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Home My WebLink AboutApril 07, 2011 - CouncilCOUNCIL AGENDA THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville Thursday, April 7, 2011 7:00 p.m. Page 1.CALL TO ORDER 2.DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3.APPROVAL OF MINUTES AND ADDITION OF AGENDA ITEMS (a)Minutes of the regular meeting of Council held March 24, 2011. (b)Minutes of the special meeting of Council held March 30, 2011. (c)Added Item(s) 4.DELEGATIONS (a)7:15 p.m. - Strickland's Bulldozing regarding "Proposed Expansion of Pit on Richmond Road". Item 6(d) (b)7:30 p.m. - William Pol from IBI Group regarding "5 Year Official Plan" review modifications. Item 6(e) (c)8:10 p.m. - Ron Bradfield regarding "Large Water Bill" as a result of recent leak. (d)8:20 p.m. - Steve Straub regarding "Municipal By-Law 2009-059 Enforcement Procedures". 5.INFORMATION ITEMS (a)Correspondence from Elgin WrapAround Initiative regarding "Fundraising Event". File: A01 (b)Correspondence from Communities In Bloom Ontario regarding "2011 Programs". (Infomation available on how to participate) File: A01 (c)AMO Breaking News dated March 28, 2011 regarding "2011 Provincial Budget Preserves Upload Schedule". 7-16 17-21 23-32 33-35 37 39-41 43-44 45-46 Page 1 of 381 Council Agenda April 7, 2011 Page 5.INFORMATION ITEMS File: A01 (d)AMO Report to Members regarding "March 2011 Board Meeting". File: A01 (e)Correspondence received from Local Authority Services Ltd. and Association of Municipalities of Ontario regarding "Spring 2011 Town Hall Sessions". File: A01 (f)Correspondence from East Elgin Community Complex regarding "Active Elgin Day". File: A01 (g)Correspondence received from the Ontario Association of Fire Chiefs regarding "Municipal Policitians Seminar". File: A04 (h)Correspondence from the County of Elgin regarding "Letter of Agreement Between The County of Elgin and The Thames Valley District School Board". File: A16 (i)Correspondence received from Ministry of Children and Youth Services regarding "Ontario Child Benefit". File: A16 (j)Correspondence dated March 4, 2011 from Ministry of Environment regarding "Taking Care of Your Drinking Water: A Guide for Members of Municipal Councils". File: A16 (k)Correspondence dated March 22, 2011 from Ministry of Health and Long-Term Care regarding "St. Thomas Elgin General Hospital Capital Redevelopment Proposal". File: A16 (l)Correspondence dated March 25, 2011 from Ministry of Infrastructure regarding "Government of Ontario's 10 Year Infrastructure Plan". File: A16 (m)Correspondence from County of Elgin regarding "Elgin County 2011 Budget". File: C01 (n)Elgin Group Police Services Board minutes of meeting held February 15, 2011. File: C06 (o)Correspondence dated March 28, 2011 from Elgin Group Police Services Board regarding "Ontario Provincial Police Costing". File: C10 47-48 49-51 53-54 55 57-59 61-62 63-65 67 69-73 75-79 81-91 93-94 Page 2 of 381 Council Agenda April 7, 2011 Page 5.INFORMATION ITEMS (p)Correspondence dated March 23, 2011 from Michael Down regarding "Dredging". File: C13 (q)Correspondence dated March 28, 2011 from Ministry of Tourism and Culture regarding "Project Ojibwa". File: D06 (r)Correspondence received from Lake Huron Primary Water Supply System regarding "Notice of Study Completion". File: E00 (s)Correspondence dated March 16, 2011 from Ontario Heritage Trust regarding "2011 Volunteer Recognition Programs". File: M02 (t)Correspondence received regarding "Budget 2011: Museum Programs Remain Intact". File: M06 (u)AMO Breaking News dated March 21, 2011 regarding "Emerging Fire Services Issues". File: P16 (v)Ontario Provincial Police News Release regarding "Property Recovered From Theft In Rodney". File: P17 6.PLANNING, DEVELOPMENT, RECREATION & TOURISM (a)Staff Report D2011-11 regarding "Jurenas Consent E29/11". File: D10.11 Jurenas (b)Staff Report D2011-12 regarding "Best Line Farms / VanLeeuwen Consent E13/11". File: D10.11 Best Line (c)Staff Report D2011-14 regarding "Friesen Consent E5/11 As Amended". File: D10.11 Friesen (d)Memorandum C2011-03 regarding "Strickland Bulldozing Delegation". File: D09 (e)Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". File: D08OPRev08 95-97 99-100 101 103 105-106 107-108 109 111-123 125-138 139-148 149-161 163-296 Page 3 of 381 Council Agenda April 7, 2011 Page 7.ROADS, AGRICULTURE & DRAINAGE (a)Staff Report PW2011-05 regarding "Replacement Box Unit #4". File: V01 (b)Staff Report PW2011-06 regarding "Landscaping Services - 2011". File: L04 8.PROPERTY, BUILDING & PROTECTIVE SERVICES (a)Building Permit Report for month ending March 31, 2011. File: P10 (b)Correspondence dated April 6, 2011 from the Lighthouse Gospel Church requesting permission to have a bon-fire on the Port Burwell East Beach Sunday, April 24, 2011 for an Easter Sunrise Service. File: C13 (c)Bayham Events Listing Form and Event Road Closure Request Form from The Elgin Military Museum regarding "Navy Blues" event. File: R06 9.FINANCE, ADMINISTRATION & PERSONNEL (a)Cheque Register being Cheque #10196 to Cheque #10266 inclusive, totaling $1,118,014.13 and Payroll Disbursements for the period ending March 20, 2011 totaling $57,099.45. (b)Correspondence from Township of Malahide to County of Elgin regarding "Impact of Fuel Price Increases". File: A16 (c)Correspondence dated March 24, 2011 from Stacy Neville requesting use of Vienna Park. File: C13 (d)Bayham Community Centres draft minutes of meeting held March 23, 2011 (Item 5 (b) & (d) require Council action), Draft By-Law 2011-030, being a by-law to amend rates and fees and Memorandum C2011-04 regarding "Purchase of Dishwasher". File: C06 10.ENVIRONMENT 297-300 301-303 305 307 309-310 311-320 321 323 325-329 Page 4 of 381 Council Agenda April 7, 2011 Page 10.ENVIRONMENT (a)2010 Annual Summary Report for the Port Burwell Area Secondary Water Supply System. File: E08 (b)Municipality of Bayham Distribution System Drinking Water System Inspection Report dated January 27, 2011. File: E08 (c)Richmond Community Water Inc. Well Supply Drinking Water Inspection Report dated January 27, 2011. File: E08 11.COMMITTEE OF THE WHOLE (a)In Camera. (b)Closed session minutes of the regular meeting of Council held March 24, 2011. (c)Verbal Report regarding advice that is subject to solicitor-client privilege, including communications necessary for that purpose. (Ojibwa Lease Negotiations) (d)Out of Camera. 12.BY-LAWS (a)By-Law 2011-028 A By-Law to authorize the renewal of an agreement (Wilson Lawn Care & Snow Removal) (b)By-Law 2011-030 A By-Law to further amend By-Law 2005-102 (Imposing Rates and Fees) (c)By-Law 2011-031 A By-Law to confirm all actions of Council 13.ADJOURNMENT (a)Adjournment 331-337 339-355 357-375 377 379 381 Page 5 of 381 Page 6 of 381 COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHÄM 9344 Ptank Road, Straffordville March 24,201t 7:00 PM 8:00 PM Public Meeting - Drainage The regularmeeting of the Council of the Municipality of Bayh¿tm was held on Thursday, March24, 201I in the Council Chambers. Present were Mayor Paul Ens, Deputy Mayor Mark Taylor, Councillors Tom Southwick, Wayne Casier and Ed Ketchabaw, Administrator Kyle Kruger and Clerk Lynda Millard' Planning Coordinator / Deputy Clerk Margaret Underhill, Chief Building Ofñcial / Drainage Superintendent Bill Knifton and Treasurer Denis Duguay we¡e in attendance to present their respective rqnrts. 1. CALL TO ORDER Mayor Ens called the meeting to order at 7:00 p.m. 2. DISCLOSURE OF PECTJNIARY INTEREST & THE GENERAL NATURE THEREOF None. 3. APPROVAL OF MINUTES AND ADDITION OF AGENDA ITEMS (a) Minutes of the regular meeting of Council held March 10, 201 I ' 201 1-1 18 Moved by Councillor W Casier Serconded by Deputy Mayor M Taylor 'TTHAT the minutes of the regular meeting held March l0,20ll be approved as circulated." CARRIED UNANIMOUSLY (b) Minutes of the special meeting of Council held March 14,201I. 20rt-ttg Moved by Deputy Mayor M Taylor Seconded by Councillor W Casier "THAT the minutes of the special meeting of Council held March t4,20llbe approved as circulated." CARRIED UNANIMOUSLY Page I of 10 Minutes of the regular meeting of Council held March 24, 2011.Page 7 of 381 Council Minutes March 24,2011 (c) Added Item(s) 20tt-120 Moved by Deputy Mayor M Taylor Seconded by Councillor W Casier "THAT in accordance with Section 21 of Procedural By-law 2002-93, Citizens of Vienna beautification correspondence be added to the agenda as items 9(i)." CARRIED UNANIMOUSLY 4. DELEGATIONS (a) 7:15 p.m. - Valerie Donnell regarding "Concession Stand - East Beach". File: F18 Ms Donnell proposed that Council consider renewal and extension of her food booth lease agrcement to a five, seven or ten year term. She suggested a longer term as she is considering investing in a new booth and hoped that it could be left on the east beach year round. There was consensus that the agteement be extended for a one year term and that Council initiate a request for proposals n20I2 for a longer term. 5. INF'ORMATION ITEMS (a) Excerpts from EON group of museum curators application for Sand Plains funding support. File: ,A'01 (b) Invitation from Warden Dave Mennill and the Elgin County Council to attend the Elgin County Library's 75th Anniversary. File: 416 (c) Correspondence from Thames Valley District School Board regarding "2009 - 2010 Director of Education's Annual Report". File: 416 (d) Correspondence dated March 9,2011 from Minister of Economic Development and Trade regarding "Project Ojibwa". File: 416 (e) Conespondence dated March 7,2011 from Minister Responsible for Seniors regarding "2011 Senior of the Year Award". File: 416 (Ð Copy of conespondence dated March l5,20ll from the County of Elgin to the Town of Ayhner regarding "funding of property assessment appeals". File: C10 (g) Museums Bayhamminutes of meetingheld March 9,2011- File: C06 (h) Lake Erie Region Source Protection Committee minutes of meeting held February 3, 2011. File: E00 Page 2 of 10 Minutes of the regular meeting of Council held March 24, 2011.Page 8 of 381 Council Minutes March 24,2011 (Ð Correspondence dated March 2011 from Ministry of Citizenship and Immigration regarding "Nerilcomer Champion Awards". File: M02 0) News Release from Southwest Ontario Tourism Corporation regarding "Executive Director named for Southwest Ontario Tourism Corporation." File: M06 20tt-l2l Moved by Councillor Casier Seconded by Deputy Mayor M Taylor "THÄT information items 5(a) through 5(i) be received for information." CARRIED UNANIMOUSLY 6. PLA¡INING. DEVELOPMENT. RECREATION & TOURISM 1. CORRESPONDENCE AI\D REPORTS (a) StaffReport D2011-10 regarding "Froese Consent Applications E20 - 23/11". File: D10.11Froese It was noted by Mayor Ens that Appendix "A" of the application does not identiff a barn and caffle appearing to be located within 300 metres of the proposed severances and there should be consideration for the Minimum Distance Separation (N{DS) requirement. Council agreed to defer a decision so that the application could be amended by the applicant and resubmitted. 20ll-122 Moved by Councillor W Casier Seconded by Councillor T Southwick "TIIAT StaffReport D2011-10 regarding the Froese Consent Applications be deferred.'f CARRIED UNANIMOUSLY 2. PUBLIC MEETING 20tt-123 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT the Council meeting be adjourned in order to hold a Public Meeting pursuant to the provisions of the Planning Act." CARRIED UNANMOUSLY Page 3 of 10 Minutes of the regular meeting of Council held March 24, 2011.Page 9 of 381 Council Minutes March 24'2011 PUBLIC MEETING 7:30 p.m. - Rezoning Application - to change the zoning on a 1.9 acre of land from the Agriculture (Al) Zone to the Rural Residential (RR) Zone to match the zoning of the lands to which it will merge submitted by Csinos Fanns Ltd. DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOT' None. STAFF PRESENTATION StaffReport D2011-09 regarding "Csinos Fa::ns Ltd. Rezoning" File: Dl4.Csinos The Planning Co-ordinator presented her rqlort, noting that no w¡itten comments or objections had been received. She added that the applicant Mr. John Csinos was in attendance to respond to any questions. PUBLIC COMMENTS There were no public comments. COUNCIL COMMENTS AND OUESTIONS Deputy Mayor Taylor questioned whether the rezoning application affected mapping. Ms. Underhill responded that rezoning changes fþs 2ening on a specified area in the zoning by-law. The consent creates a defined parcel identifred by a suney that affects mapping. ADJOURNMENT 20tt-t24 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT the Public Meeting be adjourned at 7:35 p.m." CARRIED I.INANIMOUSLY DISPOSITION OT'ITEM 20ll-125 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT StaffReport D2011-09 regarding the Csinos rezoning be received; AND THAT the zoning of the lands subject to Consent Application E58/10 be changed from.A.gricultural (41) to Rural Residential ßR); AI\D THAT ZoningByJaw 2587-2011be presented for enactment." CARRIED Page 4 of 10 Minutes of the regular meeting of Council held March 24, 2011.Page 10 of 381 Council Minutes March 24,2011 7. ROADS. AGRICULTURE & DRAINÄGE (a) StaffReport DR2011-004 regarding "Bartley Municipal Drain Revised Schedule D". File: E09 2011-126 Moved by Councillor W Casier Seconded by Deputy Mayor M Taylor "THAT StaffReport DR2011-004 be received; AI\D THAT By-Law #2011-025,being a By-Law to provide a revised Schedule "D" for the Barttey Municipal Drain Engineers Report No. 209138 from Spriet Associates be presented to Council for enactment." CARRIED UNANIMOUSLY 8. PROPERTY. BUILDING & PROTECTIVE SERVICES 9. T'INAI\CE. ADMINISTRATION & PERSONNEL (a) Cheque Registerbeing Cheque #10125 to Cheque #10195 inclusive, except Cheque #LOl7l totaling 5137,309.79 and Payroll Disbursements for the period ending March 6, 20ll totaling 559,7 35.34. It was questioned whether there was any way to reduce cell phone costs. The Adminisüator responded that the current contract will expire this year and staff are investigating options. 20lt-t27 Moved by Deputy Mayor M Taylor Seconded by Councillor W Casier "THAT Cheque Register being Cheque #10125 to Cheque #10195 inclusive, except Cheques #l0l7l totaling $137,309.79 and Payroll Disbursements for the period ending March 6,2011totaling $59'735.34 be approved.r' CARRIED I.INANIMOUSLY (b) Corespondence dated March l,20ll from County of Elgin regarding "Invitation to County of Elgin Warden's Charity Golf Toumament". File: 416 20tt-r28 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier I'THAT correspondence from County of Elgin regarding Invitation to County of Elgin Warden's Charity Golf Tournament and Sponsorship Request be deferred to budget discussions." CARRIED LINANIMOUSLY Page 5 of 10 Minutes of the regular meeting of Council held March 24, 2011.Page 11 of 381 Council Minutes March 24'2011 (c) Correspondence dated February 25,2011 f¡om Ministry of Agriculture, Food and Rural Affairs regarding "Appoinhent of Area and Municipal Weed Inspectors 2011". File: A16 20tr-t29 Moved by Councillor E Ketchabaw Seconded by Councillor T Southwick "TIIAT Jeff Lawrence of the Kettle Creek Conservation Authority be appointed as Municipal Weed Inspector on behalf of the Municipatity of Bayham.'r CARRIED UNANMOUSLY (d) Correspondence dated March ll, 20ll from Historis¿l Çqmmittee regarding "St. Luke's Anglican Church Vienna l50th Anniversary of the building of the church". File: C13 It was noted that the group no longer needed picnic tables as they plan to use the Vienna Community Centre. Councillor Casier added that a rental fee waiver would be appreciated. 201 1-130 Moved by Councillor T Southwick Seconded by Councillor E Ketchabaw "THAT correspondence from the Historical Committee regarding St. Luke's Anglican Church Vienna 150th Anniversary of the building of the church be received; AND THÁ.T the rental fees for the Vienna Community Centre be waived for the event, subject to availability and payment of required cleaning fees." CARRIED I]NANIMOUSLY (e) Correspondence dated March 15,20ll from CAA South Central Ontario and Ontario Good Roads Association regarding "CAA South Central Ontario and OGRA proposal to have H.S.T. gas tax revenue dedicated to transportation infrastructure and maintenance". File: 401 20Lt-t3t Moved by Councillor E Ketchabaw Seconded by Councillor T Southwick WHEREAS the introduction of the Harmonized Sales Tax (H.S.T.) on July 1,2010, and its application to gasoline and diesel sales will result in new revenue for the Government of Outario; WHEREÁ.S based on 2010 average price levels of gasoline and diesel, and 2009 average consumption levels in Ontario, the Government of Ontario's projected new revenue will be approximately $1.53 billion annually; Page 6 of 10 Minutes of the regular meeting of Council held March 24, 2011.Page 12 of 381 Council Minutes March 24,2011 WHEREAS the Provincial-Municipal Fiscal and Service Delivery Review identified a transportation infrastructure investment gap between the Government of Ontario and Ontariors municipalities of approximately $3.8 billion; AND WIIEREAS a lack of sufficient funding for essential transportation infrastructure construction, maintenance and rehabilitation has created a situation where many of Ontario's municipalities do not have the financial capacity to construct new transportation infrastructure and conduct the maintenance and rehabilitation needed to sustain existing transportation infrastructure; THEREFORE BE IT RESOLVED TIIAT the Council of the Municipality of Bayham requests that the Government of Ontario consider directing a portion of the revenue derived from HST charged on gasoline and diesel sales to new predictable funding mechanism that will allow Ontario's municipalities to make the critical investments needed to be effective stewards of transportation infrastructure; AND FURTHER THAT a copy of this resolution be forwarded to Premier Dalton McGuinty, Hon. Dwight l)uncan, Minister of Finance, Hon. Kathleen Wynne' Minister of Transportation, Hon. Bob Chiarelli, Minister of Infrastructure, Steve Peters, M.P.P., the Ontario Good Roads Association and to CAA South Central Ontario.rr CARRIED IINANMOUSLY (Ð StaffReport PR2011-03 regarding "Request to Install Power Line Across Municipal Properties". (defened from previous meeting) File: L04 The Administrator noted that the Town of Tillsonburg requested the inclusion that the agreement can be terminated on demand of the Licensor and that the Licensee agrees to remove the installation within sixty days of notice. 20tt-132 Moved by Councillor T Southwick Seconded by Councillor W Casier I'TIIAT StaffReport PR2011-03 regarding Request to Install Power Line Across Municipal Properties be received; AND THAT By-Law 20lt-024, being a by-law to authorize the Execution of a Licence Agreement with 1498975 Ontario Inc. for the Installation of Electrical Works be presented to Council for enactment." CARRIED UNANIMOUSLY Page 7 of 10 Minutes of the regular meeting of Council held March 24, 2011.Page 13 of 381 Council Minutes March 24,201I (g) StaffReport PR201l-04 regarding "East Pier Repairs Report". File: L14 Administrator Kruger noted that approximately $60,000 has been set in reserves for this project. Recommendations from by the Harbourfront Committee are to consider concrete surface vs asphalq and if phasing is selected, complete the full works by sections starting at the south end. It was also highlighted that phasing the works adds approximately 20% to the cost if completed over a period of ¡wo to three years. In response to questions, it was noted that concrete has a life expectancy in excess of25 years and asphalt 10 to 15 years. 20tt-r33 Moved by Councillor T Southwick Seconded by Councillor E Ketchabaw "THAT StaffReport PR2011-04 regarding East Pier Repairs Report be received; AND TIIAT Report PR2011-04 be referred to2Ûll budget discussions." CARRIED UNANIMOUSLY (h) StaffReport F2011-05 regarding "Tax Sale". File: F22-tl The Treasurer advised that if a Notice of Vesting is not registered within two years of the tax sale, being in this case before June 17th 2011, the Tax Arrears Certificate willbe deemed cancelled. When questioned on the outstanding amount, it was noted that this had been an outstanding issue for a number of years and in addition to arrears and collection fees there were byJaw enforcement issues that added to the cost. A breakdown of the outstanding amount was requested. Council questioned which option would result in bringing the building closer to removal. Options, environmental, health and safety issues were discussed. 20rr-134 Movedby Councillor E Ketchabaw Seconded by Councillor W Casier "TIIAT Staff Report F2011-05 regarding Tax Sale be received and be deferred pending legal advice.fr CARRIED UNANIMOUSLY (Ð Correspondence dated March 24,2011from The Vienna Citizens Group regarding "Vienna B eautification". File: Cl3 Correspondence received by Councillor Southwick on March 24,2001from The Vienna Citizens Group regarding cleanup and beautification of the Otter Creek banks was referred to budget discussions. Page 8 of 10 Minutes of the regular meeting of Council held March 24, 2011.Page 14 of 381 Council Minutes 10. ENVIRONMENT March 24,2011 11. COMMITTEE OF THE WHOLE (a) In Camera. 201 1-135 Moved by Councillor E Ketchabaw Seconded by Councillor T Southwick "THAT the Council do now rise to enter into an "In Camera" Session of Committee of the Whole at 8:45 p.m. to discuss: o a proposed or pending acquisition or disposition of land by the municipality or local board; o advice that is subject to solicitor-client privilege, including communications necessary for that purpose." CARRIED UNANIMOUSLY (b) Closed session minutes of the regular meeting of Council held March I0,2011. (c) Confidential Report regarding advice that is subject to solicitor-client privilege, including communications necessary for that purpose. (Ojibwa Lease Negotiations) (d) Confidential Report regarding a proposed or pending acquisition or disposition of land by the municipality or local board. (Harbour Facilities) (e) Out of Camera. 20tr-136 Movedby Councillor T Southwick Seconded by Councillor E Ketchabaw "THAT the Committee of the Whole do now rise from the "In Camera" session at 9:55 p.m." CARRIED UNANIMOUSLY 20rr-t37 Moved by Councillor T Southwick Seconded by Councillor E Ketchabaw 'TTHAT staff be authorized and directed to provide a proposal to Small Craft Harbours for harour divesture as outlined in Closed Session.r' CARRIED UNANIMOUSLY Page 9 of l0 Minutes of the regular meeting of Council held March 24, 2011.Page 15 of 381 Council Minutes March 24,2011 12. BY.LAWS (a) By-Law 20ll-024 A By-Law to authorize the execution of a licence agteement (1498975 Ontario Inc.) (b) By-Law 20ll-025 A By-Law to further amend By-Law 2010-100 (Bartley Municipal Drain) (c) By-Law 2587-20Lt A By-Law to further amend By-Law 7A56-2003 (Csinos Farms Ltd.) 201 1-r38 Moved by Councillor T Southwick Seconded by Councillor W Casier 'TTHAT By-Laws 20ll-02412011-025 anil7,587-2011 be read a firsÇ second and third time and linally passed.'f CARRIED UNANIMOUSLY (d) By-Law 20ll-027 A By-Law to confirm all actions of Council 20tl-139 Moved by Councillor W Casier Seconded by Councillor T Southwick "That conlirming By-Law 20ll-027 be read a first, second and third time and finally passed." CARRIED UNANIMOUSLY 13. ADJOUR}IMENT (a) Adjoumment 20tt-140 Moved by Councillor T Southwick Seconded by Councillor W Casier TTTHAT the Council meeting be adjourned at 10:04 p.m." CARRIED UNANIMOUSLY MAYOR Page l0 of10 Minutes of the regular meeting of Council held March 24, 2011.Page 16 of 381 COUNCIL SPECIAL MEETING MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM VIENNA COMMUNITY CENTRE 26 Fulton Street, Vienna Wednesday, March 30, 20ll 7:00 PM The special meeting of Council of the Municipality of Bayham was held on Thursday, March 30, 20ll at the Vienna Community Centre. Present were Mayor Paul Ens, Deputy Mayor Mark Taylor, Councillors Tom Southwick, Wayne Casier and Ed Ketchabaw, Administrator Kyle Knrger and Clerk Lynda Millard. There were approximately eighty members of the community, as well as Council, staffand representatives from the Elgin Military Museum present. 1. CALL TO ORDER Mayor Ens welcomed everyone and called the meeting to order at 7:00 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF None. 3. DELEGATION (a) Ian Raven Executive Di¡ector of the Elgin Mililtary Museum regarding an update to Project Ojibwa. Ian Raven, introduced the Project Ojibwa team comprised of Alan Montgomery, Tim Barrett, JimZigter, Debra Jarvis, Jeff Booth, Rick Morgan (who worked on the Ojibwa from 1966-68), Melissa Raven and former Bayham Mayor Lynn Acre. He also recognized Barry Wade for his efforts in preparing conceptual drawings of the Oberon submarine Ojibwa at Port Burwell. Mr. Raven provided a presentation with the assistance of overhead slides. He identified companiss that would be involved with aspects of the move of the Ojibwa through the St. Lawrence Seaway and Lakes Ontario and Erie from Halifax, Nova Scotia to its display location at Port Burwell. He noted that museum and municipal staff had met with key representatives of these finns as recently as Monday. The proposed site is to be known as the H.M.C.S. Ojibwa Submarine Museum. He noted that Cleveland and New York each have a sub at their ports; as well the Onondaga is at Rimouski, Quebec. The site is expected to draw 100,000 visitors ayear to Port Burwell. Some equipment such as security sensitive electrical room equipment and 850 tons of batteries has been removed, however the engine room and manhole entry remains in tact. Full accessibility to the physically challenged will not be possible as the hatch is only 42" in diameter. Page I of5 Minutes of the special meeting of Council held March 30, 2011.Page 17 of 381 Council Special Meeting Minutes March 30,201I Unloading day from the 346' barge will entail high security and restrictions to land and water accesses to maintain a safe environment. 48 giant self propelled heavy equipment units will be used to ûansfer to the on shore resting site along the east side of the Otter Creek. Poor wind and weather conditions would have an impact on the work. Mayor Ens opened the meeting for questions focused on the sub. 4. OUESTIONS (a) Representatives will respond to questions from the public. Stan Rushton questioned when the sub would be coming to which Mr. Raven replied that it would be late suÍlmer or end of September, depending a number of issues including dredging. Fred Shelly asked what was the cost to the ratepayers and would there be an increase in taxes? It was noted the intent is to recover costs incurred by the Municipality from lease paynents over a number of years. The final cost is not known, as items such as dredging depths are not final as yet. It was noted the total project inveshent is between 2 and 5 million, which is to be financed by a combination of grants and fundraising. Bob Vallee questioned whether the municipality would receive any revenue. Options and an agreement are being negotiated; revenues maybe based on a fixed amount or based on attendance. Bob Lozon questioned the anticipated time for the museum building, before or after the placement of the sub. It was noted that the proposed museum building would be built after the sub is in place, and estimated to be about 12 months after. Steve Straub questioned how there would be no cost to the municipality when the sub is proposed to arrive in August. He asked if this was a done deal. It was noted that the issues are not final yet, and a number of items need to be completed. Ray Maddox questioned how taxes would not go up when there are requests to fix the old Vienna Library, the need to renew the water line from Port Stanley and roads to be kept up? How would the sub be gotten rid of if it's not a success after 3 years? Would the municipalityprovide the same support to save local history and build the Edison facility? Mayor Ens responded that costs are short term and would be recouped over time. Protection of the municipality's interest is of utmost importance to Council. Sean Hurley questioned how the benefit from visitors to the sub would integrate with community businesses? Page2 of 5 Minutes of the special meeting of Council held March 30, 2011.Page 18 of 381 Council Special Meeting Minutes March 30,2011 It was noted that a sub tour could not accommodate more than 50 visitors at a time. Parking facilities would be ample to ensure visitors would be encouraged to eat at local restaurants. The Board expects to raise and invest 4 to 6 million to pay off debt and benefit the community. When asked where the cost estimates came from, Mr. Raven responded they were part of their business plan based on the experience of other sites such as the Onondaga in Quebec who had 80,000 visitors last year. Development of a circle tour with Cleveland, Buffalo and Port Burwell is proposed. The Provincial Park has over 100,000 visitors annually that need to be integrated into the community. School groups would to be encouraged to visit sites under joint educational programs such as with the Port Stanley Railroad. Pat Jeordy questioned how long it would take for the sub to be ready for the public after it arrives? Mr. Raven responded that there are about 36 man weeks that would be primarily c,leaning, scrubbing and polishing with lots of opportunities for volunteer assistance. Ron Bradfield suggested the Marine Muset'm be incorporated with the Military aspect. Mr. Ravin responded that professional curatorial staff could work with local volunteers to incorporate the Marine collection and exhibits. Pat Dougberty suggested this was a big project and was concemed that the expense not be placed on the local taxpayer. Bob Vallee questioned whether approvals are in place for dredging to which Adminis¡¿1or Kruger responded that hydraulic dredging versus dragline options are þsing considered and consultation with approval agencies are in progress. Randall Pettigrew questioned whether there would be spin-offbenefits to which Mr. Raven suggested Port Burwell would hopefullybecome a destinationpoint. S Straub asked whether the sub had ever seen Lake Erie, and if not what's the significance in Port Burwell? Mr. Ravin responded that none had gone through the Welland Canal before. There are five subs on the US side of the Great Lakes. Subs are no big deal in Nova Scotia, however there's a heritage connection here through the military. Steve Valko suggested there's an opportunity to make something happen in Bayham - look for the positive! Mr. Ravin noted that there is interest in acquiring the sub across southern Ontario including Samia and St. Catharines. It is projected that several fuIl-time, part-time, seasonal and studentjobs would be created. Page 3 of5 Minutes of the special meeting of Council held March 30, 2011.Page 19 of 381 Council Special Meeting Minutes March 30, 2011 Valerie Donnell asked what a tour would cost to which Mr. Ravin suggested between $15 and $20 based on the Onondaga at $15.75. Robert Ronson commenlsd that the project will be a huge invesûnent with a great deal of interest, is there a plan for security? Mr Ravin responded that the site will be fenced, well lit, with cameras, security and alarm systems on site. The Military Museum and personnel are licensed for prohibited weapons and the same level of security will be maintained for the sub. Jan Collins suggested the sharing of artifacts and other heritage interests may change the focus of the community. Herman Kolke suggested more parking is needed downtown. It was suggested that aspects of the navy, army and air force be brought together. Mr. Raven noted that every service is important; the navy aspect will be the sub-station in Port Burwell, while the army and air force segment will remain in St. Thomas. There is considerable military history in Elgin with 9,000 County military records on file at the Museum. It is proposed that the museum would be open from April until November I lth, longer ifjustifred. How long would it take to do the dredging? It is estimated to be about 400 hours or 6 to 8 weeks, proposed to start in early July. Souvenir hats would be available at a Navy Blues Fest being planned for May 14th in Port Burwell. There will be further meetings open to the public. 5. BY.LAW (a) By-Law 2}ll-029 A By-Law to confirm all actions of Council 20rI-t4t Moved by Cotrncillor W Casier Seconded by Deputy Mayor M Taylor |'THAT conlirming By-Law 20ll-029 be read a first, second and third time and finally passed." CARRIED I.INANIMOUSLY Page 4 of 5 Minutes of the special meeting of Council held March 30, 2011.Page 20 of 381 Minutes of the special meeting of Council held March 30, 2011.Page 21 of 381 Page 22 of 381 / (") rrington Avan uo April2,2011 Re: Municipality of Bayham Gouncil meet¡ng on April7,2011 Strickland Bulldozing and Enterprises Limited Sand removal for Agricultural Land lmprovement - OP Policies Backg round Information Mr. Strickland retained the services of Harrington McAvan Ltd in 2009 to prepare the necessary documents to obtain approvals for the removal of sand fom a property zoned A1 General Agriculture, north of their existing licensed site located on the east side of Richmond Road, for thé purpose of agricultural land improvement. The property with the existing licence is also zoned A1 General Agriculture. As noted in our letter of December 22,2010 to the municipality (Attachment 1), Section 4.2.5.10 of the Official Plan states: Nowithstanding Section 4.2.5.3 of this Plan, Official PIan and Zoning By-law amendments wíll not be required for the removal or leveling of hills containing aggregate material þr the purpose of increasing or improving lands for agricultural uses provicled that no excavqtion takes place below the average grøde of land sutottnding the hill. Such removal sites are to be used on a temporary basis only and are subiect to a permit administered by the Asgregate Resources Act." The Aqqreoate Resources Act (ARA) requires that any person or comPany obtain a licence from tne Utinistry of ruatural Resources for the removal of aggregate from a property. Section 12.1 of the A¡4 siates the following, Wo licence shall be rssued for a pit or quatry if a zoning by-law prohibits the site from being used for the making, establishment or operation of pits and'guarries." lt is our opinion ttrat this proposal meets all of the criteria noted Section 4.2.5.10 of the Official Plan and that Agriculture is the appropriate zoning for the síte. The area to be licensed consists of a total of 8.48 hectares (20.9 acres) located in Part Iots 2 and 3, Concession South Gore, Part Lot 111, Concession S.S.T.R., and Part of the road altowance between Concession 5 and Concession South Gore, in the Municipality of Bayham, County of Elgin (see Attachment 2). Only the three sand hills located within the larger parcel of land will be excavated or partially excavated (6.67 hectares or 16.5 acres), levelled to tie in with the grades in the surrounding fields and rehabilitated back to agricultural use. A section of the landé within the closed road allowance between Concession 5 and ConcessÍon South Gore were stopped up by the municiprality, sold and conveyed to the adjacent landowner, Mr. Vúalker. These lands are also being included within the licence application to allow the grades to be matched between the existing licenced site and the proposed lands' Harrington McAvan Ltd ' Landscape Architects 9f AndersonAve., Unit2, Markham, Ontario L6E 145 Phore: 905-2944282 Fax:90S294'7623 Offìces in Markham, Cambridge, ard Aylnær Ontario Visit us on the web at ttnrvw.haningtonmcavan.com 7:15 p.m. - Strickland's Bulldozing regarding "Proposed Expansion of Pit on Richmond Road". Item 6(d) Page 23 of 381 2 The necessary documentation required for a Class B licence application under the ARA, summary report, site plans (Attachment 2), and technical report, were submitted to MNR in 2010 and approval was given to proceed with the publíc notification and consultatíon process. As part of this consultation process, the following agencies were circulated the application: Ministry of Natural Resources, Municipality of Bayham, County of Elgin and The Long Point Region Conservation Authority. The applicant received comments from the Ministry of Natural Resources, the County of Elgin, and the Municipalíty of Bayham (see letter of August 26,2010) as part of the required circulation of the lícence applicatíon. No comments were received from members of the public. All concerns raised by MNR have been addressed on the revised site plans and a clearance letter has been provided by MNR. The only remaining issue to be resolved is the matter matter raised by the municipality in their letters of August 26,2010 and February 7, 2011 (Attachments 3 & 4) that Official Plan and Zoning By-law amendments are required. As noted above, the Walker property with the existing Strickland licence is currently zoned A1 General Agriculture and did not require planning approvals at the time of licensing. The majority of the existing Strickland licence has been rehabilítated to productive agricultural lands and the Ministry of Natural Resources accepted surrender of the southern 4.2 hectares (10.4 acres) in 2009. Two barns have been constructed by the owner on the now gently sloping rehabilitated lands which were once a sandy hill with steep slopes and difficult to farm. The same level of agricultural rehabilitation will be completed within the proposed lands to the north, thereby improving the agricultural capability of the lands. As stated in our letter of December 22,2010, we feel that the tests of the policies in the Bayham Ofücial Plan dealing with removal of hills for agricultural land improvement have been met and that Official Plan and Zoning by-law amendments are not required in this case. We seek consensus from Councilthat the proposal complies with the OP policies. Harrington M€Avan Ltd . Landscape Architects 91 AndersonAve., Unit 2, Markham, Ontario L6E 145 Phone: 905A94{.282 Fax 90F294-7623 Ofilces in Markham, CamMdge, and Aylrner Ontario Visit us on the web at www.haningtonmcavan.com 7:15 p.m. - Strickland's Bulldozing regarding "Proposed Expansion of Pit on Richmond Road". Item 6(d) Page 24 of 381 rrington Avah uo ATTACHMENT I December 22,àOLO Municipality of Bayham 93¿14 Plank Road, Box 160 Straffordville, Ontario NOJ 1YO Attention: Margaret Underhill, Planning Coordinator/Deputy Clerk Subject: Strickland Bulldozing and Enterprises limited ticence Application for propefi located in Part of lots 2 and 3, Concession South Gore, Part of lot 111, Concession SSTR, Part of Road Allowance Between Concession 5 and Concession Gore, Municipality of Bayham, County of Elgin Dear Mrs. Underhill, This is to respond to the Township's objection letter of August 25, 2010 and attached report from the municipality's planner. The following is stated in your letter, "Bosed on the revíew of the reports by stdff ønd the municlpol planner, an Offtcial Plan and Zonlng Byldw amendment ore required. The proposed extrdction will be for commercial purposes os the resource will be removed ond distrÍbuted awoy from the proposed site by Stricklond Bulldozîng and Enterprises Limíted.' As stated ín our summary report, we feel that our client's proposal complies with Section 4.2.5.L0 of the Official Plan which states: "Notwithstonding Section 4.2.5.3 of this Pløn, Officia[ Pløn and Zoning By-law amendments wíll not be required forthe removol or levelling of hills contaín¡ng oggregote moterial for the purpose of increøsing or improvíng lsnds for dgriculturdl uses provided that no excovotion tokes place below the overoge grøde of land surrounding the hÍll. Such removdl sites ore to be used on d temporory bosÍs only dnd are subject to d permít odministered by the Aggregate Resources Act." Ceteb'atiryThirty-fiveYears! Harrington McAvan Ltd Farmedy Hantngtut aú Hoyle 9l Anderson Ave., Unit 2, Markham, Ontario L6E 145 Phone: g0ø-2gqA28Z Fax 905-294-7623 Oñices in Ma¡klmm, Cambridge, aÉ Aylrrær Ontado Visit us on the web al w¡u¡.hadngtonmcavan.com 7:15 p.m. - Strickland's Bulldozing regarding "Proposed Expansion of Pit on Richmond Road". Item 6(d) Page 25 of 381 ? The question then is does this proposal meet the requirements of the Official Plan (4.2.5.10): al "Official Plon and Zoning By-law amendments will not be required for the removal or levelling of hills containing aggregate materiols for the purpose of increosing or improving lands for ogriculturøl uses" Yes. On the steeper sloping hills found on the property, the sandy soils are prone to droughtiness which decreases the uniformity of growth and maturity of crops. The steepness and complexity of slopes also adds to the cost of farming by increasing fuel consumption and fertilizer use over that of level fields. The proposal is to reduce the steep grades on the three sand hills located on site and make the grades gentler. Thís will also reduce runoff, soil erosion and increase infiltration of precipitation and improve soil moisture for crops. The lands will continue to be used for agricultural purposes with improved crop production once the hills are levelled. This is a practice which has proven to be successful in improving crop yields on other sites. b) 'Provided that no excavation tøkes ploce below the overøge grade of the land surrounding the hill" Yes. The site plans show that proposed extraction wíll level the sand hills. The applicant is proposing to remove the sand hills and blend the fields with the surrounding grades. i.e., there will be no extraction below the average grade of the surrounding lands. As noted on the site plans and summary report, the rehabilitated grade will remain a minimum of five to seven metres above the water table to make the field level and more productive than the current site conditions. cl "Such removqlsites ore to be used on a temporary bosis only" (MNR suggests that aggregate extractions are considered as'interim land uses': Yes. The removal of the three sand hills and rehabilitation back to agricultural use will be occur as quickly as permitted under the tonnage condition of a Class B licence under the Asgregate Resources Act. The owners want their property returned to productive agricultural land as quickly as possible. d) "Are subject to o permit administered by Aoareoote Resources Act" Yes. The only reason why a permit under the Asgresate Resources Act would be required is to allow for the exportation and use of the material. A license provides for the payment of provincial tonnage levies, part of which is paid to the municipality. lf the material were to be moved on site, then no license would be required. The applicant has applied to the MÍnistry of Natural Resources for a Class "8" licence to allow the removal of the sand from the property. A Class "8" licence limits the amount of material that can be removed annually from a property to 20,000 tonnes or less. A licence is only Cetebrating Thirly-ñve Yearsl Harrington McAvan Ltd Fomerty Hanington and Hoyle 91 Ardenon Ave., Unit 2, Markham, Ontario L6E 'tAS Pfrcne: SC5-29+8282 Fax 905-294-7623 Ofiices in Markham, Cambddge, and Aylmer Ontario Msit us on the web at www.haningtonmcavan.com 7:15 p.m. - Strickland's Bulldozing regarding "Proposed Expansion of Pit on Richmond Road". Item 6(d) Page 26 of 381 3 requ¡red under the Ageregate Resources Act for the removal of aggregate from a property. The preceding is our response to the objections expressed in your letter. I hope that we have addressed your concerns. lf we have satisfied your concerns, we would appreciate receiving a brief letter stating that you no longer object to the application. lf you disagree with this statement, please tell us where the application does not conform to the language in 4.2.5.10. Please contact the undersigned at 905-294-8282 or Bernie Janssen at 519-765-1998 or 519- 773-6830, if you have any questions or require any additional information. Sincerely, HARINGTON MCA Bt/ch c.c. Brent Strickland enn D. rincipal Cetebrating Thitty-frve Yearsl Harrington McAvan Ltd Formerly Haningtæ and Hoyle 9'l Anderson Ave., Unit 2, Markham, Ontario LEE 1AS Phone: 9A5-29+8282 Fax 905-29&7623 Ofiices in Markham, GamMdge. and Aylmer Ontario Msit us on the web at www.haningtonmoaven.eom 7:15 p.m. - Strickland's Bulldozing regarding "Proposed Expansion of Pit on Richmond Road". Item 6(d) Page 27 of 381 N q, tr (,6 7:15 p.m. - Strickland's Bulldozing regarding "Proposed Expansion of Pit on Richmond Road". Item 6(d) Page 28 of 381 P.O"Box 160,9344 Plank Road, St¡affordvitle, Ontario NOJ lYO Tel:(5r9) 866552r . Fax;(5lg) S66388'l cmail bayham@bayham.on, ca Attachment 3 Ðaat¿.4 Au6 26 ?0t0 at-l.-P / A&ot*ttt¿ ñ^t t*tltt-. August 26,2010 IlauingtonMcAvan Ltd. 9l AndersonAve, Unit 2 Ma¡kham ON L6E IA5 AttentÍon; StrtcklandButtdozíng end Enterprises Limited do Harrington McAvsn Ltd. Planning Coordinator/Deputy Clerk filcDl4'GEN ec Chrl* Bla;h MNR Àylmcr Officc Encl. Dear Sir Rel Cl¡s¡ B LicencoApplicatíon Property loc¡ted íu P¡rt Lots 2 and 3, Colces¡ion South Gore, Pert of Lot lllt Conces¡ion SST& P¡rt of Road Allow¡nce Between Concession 5 aud Concession Soutb Gore MunicÍprli$ ofBayham, County of Elgin The MunicipalÍty of Bayham is in receipt of the completed application form a¡rd attachments for a liccnce appiication foia Category ?, Class *8" licenca for Sfickland Bulldozing and Enterprises Limíted on lands owned by John Walker and Valerie Anger, As per $_e as-day notification period, the municipality has rcviewed the application package and wish to submit thg following comments. Based on the reyiew of the reports by staffand the mnriicipalplanner, an Official Plansnd Zoning ByJaw amendment are requírcd- The proposed ocEactíon will be for comnercial purpoJes as the rssource wi[ b€ rcmoved and distibuted away Êom the proposed site by Str¡ättan¿ Bulldozing and Enterprises Limited. The amendment$ to tlre Ofñcial Plan a¡¡d Zonine ByJaw would be requíred prior to the establishment of an exEactive indushial use on this site, Pieaso rsfer to the enclosed flanner's Memorandum dated August 4,2010 for more detaÌls regarding the applicable Official Plan and Zoning By-lawpolieias. 