Commercial site &
landscape construction

You generally need a Notice of Project if any of these is true:

• Labour and materials will cost more than $50,000.
• A trench workers may enter is more than 300 m long.
• A trench workers may enter is more than 1.2 m deep and over 30 m long.
• The project involves an earth-retaining structure more than 3 m high.

Workers can't enter an excavation deeper than 1.2 m unless its walls are sloped, shored or protected by a trench box. Keep spoil (dug-out soil) and equipment at least 1 m back from the edge.

Under O. Reg. 406/19, the project leader — usually the owner or developer — has the main duties.

• Reuse-planning steps, like filing a notice and sampling, often don't apply to sites removing less than 2,000 m³.
• Small sites can still need planning if part of the site was a gas station, garage, dry cleaner or industrial use. Treat 2,000 m³ as a first check and confirm with your consultant.
• Soil of 100 m³ or less taken straight to a waste disposal site has its own exemption.
• Keep hauling records for two years after the soil is loaded. Keep most other documents made under the regulation for seven years.

A retaining wall may be a designated structure under the Ontario Building Code. That applies when its exposed face is over 1,000 mm high. It must also be next to public property, access to a building, or private property the public uses. Designated structures generally need a building permit and a professional design. Guards may also be required — confirm with your designer.

These rules cover new or redeveloped outdoor paths. They apply to public-sector organizations, and to businesses and non-profits with 50 or more employees. Covered paths need at least 1,500 mm of clear width (1,200 mm at a curb-ramp turning space).

• A running slope (along the path) no steeper than 1:20, or it must be designed as a ramp.
• A cross slope (side to side) no more than 1:20 on asphalt and concrete (we treat concrete pavers and slabs the same way) — 1:10 on other surfaces such as compacted aggregate.
• A firm, stable, slip-resistant surface.
• Openings no larger than 20 mm.
• At least 2,100 mm of headroom.

The City holds landscape securities until it's satisfied the approved landscape works are built and the planting has established. Release timing and conditions, such as inspections, sign-off and any partial reductions, are set by your site plan agreement. Confirm them with the City.

• Hamilton’s standard landscape notes require landscaping to be installed "prior to the end of the first growing season following the occupancy".
• On Hamilton-reviewed plans, contractors give a minimum one-year warranty from acceptance.
• 25% of a tree protection deposit is held for a two-year maintenance period.