove, as required, material accumulations that might otherwise block the inlet to the catch basins within the rain garden.

7.   Power sweep all parking and travel aisle ways on a bi-annual basis. Sweeping to occur by the end of March and October of each year.