7:15 p.m. - Strickland's Bulldozing regarding "Proposed Expansion of Pit on Richmond Road". Item 6(d) Page 29 of 381 lBl Grcup 2fxl-350 ffird Slreet west LofldonOì¡ N6H lÉ Cansda bt 51s1727528 frx 51947293ã{ Municipalþ of Bayham Wlliam Pol Date August4,2010 ProfectNo UU482 Memorandum TdAttentlon From cc Steno Sublec,t Strickland Richmond Pit (Part Lots 2 & 3, Concession 6; Part Lot 111, South Gore Concession) 1. The purpose of this þtter is to provicte comments on the report submltted by Hanington McAvan on behalf Strickland Bulldozing and Enterprise Limited for a proposed sand pit on 8.48 hectares (20.9 acres) of land located on Part Lots 2 & 3, Goncession South Gore and on Part Lot 1ll, Concession S.S.T.R, and Part of the former road allovrance between Goncession 5 and Goncession Souür Gore, in the Municipality of Bayham. Three sand knotts are being proposed for extraction on 6.67 he<tares (16.5 acræ) within the property' 2. The study area is designated as'Agriculture'and "Haza¡d Landso, on Schedule "n- Future Land Use to the Officiaf Plan. The sunounding designations are characterized by the same designations, as well as "Mineral Aggregate Resource Areas" to the north, west and south within a relative prcximity. South of the subject property is a lir:ensed plt which is owned by the proponent. Section 4.2.1.2 of the Ofricial Plan d'scusses permiüed uses within an Agricultural land use designation and does not include license<l pits br commercial extraction. Furthermore, Section 4.2.5.3 discusses that all proposals for new pits in lands outside of Mineral Aggregate Resource Areas will require an amendment to the Officlal Plan. 3" The summary report from Hanington McAvan identifies Section 4.2.5.10 of the Official Plan. The policy states that an Official Plan and Zoning By-Law amendment will not be required for the removal and levelling of hills containing aggregate resources for the purpose of improving lands for agricultural use. We feel that the proposed pit will be utilÞing the resource in a commercial manner as it will be removed and distributed away from the proposed site. Furthermore, the lands are operated in an agrioultural manner, and while improvements may be made to the site, we do not believe that there is a constraint restricting its use. 4. Additionally, the lands are zoned Agricultural (41). As such, a Zoning Bylaw amendment is required to the Extractive lndustrial (M3) Zone to permít the efraction of mineral aggregates for commercial purposes provided it can meet the policies outlined in Section 4.2.5.5 of the OfficialPlan. l8t Group is a group ot firms providing profess¡onal serviceê and i5 atliliãted with lBl Group Arch¡têcts 7:15 p.m. - Strickland's Bulldozing regarding "Proposed Expansion of Pit on Richmond Road". Item 6(d) Page 30 of 381 tl Groug llemorandum Murlcþafty of 83yñem - August ¡1, æ10 IBI GROUP 6. The proponent prov¡ded three reports; Hydrogeology Report by Groundwater Science Corp, Natural Environment Report by AWS Environment Consulting and a Cultural Heritagp (Archaeologicat) Report by Golder Assoclates. l-lanlngton McAvan Ltd- provkJed a summary of the three reports. Tlre condusions of the repod, as tìey relate to each of the reports, are as follows: Hú¡Weotogícal Assess ment: Gtoundwat* Sclence Corp ¡ Ttre proposed extractim will remain 5 to 7 metres above the estimated mter table elevation. . Surface features wlthin a close proxlmlty of the subject lands will not be negatively lmpacted by the proposed rernoral of the sand hills. Natu¡zl Envircnment Level Two: AWS Envfuonment Ønsulting ¡ Potential negative impacts on he sunounding natural heritage of ecolog¡cal functions have been mÍtþated through setbæ|< and operation measures. ¡ Post exbaction landscape will be ret¡med to agricultural lards, Archaeologtcal Ássessmeøú Súage 2: Goldq Assocrafes . The archaeological aEsessment dld not result ln the ldentifilation of any artfraeologicalhaterial, no further assessment ls recommended. ¡ Should deeply burkd mater|al be fuurd during excamtion the proper Minbüies slrot¡ld be notified. Based on our review of the reports and ttre offlc¡al Plan pollc$es, an Ofrþial Plan and Zoning Bylaw amendment are required prior to establishlng an exfacllve lndusÛíal use on thls slte. The proponent will need to fulfÌl Sec*ions 4.2.1.3,4.2.5.1, 4.2,5'2 and 4'2'5'ô of the Ofücial Plan as uætl as satlsfy the zonlr¡g rcqulrements of the Exfactive lndustrÍal (M3) Zone. Further, we are recornmer¡ding that any future applintions for tt¡e site be considered by the Long Point Region Consenation Authority due to the slte's proxlmlty to 'lþza¡d Lands.' //,//;* ø William Pol, MPA MCIP RPP Assodate 7:15 p.m. - Strickland's Bulldozing regarding "Proposed Expansion of Pit on Richmond Road". Item 6(d) Page 31 of 381 Attachment 4 IlO, Box 160,9344 Plank Road, February 7,2011 si¡affordville' ontario NOJ rYO T'eL(5r9) úót52r . Fax(5fÐ 866"388{ Harrington McAvan Ltd. email:bayham@bayham'on'ca 9l Anderson Avenue, Unit 2 Markham ON L6E 145 Attention: Glenn D. Harringfon Dear Sir Re: Strickl¡nd Butldozing and Enterpriscs Limited Application for Category 7 Class B Licenec under the Aggregole Resourees Act South Gore, P¡rt of Lot 111, Concession SSTR, P¡rt of Rord Allowsnco Betwecn Concession 5 snd Conceçsion Soutb Gore Thank you for your letter of December22,20l0 providing reference to Offrcial Plan Section 4,2,5,10 with lurther details ofthe proposal, After revíew of your letter, our planner's opinion remains that Official Plan and Zoning By-law arnendments are required. Official Plan Section 4.2.5 must be read in its e¡rtircty. TTre Ministry of Natural Resources classifies the proposal as a "pit" requiring licensing under the Aggregaîe Resourr;es Acf and as such, Ofticial Plan Seotion 4.2,5,3 and other subsectians apply. In view of the fact that the planning opinions continue to differ on this proposal, the option to appeâr as a delegation to Council fo¡ the purpose of seeking their opinion and possible direction is available. Another opJion rtaybe, ifavaílable, to file an appeal to the Ministry ofNatural Resou¡ces for the issuance of the licence, lf your cllent chooses to address Couneil, please let rne know and I will discuss the rcquest for delegation with ou¡ Clerk and notifo you oflhe date and assigned time of the mecting. 7:15 p.m. - Strickland's Bulldozing regarding "Proposed Expansion of Pit on Richmond Road". Item 6(d) Page 32 of 381 Po't- ßur-¿llrùþ flaruk tTr Ao il ftluûtetteqltl-npo éo* l?rt of &,rÁ.,"^ Sfra€f'"rrl vtlle, Òn t fl", /+ ffar/,u¿/ co pl "f Uh l, fy (, //,,,7 CÁor/e s Tlis c.-Xcesttuc øAler cù fl'e4r,lur- of q s[orf /te ftlu Yt t Ci ¡ar, /, J/', on.*.¡ á "¿5 A u * o'ç tú e ut r¿{e r €u, flt. u) t ^{e r. sdm #o *"y, a{ fûe irtf u/ hac( rte.¿ i?tdtt,fotiv',r fhgrn af Uvtust'tcr/ alet{er "(/ haue þe€.n. fvy'/s Á /Aor h'rl c/ef."1¿J ITe le*k €.arl,e* "f1/ayrzc for Tü,, ecc,/",r{.( uq¡fe aÇ oL4t' ,¿rc¿fet'' lñ,t w{/l t'yeo-(e- e {',^c4 ne,n( borr)en{ä- us, /,J/ .lt ', tt7 rt'r re ¡-'f 1, e .* s'fo (ovtp{ ecc,Jr*{"( )/eurs +'n/l MUNIUIPAL] IY UI- EAYTTAM Telephone - (519) 86S5521 t¿os clue- {o b*fde,'n fhefh"f I Iorl /ood *r { "f.n mrTlti It q k" -T do E. & O.E. 8:10 p.m. - Ron Bradfield regarding "Large Water Bill" as a result of recent leak. Page 33 of 381 MUNICIPALITY OF BAYHAM PO BOX 160 9344 PLANK ROAD STRAFFORDVILLE ON NOJ 1YO BRADCRANEX INC POBOXSg PORT BURWELL ON NOJ lTO CANADA UTILITY BILLING CHARGES Account Number 201 1 000002 Utility Receivables lnvoice Number 1 16465 Billing Date:Due FE828,2011 Date: Amount Due: i/AR31,2011 Amount Enclosed $ 3,528.63 Me:se æiam ânâ rêfirm mis nomon r¡vnn i forrr oavmenl- ..0 j lnvoice Description 1 16465 Jan - Feb Billing Service Address: 3l-t FIEY Meter 452 1,855.0 FEB 28,2011 Actual 5',t2.0 DEC 31,2010 13430 Cubic Metres Billing DaP: 59 Current 3,505.23 Prior 3,505.23Consumption: 23.40 Water Charges 1343.0 Cubic Mefes at 2.61< Water Charges - Base Charge Billing Amount 3,528.63 Account 2011000002 Prev. Balance 0.00 BRADCRANEXINC pO BOX59 New Chaçes 3.528.63 PORTBUR/VEIION NOJ 1TO Balance Due 3,528.63 CANADA Due Date tU4R31.2011 Amount i I 8:10 p.m. - Ron Bradfield regarding "Large Water Bill" as a result of recent leak. Page 34 of 381 P.O. Box 160,9344 PlankRoad, Straffordville, Ontario NOJ lYO TeL (519) 866-5521 . Fax:(519)866-3884 email: bayham@bayham.on.ca N[arch23,20Il RonBradfield P.O. Box 59 Port Burwell, ONNOJ 1TO DearMr. Bradfield, Re: Utility Billing Charge Mr. Bradfield after reviewing your letter and investigatngthe issue, we have come to the conclusion that there isn't any procedure in place for financial relief in cases where there are leaks after the municipality's meter. Any leaks that would happen after the municipalities meter is the property owner's responsibility, one avenue available could be to appeal to council for relief or payment anangement. In regards to your question about the new technologyto monitorunusual water flows, the technology is not sensitive enough to detect a leak of that scale. The technology would detect major breals in the system, as for your leak it was gradual not triggering an alarm. If you would require an audience with council please advise MR Kruger to set up an appointment. If you have any further questions, please do not hesitate to contact our office. Yours trul Denis Duguay 8:10 p.m. - Ron Bradfield regarding "Large Water Bill" as a result of recent leak. Page 35 of 381 Page 36 of 381 3 ôr,þ - No l- /2,,o 4^" 3//20// n<-PJ ."^-/-/ 1/ ^f 8:20 p.m. - Steve Straub regarding "Municipal By-Law 2009-059 Enforcement Procedures". Page 37 of 381 Page 38 of 381 ho t EL6TN WRAPÁROUND TNTTTATIVE CIO Community Seruices Coordímtion Network 10 Sydenhom Str"eet Eost Aylmer, ON N5H 1L3 Telephorc: (519) 438-1783 Fax: (519) 673-1æ9 'Ío:îv{øyorlPruf Ens cþ tu[uniripat affue 9 3 4 4 tP[anLqp ø1, ß o 4 760 Strffirlatlh a¡Or{Pl tm OnlIfiwsfoy, Mog 5, 2077, Ebin'l4høpfurounl øìII ñost øßffit Luncfr. anl Sí[¿nt Au.ction frinlrøiser øt tfr¿ St.llfiomas-{Eþin fu6[ic Art Centre fron 1I:30 - L pm. 'lile øre aßo cekfirøtitrg Cfi.iffi.ren's Ãþ{enta[ lûattfi Wre& llfi.e WrøpArounl Initiatiae is afømi[y-6øsel teøm[rocess øfr.icfi. fretps fømitizs use tfreir strengtfis, skilß ønl commanity supports to improoe tfr¿ir [iaes. llTtis eoent uífi support tfr¿ utorkof tñt,hhøpArounl Initiatiae, Ebin County øttl lirectút ñ"tp Etøínføntitiat. îfomerous føniÍiø fron aff ooer Etgw in tfr¿ milst of crisís, finoe 6een ø pørt of tñis initintizte. Itis øgøtñ¿rinq offantfu,fiiunfs *lprofutionnß, prouíling fratp anl frope, gizting familizs tfr¿ cfrarlrefor setf-letermìnatíon, søtísfattíon ønl surcess in tfr¿ir fhtes. Etgin VlhapArounl øou[l as(you to consile¡ attenlitrg tfr.is eoent ø atíness frout tfüs initintive is fr^etpíng føníIizs ryfrt in your oun comnunity. Iìcket information is [ßtel on tfre poster enc[osel. We ñope gou øre ø6k to join us anl øe'[f [oofrfotwørl to seeing you tfrzre! Etúin'tlhøp Arounl C finìrp ers on Correspondence from Elgin WrapAround Initiative regarding "Fundraising Event". Page 39 of 381 entaf Heaftñ^lUeek nø Cefetratírg C' ßu Sitent Jktlctíon entta lfursloy fvI6L! 5,2orr 11:30 - l ym Alvø?LCe lícQ.ets onfy $2s .tímítel Seøtíng St lñomøs - Efgín ?uñfrr Art Centre sot lafãot Street St. lñtmas Aßo featurtuq: lñe ^Wr øy Ar mnl E xy er í.enc e famiÚ Stwí.es líc6.ets øyøífañte 6y catfrng sry-6ß-s6o6 Correspondence from Elgin WrapAround Initiative regarding "Fundraising Event". Page 40 of 381 '!..all of the money roised goes directly to the Flex- Fund," Anne Carmichael call "the get your head around üat in the beginning because society is quite the other way, always pointing at what is bad." "lt's about 'family voice and choice', says Lori Durrell, a community worker first trained in the wraparound process in 2002."After you build a team of formal and informal supporters, getting to know the culture in a family is really important. A family knows what ít needs." Those needs vary widely. To meet fiem, one resource the CSCN has is a "Flex-Fund" to help pay for the real needs of families in crisis. When making a plan, some needs wraparound process". The first step is to bring together all the agencies that are already involved, plus all of a family's "natural supports" -friends, relatives, the school system, or the faih community. Everyone's input is necessary" says Shannon Theriault, the Manager of Wraparound Services at the Community fte local agency focused on children's mental healfi needs. The second step is to focus on strengths. lnstead of examining what's wrong, wraparound iacilitators focus üe group's üinking on fie positives - ask- ing "what is good about üris family?' and "what are its strengfts?" It sounds simple, but it's pow- erful. "lfs a different mindset," says Sherry. "lt can be hard b cover that." As part of the province-wide Children's Mental Health Awareness Week, the CSCN organized a fundraiser to help build ûe Flex-Fund. As many as 60 people converged on üe SL Thomas-Elgin Public At Cenfe on May I for a Silent Auction of items donated by üe communi- ty. "All of fte money raised goes direclly to the Flex-Fund," said Anne Carmichael, from the Oxford-Elgin Child and Youth Cenfe.lf you needed help, what should you do? 'First, make üe call,' says Lori Dunell.'The call to CSCN could be üe thing üat saves your family's life." "Second, don't give up." The wraparound process takes some of the weight off a parent and makes it possible to carry 0n. Because it takes a village to wrap around a child. don't fit the usual categories. Perhaps a family needs to pur- chase a much-needed service immediately because üe wait- ing list is too long and time is critical. Perhaps they have some basic needs. "For example," says Shannon, "a family's biggest need could be car tires. Without tires, they can't run their car, and without the car- thev can'tand wÍhout the car, üey can'tto+po elfromthe ments, or qet-to coun'sàllinq. Oxford-ElginChildandYouthCentre,makefinal Tres could make a huge differ- arrangements at the Silent Auction and Luncheon held ence. The Flex-Fund could May I during Children's Mental Health Awareness Week. It takes avillage to wrap around achild Super Shopper Staff It takes a village to wrap around a child Family life can be a challenge at the best of times. lmagine a famíly that includes a young person with a mental illness. lt could be overwhelming. How does a family get help? "As a parent, it seems so complex." says Sherry Johnstone. She should know. Her family worked through ttre enormous challenges of getting help for a young frmi- ly member with a mental illness. Now Sherry chairs the Elgin team of people involved in helping families. The key is what community workers om our offices at: 15 St. Catharine Street, 5t, Thomas, Ontario NSP 2V7 . 519.633.164A Correspondence from Elgin WrapAround Initiative regarding "Fundraising Event". Page 41 of 381 Page 42 of 381 às\ la n r-lsca Ðe onta r io.corn ff'rrr'r it l':;"er ileru eoster lo øúer ca.tegtones for 20il'PR1qR.flMS Let CiB Ontario help to make it easier to SHOWCASE YOUR COMMUNITY and recognize your volunteers! We are very excited to announce our 201 1 Program. Easy as 1,2,3,,...,.. ù fu[C¡ß 1nfarío Frogram Communities that look successful are more likely to be successful, on many levels. People and businesses want to be associated with a successful looking community, which is particularly important with respect to potential new residents, investors, visitors, developers, realtors and others, This community capacity building program is for those who aspire to excel in the CiB Ontario program and advance to the National and lnternational CiB Program, During July of each year, on an agreed date, two Communities in Bloom Ontario judges evaluate each participating community on the accomplishments of the whole team - residential, municipal, and business. Communities will be awarded a "trillium" rating along with a comprehensive 20 page Report . New for 2011 - Ask about our easy lst year entry (or re-entry) program with a simplified evaluation form, zJ Memñeaûi¡t Program This program is ideal for communities who would like a membership to enjoy all the benefits of the Communities in Bloom (C|B-O) program in a membership capacity to help in your efforts to "maintain" CiB Ontario standards with ongoing membership, continued support or networking through CiB Ontario to keep up to date on current trends or practices without being evaluated. Your Community initiatives will be showcased at the Provincial Awards ceremony to be held at Landscape Ontario's Expo 201'1 (formerly Garden Expo) in Toronto, Ontario in October 2011. Participants will receive a framed membership certificate. t hnÅcape 7nfario Qreen ftr l¡ft CommuniQ AwørÅ CiB Ontario is pleased to present this new award on behalf of Landscape Ontario, Green for Life, This program is suited to showcase specific projects or geographical segments within a community with Provincial/National recognition in the Communities in Bloom Ontario program. Any business, group, society, organization or community may enter (no limit), Participation is easy through the submission of 5 digital photographs and a project description form. Each project will be evaluated by a jury of professionals based on Community Spirit, lnnovative ldeas & Environmental Sustainability. New for 20ll - Project Categories include: Communífies (community projects, groups, business areas, BlAs, Chambers, historic restorations, gateway/entrance signage, etc), Sc6oo ß (youth involvement, school garden makeovers, environmental projec'ts, etc.) & Parfis (Extreme park makeovers, restorations, new initiatives, etc) Winners selected in each of the three categories. REASONS COM M UN ITI ES PARTICI PATE: For fwrf úer informafíon confacf, Lee Rozon, CiB Ontario Executive Director Call toll-free at I -877 -6404005 or Email : info@cibontario.ca Website: www. cibontario.ca Correspondence from Communities In Bloom Ontario regarding "2011 Programs". (Infomation available on how to Page 43 of 381 OMMUNITIES 2011 ONTARIO EDITION ReclsrRRtIoN TNcLUDES MEMBERSHTP PRrcEs suBJEcr ro cHÁNGE aFrER DEc. 31/10 Recrsren roDAy ro Trxe ADVANTAGE op MeueeRsHtp Be¡¡erlrs & Mail your completed registration form & cheque made payable to: to "Communities in Bloom Ontario" Lee Rozon, Executive Director Communities in Bloom Ontario 7856 F¡fth Line South, RR4 Milton, ON LgT 2X8 Toll-f¡ee: 1 -877-640.4005 NerwonxrNc OppoRTU NttlES RtcHT AWAv. ALTERNATE GONTACT: Name of Communitv Contact Position / Title Street Address Citv/Town lProvince lPostal Code )( Davtime Phone lEveninE Phone E-mail address Check One CIB Program Registration Category Registration Deadline Program Fees Total Remitted CiB Ontario Full Program - Population '1-5,000 April30,2011 $450.00 CiB Ontario Full Program - Population 5,001-10,000 Apr 30,2011 $600.00 CiB Ontario Full Program - Population 10,001-20,000 Apr 30,2011 $700.00 CiB Ontario Full Program - Population 20,001-50,000 Apr 30,2011 $800.00 CiB Ontario FullProgram - Population 50,001-'100,000 Apr 30,2011 $950.00 CiB Ontario Full Program - Population over 100,000 Apr 30,2011 $1,300.00 Landscape Ontario Green for Life Communitv Award June 30, 201 I $175.00 Membership Program (non-evaluated)June 30, 201 I $225.00 Siqnature:TOTAL Correspondence from Communities In Bloom Ontario regarding "2011 Programs". (Infomation available on how to Page 44 of 381 -) Él¡ tSubjecù AMO breaking news (1) re 2011 provincial budget preserves upload schedule TO THE IMMEDIATE ATTENTION OF THE CLERK AND COUNCIL March 28,2011 2011 Provincial Budget Preserves Upload Schedule Today Finance Minister Dwight Duncan delivered the 2011 Provincial Budget. lt preserves the 2008 Provincial-Municipal Fiscal and Service Delivery Review Agreement to upload $947 million in provincial costs from the municipal propefty tax base this year. AMO had been hoping infrastructure funding details for the Province's new 10 year infrastructure program, however further information is now expected in the coming months. The 2011-12 budget papers show a $12.8 billion figure for all infrastructure investment in the broader public sector (including hospitals, post-secondary institutions, and municipalities). There are a series of small announcements and allocations made in the budget, which will affect some municipalities. They include: . $30 million will be provided over three years to assist with municipal and First Nations projects that demonstrate innovative water and wastewater operating practices. Details of this program will be announced in the future.o The government is proposing to increase the basic adult allowance and maximum shelter allowance by another 1o/ofo¡ people on the Ontario Disability Support Program and Ontario Works in the fall of 2011.o Moderale lnsurance Act reforms are proposed to help protect municipaltransit systems from fraudulent insurance claims. Also, a general review of the lnsurance Acf will be undertaken to promote further harmonization with other Canadian jurisdictions. These changes will not address concerns about skyrocketing municipal insurance rates, the need to harmonize the Negligence Acf with other jurisdictions, and the need to reform joint and several liability.o Ontario's tourism regions will receive transitionalfunding to support coordinated marketing and festival support.o An additional $10 míllion has been dedicated to the Northern Ontario Heritage Fund bringing the total 2011-12 investment to $100 million.o The budget references the need for federal-provincial intergovernmental cooperation on two areas of importance to municipalities - immigration and affordable housing. It was confirmed that the Emergency Department Triage Nurse program to assist the speed of the offloading of ambulances will be continued. The budget also calls for realigning federal/provincial responsibilities to avoid policy decisions at one level of government imposing costs on another. This is important to municipal government too. AMO will continue to update the membership as further details are provided. AMO Gontact: Matthew Wilson, Senior Policy Advisor, email: mwilson@amo.on.ca, (416) 971-9856 ext. 323 AMO Breaking News dated March 28, 2011 regarding "2011 Provincial Budget Preserves Upload Schedule". Page 45 of 381 PLEASE NOTE AMO Breaking News will be broadcast to the member municipality's council, administrator and clerk. Recipients of the AMO broadcasts are free to redistribute the AMO broadcasts to other municipal staff as required. We have decided to not add other staff to these broadcast lists in order to ensure accuracy and efficiency in the management of our various broadcast lists. DISCLAIMER These are final versions of AMO documents. AMO assumes no responsibility for any discrepancies that may have been transmitted with the electronic version. The printed versions of the documents stand as the official record. AMO Breaking News dated March 28, 2011 regarding "2011 Provincial Budget Preserves Upload Schedule". Page 46 of 381 Ao{ TO THE IMMEDIATE ATTENTION OF THE CLERK AND COUNCIL April 1 ,2011 AMO Report to Members on March 2011 Board Meeting To keep members informed, AMO provides updates on important policy issues considered at regular AMO Board of Directors' meetings. Highlights of the March 2011 Board meeting follow: Ontario Municipal Fiscal Health Update AMO staff provided a summary of research on the fiscal health of municipalities in Ontario. Data on municipal expenditures was used in AMO's pre-budget submission to the Province's Standing Committee on Finance and Economic Affairs. The pre-budget submission is available on AMO's website. Gontact: Matthew Wilson, Senior Policy Advisor, e-mail: mwilson@amo.on.ca; phone: 416.971.9856 Ext. 323 Modernization of Alcohol Regulation The Board received informatíon on proposed changes to the Liquor License Act which would modernize the alcohol regulation system. Ghanges include extending Special Occasion Permit hours, allowing the use of tiered seating for festivals serving alcohol, and allowing serving staff to carry drinks across an unlicensed area. The Board endorsed a response to the Attorney Generalwhich emphasises the impacts on municipal policing services, the fairness of the regulatory system, and the issue of þint and several liability. Contact: Matthew Wilson, Senior Policy Advisor, e-mail: mwilson(@amo.on.ca; phone: 416.971.9856 Ext. 323 AMO Discussion Paper on Municipalities and Long Term Gare The Board provided final direction on the AMO long term care paper. The paper provides an overview of the current and emerging issues that will impact aspects of the delivery and funding of long term care. This includes considerations of the municipal role in the current and future provision of this important service and provides examples of' municipalities who have explored alternate service provision and funding options. AMO will be releasing the paper within the next few weeks. Contact: Petra Wolfbeiss, Senior Policy Advisor, e-mail: pwolfbeiss(Oamo.on.ca; phone: 416.971.9856 Ext. 329. Gonsultation on Fire Safety for Vulnerable Ontarians The Board received information on a consultation on fire safety for vulnerable Ontarians in occupancies such as long term care homes. AMO's submission will include information on the escalating nature of fire costs and the possible budgetary and administrative impacts on long term care homes. Contact: Monika Turner, Director of Policy, e-mail: mturner@amo.on.ca; phone: 416.971.9856 Ext.318. AMO Report to Members regarding "March 2011 Board Meeting". Page 47 of 381 Waste Management UpdateAMO staff provided the Board with an update on waste management issues. Specifically, the WDO Board will be reformed to move from an interest based board to one that has the knowledge and expertise required to oversee waste diversion programs. Also, the Board was informed of a workshop to be put on by the Recycling Council of Ontario to discuss extended producer responsibility (EPR) and municipal by-laws. Contact: Milena Avramovic, Senior Policy Advisor, e-mail: milena@amo.on.ca; phone: 416.971.9856 Ext.342. This information is available in the Polícy /ssues section of the AMO website at www.amo.on.ca DISCLAIMER These are f¡nal versions of AMO documents. AMO assumes no responsibility for any discrepanc¡es that may have been transmitted with the electronic version. The printed versions of the documents stand as the official record. AMO Report to Members regarding "March 2011 Board Meeting". Page 48 of 381 r) Aot Subject I-AS/AMO Town Hall Sessions TO THE ATTENTION OF THE ADMINISTRATOR, CLERK, AND COUNCIL REMINDER - LAS/AMO is offering lnformation Sessions about currenUplanned programs and services in the coming weeks. Upcoming sessions include: Loyalist Township (Kingston), Bracebridge, Thunder Bay, and Timmins. See attached flyer for dates. Where possib/e we have tied the session locations/dafes fo regional municipal conferences. Municipal staff and elected officials are invited to learn more about: . New Fuel Procurement Program and growing Electricity and Natural Gas Programs . Municipal Risk Management as part of our educational partnership with Frank Cowan Company ' Solar Photovoltaic lnstallation Program ' Federal Gas Tax Program and exceptional municipal projects ' New Energy Planning Tool and our Energy Management (EMT) program ' Savings available through aggregated Group Benefits and Municipal lnvestment Programs Space is limited so please register early. lf you have problems opening the attachment(s) please call AMO at (41 6) 971-9856. AMO communications will be broadcast to the municipality's administrator and clerk. Recipients of the AMO broadcasts are free to redistribute the AMO broadcasts to other municipal staff and elected officials as required. We have decided to not add other staff to these broadcast lists in order to ensure accuracy and efficiency in the management of our various broadcast lists. DISCLAIMER These are final versions of AMO documents. AMO assumes no responsibility for any discrepancies that may have been transmitted with the electronic version. The printed versions of the documents stand as the official record Correspondence received from Local Authority Services Ltd. and Association of Municipalities of Ontario regarding "Spring 2011 Page 49 of 381 _5 Aol AìIO Session Schedule: 9:00am - 10:00 - tAS Procurement Programs (Fuel, Electricity, Natural Gas) More than 180 municipalities currently take part in the LAS Electricity and/or Natural Gas Procurement Programs. This session will provide members and prospective members with an update and Q&A period related to both programs and relevant subject matter. The session will also include a preview of our exciting new fuel purchasing initiative. 10:00 - 10=45 - Federal Gas Tax Program This update will advise you of the relevant changes to the Federal Gas Tax Fund agreement and the focus of the program going forward. Hear about some progressive projects that are helping municipalities build sustainable infrastructure and improve long term planning. Learn from AMO staff what you can do to promote the benefits of this long-term, stable and predictable source of infrastructure funding. l1:00 - 12:00pm - Eliminate Waste and Earn Money with Energy Management & Solar Energy Learn how our Energy Planning Tool (EPT) can help your organization meet the regular reporting requirements soon to be outlined in the Green Energy Act, and how our Energy Management Tool (EMT) can help you save money by tracking municipal energy usage. Also discover how the installation of solar PV arrays on a municipal facility can provide a long{erm revenue source for your organization by selling green energy into the Ontario electricity grid. Networking lunch prov¡ded! 1:00 - 2:00pm - Risk Management Education Partnership ln recent years municipal insurance claims-have been impactedby a number of factors including:ìnereased damage awards, class action lawsuits, costs of future care, and climate change. As the severity of awards increases so does the exposure on those who have 'deep pockets'. Municipalities must concentrate on reducing both the frequency and severity of claims. Through an educational partnership with Frank Cowan Company, this session will focus on claims trends and the increasing duty of care placed on municipalities by Canadian courts. lt will also review the root causes of claims and suggest ways for municipalities to meet their statutory duty of care. 2:00 - 3:00pm - Administrative Programs An overview of LAS' various aggregation programs will be the focus of this session. Learn how our Group Benefits Program has saved 25 municipalities more than 12o/o on their group benefits costs, and receive a brief overview of the One lnvestment Program which provides competitive investment returns for more than 90 Ontario municipalities. Also learn about the educationalfocus and lessons learned through our Closed Meeting lnvestigator Program. Correspondence received from Local Authority Services Ltd. and Association of Municipalities of Ontario regarding "Spring 2011 Page 50 of 381 2011 Town Hall lnform Unless otherwise noted, sessíon times are: 9:00am - 12:00 noon and 1:00pm - 3:00pm - Iunch will be provided Date C¡ty Location/Address Choose Session Wednesday, March 9 City of Stratford Stratford Rotary Com plex Community Room '136 353 McCarthy Road Stratford NsA 6W1 (519\ 271-0250 n Friday, April 1 Loyalist Township (15 min west of Kingston) MunicipalOffice Council Chamber 263 Main Street Odessa KOH 2H0 (613) 386-7351 ! Friday, April 8 Town of Bracebridge Town Hall- Council Chambers 1000 Taylor Court Bracebridge P1L 1R6 (705) 645-5264 ! Wednesday, April2T Session coincides with starÍ of NOMA Conference City of Thunder Bay Protective Emergency Services Training Centre 750 Hammond Avenue, Thunder Bay P7B 6T5 (807) 684-3100 ! NOTE Session time is 1Oam.4pm to allow for travel time and free time prior to start of NOMA Conf. Wednesday, May l1 Session coincides with stañ of FONOM Conference City of Timmins Mclntyre Community Centre (FONOM Conference Location) Lions Den 85 Mclntyre Road Timmins (705) 360-2655 n NOTE Session time is 9am-1 pm, to coincide with start of FONOM Conf Sessions will be shortened to accommodate 1pm end time. REGISTRATION DETAILS: Please email registration to AMO/LAS at or fax to (416) 971-6191. We will confirm all reg¡strations. ns. þlease contact Susan at aHo Association of Municipalities of Ontario 200 University Avenue, Suite 801 Toronto, Ontario, MsH 3C6 416-971-9856 | Toll Free 1-877-426-6527k¡å¡6 I leú.iF¡¡a¡ã.4 (¡rI¡o www.amo.on.ca -- Visit the AMO and LAS websites -- www.las.on.ca Correspondence received from Local Authority Services Ltd. and Association of Municipalities of Ontario regarding "Spring 2011 Page 51 of 381 Page 52 of 381 5 ACTIVE ETGIN Municipality of Bayham 9344Plank Rd.;Box 160 Straffordville, ON NOJ 1Y0 Aot To Whom it May Concern, The goal of Active Etgin is to increase physical activity, leisure, and recreation opportunities for people of all ages and abilities in the City of St. Thomas and County of Elgin. In order to make these opportunities known \.ve are running our second Active Elgin Day, happening on Saturday, April 9,2011. This day gives members of the community an opportunity to try new activities and leisure pursuits for free or at a discounted rate. Enclosed are Active Elgin Day flyers, Active Elgin would greatly appreciate your assistance in spreading the word about this event, Whether you can post the flyer or hand them out, anything helps, If you have any questions, please feel free to contact me. Sincerely, Customer Service East Elgin Community Complex 531 Talbot St, W, Aylmer, ON N5H 2T9 T: (519) 773-s631 F: (519) 773-575s kwitzel@eastel ginc ommunityc ompl ex. ca Correspondence from East Elgin Community Complex regarding "Active Elgin Day". Page 53 of 381 ACTII/E ELGIN Activity: Hockey Site: Aylmer Minor Hockey Association Location: East Elgin Community Complex 531 Talbot St. W., Aylmer Contact: Darren Walcarius (519) 765-3735 Session Times: 5:l 5pm-6:1 5pm CoSt: FREE Activity: Karate Site: Jelf's Karate Excellence Location: 112 Curtis St., St. Thomas Contact: Jeff Jelfs (51 9) 636-4773 Session Times: 1 0:00am-1 0:30am Ages 4-5 l 0:30am- 1 1 :00am Ages 6-7 1 1 :00am-1 2:00pm Ages 8+ Cost: FREE Activity: Nature Walks Site: Springwater Forest Location: 8079 Springwater Rd., Aylmer Contact: Laura Ronayne (519) 773-9037 Session Times: Daylight hours Cost: FREE (donations accepted) Activity: Outdoor Activities Site: Lake Erie Salmon and Trout Glub Location: 4255 Thomas Rd., Port Stanley Contact: Kit Brown (519) 633-2979 Session Times: B:00am-'1 2:00pm Cost: FREE Activity: Paint and Sculpt Site: Romantic Designs Artist Studio Location: 120 Wellington St., St. Thomas Contact: Sharon Brassard (519) 860-6851 Session Times: Ages 16+ I 1 :00am-12:00pm Painting with Acrylics 2:00pm-3:00pm Sculpting Cost: $3/person Activity: Physical Games and Sports Site: Talbot Teen Gentre Location: 745 Talbot St., St. Thomas Contact: Sherry Ball (519) 631-8820 ext.235 Session Times: 2:00pm-6:00pm Cost: FREE Activity: Bowling Site: Cy Kelly's Lane and Lounge Location: 436 Talbot St. E., Aylmer Contact: Steve Kelly (519) 773-8072 Session Times: 2:00pm-4:00pm Cost: FREE Activity: Fitness Site: Kick Butt Kamp Location: 43363 Sparta Line, St. Thomas Contact: Cindy Kilmer (51 9) 871-5540 Session Times: 12:00pm Adult Bootcamp 1:00pm Child Bootcamp 2:00pm Yoga 3:00pm Boxing Cost: FREE Activity: Fitness and Squash Site: St. Thomas Health Club Location: 39 Burwell Rd., St. Thomas Contact: Traci Langford (519) 633-8481 Session Times: 1 0:00am-1 1 :00am Bootcamp '1 0:00am-4:00pm Squash Courts 1:00pm-2:00pm Classes Cost: FREE Activity: Fitness and Swimming Site: St. Thomas-Elgin YMCA Location: 20 High St , St. Thomas Contact: Sandi Jonas (519) 631-2418 ext.3l Session Times: 9:00am-10:00am Core conditioning, Aerobics 1:00pm-2:00pm Zumba Dance Class 2:00pm-3:00pm Y-Red Zone Youth lnteractive Games 2:00-4:00pm Open Swim Cost: FREE Activity: Fitness for Moms and Babes Site: Vesta Parenting Centre Location: 767 Talbot St., St. Thomas Contact: Melanie Taylor (519) 631-6461 Session Times: 10:00am-1 1:00am Boot Kamp Cost: FREE (babes in arms welcome) Activity: Gross Motor Activities Site: Ontario Early Years Centre Location: 7 Morrison Dr. St. Thomas Contact: Kim Mullings (519) 631-9496 Session Times: l0:00am-4:00pm Cost: FREE Activity: Running Site: Run for Your Life Location: 39 Burwell Rd., St. Thomas Contact: Teni Bilaski (519) 637-0333 Session Times: 10:00am-4:00pm every 112 hour as required Cost: FREE Activity: Shooting/Archery Site: East Elgin Sportsmen's Association Location: 9528 Springfìeld Rd., Aylmer Contact: John Evers (519) 773-8868 Session Times: 1 0:00am-4:00pm Cost: $1O/person Activity: Skating Site: Aylmer Skating Glub Location: East Elgin Community Complex 531 Talbot St. W., Aylmer Contact: Jody Smith (519) 765-2966 Session Times: 4:15pm-5:1 5pm Cost: FREE Activity: Strength Training Site: St. Thomas Strength Athletics Location: 1258 Ïalbot St., St. Thomas Contact: Daniel Pare (519) 633-077f Session Times: 9:00am-12:00pm Cost: FREE Activity: Sports, Open Recreation, Games Site: YWCA St. Thomas-Elgin Location: 16 Mary St. W., St. Thomas Contact: Jackie Anger (519) 631-9800 ext. 25 Session Times:'l 0:00am-4:00pm Cost: FREE Activity: Tennis Site: Tennis for Kids Location: Pinafore Park- off Parkside Dr., St. Thomas Contact: Don Fleming (519) 782-5563 Session Times: 9:30am -12:00pm Cost: $2/player Activity: Yoga Site: Serenity Now Yoga Location: 36499 Second Line, Southwold Contact: Nicole Balogh (51 9) 777 -7 400 Session Times: 9:30am-1 1:00am Yoga 1:30pm-3:00pm Yoga Cost: FREE Correspondence from East Elgin Community Complex regarding "Active Elgin Day". Page 54 of 381 Ontario Association of Fire Ghiefs 2010-2011 Pres¡dent CHIEF T. BECKETT 519-741-2926 Fax 519-741-2897 tim.beckett@kitchener.ca 1st Vice-Pres¡dent CHIEF K FOSTER 705-526-4279 exl 2234 Faxi 705-527-4543 kfosterGDmidland.ca 2"d Vice-President CHIEF B BURBIDGE 905-833-2800 Fax 905-833-6960 bburbidoe(Akino.ca 3'd Vice-President CHIEF T. BRYAN 705-295-6880 Fax 705-295-6786 tbrva n(Aosmtownsh i o.ca Treasurer DEPUWCHIEFM PEGG 905-874-2723 Fex: 905-874-2727 Past-President CHIEF R. BOYES 905-338-4426 Fax 905-338-4403 rboves(Ooakville.ca DIRECTORS CHIEFW. BRINKMAN 807467-2107 FAX: 807-467-21 55 wbr¡nkman(Dkenora.ca DEPUTY CHIEF M. DIOTTE 905-686-6058 Fax: 905-683-81 I I mark.diotte(Dtownofaiax.com DEPUTY CHIEF F, LAMIE 41 6-338-9054 Fax 4'1 ô-338-9060 flamie@toronto.ca DEPUTY CHIEF G MILLS 613-580-2424 ext 29430 Fax 61 3-580-2864 Gordon.Mills@ottawa.ca CHIEF S MINTZ 905-333-0772 Fax 905-333-8727 mintzs@burlinoton.ca DEPUTYCHIEF N MURPHY 613-548-4001 Ext5202 Fax: 6 1 3-384-5233 nmurphv@citvofkinqston.ca CHIEF G PIGEON 61 3-632-1 I 05 Fax 61 3-632-1 700 '-> Mayor and Members of Gouncil: A¿t I Experience what it feels like to fight a fire! Slip into bunker gear and 'feel the heat' at the The OAFG Politicians Seminar: The Essentials of Firefighting and Firefighting 101, otfers municipal Councillors the opportunity to understand the challenges of the fire service and its importance to theír communities. It is a two day session that will provide you with not only essential information about the fire service BUT an interactive experience that you will never forgetl Sunday morning will begin with the "Essentials of Municipal Fire Protection for Decision Makers," a seminar that will provide key information needed to plan and implement etfective and efficient fire protection and prevention services for municipalities. lt will be followed by a special program tailored specifically for politicians by the City of Toronto Fire Services, in partnership with the OAFC. The excitement begins when you slip into bunker gear and 'feel the heat' when you participate in a number of live fire training exercises. Monday morning begins with your choice of four concurrent Sunrise Sessions followed by Part 2 of the "Essentials of Municipal Fire Protection for Decision Makers" and rounds out with presentations by Provincial Ministers. ln the afternoon you will visit the largest Fire Services Trade Show in Canada, where you will be able to see a wide variety of fire vehicles and equipment and talk directly to the suppliers and manufacturers. Politicians who have previously attended this seminar have repeatedly said that it was one of the best conferences and training sessions that they had ever attended! Full Seminar details are available on line at www.oafcevents.com. Registration cost includes Monday breakfast, two lunches and a wine and cheese reception. Registration is limited to 24 people. To register please complete the attached registration form and fax it to the OAFC office. lf your Fire Chief is an OAFC member you will receive the special Member registration rate. OAFC President OAFC BOARD OFFICE 335 Bayly St. West Suite 206, Ajax, ON L1S 6M2 Tel: 905426-9865 or 1-800-774-6651 Fax 905426-3032 E-mail: administration@oafc.on.ca Sundav. Mav 2 and Mondav. Mav 3. 2010 Correspondence received from the Ontario Association of Fire Chiefs regarding "Municipal Policitians Seminar". Page 55 of 381 Page 56 of 381 5 âtø Subj ect: From: Date: To: Consultation V'lith the Thames Valley District School Board "Mark McDonald" <mrncdonal-dG elgin-county . on . ca> Vrled, March 30, 2017 8:58 am "Council-l-ors" <councill-orsGeJ-gin-county. on. ca> "Susan McConnefl" <smcconnelJ-Gelgin-county. on. ca> Mr. Warden and members of council, you have been invited to attend a consultation meeting with the TVDSB on Vrlednesday, April 20th, 20II at the Board Office in London, 1-250 Dundas Street from 2 to 4 p.m. The purpose of the meeting is to discuss some of the plans and challenges being addressed by the Board concerning enrolment and other matters. The attached l-etter of agreement indicates that E1gin County may provj-de a l-ist of attendees. You are wel-come to invite members of your local council to this meeting. I would like to stress that this level- of consul-tation is unprecedented and it is therefore very important that Elgin shows a strong presence at the meeting. The Board has asked that we provide them with a list attendees and any specific items that we wish to discuss ahead of the meeting. I would ask that you email your 1j-st of attendees and any items for discussion by no fater than Tuesday, April l2th', 2011 so that f may forward them to the Director of Education. Thank you. This emaiJ- may contain confidential information. If you are not one of the intended recipients, if you receive this email- or if it is forwarded to you without the express authorization of The County of EJ-gin, pJ-ease destroy this email and contact us j-mmediately. P Pl-ease consider the environment before printing this e-mail- Correspondence from the County of Elgin regarding "Letter of Agreement Between The County of Elgin and The Thames Valley Page 57 of 381 Elgrn:.-i:i¡ iii-,:i Progiressíve by Nature Letter of Agreement Between The County of Elgin and The Thames Valley District School Board The purpose of this Letter of Agreement (LOA) is to establish a consultation protocol between the Thames Valley District School Board (TVDSB) and communities within the constituency of Elgin County with a goal of establishing a collaborative and effective accommodation and review process. The parties to the LOA are establ¡shing a new consultation process to ensure that municipalities, residents, students and parents have the opportunity to understand and comment on the factors that comprise the education accommodation decision making process prior to the establishment of a TVDSB administrative recommendation or Board decísion. The County of Elgin agrees that it is important for each municipality in Elgin to have an understanding of the declining enrolment, program and facility challenges facing the TVDSB. Likewise, the TVDSB understands that communíty issues, goals and initiatives need to be considered into the decision making process. To accomplish these goals, the parties have agreed to public annual meetings to discuss the educational accommodation challenges in Elgin County. The TVDSB agrees to: . Provide a suitable venue for the annual meetings. Establish a date and time for the meetings. Invite representatives from the WDSB to attend the meetings. Present a report at each annual meeting that outlines a regional approach to WDSB challenges and options for consideration. Correspondence from the County of Elgin regarding "Letter of Agreement Between The County of Elgin and The Thames Valley Page 58 of 381 Elgin County agrees to: . Establish an invitee list for the annual meetings. Provide meeting notification to ¡nv¡tees. Provide wr¡tten comments to TVDSB following the conclusion of the meeting. Such comments will be for the purpose of consideration in the development of WDSB administrative recom mendations and Board decisions. The term of this LOA shall be for a period of four years from the effective date of signing and may be extended upon written mutual agreement of the County of Elgin and the Thames Valley District School Board. The LOA shall be reviewed annually by the CAO for the County of Elgin and the Director of Education for the TVDSB. Signed on Septemb er L4th,zoLO Bonnie Vowel Warden, Elgin County Chair, TVDSB Correspondence from the County of Elgin regarding "Letter of Agreement Between The County of Elgin and The Thames Valley Page 59 of 381 Page 60 of 381 5 AtÇ Subject: Ontario Child Benefit Good Afternoon, We are contacting you to heþ us ensure low-income families are aware of the Ontario Child Benefit and what theymayneed to do to access it. Ontario is working to break the cycle of povertyby removing barriers and creating opportunities to help Ontarians achieve their full potential and contribute to a prosperous and healtþ Ontario. As part of Ontario's Poverty Reduction Strategy, the Ontario Child Benefit is an Ontario government program to heþ low-income families provide for their children. When the program is fully implønentedin2Dl3, eligible families can receive up to $1,310 per child annually. Attached is information about the Ontario Child Benefit and other tax related information. We encourage you to use this information to display or distribute to your members or clients. If you maintain a website or produce a newsletter or other communication to your clients or members, we encourage you to include this information as an attachment or copied into your materials as well as these helpful links: ontario. calchildbenefi t onta¡io. caltaxcredits Thank you. Ministry of Children and Youth Services Correspondence received from Ministry of Children and Youth Services regarding "Ontario Child Benefit". Page 61 of 381 The Ontario Child Benefit is a provincialgovernment program, which provides financial support to low- income families to help provide for their children. Low-income families who qualify for the Ontario Child Benefit receive up to almost $92 per child per month up to a maximum of $1,100 per child per year. There is no separate application for the OCB. Depending on your family income, you may qualify for the Ontario Child Benefit (OCB), if you: . have filed and had assessed your previous years income tax return (including your spouse or common-law partner) o have registered your child for the federal Canada Child Tax Benefit. are the primary caregiver for one or more children under 18 years of age. are a resident of Ontario I'm eligible - what happens next? The Canada Revenue Agency will automatically review your eligibility once you and your spouse/ common law paftner's income tax returns from the previous year are assessed and you have registered your child for the Canada Child Tax Benefit. lf you are eligible, the Ontario Child Benefit is included with Canada Child Tax Benefit and NationalChild Benefit Supplement monthly payments. You can download an lncome Tax and Benefit Package from the Canada Revenue Agency website, www.cra-arc.gc.calforms. For more information, or to apply for the Canada Child Tax Benefit, visit the Canada Revenue Agency website for an application form or callthe Canada Revenue Agency toll-free at 1-800-959-2221. How much will I rcceive? The amount will be determined according to the number of children under 18 years of age and based on family net income. You can qualify for the benefit whether you are working or not. To see how much you may be eligible for you can also use the online calculator found on the OCB webpage at www.ontario.calchildbenefit. The maximum amount you can receive is $1,100 per child, per year. Need moñe information? For specific information about your payment, contact the Canada Revenue Agency toll-free at 1 -800-387-1 1 93 flTf: 1 -800-665-0354). For general information about the Ontario Child Benefit program, contact our toll-free number at 1 -866-82 1 -777 0 0Tl: 1 -800-387-5559). Correspondence received from Ministry of Children and Youth Services regarding "Ontario Child Benefit". Page 62 of 381 Ministry of the Environment Drinking Water Programs Branch '19'h floor 2 St. Clair Ave West Toronto ON M4V 115 March 4,2011 5 Ministère de l'Environnement Direction des programmes liés à I'eau potable 1 9u étage 2, avenue St. Clair Ouest, Toronto (Ontario) M4V 115 Òe:Þ7,Lt,Ontar¡o A/b Dear Municipal Clerk, Please find enclosed a copy of "Taking Care of Your Drinking Water: A Guide for Members of Municipal Councils," a new guide from the Ontario Ministry of tne Environment. This guide was developed with the help of an Advisory Group consisting primarily of municipal mayors and councillors. lt is intended to help municipal elected officials better understand theiroversight responsibilities provide some basic reference material on drinkingwater for their use. lt also advice on actions a member of municipal councilcan take to become bette g water in their community. The guide is available in both English and French on the Drinking Water Ontario website found atwww.ontario.caldrinkingwater and can be located by using "Sıarch" to find plBS 7gg9e. ln addition to the guide, the Walkerton Clean Water Centre, an agency of the Ontario Government dedicated to ensuring that training and education about drinking water quality is available andaccessible to owners and operators of Ontario's drinking waterlystems, haslaunched a new training course for municipal decision makers entitled "Standard -of Care - Safe Drinking Water Act.', This new course is designed to inform municipal councillors and officials of their oversight responsibilities and complements the new guidance document. To get more information on thetraining course details and session offerings, visit the Centre's webðite at www.wcwc.ca or byphoning toll-free 1-866-515-0550. Sincerely, Orna Salamon Director, Drinking Water Programs Branch Enclosure 1901 (01/2006) Correspondence dated March 4, 2011 from Ministry of Environment regarding "Taking Care of Your Drinking Water: A Page 63 of 381 TABLE OF CONTENTS INTRODUCTION A Message from the Chief Drinking Water lnspector of Ontario A Message from Ontario's Chief Medical Officer of Health What You Need to Know About Your Drinking Water Responsibilities .............. UNDERSTANDING YOUR RESPONSIBILITIES FOR OVERSEEING DRINKING WATER A Legislative and Regulatory Framework for Protecting Water CheckYour Knowledge What Should I be Asking?.................. 2 2 3 l l -t J l l l l 4 5 6 11 12 OVERVIEW OF DRINKING WATER MANAGEMENT TOPICS Organizational and Governance Models Managing the Risks to Dr¡nking Water lnfrastructure Planning Sustainable Financial Planning for Drinking Water Systems Drinking Water System Operators 13 13 14 16 18 20 25 27 I For Further lnformation Summary of Actions You Can Take 32 33l l l l Glossary Taking Care of Your Drinking Water: A Guide for Members of Municipal Councils I f Correspondence dated March 4, 2011 from Ministry of Environment regarding "Taking Care of Your Drinking Water: A Page 64 of 381 A Message from the Chief Drinking Water lnspector of Ontario Ensuring the safety of Ontario's ùinking water is a shared responsibiJity. It requires dedi- cation and a commitment to constant vigilance from many partners, ranglng from govern- ments to treatment plant opera- tors. More than 80 per cent of Ontario's population receive their drinking water from a municipal drinking water system, and much of the important work of maintaining safe drinking water for the people of Ont¿rio is done at the municipal level. Drinking water quality and inspection results consis- tently show that Ont¿rio's municipalities are doing an exceptional job in this regard. If millions of Ont¿r- ians take clean, safe drinking water for grarited, it is because so many dedicated public officials do not. This guide is intended to support you in your role as a municipal councillor who may have oversight responsibilities for one of these drinking water systems. The guide will help you understand your responsibilities under the Safe Drinking Water Act, 2002 and provide you with information on how pn- t¿rio's drinking water is safeguarded. It will help an- swer questiors about your statutory standard ofcare responsibilities, and it provides some basic reference material on drinking water. It also has some practical advice on informed and questions to test your lmowledge. As Chief Drinking Water Inspector, I look forward to continuing to work with Ontario's municipalities to safeguard Ont¿rio's drinking water. John Stagør Chief Dri,nking Water Inspector of Ontario A Message from Ontario's Chief Medical Offi cer of Health Safe drinking urater is one of the key pillars of public health in Ontario. We all lcrow that if a drinking water system fails, serious life-tlueatening conse- quences can result. Ontario's public health units work together with municipali- ties in many ways to protect the pubìic, including when your community's drinking water may not be safe for consumption. As munici- pal councillors with oversight responsibiïties for municipal drinking water systems, I encourage you to underst¿nd how your role can directly affect the health of your community and to keep it as a para- mount consideration in your decision-making. Dr. ArløneKing Chief Med,ical Offi,cør of Heùth of Ontario rience u)üryls that we may haue become ai,cti,ms of our ou)n success, tøking for granted, our drínking uta,ter's saJetE. The kegnote i,n th,e future should, be uigilance. We should, neaer be complacent about dri.nking w a,ter s afetg." - Justice Dennis O'Connor, 2002, Report of the Walkerton lnquiry "Si,nce Dr. John Snous's 1854 d,iscouerE in Lond,on, England, that drinking water could, kiII people bE transmitting disease, the d,eueloped, uorld, has come a long utaE towards eli,minating the transmission of )) I2 | Taking Care of Your Drinkíng Water: A Guide for Members of Municipal Councils Correspondence dated March 4, 2011 from Ministry of Environment regarding "Taking Care of Your Drinking Water: A Page 65 of 381 Page 66 of 381 5 Ministry of Health and Long-Term Gare Office of the Minister lOth Floor, Hepburn Block B0 Grosvenor Street Toronto ON M7A 2C4 fel 416-327-4300 Fax 416-326-1571 www.health.gov.on.ca Ministère de la Santé et des Soins de longue durée Bureau du ministre '10" étage, édifice Hepburn 80, rue Grosvenor Toronto ON M7A 2C4Tét 416-327-4300 Têléc 416-326-1571 www.health.gov.on.ca h,L HLTC2966MC-20 1'1 -1 690 þlAR 2 2 2011 Mrs. Lynda Millard Clerk Municipality of Bayham PO Box 160 9344 Plank Road Straffordville ON N0J 1Y0 Dear ro: L$ Thank you for your letter regarding the Council of the Municipality of Bayham's support for the St. Thomas-Elgin General Hospital (STEGH) capital redevelopment proposal. I apprec¡ate the opporlunity to respond and provide you with some information. The ministry completed its review of STEGH's proposal and will be considering potential next steps in the context of the next capital plan. To ensure our health care infrastructure is able to meet the needs of Ontarians well ¡nto the future, my mínistry is currently working with the Ministrv of lnfrastructure on a 10- Year lnfrastructure Plan, Building off of the Government of Ontario's $60 billion infrastructure investments through ReNew Ontario and Stimulus, the Plan will lay out a framework for future investments and lay the foundation from which STEGH's project will be evaluated and considered. I hope you find this update to be helpful. Thank you again for your advocacy on behalf of the Municipality of Bayham. Sincerely, 7/) Deb Matthews Minister c: The Honourable Bob Chiarelli, Minister of lnfrastructure Ontario 1671-01 (03/04) Correspondence dated March 22, 2011 from Ministry of Health and Long-Term Care regarding "St. Thomas Elgin General Page 67 of 381 Page 68 of 381 5 Dta Subject: Letter from Hon. Bob ChiarellÍ, Minister of Infrastructure linistry of lnfrastructure Tfice of the Minister ith Floor, Mowat Block 100 Bay Street-oronto ON M7A 1C2-el:416 325-5270 :ax: 416 325-8860 vww.ontario.cali nfrastructu re Ministère de l' I nfrastructure Bureau du ministre 5e étage, édifice Mowat 900, rue Bay Toronto (Ontario) M7A 1C2 Té1. :416 325-5270 Téléc :416 325-8860 www.ontario.calinfrastructure vlarch 25,2011 lis Worship Paul Ens vlayor vlunicipality of Bayham layham@bayham.on.ca )ear Mayor Ens: lhis letter is to update you on the progress of the Government of Ontario's 1O-year infrastructure plan. As rou know, in March 2010, the govemment committed to a 1O-year infrastructure plan, which we plan on eleasing later this year. \s we set out to craft the plan, the Ministry of lnfrastructure embarked on a series of prov¡nce-wide pnsultations, in which the public was invited to deliver oral and written submissions. So far, more than 200 ;ubmissions have been received and rev¡ewed by my ministry. fhat's why, at this point in the process, I felt it important to contact you today and provide an update on the rpproach we're taking as we move forward in developing the plan. )ntario's lnfrastructure History \ good system of public infrastructure, we can all agree, takes a long time to build and requires a long-term pmmitment by government. [See Figure 1] As you can see, a tremendous level of infrastructure investments ¡ccurred in the 1950s and the 1960s. The results are still with us today. That's when we started to build the lO0-series highways. That's when the Toronto subway system was built. That's when we laid the oundations of our present-day system of community colleges. Subsequently, from the 1970s until the nillennium celebrations, infrastructure investments were drastically reduced. ùrtår¡o Correspondence dated March 25, 2011 from Ministry of Infrastructure regarding "Government of Ontario's 10 Year Page 69 of 381 Figure l: Ontario has entered an Era of lnfrastructure Renewal -v .ËUsøEluruäEo-(J|c 5¡¿Ëã åËlu aEbD IJtg ô-gp G s350 $3oo $250 $aoo $150 $1oo $5Ð Êo -+5Ð -$too {or¡st¿nt ¡oo¡ dollars Sour{e; Statistics Can¿ê, gntario Ministry of lnfrastructare lou will be aware that, in 2005, the Government of Ontario embarked on an ambitious plan - ReNew Ontario - which delivered over $30 billion in much needed infrastructure investments across all sectors. Originally sel ¡ut as a five-year vision, it was delivered in four years and helped expand and rebuild public infrastructure in pmmunities across the province. =or the past two years, Ontario, Canada, and most of the world have been coping with the greatest global ¡conomic downturn since the Great Depression. ln conjunction with our partners at the federal and local evels, we have combined our effofts to create jobs and stimulate the economy, and have done so through an rnprecedented infrastructure stimulus investment. ühat we have accomplished together is nothing short of remarkable. Nearly 10,000 stimulus projects have )een approved across Ontario in the last two years. These projects are helping to create and support over 70,000 jobs in Ontario and will generate a series of legacy projects across the province. lour lnfrastructure Priorities )ntario's partnership with municipal governments has resulted in dramatic capital investment over the course ¡f the last few years. [See Figure 2] Correspondence dated March 25, 2011 from Ministry of Infrastructure regarding "Government of Ontario's 10 Year Page 70 of 381 Figure 2: Provincial lnvestments in f¡lunicipal and Local lnfrastructure ! E .ç 3,000 2,50Ð 2,0t9 1,500 1,000 50t 2û03-O4 Âdual 2004€5 Actual ?0û5{t6 Âdual ?0(F{7 209744 Aclual Actuat Ysar 20{xl-10 ?t10-11 Adual Plan 20r8{g Actud Sources: Publåc Accou¡ts and MO I estiffiales. ìince 2003, we've built or repaired 700 bridges and over 5,500 km of roads (roughly equivalent to driving rom Ottawa to Toronto and back six times). We've invested nearly $11 billion in public transit so that þmmunit¡es across Ontario can undertake the most significant and extens¡ve expansions in local public ransit in a generation. Together we have built, renovated or expanded 13 courthouses; built 400 new ¡chools, with 100 more underway; and committed almost $1.8 billion in grants for municipal water and vastewate r i nfrastructu re. \long with our government's ongoing municipal uploading, the fiscal impact for municipalities has indeed leen dramatic. More specifically, municipal uploads will result in a net benefit of $1.5 billion to municipalities ty 2018. As a former Regional Chair and Mayor of Ottawa, I understand the pressures that municipal leaders ace and recognize that ongoing funding from the Government of Ontario has gone a long way towards rssisting local community planning. /ision for the 10-Year lnfrastructure Plan l-he 1O-year plan consultations that I mentioned earlier have highlighted for us the continued demand for Correspondence dated March 25, 2011 from Ministry of Infrastructure regarding "Government of Ontario's 10 Year Page 71 of 381 )ubl¡c infrastructure. All sectors of the economy are in need of public infrastructure to meet the significant lemographic and economic changes that are underway. Our population is growing. Our population is aging. )ur population is increasingly diverse. These changes will result in demand for more transit, better roads, and nore effective health care infrastructure, among other public infrastructure demands. \s we set out to craft a vision for the next 10 years, the Ministry of Infrastructure is conscious of the need to ¡resent a framework that is fiscally responsible and allows for medium-term flexibility, while still setting a cleat )o u rse for infrastructure investment. :iscal responsibility has always been the core lens through which this government has operated. In the three /ears prior to the onset of the recession, the provincial government posted three consecutive balanced udgets - at a time when ReNew Ontario was investing in communities across the province. At this time, witt nost comparative jurisdictions facing similar deficit levels, we cannot proceed without regard for the undamental fiscal realities. vledium-term flexibility is also a key factor as we seek to lay out a vision for the future. The Government of )ntario is obligated to present a plan that continues to make prudent assumptions about future economic ¡rowth. In our view, there exists a balancing point between providing stable funding and maintaining flexibility - and this is an area where we are devoting significant consideration. ìiven these realities, we will prioritize our investments over the next 10 years according to key principles: natching our infrastructure to economic and demographic changes; building the core economic infrastructure hat lays the foundation for Ontario's competitiveness and potential for growth; and getting better value hrough improved management of our assets. To be clear, we aim to set out a framework for continued nfrastructure investments and will seek to ensure that you - our partners in the broader public sector - will rlways know what our conditions and criteria will be as we evaluate future needs. want to thank you for all the work that you and the staff of your organization have undertaken both as part of rur capital planning process and to help ensure that we deliver infrastructure projects that meet the needs of )ntario communities. Working together, we will continue building a lasting infrastructure legacy that all )ntarians will be proud of. n providing you with this update to our long-term planning process, I seek to continue the healthy dialogue rnd exchange of ideas that have been at the heart of our shared success. Over the next few months, as we pntinue to craft and finalize our long-term vision, I would encourage you to continue to engage with the vli n istry of I nfrastructu re. )lease accept my very best wishes. Correspondence dated March 25, 2011 from Ministry of Infrastructure regarding "Government of Ontario's 10 Year Page 72 of 381 ob Chiarelli linister of I nfrastructure : Mr. Kyle Kruger, Administrator, Municipality of Bayham Correspondence dated March 25, 2011 from Ministry of Infrastructure regarding "Government of Ontario's 10 Year Page 73 of 381 Page 74 of 381 Correspondence from County of Elgin regarding "Elgin County 2011 Budget". Page 75 of 381 Correspondence from County of Elgin regarding "Elgin County 2011 Budget". Page 76 of 381 Correspondence from County of Elgin regarding "Elgin County 2011 Budget". Page 77 of 381 Correspondence from County of Elgin regarding "Elgin County 2011 Budget". Page 78 of 381 Correspondence from County of Elgin regarding "Elgin County 2011 Budget". Page 79 of 381 Page 80 of 381 5 (oa Minutes of ELGIN GROUP POLIGE SERVICES BOARD Feloruary 15,2011 The Elgin Group Police Services Board met at the County Administration Building, 450 Sunset Drive, St. Thomas, with the following in attendance: Wayne Casier, Board Member Douglas GLrnn, Board Member Bill Walters, Board Member lnspector Brad Fishleigh, OPP, Elgin Detachment Commander Sgt. Ken Hummel, Contract Policing Analyst, OPP Headquarters, Orillia Staff Sgt. Rod Case, Case Manager, Contract Policing Section, OPP Headquafters, Orillia Sgt. Dino Tstineneas, Contract Policing Section, OPP Headquaders, Orillia Mark McDonald, Secretary/Administrator Jim Bundschuh, County Director of Finance Susan McConnell, County Administrative Services (Regrets: Joanne Ferguson, Duncan McPhail, Board Members). Chair Gunn called the meeting to order at 3:04 p.m. Disclosure of Pecuniarv lnterest None. Delegation OPP Sgt. Kevin Hummel gave a PowerPoint regarding the OPP Contract. (Presentation attached to minutes). Fishleigh is setting up meetings with padner municipalities as well as community policing committees, He gave an overview of the presentation he will be giving. He will also be asking councils for input and priorities for the OPP's three-year strategic plan. Fishleigh asked the board to consider who should present the contract details to the municipalities. lt was noted that in the past, the Commander and Board representative went to separate murl¡clpe] council meelings, aprocess preferred by the councils. Fishleigh agreed to provide Stats Canada information on community policing information in other parts of Ontario for comparables. A number of questions regarding the contract were asked of the delegations such as: 1) ls there much latitude to negotiate the contract or are staffing complements largely determined by adequate and effective deployment models as defined by contract policing? 2) How does Elgin's cost per capita compare with similar sized detachments? 3) When will contract policing be ready to share their proposal for consideration by the Board? Elgin Group Police Services Board minutes of meeting held February 15, 2011. Page 81 of 381 Elgin Group Police Services Board February 15,2011 GorresBond_ence 1) Andrew Eamer, Bureau Commander, Business and Financial Services Bureau with a Revised 2011 Salary Rate Estimate for Ontario Provincial Police costs Services Board. An explanation of the salary increase amount was requested by Gunn with responses provided by Case. The next steps in the process of negotlations of the police contract will be an analysis of the data by Hummel who will come back to the PSB with a proposal including estimates, likely in mid to late May. Moved by Casier Seconded by Walters THAT Correspondence ltem #1 be received and filed. - Carried, Glosed Meeting Moved by Walters Seconded by Casier THAT we do now proceed into closed meeting sesslon. - Carried. Motion to Rise Without Reporting Moved by Walters Seconded by Casier THAT we do now rise without reporting. - Carrîed. Adiournment Moved by Gasier Seconded by Walters THAT we do now adjou rn at 4.20 p.m. with the board to meet agaín on March 23, 2011 at 2:00 p.m. - Carried. M. G. MeDonald, Secretary/Adm i n istrator. Doug Gunn, Chair. Elgin Group Police Services Board minutes of meeting held February 15, 2011. Page 82 of 381 ELGIN GROUP RENEWAL OPP G ontract Policing Ovelview Section Sgt. Kevin l-lummel Sgt. Dino Tsitomeneas E l g i n G r o u p P o l i c e S e r v i c e s B o a r d m i n u t e s o f m e e t i n g h e l d F e b r u a r y 1 5 , 2 0 1 1 . P a g e 8 3 o f 3 8 1 OPP have policed Municipalities under contract for over 60 years/ We currently have 113 policing contracts serving I44 municipalities. utilize the shared OPP resources1,L2 contracts methodology. Flexibility to provide adequate & effective policinE services thr_ough a seqmless level of policing to all of our policingiobligations" Th accountable: through the PoliceSe ards, Municipal Councils and the citizensof clpalities we s( rve, Sharing a largen number of policing resources is an advantäge tdnneet the over'all goaT of havinE safe cornmunities. E l g i n G r o u p P o l i c e S e r v i c e s B o a r d m i n u t e s o f m e e t i n g h e l d F e b r u a r y 1 5 , 2 0 1 1 . P a g e 8 4 o f 3 8 1 Western Re ion Contracts r We have 33 Contracts within Western Region Estimates/ Budgets for these contracts total over 108 million dollars Current economic environment may result in non OPP policed communities requesting a costing from the OPP E l g i n G r o u p P o l i c e S e r v i c e s B o a r d m i n u t e s o f m e e t i n g h e l d F e b r u a r y 1 5 , 2 0 1 1 . P a g e 8 5 o f 3 8 1 I The Policel Services Act sets out the roles and responsibilities of the Solicitgr General, municlpalities and Ontario Provincial Police with respdct to the provision of policing services in Ontario , Municipal policing options:r Establish a police service alone or with another municipality x Enter into a contract with another municipality to have its policing service provide policing as long as the municipality is contiguous to itr Enter into a contract with the OPP under section 10 of the PSA E R.eceivê services through a non-contract arrangement with the OPP as detailed ln sectÏon 5.1 of the PSA pality does not provide t in éection 5 th'e OPP shall nicipality E l g i n G r o u p P o l i c e S e r v i c e s B o a r d m i n u t e s o f m e e t i n g h e l d F e b r u a r y 1 5 , 2 0 1 1 . P a g e 8 6 o f 3 8 1 PSA cont r OPP police communities under section 5.1 PSA (non contract) r OPP alqo police under section 10 PSA (contrabt) r Detachment Comrnanders are accountable to Police Service Boands E l g i n G r o u p P o l i c e S e r v i c e s B o a r d m i n u t e s o f m e e t i n g h e l d F e b r u a r y 1 5 , 2 0 1 1 . P a g e 8 7 o f 3 8 1 Full T¡me Equivalent Based on average # of hours available for calls (1467 hrs) Factors Weekends {,2 days/week}, ì Vacatiorl , Sick Days Statutory Hollda)/s, WSIB M ate rn ity/Pa re nta l/Ad o pti o n Leave, Trai ning & Couu't E l g i n G r o u p P o l i c e S e r v i c e s B o a r d m i n u t e s o f m e e t i n g h e l d F e b r u a r y 1 5 , 2 0 1 1 . P a g e 8 8 o f 3 8 1 Provi nclal Service Usa I A¡l MunicilRalities benefit from OPP Services ies are mandated by sec deployed 0n Provinclally cked and recorded as PSU Elgin Group does not the overtirne incurred pay for these deployments, or fon backfilling E l g i n G r o u p P o l i c e S e r v i c e s B o a r d m i n u t e s o f m e e t i n g h e l d F e b r u a r y 1 5 , 2 0 1 1 . P a g e 8 9 o f 3 8 1 (D(J¡- l-(u(n Øl .g ¡+qilFg,n +\./-EC(uÈHo=l ËËEE--i.aGÈJ-)l¡-¡-rFuL! clLrLLlc =¡ gPîof, R¡ ñ/ -,, =OIY=bc'rç!Ð/rrCËË.E'ıfu=b= ¡ Elgin Group Police Services Board minutes of meeting held February 15, 2011. Page 90 of 381 A Proud ditíon of Serutng the Cítí.zen ls of, Qnt ørío-Ques tíons P E l g i n G r o u p P o l i c e S e r v i c e s B o a r d m i n u t e s o f m e e t i n g h e l d F e b r u a r y 1 5 , 2 0 1 1 . P a g e 9 1 o f 3 8 1 Page 92 of 381 Ma r. 28, 201 1 2:23PM County of Elein 5 No, 7094 P,1/2 Lt o Tel. 519 631-1460 Ext. 161 Fax. 519 633-7661 Res. 519 631-0700 ELGIN GROUP POLIGE SERVIGES BOARD Ghair Doug Gunn 450 Sunset Drive St. Thomas, ON NsR 5V1 Municípality of Bayham MunlcÍpalily of GentmlElgin Municipality of Dufton/Dunwich Municipallty of West Elgin Township of Melahide Township of Southwold March 28,2011 Member Municipalities Re: Ontario Provincial Police (OPP) Gosting Please be advised that the Elgin Group Police Services Board (PSB) at its March 23,2011 meeting, approved the following resolut¡on: 'THAT the Elgin Group Police Services Board supports the resolution from the Municipality of Brighton Council regarding the cost of policing for contract OPP; and, THAT the letter be fonruarded to partner municipalities. - Garried. (sígned) Ghair Doug Gunn" A copy of the Municipality of Brighton Council's resolution is enclosed in this letter, Brighton is calling for the Provincial Government, through its Police Services gmnt in the Ontario Municipal Partnership Fund formula, to cover all increased costs associated with the recently negotiated OPP contract. Susan McGonnell Elgin Group Police Services Board 519-631-1460 x103 Enclosure cc: Premier Dalton McGuinty Hon. Jirn Bradley, Minister of Community Safety & Gorrectional Seruices Hon. Steve Peters, M.P.P., Elgin-Middlesex-London Hon. Dwight Duncan, Minister of Finance Municipality of Brighton Correspondence dated March 28, 2011 from Elgin Group Police Services Board regarding "Ontario Provincial Police Costing". Page 93 of 381 Mar,28, 20.l1 2:23PM County of Elein N0,7094 P, 2/2 vtt.ffi c¡¡v ffiHCËIVËD MAll I 4 zul Frrday, March 4,20tL To: Police Services Boards tn ontario otlftTÏF tFÉItiI Re: opp costìng ¡DHNTnAìTyE$sfrlf¡trg I would llke to lnform you that the Municipality of Brlghton Council passed the following resolution at the Councll Meeting held on Monday, February 22,201t. The Resolutlon reads as follows: Resolutlon No. 2011-{177 That Council approves the following resolution: "WHEREAS the cost of pollclng ln Ontario for contract 0PP has increased dramatically over , the last decade, far exceeding the rate of inflatlon, and WHEREAS the Províncial Government has proposed a wage freeze for provlncialemployees for a two year period, and WHEREAS the Provlncial Government has recently negotiated a 5.075To íncrease with the OPP" and WHEREAS municipalities must cover over two-thlrds of pollclng costs from local taxpayers, NOW THEREFORE be it resolved that the Provlnclal Government, through lts Pollce Services grant Ín the Ontario Municipal Paftnership Fund {OMPF} formula, cover all lnereased costs assocÍated wíth the recently negotiated OPP contract, and FURTHERMORE that this resotution be forwarded to the Premier of Ontario, the Minister of Community Safety and Correctional Seruices, the M¡nlster of Flnance, the local Member of Provincial Parliament, and other Section 10 Police Service Boards in 0ntario." Cø¡rIed The resolution was passed unanlmously. Yours sincerely, VickiKimmett Deputy Clerk Municipality of Brlghton VK/vk Phone: 613475-0670 , Fax 613-475-3453 . Ernail: general@brighton.ca Correspondence dated March 28, 2011 from Elgin Group Police Services Board regarding "Ontario Provincial Police Costing". Page 94 of 381 _5 March 23,2011 C13 To The Councils of Bayham, Malahide and Central Elgin A few years ago f sent a letter to the municipalities with a copy of a newspaper article showing a barge with 4 corner legs and a backhoe on it which had been used to dredge a port on Lake Huron. I suggested that the 3 townships should consider sharing the cost of a similar piece of equipment for their 3 respective ports. Port Bruce has been contracting dredging out for many years and Port Burwell has had a serious need for it for even longer. Port Stanley has not had dredging to the27' depth for shipping in many years and is gradually getting shallower. As the outer harbour south of the lift bridge silts in it is very likely that the channel depths north of the bridge will not maintain their traditional draft for boaters and outgoing ice flows. As the Municipality of Bayham has recently begun to discuss purchase of a dredge I would like to remind their two neighbours to the west the potential value of sharing such an investment. When not in use by the municipalities it might be available for private use by the creek front property o\ilners such as marinas. A second barge with bottom opening door could transport the dredged material into the lake for disposal. This barge operated dredging opens up greater accessibility to locations which cannot be reached by a land based crane dredge. Dredging the side of the creek which has the naturally occurring deepest channel would have longer term results as it would not silt back in as quickly as the naturally shallow side does. Also there are many areas of the creeks which are blocked by buildings from a land based crane dredge. Please give this idea serious consideration. R.R. # 2 Aylmer, ON NsH 2R2 Correspondence dated March 23, 2011 from Michael Down regarding "Dredging". Page 95 of 381 not for havigation -deepest channel 'Note - shoal lrom20O tSE of to250 sE exisfs Easf pier dirt steel dirt Þhpel hoa l very shallow Approach harbour from the SE and stay l0' from East pier ment pier æù1 red lig ht \. shoal 'see note\\ t buoys¡\\\\ greenlight This is an updated chart of one prepared by myself 10 years ago for the Port Stanley"REPORT". NOt¡, as then j-t has been compiled with the asslstance of Port BurweII commercial fj-sherman Larry l4artin. The location of the deepest channel- in 96 v/as the same as it was in :.987 . FOLLOW THE DOTTED LTNE TO FIND THE DEEPEST SIDE OF THE CREEK. A 7'.draft tug of 'Bastienrs' ran out of here in 96 but had to Ieave in early October as the water leve1 dropped.The shallow area by the buoys is relatively pr:otected in southwêst or southeast waves and is-only likely to be dangerous in large southerly waves.Larry teIls me the steel wal1 on the west side of the creek is federal property and is usually capable of accomodating visiting vessels. I will update this inforlnation ¿ SAFE BOATTNG Mike Down in early 1991. Correspondence dated March 23, 2011 from Michael Down regarding "Dredging". Page 96 of 381 /,- - +t. -uvr''¡¡> Cd-;t A *o t3.J r'v'rr s l,zLtZ, I il I;ì':F-. C < -¡ (Õ 7:1' í L i f lq8? ,'"'ñ<N L f ,L nì{íe)'S ottôv E C dfr,,,., D ts To /\i c e To s |-t;y F ro n-i L ÒNK ferciet P€sT C,l ¡¡.'., i4 l¡/aTe - ,1 fi.\_ e.lfur¡,t 4 :-, i D o'taPLSl cùa¡.r¡el ,.^,'of-Tj, €rzST of c a sT ,lre r J 3-) Coi^n F (,g L lo ,l I I I E l/atL,E t o"¿4 r î-t' ê & $^,6 7 I I 5.9 .¿jr> 5 ^ t{'F*.-5 î þê72'5 T oD ?-r 'acK 7 TO 5 ++ ì2 lt tö1 É, 54 I 'J g.l 7-r 1.1 n'> 3 8. b- g 50 /-\--- -,-,----/ +Vov,ev \ ""\\s t I 6 / 3D t , | ":e- 4 ç'f 8 ¿ 5,ç tê tf + --?-l---t5- /\-\'¡çta ,!/.7:L '+ 11'ô t I 5o-/-Leasl- Lç t¡, is /ila i. r s 5,'cr.r.7 l!,4!¿So F o 5 /^ fs ítc ¡,'- lr-, '' fi çra g.,ry Correspondence dated March 23, 2011 from Michael Down regarding "Dredging". Page 97 of 381 Page 98 of 381 5 Ministry of Tourism and Culture Minister 9th Floor, Hearst Block 900 Bay Street Toronto, ON M7A 2E1 Tel: (416) 326-9326 Fax: (416) 326-9338 March 28,2011 His Worship Paul Ens Mayor of Bayham 9344 Plank Road PO Box 160 Straffordville, ON NOJ 1Y0 Ministère du Tourisme et de la Gulture Ministre 9' étage, Édifice Hearst 900, rue Bay Toronto, ON M7A 2E1 Té1.: (416) 326-9326 Téléc.: (416) 326-9338 òoá l090MC-2011-113 Dear Mayor Ens: Your letter to Steve Peters, MPP for Elgin-Middlesex-London, regarding support for Project Ojibwa was forwarded to me and my Cabinet colleagues for consideration. As you may know, Dr. John Carter, Museum Advisor with the Ministry of Tourism and Culture, has met with Mr. Ian Raven, Executive Director of the Elgin Military Museum, on several occasions to provide advisory services for Project Ojibwa. The Elgin Military Museum receives yearly provincial funding through the Ministry of Tourism and Culture's Community Museum Operating Grant. As an extension facility of the Elgin Military Museum, eligible operating costs for the project could be considered through the Community Museum Operating Grant. Although the ministry does not currently have a capital funding program to assist with Project Ojibwa, I encourage a member of the project to contact Ms. Mary-Jo Sullivan, Program Manager with the Ontario Trillium Foundation by telephone at 519-439-2693, or by email at msullivan@trilliumfoundation.org, to determine if the project is eligible for Ontario Trillium Foundation funding. I encourage the Elgin Military Museum to continue discussions with Dr. Carter as Project Ojibwa proceeds and I wish the Elgin Military Museum success in its future endeavours. Thank you for writing. Yours truly, Michael Chan Minister l2 Correspondence dated March 28, 2011 from Ministry of Tourism and Culture regarding "Project Ojibwa". Page 99 of 381 1090MC-201l-113 -2- c: Steve Peters, MPP, Elgin-Middlesex-London The Honourable Bob Chiarelli, Minister of Infrastructure The Honourable Dwight Duncan, Minister of Finance The Honourable Sandra Pupatello, Minister of Economic Development & Trade The Honourable John Wilkinson, Minister of the Environment The Honourable Kathleen Wynne, Minister of Transportation Warden David Mennill, County of Elgin Joe Preston, MP, Elgin-Middlesex-London Dr. John Carter, Museum Advisor, Ministry of Tourism and Culture Ms. Mary-Jo Sullivan, Program Manager, Ontario Trillium Foundation Correspondence dated March 28, 2011 from Ministry of Tourism and Culture regarding "Project Ojibwa". Page 100 of 381 Lake Iüuron Friæary \Sater SUPPIY SYstem NOTICE OF STUDY COMPLETION CLASS ENVIRONMENTAL ASSESSMENT FORTHE LAKE HURON PRIMARY WATER TRANSMISSION MAIN TWINNING Through the master planning process, the Lake Huron Primary Water Supply System has identified that twinniñg of additionâl segmãnis of the 1200 mm lransmission main is required. This is in order to ensure the efficienilong term operaion of the Lake Huron Primary Water Supply Syslgm. This project is being planned under Scheãule B of the Municipal Class Environmental Assessment. Subject to comments received as a result of this Notice, and the receipt of the necessary approvals, the LHPWSS intends to proceed with the design and construction of this project. The twinning of the transmission pipeline of the Lake Huron Water Supply System !s qart olle-|ELP Clean Water initiative, a regional infrastiucture project funded through the Building Canada Fund (BCF). lt will supply safe, clean drinking water to over 500,000 residents in Southwestern Ontario for generations to .or". t " total eligible cóst of the HELP Clean Water initiative under the BCF is $1 50 million. The !ãvernrents of Cañada and Ontario are each contributing up to $50 million, with remaining costs the iesponsibility of the City of London, the Lake Huron Primary Water Supply System and the Elgin Area Primary Water Supply SYstem. The project File that has been completed for this project is available for review at the following locations: Grand Bend Public Library 15 Gill Street Grand Bend, Ontario Telephone: (51 9) 238-2067 http://www. lam btonon I ine.comil ibraries Please visit the web site or call for branch hours llderton Public Library 40 Heritage Drive llderton, Ontario Telephone: (519) 666-1599 http ://www. m id d lesex. library. on. ca Please visit the web site or call for branch hours Lake Huron Primary Water Supply System Brian Lima, P. Eng Capital Projects Manager 235 North Centre Road Suite 200 London, ON NsX 4E7 Fax: (519) 474.0451 Email: blima@london.ca 5 é-Òò Ailsa Craig Public Library 147 Main Street Ailsa Craig, Ontario Telephone: (51 9) 293-3441 http ://www. middlesex. library.on.ca Please visit the web site or call for branch hours Lake Huron Primary Water SuPPIY 235 North Centre Road, Suite 200 London, Ontario Telephone: (519) 930-3505 http://www.watersupplv. london.ca Stantec Gonsulting Ltd. Michele Oxlade, B.Sc., EMX Environmental Coordinator 800-171 Queens Avenue London, ON N6A 5J7 Fax: (519) 645-6575 Email : michele.oxlade@stantec.com The pro.¡ect file is available on line at: http:/iwww.watersupply.london.calHuronPipelineTwinning.html lnterested persons should provide written comment to the undersigned within 30 calendar days from the date of the first published Ñotice (March 26,2011). lf concerns arise regarding this project,-which cannot be resolved in discussion with the t-HpWSS, a person or party may request that the Minister of the Environment make an order for the project to comply with Part ll of the Environmental Assessment Act (referred to as a part ll Order), which addresses individual environment assessments. Requests must be received by the Minister at the address below by April24,2011 . Minister of the Environment 77 WellesleY Street West, 11th Floor, Ferguson Block Toronto, ON M7A 2T5 A copy of the request must also be sent to one of the undersigned. lf there is no request receÚed by April Zq, i1ll , the transmission main twinning will proceed to design and construction as presented in the planning documentation. Correspondence received from Lake Huron Primary Water Supply System regarding "Notice of Study Completion". Page 101 of 381 Page 102 of 381 _5 tırt] m 10 Adelaide Street East Toronto, Ontario l\/sC 1J3 Telephone: 41 ô-325-5000Fax :416-325-5071 www.heritagetrust.on.caAn agency of the Government of Ontario March 16,2071 Mr. Kyle Kruger, Administrator Municipality of Bayham ¿ l_ 9344Plank Road, PO Box 160 Straffordville, ON NOJ lYO Dear Mr, Kruger: The Ontario Heritage Trust is pleased to invite your council to participate in our 20I I volunteer Recognition Programs, including the Heritage Community Recognition Program, Young Heritage Leaders Program and the Community Leadership Program. With these Recognition Programs, municipal councils, regional councils, First Nation Band councils and Métis Community Councils can recognize community efforts to preserve Ontario's heritage. As Chairman of the Trust, I appreciate the efforts of individuals, groups and communities who help preserve Ontario's unique and irreplaceable heritage treasures. I encourage you to work with your local Municipal Heritage Committee, Conservation Authority, historical societies, museums, land trusts and other local groups to identifr individuals, groups and youth that are deserving of recognition. Staff and volunteers in your community may help you to identify citizens who are making or who have made exceptional contributions to heritage conservation. To provide you with fuither details, enclosed are brochures for our 2011 Recognition Programs. The new annual nomination deadline for all programs is June 30. Also, you will find more information and nomination forms on the Trust's website at www.heritagetrust.on.ca. If you have any questions, please do not hesitate to contact Amber Bondy, Community Programs Ofhcer at 4 I 6 -3 1 4 -49 07 or amber. bondy@heritagetrust. on. ca, I encourage your council to participate in these programs and celebrate the work being done to preserve and promote heritage in your community, Yours sincerely, Thomas H.B. Symons, CC, OOnt, FRSC, LL.D Chairman Correspondence dated March 16, 2011 from Ontario Heritage Trust regarding "2011 Volunteer Recognition Programs". Page 103 of 381 Page 104 of 381 (-omrn -s l'1 o6 Budget 2011: Museum Programs Remain Intact OTTAWA, March22,20ll - Spending on federal programs in support of the Canadian museum sectorwill remain unchanged in the 2011 federal budget, as was announced this aftemoon by Finance Minister Jim Flaherty. lffe are pleased that these programs were fully maintained at a time when fighting the deficit is the priority, and some programs have suffered real cuts,'observed John McAvity, CMA Executive Director. This was not going to be a budget with significant new spending.' "Still,' McAvity continued, 'the CMA is disappointed tfrat the govemment did not move on our recommendations to develop a matching donations program to encourage increased private sector investment in Canadian museums, and a much-needed increase to the Young Ganada Works program, which provides valuable career-building opportunities for Canada's youth.' However, the budget does include some provisions of interest to the museum sector: The govemment intends to study various lncentives to increase charitable donations. ln the context of CMA recommendations, we welcome this opportunity. The budget also introduces a new $500 Ghildren's Arts Tax Gredit. This will allow taxpayers to deduct the registration costs of activities at many museums/galleries in which their children under age l6 participate. lmplications for Ganada's Museum Sector The budget leaves the $6.7 million Museums Assistance Program intact. Also left untouched are the budgets of key Department of Canadian Heritage programs in support of the cultural sector in general, including the Ganada Gultural lnvestment Fund. However, it has been confirmed that two temporary initiatives are being terminated: The additional $60 million over 2 years that bolstered the Canada Gultural Spaces Fund, for which museums were eligible (part of the stimulus package), and the 2-year, $9 million 'temporary measure* allocated to the National Museums at the end of 2008. A program of note is the Canada Media Fund, part of the govemment's Digital Economy Strategy, which has been renewed at $100 million per year to create and produce Canadian digital content across multiple platforms. The program should create opportunities for museums in Canada. Correspondence received regarding "Budget 2011: Museum Programs Remain Intact". Page 105 of 381 The govemment is determined to retum to a balanced budget by 2015-16, if not sooner. ln light of this, the govemment will undertake a Strategic and Operating Review in2011-12. This is a significant exercise to be completed in a short time with potentially far-reaching implications. The review will examine approximately $80 billion of direct program spending with the objective of achieving at least $4 billion in ongoing annual savings by 2014-15. The review will place particular emphasis on generating savings from administrative reductions and improving productivity, while also examining the relevance and effectiveness of programs. The Canadian Museums Association is the national organization for the advancement of the Canadian museum sector. Canada's 2,500 museums and related institutions preserve our collective memory, shape our identity and promote tolerance and understanding. Each year, more than 59 million visitors attend Canadian museums and a further 60 million visit Canada's historic sites and national parks. These institutions employ over 24,000 staff and are supported by more than 55,000 volunteers and 300,000 friends. They host 7.5 million visits from school children annually. -30- For more information: Audrey Vermette 613-567-0099 ext.225 avermette(ô m useums.ca Melanie Rutledge Director, Govemment Relations Canadian Museums Association 613-567-0099 ext. 263 mrutledge@museums.ca Director, Correspondence received regarding "Budget 2011: Museum Programs Remain Intact". Page 106 of 381 5 Pls Breaking News: 20tt Emerging Fire Services lssues March 21, Two items of lnterest to Municipal Councils: 1. All party support was received for a private member's motion regarding firefighter mandatory retirement legislation in the Ontario Legislature on March 10, 2011. Mike Brown, Liberal MPP for Algoma Manitoulin, proposed the following motion: That, in the opinion of this House, the Legislative Assembly of Ontario, in recognition of the role Ontario's firefighters plan every day in keeplng our communities safe, and in recognition of the evidence of health and safety risks to firefighters over the age of 60, and in keeping with the recent Human Rights Tribunal decisions, call on the Government to introduce legislation allowing for the mandatory retirement of firefighters who are involved in fire suppression activities in the province of Ontario. All parties supported the motion during the debate in the House and it passed unanimously (36 to 0). There was no pre-consultation or discussion by any of the three provincial parties with AMO prior to this motion passing. However today we have been advised that the government will be consulting with appropr¡ate stakeholders, including AMO, on this matter so we are not anticipating legislation in the immediate future. ln AMO's view, there are a number of municipal implications that require informed discussion prior to any legislation being drafted, if in fact it is needed in the end. Subject areas that we need to know more about include: o Whether it would apply to just full-time firefighters or also to volunteer firefighters and if so, the impact on those services? o What is the meaning of 'fire suppression' activities-does it include fire engineers, suppression training, or communications activities? o Would it apply to fìre management offìcers? o How would this affect pension rights and pension programs? ls this a precursor for pressure to obtain the best three years of pensionable service? o What would this mean for existing contracts or contract negotiation underway where retirement age is currently included within a municipal collective agreements? AMO and its members have consistently stated support for the need of our municipal fire departments to be appropriately staffed, trained, equipped and ready to provide the high level of service our communities expect and deserve. To that end, a good understanding of any proposed legislation mandating firefighters' retirement is AMO Breaking News dated March 21, 2011 regarding "Emerging Fire Services Issues". Page 107 of 381 necessary pr¡or to any government leg¡slative action on this general motion. The Province is wise to do a thorough policy analysis and pre-consultation. 2. Recently municipal councillors may have received a letter from the fire sector that suggests a broadening of fire dispatch and to mandate the use of fire services in all life and limb threatening medical emergencies. While principally, it would be difficult not to agree with the statements in the letter, operationally there is more to consider than the correspondence provides and has some implications that need to be considered, such as governance and performance since fire is predominantly at the lower tier and EMS predominantly at the upper tier and through DSSABs in the north. There are cost implications and needs to be considered in the broader context of local resource allocations. Municipalities endeavour to maximise the quality and efficiency of emergency response services. Communities are varied and a one size fits all approach is not one that may be conducive to the diversity across Ontario. Broadening the dispatch of firefighters to all life and limb threatening emergencies across Ontario needs to be considered carefully. Any decisions regarding emergency response must be based on facts with clear evidence of the benefit. We would encourage your Council to defer a resolution of support in the absence of any analysis. AMO Contact: Monika Turner, Director of Policy, at email: mturner(ôamo.on.ca or 4L6- 971-9856 ext. 318 PLEASE NOTE AMO Breaking News will be broadcast to the member municipality's council, administrator and clerk. Recipients of the AMO broadcasts are free to redistribute the AMO broadcasts to other municipal staff as required. We have decided to not add other staff to these broadcast lists in order to ensure accuracy and efficiency in the management of our various broadcast lists. DISCLAIMER These are final versions of AMO documents. AMO assumes no responsibility for any discrepancies that may have been transmitted with the electronic version. The printed versions of the documents stand as the official record. AMO Breaking News dated March 21, 2011 regarding "Emerging Fire Services Issues". Page 108 of 381 o.P.P.FE sw 5 Ptl Ontario Provincial Police Police provinciale de I'Ontario News Release/ Gommuniqué FROM/DE: Elgin Gounty OPP DATE: 3l Mar 11 PROPERTY RECOVERED FROM THEFT IN RODNEY (ELGIN COUNTY, ON) - Elgin County Ontario Provincial Police (OPP) is currently investigating the theft of a black men's leather jacket, size XL and a pair of size 10 Artic Cat snowmobile boots. Police have recovered these items; however the victim may or may not be aware of the theft and have not yet reported it to police. The items were taken from a garage at an unknown address in Rodney, ON. Police believe the suspect entered the unidentified garage and left behind a white spring type jacket and a pair of white high top running shoes with straps. The incident occurred on the 30th of March, 2011 between 9am and 11am. The OPP is asking anyone with information about this incident or may have had these items stolen or may have located the white jacket or high top runners to contact Detective Constable CHANDELIER of the Elgin County OPP at 1-888-310-1122 orto call Crime Stoppers at 1-800-222-TIPS (8477). -30- Contact: PC Troy Carlson Phone: l-888-808-7195 www.opp.Ga Ontario Provincial Police News Release regarding "Property Recovered From Theft In Rodney". Page 109 of 381 Page 110 of 381 CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council FROM : Planning Coordinator/Deputy Clerk SUBJECT: Jurenas Consent E29/ll DATE: Apnl4,2}ll FILE: D10.11 Jurenas NUMBER: D2011-11 Purpose To consider consent application for creation of a new lot with a surplus farm dwelling. Background A consent application was received from the Elgin County Land Division Committee submitted by Peter and Penny Jurenas to sever a 6385.56 m2 (1.6 acre) parcel and retain a61.2-hectare (151 acre) parcel. The subject land is located on the east side of Sand¡own Road, north of Maple Grove Line, Concession 8 Part Lots 15, 16,17. The subject land is designated "Agriculture" in the Official Plan and zoned Agricultural (41-A) in the Zoning By-law No.2456-2003. The purpose of the consent is to sever a farm dwelling as deemed surplus by the current owners. Consolidation of the farmlands took place by the previous owner in 1964. Elgin County Land Division Committee will consider the application on April 28, 201I. Staff & Planner Comments Official Plan policies outline the requirements for a farm consolidation and surplus farm dwelling consent. The applicants have provided verification showing the farms were consolidated in 1964. The proposed surplus house has existed since the 1930's and the retained house was built sometime around 1900. Policies do not include any time frames for consolidation. The proposal must meet twelve additional criteria before the municipality would support the application. The planner's memorandum dated April 1, 2011 addresses the criteria necessary to consider in a surplus farm dwelling proposal. The application states the proposed severed parcel contains a greenhouse frame and small barn. Council at their discretion may request the removal of the accessory buildings should there be a concern with the potential of future land use conflict or property aesthetics. The application also shows the surplus dwelling as having a well and septic bed included in the severed area, as is the requirement. As per the Official Plan policies, conditions of consent will include rezoning of both the severed and retained parcels. The severed parcel will be rezoned to Rural Residential (RR) and will include provisions to prohibit the keeping of livestock and the retained lands to Special Agriculture (42) to restrict future residential development on the agricultural lands. Other conditions of consent would include providing a copy of the final survey and the cash-in- lieu parkland dedication fee for the created lot. Staff Report D2011-11 regarding "Jurenas Consent E29/11". File: D10.11 Jurenas Page 111 of 381 Staff Report D20ll-11 Jurenas Page2 Attachments 1. Consent Application E29llI 2. IBI Group Memorandum dated April 1, 2011 3. aerial GIS map Strategic Plan Goal(s) Goal # 6 Provide and encourage attractive lifestyle choices. RECOMMENDATION "THAT StaffReport D2011-11 regarding the Jurenas consent be received; AND THAT Council recommend to the Elgin County Land Division Committee that consent application F,2glll, submitted by Peter and Penny Jurenas, be granted subject to conditions: copy of the final survey be provided to the municipality $500 cash-in-lieu of parkland dedication fee rezoning ofthe severed and retained parcels 1. 2. 3. Respectfully submitted, ing Coordinator/Deputy Clerk yle Staff Report D2011-11 regarding "Jurenas Consent E29/11". File: D10.11 Jurenas Page 112 of 381 illar,14, 20ll l:2lPNl ' &HÊTçr#Êtgñl No,0/88 P.3 'LrcAtoN FoR coNsEnr,.',. jffi "' Ê S / I li T ELGIN COUNTY I.AND DIVISION COMMITTEE Piius lPeter) and Barbara lPennv) Jurenâs AddÌess 10122 Sandvtown Road, RR#1 Eden. ôN NOJ 1H0 TelephoneNumber 519-866-3240 Name of owne/s solicitor or authorized agent Address Telephone Number Please specÌfy to whom all communications should be sent: Owners ( x )Solicitor ( )Agent ( ) 3, (a) Type and purpose of proposed lransaction: (check appropriate space) TranEfer X _ creation of a new lot Other: charge addition to a lot easement leaee oorrection of title other purpose (b) Naníe of person(s), if known, to whom land or interest in lând is to be transferred, Ieased or charged (c) lf a lot addition, identify the lands to which the parcet wiil be added: 4. (a) Location of land: Municipality_Bêy@ Conoession No. E Lot(s) No. Lots 15, 16. 17 and 10262 Registered plans, Name of Street Ssndytown Road Skeet No, 10122 (b) Are there any eesements or restrictive covenants affecting the subject land? Yes ( ) No ( ) lf yes, describe the easêment or covenant and its effect: Description of land intended to be severed: (Accurate Measurements in Metric) Frontage A3.Em / Depth 76.2 m Area 63g5.56m2 r' 6. /,4 h* Existing Use Residential ,proposed Usê _ Residentiel Number and use of buildings and structures (both existing and proposed) on the land to besevered; Dwellinq, small bam and g,reenhouse frame Deecription of land intended to be retained: (Accurate Measurements in Metric) Sandytown Rd.1264,8m, Frontage Maole Grove 128.1m Depth SSOm/,t4g4.6m Area 6l.2ha Existing Use Agriculturel proposed UEeloricultural Number and use of buildings and structure.s on the land to be retained: Hot¡se, barn, greenhouse rw¡Éds I /oUçE l, I i cou¡ty oÍ Eg¡r Efulinæln4 5¿ry¡cg 4S0 suñi* oriye St,llom6, 0n N5F EVi Phone: S19.631.1¿ßO \k.ôlÉjn{unS,.o¡.Cå Staff Report D2011-11 regarding "Jurenas Consent E29/11". File: D10.11 Jurenas Page 113 of 381 Mar,l4,2t)ll l:2llM No. (]/öU t, + 7. 8. PROPOSED LOT () ( x) () () () () RETAINED LOT () (x) () () () () lf proposed âccess is by water, what boât docking and parking facilities are available on the mainland? (specify) 9. What type of water supply is proposed: (check appropriate space) TYPE Publicly owned and operated piped water system Privately owned and operated individual well Privatoly owned and operated oommunalwell Lake or other water body Other means (speciû) PROPOSED LOT () (x ) () () RETAINED LOT () (x ) () () RET.AÍNED LOT () ( x) () () 10.What type of sewage disposal is proposed: (check appropriate space) ryPE PROPOSED LOT Publicly owned and operated sanitary sowage system Privately owned and operated individual septic tank Privately owned and operated communalseptic system Priw Other means (specify) () (x ) () () 1 1. when will water supply and sewage disposal services be available? Number of new lots proposed (not including retained lots) 1 _ Type of access for proposed and retained lot (check appropriate space) TYPE Provincial Highway Municipal road, maintained all year Municipal road, seasonally maintained Other public road Right Of Way Water access 12. what is the Existing official plan designation(s), if any, of the subject tand? 13. What is the Zoning, if any, of the subject land? 14.f a: lfq subject land ever been the subject of an application for approval of a plan ofSubdivision oraconsentunderthe plannÍngAct?' yes ( ) " No (x ) unknown ( ) lf Yes, and known, provide the applicatÍon file number and the decision made on the application lf this application is a re-submission of a previous consent application, describe how it has .been changed ftom the original appli ntion 16. (a) Has the owner previously severed any land from this holding? Yes()No (x ) Staff Report D2011-11 regarding "Jurenas Consent E29/11". File: D10.11 Jurenas Page 114 of 381 tular, 14.2{Jll l:2lPM No,0/88 P, b -3- (b) lf the answer to (a) is Yes, please indicate previous severances on the requ¡red sketch and supply the following information for each lot severed: Grantee's Relationship (if any) to owner. Use of Date parcel created. 17. ls the owner, solicitor, or agent applying for additional consents on this hotding simultaneously with this applicatlon, or considering applying for additional consents in the futùre? Yes()No (x) 18. ls the subject land c.urrently the subject of a proposed official plan or official plan amendment that has been submitted io the Minister for approval? Yes ()No (x ) lf Yes, and known, specify the Ministry file number and status of the application 19' ls the subject land currently the subject of an application for a zoning by-law amendment, Ministe/s zoning order amendment, minor vâriance, or approval or ã plän of subdivisionã Yes ()No (x) lf Yes, and known, speciff the appropriate fite number and status of the application 20. ls the application consistent with policy statements íssued under subsection 3(1) of the planning Act? Yes (x )No() 21. ls the subject land within an ârea designated under any provincial plen or pfans? Yes()No (x ) lf yes' does the application conform to or conflict with tho applicable provincial plan or ptans 22. SKETCH: The application shall be accompanied by a sketch showing the following:- the boundaries and dimensions of the subjec,t land, the part that is to be severed and thepart that is to be retained; - the boundaries and dimensions of any land owned by the owner of the subjecl land andthat abuts the subject land; - the distance between the subject land and the nearast township lot line or landmark, suchas a railway crossing or bridge; - the location of all land previously severed from the parcel originally acquired by the currentowner of the subject land; of all natural and artificial features on the subject land and opinion of the applicant may affect the application, such as , wâtercourses, drainage ditches, river or stream banks, well and septic tanks; - the existing use(s) on adjacent lands; - the location, width and name of any roads within or abutting the subject land, indicatingwhether Ít is an unopened road allówance, a public travelleã road, a private road or a rightofway; ' if aæess to the subject land is by water only, the location of the parking and boat dockingfacilities to be used; - the location and nature of any easement affecling the subject land. Staff Report D2011-11 regarding "Jurenas Consent E29/11". File: D10.11 Jurenas Page 115 of 381 lÂ/Ve Mar, 14, 201 I l:22PM l\o, 0/88 P, ó 23. The Owner/ApplicanUAgent hereby authorizes Land Division Committee members and the Corporation of the Coun$ of Elgin staff to enter onto the subject property for the purpose of Site inspections w¡th respecl to this applícaiìon, 24. The ApplicanUowner/Agent hereby consents to disclosure of the information contained in this Application pursuant to Section 32(b) of B¡1149, Chapter 63, S.O, 1989, being an Act to provide for Freedom of lnformation and Protection of lndividual Privacy in Municipalities and Local Boards. Dated at the Municioalitv rnis /O& day of , ' -Á ,o // AFFIDAVIT OR SWORN DECLARATION in the County solemnly declare that allthe informetion contained in this application is true, and lM/e make this solemn deolaration conscientiously believing it to be true, an'd knowing that it is of the sáme torce andeffect as ìf made under oath and by vi*ue of the CANADA EV|DENOÉ AcT. DECLARED before me at the nis /¡tu day ot /Ha¿o,{4r'/at/cr<t 20 // lf this application is solicitor on authorizafion must tion. tf the agontot solicitor, the app by an offic mustbe affixed. Itìs required that one copy of this application befiled, together with one copy of the sketch described,with the responsible porson, accomþanied by a fee of - - n<A'dO @+00 in cash or by cheque made payabte to TREASURER, couNTy oF ELGIN An additional fee of $200.00 will be charged for affixing the consent stamp, Staff Report D2011-11 regarding "Jurenas Consent E29/11". File: D10.11 Jurenas Page 116 of 381 Mar,14, 20ll l;22P[4 lf the answer is "YES' are these bems:i) Now used for livestock?iD Capable of being used for tivestocl0 No,0/BB P, 7 APPEND¡X "A" The County of Elgin Land DMsion Committee requires thst, in addition to the "Application for Consent', the following information be oompleted for all applications: 1 . lre there any bams located within 300 metres of the subject of this applioation?Yes (x) No ( ) Yes()Yes()No (x ) No ( x) NÖTE: lf you answered 'YES" to #1. PLEASE coMpLETE THE DATA SHEET BELow TO EE COMPLETED BYAPPLTCANT NAT\4E TELEPHONE coNC.TOWNSHIP ln order to caloulate the minimum distance separation, the following information is required for each livestock faoility within 300 metres of the proposed severance and located oñ a separate lot: LOT TILI-ABLE HECTARES livestock facìliÇ located) ïype of Livestook 0 400-750 tb.0 400-1100 tb. SWNE0 Sows0 Boars0 Weanlings POULTRY0 Lay¡ng Hens0 Breeder Flock0 Pullets0 Chicken Broilers0 Turkey Broilers0 Turkey Hens Maximum Housing Capacity Number per Year Tie lFree lLoose Stâil I stail open Lot I totel & Bam I Confine- OTHER MANURE STORAGE; DRY SEMI.SOLID LIQUID Covered Pile Storage with Buck Watts Open Earth Sided Pit Ab ove G ro u nd U nıve rect ta-n L Below Ground Uncovered Tank Staff Report D2011-11 regarding "Jurenas Consent E29/11". File: D10.11 Jurenas Page 117 of 381 Mar,14.2011 1:22PM No, 0788 P8 n# /1 Staff Report D2011-11 regarding "Jurenas Consent E29/11". File: D10.11 Jurenas Page 118 of 381 March 23,2011 Margaret Underhill ' i Planning Goordlnator/Deputy Clerk Municipality of Bayham : l Re: application E29/11 Dear Ms. Underhill, Enclosed are further details and history of the Jurenas farm on Sandytown Road, Eden, ON as requested. From our research we have found that the current piece of property was amalgamated as one farm in 1964. Before then, the land had always existed as several smaller parcels owned by various people throughout the years (photocopies of historical info already provided). The land consists of 65 acres on the east side (lot 16 and part of 17), and 69 acres on the west side of Sandytown Rd. There are currently two houses on the farm(s). The house at 10262 Sandytown Rd. (surplus house) was built sometime in the 1930's and is currently occupied by our son Kristopher Jurenas. lt is our hope that with this land severance, he will be able to upgrade the home and start his family on the farm and be the third generation to do so. Our home at 10122 Sandytown Rd. was built sometime around 1900. The surrounding land has in the past, been used to farm tobacco for many decades. lt has also been used to grow soybeans, rye, wheat, corn, hay and most recently, peppers. Our intention is to continue to farm this land for years to come. We are more than happy to provide you with any further details of the property and the history of the land as needed. lf you should have any questions, please feelfree to call us (519-866-3240) or email us at melissapoulin@hotmail.com and we will be glad to respond. Sincerely, Peter and Barbara Jurenas, Kristopher Jurenas and Melissa Poulin /,// KÁK òv".ø-¿ø Staff Report D2011-11 regarding "Jurenas Consent E29/11". File: D10.11 Jurenas Page 119 of 381 lBl Group 203-3ı0 Oxford SlßotWesl LondonON N6HiT3 Canada tol 5'|-91727028 fax 519 472 035¡l Memorandum To/Attention From SubJect Munioipality of Bayham Council Tamara Tannls, MCP, MCIP/RPP Date April l, 2011 Profect No 3404 1. Jurenas Consent 829111: surplus dwelling to farm The purpose of the appllcation is to sever a an exlsting, surplus dwelllng from an agricultural lot that is surplus to the consolidated farm operatlon located at Lots 15, 16, '17 Concession I and 10262 Sandytown Road, Munlclpality of Bayham. The proposal is to sever a ô385.56 m2 parcel of land on E Pt Lot 16 from the existing 61.2 ha agricultural parcel. The subject lands are located on the east side of Sandytown Road and north of Maple Grove Llne. The subject lands are deslgnated .Agrioulture" in the Official Plan, and zoned Agrioultural (41) in Zoning ByJaw No. 2456-2003, The subject farm parcel is characterlzed as a relatively flat parcel of land with a woodlot in the northeast corner of the property. The lands are bordered by agrloultural land uses with a natural heritage feature (creek) found on Lot 17 to the east of the proposed severed parcel. The proposed severed lot contains an exlsting dwelling, barn and greenhouso, whlle the proposed retained lot contalns one dwelling unlt, a barn and greenhouse. Surrounding land uses are entlrely agricultural and wooded opên space. Section 4.2.1.12 outlines the pollcles for the severance of surplus farm dwellings. ln order to sever surplus farm dwellings, two or more farm parcels must undergo consolídation. Farm consolidation is the acqulsition of addltlonal farm parcels to operate as one farm operatlon. The applicants have submitted verification that the subject lands, includlng tho dwelllng units, were consolldated thus showing proof of consolidation. ln addition, the Offlcial Plan outllnes twelve (12) additlonal criterla which must be fulfilled prior to the Municipality supporting this consent application. Our analysis of these criterla ls as follows: 5. ln the opinion of Munlclpal Councll, a land use conflíct shall not be created wìth agricultural operatlons or olher existlng land usos ln the lmmedlata area of the sublect lands. Recent aerial photography suggests that there are no other farm buildings within approximatefy 400 metros of the proposed severed lot, and lt ls lherefore consldered unlikely that the proposed sêverance would have any negative impacts on agrlouftural activities. lBl Gtoup ls a group ot fims provldfng pfofosslonal lervlc€B ând 16 aff¡llated wÍth lBl Group Arch¡lêôts Staff Report D2011-11 regarding "Jurenas Consent E29/11". File: D10.11 Jurenas Page 120 of 381 lBl Grrup Memorandum Munlcjpalltyof Eayham Gounc¡l-Aprll 1,20f I 6. Only one surplus farm dwelling may ba severed pursuant to each corporate farm consol¡dation There do not appear to have been any other dwelllngs severed from the sublect lands for any purpose. 7. A mlnimum of one exísling larm dwelling wilhin the Agrtcufture' doslgnatlon In the Municlpality of Bayham must ba rotainod by the proponent corporate larm operation, or a reglstered owner of the proponont corporata farm operallon. The appllcants own the farm dwelllngs on the retalned and sovered parcels, 8. No more than one severance of a surplus dwellìng shall be allowdd from a farm parcel rogardless of changes in boundary or ownership. There ar€ no other lands that havo been severed from the 62 hectare farm parcel for resldential purposes. 9. The sevared lot wlth lhe surplus farm dwellìng shall: 10. be no larger than ls nocessary to support a private sanitary sowagê treatmont and dlsposal sysfem as determlned by lhe approprlate approval authorily, and be serulced by a potable water supply. The proposed severed lot has an area of 6,385.56 m2 (76.2 m deep x 83.3 m wide) provldlng sufficient lands for their existing sewage treâtment. Existlng potablo water supply is avallable. 11. meet the provlslons of the MDS L There are no livestock bulldlngs within 400 metres of the subject lands. 12. be rezoned in a Rural Residentlal (RR) Zone in tha Zonlng By-law of lhe Munlcipalily of Bayham. The subject lands as shown would comply wilh all of the regulatlons of the RR Zone; 13, The severed lotwlth the surp/us farm dwolling may: 14. inalude accessory bulldings and structures Íf ln the oplnion of Municipal Council a Iand use confllct will not be creatød, where the propeñy has been rezoned to prohiblt the keeplng of lîvestock. The proposed lot lncludes a small barn that ls not used for the houslng of livestock, 15. All parcals of propefty conslítuling lhe retalned agrlcultural lands såa//: 16. compriso a total mínimum area of 20.0 hectaros (50 acres) Ín lhe sams name and title. The proposed retained farm parcels as shown will be 61.2 hectares (151 acres). Staff Report D2011-11 regarding "Jurenas Consent E29/11". File: D10.11 Jurenas Page 121 of 381 lBl Group Momortndum Munldpslity of Bayham Councll - April l. 2011 17. meet the provisions of lhe Agricultunl (41) Zone regulatlons of tho Zonlng By-law of the Munlcipality of Bayham. The retained parcel meets the regulatory requlrements of the A1 zone. 18. åe rezoned to prohíblt the placement, development, or establíshment of any addítional type or form of residontial dwelling units thereon, regardless of changes ln proper$ boundary or ownership. The proposed retalned lands contaln an exlstlng dwelling unit. The Speolal Agricultural (A2) zone does not permlt dwelling units unlees they existed prior to tho passlng of the current Zonlng By-law. 19. Based on the preceding ínformation, we support the consent with the proviso that the owners of the retalned paroel provide proof that the retaíned dwelling unlt exlsted on tho date of the passing of Zoning By{aw 2456-2003 (1.e. March 2004). Rezonlng is requlred for both parcels in accordance with the Agriculture policles of the Official PIan. The retained parcel will be rezoned from Agrlcultural (41) to Rural Resldentlal (RR) and the retalned parcel should be zoned Special Agricultural (42). 'BIGROUPTamara Tannls, MCP, t',tctplRpp Consultlng Planner to Munlclpality of Bayham Staff Report D2011-11 regarding "Jurenas Consent E29/11". File: D10.11 Jurenas Page 122 of 381 Jurenas Gonsent 829111 Notes Concession I Part Lots 15 16.17 10122 Sandytown Road and 10262 Road ¡i Legend Local Arterial Highways f.lol :i';,*n -"' 5cr'lz - rlr{t curyra{r¿¡^ pu.r irt \e S .t n ['i 'l: 13,593 o7 '' r @ Latitude Geographics Group Ltd This map is a user generated stat¡c output from an lnternet mapping site and is for reference only Data layers that appear on thrs map may or may not be accurale, current, or otheMise rel¡able THIS IV]AP IS NOT TO BE USED FOR NAVIGATION 0 0.35 0 7 Kilometers S t a f f R e p o r t D 2 0 1 1 - 1 1 r e g a r d i n g " J u r e n a s C o n s e n t E 2 9 / 1 1 " . F i l e : D 1 0 . 1 1 J u r e n a s P a g e 1 2 3 o f 3 8 1 Page 124 of 381 CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council FROM: Planning Coordinator/Deputy Clerk SUBJECT: Best Line FarmsA/anleeuwen Consent El3lll DATE: April4,2011 FILE: D10.11 Best Line NUMBERz D20Il-12 Purpose To consider consent application for creation of a new lot with a surplus farm dwelling. Background A consent application was received from the Elgin County Land Division Committee submitted by Best Line Farms Limited and Antonia Vanleeuwen to sever a 3066 n] (0.75 acre) parcel and retain a 39-hectare (96.4 acre) parcel. The subject land is located on the north side of Eden Line, west of Somers Road, Concession 10 Part Lot 9. The subject land is designated "Agriculture" and "Hazard Lands" in the Official Plan and zoned Agricultural (41) in the ZoningBy-lawNo. 2456-2003. The purpose of the consent is to sever a farm dwelling as deemed surplus by the current owners. Elgin County Land Division Committee will consider the application on April 28, 2011. Staff & Planner Comments Official Plan policies outline the requirements for a farm consolidation and surplus farm dwelling consent. The applicants have provided verification showing this farm was consolidated under the same ownership with lands to the west and south in 2010. The owners reside on the farm to the south. The proposed surplus house has existed since the 1974 and the retained house was built in 1994. The proposal must meet twelve additional criteria before the municipality would support the application. The planner's memorandum dated March 30,2011 addresses the criteria necessary to consider in a surplus farm dwelling proposal. The application states the proposed severed parcel contains only a dwelling. The application also shows the surplus dwelling as having a well and septic bed included in the severed area, as is the requirement. As per the Offrcial Plan policies, conditions of consent will include rezoning of both the severed and retained parcels. The retained lands will be rezoned to Special Agriculture (42) to restrict future residential development on the agricultural lands. The severed parcel will require rezoning to a site-specific Rural Residential (RR-#) to include provisions to recognize the reduced lot frontage of 42 metres, where 50 metres is required, and reduced lot area of 3066 Íf ,where 4000 m2 is required. The property contains a front driveway and suitable parking area within the confines of the proposed lot lines and staff/planner feel that the reduced frontage and lot area will not adversely affect the property. Staff Report D2011-12 regarding "Best Line Farms / VanLeeuwen Consent E13/11". Page 125 of 381 Staff Report D20II-12 Best Line Farms/Vanleeuwen Page2 Other conditions of consent would include providing a copy of the final survey and the cash-in- lieu parkland dedication fee for the created lot. Attachments 1. Consent Application El3lIl Best Line Farms/Vanleeuwen 2. IBI Group Memorandum dated March 30,2011 3. aenal GIS map Strategic Plan Goal(s) Goal # 6 Provide and encourage attractive lifestyle choices. RECOMMENDATION "THAT Staff Report D2011-12 regarding the Best Line Farms/Vanleeuwen consent be received; AND THAT Council recommend to the Elgin County Land Division Committee that consent application F-l3lll, submitted by Best Line Farms Limited/Antonia Vanleeuwen, be granted subject to conditions: 1. copy of the final survey be provided to the municipality 2. $500 cash-in-lieu of parkland dedication fee 3. rezoning ofthe severed and retained parcels Respectfully submitted,Reviewed by, Staff Report D2011-12 regarding "Best Line Farms / VanLeeuwen Consent E13/11". Page 126 of 381 j-\sc [ \ brch 25, .lu\\ APPLIGATION FOR CONSENT å # /Ã ß, /, authority 54681 Best Line. RR #4. Avlmer. ON lrlSH 2R3 Telephone Number Name of ownefs solicitor or authorized agþnt David Roe Address Telephone Number 519-582-1174 Please speciñ7 to whom all communications should be sent: Owners ( )Solicitor ( )Agent. (x ) signstoowner3. (a) Type and purpose of proposed transaction: (check appropriate space)Ïransfen creation of a new lot Other: charge addition to â lot lease correction of titleeasement other purpose (b)Name of person(s), íf known, to whom land or iinterest in land is to be transferred, leased orcharged lf a lot addition, identify the lands to which thê parcel will be.added:(c) 4. (a) FEB o 3 2011 L Name of Location of land: Municipalíty Bavham Lot(s) No. Lot g, Registered plans Name of Street Best Line Street No. 54728 Are there any easements or restrictive eovenants affecting the subject rand? Yes ( ) No ( ) rf yes, describe the easement or covenant and its effect: Goncession No. 10 (b) *r Des Frontage 4Zm Depth____23_¡n__ Area 3066m2 Existing use Residential proposed Use @Number and use of buirdings and structure-s (both existing and proposed) on the rand to besevered: Frontage 360 m Depth 1005 m Area 39 ha Existing Use Agriculturai proposed U"" Number and use of buildings and structures on the land to be retained; House, shed and implement shed dorúfJi úf tlgjìr EilÉlneerl¡E Scrvlê6 .150 êqFÞÉt Drrc sL inaws.,oû NSfi SV;! Pho¡e: 519 e?r.14€iC lrìf È.oj-Èllrrtouñi!,.0!1.* Descriplion of land intended to be retained: (Accurate Measurements in Metric) Staff Report D2011-12 regarding "Best Line Farms / VanLeeuwen Consent E13/11". Page 127 of 381 7. L -2- Number of new lots proposed (not including retained lots) 1 Type of access for proposed and retained rot: (check appropriate space) TYPE Provincial Highway Municipal road, maintained all year Municipal road, seasonally maintained Other public road Right Of Way Water access PROPOSED LOT () ( x) () () () () RETAINED LOT () (x) () () () () lf proposed access_is by water, what boat docking and parking facilities are available on themainland? (specify) 9. What type of water supply is proposed: (check appropriate space) TYPE Publicly owned and operated piped water system Privately owned and operated individualwell Privately owned and operated communal well Lake or other water body Other means (specify) PROPOSED LOT () (x ) () () RETAINED LOT () (x ) () () RETAINED LOT () ( x) () () 10 What type of sewage disposal is proposed: (check appropriate space) TYPE PRoPoSED LoT Publicly owned and operated sanitary sewage system Privately owned and operated individual septic tank Privately owned and operated communal septic system Privy Other means (specify) 11' when will water suppry and sewage disposar services be avairabre? () (x ) () () 12. 13. What is the Zoning, if any, of the subject land? 14 Has the subject land ever been the subject of an application for approval of a plan of SubdivisionoraconsentundertheplanningAct? yes( i No(x'j unknown( ) lf Yes, and known, provide the application file number and the decision made on the application 15. lf this application is a re-submission of a previous consent application, describe how it has beenchanged from the original application 16. (a) Has the owner previously severed any land from this holding? Yes()No (x ) Staff Report D2011-12 regarding "Best Line Farms / VanLeeuwen Consent E13/11". Page 128 of 381 -3- (b) lf the. answer to (a) is Yes, please indicate prevrous severances on the required sketch andsupply the following information for each lot severed: Grantee's name_ Relationship (if any) to owner Use of parcel_ Date parcel created_ 17 ' ls the owner, solicitor, or agent applying for additional consents on this holding simultaneouslywith this application, or considering äpùying for additional cónseìts in the future?yes ( ) No (x) 18' ls the subject land c.urrently the subject of a proposed official plan or official plan amendmentthat has been submitted to the Minister for approval? Yes ( ) No (x ) lf Yes, and known, specify the Ministry file number and status of the apprication 19' ls the subject land currently the subject of an application for a zoning by-law amendment,Minister's zoning order amendment, minor var¡änce, or "pprouãt of ã ptan of subdivision?yes ( ) No (x) lf Yes, and known, specify the appropriate file number and status of the application 20 ' ls the application consistent with policy statements issued under subsection 3(1 ) of the planning Act? Yes (x) No () 21. ls the subject land within an area designated under any provincial plan or plans?yes ( ) No (x ) lf yes, does the application conform to or conflict with the applicable provincial plan or plans 22. SKETCH: The application shail be accompanied by a sketch showing the foilowing: - the boundaries and dimensions of the subject land, the part that is to be severed and thepart that is to be retained; - the boundaries and dimensions of any land owned by the owner of the subject land andthat abuts the subject land; - the distance between the subject land and the nearest township lot line or landmark, suchas a railway crossing or bridge; - the location of all land previously severed from the parcel originally acquired by the currentowner of the subject land; - the approximate location of all natural and artificial features on the subject land andadjacent lands that in the opinion of the applicant may affect the applicãtion, such asbuildings, railways, roads, watercourses, drainage ditbhes, river oi ötream banks,wetlands, wooded areas, well and septic tanks; - the existing use(s) on adjacent lands; - the location, width and name of any roads within or abutting the subject land, indicatingwhether it is an unopened road allowance, a public travelleã road, a private ioad or a rìghtof way; - ¡f access to the subject land is by water only, the location of the parking and boat dockingfacilities to be used; - the location and nature of any easement affecting the subject land. Staff Report D2011-12 regarding "Best Line Farms / VanLeeuwen Consent E13/11". Page 129 of 381 23' The owner/ApplicanflAgentlrereby authorizes Land Division Committee members and theCorporation of the..County of Elgin staff to enter onto the subject property for the purpose ofSite inspections with respect to this application. 24. TheAp i,i,liìiliiå,,å'filì:i%s:$åiÏsH:Hi;ï,11îi1Jîl3iì,"for Protection or lno¡viJüai P;i"";tln Municipatities and LocatBoards. Dated at the Municipalitv of Central Elqin day or Fj-of rCn.l ,o ilthis oF APPLTCANT(S), SOLtCTTOffi AFFIDAVIT OR SWORN DECI.ARATION lA/úe David Roe of the in the County of Norfolkof solemnly declare that all the information contained in this application is true, and lA/Ve make thissolemn declaration cons^cientiously believing it to be true, anã r<nòwing that it is of the same force andeffect as if made under oath and by virtue o-f the CANADA EVTDENCÈ Acr. DECLARED before me at the Municipalitv of Central Elqin in the tn¡s ?d o"y o 20 II lf this application is solicitor on ner,sauthorization must tion. lf the without agentor so-licito¡, the app by an offíc I, if any, mustbe affixed. It is required that one copy of this application bef led, together with one copy of the sketch described,with the responsible person, accompanied by a fee of _ - $500.00 in cash or by cheque made payable to TREASURER, couNry oF ELGIN An additional fee of $200.00 will be charged for affixing the consent stamp. Staff Report D2011-12 regarding "Best Line Farms / VanLeeuwen Consent E13/11". Page 130 of 381 APPENDIX "A" The county of Elgin Land Division.Gommittee requires that, in addition to the "Application for consent,,, thefollowing information be completed for all applicaiiãns: 1. Are there any barns rocated within 300 metres of the subject of this apprication?Yes ( ) No (x) lf the answer is "yES" are these barns:i) Now used for livestock?ii) Capable of being used for livestock? Yes()Yes()No No () NorE: lfyou answered "yES" to #1. PLEASE coMpLETE THE DATA SHEET BELow TO BE COMPLETED BY APPLICANT NAME TELEPHONE coNc.TOWNSHIP LOT TILLABLE HECTARES (where tivestock facitity located) ln order to calculate the minimum distance separation, the following information is required for each livestockfacility within 300 metres of the proposed severance and rocated oñ a séfaiate tot: Maximum Housing Capacity Number per year Manure System Housing SystemLiquid Semi- Dry check type DAIRY $ Cows $ Heifers $ Calves BEEF $ Cows Q Calves Feeders 0 400-750 tb.0 400-1100 tb.0 750-1 SWINE $ Sows $ Boars $ Weanlings 0 POULTRY $ Laying Hens Breeder Flock Pullets Chicken Broilers Turkey Broilers $ Turkey Hens Q Turkey Toms Q Roasters MINK - Females HORSES SHEEP-Rams&Ewes RABBITS VEAL CALVES OTiIER MANURE STORAGE: DRY Open pite SEMI-SOLID Open pite LIQUID Covered Tank Above GrounO UnìıvereO fanf Below Ground Uncovered Tank Tie Free LooseStall Stall Open Lot Total & Barn Confine- ment Caged On Floor Covered Pile Storage with Buck Walls Open Earth Sided Pit Staff Report D2011-12 regarding "Best Line Farms / VanLeeuwen Consent E13/11". Page 131 of 381 AUTHORIZATION (Please see note below) To: Secretary-Treasurer Land Division Committee Gorporation of the Gounty of Elgin Description and Location of Subject Lands: Bayham, concession 10, Lot 9 l/Vl/e, the undersigned, beíng the registered owner(s) of the above lands hereby authorize David Roe of___Np¡lq1k Countv (Agents Name/Names)(Agents Gity/Town of Residence) Please Print Names in Block Letters Below Signatures Dated atthe Municipaliry Of Bayhan this l sr day of February 11 Sþnature of Owner Best Line Farrns Ltd. to (1) my behalf to the county of Ergin Land Division committee;çl any hearing(s) of the aiplicatiän; anO(3) or materiafrequired byùe UnO'Division Committee relevantto the 20 T ('*-'-- Signature of Owne¡ Antonia Van Leeuwen NoTE: Thís form is only to be used for applications, which are to be signed by someone other thanthe owner(s). ks,)e f u l"C-n¡o'o{' Gary Van LeeulJen - Presírlent Signature of Witne Staff Report D2011-12 regarding "Best Line Farms / VanLeeuwen Consent E13/11". Page 132 of 381 rF-utT er$r a Âgniq¡Ihual ltses H-Effise _*S-Shed Idt- Iiletl- Sp-Septåc IS - ImplementShed B -Sar¡t Swerdpæc*l \\t Reùained Pareel /// Otherlands oruned þ orco.mFany \[ ,4"ff ¡ n r æ1il Staff Report D2011-12 regarding "Best Line Farms / VanLeeuwen Consent E13/11". Page 133 of 381 005-leã-ol 15.Oo hc. ffiÉ* tä låË,ilS Ë * *"ll UJJ Se¡l',. rj e /'{. 5L" -r-*"\\ f;e-c * ,u"" /// 3.8 /Lt Êrnen&f'Iku- zsfrl Staff Report D2011-12 regarding "Best Line Farms / VanLeeuwen Consent E13/11". Page 134 of 381 lBl Group 203-350 Oxford SlrêÊt W€sl London ON N8H 1T3 Canada tol 510.172732ô fax 6194729354 Memorandum To/Attentlon From SubJect Munlclpality of Bayham Date March 30, 2011 Tamara Tannls, MCP, MCIP/RPP ProJact No 3404 - 500 Consent E13l 1 1: Severance Part Lot 9, Concesslon 10 / Best Line Best Line Farms Ltd. & Antonia Van Leeuwen This application is a revision to an original appllcatlon to sever an exist¡ng dwelling unít adjacent to another existing dwefling unlt on agricultural lands. The proposal ls to sever the adjacent dwelling unit on the west slde of the previous proposal and lnvolves severlng 3066 m2 (0.76 acre) of land from the 39 ha (96 acre) parcel. The property is located at Part Lot 9, Concesslon 10, on the north slde of Best Llne, west of Somers Road. The subject lands are deslgnated 'Agricufture" ln the Official Plan and contaln 'Hazard Lands." The subject parcells zoned Agrlcultural (Al) in Zonlng By-law No, 2456-2003. The proposed retained parcel contains hazard lands associated wlth a BIg Otter Creek trlbutary whlch blgects the agrlcultural lands. The north-western corner of the proposed severed parcel ls located 100 m from thls tributary, The proposed severed parcelwould not be impacted by any flooding hazards, The subject lands are currently used for agricultural purposes in conjunctlon with additional farm holdlngs directly east and soulh of the property owned by the applicant. The proposed severed lot contains an existing dwelllng unlt built ln 1974 and proposes a lot frontage of 42 m and a lot depth of 73 metres. The retalned lands would include an existing dwelllng (built in 1994) and an lmplement shed. Surounding land uses to the north, south, east and west are agricultural. Saction 4.2.1.12 of the Official Plan outlines the pollcies for the severance of surplus farm dwellings. ln order to sever surplus farm dwellings, two or more farm parcels must first undergo consolldatlon. Farm consolldation is doflned as the acquisltion of additlonal farm parcels to operate as one farm operation. The applicants have indicated that the lands were províously consolldated with fands to the west and south. The Offlclal Plan outlines twelve (12) additional criteria whlch must be fulfilfed pr¡or to the Munlclpalíty supporting this consent appllcatlon. Our analysis of these crlteria is as foflows: i. ln the ophúon of Munlclpal Council, a land use confllot shall not be created wilh agrìcultural oparatlons or other exisling /and uses ín tho immedlate area of the subJect /ands. With the existing nature of the dwelllng a land use confllct will not be created. ii. Only one sarplus farm dwelling may be severed pursuant to each corporate farm consolidation The applicants are not pursulng any other surplus farm dwelling severances; there is one dwelling located on the retalned lands which would not be permltted to be sovered. 1. 2. 4. lBl Group 19 a group of firms provldíng profeBslonal ôoMc€s and ls ållìllaled r,rth l8l Group Archltgct$ Staff Report D2011-12 regarding "Best Line Farms / VanLeeuwen Consent E13/11". Page 135 of 381 lBl G¡oup Mômorândurn Munlclpellty ol Bsyñom - March 30, 20ll iv. V. A minimum of one existing farm dwelling wílhin the "Agrtcufture" deslgnatlon ln the MunlclpailA of Bayham must be retalnod by the proponent corporate farm operation, or a regislered owner of the prcponent corporate farm operatlon. the applícant owns land adJacent (south) to the subJect slte whlch lncludes an existing farm dwelling. No more than one severance of a surplus dwelllng shall bo allowed from a farm parcelregardless of changes In boundary or ownership. No olher dwellings havo been severed from this farm parcel. The severed lot with the surplus farm dwelling shall be no larger than is necessaty to support a prtvab sanítary sewage troatmont and disposal system as determlned by the appropriate approval authorlty, and be seruiced by a potable water supply, The sanitary sewâge treatmenUdlsposal system is contained within the proposed severed lands. The lands are servlced by a potable water supply. The severcd lot with the surplus farm dwelllng shall meet the provlslons of the MDS The applicants haye indicated that there are no barns wlthln 300 metres of the proposed severed lot that are used for livestock purposes, The severed lot with the surplus farm dwelling shall be rezoned ln a Rural Residentlal (RR) Zone in the Zoning ByJaw of the Munlcipalily of Bayham. The requlred lot area ln a Rural Residentlal (RR) Zone ls 0.4 ha (4000m'?), whlle the proposed severed lot has a lot area of 0.3 ha (3066m'), a shortage of 934 mt . Furthermore, a minlmum Lot Frontage of 50.0m is required; the applicant has proposed 42,0m. As the dwelling unit contains a front driveway and parking area wherein no access to the rear yard ls required, and with only 60/o lot coverage of the dwelling unít, a variance to both the lot area and lot frontage would be acceptable, The severed lot with lhe surplus farm dwelling may Include accossory bulldings and slruotures if in the opinion of Municipal Council a land use conflict wlll not be created, where the property has been rozoned to ptohìbit lhe Reeping of livestook. Tho proposed severed lot does not propose any accessory buildings or structures. All parcals of property constituling the retaìned agrìculturallands sñall compñse a total mlnlmum area of 20.0 hectares (50 acres) In the same name and fÍfle. The proposed retained farm parcel is 38 hectares in erea and will operate as part of a larger larm operatlon. AII parcels of propeily constiluting the retained agrtcuilural lands shall meet the provlsÍons of lhe Agricultural (Ai) Zone regulatlons of the Zoning By-law of the Munlcipality of Bayham. The proposed retained lands meet the requlrements of the Agricultural (41) Zone. All parcels of propeñy constituting tho rotained agriculturallands sha// be rezoned to prohibít the placement, development, or establishment of any addltional lype or lorm of resldentlal dwolling unlls thereon, regardless of changes In propefty boundary or ownershlp. The proposed retalned lands shall be rezoned to the Speoial Agricultural (42) Zone. viil. tx. xt. Staff Report D2011-12 regarding "Best Line Farms / VanLeeuwen Consent E13/11". Page 136 of 381 lBl Group Momorâûdum Munlclpalityof Bayh0m - March 00, 2011 5. Based on the above comments we would have no objection to this application for a consent to sever lands for a residence surplus to a farming operation based on the following conditions: . That the severed lands be rezoned to the Rural Residential (RR) Zone and granted varlances to the required mlnîmum lot area and lot frontage; r That the retalned lands be rezoned Special Agricultural (42); and . Conslderatlon that the retalned lands be merged on tltle wlth the adjacent property to the west owned by the appllcation. IBIGROUP , Tamara Tannis MCIP, RPP r '-) Consulting Planner to the Municlpality of Bayham Staff Report D2011-12 regarding "Best Line Farms / VanLeeuwen Consent E13/11". Page 137 of 381 l¡n¡r5ôlltr olAÐhh 'Gonsent E13111 Best Line Farms/VanLeeuwen eurereEuEtE@ Legend Local Arterial H¡ghways Roll Numbers irlo* rlr¿*'n lo Sc¿l¿ . 16r *{ur*ohon pL,( rf oS¿S on l7 1.2,008 0.1 0 005 O1Kìlometers_, r O Latitude Geographics Group Ltd This map ¡s a user generâted static output from an lnternet mapping site and is For reference only Data layers that appear on this map may or may not be accurate current. or otheMise reliable THIS IIIAP IS NOT TO BE USED FOR NAVIGATION Notes Con 1 0 Part Lot I 54728 Best Line S t a f f R e p o r t D 2 0 1 1 - 1 2 r e g a r d i n g " B e s t L i n e F a r m s / V a n L e e u w e n C o n s e n t E 1 3 / 1 1 " . P a g e 1 3 8 o f 3 8 1 CORPORATION OF TITE MTJNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council FROM : Planning Coordinator/Deputy Clerk SUBJECT: Friesen Consent E5/l lAs Amended DATE: April 4,20tl FILE: Dl0.1l Friesen NUMBERzD20ll-14 Purpose To further consider a deferred consent application proposing to create a new lot with a surplus farm dwelling, application as amended. Background A consent application was received from the Elgin County Land Division Committee submitted by Mark and Myra Friesen to sever a parcel 8056 m2 (1.99 acre) and retain a 19.42-hectare (48 acre) parcel. The subject land is located on the north side of Light Line, west of Toll Gate Road, Concession 4 South Part Lot 19. The subject land is designated "Agriculture" and "Hazard Lands" in the Official Plan and zondAgricultural (Al) in the ZonngByJaw No. 2456-2003. On February l7,20ll Council deferred the application for the purpose of amending the dimensions of the severed and retained parcels to exclude the existing bam and increase the frontage of the Agricultural parcel. Elgin County Land Division Committee will consider the application on April 28, 2011. Staff & Planner Comments Furtlrer to the discussion held on February 17,2011, the applicants have amended the application to reduce the frontage of the severed parcel but have in turn increased the depth of the parcel with an overall reduction in lot size to 6048 m2 11.5 acres). The frontage of the retained agricultural land has increased to 150 metres (492 ft) with overall lot area of 20.7 hectares (51.2 acres). The frontages and lot area comply with the zoning by-law regulations. As per Official Plan policie for surplus farm dwellings, rezoning is required for the severed lands from Agriculture (41) to Rural Residential (RR) and the retained lands from Agriculture (Al) to Special Agriculture (42) to prohibit new residential development on the lands. To review, the retained lands contain an unfinished dwelling and the bam located easterly of the surplus dwelling. The owners are required to use the retained dwelling for residential purposes within 12 months of the passing of the required rezoringor it will not be permitted for residential pu{poses within the A2 Zone (Special Agriculture). The retained dwelling is required to have a private well to provide potable water. Other recommended conditions for the consent would include a copy of the final survey provided to the municipality and the cash-in-lieu parkland dedication fee. Staff Report D2011-14 regarding "Friesen Consent E5/11 As Amended". Page 139 of 381 Staff Report D2011 - I 4 Friesen Page2 Attachments l. Consent Application Eslll Strategic Plan Goal(s) Goal # 6 Provide and encourage attractive lifestyle choices. RECOMMENDATION "TIIAT StaffReport D2011-13 regarding the Friesen consent be received; AND TIIAT Council recommend to the Etgin County Land Division Committss 1þ¿1 consent application Eslll, submitted by Mark and Myra Friesen, be granted subject to conditions: 1. 2. 3. 4. 5. copy of the final survey be provided to the municipality $500 cash-in-lieu of parkland dedication fee rezoning of the severed and retained parcels water quantity testing report meeting the Provincial standards for the retained dwelling water quality testing report for nitrates and bacteria content meeting the Provincial standards for the retained flwslling Respectfully submitted, Staff Report D2011-14 regarding "Friesen Consent E5/11 As Amended". Page 140 of 381 n 5i fi tY orr.,.o'o*'roR coNsENr '¡';""'iti' ' &71 f ELGTN CqUNW LAND DtVtStON COMMTTTEE 7?oz Address . S4gg.,eTa'") .A,ilÊ. Ê TelephoneNúmber' çt'EoE-_ Name of Address Telephone Number (c) 4. (a) (b) _Number and use of bulldings and structures on the_land to be retained: 1 Proposed Use ty'Zþr,t¿t,rL ,&(/e¿¿¿Yuft¿l öwner's solicitor or authorized agent Please specify to whom all communications should be sent:/Owners(l) Solicitor( ) Agent( ) 3. (a) Type and appropriate space) Transfer: Other: charge lease ' (b) easement correction of title other purpose Name of person(s), if known, to whom land or interest in land is to be transferred, leased or charged: Eàic * {+*ç*, tÉ løtÉ.tÉut (,So,rt=\ lf a lot addition, identify the lands to which the parcel will be added: Location of land: Municipatity RAY Þ(A/vl concession No.+ Lot(s) No. l?Registered Plan No, Name of Street L I G Hf /LNÉ Street No. s-éz3a Are there any easements or restrictive covenants affecting the subject land? Yes ( ) No Vf lf Yes, describe the easement or covenànt and its etfect: Existing tlse DUtÉttt,vêsrcl proposed Use Number and use of buildings and structures (both existing and proposed) on the land to be 2. : Name of Owner ,ÐQcPs CPÉS tltLL þÉftoLtsll County ot Elgln Englnool¡ng Senlogs 450 Sunset Drlve StThomas, On N5R 5V1 Phone: 51'9 631-1460 w,Tw.el g¡rì{ounty.on,ca ' 'J t1øusÉ uil 1t odp, Staff Report D2011-14 regarding "Friesen Consent E5/11 As Amended". Page 141 of 381 7. L 11. 12. -2- Number of new lots proposed (not including retained lots) Type of access for proposed and retained rot: (check appropriate space) TYPE Provincial Highway Municipal road, maintained all year Municipal road, seasonally maintained Other public road Right Of Way Water access PROPOSED LOT () (í) () () () () lf proposed access is by water, what boat docking and parking facilities are available on themainland? (specify) 9. What type of water supply is proposed: (check appropriate space) TYPE Publicly owned and operated piped water system Privately owned and operated individualwell Privately owned and operated communal well Lake or other water body Other means (specify) PROPOSED LOT () (/) () () 10.What type of sewage disposal is proposed: (check appropriate space) TYPE PROPOSED LOT Publicly owned and operated sanitary sewage system Privately owned and operated individual septic tank Privately owned and operated communal septic system Privy Other means (specify) () (/) () () (4 () () .t ts z¡tê what is the Existing official Plan designation(s), if any, of the subject land? When willwater supply and sewage disposal services be available? L 13. What is the Zoning, if any, of the subject land? 14.Itag !ft9 guUject land ever been the subject of an application for approval of a Plan of subdMsion-ora consent undêrthe ptanning Act?" yes ( ) " Ñ; a l -uñrno*n 16 lf Yes, and known, provide the application file number and the decision made on the application 15. lf this application is a re-submission of a previous consent application, describe how it has been changed from the original application 16. (a) Has the owner previously severed any land from this holding? No ()óYes(): Staff Report D2011-14 regarding "Friesen Consent E5/11 As Amended". Page 142 of 381 -3- (b) lf the, answer.to (a) is Yes, please indicate previous severances on the required sketch andsupply the following information for each lot severed: 18' f:nlp::llll$ c.ri.ne.niJ{lhe-s.¡rb.j9ct of a propos,e^d otfieial plan or officiat ptan amendmentthat has been submitted to the Minister for app¡oval?yes () No (l lf Yes, and known, specif,T the Ministry file number and status of the application 19. ls.the subjectland currently the subject of an application for a zoning bylaw amendment, Minísteds zoning order amendment, minor vartance, or approval of ã p¡än of iunãiviôiınt Yes () No Vj lf Yes, and known, specify the appropriate flle number and status of the application 20. ls the application consistent with policy statements issued under subsection B(1) of the planningAct? /Yes (y No() Grantee's name . .: Relationship (if any) te owner _ 17. Is the owner, solicitor, or agent applying for additional consents on this holding simultaneouslywith this applicâtion, or considering apþtying for additional consents in the futùre? Yes ()No $/1 21. ls the subject land within an area designated under any provincial plan or plans? Yes()No (ly lf yes, does the application conform to or conflict with the applicable provincial plan or plans 22. SKETCH: The application shall be accompanied by a sketch showing the following: - the boi.lndaries and dimensions of the subject land, the part that is to be severed and the part that is to be retained; - the boundaries and dimensions of any land owned by the owner of the subject land and that abuts the subject land; - the distance between the subject land and the nearest township lot line or landmark, such as a railway crossing or bridge; - the location of all land previously severed from the parcel originally acquired by the current owner of the subject land; - the approximate location of all natural and artificial.features on the subject land and adjacent lands that in the opínion of the applicant may affect the application, such as buildings, railways, roads, watercourses, drainage ditches, river or streám banks, wetlands, wooded areas, well and septic tanks; - the existing use(s) on adjacent lands; - the location, width and name of any roads within or abutting the súbject land, indicating whether it is an unopened road allowance, a public travelled road, a private road or a right ofway; - if access to the subject land is by water only, the location of the parking and boat docking facillties to be used; - the location and nature of any easement affecting the subject land. Staff Report D2011-14 regarding "Friesen Consent E5/11 As Amended". Page 143 of 381 .. 1@^ ?\úv Dnr'-fn" -4- 23' The Owner/App_licant/Agent hereby authorizes Land Division Commiftee members and thecorporation of the. County of Elgin staff to enter onto the subject ptop"rty r"i iñÀ'furpose orSite inspections with respect to this application. 24. The ApplicanUOwner/Agent here re of the d in thisApplication pursuant to Section r 63, S.O to providefor Freedom of lnformation and privacy i LocalBoards. X /Flo 20/ Y-1*-Glltr TtERHILL ¡ connlstorer, erc' l":l_11 cll lflh..corporarion offlo -' --", Mu¿¡c¡peliry of EeyÈ4lr. __--____j lf this application is tor on authorization must lf the agent or solicitor, the a'pp n offic , lñust be affixed. Itis required that one copy of this application be filed, togetherwith one copy of the sketch described, with the responqible person, accompanied by a fee of - - $750.00 in pash or by cheque made payable to TREASURER, couNTy oF ELGTN An additional fee of $250.00 will be charged for: affxing the consent starnp. : Dated at tne /ilun ic f't a / ,y'f * 6:r/* * this - /7lL / day of ,=/4n aa rl 2g // @ '-'""2 ø ottne,fli.¿rurt¿z¿tz¿/ ot 6fru+M in the county of EZe/^/ " solemnly declare that all the information contained in this applícation is irue, and l@Ðmake thissolemn declaration conscientiously believing it to be true, anã knowing tnat lt is ótffiiämãforce anoeffect as if made under oath and by virtue of the OANAóA EVtDENCE Acr. in the this a TURE OF LICANT(S), SOLtCtTOR OR AFFIDAVIT OR SWORN DECI.ARATION x DECLARED before me at the Staff Report D2011-14 regarding "Friesen Consent E5/11 As Amended". Page 144 of 381 APPENDIX "A'' The County of Elgin Land Division Committee requires that, in addition to the 'Application for Consent,', thefollowing information be completed for all applicaiions: 1. fre there any barns locghed within 300 metres of the subject of this application?Yes() No(Ø lf the answer is 'YES" are these barns:i) Now used for livestock?ii) Capable of being used for livestock? Yes Yes ()()No() No{.) NOTE: If you answered ..YES'' to #1. PLEASE COMPLETE THE DATA SHEET BELOW TO BE COMPLETED BYAPPLICANT NAME TELEPHONE coNc,TOWNSHIP LOT TILLABLE HECTARES (where livestock facility located) CALCU.LATF THE MtNtMUM DTSTANCE SEPARAT|Oñ REQUIREMENTS FOR NON-FARM USES ESTABLTSHTNG OR eXpnruOl¡vo ltt Close PROXIMIry TO EXIST¡NG LIVESTOCK BUILDINGS ln order to calculate the minimum distance separation, the following information is required for each livestockfacility within 300 metres of the proposed severance and located oñ a separate lot: Type of Livestock Maximum Housing Capacity Number per Year Manure System Housing System check type DAIR,Y0 Cows0 Heifers0 Calves Tie Sta Free Stall Loose EEEF 0 Cows0 Calves0 Feeders0 400-750Ib.0 400-1100 tb.0 750-1100 th Open llc & Barn Total Confine- ment SWINE0 Sows0 Boars0 Weanlings0 Feeders POULTRY0 Laying Hens0 Breeder Flock0 Pullets0 Chicken Broilers0 Turkey Broilers0 Turkey l-{ens0 Turkey Toms0 Roasters MINK - Femalec Caged On Floor HORSES SI{FFÞ - Þamc .Q. Errrac RABBITS VEAL EÀI VtrS OTHER MANTIRF STôRAêtr. DRY SEMI€OLID LIQUID Open Pile Open Pile Covered Tank Covered Pile Storage with Buck Walls Open Earth Sided Pit Above Ground uniıffinr Below Ground Uncovered Tank Staff Report D2011-14 regarding "Friesen Consent E5/11 As Amended". Page 145 of 381 J" I A¿Êl Lo'T /4 ãt3 UO^'' lsÉ\rcn¿ ;ã /o&tû ãEr s ìf\ rl'lrlvr* II)I ¡ WooØ-ãÒVV- Elllott ¿ta*t u*ë à11 Ëo*¡ \ S t a f f R e p o r t D 2 0 1 1 - 1 4 r e g a r d i n g " F r i e s e n C o n s e n t E 5 / 1 1 A s A m e n d e d " . P a g e 1 4 6 o f 3 8 1 /V Ì flArcE+ h1u L^Joo0 LeY AOuucuurvøÇ Ftu¿ø Aa tl¿¿ cut¡vÊÚ Ftøt-þ 4é 4ca6 7, FN,O, ft ¿LLU {'*)ooû Lo"r Vt)*wU,"v 4--rrLç.É9 fl-ÊHatteo -stvúneo Hor.¡sÉ n.,€Êøi'tc HY LnvÉ âoo a -=* Ae Ptcvt-ÌuÊÉ AtPPtç- oøcl4Attzlo fi/1r I ly# Staff Report D2011-14 regarding "Friesen Consent E5/11 As Amended". Page 147 of 381 rI AÉ!¿I fM M¡{T .åNU .üIX.å. ¡KIESEN I I t I I I I t I I I I I I I I I I -l oTtrL ¡on"o4ÉrøTv s ir' Ãr?ptu1rn^r," 1,r"1 57' 74"*o The subjed proporty consists of a rong and narrow paroer of rand totaring 52.7 rt has frontag"m wirh th e re maind e r b e i n s woods, tre es ;:Ï niliJ,îî:i"î :î:Ï::::ï;a large rittered buirding site rocated at the south end of the farm arong the roadfrontage. The improvemonts consist of a modest singre storey dweiling andseverar order dirapidared improvements of no varuo. The entire buirding site islittered with debris, old farm equipment and various large and smaller formerbuirdings. rt is in need of extensive clean up. with the crean up, it rs rikery thatanother 4-5 acres of tiilabre rand can be created. There is a smail area rocatednear the cetnre of rhe farm which has been used as a sand pit. The top soir wasall moved in pires to be abre to get to the sand. This area, arso can be tumedback into tirfabre rand with some excavating work. overafr Ít is rikery the farmcould be tumed into 50 tiilable acres, 0.5 acres of buirding site improved with onrylhe dwelling and the remainder being nalural woodlgully & ponds. All of the rand and buirdings wit be môre properry described rater in this report. Land Aflocation 40 estimated tiltable acres 2 estimated acres building site2 €st¡mated acres ponds ü. estimated acres waste & littsred area 52.7 âores as per Geowarehouse Property Description: I Land Topography & Soit Type: The topography is genfly undulating to neafly tevot, The soil mixed Walsingham and Waterin fine loamy sand. The tillablo rented to vegetabte/oash crop farmers for g200 per acre rent. type oonsists of land had been Staff Report D2011-14 regarding "Friesen Consent E5/11 As Amended". Page 148 of 381 MUIVCIPALITYOF BAYHAM MEMORANDUM DATE: APRIL l,20ll TO: Council FROM: Margaret Underhill, Planning CoorindatorlDeputy Clerk RE: StricklandBulldozingDelegation NUMBER: C20ll-03 A delegation will appear before Council on April 7û representing Strickland Bulldozing and Enterprises Limited. The delegation will speak to their application to the Ministry ofNatural Resources O[NR) for a Category 7, Class "B" Licence under the Aggregate Resources Act for property located in Part of Lots 2 and 3 Concession South Gore and Part Lot 111, Concession STR, on the east side of Richmond Road. Strickland's application to the MNR was deemed complete in June 2010 followed by the 45-day public notification and consultation period. The municipality was circulated for comment on compliance with the Official Plan and ZonngBy-law. Staffand the municipal planner reviewed the application package and provided written comment to Strickland Bulldozing and Enterprises Limited through their consultant, Harrington McAvan Ltd., on August 26,2010. The response letter with the planner's memorandum attached was not an objection letter but a recommendation to pursue amendments to the Official Plan and ZomngBy-law for the proposed use of the lands. The responsibility of the municþality is to be a commenting body and not the approval authority on the licensing for aggregate resources. Further discussions took place with Harrington McAvan resulting in differing planning opinions on the compliance with planning documents. On February 7,2011 aninvitation was extended to Mr. Strickland to appear as a delegation to Council for the puq)ose of seeking Council's interpretation and direction. Attachments l. LocationMap 2. "Figure No. 2 Study Lands" map outlining the proposes extraction areas 3. municipal correspondence dated August 26,2010 4. IBI Group Memorandum dated August 4,2010 5. municipal correspondence dated February 7,20ll 6. portions of Strickland Delegation presentation {Agenda Item 4 (a)l Memorandum C2011-03 regarding "Strickland Bulldozing Delegation". Page 149 of 381 Memorandum C2011-03 regarding "Strickland Bulldozing Delegation". Page 150 of 381 -G-'tr,ElI¡ÐrfI¡---r' E Ü I¡ I - M e m o r a n d u m C 2 0 1 1 - 0 3 r e g a r d i n g " S t r i c k l a n d B u l l d o z i n g D e l e g a t i o n " . P a g e 1 5 1 o f 3 8 1 lrlrrrrrrtllllllltl Memorandum C2011-03 regarding "Strickland Bulldozing Delegation". Page 152 of 381 August 26,2010 Harrington McAvan Ltd. 9l Anderson Ave, Untt2 Ma¡kham ON L6E IA5 PO. Box 160,9344 Plank Road, Straffordville, Ontario NOJ 1Y0 email : bryham@bayham. on. ca Attention: StricklandBulldozingandEnterprisesLimited c/o Harrington McAvan Ltd. Dear Sir Re: Class B Licence Application Property located in Part Lots2 and 3, ConcessÍon South Gore, Part of Lotlll, Concession SSTR, Part of Road Allowance Between Concession 5 and Concession South Gore Municipality of Bayham, County of Elgin The Municipality of Bayham is in receþ ofthe completed application form and attachments for a licence application for a Category 7, Class "8" licence for Shickland Bulldozing and Enterprises Limited on lands owned by John Walker and Valerie Anger. As per the 45-day notification period, the municipality has reviewed the application package and wish to submit the following comments. Based on the review of the reports by staffand the municipal planner, an Offrcial Plan and ZoningBy-law amendment are required. The proposed extraction will be for commercial puq)oses as the resource will be removed and distributed away from the proposed site by Strickland Bulldozing and Enterprises Limited. The amendments to the Official Plan and Zonng ByJaw would be required prior to the establishment of an extractive industrial use on this site. Please refer to the enclosed planner's Memorandum dated August 4,2010 for more details regarding the applicable Official Plan and ZormgBy-lawpolicies. Planning Coordinator/Deputy Clerk File Dl4.GEN cc: Chris Black, MNR Aylmer Ofüce Encl. Yours truly Memorandum C2011-03 regarding "Strickland Bulldozing Delegation". Page 153 of 381 lBl Group 203-350 Oxford Street West London ON N6H 1T3 Canada tol 5194727328 tax 5194729354 To/Attention From cc Subject Municipality of Bayham William Pol Date August 4,2010 Project No 3r',04482 mp 1. Memorandum Steno Strickland Richmond Pit (Part Lots 2 & 3, Concession 6; Part Lot 11 1, South Gore Concession) The purpose of this letter is to provide comments on the report submitted by Harrington McAvan on behalf Strickland Bulldozing and Enterprise Limited for a proposed sand pit on 8.48 hectares (20.9 acres) of land located on Part Lots 2 & 3, Concession South Gore and on Part Lot 111, Concession S.S.T.R, and Part of the former road allowance between Concession 5 and Concession South Gore, in the Municipality of Bayham. Three sand knolls are being proposed for extraction on 6.67 hectiares (16.5 acres) within the property. The study area is designated as'Agriculture'and "Hazatd Lands", on Schedule'A" Future Land Use to the Otficial Plan. The surrounding designations are characterized by the same designations, as well as'MineralAggregate Resource Areas" to the north, west and south within a relative proximity. South of the subject property is a licensed pit which is owned by the proponent. Section 4.2.1.2 of the Official Plan discusses permitted uses within an Agricultural land use designation and does not include licensed pits for commercialextraction. Furthermore, Section 4.2.5.3 discusses that all proposals for new pits in lands outside of Mineral Aggregate Resource Areas will require an amendment to the Official Plan. The summary report from Harrington McAvan identifies Section 4.2.5.10 of the Official Plan. The policy states that an Official Plan and Zoning By-Law amendment will not be required for the removal and levelling of hills containing aggregate resources for the purpose of improving lands for agricultural use. We feel that the proposed pit will be utilizing the resource in a commercial manner as it will be removed and distributed away from the proposed site. Furthermore, the lands are operated in an agricultural manner, and while improvements may be made to the site, we do not believe that there is a constraint restricting its use. Additionally, the lands are zoned Agricultural (41). As such, a Zoning By-law amendment is required to the Extractive lndustrial (M3) Zone to permit the extraction of mineral aggregates for commercial purposes provided it can meet the policies outlined in Section 4.2.5.5 of the OfficialPlan. 4. lBl Group is a group of f rms providing professional services and ¡s affiliated with IBI Group Architects Memorandum C2011-03 regarding "Strickland Bulldozing Delegation". Page 154 of 381 5. fBl Group Memorandum Municipality of Bayham - August 4, 2010 IBIGROUP The proponent provided three reports; Hydrogeology Report by Groundwater Science Corp, Natural Environment Report by AWS Environment Consulting and a Cultural Heritage (Archaeological) Report by Golder Associates. Harrington McAvan Ltd. provided a summary of the three reports. The conclusions of the report, as they relate to each of the reports, are as folfows: Hydrogeol ogícal Asses sment : G rou ndwater S cíence Corp . The proposed extraction will remain 5 to 7 metres above the estimated water table elevation. . Surface features within a close proximity of the subject lands will not be negatively impacted by the proposed removal of the sand hills. Natural Environment Level Two: AWS Envîronment ConsultÍng o Potential negative impacts on the surrounding natural heritage or ecological functions have been mitigated through setback and operation measures. o Post extraction landscape will be returned to agricultural lands. Archaeolog Í cal Assessmenf Sfage 2 : Golder Assocrafes . The archaeological assessment did not result in the identification of any archaeological material, no further assessment is recommended. . Should deeply buried material be found during excavation the proper Ministries should be notifìed. Based on our review of the reports and the Official Plan polícies, an Official Plan and Zoning ByJaw amendment are required prior to establishing an extractive industrial use on this site. The proponent will need to fulfil Sectíons 4.2.1.3,4.2.5.1,4.2.5.2 and 4.2.5.6 of the Official Plan as well as satisfy the zoning requirements of the Extractive lndustrial (M3) Zone. Further, we are recommending that any future applications for the site be considered by the Long Point Region Conservation Authority due to the site's proximity to "Hazard Lands." ftØ*ø William Pol, MPA MCIP RPP Associate Memorandum C2011-03 regarding "Strickland Bulldozing Delegation". Page 155 of 381 "".Ët3 February 7,2011 Harington McAvan Ltd. 9 I Anderson Avenue, Unit 2 Markham ON L6E IA5 PO.Box 160,9344 Plank Road, Straffordville, Ontario NOJ 1Y0 Tel: (519) 86G552t . Fax: (5r9) 86G3884 emait bayham@bayham. on. ca Attention: Glenn D. Harrington Dear Sir Re: Strickland Bulldozing and Enterprises Limited ' Application for Category 7 Class B Licence under theAggregate ResourcesAcl South Gore, Part of Lot 111, Concession SST& Part of Road Allowance Between Concession 5 and Concession South Gore Thank you for your letter of December 22,2010 providing reference to Offrcial Plan Section 4.2.5.10 with further details of the proposal. After review of your letter, our planner's opinion remains that Offrcial Plan and Znnng By-law amendme¡ts are required. Ofñcial Plan Section4.2.5 must be read in its entirety. The Ministry of Natural Resources classifies the proposal as a 'þit" requiring licensing under the Aggregate Resources Act and as such, Offtcial Plan Section4.2.5.3 and other subsections apply. In view of the fact that the planning opinions continue to differ on this proposal, the option to appear as a delegation to Council for the pulpose of seeking their opinion and possible direction is available. Another optionmay be, if available, to file an appeal to the Minisûry ofNatural Resources for the issuance of the licence. If your client chooses to address Council, please let me know and I will discuss the request for delegation with our Clerk and notiff you ofthe date and assigned time of the meeting. Planning CoordinatorlDeputy Clerk File DO9.STRICK Ilúdrga{et Underhill Memorandum C2011-03 regarding "Strickland Bulldozing Delegation". Page 156 of 381 rrington Avan uo April2,2011 Re: Municipality of Bayham Gouncil meet¡ng on April 7,2011 Strickland Bulldozing and Enterprises Limited Sand removal for Agricultural Land lmprovement - OP Policies Background lnformation Mr. Strickland retained the services of Harrington McAvan Ltd in 2009 to prepare the necessary documents to obtain approvals for the removal of sand from a property zoned A1 General Agriculture, north of their existing licensed site located on the east side of Richmond Road, for the purpose of agricultural land improvement. The property with the existing licence is also zoned A1 General Agriculture. As noted in our letter of December 22, 2010 to the municipality (Attachment 1), Section 4.2.5.10 of the Official Plan states: Notwithstanding Section 4.2.5.3 of this Plan, Official PIan and Zoning By-law amendments will not be required for the removal or levelÌng of hills contaìning aggregate material for the purpose of increasing or improving lands for agricttltural uses provided that no excavation takes place below the average gmde of land surrounding the hill. Such removal sites are to be used on a lemporary basis only and are subject to a permil adminßtered by the Aggregate Resources Act." The Aqqreoate Resources Act (ARA) requires that any person or company obtain a licence from the Ministry of Natural Resources for the removal of aggregate from a property. Section 12.1 of the ARA states the following, "No licence shall be issued for a pit or quarry if a zoning by-law prohibits the site from being used for the making, establishment or operation of pits and quarries." lt is our opinion that this proposal meets all of the criteria noted Section 4.2.5.'10 oÍ the Official Plan and that Agriculture is the appropriate zoning for the site. The area to be licensed consists of a total of 8.48 hectares (20.9 acres) located in Part lots 2 and 3, Concession South Gore, Part Lot 111, Concession S.S.T.R., and Part of the road allowance between Concession 5 and Concession South Gore, in the Municipality of Bayham, County of Elgin (see Attachment 2). Only the three sand hills located within the larger parcel of land wíll be excavated or partially excavated (6.67 hectares or 16.5 acres), levelled to tie in with the grades in the surrounding fields and rehabilitated back to agricultural use. A section of the lands within the closed road allowance between Concession 5 and Concession South Gore were stopped up by the municipality, sold and conveyed to the adjacent landowner, Mr. Walker. These lands are also being included within the licence application to allow the grades to be matched between the existing licenced site and the proposed lands. Harrington McAvan Ltd . Landscape Architects 9't AndersonAve., Unit 2, Markham, Onlario LOE 1Aı PhorÞ: 905.294{.282 Fax 90F2947623 Offices in Markham, Cambridge, and Aylnrer Ontario Visit us on lhe web at unryw-haningtonmcavan.com Memorandum C2011-03 regarding "Strickland Bulldozing Delegation". Page 157 of 381 2 The necessary documentation required for a Class B licence application under the ARA, summary report, site plans (Attachment 2), and technical report, were submitted to MNR in 2010 and approval was given to proceed with the public notification and consultation process. As part of this consultation process, the following agencies were circulated the application: Ministry of Natural Resources, Municipality of Bayham, County of Elgin and The Long Point Region Conservation Authority. The applicant received comments from the Ministry of Natural Resources, the County of Elgin, and the Municipality of Bayham (see letter of August 26,2010) as part of the required circulation of the licence application. No comments were received from members of the public. All concerns raised by MNR have been addressed on the revised site plans and a clearance letter has been provided by MNR. The only remaining issue to be resolved is the matter matter raised by the municipality in their letters of August 26,2010 and February 7, 2011 (Attachments 3 & 4) that Official Plan and Zoning By-law amendments are required. As noted above, the Walker property with the existing Strickland licence is cunently zoned A1 GeneralAgriculture and did not require planning approvals at the time of licensing. The majori$ of the existing Strickland licence has been rehabilitated to productive agricultural lands and the Ministry of Natural Resources accepted sunender of the southern 4.2 hectares (10.4 acres) in 2009. Two barns have been constructed by the owner on the now gently sloping rehabilitated lands which were once a sandy hill with steep slopes and difficult to farm. The same level of agricultural rehabilitation will be completed within the proposed lands to the north, thereby improving the agricultural capability of the lands. As stated in our letter of December 22,2010, we feel that the tests of the policies in the Bayham Official Plan dealing with removal of hills for agricultural land improvement have been met and that Official Plan and Zoning by-law amendments are not required in this case. We seek consensus from Councílthat the proposal complies with the OP policies. Harrington McAvan Ltd . Landscape Architects 91 Anderson Ave., Unit 2, Markham, Ontario LOE 145 Phone: 905-294€282 Far 905-294-7623 Offices in Markham. CamMdge, and Aylmer Ontarío Msit us on the web at wwwhaningtonmcavan.com Memorandum C2011-03 regarding "Strickland Bulldozing Delegation". Page 158 of 381 rrington Avafì uo ATTACHMENT I December 22,2AIA Municipality of Bayham 9344 Plank Road, Box 160 Straffordvil le, Ontario NOJ lYO Attentíon: Margaret Underhill, Planning Coordinator/Deputy Clerk Subject: Strickland Bulldozing and Enterprises limited licence Application for properÇ located in Part of Lots 2 and 3, Concession South Gore, Part of lot 111, Concession SSTR, Part of Road Allowance Between Concession 5 and Concession Gore, Municipality of Bayham, County of Elgin Dear Mrs. Underhill, This is to respond to the Township's objection letter of August 25, 2010 and attached report from the municipalitì/s planner. The following is stated in your letter, *Based an the review of the reports by stdff ønd the municlpal pldnner, an Offtcial PIon and Zoning By-law amendment ore required. The proposed extroctìon wíll be for commercial purposes os the resource will be removed ønd distributed oway from the proposed slte by Stricklønd Bulldozing and Enterprises Límíted," As stated in our summary r€port, we feel that our client's proposal complies wíth Section 4.?.5.1O of the Official Plan which states; "Notwithstanding Section 4.2.5.3 of this Plan, OffÌciol PIøn ønd Zoning ByJaw amendments will not be required for the removdl or levelling of hills cantøining oggregate materialfor the purpose of increosing or improving londs for agriculturøl uses provided that no excovotion takes place below the averoge grade of land surrounding the híll. Such removal sites are to be used on a temporory bosls only and are subject to d permit administered by the Aggregate Resources Act." Celebratig Thitly-ñve Years! Harrfngton McAvan Ltd Fannerty Haninglan and Hoyle 9f Anderson Ave., Unit 2. Markham, Ontario L6E 145 Ptpne: 90S'29¡l-8262 Fax 905-294-7623 Otrbes in Markham. Cambridge, and Aylrner Ontario Visit us on tlæ web at un*'ur.haningtonrñoavan.e,orn Memorandum C2011-03 regarding "Strickland Bulldozing Delegation". Page 159 of 381 2 The question then is does this proposal meet the requirements of the Official Plan (4.2.5.10): al "Official Plan and Zoning By-law amendments will not be required for the removal or levelling of hills containing oggregote materials for the purpose of increasing or improving londs for agriculturøl uses" Yes. On the steeper sloping hills found on the property, the sandy soils are prone to droughtiness which decreases the uniformity of growth and maturity of crops. The steepness and complexiÇ of slopes also adds to the cost of farming by increasing fuel consumption and fertílizer use over that of level fields. The proposal is to reduce the steep grades on the three sand hills located on site and make the grades gentler. This will also reduce runoff, soil erosion and increase infiltration of precipitation and improve soil moisture for crops. The lands will continue to be used for agricultural purposes with improved crop production once the hills are levelled. This is a practice which has proven to be successful in improving crop yields on other sites. b) 'Provided that no excavation tokes ploce below the øverage grade of the lond surrounding the hill" Yes. The site plans show that proposed extraction will level the sand hills. The applicant is proposing to remove the sand hills and blend the fields with the surrounding grades. i.e., there will be no extraction below the average grade of the surrounding lands. As noted on the site plans and summary report, the rehabilitated grade will remain a minimum of five to seven metres above the water table to make the field level and more productive than the current site conditions. c) "Such removalsites are to be used on ø temporary basis only" (MNR suggests that aggregate extractions are considered as 'interim land uses': Yes. The removal of the three sand hills and rehabilitation back to agricultural use will be occur as quickly as permitted under the tonnage condítion of a Class B licence under the Assresate Resources Act. The owners want their property returned to productive agricultural land as quickly as possible. d) "Are subject to a permit odministered by Aaareaote Resources Act" Yes. The only reason why a permit under the Asgresate Resources Act would be required is to allow for the exportation and use of the material. A license provides for the payment of provincial tonnage levies, part of which is paid to the municipality. lf the material were to be moved on site, then no license would be required. The applicant has applied to the Ministry of Natural Resources for a Class "8" licence to allow the removal of the sand from the property. A Class "8" licence limits the amount of material that can be removed annually from a property to 20,000 tonnes or less. A licence is only Celebrating Thitty-ñve Yearc! Harrington McAvan Ltd Formerty Harrington and Hoyle 91 Anderson Ave,, Unit 2, Markham, Ontario L6E f A5 Plrcne: 905-294-:8282 Far 905-294'7623 Offices in Markham, CamÞridge, and Aylmer Ontario Mslt us on the web at www.heningtonmcavan.com Memorandum C2011-03 regarding "Strickland Bulldozing Delegation". Page 160 of 381 3 required under the Agsregate Resources Act for the removal of aggregate from a property. The preceding is our response to the objections expressed in your letter. I hope that we have addressed you r concerns. lf we have satisfied your concerns, we would appreciate receiving a brief letter stating that you no longer object to the application, lf you disagree with this statement, please tell us where the application does not conform to the language in 4.2.5.10. Please contact the undersigned at 905-294-8282 or Bernie Janssen at 519-765-1998 or 519- 773-6830, if you have any questions or require any additional information. Sincerely, HARINGTON MCA BJlch c.c. Brent Strickland enn D. rincipal Celebrating Thitty-frve Yearst Harrington MöAvan Ltd Fonnedy Haninglan and Hayle 91 Ande¡son Ave., Unit 2, Markham, Ontarlo L6E 145 Phone: 905-29+8282 Fax:-9A5-29&7623 Oñic¿s in Markham, Cambridge, and Aylrner Ontario Ms?t us o¡ the web at www.haningtonmcavar.com Memorandum C2011-03 regarding "Strickland Bulldozing Delegation". Page 161 of 381 Page 162 of 381 CORPORATION OF TIIE MTINICIPALITY OF BAYIIAM STAFF REPORT TO: Mayor & Members of Council FROM : Planning Coordinator/Deputy Clerk SUBJECT: OfEcial Plan Amendment No. 10 Modifications DATE: ApnI4,20ll FILE: D08.OPRevO8 NUMBER: D20ll-13 Pur¡rose To consider Official Plan S-year Review Modifications and the MMAH Draft Decision on OP Amendment No. 10. Background The 5-year review of our Official Plan began in the fall of 2007 and through the One-Window approach coordinated by the Ministy of Municipal Affairs and Housing (MMAH), changes and comments were received from all interested minisfries. The result of several discussions and comments received from the Ministry, Council adopted Official Plan Amendment No. l0 on December 17,2009. The final version was submitted to the MMAH for approval in January 20t0. The Ministry draft decision contains 53 modifications to consider. Staffand the planner consider 46 to be minor and/or technical in nature and should be accepted without further revision. Staff & Planner Comments The remaining modifications require further discussion as outlined in the IBI Group Memorandum dated March 3,2011. William Pol, Consulting Planner IBI Group, will be present to address the remaining modifications with explanations of each and the nature of suggesting further revisions. The status of three items that have been of particular interest throughout the process is discussed below: 1. Modifìcation #53 - Bayham Industrial Park Expansion At this time the Ministry is not supportive of the expansion to the Bayharn Industrial Park and recommend removal of the designation from Schedule"Al". The included MTO correspondence does not object to the expansion of the industrial park provided suitable access be obtained. MTO anticþates the intersection of Highway 3 and Bayham Drive will require development driven highway improvements and suggests the municipality pursue the upgrading and construction of the intersection. Staffand the planner do not suggest pursuing this any further at this time. 2. Modification #36 - Section 3.3.3 Specific Policv Area No. 3 - Chateau \Mvndemere Discussions u¡ere lengthy with the Ministry on the inclusion of a Specific Policy Area for the proposed2írrnit condominium project at the former Holy Cross lands on Nova Scotia Line west of Port Burwell. The Ministry recommends removing the designation on the Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 163 of 381 Staff ReportDz}ll-l3 OP Amendment No. l0 Page2 mapping but including the Specific Policy Area No. 3 section outlining the criteria for the consideration of a separate Official Plan Amendment with accompanying reports and studies and further rezoning with the municþality. Kirkness Consulting, rqresentative for the landowner, reviewed the modifications and is amenable to approving the suggested wording. See the Ki¡kness Consulting correspondence attached to this report. Staff and the planner are supportive of the included policies and do not suggest pursuing any further revisions. 3. Section 2.1.10 Sunplementarv Farm Dwellinss Council approved a new approach to dealing with supplementary farm dwellings in the proposed Amendment No. 10. The Ministry supports the policies proposed by the municipality and are recommended for approval in the OfEcial Plan. Attachments l. IBI Memorandum dated March 3,2011 regarding modifications 2. MMAH correspondence dated February 25,2011 with MTO correspondence attached 3. MMAH Draft Decision 4. Kirkness Consulting correspondence dated April4, 20ll rc: Chateau V/yndemere 5. Modified Final Draft Official Plan with Schedules Strategic Plan Goal(s) To recognize and support all goals of the Bayharn Strategic Plan 2008-2013 RECOMMEIIDATION "THÁ.T StaffReport D2011-13 regarding the Official Plan Amendment No. 10 and Minister of Municipal Affairs and Housing Draft Decision be received; A¡ID THAT Council accepts the draft modifications as presented in the Draft I)ecision, except for Modifications #10, #42, #44, #45, #47, #50 and #53; Al\lD THAT Council suggests those draft modifïcations be revised as outlined in the IBI Group Memorandum dated March 3r20ll and considered by the Ministry prior to approval; AND THAT in additÍon, the Ministry add a modÍfication to change Section 4.5 to delete the year 42011" AND THAT Council of the Municipality of Bayham request final approval by the Province. Coordinator/Deputy Clerk Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 164 of 381 lBl Group 203-350 Oxford Street West London ON N6H 1T3 Canada tel 519 4727328 fax 519 4729354. To/Attention From cc Subject Municipalityof Bayham DerekDudeþ MCIP, RPP file Date March 3,2011 ProjectNo 3404 -409 Steno dd r) 2) a) b) c) d) Memorandum Five Year Offrcial Plan Review - Draft Ministry of Municipal Affairs and Housing Modifications 'We have ¡eceived the Ministry of Municipal Affairs and Housing (lvß4AH) draft modifications to Offrcial Plan Amendment No 10, which was adopted by Council on December 17 , 2009 . Council and . staff should now review the modifications and l) accçt the modifrcations and request final approval by the Province; 2) suggest revisions to any of the draft modifications; and/or 3) indicate any such modifications which can not be supported by the Municipality and appeal such matters to the Ontario Municipal Board. The MMAH has presented 53 draft modifications to the Official Plan amendment. Our review of the draft modifications indicates that 46 are minor and/or technical in nature and should be acce,pted without fr¡rther revision. It is our opinion based on sound land use planning principles that Council request the following revisions to the draft modifications: Mod #10 requires an Offrcial Plan amendment to expand existing institutional uses in the "Agriculture" designation - Should not be required on the basis that an OfEcial Plan amendment for a small change to an existing institutional use is not a policy matter; l;llod tl42 removes policies for wind turbines - It is our opinion that removal of this Section of Plan is short-sighted and misinterpreted as di¡ective policy. The wording of Section 5.3.3.2 ensures municipal interests are identified but worded in a manner that recoenizes the limitations placed on municipalities by the Green Energv and Green Econom]¡ Act, and it's enacting regulations. This policy addresses one of the major sþe¡ssmings of the GEGEA, namely setbacks to accommodate long-term planned settlement area growth (ie. 20+ years). It is unclear as to why this policy must be removed here but other policies in Section 5.3.3 may remain. l.lod tf44 revises community improvement plan policies - add "minimize" between the words "and environmentaf' to clarifr the intent. Mod fÉ45 removes land use boundary interpretation - It is our opinion that the inclusion of this wording is poor policy to suggest that digital mapping rather than staffand Council interpretation IBI Group is a group of firms providing professional servíces and is affiliated with IBI Group Architects Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 165 of 381 IßI Group Memorandum Municipality of Bayham - March 3, 201I to determine the need for a potentially onerous Official Plan amendment. The first sentence should rernain. e) l;o'dod tt47 limits the number of consent applications on a parcel of land - Move this section to 8.7.2 as it relates to consents. Ð Mod #50 refer€nces setbacks from unknown landfill sites - This modification should be removed as it is difficult to understand how this policy would be enforced if a location is unknown. g) Mod #53 - Mapping changes require the following revisions to the draft modifications Revised Nanral Heritage designation on Schedule Al, and revised ANSI's and Woodlands on Schedule A2 to correct locations of these features. The fifth item should read - Schedule "Al" is modified to reduce the Mobile Home Park as perModification 31. The sixth item should include changes to Al and A2 3) In addition to the above, we would also request that MMAH add a modification to change Section 4.5 to delete the year *2011". 4) Based on our review of the draft modifications and acceptance of the above noted changes, we do not feel it is in the best interest of the Municipality to appeal to the Ontario Municipal Board in respect to any of the proposed modifications to OPA #10. 7¿r1 IBI GROUP DerekDudeþ MCIP, RPP Consulting Planner to the Municipalityof Bayham J13404\409OPRevieu^Cores-Cl¡ent\PTMmin mods drâft201143{3.docxu0ll{}OnDD Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 166 of 381 Ministry of Ministère des Municipal Affairs Affaires municipales and Housing et du Logement Municipal Services Ofüce - Bureau des services aux municipalités - Western région de l'Ouest 659 Exeter Road, 2nd Floor 659, rue Exeter, 2" étage London ON N6E lL3 London ON N6E '1L3 Tel. (519) 8734020 Té1. (519) 873-4020 Toll Free 1-800-2654736 Sans frais 1 800 265-4736 Fax (519) 873-4018 Téléc (519) 87!4018 February 25,2011 Ms. Linda Millard Clerk Municipality of Bayham P.O. Box 160 9344 Plank Road Straffordville, ON NOJ 1Y0 Re:Five Year Review of the Bayham Official Plan Official Plan Amendment No. 10 Municipality of Bayham Our file no: 34-OP-4033-010 Dear Ms. Millard: This is further to my letter and chart providing provincial comments dated June 24,2010 and November 2, 2010, concerning Official Plan Amendment No. 10 that has been submitted to the Ministry of MunicipalAffairs and Housing for approval. The proposed Amendment changes a numbei of policies in the Bayham Official Plan to: ensure consistency with the Provincial Policy Statement; incorporates new mapping data and relevant findings from completed studies; and, resolves housekeeping and technical issues identified during the Otficial Plan Review process. Our review of the Amendment has been completed and we are now in a position to fonryard to you a list of draft modiflcations to the Amendment that are provided prior to the Ministry proceeding to finalize a decision on the Plan, pursuant to subsection 17(34) of the Planning.Acf. We wish to advise you of the draft modifications so that statf may review the modifications and provide comments to Council in advance of a Ministry decision. Attached is a revised chart and attachments outlining the provincial comments and how they have been addressed to date, with the modification numbers included, as appropriate. ln addition, attached is a letter from the Ministry of Transportation (MTO) regarding their position on the development of the Bayham lndustrial Park for the Municipality's consideration. Based upon MTO'5 comments on access, the history of lot creation in the existing designated area, and the lack of justification under the Provincial Policy Statement, at this time we are unable to support the expansion to the Bayham lndustrial Park. Additional comments are outlined in the chart and in Modification 35. At this time, we do not expect that the Ministry of MunicipalAffairs and Housing will be undertaking face-to-face discussions with any First Nations groups in consultation on the Plan' However, if that situation changes, we will invite representatives from the Municipality to participate in those discussions. "'12 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 167 of 381 I would like to thank Margaret Underhill and your Planning Gonsultants, William Pol and Derek Dudeck from lBl, for takiñg the time to discuss the provincial comments on the Plan with me and with staff from the other Ministries and agencies. I look forward to receiving your response back on the proposed modification list in the form of a Council resolution, indicating Council's support of the modifications. As well, please provide revised Land Use Schedules, as described in the chart, and in the draft Decision, lf you have any questions, or if clarification is required, please do not hesitate to contact me. I can be reached at 519-873-4031 or by e-mail at tammie.rvall@ontario.ca. Yourstruly, W Tammie Ryall, MCIP, RPP Planner Municipal Services Office - Western Enclosures Copies: Derek Dudeck, lBl Amanda McCloskeY, MNR - AYlmer BillArmstrong, MOE - London Heather DoYle, MTO - St. Catharines John MorriseY, MTO - London Laura Hatch, MCL - Toronto Debbie Laidlaw, MNDM - Tweed Drew Crinklaw, OMAFRA - London Heather Surette, LPRCA Steve Evans, CountY of Elgin Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 168 of 381 M¡nistry of Transportation Engineering Office Corridor Management Section West Region 659 Exeter Road London, Ontar¡o N6E I L3 Telephone: (519) 8734597 Facsimile: (5'19)8734228 November 17,2010 Ministry of Municipal Affairs and Housing Municipal Services Offlce - Western 659 Exeter Road London, ON N6E 113 Attn: Tammy Ryall, Planner - MSO Ministère des Transports Bureau du génie Section de gestion des couloirs routiers Région de I'Ouest 659, chemin Exeter London (Ontario) N6E 113 Téléphone: (519)873'4597 Télécopieur: (51 9) 87 3-4228 RE: Municipality of Bayham OPR - Bayham lndustrial Park Expansion Request for Ministry / Agency Review and Comments MMAH File No: 34-OP-4003-010 The Ministry of Transportation (MTO) has completed a review of the above-noted Bayham lndustrial Park Expansion in accordance with the requirements of MTO's highway access control policies and the Public Transportation and Highway lmprovement Act (PTHIA). MTO do not object to the expansion of the Bayham lndustrial Park, provided suitable access can be obtained. Highway 3 abutting the proposed Bayham lndustrial Park expansion is a Controlled Access Highway under the jurisdiction and control of the MTO and therefore development falls within the permit provisions of the PTHIA. The subject property is one of three undeveloped parcels of property which together with some existing industrial uses, will make-up the bulk of the privately owned Bayham lndustrial Park. Access to the Bayham lndustrial Park utilizes the intersection of Highway 3 and Bayham Road (the lntersection). Currently there are no warrants for turning-lanes or traffic signals at the lntersection. As the Bayham lndustrial Park continues to develop, it is anticipated that development driven highway improvements not limited to left turn lanes will be required at the lntersection. MTO considers the Bayham lndustrial Park to be the potential source of a significant amount of traffic, and therefore, MTO permits will be required for all development on the subject property, and any other property within the limits of the Bayham lndustrial Park. MTO require that development driven highway improvements will be the financial responsibility of the Municipality of Bayham. o Trafflc lmpact Studies ('TlS') shall be prepared and submiüed to MTO for review and approval. The TIS shall determine which intersection improvements are required, and when the intersection improvements are to be constructed. A MTO "RAQS" approved traffic consultant shall prepare the report. MTO encourage the Municipality to arrange a meeting so we may discuss the preparation of the TIS; ...2 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 169 of 381 ...2 o lntersection improvements may not be limited to such items as turning lanes, traffic signals, illumination, and property acquisition; o Highway design and construction of the intersection improvements, not limited to the preliminary deiign, detail design, property acquisition, contract preparation, tendering and construction of any intersection improvements shall be the responsibility of the Municipality of Bayham; and o Before proceeding with the construction of the intersection improvements, the Municipality of Bayham shall complete allthe requirements set out in the Class EnvironmentalAssessment for ProvincialTransportation Facilities (Class EA) to the satisfaction of MTO. Thesoutherly leg of the intersection of Highway 3 and Bayham Drive is notdirectlyopposite Bayham tiné onlne north side of Highway 3. Additionally, our records indicate that a portion of eaynam Drive on the south side of Highway 3 is situated on privately owned property, and there is an unopened road allowance adjacent to the east limit of the subject lands. A new intersection design will have to address these points as part of the design process. lt is likely that a new intersèction design may render a portion of the northerly part of the subject lands un- developable. The Town of Tillsonburg has initiated Draft Plan of Subdivision 32T-09004 on Part Lots 1, 2, 3, 4, 5 Concession 5 NTR. The proposed subdivision includes a "Possible Future Street A" extending west towards Bayham Drive. ln accordance with PPS 1 .6.5.3 the development of the Bayham lndustrial Park and Town of Tillsonburg lndustrial Park may require municipal consultation to address connectivity between the two municipalities. Should you have any questions, please contact our office' Regards, Planner Section H. Doyle, Senior Planner - Corridor Management and Property Office D. Secord, Corridor Management Planner - Corridor Management Section T. Burns, Corridor Management Officer - Corridor Management Section N:\Corridor Management\Correspondence\Elgin\Mun of Bayham\Official Plans\2009\OPR - Bayham lndustrial Park Expansion.doc Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 170 of 381 DRAFT DECISION With respect to Official Plan Amendment No. l0 to the Municipality of Bayham Official Plan Section 26 and subsection 17(341of the Planning Act I hereby approve Official Plan Amendment No. 10 for the Municipality of Bayham, adopted by By-law No. 2009-135, subject to the following modifications. Modification #1 Item 1) is modified by inserting the following before the introductory sentence: That the numbering and headings Section 1.0 to 8.0 are deleted in its entirety, and hereby replaced by the new numbering and headings Section 1.0 to 8.0 as follows: Section 1.0 is renumbered as Section 1.1 Section 2.0 is renumbered as Section 1.2 Section 3.0 is renumbered as Section 1.3 Section 4.2.1is renumbered as Section 2.1 Section 4.2.1.16 is renumbered as Section 3.3.1 Section 4.2.6is renumbered as Section 2.5.' Section 4.2.8 is renumbered as Section:5.3.3 Section 4.3.1 is renumbered as Section 4.1 Section 4.3.1 .2 is renumbered as Section 4.2 Section 4.3.2is renumbered as Section 4.4 Section 4.3.2.5.9 through 4.3.2.5.11 is renumbered as Section 4.6 Section 4.4is renumbered as Section 4.5 Section 4.4.9 renumbered as Section 6.2 Section 4.5 is renumbered as Section 8.17 Section 4.6 is renumbered as Section 5.3.2 Section 4.7 is renumbered as Section 4.3 Section 5.0 is renumbered as Section 5.2 Section 6.0 is renumbered as Section 7.0 Section 7.1 is renumbered as Section 2.6 Section 7.2 is renumbered as Section 2.2 Modification #2 Item 3) is modified by inserting the following: That Section 1 .1 , formerly Section 1 .0, is hereby amended by: (i) deleting the last two sentences of the fifth paragraph starting with: "ln recognition of the competing demands... " Municipality of Bøyham Official Plan Amendment No. 10. Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 171 of 381 (¡i) deleting the last sentence of the sixth paragraph in its entirety and replacing it with the following. "Some additional urban types of development wíll also be established and maintained in the Hamlets." Modification #3 Item 5) is modified by deleting the third and fourth sentences of paragraph three of Section 1.3 and replacing them with the following: "The policy statement is of significance to the Municipality of Bayham, and as such, it has been interpreted as it applies to agricultural and urban land needs in the Municipality. The preservation of agricultural lands for agricultural use and the accommodation of non-farm development in settlement areas and on specifically recognized lands are key policy initiatives of this Official Plan." Modification#4 . Item 7) is modified as follows: '.i'r:: ': "section 1.4 is modified by adding the following subsection n): " n) To work co-operatively with neighbouring municipalities and the County of Elgin in matters related to land use and infrastructure." Modification #5 "- :' ,,.t: :l,.ili:; Item 8) is modified by deleting the second sentþnceof Section 2.1.1.1 and replacing it with the following: "i:;t';1¡,,ti.# "Prime agricultural areas in the Municipâlity of Bayham include prime agricultural lands as well as all of the non-prime agricultural lands (Canada Land lnventory Class 4-7) as they have traditionally been used for farming purposes and exhibit characteristics of ongoing agricultural uses." Modification #6 Item 11) is modified by inserting the words "water resources" between the words "importance of "and "topsoil" in Section 2.1.1.3. Modification #7 Item l4) is modified by deleting Section 2.1.2.2 a) and replacing it with the following:"(a) The keeping of livestock in a hobby farm context is permitted in connection with both farm and non-farm residential uses provided the livestock facility complies with the regulations of M.D.S. ll. For the purposes of this policy, any animal or fowl that are referenced in the Minimum Distance Separation Formulae tables will be considered as livestock." Modification #8 Item 16) is modified by deleting the words "or plan" in Section 2.1.2.3 and Municipality of Bayham Official Plan Amendment No l0. Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 172 of 381 replac¡ng them with "and/or plan". Modification #9 Item 21) is modified by: (i) deleting Section 2.1.3.2 in its entirety; (ii) renumbering Section 2.1.3.3 to "2.1.3.2"; (iii) deleting the words "section 4.2.3" and replacing them with "Section 2.1.3.1" in the first sentence of Section 2.1.3.2 (formally 2.1.3.3). Modification #10 Item22) is modified by inserting the following: (i) "section 2.1 .4 is modified by inserting the title. "2.1.4 lnstitutional Uses" (ii) "section 2.1.4is modified by adding the followin : j: ,end of Section 2.1.4.1: ':.,, "New institutional uses shall be directed areas in the Municipality. The establishment of n ng institutional uses beyond the existing zo ure" designation shall be discouraged and may only be considered by a site- specific Official Plan amen t and an accompanying Zoning Bylaw amendment. " .:: ï ,,'- .'1,' Modification #11 '.t.:. Item22) is modified by adding Sectioñ.:.?*,5.1 e¡: "e) The proposed potable water supply system and method of sanitary sewage treatment and disposal, solid waste disposal, taking of water and any emissions to the environment shall meet the requirements of and be approved by the Ministry of the Environment and/or the appropriate approval authority". Modification #12 Row 4 in the table in Section 2.2.followsItem 33) ¡s modif¡ecl bv rev¡stnq l-<ow 4 tn tne taþle ln öectlon z.z. as Provincially Significant Wetlands South Otter Creek Provincially Significant Wetland Complex 185.4 Located southeast of Straffordville along headwaters and banks of the South Otter Creek - made uP of 10 individual wetlands, composed of one wetland type (100% swamp). Located south of Lamers Line along banks of the South Otter Creek. Municipality of Bayham Official Plan Amendment No. 10. Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 173 of 381 Modification #13 Item 37) is modified by deleting the first phrase in Section 2.2.3.2 a) and replacing it with: "significant wetlands, significant coastal wetlands, or significant habitat of endangered species and threatened species." Modification #'14 Item 38) is modified by deleting the words "significant wetlands or within 50 metres of any other" in the first sentence of Section 2.2.3.3. Modification #15 Item 39) is modified by deleting "50 metres" and replacing it with "120 metres" in Section 2.2.3.4. +1". Modification #16 Ìì.:ii. ..u, The amendment is modified by deleting ltem 40). ¡.r,r;i,¡,, Modification #17 , , Item 41) is modified by deleting the second sentence of Sectiðii 2.3 and replacing it with: '!:' "These features will be designated aS "surface and Ground Water Features" on Schedule "A1" to the Plan when mapping becomes available." Modification #18 Item 43) is modified by inserting the w.grds "or adjacent to" between the words "not be permitted on" and "designated ètìrfàce water features" in Section 2.3.3.3. Modification #19 Item 45) is modified by deleting the words "subsections 2.4.1.1,2'4'1.2, and 2.4.1.6' and replacing them with "Section 2.4.1" in Section 2.4.1.3. Modification #20 Item 49) is modified by deleting Section 2.4.1.9 and replacing it with: "As a pit or quarry operation progresses, the subject lands will be progressively rehabilitated to accommodate subsequent land uses, and may only be used for those purposes specified in Section 2.4.1.1 of this Plan. Rehabilitation in prime agricultural areas will ensure that substantially the same area and same average soil quality for agriculture are restored and the types of subsequent agricultural uses are consistent with surrounding agricultural uses, unless the depth of mineral aggregate extraction makes such rehabilitation unfeasible, or an amendment to the Official Plan is obtained in accordance will all other applicable policies of the Plan." 4 Municipality of Bayham Official Plan Amendment No. l0' Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 174 of 381 Modification #21 (i) ltem 49) is modified by inserting: "The following title is added: 2.4.2Development Applications"; (ii) ltem 49) is modified by deleting the first sentence of Section 2.4.2.1 and replacing it with the following: "After rehabilitation has been completed, an application for an Official Plan amendment to permit a use or uses other than those permitted in Section 2.4.1.1 of this Plan will be given due consideration, but only after documentation has been prepared and presented by the operator/applicant which shows that the licence has been surrendered, and:" Modification #22 Item 50) is modified by deleting the last sentence of Section 2.4.2.2 and replacing it with: "The Ministry of Natural Resources must be contacted prior to any excavation to determine licencing requirements under the Aggregate Resources Act." Modification # 23 Item 51) is modified by deleting "section 2.5" and repfacing it with "Section 2.5.1.1" in the introductory sentence. :,1.,,, :: Modification # 24 '; 'r'': ':' Item 52) is modifi.ed by,delqti¡g the first sentence of 2.5.1.4 and replacing it with the following sentences: : . l ,l'f\lew development idl'.be set back 75 metres from existing petroleum wells. Known existing'petroleum wells are identified on Schedule "A2" . This setback is equivalent to the setback required under the Oil, Gas and Salt Résources Act for new wells from existing development. " Modification # 25 Item 57) is modified by inserting the following sentences at the end of Section 2.6.3: "The appropriate First Nation shall be provided notification with regard to the identification of burial sites and significant archaeological resources relating to the activities of their ancestors. lf the Municipality of Bayham initiates an Archaeological Master Plan, the appropriate First Nations shall be notified and invited to participate in the process." Municipølity of Bayham Official Plan Amendment No. 10. Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 175 of 381 Modification # 26 (i) ltem 58) is modified by inserling the following: "The following titles are added: Section 3 Specific Land Use Policies, 3.1 Non-Resource Uses, 3.1.1 Objective"; (i¡) ltem 58) is modified by deleting the second sentence of Section 3.1.1.1 and replacing it with the following: "The policies apply to lands outside the settlement areas which may be used for non-farm activities and where no identifiable adverse impacts on agriculture or the land uses within settlement areas will occur." Modification # 27 (i) ltem 59) is modified by deleting the first sentence of Section 3.1.1.2 and replacing it with the following: "When located in the "Agriculture" degÌgnation, uses outlined in Section 3.1 may only be considered þy.e,þite-specific Official Plan amendment and an accompanying Zoning BVlaw amendment." (ii) ltem 59) is modified by deleting Section 3.1.1.3 and repþcing it with the following: "3.1 .1 .3 dS, d site dverse impacts between the adjacent agricultural operations and the non-agricúltûi¿ I land use. Such mitigative measures may include, but are not limited to, incorporating existing naturalfeatures and man-made features to provide for separation and buffering; construction of visual and/or acoustical berms where appropriate; drainage modifications to prevent impacting existing offsite drainage patterns; and, use of appropriate fencing common to an agricultural atea." Modification # 28 (i) ltem 62) is modified by inserting the following as section 3.1 .3.3 a) and renumbering the subsections accordingly: "Land may be excluded from prime agricultural areas for limited non- i'''"11Ë',þïjl,TJtl",?r5åì.""ilïfi ällïiËilänsrorizon provided for additional land to be designated to accommodate the proposed use; there are no reasonable alternative locations which avoid prime agricultural areas; and there are no reasonable alternative locations in prime agricultural areas with lower priority agricultural lands." 6 Municipality of Bayham Official Plan Amendment No' 10. Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 176 of 381 (ii) ltem 62) is modified by deleting Section 3.1.3.3 i), formerly Section 3.1.3.3 h) and replacing it with the following:"i) Shall be considered only when mineral aggregate resources are not affected. Should mineral aggregate resources be affected, Municipal Council shall consult Section 2.4 of this Plan in order to protect such lands from development which would preclude or hinder future extraction;" Modification # 29 Item 67) is modified by deleting Sections 3.1.4.1 and 3.1.4.2 and replacing them with: "Estate Residential uses shall only be permitted on lands previously designated Estate Residential on Schedule "41" to this Official Plan. The Municipality prohibits the creation of new estate residential uses on lands designated "Agriculture". " Sections 3.1.4.3 to 3.1 .4.5 are renumbered accordingly. Modification # 30 i. Item 71) is modified by adding the following: That Section3.1.4.4 k), formerly Section 3.1.4.5 k), is amended by deleting the words "Talbot Line" and renlacj¡g,$em with the words "Provincial Highway 3". Modification # 3l .:. ..,._:Ì, ^,,r.r-. .., ._ .,, , Item72) is níodified by deleting subsection f . in Section 3.1.5 and replacing it with the following: ..:. . ^1. "ln aildition to an existing 4.1 hectare mobile home park, an additional 5.5 hectares of land in Lots 23,24, Concession 9, will be considered for mobile horyre park purposes subject to site-specific Official Plan and Zoning By-law amendments in accordance with the applicable Official Plan policies.:?nd subject to the following requirements. a) Studies completed to the satisfaction of the Ministry of the Environment and the Municipality with respect to the proposed sewage and water services in accordance with Sections 3.1.3.2 and 5.1 of the Official Plan. b) Completion of an Environmental lmpact Study (ElS) in accordance with Section2.2.3.3 of the Official Plan. c) Demonstration that MDS I has been satisfied and that the policies of Section 3.1.1.3 will be addressed." Modification # 32 Item 73) is modified by adding the following sentence after the second sentence of Section 3.1.5.2: "Proposed expansion of Mobile Home Parks into the "Agriculture" MunÌcipality of Bayham Official Plan Amendment No. 10. Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 177 of 381 designation will require an amendment to the Official Plan." Modification # 33 Item 78) is modified by deleting Section 3.1.7.2 c) and replacing it with: "c) Natural heritage features and areas are protected;" Modification # 34 Item 79) is modified by deleting the third and fourlh sentences of Section 3.1.8.3 a) beginning at: "Where access to/from development is required along a Provincial Highway... .". Modification # 35 : (i) ttem 82) is modified by deleting Section 3.1.9.1 and replaiiiìg it witþ the following: "3.1.9.1 Bayham lndustrial Park The lands designated "lndustrial" on Schedule ?1" in Part Lots 19 and 20, Concession 1 1, are recognized as the main industrialarea of the Municipality of Bayham. ln addition to the policies of SeCtion 3.1.3, thè fóllowing criteria shall be applied to the development of these lands. ;í¡ .:i, a) The lands shall be developed in A manner which ensures access to interior lands and which is consistent with road networks in the neighbouring Town of Tillsonburg. b) Any proposed.development within 120 metres of the Big Otter Creek ANSI shall require an Environmental lmpact Study (ElS) in accordance with the policies of this Plan. Terms of reference for the EIS may be detailed upon consultation with the Conservation ' r: . ':Authority and Province through the one-window protocol. c) ' Parcels of land'adjacent to Provincial Highway 3 may also be äevetoped foi commercial purposes in accordance with the poiiðieb.of Section 3.1 .8 of the Official Plan. d) Develoþment will proceed by the plan of subdivision process for the creation of lots, All lots created by a plan of subdivision and adjacent to Provincial Highway 3 must be reverse frontage lots with no direct access to the highway. Access to the lndustrial Park will be by (a) new municipal road(s), intersecting a Municipal or County road at a location acceptable to the Ministry of Transportation." (ii) ltem 82) is modified by deleting the reference to "Section 2.7.3" in the first line of Section 3.1.9.3 and replacing it with "Section 3.1.3'. (iii) ltem 82) is modified by inserting in Section 3.1.9.3 (h) the following words after the word "buffering": "in the form of landscaping, fencing, or separation distances". Municipality of Bayham Official Plan Amendment No. l0' Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 178 of 381 (i) (¡) Modification # 36 Item 85) is modified by deleting the words "Talbot Line" in the third line of Section 3.3.1 and replacing them with "Provincial Highway 3." Item 85) is modified by deleting Section 3.3.3 and replacing it with the following: "Specific Policy Area No. 3 - Chateau Wyndemere The re-development of the former church retreat lands comprising 22.l hectares of land located south of Nova Scotia Line in Part Lot 6, 7, 8, Concession 1, will require an Official Plan and Zoning By-law amendment prior to any development. The approval authority will identify the required studies, through pre-consultation, prior to any amendment to this Plan, which shall i a minimum, the following. a) Studies completed to the of the Ministry of the Environment and the Municipality to the proposed sewage and water services in and 5.1 of the Otficial Plan. b) Completion of an Environmental with Section2.2.3.3 of the Official Plan. to the as per Section 2.6.3 of the Otficial Plan. An agricultural im to be completed to the satisfaction of the authority. Adequate and ate access to a public road. Ad entered into between the developer shall address, but is not limited to, with Sections 3.1.3.2 c) Cultural and archaeological assessments to satisfaction of the Minístry of Tourism and C and the d) e) f) (iii) (iv) vehicular access to lands. g) Pedestrian access to rwell Provincial Park, from the subject property, to be reviewed the Ministry Natural Resources." Item 85) is modified by adding the following at the end of the first sentence in Section 3.3.4: "...to a maximum of five (5) new lots". Item 85) is modified by adding the following sentence: "The proponent must demonstrate that MDS I has been satisfÏed." Modification # 37 (i) Item 89) is modified by deleting the word "urban" as it appears twice in Section 4.2.1.1 and replacing it with the word "Settlement". (ii) ltem 89) is modified by deleting the words "urban communities" in Section 4.2.2.1and replacing them with "Settlement Areas". Modification # 38 Item 90) is modified by inserting the word "existing" after the word "All" in Section 4.2.3.4. Municipality of Bayham Official Plan Amendment No. 10. Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 179 of 381 Modification # 39 (i) ltem 1 15) is modified by deleting the word "either" and deleting the word "or" and replacing itwith theword "and" in Section 5.1'2.2- (¡¡) ltem 1 15) is modified by inserting the words "the environment," after the word "threaten" in Section 5.1.4.1. Modification # 40 Item 117) is modified by deleting Section 5.2.3.2 and replacing it as follows: " 5.2.3.2 Provincial Hiqhwavs ln addition to all the applicable municipal requirements,.all proposed development located adjacent to and in the vicinity of a provincial highway within the Ministry of Transportation's (MTO) permit control area under the Public Transportation and Highway lmprovement Act (PTHIA) will also be subject to MTO approval. Early consultation with the MTO is encouraged to ensure the integration of municipal plannirig-.,inítiatives with provincial transportation planning. Any new areas in thê municipality identified for future development that are located adjacent to or,:in¡the vicinity of a provincial highway intersection within MTO's permit control area will be subject to MiO's þolicies, standards, and requirements¡ Direct access will be discouraged and often prohibited." Modificatton# 41 Item 1 19) is modified by inserting the following sentence after the second sentence of Section 5.3.1 : "The Munic.iþäiity supports the use of recognized building and development certification programs as means to increasing energy efficiéncy and decÈeàllng impacts of development on the environment." Modification # 42 Item 120) is méq¡f*r.eO by deleting Section 5.3.3.2 and renumbering 5.3.3.3 and Section 5.3.3-4. Modification # 43 llem 124) is modified by adding the following at the end of Section 6.1.10.1 c): "Seasonal structures are to be removed prior to winter freeze-up;" Modification# 44 (i) ltem 126) is modified by inserting the word "light" between the words "commercial and" and "industrial in Section7.1.1.2. (ii) ltem 126) is modified by inserting Section 7 '1.1'5 as follows: "To improve the overall energy efficiency and environmental impact of development, with particular emphasis on development in settlement areas." Municipality of Bayham Official Plan Amendment No. l0' 10 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 180 of 381 Modification # 45 Item 128) is modified by inserting the following: "section 8.2.1 is amended by deleting Section 8.2.1.4 and replacing it with the following: The boundaries of all Settlement Areas, as defined in Section 4 of the Plan, are deemed to be definitive and will be determined through the Municipality's digital mapping resources as illustrated on the attached land use schedules." Modification # 46 Item 132) is modified by including the word "shall" in Section 8.5.1.1 to read: "The municipality shall give notice...". 1;., ;,;,,. Modification # 47 ,*.:,,,, Item 141) is modified by adding the following to Section 8.6.1 .1 : "The creation of lots may only be granted for up to four (4) lots per parcel of land, exclusive of the retained lot (four severed and one retained). Fufther lots from the original parcel of land existing as of the date of e under a plan of subdivision a er ùatters, the feasibilitY of a mÛlative environmental , '.¡;.: lnfilling and Rounding Out ln areas without fuJl.services, development shall be limited to minor infilling, minor extensions, and rounding out of existing development. lnfilling shall mean the creation of a residential lot between two existing residences which are orl separated lots and which are situated on the same side of the road- Minor:èxtensions and rounding out shall mean the creation of lots adjacent to existing development which is intended to use the existing infrastructuï:nO results in a minor increase of the built-up atea." ta' : Modification # 48 Item 142) is modified by changing the number "14" to "2O" in the first and second sentences of Section 8.6.2.1. Modification # 49 Item 143) is modified by inserting the words: "severance does not result in the creation of a new lot, the" between the words, "provided the" and "severed and retained parcels" in Section 8.7.2.5. Modification # 50 (i) ltem 145) is modified by inserting "/unknown" between the words "known" and 11 Municipality of Bøyham Official Plan Amendment No. 10. Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 181 of 381 "active and former waste"; and, by adding the words: "where their location is known" at the end of the sentence in Section 8j0.2'1' (ii) ltem 145) is modified by inserting the words "or closed" after the word "operating" in subsection c). (iii) ltem 145) is modified by inserting the words "within 25 years of closure" after the word "redeveloped" in subsection d). Modification # 51 (i) ltem 146) is modified by inserting the words "in consultation with the public", after the words "comprehensive review" in the first line of Section 8.14.1.1. . 'i.,'i:'i<(ii) ltem 146) is modified by adding the following as the third bullet: "A full review of the Municipality's goals and objectives as outlined in Section 1.0 is reviewed for possible revision." Modification# 52 achievement, and Item 149) is modified by inserting the following: That Section 8.17.1.5 is amended þy gdding the following new subsection: "g) To provide accessibility for ñS with disabilities and/or the elderly" Modification # 53 Item 150) - Specific Policy Areas be'nùrñbéied on the Land Use Schedules for ease of reference. Item 150) - Verify the location of Big Otter Creek Life Science ANSI. Schedule "4" is modified to amend the boundary of the lndustrial designation Bayham lndustrial Park, to remove Lot21, Concession 11. Schedule "41" is modified to remove the Specific Policy Area designation on Part of Lots 6-8, Concession 1. Schedule "Al" is modified to reduce the Specific Policy Area designation in the "New England" Specific Policy Area. Schedule "A2" is modified by deleting 'Talbot Line' and replacing it with 'Provincial Highway 3'. Schedule D - Port Burwell to address MNR comment on the extent of the Specific Policy Area, which should apply to the land and not the water. Municipalíty of Bøyham Official Plan Amendment No. 10. t2 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 182 of 381 Kirkn ess Consulting Urban and Rural Planning 1tr7 Cedarcreek Crescenl, London, Ontario N5X OCB TEL: 519-672 6550 FAX 519 672-4290 E'MAIL: LKirkness(dfalrshawec,ca April4 2011 Mayor Paul Ens and Council Members Municipality of Bayham 9344 Plank Road, Box 160 Straffordville, ON NOJ 1YO Re: Comments for the Comprehensive Review - Official Plan comments regarding "Chateau Wyndemere Ltd." lands (formerly referred to as the Holy Cross lands) at 54637 Nova Scotia Line, west of Port Burwell, Municipality of Bayham, County of Elgin. Dear Mayor Ens and Council Members: Bayham staff have forwarded the most recent policy revised by the MMAH for the Comprehensive Review as ¡t pertains to the above property. We have reviewed it with the understanding that it is wording that MMAH has concluded, and would be amenable to approving same. Therefore, there appears to be no purpose served in asking for changes. Chateau Wyndemere Ltd. (CWL) is prepared to agree to the special policy in section 3.3.3, but would like to make the following points, which illustrates the time, expense and effort in preparing studies, to achieve the approvals for the 26-unit vacant land condominium (VLC) on 24 ha (60 acres). Chateau Wyndemere Ltd. wishes to express its appreciation for the assistance and leadership by the Municipality of Bayham over the last 5 years - since late in 2006 when CWL started the VLC Project. Council and Staff, along with their Planning Consultant Derek Dudek of lBl Group have been most helpful and open and we want to make sure you know that we appreciate the effort very much. Since the beginning of the Project we carried out the following 10 studies: a) Kirkness Consulting and Barry Wade Design - Planning and Background Report, April2007 b) Barry Scott - lawyer - examination of easement documents to provide legal access to the site from the public highway, June 2007 1. 2. Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 183 of 381 c) Art Bos Engineering - specialized engineering services for private sewage septic systems - March 2007 d) Trow and Associates Engineering - for slope stability geotechnical engineering - June 2007 e) Stantec Consulting - Preliminary Environmental lmpact Study for natural heritage - August 2O07, and significant further study on the Hop Tree, Hog-Nosed Snake and a variety of Fowlers Toad. f) Harry Huffman - for impacts on agricultural lands and activities, August 2007 g) Archaeologix lnc. -- for Archaeological study,February 2008 h)Trow and Associates Engineering - Hydro-geological Assessment, March 2008 Gunn and Associates -- Legalsummary of Title, February 2008 j) AGM Surveyors and Engineers - Servicing Options Report - for servicing, water and utilities - 2008 3. Chateau Wyndemere made an application to amend the Official Plan in June 2007 and then agreed, in February 2008, to have it be a part of the 5th year Comprehensive Review of the Official Plan. The Comprehensive Review has taken 3 years and notwithstanding CWL's appreciation for Municipal support, the time consumption has been significant, in terms of realizing any development potential on the subject lands. 4. ln reviewing sect¡on 3,3.3 MMAH drafted policy, we do have the following comments: a. Specifically, the studies referred to in items a, b, partly c, d, e, and f have been largely completed with the Studíes already carried out - referred to in Section 2' b. Specifically, the "cultural assessment" referred to in item c, was a study that we were advised by the MMAH would not be necessary, and now it appears they have changed their position. c. The site area is 24.37 ha(60.22 acresl contrary to the area quoted in the section 3.3.3., being22.L ha. lt may be the MMAH would refer to the lands by Municipal address rather that by "atea". d. We note the special policy symbol and graphic has been removed from the Mapping and we wonder about the prudence of this action in view of keeping the policy prominent and more noticeable, as it should be in a public document such as the Official Plan. Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 184 of 381 5. Lastly, we would like to advise that CWL now intends to prepare the Official Plan application and compile all of the studies completed, in order to move forward with the 26 unitVLC Project. This application would be accompanied by a Draft Plan of Condominium application and an application to amend the Zoning Bylaw. The Condo application would enable section 3.3.3, item f, to be achieved which is about entering into an Agreement with the Municipality. Again, we thank Bayham for its support to date and truly hope it continues. Respectfully, Kirkness Consulting Inc. Urban and Rural Planning Per: laverne Kirkness BES.RPP.MCIP. cc. Cameron Cross cc. Barry Wade cc. Derek Dudek cc. Margaret Underhill Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 185 of 381 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 186 of 381 OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM ADOPTED JULY 5, 2OO1 APPROVED AUGUST 15, 2OO2 FIVE YEAR REVIEW APPROVED indicates drafr Ministry Modifications lssued for final Review by Council February 2011 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 187 of 381 TABLE OF CONTENTS OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM SECTION I lntroduction............. ......1-1 1.1 Background ...........1-1 1.2 Purpose of the Plan... ................1-2 1.3 Basis of the Plan .......................1-3 1.4 Goals of the P1an............. ...,......1-4 SECTION 2 Resource Policies ........2-1 2.1 Agriculture Resources... ....,.......2-1 2.1.1 Land Use .....2-1 2.1.2 Livestock Operations and Nutrient Management.................. .......2-1 2.1.3 Farm-Related lndustrial and Commercial Uses.... ........................2-2 .................2-3 2.1.5 Agri-Tourism Operations ......................2-4 2.1.6 Division of AgriculturalParcels...... .......2-4 2.1.7 Farm Consolidation and Surplus Farm Dwe||ings............... .........2'5 2.1.8 Existing Lots............. ........2-6 2.1.9 Minor lot adjustments .......2-7 2.1.10 Supplementary Farm Dwellings..... .......2'7 2.2 NaturalHeritage Resources... .......................2-8 2.2.1 Natural Heritage Policies ................,.....2-9 2.2.2 lmplementation ............... ....................2-'10 2.2.3 Development App|ications................,. .................,..2-10 2.3 Water Resources... ..................2-12 2.3.1 Water Resource Policies ....................2-12 2.3.2 lmplementation ............... ....................2-12 2.3.3 Development App|ications.................. ....................2-13 2.4 MineralAggregate Resources... ..................2-13 2.4.1 General ......2-13 2.5 Petro eum and Sa t n"rorr"".... I ...................2-15 2.6 Cultural Heritage And Archaeological Resources ...........2-17 Official Plan of the Municipality of Bayham Revised 2009 Page i Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 188 of 381 I .......3-1 3.1.2 Land Use Designations and Map Schedules... .........3-1 3.1.3 General Policies That Apply to all Non-Resource Uses ........... ........................3-2 3.1.4 Estate Residential Uses........... ............3-4 3.1.5 Mobile Home Parks ..........3-6 3.1.6 SeasonalTravelTrailer Parks and Campgrounds.................. ......3-7 3.1.7 Recreational and lnstitutional Uses ......3-8 3.1.8 Commercial Uses........... ......................3-8 3.1.9 lndustrialUses............ ...3-10 3.2 Conservation Lands .......... ......3-11 3.2.1 Policies .......3-11 3.2.2 Permitted Uses........... ....3-12 3.3 Specific Policy Areas ...............3-13 3.3.1 Specific Policy Area No. I - Elliott Road.. ..............3-13 3.3.2 Specifìc Policy Area No. 2 - Port Burwell Harbour....... ..............3-13 3.3.3 Specific Policy Area No. 3 - Chateau \ArVndemere ....................3-14 3.3.4 Specific Policy Area No. 4 - New England .............3-14 SECTION 4 SettlementArea Policies ..................4-1 4.2 General Policies Applicable to all Settlement Areas .........4-1 4.2.1 All Development Forms .......................,4-1 4.2.2 Residential !.Jses,........... .. ....................4-1 4.2.3 Employment Uses ........... .....................4-2 4.2.4 lntensification and Redevelopment ......4-3 4.3 Group Homes......... ...................4-4 4.3.1 Policies .........4-4 4.4.1 General .........4-5 4.4.2 Residential Uses............ .......................4-7 4.4.3 Commercial Uses........... ......................4-8 Official Plan of the Municipality of Bayham Revised 2009 Page ii I Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 189 of 381 4.4.4 Open Space Uses........... ...'.....'.'......'..4-9 4.5.1 General ...'.'4-10 4'5'2 Residential """"""""""'4-11 4.5.3 Multi-Unit Residential.. ".'4-13 4.5.4 Harbour Residential/Commercial.... '...4-14 4.5.5 Commercial ...................4-15 4.5.6 lndustrial ....'4'17 4.5.7 lnstitutional ....................4-'18 4.5.8 Open Space ....................4-18 4.6 Mobile Home Parks and SeasonalTravelTrailer Parks........... ...........4-19 4.6.1 Mobile Home Parks ................4-19 4.6.2 Seasonal Travel Trailer Parks.......... .........'............4-21 SECTION 5 lnfrastructure, Public Service Facilities and Energy.. .......'..'.'..5-1 5.1 Sewage and Water... ...............'.5-1 5.1 .1 General . . .. . . . .. 5- 1 5.1.2 Municipalsewage services and municipalwater services....... .......................'.5-1 5.1.3 Partial Services (Sewers Only)........... .............'..'.'.'5-2 5.1.4 lndividualservices...... .'....5-2 5.2 Transportation................. .-....-...5-2 5.2.1 General '..""'5-2 5.2.2 Road System ................'...5-2 5.2.3 Road Classifications ......-'.5-2 5.2.4 Road Allowance Widths.. ......................5-3 5.2.5 Neighbouring Municipalities.................. ....."'............5-3 5.2.6 Subdivisions .".'..............'.5-3 5.2.7 Railways ......5-4 5.2.8 lmpacts on Heritage Resources ...........5-4 5.2.9 Unopened Road Allowances............ .......................'5-4 5.2.10 Plank Road ...............'.....'.5-4 5.2.11 Marina......... ....................'.5-4 5.2.12 Active Transportation...... .....'..'.'.'.-.......5-5 5.3.1 Energy Efficiency.... ..........5-5 5.3.2 Electric Power Facilities...... .........'........5-5 Official Plan of the Municipality of Bayham Revised 2009 Page iii Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 190 of 381 5.3.3 Renewable Energy Systems ...............5-5 5.3.4 Large-Scale Renewable and Alternative Energy Systems ..........5-6 5.3.5 Small Scale Wnd Energy / Renewable and Alternative Energy Systems...... ......................5-7 SECTION 6 NaturalHazard Lands.......... ...........6-1 6.1 Hazard Lands Designation.......... .................6-1 6.1.1 General .........6-1 6.1.2 Buildings and Fill ..............6-1 6.1.3 Flood ControlWork.......... .....................6-1 6.1.4 Land Dedication Under the Planning Act............... .......................6-1 6.1.5 Setbacks and Lotlines ......6-2 6.1.6 Consideration of Amendments............. ....................6-2 6.1.7 Valley Walls and Top of Bank. ......... .......................6-2 6.1.8 Lake Erie Shoreline ..........6-3 6.1,9 Development Policies ......6-4 6.1.10 Docks and Waterfront Structures .........6-5 6.2 Floodway/Flood Fringe..... ........6-6 6.2.1 General .........6-6 6.2.2 Floodway ......6-6 6.2.3 Flood Fringe .....................6-7 SECTION 7 Community lmprovement .................7'1 7.1 Community lmprovement Goals and Objectives................ ...................7'1 7.1.1 Goa1s.......... ......................7-1 7.1.2 ResidentialObjectives ......7-1 7.1.3 Commercial Objectives... ......................7-2 7.1.4 Other Objectives............ .....................,.7-2 7.2 Criteria for the Selection of Community lmprovement Areas ...............7-3 7.2.1 ResidentialCriteria ...........7-3 7.2.2 CommercialCriteria........ ......................7-3 7.2.3 Other Criteria .................. ......................7-3 7.3 Delineation of Community lmprovement Areas....... ..........7'4 7.4 lmplementation............... ..........7-4 7.4.1 Policies .........7-4 SECTION 8 lmplementation....... ......8-1 8.2 lnterpretation .........8-1 Official Plan of the Municipality of Bayham Revised 2009 Page iv Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 191 of 381 8.2.1 Boundary lnterpretation .......................8-1 8.2.2 Other........... ......................8-1 8.3 Delegation of Authority. ............8-2 8.3.1 Policies .........8-2 8.4 Zoning By-1aws....... ..................8-2 8.4.1 Comprehensive Zoning By-1aw......... ........................8-2 8.4.2 Non-Conforming Uses ....'.8-2 8.4.3 Specific policy areas. ........8-3 8.4.4 Committee of Adjustment................... ......................8-3 8.5 Amendments, Notice Requirements, Public Participation and Appeals ....................8-3 8.5.1 Amendments.................. ......................8-3 8.5.2 Notice Requirements for Comprehensive Official Plan Amendments, Comprehensive Zoning By- lawAmendments & Community lmprovement Plans and Amendments............. ...........8-4 8.5.3 Notice Requirements for Site-Specific Official Plan and/or Zoning By-law Amendments ....8-5 8.5.4 Notice Requirements for Official Plan Updates, Zoning By-law Updates (Five Year Reviews) & Development Permit Systems...... ......................8-5 8.5.5 Appeals....... .....................8-5 8.6 Plans of Subdivision ..................8-6 8.6.1 Policies .....'.'8-6 8.6.2 Public Notification Procedure .............. .....................8-6 8.7 Consents and the Creation of New Lots............. ...............8-7 8.7.1 Elgin Land Division Committee... ..........8-7 8.7.2 Policies ........8-7 8.8 Maintenance and Occupancy Standards ......8-8 8.8.1 General ........8-8 8.8.2 By-1aw......... ......................8-8 8.9 Non-Conforming Uses...... ........8-9 8.9.1 Policies ........8-9 LlO Municipalservices, Public Health Programs and PublicWorks .....8-10 8.10.1 General ......8-10 8.10.2 Waste DisposalSites............ ..............8-10 8.11 Phasing of Development............... ..........8-11 8.12 Ontario Building Code........... ..................8-11 Ll3 Legislation Pursuanttothe MunicipalAct........ ...........8-11 8.14 Official Plan Review ........'...8-11 8.14.1 General ......8-11 Official Plan of the Municipality of Bayham Revised 2009 Page v Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 192 of 381 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 193 of 381 SECTION 1 INTRODUCTION ,1.1 BACKGROUND The Municipality of Bayham occupies 248 km2 on the north shore of Lake Erie at the eastern end of Elgin County. The Municipality came into existence in 1998 as an amalgamation of the three separate municipalities formerly known as the Township of Bayham, the Village of Port Burwell, and the Village of Vienna. The population of the municipality in 2006 was6727 according to Statistics Canada. The projected population for the Municipality by the year 2027 is 9196 based on extrapolation of recent growth rates. Prior to 1983, the three municipalities were members of the East Elgin Planning Area as defined by the Treasurer of Ontario in 1973. The planning area also included the Townships of Malahide and South Dorchester, and the Village of Springfield. The East Elgin Official Plan was approved by the Minister of Housing in 1976 and provided the first set of comprehensive community planning policies for these municipalities. Upon the coming into force of the Planning Act, 1983, the East Elgin Planning Area ceased to exist. Eventually all six of the municipalities in East Elgin adopted individual Official Plans. Several amendments to the Official Plans of the three municipalities amalgamated into the Municipality of Bayham were necessitated by changing local circumstances and development pressures. Changes in planning policy guidelines established by the Province of Ontario also contributed to the need for an updated set of planning policies for the new Municipality of Bayham. The policies and land use designations included in this Official Plan have been prepared to guide development in the Municipality of Bayham for the ten-year period between 2001 and 2011. Al the end of this period the policies of the Offìcial Plan should be reviewed for their relevance and effectiveness. Background data and population projections should also be updated at this point. A five year review of the Official Plan was initiated in2007 in accordance with the Planning Act with an emphasis on aligning the policies of the Official Plan with the Provincial Policy Statement 2005. For the most part, this Official Plan recognizes that the predominant use of land in the Municipality will be agricultural in nature. Several policies have been incorporated in the Official Plan for the specific purpose of preserving productive farmland for agricultural purposes. The continued development and revitalization of the Municipality's urban areas, notably Straffordville, Vienna Official Plan of the Municipality of Bayham Revised 2009 Page 1-1 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 194 of 381 and Port Burwell is also of strategic importance. These areas are characterized as villages in the Official Plan, and consist of concentrated urban uses, particularly residential, local commercial and tourist commercial types of development. These villages will become either fully or partially serviced with municipal sewers and piped water during the planning period. Most of the future non-farm development in the municipality should therefore be focused on Straffordville, Vienna and Port Burwell. Some additional urban types of development will also be established and maintained in suburban areas and in the hamlets. 1.2 PURPOSE OF THE PLAN The purpose of the "Official Plan of the Municipality of Bayham" is to provide policy direction to Municipal Council and the general public on matters related to land use, development and redevelopment in the Municipality. To this general purpose the Offìcial Plan is intended: a) to ensure that future development and redevelopment in the Municipality of Bayham occurs in an orderly and controlled manner in accordance with principles of good planning; b) to recognize encourage and support the agricultural industry as the primary economic activity in the Municipality of Bayham; c) to provide a policy framework that encourages the preservation and utilization of good agricultural lands for agricultural production; d) to provide a policy framework for the development and expansion of other economic sectors such as tourism, the harbourfront, transportation and petroleum exploration; e) to bring local planning policies into conformity with the broader planning policies and guidelines issued and revised from time to time by the Province of Ontario; Ð to provide community improvement goals, objectives and implementation policies which will contribute to the stabilization, preservation and improvement of existing and viable residential, commercial, industrial, harbourfront and recreational areas in the Municipality of Bayham; g) to designate major land use categories and areas that reflect the probable future needs and demands on land and resources in the Municipality of Bayham; h) to maintain and strengthen the existing pattern of identifiable communities and the agricultural character of the municipality; i) to streamline the local planning process and to make the process more accessible and understandable to the general public; j) to provide the basis for the preparation of comprehensive zoning by-laws regulating Official Plan of the Munic¡pal¡ty of Bayham Revised 2009 Page 1-2 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 195 of 381 the use of land and the type, size and location of buildings and structures. to protect and preserve properties, structures and buildings of historical, cultural and architectural significance. to promote and secure the health, safety, convenience, welfare and quality of life of residents and visitors; to promote and facilitate the expansion and diversification of the economy and tax base in the Municipality; to qualify the Municipality for various programs funded by senior levels of government that will allow the Municipality to attain its social and economic priorities; to provide a base for programming the expansion and upgrading of municipal services that recognizes the Municipality's financial capabilities and prevents development which would require disproportionately costly public services because of the location or type of use; to inform residents of the Municipality of the policies that affect the physical development of land in the Municipality; to ensure that land use conflicts are avoided and the natural and man-made environments are protected; to ensure thatthe Municipality's resources are rationally used and its naturalfeatures protected. 1.3 BASIS OF THE PLAN The "Official Plan of the Municipality of Bayham" is based in parl on a Background Study, which forms the principal appendix to the Plan. The Background Study essentially comprises an analysis of population and household growth trends and projections. For the most part, however, the orientation and policy emphasis of this Official Plan is based on the Municipality's experience in the administration of a comprehensive community planning program over the previous 20 years, and on guidelines and the Provincial Policy Statement published by the Province of Ontario. Among these guidelines and policies are those relating to the delineation of floodlines; the designation of aggregate resource areas; community improvement strategies; and, the preservation of productive agricultural land resources. All of the aforementioned policy guidelines have influenced the preparation of this Plan. The designation of aggregate resource areas and associated land use policies were based on Ministry of Natural Resources guidelines, while the community improvement policies forming Section 6.0 of this Plan were developed from guidelines provided by the Ministry of Municipal Affairs and Housing. Offcial Plan of the Munic¡pal¡ty of Bayham Revised 2009 Page 1-3 k) m) n) o) p) q) Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 196 of 381 Centralto the Offìcial Plan, however, are the agricultural and urban land use policies, which are based on the Provincial Policy Statement, developed by the Ontario Ministry of Municipal Affairs and Housing and in effect at the date of adoption of this Plan. The Provincial Policv Statement constitutes a policy statement of the Government of Ontario on "land use planning and development". Words or phrases that appear in italic type in the text of the Official Plan are more specifically defìned in the Provincial Policy Statement 2005. Reference to the Provincial Policy Statement 2005 will assist in the interpretation of this Official Plan. 1.4 GOALS OF THE PLAN Based on the considerations discussed above, the background study appended to this Plan, and considerable input provided by Municipal Council, the following goals have been developed to give direction in the implementation of the policies of this Official Plan: to minimize land use conflicts in all areas of the Municipality while accommodating, wherever possible, the various demands for land and resources as they arise; to maintain the natural environmental character of the Municipality; to place a high priority on maintaining or initiating agricultural production on high quality agricultural lands; to guide the allocation and utilization of the Municipality's natural resources so as to maximize benefits to residents of the Municipality; to stabilíze, preserve and improve existing and viable residential, recreational and commercial areas in the Municipality; to encourage public awareness and input in the local planning process. to develop, redevelop and improve the Municipality in a mannerwhich preserves the environment of the Municipality as desired by its residents; to protect and enhance the Municipality's natural heritage features and their ecological functions; to protect and enhance air, soil, and water quality; a) b) c) d) e) f) s) h) Official Plan of the Municipality of Bayham Revised 2009 Page 14 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 197 of 381 k) m) to promote renewable and alternative energy, energy efficiency and resource conservation; to provide for the housing needs of the Municipality's residents in a manner that recognizes the needs of residents, the level of services available, and the ability of the Municipality to accommodate growth in an orderly and controlled manner; to protect existing and future property owners from damage to property, which could result from the development of lands susceptible to natural hazards. to facilitate the future development of the Lake Erie shoreline and land adjacent to Big Otter Creek within Port Burwell and Vienna for public and private recreation and commercial uses, while preserving the scenic character of these lands, and preventing incompatible permanent development on lands subject to natural hazards. Offìcial Plan of the Municipal¡ty of Bayham Revised 2009 Page 1-5 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 198 of 381 SECTION 2 RESOURCE POLICIES 2.1 2.1.1 AGRICULTURE RESOURCES Land Use 2.1 .1.1 The "Agriculture" designation shown on Schedule "41" Municipality of Bayham Land Use of the Official Plan shall apply to specialty crop areas and prime agriculturalareas in the Municipality. etv'tunicipatityofBayha aswell"t"lt ffil lands (Canada Land ln as they nave | ÏF'l ming purposes and exh g agricultural l- uses. 2.1 .1.2 All types, sizes, and intensities of agricultural uses and normalfarm pracfrbes will be permitted and encouraged in the "Agriculture" designalion. Agriculture-related uses and secondary uses will also be permitted in the "Agriculture" designation provided they are compatible with agricultural uses and do not contribute to land use conflicts. These uses may include surplus farm dwellings on separate lots, agricultural home occupations, and farm-related industrial and commercial uses. 2.1.1.3 The Municipality recognizes the importance of soil, |T l foragriculturaluses. Anyremovaloralteration eM I lf'lt-the regulations of the Zoning By-law and t ng encouraged to consult with the Conservation Authority on matters of large scale tree planting. 2.1.1.4 Proposals for new or altered land uses in the "Agriculture" designation other than those contemplated by subsection2.1.1.2 of the Official Plan will require an amendmentto the plan which must be justified on the basis of not including any specialty crop areas; no appreciable loss of pnme agricultural lands; and/or a growth related demand for the agricultural lands; and/or documentation showing that the subject lands are not part of a prime agricultural area Official Plan Amendments that are justified on the basis of growth related demand must also consider an assessment of reasonable alternative locations, which either avoid, or impact lower priority prime agricultural lands. ln considering an Official Plan amendment, the new proposed or later land use must also demonstrate compliance with the Minimum Distance Separation Formula L 2.1.2 Livestock Operations and Nutrient Manaqement 2.1.2.1 Livestock operations shall be characterized by the raising, keeping or propagation of animals and poultry for profit as listed in the Factor Tables (Table 1 ) found in the Minimum Distance Separation lmplementation Guidelines as amended from time to time. Without limiting the number or specifìc Official Plan of the Mun¡cipality of Bayham Revised 2009 Page 2-1 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 199 of 381 type of animals and poultry, the table of units is normally characterized to include beef, dairy cattle and veal; laying and broiler chickens, turkeys, ducks, ostrich and emus; swine including sows, weaners, boars, and feeder hogs, horses, goats, sheep, mink, rabbits and fox. 2.1.2.2 Minimum Distance Separation Formulae - The Minimum Distance Separation Formulae are to be applied in any land use designation where livestock is a permitted use. And: a) The keeping of livestock in a hobby farm context is permitted in connection with both farm and non-farm residential uses provided the complement of livestock I complies with the regulations of the M.D.S. ll.any animal or fowl that are inimum Distance Separation Formulae tables will be considered as livestock. MDS 1 is not applied to existing lots, surplus farm dwelling severances, within designated settlement areas, or where all or part of a dwelling is destroyed by catastrophe provided the dwelling is located no closer than before the catastrophe; MDS 2 is not applied where all or part of a livestock facility is destroyed by catastrophe unless the odour potential, nutrient units, or manure storage factors are increased; For the purposes of MDS 2, cemeteries that are closed or receive low levels of visitation will be considered a Type A land use as per the Minimum Distance Separation Formulae. 2.1.2.3 Nutrient Manaqement - Prior to the issuance of a building permit, the establishment of a new or expanding livestock operation including buildings used for the housing of livestock or storage of nstructionofan efacility,thatareinexcessofS -a nutrient man or plan in accordance with the I il[ I nd any regulati such Act, including Regulation I ou I 267t03. 2.1.3 Farm-Related lndustrial and Commercial Uses 2.1.3.1 The Municipality shall permit in the area designated "Agriculture" the establishment of farm-related industrial and commercial activities as described in Section 2.1.1.2 which are small scale and directly related to the farm operation and required in close proximity to the farm operation. Only "dry" farm-related industrial and commercial uses will be permitted. 4 "dry" use shall be defined as a use that does not require waterfor cooling, washing, and processing and whose subsurface sanitary sewage disposal systems are used solely for the domestic waste generated by employees. Official Plan of the Municipality of Bayham Revised 2009 Page 2-2 E b) c) d) Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 200 of 381 2.1 .3.3 The general principles to be considered in the development and zoning of farm related industrial and commercial uses as described in Section are as follows: e) The Zoning By-law shall provide separate sets of zone regulations for farm-related industrial and commercial uses. These regulations should prescribe a low building to lot ratio; f) Uses which create adverse off-site environmental effects such as air pollution, noise, odour, or generate excessive solid or liquid wastes either in volume or toxicity will not be permitted; g) The proposed potable water treatment and supply system; method of sanitary sewage collection, treatment and disposal; solid waste disposal; and any emissions to the environment shall meet the requirements of, and where necessary, be approved by the Ministry of the Environment or its delegated authority. h) Adequate off-street parking will be provided to accommodate customers and employees, however, the use should not generate high volumes of vehicular traffic; i) The proposed use will comply with the M.D.S. l, and adequate buffering shall be provided between the farm related industrial or commercial area and adjacent uses to prevent land use conflicts; 2.1.4.1 Several small-scale institutional uses such as churches, cemeteries and schools existwithin the "Agriculture" designation. These uses typically serve local rural populations and have limited conflicts with adjacent agricultural or rural uses. These uses will be zoned in a site-specifìc fashion consistent with their low building coverage to lot area ratio. Official Plan of the Municipality of Bayham Revised 2009 Page 2-3 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 201 of 381 2.1.5 Aq ri-Tourism Operations 2.'1.5.1 The Municipality supports on-farm diversification through the establishment of agri-tourism operations. Such operations are defined as agricultural, horticultural or agri-business operations used for the purpose of enjoyment, education or active involvement in the activities of the farm where the principle activity on the property remains as farming and where products used in the activity are produced on the property or related to farming. Such activities may include: farm tours; processing demonstrations; pick-your-own-produce; a hay or corn maze; petting zoo; hay rides and sleigh, buggy or carriage rides; and a farm theme playground for children. The following policies apply to the establishment and use of agri{ourism operations: a) Small-scale agri-tourism uses will be permitted as-of-right on farm properties. Permitted uses will be established in the Zoning By-law. b) Large-scale, intensive agri-tourism uses may be permitted subject to a Zoning By- law amendment. Scale of the use will be determined by issues such as building area, size, and non-agricultural components of the use. Any non-agricultural components must adequately demonstrate how they contribute to the viability of the farm operation and will not contribute to land use conflicts with surrounding agricultural uses. Such uses will also be subject to site plan control; c) Agri-tourism uses shall be designed in a manner which does not detract from the agricultural character of the surrounding area in which it is located. ln order to achieve design integration, site plan control measures may be used which relate to issues such as signage, buffering, parking, and building location. d) Agri-tourism operations will not be permitted to be severed as the intent of such uses is to remain as a secondary, integral part of the primary farm operation. 2.1.6 Division of Aqricultural Parcels 2.1.6.1 lt is a policy of this Plan to discourage the division of large farms into smaller holdings and to encourage continued farm use. However, the severance of surplus farm dwellings pursuant to the process of farm consolidation shall be permitted in accordance with the policies of Section 2.1.7 of this plan. Offìcial Plan of the Municipality of Bayham Revîsed 2009 Page24 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 202 of 381 2.1.6.2 The assembling and disassembling of agricultural land into more effìcient or more productive farming units may be permitted. ln considering applications to divide agricultural parcels of land the Municipality shall have regard to: 2.1.7 Ð The need to discourage the unwarranted fragmentation of farmland; g) The agricultural capability of the land; h) The type of agricultural activity engaged in and proposed to be engaged in; i) Both the severed and retained parcels must be sufficiently large enough to permit flexibility for future changes in the type or size of the farming operation, in order to meet changing economic conditions; j) The severed and retained parcels are both suitable for the type of agriculture use(s) common in the area and the farm size is appropriate for the type of agriculture operation proposed; k) The requirements of the Planninq Act; l) The minimum farm parcel size as established in the Zoning By-law; m) The Minimum Distance Separation Formula l. Farm Consolidation and Surplus Farm Dwellinqs 2.1.7.1 ln accordance with the Provincial Policy Statement, farm consolidation shall mean the acquisition of additionalfarm parcels to be operated as one farm operation. Farm consolidation may result in the identification of existing farm dwellings that are rendered surplus to the consolidated farm operation. Consents to sever and convey existing farm dwellings which were built and occupied before the adoption of this plan (July 5, 2001), and which are surplus to a consolidated farm operation, may be permitted withín the "Agriculture" designation in accordance with the following criteria: a) ln the opinion of Municipal Council, a land use conflict shall not be created with agricultural operations or other existing land uses in the immediate area of the subject lands; b) Only one surplus farm dwelling may be severed pursuant to each corporate farm consolidation; c) A minimum of one existing farm dwelling within the "Agriculture" designation in the Municipality of Bayham must be retained by the proponent corporate farm operation, or a registered owner of the proponent corporate farm operation; d) No more than one severance of a surplus dwelling shall be allowed from a farm Off cial Plan of the Municipality of Bayham Revised 2009 Page 2-5 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 203 of 381 parcel regardless of changes in boundary or ownership. 2.1.7.2 The severed lot with the surplus farm dwelling shall: a) Be no larger than is necessary to support a private sanitary sewage treatment and disposal system as determined by the appropriate approval authority, and be serviced by a potable water supply; b) Meet the provisions of the MDS 1; c) Be rezoned in a Rural ResidentialZone in the Zoning By-law of the Municipality of Bayham; 2.1.7.3 The severed lot with the surplus farm dwelling may: a) lnclude accessory buildings and structures if in the opinion of Municipal Council a land use conflict will not be created; and b) \Â/here the property has been rezoned to prohibit the keeping of livestock 2.1.7.4 All parcels of property constituting the retained agricultural lands shall: a) Comprise a total minimum area in the same name and title of 20.0 hectares (50 acres) if zoned Agricultural (41) or 40.0 hectares if zoned Agricultural (41-A); b) Meet the provisions of the Agricultural (41 / A1-A) Zone regulations of the Zoning By- law of the Municipality of Bayham; c) Be rezoned to prohibit the placement, development, or establishment of any additional type or form of residential dwelling units thereon, regardless of changes in property boundary or ownership. 2.1.8 Existinq Lots 2.1.8.1 One non-farm residential unit may be considered on existing lots of record in areas designated "Agriculture", provided the following criteria are met: a) The lot was in existence as of the date of adoption of this Offìcial Plan; b) The building permit will comply with the Minimum Distance Separation I formula; and, c) The lot must be suitable to support a private sanitary sewage treatment and disposal system as determined by the appropriate approval authority, and be serviced by a potable water supply. Official Plan of the Municipality of Bayham Revised 2009 Page 2-6 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 204 of 381 2.1.9 Minor lot adiustments 2.1.9.1 Consents to sever and convey land in areas designated "Agriculture" shall be permitted for minor lot adjustments, minor lot additions, minor boundary changes, easements and rights of way, technical severance or correction of title, provided no new conveyable lot(s) are created. 2.1.10 Supplementarv Farm Dwellinqs 2.1 .10.1 The Municipality supports the erection or placement of additional dwellings on farm parcels where the size or nature of the farming operation warrants additional dwellings. Such dwellings may only be permitted by a minor variance to the Zoning By-law and may not be severed from the farm operation. Such dwellings may be temporary dwellings in the form of a mobile home or modular home; or a permanent dwelling in the form of a converted dwelling or bunkhouse. Farming operations shall refer to any parcels owned, or owned in part by an applicant. Establishment of supplementary farm dwellings will be permitted subject to the following criteria: a) Â/eed Sufficient information must be provided which outlines how the type, scale, and/or size of the farm operation warrant the need for a supplementary farm dwelling; b) Existinq dwellinqs: Suffìcient justiflcation must be provided to show how any existing supplementary farm dwellings that are part of the farming operation can't satisfy the housing needs of the farming operation; c) Location'. Sufficient justification must be provided to show how the location of the supplementary farm dwelling makes efficient use of existing services and infrastructure and how the location will not impact surrounding land uses. Preference will be given to close proximity to principal farm dwellings and the use of natural landscaping to buffer temporary dwellings from surrounding land uses; d) Size andtvpe: The supplementary farm dwelling unit is of a minimum size and type that can accommodate both health unit and building code requirements, and shall be no larger than necessary to accommodate the needs of the temporary farm help residing in the dwelling. Preference will be given to temporary dwellings, or alternatively permanent dwellings that are one storey in heightwith a maximum floor area of approximately 167m2 (1800ft'); e) Services: The supplementary farm dwelling must demonstrate an adequate supply of potable water and sanitary sewage disposal system to the satisfaction of the Municipality. Preference will be given to dwellings which can make use of existing servrces: Official Plan of the Municipality of Bayham Revised 2009 Page 2-7 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 205 of 381 Vehicular access: The supplementary farm dwelling must demonstrate how vehicular access will not contribute to any traffic-related hazards to the satisfaction of the appropriate road authority. Preference will be given to the use of existing driveways. 2.1 .10.2 The Municipality may enter into an agreement with the applicant relating to such matters as location, maintenance, buffering, removal, and period of occupancy of any dwellings, as well as any other matters deemed appropriate to ensure that the dwelling is used for its intended purpose of providing housing for farm help. 2.2 NATURAL HERITAGE RESOURCES ln accordance with the policies of Section 2.1 of the Provincial Policy Statement 2005, this Plan shall recognize lhe natural heritage features and areas of the Municipality and protect them from incompatible development. Natural Heritage resources include . Significant Wetlands; . Significant Habitat of endangered or threatened species; , :l:llï:llfi*fir1r,. .sc c nees ANS s All of the above features where found in the Municipality are designated as such on Schedule "Al " to the Plan. The Municipality currently recognizes the following natural heritage features: Type Name Area (ha)Description Provincially Significant Life Science ANSI Big Otter Creek 647 Located northwest of Eden - an excellent example of a river valley system with adjoinlng uplands and exceptional deciduous bottomlands withln the Norfolk Sand Plain physiographic region. Locally Significant Life Science ANSI L¡ttle Jerry Creek 130 River valley habitats with natural vegetation intact located where the Little Jerry Creek empties in Big Otter Creek near Richmond Locally Significant Life Science ANSI lroquois Beach Located within Port Burwell Provincial Park - Low lying wet strands vegetated with wet sedge meadows, marshes and shrub thickets are separated by drier, sandy meadows on low ridges. Significant Wetlands Wetland Complex I Located southeast of Straffordville along headwaters of the South Otter Creek - made up of 10 individual Locally Sign¡ficant Woodlands Eden Woods 92.7 Located northwest of Eden along headwaters of the Big Otter Creek - consisting of a gently rolling well drained sand plain, with dissected stream valleys and pond. Upland valley slope, crest mixed forests, valley bottom, pond swamp thicket, marsh and aquatics. Exh¡bits southern and Carolinian biota, with Official Plan of the Municipal¡ty of Bayham Revised 2009 Page 2-8 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 206 of 381 regionally sign¡f¡cant fl ora Locally Significant Woodlands Bayham Swamp Forest 54 Locally Significant Woodlands Bayham Townline Woods 424 Located along the banks of the South Otter Creek between Jackson Line and Tunnel Line - This site is typified by gently rolling sand plain terrain with frequent wet depressions and basins. An incised stream valley passes southeastwards through the site. The moist depress¡ons and bas¡ns throughout the site generally support seasonal swamps, but very locally there are perennial swamp and marsh communities. Locally Signifìcant Woodlands Buxbaumia Woods 48 Located in an upland area loosely bounded by Coyle Road, V¡ncent L¡ne, County Road 55 and Heritage Line - This site includes sand plain and ridge forests on a moraine landform created by a former glacial lake. The combination of the beach deposits and the moraine make this area regionally significant. Both features are signifìcant separately as these deposits are not common in Elgin County. Locally S¡gnificant Woodlands Goldie's Fern Woods 45 Located southeast of Vienna and bounded by two deeply incised ravines that empty into the South Otter Creek - This site exhibits good examples of sand plain deciduous forests with a rich fern ground layer. Locally Significant Woodlands Little Jerry and Big Otter Creek Complex 733 Located along 4km of the valley of Little Jerry Creek above its confluence with Big Otter Creek, and about 13 km of the valley of Big Otter Creek below the Big Otter Creek ANSI, The site conta¡ns good examples of incised valley forests of the Carolinian zone Locally Significant Woodlands Little Otter Creek Valley Complex 1105 Located all along the L¡ttle Otter Creek Valley and forming a complex which forms a more or less continuous wooded valley for about 18 km, as well as a number of incised tributary ravines and adjacent upland. The vegetation communities of the ¡ncised valleys are some of the best examples in Elgin County. Locally Significant Woodlands Straffordville Woods 336 Located southeast of Straffordville - The site contains good examples oftypical rich upland sandy deciduous forests ofthe Norfolk Sand Plain. Locally S¡gnificant Woodlands Vienna Pawpaw Stand 12 1 Cluster of pawpaw trees found along the Big Otter Creek floodplain. Represents the only stand ofpawpaw trees found in Elg¡n County Locally Significant Woodlands Vienna Woods A small wooded area just west of the Village of Vienna supporting var¡ed vegetation communities 2.2.1 Natural Heritaqe Policies 2.2.1.1 The Municipality of Bayham shall adopt and implement the terms of Section 2.1 of the Provincial Polícv Statement. 2.2.1.2 Municipal Council shall encourage the designation and protection of natural heritage features and areas in order to increase diversity, connectivity and physical area of the natural heritage land throughout the Municipality. 2.2.1 .3 Municipal Council shall encourage the use of a natural heritage systems approach for the protection and enhancement of natural heritage features and/or the direction for development ¡n the Official Plan of the Municipality of Bayham Revised 2009 Page 2-9 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 207 of 381 Municipality. The Municipality shall rely on the expertise of the Ministry of Natural Resources and the Long Point Region Conservation Authority in identifying potential natural heritage features. 2.2.1.4 Municipal Council shall discourage developmenf and site alteration in, or adjacentlo natural heritage features and areas. 2.2.2 lmplementation 2.2.2.1 Municipal Council shall implement the natural heritage policies of this Plan through participation in provincial and federal programs related to natural heritage conservation. 2.2.2.2 ln addition to promoting co-operation with individual property owners in the preservation of natural heritage resources, Municipal Council shall also give consideration to the effects of public works on natural heritage resources in the municipality. 2.2.2.3 Municipal Council may utilize any of the following planning tools to promote or preserve natural heritage resources in the municipality: a) conditions of consent and subdivision approval and consequent agreements; b) provisions related to site plan control; and, c) standards, definitions and regulations in the Municipality's Zoning By-law. 2.2.3 Development Applications 2.2.3.1 Council shall circulate all development plans to the appropriate authority, under the One-\Mndow Protocol, for their review and comments related to any potential natural heritage significance on the subject lands. 2.2.3.2 Developmenf or sife alteration will not be permitted in: a) significant wetlands,signifìcant habitat of endangered species and threatened species. The Ministry of Natural Resources is responsible for identifying habitat of endangered species and threatened species and approvals in such habitat. The habitat of endangered species and threatened species is not mapped on any schedules to the Official Plan. b) fish habitat except in accordance with provincial and federal requirements. c) significant woodlands, significant valleylands, significant wildlife habitat, or significant Areas of Natural and Scientific lnterest (ANSI's) unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological E Official Plan of the Municipality of Bayham Revised 2009 Page 2-1O Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 208 of 381 functions. 2.2.3.3 Planning Act applications that propose development or site alteration within 120 metres of features and areas outlined in Section 2.2.3.2shall not be permitted unless the applicant evaluates the ecological function of the adjacent lands and demonstrates that there will be no negative impacts on the natural features or their ecological functions for which the area is identified. An Environmental lmpact Study shall be undertaken by qualified individuals and approved by the Municipality to demonstrate the impacts and shall address the following: a) Description of the development and its purpose; the nature and duration of the potential impacts to the site, adjacent lands and ecological processes; as well as the cumulative effects of the proposed development. b) a description of, and a statement of the rationale for: 1. the development; 2. the alternative methods of carrying out the development; and 3. the alternatives to the development. c) a description of: 1. the environment including ecological processes, that will be affected or might reasonably be expected to be affected; 2. the effects of that will be caused, or that might reasonably be expected to be caused to the environment, including ecological processes; and 3. the actions that are necessary or that may be reasonably be expected upon the environment, including ecological processes, of the development. 2.2.g.4 Development or site alteration in, or withi metres of significant woodlands, will require l-ffi] written approval from Municipal Council, consult with Elgin County, the appropri"," lgl conservation authority and/or the Ministry of Natural Resources regarding any such development proposals. 2.2.3.5 Nothing in this Plan is intended to limit the ability of existing agricultural uses to continue; normal farm practices to be undertaken in or adjacent to significant woodlands; or to prohibit the harvest of woodlands products in a manner that is sustainable and in accordance with any applicable by-laws. ln addition, the severance of land for agricultural purposes will not require any demonstration of negative impacts, provided there is no development proposed as part of the application. Official Plan of the Municipality of Bayham Revised 2009 Page 2-11 E Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 209 of 381 2.3 WATER RESOURCES ln accordance with the policies of Section 2.2 of lhe Provincial Policv Statement, this Plan shall endeavour to recogniz und water features, d natural heritage l- features the ecologicaland hy watershed.These I M[ I features Ground Water Featur the Plan upon their | +rz I availability. 2.3.1 Water Resource Policies 2.3.1.1 The Municipality shall adopt and implement the terms of Section 2.2 of the Provincial Policv Statement. 2.3.1.2 The Municipality shall encourage the designation of surface water features and ground water features in order to protect, improve, and restore the quality and quantity of water throughout the Municipality. 2.3.1.3 The Municipality shall encourage efficient and sustainable use of water resources including water conservation, sustaining water quality, and encouraging stormwater management practices which minimize water volume and contaminant loads while using increased vegetation and pervious surface materials. 2.3.1.4 The Municipality shall discourage developmenf and sife alteration on or adjacenllo suiace water fe atu re s and g ro u n d w ate r fe at u re s. 2.3.1.5 Pursuant to the Beds of Navioable Waters Act, the waterbed of navigable waterways is claimed as Provincial Crown Lands. Any alterations to navigable waterways which alter the alignment or shape of the channel cross section shall be approved by the Conservation Authority and the Ministry of Natural Resources. 2.3.2 lmplementation 2.3.2.1 The Municipality may utilize any of the following planning tools to protect, improve, or restore the water resources of the municipality: d) conditions of consent and subdivision approval and consequent agreements; e) provisions related to site plan control; and, 0 standards, defìnitions and regulations in the Municipality's Zoning By-law. OffÌcial Plan of the Municipality of Bayham Revised 2009 Page 2-12 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 210 of 381 2.3.3 Development Applications 2.3.3.1 Council shall circulate all development plans to the Long Point Region Conservation Authority, for their review and comments related to any potential impact on designated su¡face waterfeatures or ground water features. 2.3.3.2 Development or site alteration will not be permitted in desþnafed vulnerable areas. 2.3.9.3 Development or site alteration will not be permitted on ted sufface tuf"t J-¡r-l features or ground water features where it will negativel at functions ot tne lftlfeatures. 2.4 MINERAL AGGREGATE RESOURCES ln accordance with the policies of Section 2.5 of the Provincial Policv Statement, this Plan shall endeavour to protect mineral aggregate resources for their long term use. The Municipality will rely on the expertise of the Ministry of Natural Resources in assisting with identificationof mineralaggregate resources. The extraction of mineral aggregate resources shall be done in accordance with the Aqqreqate Resources Act. 2.4.1 General 2.4.1.1 The "MineralAggregate Resource Areas" designation, as shown on Schedule "A2" to the Official Plan, shall mean that the predominant use of land shall be for the extraction and processing of minerals, mineral aggregate resources, including a wayside pit and quarry. Also to be permitted in the "Mineral Aggregate Resource Areas" designation are agricultural and agriculturally-related uses which do not limit the future viability of the site for the extraction of mineral resources and which are conducted in accordance with the policies contained in Section 2.1 of this Plan. All operating sites within the Municipality will be identified as land use features labelled "Licensed Pits and Quarries" on Schedule "Al" to the Plan. 2.4.1.2 A new pit or quarry operation will not require an amendment to this plan provided that: a) lt is located within the areas designated as "MineralAggregate Resource Areas" on Schedule "A2" to this Plan; b) lt complies with the policies of this Plan; 2.4.1.3 All proposals for new pit or quarry operations to be located outside of the areas designated as "Mineral Aggregate Resource Areas" on Schedule "A2" lo this Plan will require an amendment to this Plan. ln considering an application for an amendment to this Plan, regard shall be had to the of this Plan.policies contained in Off¡cial Plan of the Municipality of Bayham Revised 2009 Page 2-13 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 211 of 381 2.4.1.4 Where lands are shown on Schedule "A2" to this Plan as being located within the "Mineral Aggregate Resources Areas" designation, such designation does not in itself constitute full and final municipal approval for the opening of a new pit or quarry. Every new pit or quarry operation will require an amendment to the Zoning By-law. 2.4.1.5 Prior to the enactment of an amendment to the Zoning By-law regard shall be had to the following matters: a) The potential for any land use conflicts that may be created by the proposed use, including conflicts with the natural environment, including "Hazard Lands" and "Conservation Lands"; b) The ability of local roads to accommodate expected levels of truck traffic; c) A site plan, complete with information as required by the Aqqreqate Resources Act, and any regulations made pursuant to such Act including Ontario Regulation 244197 , or any other pertinent and applicable provincial legislation or regulations; d) The impact of pit and quarry operations due to noise and dust, including those involving the processing of aggregate materials at the extraction site on, "Hamlets" or "Villages", as shown on Schedules to this plan, will be addressed through the Provincial licensing process and the conditions of site plan approval. 2.4.1.6 All extractive uses shall satisfy the requirements of the appropriate regulatory agency with respect to matters of potable water supply, the taking of water, the disposal of liquid wastes, noise, vibration, and the control of air pollution. 2.4.1.7 Official Plan and Zoning By-law amendments will not be required lor wayside pits and quanies and poftable asphatt plants and poñable concrete plants. The Municipal Road Superintendent, the County Engineer, and the Ontario Ministry of Transportation or their agents, may use any land, except those areas of existing development or particular environmental sensitivity, which are incompatible with extraction and associated activities, for the extraction and processing of materials for the construction of public works. Wayside pits and quarries or poñable asphalt p/anfs and portabte concrete plants are subject to a permit issued under the Aqoreoate Resources Act. 2.4.1.8 ln reviewing applications for the creation of new lots or the alteration of existing lots, regard shall be had to the applicable policies contained in this Official Plan. ln addition, the creation of new lots or the alteration of existing lots which may have the effect of reducing the viability of an existing or potential aggregate extraction operation will not be permitted within the "Mineral Aggregate Resource Area" designation. Official Plan of the Municipality of Bayham Revised 2009 Page 2-14 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 212 of 381 2.4.1.9 As a pit or quarry operation progresses, the subject lands will be progressively rehabilitated to accommodate subsequent land uses, and may only be used for those purposes specified in Subsection 2.4.1.1 of this Plan. Rehabilitation in prime agricultural areas will ensure that types of subsequent agricultural uses are consistent with surrounding agricultural uses, unless the depth of mineral aggregate extraction makes such rehabilitation unfeasible, or an amendment to the Official Plan is obtained in accordance will all other applicable policies of the Plan. 2.4.2.1 an application for an Official Plan amendment to permit a use or uses other than those permitted in subsection 2.4.1.1 of this Plan will be given due consideration, but only after documentation has been prepared and presented by the operator/applicant which shows that : a) The subject lands have been exhausted of all aggregate resources; or, b) Any aggregate material remaining on-site is not capable of being extracted economically and/or feasibly; or, c) The proposed land use or development serves a greater long-term public interest; and d) lssues of public health and safety, and environmental impact are addressed. 2.4.2.2 Notwithstanding Section 2.4.1.3 of this Plan, Official Plan and Zoning By-law amendments will not be required for the removal or levelling of hills containing aggregate material for the purpose of increasing or improving lands for agricultural uses provided that no excavation takes place below the average grade of land surrounding the hill. Such removal sites are to be used on a temporary basis only. The Ministry of Natural Resources must be contacted prior to any excavation to determine Aoqreqate PETROLEUM AND SALT RESOURCES 2.5.1.1 The exploration forand the production of oil, gas, and salt resources including related buildings, structures, pipelines and related facilities shall be permitted in all land use designations, except Urban Areas. All exploration and production activities are to be in compliancewith the Oil, Gas, and Official Plan of the Municipality of Bayham Revised 2009 Page 2-15 E E Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 213 of 381 Salt Resources Act, and the regulations and operating standards thereto. Existing petroleum features are identified on Schedule "A2" to the Plan as "Natural Gas Reservoir''. 2.5.1.2 The municipality shall support the subsurface storage of oil, gas, and salt resources, subject to provincial regulations, so long as they do not adversely affect surface development rights as set out in the Official Plan. 2.5.1.3 The municipality shall support the proper disposal of oil fìeld brines, in accordance with Provincial regulations. 2514 lñl l-ul development is proposed adjacent to or above pools or deposits, the Province shall be consulted regarding measures to allow possible future access for resource production purposes. 2.5.1.5 The municipality shall encourage the use of technology for the exploration and production of subsurface resources from a well site that is located on lands adjacent to a natural heritage feature or cultural heritage tandscape. New wells and associated works will be prohibited from causing any surface or ecological disturbance to natural and cultural heritage areas. lf there are no alternatives to exploration and production within a natural or cultural heritage area, measures will be undertaken to reduce negative impacts. Where forest cover is removed it shall be replaced at a location specified by the landowner, unless no such location is suitable for tree cover, wherein the municipality may specify a location. 2.5.1.6 Upon cessation of production, well sites and locations of associated works shall be rehabilitated to permit uses set out in the land-use designation where the well sites are located. Upon cessation of production from wells in prime agricultural areas, rehabilitation shall restore the site so it can be used for agricultural purposes. 2.5.1.7 As a condition of approving subsequent development on former petroleum resource areas, the municipality will require that improperly abandoned wells that are known or discovered on the lands during development will be properly plugged, capped or otherwise made safe in accordance with provincial requirements. Buildings and structures shall be located away from possible well sites, unless it can be proven that development can safely occur. Any development proposals on known historic salt solution mining activity areas will require a geo{echnical study completed by a qualified engineer to ensure that development can occur safely. Off¡cial Plan of the Municipality of Bayham Revised 2009 Page 2-16 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 214 of 381 2.5.1.8 lf sites of former works are discovered, these locations shall be rehabilitated prior to development proceeding. 2.6 CULTURAL HERITAGE AND ARGHAEOLOGIGAL RESOURCES ln accordance with the policies of the Ministry of Culture and Section 2.6 of the Provincial Policv Statement, this Plan shall endeavourto recognize, restore, enhance and preserve lhe built heritage resourcesand cultural heritage landscapes of the Municipality. Cultural heritage resources include archaeological resources, buildings and structures of architectural, historical or engineering interest; cemeteries; groups of buildings and structures which are of interest and value in the landscape; and entire agricultural and urban landscapes. ln essence they are the works of man and the effects of his activities in the environment and, accordingly, may be considered as heritage where they constitute the consultative record of past human activities, endeavours or events. 2.6.1 Cultural Heritaqe Policies a) Council may establish a Municipal Heritage Committee (MHC)to advise on matters relating to the Ontario Heritaqe Act and other business relating to heritage conservation. b) Council shall encourage the designation and maintenance of properties and structures pursuant to Parts lV and V of the Ontario Heritaqe Act. c) Council shall support the use of cultural heritage resources as a means to promote economic development and tourism within the Municipality. d) Council shall notify the Province when any proposed development may impact a marked or unmarked cemetery in accordance with the Ontario Heritaqe Act and the Cemeteries Act. lmolementation2.6.2 a)Municipal Council shall implement the cultural heritage policies of this Plan through participation in provincial and federal programs related to cultural heritage conservation. ln addition to promoting co-operation with individual property owners in the preservation of cultural heritage resources, Municipal Councilwill have regard to the effects of public works on buildings, sites and areas of historical importance in the municipality. New residential development in older residential areas of historical, architectural or landscape value will be encouraged to develop in keeping with the overall character b) c) Official Plan of the Municipality of Bayham Revised 2009 Page 2-17 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 215 of 381 of these areas. d) Municipal Council may utilize any of the following planning tools to promote or preserve cultural heritage resources in the municipality: 1. The Municipality of Bayham Cultural Master Plan; 2. Heritage lmpact Assessments; 3. Conditions of consent and subdivision approval and consequent agreements; 4. Provisions related to site plan control; and, 5. Standards, definitions and regulations in the Municipality's Zoning By-law. 2.6.3 Archaeoloq ical Resou rces The Municipality will identify any development applications that will impact areas containing registered archeological sites or lands of archeological potential. Wlrere the Municipality has identified development applications that will impact archaeological resources or lands of archaeological potential, the Municipality will require an archaeological assessment be conducted by a licensed archaeological consultant. Development on lands containing significant archeological resources shall avoid the destruction or alteration of these resources. \Â/here it is not possible, the development proponent shall conserve significant archeological resources through removal and documentation in advance of any land disturbances, and in accordance with archeological licensing provisions of the Ontario Heritaqe Act. Archeological site locations and areas of potential will be determined based on registered site data and potential screening criteria provided to the Municipality by the Province, or through technical assistance. \Mrere significant archeological resources must be preserved on site, only development and site alteration which maintain the heritage integrity of the site may be permitted. Official Plan of the Municipality of Bayham Revised 2009 Page 2-18 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 216 of 381 3.1.1.1 These land use policies are intended to apply to site-specific areas of the Municipality outside of tne lfr] settlement areas where the predominant land use activity is not related to agriculture or other I yrtf Jresources outlined in Section 2 of the Plan. These policies apply to lands outside the settlement f areas which may be used for non-farm activities and where no identiflable adverse impacts on agriculture will occur. Such areas are subject to a site- specific amendment to the Official Plan and the regulations of the Zoning By-law. 3.1.1.2 \Â/hen located uses outlined in section 3.1 may be considered by a site-specific Official Plan amendment and an accompanying Zoning By-law amendment. However, the Municipality prohibits the redesignation of lands for new estate residential uses on such lands. 3.1.2 3.1.2.1 ules The following uses will be further identifìed by a sub-classification indicating a specific non-resource use. The uses will be shown on Schedule "Al" to the Offìcial Plan. Areas that are too smallto represent on "Schedule "A1" appear as a symbol representing approximate location. Exact size and location is identified in the following text and may be determined through assessment mapping and/or the Zoning By-law. These uses are as follows: . Estate Residential . Mobile Home Parks Offìcial Plan of the Municipality of Bayham Revised 2009 Page 3-1 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 217 of 381 Seasonal Travel Trailer Parks and Campgrounds Recreational lnstitutional Commercial / Highway Commercial lndustrial 3.1.3 General Policies That Applv to all Non-Resource Uses 3.1.3.1 The Municipality shall regulate all development in the areas designated for non-resource uses so that the environment is maintained, agricultural uses are protected, and potential land use conflicts are not created. 3.1 .3.2 ln evaluating proposals for new or expanded non-resource uses, the Municipal Council shall require a presentation of the proposal which will include a detailed site plan outlining building areas and locations, ingress and egress to the site, parking facilities, existing and surrounding land uses, building location, site characteristics, and proposed buffering, surface water drainage, and landscaping. \Â/here more than 5 lots/units are proposed, a Servicing Options Statement investigating the feasibility of servicing such development on full municipal services; communal sanitary sewage and potable water services; individual on-site sanitary sewage and potable water services shall be provided. Hydrogeological and/or geotechnical reports may be required by the appropriate approval authority to demonstrate the suitability of lands and the aquifer to accommodate communal as well as individual wells and on-site private sewage treatment and disposal systems. The Municipal Council shall require all applicants to provide written confìrmation from the appropriate approval authority that the site is suitable for septic disposal systems and that potable water can be supplied. 3.1.3.3 Lands to be designated as non-resource areas in the Municipality of Bayham shall comply with the following: a a a o a Off cial Plan of the Municipality of Bayham Revised 2009 Page 3-2 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 218 of 381 b) c) d) The provisions of the Provincial Policy Statement and both the M.D.S. I and M.D.S. ll formulae; Must have existing frontage on an opened and maintained year round, public road that is capable of sustaining vehicular traffic; Should not be situated in proximity to existing land uses that in themselves have a high nuisance value or are easily capable of promoting land use conflicts. Such uses may include, but shall not be limited to, commercial grain drying operations; existing aggregate resource extraction operations or lands which are designated for aggregate resource extraction as described in this Plan, landfill sites or sewage lagoons; any industrial or commercial operation that is normally associated with substantial volumes of vehicular traffic or which creates adverse off-site environmental effects such as air pollution, noise, odours, or which generates excessive solid or liquid wastes either in volume or toxicity; Buildings or structures must be appropriately setback from municipal drains, watercourses and any associated "Hazard Lands" as described in this Plan and the Zoning By-law; The soil and ground water conditions are suitable for the operation of a private potable water and private sanitary sewage treatment and disposal system as approved by the appropriate approval authority; The size of any parcel of land created for such uses shall conform to the provisions of the Zoning By-law and in no cases should any parcel be created that is smaller than necessary to support a well and approved private sewage treatment and disposal system; Shall not create a traffic hazard as a result of access to a portion of a roadway with limited sight lines due to curves, grades, or existing roadside development including buildings and signs; Shall be considered only when mineral aggregate resource lands are not affected. Should mineral aggregate resource lands be affected, Municipal Council shall consult of this Plan in order to protect such lands from development All non-resource uses shall require justification, which will address the need for the e) s) h) E Official Plan of the Municipality of Bayham Revised 2009 Page 3-3 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 219 of 381 land use; the amount of land needed; reasons for choice of location, and consideration of other locations for the use; k) Should be regulated so that its impact will not detract from the natural environment. 3.1.4 Estate Residential Uses 3.1.4.1 Estate Residential uses be permitted on lands previously designated Estate Residential on Schedule "A1'to this Offlcial Plan, prior to approval of this Plan . The Municipality prohibits the creation of new estate residential uses on lands 3.1.4.3 3.1.4.4 3.1.4.5 Estate residential uses shall be restricted to low density, single unit dwellings. The keeping of livestock in a hobby farm context is permitted in conjunction with estate residential uses provided the complement of livestock is small and can comply with the requirements of the applicable Minimum Distance Separation formula. - Subject to a legally conveyable lot(s) being created, estate residentialdevelopment is permitted by previously approved site specific Official Plan Amendments on lands designated "Estate Residential" on Schedule "41" and more particularly described as: a) A parcel having an approximate size of 1.44 hectares and situated on the south side of Calton Line in Part Lot 14, Concession 4. A maximum of two estate residential dwelling lots may be created. b) A parcel having an approximate size of 0.8 hectares and situated on the west side of Plank Road in Part Lot 126, Concession N.S.T.R. A maximum of three estate residentialdwelling lots may be created. c) A parcel having an approximate size of 1 .45 hectares and situated on the east side of the road allowance between Lots 20 and 21 on Light Line, in Part Lot 21, Offìcial Plan of the Municipality of Bayham Rev¡sed 2009 Page 3-4 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 220 of 381 d) e) Concession 4. One estate residential lot may be created in the northerly location of the property. A parcel having an approximate size of 0.79 hectares and situated on the west side of the road allowance between Lots 20 and21 (north side of Calton Line) in Part Lot 20, Concession 5. One estate residential lot may be created. A parcel having an approximate size of 0.12 hectares and situated approximately 210 metres south of Calton Line, on the west side of Part Lot21, Concession 4. One estate residential lot may be created. A parcel having an approximate size of 0.62 hectares and situated on the west side of Culloden Road in Part Lot 114, Concession N.S.T.R. One estate residential lot may be created. A parcel having an approximate size of 3.73 hectares and situated between Plank Road to the west and the former Canadian Pacific Railway corridorto the east in the western portion of Lot 15, Concession 2. A maximum of three estate residential lots may be created. A parcel having an approximate size of 0.4 hectare and situated on the north side of Best Line in Part Lot 14, Concession 10. Two estate residential lots may be created. A parcel having an approximate size of 1.22 hectares and situated west side of Baynor Road in Part Lot 136, Concession 6. One estate residential lot may be created. A parcel having an approximate size of 0.48 hectares and situated along the north side of Heritage Line in Part Lot 1'18, N.S.T.R. One estate residential lot may be created.ï iÍi:ïiî::::::::::i;::'",;ï:J#: Ere A parcel having an approximate size of 1.35 hectares and situated in Lot 109 on the east side of Springer Hill Road, N.S.T.R. Two estate resídential lots may be created. A parcel having an approximate size of 0.4 hectares and situated on the north side of Jackson Line in Part Lot 114, Concession 6. One estate residential lot may be created. A parcel having an approximate size of 1 .1 hectares and situated in Part Lot 20, s) h) m) n) i) k) Offìcial Plan of the Municipality of Bayham Revised 2009 Page 3-5 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 221 of 381 Concession I on the west side of Plank Road. One estate residential lot may be created. A parcel having an approximate size of 1.4 hectares and situated in Part Lot 16, Concession 8 on the east side of Sandytown Road. One estate residential lot may be created. A parcel having an approximate size of 1.5 hectares and situated in Part Lots 113 and 114, Concession N.S.T.R., at the intersection of Heritage Line and Culloden Road and designated Rural - 'R(E/l)' on Schedule "41". Two estate residential lots may be created in addition to two existing estate residential dwellings and one existing cemetery. A parcel having an approximate size of 5.3 hectares and situated in Part Lots 21 and 22, Concession 8, on the south side of Ridge Road. Two estate residential lots may be created in addition to one existing estate residential lot and one existing cemetery. ln addition to one existing dwelling, a second residential dwelling may be developed on a separate lot on a parcel having an approximate area of 11.97 hectares and located on Part Lot 17, Concession 3, on the south side of Light Line, east of the Village of Vienna. 3.1.5 Mobile Home Parks 3.1 .5.1 Mobile Home Parks may be permitted in areas designated "Mobile Home Parks" on Schedule "41" to this Official Plan. Furthermore, the following existing mobile home parks are recognized in the "Mobile Home Parks" designation by this Plan and shall be appropriately zoned in the Zoning By- law: Official Plan of the Municipality of Bayham Revised 2009 Page 3-6 o) p) q) Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 222 of 381 Lot 5, Concession 8, Municipality of Bayham; Lot 13, Concession 2, Municipality of Bayham. It shall be the policy of this plan to restrict development of mobile home parks to expansions of existing parks or to new parks within settlement areas as designated on Schedule "41" to this Official Plan. The expansion of any of the listed existing parks above, will be subject to the policies of Section 4.6.1 of this Plan. 3.1.6 SeasonalTravelTrailerParksandlg¡¡pg¡gþ 3.1.6.1 Seasonal travel trailer parks and campgrounds may be permitted in areas designated "Seasonal Travel Trailer Parks and Campgrounds" on Schedule "A1" to this Official Plan. lt shall be the policy of this Plan to encourage new seasonal travel trailer parks or campgrounds to locate in areas conducive to such development. Such areas should be part of the Otter Creek System, or on the shoreline of Lake Erie where exceptional scenic vistas, aesthetic settings and recreational opportunities exist. Notwithstanding any policies of this Plan to the contrary, the following existing Seasonal Travel Trailer Parks and Campgrounds are recognized by this Plan and shall be appropriately zoned in the Zoning By-law: 1. Lot 15, Concession 1; 2. Lot 17, Concession 2; 3. Lot 5, Concession 3; 4. Lot 5, Concession 8; 3.1.6.2 ln addition to the policies of Section 3.1.3 and 3.1.6.1 of this Plan, consideration in the evaluation of proposed seasonal travel trailer parks or campgrounds shall be in accordance with Section 4.6.2 of this Plan. Official Plan of the Municipality of Bayham Revised 2009 Page 3-7 2 3 E Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 223 of 381 3.1.7 Recreational and lnstitutional Uses 3.1.7.1 Recreational uses such as golf courses and other public and private parks may be permitted on lands designated "Recreational" on Schedule "41" to this Official Plan. Similarly, public institutional uses that serve the needs of the community and require a rural location may be permitted on lands designated "lnstitutional" on Schedule "41" to this Official Plan. Notwithstanding the above, it is the intent of this Official Plan to encourage all institutional uses to locate in existing urban areas where municipal services and/or amenities exist. Examples of such uses are: schools, churches, museums, meeting halls and cemeteries. 3.1.7.2 ln order to protect the surrounding resource lands from the effects of the proposed use, the proposed recreational or institutional use should meet, in addition to the policies of Section 2.7.3 of this Plan, the following criteria: a) The road capacity exists for any projected increased traffic flow; b) The topography lends itself to the particular use; d) Solid waste disposal can be taken care of adequately. 3.1.7.3 The potable water supply, sanitary sewage treatment and disposal, taking of water and any emission to the environment shall meet the requirements of and be approved by the Ministry of the Environment, and/or the appropriate approval authority as applicable. 3.1.8 Commercial Uses 3.1.8.1 All commercial uses are encouraged to be located within settlement areas. However commercial uses may be permitted in areas designated "Commercial" on Schedule "41" to this Official Plan. Permitted uses shall include those commercial uses which rely heavily upon automobile or truck traffic for their economic existence, and such uses may include automobile service stations, public garages and automobile sales agencies, farm machinery sales and service, farm supplies, building supply outlets, convenience stores, motels, drive-in restaurants or other eating establishments and accessory retail uses together with a residence of the owner or caretaker provided it is structurally attached to the commercial use. 3.1 .8.2 Retail uses such as grocery stores, clothing and apparel, hardware, drug stores, etc., as well as shopping centres that would compete for retail sales with the retail facilities of urban areas will be discouraged in the agricultural areas of the Municipality. Official Plan of the Municipality of Bayham Revised 2009 Page 3-8 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 224 of 381 3.1 .8.3 ln addition to the policies of Section 2.7.3 of this Official Plan, the following principles shall govern the development and zoning of commercial uses, which shall be included in a Highway Commercial Zone or Rural Commercial Zone in the Zoning By-law: Highway Commercial uses shall be located on Provincial Highways or improved County Roads subject to Section 4 of the Officíal Plan and subject to approval by the Ministry of Transportation orthe County Engineer. \Â/lrere development is proposed at the intersection of a Provincial Highway and a County Road, access to/from the site shall be located along the County Road. Adequate off-street parking facilities shall be provided; Does not require undue extension to a municipal sanitary sewage or potable water system; The proposed potable water supply system and method of sanitary sewage treatment and disposal, solid waste disposal, taking of water and any emissions to the environment shall meet the requirements of and be approved by the Ministry of the Environment and/or the appropriate approval authority; Access points to such parking areas shall be limited in number and designed in a manner that will minimize the danger to vehicular and pedestrian traffic; Adequate buffering shall be provided between the commercial uses and adjacent uses to prevent adverse impacts. Attention shall be given to buffering and landscaping of parking lots. Development located adjacent to Highway No. 3 will be subject to the geometric and safety requirements of the Ministry of Transportation. Ministry of Transportation permits will be required prior to any construction and/or grading being undertaken. 3.1.8.4 Gommercial uses in locations other than along, or at intersections with Highway No. 3 or County Roads may be permitted on a limited basis subject to an Official Plan amendment, and provided they meet all other applicable policies of this Plan, and the Zoning By-law regulations for rural commercial uses. Official Plan of the Municipality of Bayham Revised 2009 Page 3-9 a) b) c) d) e) Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 225 of 381 3.I .8.5 The development of laundromats, car washes or other high water consuming establishments will not be permitted unless they can be connected to a piped municipal water supply and have an appropriate means of sanitary sewage treatment and solid waste disposal; 3.1.9 lndustrial Uses of these lands:''(- 2.t .3 a) The lands shall be developed in a manner which ensures access to interior lands and which is consistent with road networks in the neighbouring Town of Tillsonburg. b) Any proposed development abutting the Big Otter Creek ANSI shall require an Environmental lmpact Study (ElS) in accordance with the policies of this Plan. Terms of reference for the EIS may be detailed upon consultation with the Conservation Authority and Province through the one-window protocol. c)Parcels may also be developed for commercial purposes in accordance with the policies of Section 3.1.8 of the OfficialPlan. 3.1.9.2 lndustrial uses in locations other than the Bavham lndustrial Park may be permitted on a limited basis subject to an Official Plan amendment, and provided they meet all other applicable policies of this Plan, and the Zoning By-law regulations for industrial uses. 3.1.9.3 ln addition to the policies outlined above and as found in Section of this Official Plan, the general principles to be considered in the development and zoning of lands designated as "lndustrial" on Schedule "41" are as follows. a) The Zoning By-law shall provide a separate set of Zone Regulations for Rural lndustrial uses, such that they are distinguishable from smaller scale and farm- related industrial uses; b) lndustries which create adverse off-site environmental impacts such as air pollution, Off¡cial Plan of the Municipality of Bayham Revised 2009 Page 3-l 0 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 226 of 381 odour, noise, or which generate excessive solid or liquid wastes either in volume or toxicity will not be permitted; lndustries should not require municipal sanitary sewer service. Only'dry' industrial uses shall be permitted. A'dry' industrial use shall be defined as a use that does not require water for cooling, washing, and processing and whose subsurface sanitary sewage treatment and disposal system(s) are used solely for the domestic waste generated by employees; lndustries should not require connection to a municipal water supply, unless the establishment of private potable water supply is deemed impossible by either failed services or physical constraints; The proposed potable water supply system and method of sanitary sewage treatment and disposal, solid waste disposal, taking of water, and any emissions to the environment shall meet the requirements of, and where necessary, be approved by the Ministry of the Environment and/or the appropriate approval authority; Adequate off-street parking shall be provided; Access points to such parking areas shall be limited in number and designed in a manner that will minimize the danger to vehicular and pedestrian traffic; and h) Adequate buffering be provided between the industrial area and adjacent uses to prevent adverse impacts. Attention shall be given to buffering and landscaping of parking lots. 3.2 GONSERVATION LANDS 3.2.1 Policies 3.2.1.1 The areas of exceptional scenic and recreational value, and geographic and environmental significance throughout the planning area, and particularly along the Lake Erie shoreline, should be preserved and/or developed in order to maintain their inherent environmental and scenic values. These areas should be designated as "Conservation Lands". 3.2.1.2 The designation is distinct from "Hazard Lands", in that a physical environmentalhazard may not be present. 3.2.1.3 Any development in areas of exceptional scenic or recreational value should be regulated so that its impact will not detract from the natural environmental character of the area. Properforest resource Official Plan of the Municipality of Bayham Revised 2009 Page 3-1 1 c) d) e) Ð s) sha E Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 227 of 381 management procedures should be adhered to and all tree removal should be done in accordance with the Elgin County Tree Cutting By-law. 3.2.1 .4 The major areas of scenic and recreational value should be accessible to the public. Such areas in public ownership should be designated "Conservation Lands". 3.2.1.5 The "Conservation Lands" designation may be used to protect Natural heritage features and areas from incompatible development. lt may also be used to assist in the preservation and management of Culturat Heitage and Archaeological Resources in accordance with the Provincial Policy Statement. 3.2.1.6 The Municipality supports the use of conservation easements between private landowners and conservation agencies in accordance with the Conservation Land Act. Conservation easements may be used: a) for the conservation, maintenance, restoration or enhancement of all or a portion of land or wildlife on the land; b) for the protection of water quality and quantity, including protection of drinking water sources; c) for watershed protection and management; d) forthe conservation, preservation or protection of the land for agricultural purposes; or e) for any other purposes prescribed by the Conservation Land Act. 3.2.1.7 \A/here lands designated for conservation are in private ownership, this Plan does not intend that any particular parcel will necessarily remain in this category indefinitely, nor does the Plan imply that any "Conservation Lands" are free and open to the general public or will be purchased at any time by the Municipality or any other public agency. lf an application is made to the municipality to change the designation of "Conservation Lands", the municipality will first determine if the land is required for public purposes and if it can be purchased by the Municipality or other public agency. lf the land is not to be purchased, then the Municipality may give consideration to the proposed amendment to the Plan. 3.2.2 Permitted Uses 3.2.2.1 The "Conservation Lands" designation shall mean that the predominant use of the land shall be for the preservation and enjoyment of significant natural resources such as: a) Water resources; Official Plan of the Municipality of Bayham Revised 2009 Page 3-1 2 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 228 of 381 Unique vegetation or wildlife habitats; Forestry (sylviculture); Valuable recreation resources; Historic sites; Designated outdoor recreation areas; Any natural resources the community and/or the Conservation Authority deem to be important as an environmental asset to the area. 3.2.2.2 Areas designated for conservation may have accessory residential buildings on a seasonal basis but no new permanent residential buildings shall be established. 3.2.2.3 Existing residences and/or agricultural operations on "Conservation Lands" may be maintained to permit the existing use. 3.3 SPEGIFIC POLICYAREAS The following areas are shown on the accompanying map schedules to the Official Plan as "Specifìc Policy Areas" and illustrated with a mapping symbolwhich corresponds to the applicable specific policy area as outlined in this section below. The policies will outline the exact geographic location and area to which the policies apply. 3.3.1 Soecific Policv Area No. 1 - Elliott Road Notwithstanding the "Agriculture" policies of this Plan to the contrary, the lands comprising approximately 43 hectares in Part Lot 15, Concession 10 of the Municipality of Bayham and bounded by Green Line to the north, to the south, Elliotl Road to the east and a wooded area to the west, and occupied by ten (10) existing non-farm residential dwellings may accommodate a total of twenty (20) non-farm dwellings in the area designated as "Specific Policy Area" on Schedule "A1" to this plan. 3.3.2 Specific Policv Area No. 2 - Port Burwell Harbour ln addition to the policies of Section 6.1, the lands within the "Hazard Lands" designation in Port Burwellwhich are generally situated south of Robinson Street, and east of the Big Otter Creek and extending into Lake Erie, are designated as "speciflc Policy Area" on Schedule "D" to this plan and may be used to develop a marina and ancillary facilities. These lands will remain in a holding zone until such time as the conditions regarding development as outlined in Section 6.1 of this Plan can be accommodated to the satisfaction of the Municipality, in consultation with the Province and the Conservation Authority. Offìcial Plan of the Municipal¡ty of Bayham Revised 2009 Page 3-13 b) c) d) e) f) s) E Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 229 of 381 3.3.3 Specific Policv Area No. 3 - Ghateau Wvndemere a) Studies completed to the satisfaction of the Ministry of Environment and the Municipality with respect to the proposed sewage and water services 2.231of the Official Plan; archaeological assessmen[completed to the satisfaction of the Ministry of Culture as per Section 2.6.3 of the Official Plan; s)access to Port Burwell Provincial Par o 3.3.4 Specific Policv Area No. 4 - New Enqland Notwithstanding the "Agriculture" policies of this Plan to the contrary, the lands comprising Part Lot 24 & 25, Concession 9 of the Municipality of Bayham and designated as Specific Policy Area on Sche 1' to this plan may be used for the purposes of non-farm residential development on an infilling bas Official Plan of the Mun¡cipality of Bayham Revised 2009 Page 3-14 b) c) A development agreement entered into between the developer and the Municipality, which shall address, but is not limited to, vehicular access to the Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 230 of 381 lll be outlined in the Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 231 of 381 SECTION 4 SETTLEMENT AREA POLICIES 4.1 OBJECTIVE The Municipality is primarily devoted to agricultural uses with concentrations of urban uses existing in the Hamlets of Corinth, North Hall, Eden, Richmond and Calton, and the Villages of Straffordville, Vienna and Port Burwell. lt is the intent of this Plan to concentrate all of the urban growth in these centres in order to prevent scattered non-farm developmenl in p ri me ag ri cu ltu ra I a re a s. It is intended that future development within the Municipality of Bayham will take place in accordance with the land use designations shown on the following map schedules: . Schedule "41" Municipality of Bayham Land Use . Schedule "8" Village of Straffordville Land Use and Gonstraints: ::::::i: ::: Tiii::: ï:ï:1iï,:::i:":::i:'ï,"",". Any proposals to expand the settlement areas as shown on the above schedules, will only be considered during a comprehensive Official Plan Review undertaken by the Municipality. 4.2 GENERAL POLICIES APPLICABLE TO ALL SETTLEMENT AREAS 4.2.1 All Develooment Forms areas shall not be permitted. 4.2.1.2 The Municipality will place the highest priority on the location of new urban development in areas of the Municipality where full municipal services are readily available. 4.2.1.3 lt shall be the policy of this Plan to restrict major residential, commercial or industrial development, generally defined as plans of subdivision with more than 5 lots, in the urban areas until both sewer and/or water services can be provided to the site(s) under consideration in accordance with Ministry of the Environment requirements. Residential development in these areas will be allowed on the basis of infilling with some grov'rth in areas directly adjacent to existing built-up areas through consents and small plans of subdivision. 4.2.2 Residential Uses residential development to consolidate with the existing l-ffi] listed in subsection 4.1 of the Plan by filling in the vacant are | +sz I 4.2.2.1 This Plan encourages new Official Plan of the Municipality of Bayham Revised 2009 Page 4-1 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 232 of 381 locating new residential development adjacent to existing built-up areas in a compact and contiguous fashion. 4.2.2.2 The Municipality will encourage the development of housing types other than single detached dwellings in the villages, and where no land use conflict shall ensue, in other parts of the Municipality when new or converted dwellings of this type are feasible. 4.2.2.3 Wthin the settlement areas, the Municipality will support the provision of affordable housing accessible to lower and moderate income households. ln this regard, the Municipality will require that 20 percent of all housing which results in the creation of at least 5 dwelling units, be affordable housing. Affordable ownership housing is considered to be housing for which the purchase price is at least l0 percent below the average purchase price of a resale unit in the regional market area. Affordable rental housing is considered to be housing for which the rent either does not exceed 30 percent of gross annual income of low and moderate income households (60th percentile) or is at or below the average rental price of rental units in the regional market area. 4.2.3 Emplovment Uses 4.2.3.1 New commercial development shall be encouraged to locate in the existing commercial areas of the urban areas through the renovation of older structures and the erection of new buildings. 4.2.3.2 lmprovements in the physical appearance of commercial and industrial buildings and structures in the urban areas will be encouraged. 4.2.3.3 Growth of new industries that are compatible with both the urban and the agricultural environment in general, as well as with adjacent land uses will be encouraged in order to provide alternative employment opportunities to residents of the Municipality. 4.2.3.4 All icultural uses will be permitted in the areas designated as "Hamlets" and "Villages" lñl wit ion of new or expanding livestock operations and mushroom farm operations, which I yrTl will be prohibited in these areas. 4.2.3.5 Any proposals to redesignate lands from considered during a comprehensive Official projections. employment uses to residential uses, will only be Plan Review and based on employment land needs Official Plan of the Municipality of Bayham Revised 2009 Page 4-2 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 233 of 381 4.2.4 lntensification and Redevelopment 4.2.4.1 The Municipality shall encourage intensifìcation and redevelopment within settlement area boundaries on vacant or underutilized sites in order to efficiently utilize designated settlement area land and available municipal services. 4.2.4.2 Targets for residential densities will be outlined in the individual land use designations. Residential intensification and redevelopment is subject to the following policies: a) The permitted forms of residential intensification and redevelopment shall only be permitted in those areas designated as "Hamlets" and "Villages" and will be permitted based on the level of water and wastewater servicing that is available in the specific settlement areas. b) Residential intensifìcation and redevelopment may take the form of dwelling conversion, street infilling, rear yard infilling, and infill subdivisions. c) Residential intensifìcation and redevelopment may only occurto a maximum density which maintains the minimum lot areas permitted in the Zoning By-law, and/or is deemed suitable by the Municipality to satisfy the proposed water supply and wastewater disposal systems. d) \¡1/hen considering proposals for residential intensification and redevelopment, and in addition to all other applicable development criteria in the Official Plan, the Municipality will ensure that: 1. For dwelling conversions, the exterior design of the dwelling is consistent with the surrounding area in terms of height, bulk, scale, and layout; 2. Forstreetinfilling, the proposalis consistentwith Subsection4.2.4.4 a), and with the established building line and setbacks of the surrounding area. 3. For rear yard infilling, the proposal is consistent with subsection 4.2.4.4. a); the siting of buildings and parking areas minimizes the impacts on neighbouring rear yards; direct vehicular access is provided to a public street with sufficient width to allow efficient vehicular use, on-site snow storage, and access and turn-around by emergency vehicles. 4. For infill subdivisions, the proposal is consistent with subsections 4.2.4.4. a) and c); and measures will be undertaken through a subdivision agreement, to buffer and screen the development from surrounding residential uses. Official Plan of the Municipality of Bayham Revised 2009 Page 4-3 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 234 of 381 4.2.4.3 Proposals for residential intensification and redevelopment will not be supported if it is determined that the proposal can not satisfy the above criteria, or would present a threat to public health and safety both on and off site. 4.3 4.3.1 GROUP HOMES Policies 4.3.1.1 Group Homes will be permitted in areas of the Municipality that are designated "Hamlets" or "Residential". 4.3.1.2 Forthe purposes of this Plan, a group home is a single housekeeping unit in a residential dwelling in which three to ten persons (excluding supervisory .,.tt@ live under responsible supervision consistent with the particular requirements of the residents. The home is licensed and/or approved for funding under Provincial Statutes and is in compliance with all applicable Municipal By-laws. 4.3.1.3 ln order to prevent an undue concentration of group homes in specific areas of the Municipality, standards requiring a minimum distance between these facilities may be incorporated in the Zoning By-law. 4.3.1.4 Facilities existing on the date the zoning by-law comes into effect, but not complying with the requirements of the by-law, will be allowed to continue in operation but will not be permitted to expand without Municipal approval. 4.3.1.5 The establishment of a group home must be based on local need for the particular type of group home to serve the population of the Municipality and the immediate surrounding area. ln determining the need and suitability of each type of group home and the number of residents per group home, the size and general character of the Municipality together with the merits of each specific application must be given consideration. 4.3.1.6 Group homes shall have sufficient off-street parking to accommodate the vehicles of the staff or persons on duty in the home and visitors. 4.3.1.7 For the purposes of this Plan, a crisis residence is licensed or funded by the Province of Ontario for the short term (averaging one month or less) accommodation of three to ten persons, exclusive of staff, living under supervision in a single housekeeping unit and who by reason of their emotional, mental, social, or physical condition, or legal status, require a group living arrangement for their well- being. 4.3.1.8 Crisis residences are not permitted within the rural areas of the Municipality. Offìcial Plan of the Municipality of Bayham Revised 2009 Page 4-4 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 235 of 381 4.4 HAMLETS 4.4.1 General 4.4.1.1 The "Hamlet" policies are intended to apply to those parts of the Municipality where small concentrations of urban development and land uses have evolved into small, identifiable communities. The "Hamlet" policies shall apply to the various hamlets designated by this Official Plan. Schedule "A1" designates Corinth, North Hall, Eden, Richmond and Calton as "Hamlets". These settlements are comprised of small clusters of residential and commercial uses. The intended function of the "Hamlets" in this Plan is to remain as small dormitory clusters, providing limited commercial, industrial and institutional services to the immediate surrounding area. The policy of this Plan is to restrict major residential development (more than 5 lots) wherever municipal services are not available, while allowing future growth on the basis of infilling and in accordance with the Hamlet boundaries as depicted on Schedule "Al". 4.4.1.2 Permitted useswould include residentialdwellings, varietystores, publicgarages, schools, churches and small scale commercial and industrial uses. Adequate buffering should be provided between the various uses wherever the potential for land use conflict exists. 4.4.1.3 Land uses other than residential will be permitted in hamlets if they serve the residential function, are compatible with it, or improve the quality of life in the neighbourhood. Examples of such uses are: . neighbourhood retail stores . drug stores : l"::i*r.,",.::.,"':;i lns"u"ns 4.4.1.4 Development on individual private potable water and individual sanitary sewage treatment and disposal systems shall be approved by the appropriate approval authority as applicable, and shall be limited to a type and density that does not precipitate the need for communal water or sewage works. Notwithstanding, development in Eden will require connection to the existing municipal sewage system, unless is can be demonstrated to the satisfaction of the Municipality that connection is not feasible. The following table describes the planned servicing situations for each of the individual hamlets identified on Schedule "A1" for the time period of the Plan: Offìcial Plan of the Municipality of Bayham Revised 2009 Page 4-5 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 236 of 381 Settlement Area Existing Sewer / Water Services Proposed Sewer / Water Services Corinth Private Septic / Private Well As existing North Hall Private Septic / Private Well As existing Eden Piped Municipal/ Private Well Piped Municipal/ Piped Municipal Richmond Private Septic / Private & Communal Well As existing Calton Private Septic / Private Well As existing 4.4.1.5 Development may also be considered in "Hamlets" which have communal or municipal potable water supplies or sanitary sewage works, provided that minor, or no extension of such works is required. 4.4.1.6 Non-residential uses shall be consolidated into clusters wherever possible rather than permitting them to spread throughout the hamlet area. The location and site design of these uses shall provide for off-street parking, landscaping, and adequate buffering and utilize the best prínciples of urban design in order to create a high quality residential neighbourhood. 4.4.1.7 ln addition, larger scale public and private uses such as religious institutions, clinics, convalescent homes, nursing homes, hospitals and schools will be permitted in "Hamlets" provided that an amendment to the Zoning By-law has been approved to protect the surrounding residential lands from the proposed use. 4.4.1 .8 Some of the principles to be considered in the development and zoning of non-residential uses in the residentialareas in "Hamlets" are as follows: a) The permitted hamlet commercial or industrial uses shall be limited to retail stores or service shops which provide for the daily shopping or service needs of the adjacent residential areas and may include a automobile service station in a separate zoning category; b) The location of hamlet commercial or industrial uses shall be encouraged to locate on arterial or collector roads and indiscriminate scattering of these uses shall be discouraged; c) The hamlet commercial or industrial uses shall be sited so as to minimize any adverse impacts upon the adjacent residential uses; Official Plan of the Municipality of Bayham Revised 2009 Page 4-6 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 237 of 381 The buildings containing hamlet commercial or industrial uses shall be designed, and any lighting or signs arranged so as to blend in with the character of the adjacent residential area; The floor area of any hamlet commercial use shall not exceed approximately 190 square metres and no more than two such uses shall be situated in one part of a residential neighbourhood ; New hamlet commercial or industrial uses shall be included in a separate zoning category in the Zoning By-law and existing commercial and industrial facilities should also be so recognized in the zoning by-law; Adequate off-street parking shall be provided; Adequate buffer planting shall be provided between the hamlet commercial or industrial use and any adjacent residential areas, and such buffer planting may include provisions for grass strips, fences, and appropriate planting of trees and shrubs. 4.4.2 ResidentialUses 4.4.2.1 The principal land use function of "Hamlets" shall be for clusters of non-farm residential development in the form of single detached dwellings, and other low or medium density types of dwellings. These uses will be controlled and regulated by the Zoning By-law. 4.4.2.2 Consents will generally be discouraged and will only be granted when it is clearly not necessary in the public interest that a plan of subdivision be registered. lf a plan of subdivision is not deemed necessary, regard shall be had to other policies in the Official PIan and to the following criteria when considering an application for a consent in the Hamlet areas: a) Consents shall be granted only in areas where the minor, or no extension of any municipal service would be required. Any services required in a consent should be satisfactory to the appropriate approval authority; b) Consents should be granted only when the land fronts on an existing public road, which is of a reasonable standard of construction; c) Consents should have the effect of infilling in existing developed areas and not of extending the Hamlet area unduly; d) The size of any parcel of land created by a consent should be appropriate for the use proposed considering the public services available and the soil conditions, and in no case should any parcel be created which does not conform to the provisions of the d) e) s) h) Offìcial Plan of the Mun¡cipality of Bayham Revised 2009 Page 4-7 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 238 of 381 Zoning By-law; e) Direct access from major roads should be restricted and residential lots should, where possible, have access only from internal residential roads; f) Consents should not be granted for land adjacent to a road from which access is to be obtained where a traffic hazard would be created because of limited sight lines on curves or grades; g) Consents should be granted only when the creation of the lot will not interfere with subsequent access to interior lands; h) Consents for mortgage, estate, or other boundary adjustment purposes shall be permitted provided that they adhere to principles of good planning, do not cause land use conflicts and conform to the provisions of the Zoning By-law. 4.4.2.3 lt is the intention of this Plan to allowforthe eventual development of other residentialtypes such as multiple unit dwellings and single unit mobile home parks within the residential areas of the "Hamlets". These residential types shall be included in separate zoning categories in the Zoning By- law and will be permitted, providing that municipal water and sewer services are available, and an amendment to the Zoning By-law has been approved. 4.4.2.4 Consideration of the following factors shall be given in the evaluation of an amendment to the Zoning By-law for multi-unit residential developments: a) The uses permitted shall include the various types of multiple dwellings such as townhouses, converted dwellings and walk-up apartments; b) The multiple unit dwellings shall be sited to enhance the quality of the immediate area with particular attention to the effects of vehicular and pedestrian traffic generation; c) Adequate off-street parking shall be provided; d) Multiple unit dwellings will only be permitted in areas where municipal water and sewer services are available 4.4.3 GommercialUses 4.4.3.1 The general principles to be considered in the development and zoning of commercial uses in the "Hamlets" are as follows: a) The uses permitted in this land use category are those uses that may serve local residents or the entire Municipality. These uses may include establishments Official Plan of the Municipality of Bayham Revised 2009 Page 4-8 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 239 of 381 essentially engaged in the buying and selling of goods and services, automobile service stations and sales garages, places of entertainment and general assembly, offices and studios, service shops, public and institutional uses and residential uses in the form of apartments over and beyond ground floor commercial uses; The commercial areas in the "Hamlets" should remain as compact as possible in order to be readily accessible to the pedestrian public; Adequate off-street parking within the commercial lot area shall be provided for the convenience and safety ofthe people and the businesses served; Adequate buffering shall be provided between the commercial uses and adjacent uses to prevent adverse effects or impacts. Attention shall be paid to adequate buffering and landscaping of parking lots. 4.4.4 Open Space Uses 4.4.4.1 The establishment of public and private parks and recreation lands within the "Hamlets" designation is permitted. 4.4.4.2 Accessory buildings necessary for open space and recreation use will be permitted under this designation. 4.4.4.3 The provision of adequate off-street parking where necessary will be required. 4.4.4.4 \y'úhere any lands designated for open space are under private ownership, this Plan does not indicate that such land will necessarily remain as open space indefinitely, nor shall it be construed as implying that open space areas are free and open to the general public or will be purchased by the Municipality. lf proposals to develop any such lands that are in private ownership are made and the municipality does not wish to purchase such lands in order to maintain the open space, then an application for the redesignation of such lands for other purposes will be given due consideration by the Municipality. 4.4.4.5 The Municipality shall endeavour to maintain the existing parkland in the municipality and should attempt, where possible, to acquire additional lands for neighbourhood parks within the "Hamlets" as warranted by the level of residential development in these areas. 4.4.4.6 lt is the policy of this Plan that within all "Hamlets", adequate open space shall be provided. To achieve this policy Council shall ensure that the land dedication required pursuant to the Planninq Act, for consents and new subdivisions will be used to create local parks. Official Plan of the Municipality of Bayham Revised 2009 Page 4-9 b) c) d) Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 240 of 381 4.4.4.7 Monies acquired in lieu of parkland dedication shall be managed by the Municipality in a park fund for use in providing recreational lands and facilities to serve the needs of all residents. 4.5 VILLAGES This section of the Official Plan provides the land use policies that apply to future development in the Villages of Straffordville, Vienna and Port Burwell during the 2009-2029 planning period. 4.5.1 General 4.5.1.1 Three major concentrations of urban development have been designated as "Villages" in the Official Plan of the Municipality of Bayham. The villages of Port Burwell and Vienna have the capability of accommodating urban types of development on full municipal services including piped water and sewerage facilities. The village of Straffordville has the capability of accommodating urban types of development on municipal sewers. For public health and safety purposes, all proposed development within the Village of Straffordville shall require proof of potable water by the Municipality, and will be restricted to infìlling until such time as municipalwater becomes available. 4.5.1.2 There are eleven land use designations / constraints that apply in the three villages as follows: . Residential . Multi-Unit Residential . Harbour Residential/Commercial . Commercial . lndustrial a a a a a a lnstitutional Open Space Conservation Lands Hazard Lands Floodway Flood Fringe 4.5.1.3 The three "Residential" designation policies apply to the majority of lands within Straffordville, Vienna and Port Burwell, but do not necessarily all appear within each village. 4.5.1.4 The "Commercial", "lndustrial", "lnstitutional" and "Open Space" policies apply to those areas within the villages where each specific development occurs or is planned for future development. 4.5.1.5 The policies for "Conservation Lands" (Section 3.9)and "Hazard Lands" (Section 6.1) are located elsewhere in the Official Plan as they are not specific to the three Villages. 4.5.1.6 The "Floodway/Flood Frínge" policies (Section 6.2) apply to the lands within the boundaries of Vienna generally adjacent to the Big Otter Creek, which exhibit characteristics of susceptibility to flooding. Offìcial Plan of the Municipality of Bayham Revised 2009 Page 4-10 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 241 of 381 4.5.2 Residential 4.5.2.1 Wthin the areas designated "Residential" on Schedule'B', "C" and "D", the primary use of land shall be for single-detached dwellings. Two unit dwellings and seasonal dwellings may also be permitted in order to ensure a diversity of low-density housing types capable of meeting the needs of the Municipality. The dwelling units permitted in the "Residential" designation will be regulated by the Zoning By-law. Single, seasonal residential and semi-detached dwellings and duplexes should target a gross density of twenty (20) units per hectare and shall be serviced with municipal water and sewer services where one or both services are available. 4.5.2.2 The Municipality supports the redeyelopment and residential intensification of lands in the "Residential" designation where such lands are being underutilized. Such redevelopment or intensification may consist of the uses outlined in Section 4.5.1.1of the Plan and must be capable of being serviced with municipal water and sewer servtces. 4.5.2.3 Land uses other than residential will be permitted in the "Residential" designation if they serve the residential function, are compatible with it, or improve the quality of life in the neighbourhood. Examples of such uses are: . Small scale professional offìces which occupy less than 93 m" (1000 ft"); . Small scale institutional uses such as churches; Home occupations. 4.5.2.4 All such uses should comply with the applicable regulations for the use as prescribed by the Zoning By-law. As a general rule, no more than two similar complementary uses shall be situated within a two-block radius of each other. 4.5.2.5 Home occupations may be permitted if they are clearly secondary to a residential use, and comply with the standards and regulations as prescribed by the Zoning By-law. 4.5.2.6 ln orderto maintain and strengthen the development of the "Commercial" designation and in orderto maintain the character of areas designated "Residential", the establishment of commercial uses will not be permitted (with the exception of those described in subsection 4.5.1.3) in the "Residential" designation. 4.5.2.7 Neighbourhood parks, playgrounds and other public open space areas that serve residential needs and complement the character of the "Residential" areas shall be permitted in accordance with Section 4.5.8 provided they comply with the standards and regulations of the Zoning By-law. Offìcial Plan of the Municipality of Bayham Revised 2009 Page 4-1 1 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 242 of 381 4.5.2.8 Proposals for new single unit and two unit dwellings in the designated "Residential" areas shall meet the following criteria: a) Lot frontaqe. deoth and size: The lot frontage, lot depth, and lot size of any lots proposed to be used or created for residential purposes shall be appropriate to the development being proposed and consistent, wherever desirable and feasible, to adjacent and surrounding lots. ln no case shall lots be created or dwelling units constructed which do not conform to the provisions of the Zoning By-law unless the By-law is otherwise amended or a variance granted. b) Natural features: Natural site features including vegetation, tree cover, and topography shall be protected, enhanced, and incorporated into the design of the proposed development to the greatest extent possible. c) Desiqn: lnnovative housing design and site layout including energy-saving measures will be encouraged. To achieve energy savings, particular regard shall be had to building form and size, density, lot and building orientation, and on-site landscaping. d) Open space: Open space including parkland shall be provided in accordance with the policies of Section 4.5.8. e) Adiacent and surroundinq land use: The proposed development shall be compatible with existing (or proposed) neighbouring land uses. Where necessary or desirable, the proposed development shall be adequately screened from adjacent land uses by the provision of landscaping and/or buffering. f) Facilities and services: Existing or proposed municipal services (including potable water supply, sanitary sewage treatment and disposal, solid waste disposal, storm and surface drainage, roads, sidewalks, and street lighting) shall be adequate to serve the proposed development. lf these services or facilities are deemed inadequate, the Municipality may require that an agreement be entered into wirh the developer as to the design and cost apportionment of any public works required to bring these services or facilities up to the appropriate standard. g) Storm drainaqe: Adequate provision for stormwater managemenUdrainage and surface runoff subject to the requirements of the Municipality, and the statutory approval authority having jurisdiction, shall be provided. \y'Vhere in the opinion of the Municipality it is deemed necessary or desirable, the Municipality may require the submission of a grading plan and/or stormwater management plan to ensure surface water runoff does not adversely affect neighbouring properties or receiving Official Plan of the Municipality of Bayham Revised 2009 Page 4-12 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 243 of 381 watercourses. Vehicular access: Vehicular access shall be available or made available from a public highway or public street of reasonable construction and maintenance to permit year round access and shall be subject to the approval of the authority(ies) having jurisdiction. ln no case shall access be permitted where traffic hazards could result due to poor sight lines or proximity to a traffic intersection. ln new residential subdivisions, the use of a curvilinear street pattern, cul-de-sacs, and other similar design features to minimize through traffic movements shall be encouraged. The Planning Act: ln the case of a residential subdivision, all matters contained within Section 50 and 51 of the Planninq Act as amended or revised from time to time shall be complied with. 4.5.2.9 Consideration of an amendment to the Zoning By-law for mobile home parks within the Village designation will be subject to Section 4.6.1 of the Official Plan. 4.5.2.10 lt shall be the policy of this plan that an applicant who wishes to develop a mobile home park in the Village designation shall enter into a development agreement with the Municipality prior to the passing of an amendment to the implementing zoning by-law. Such an agreement will be subject to Section 4.6.1.2 of the OffìcialPlan. 4.5.2.11 Notwithstanding the policies of this Plan the following existing mobile home parks have been recognized in the "Residential" designation by this Plan and shall be appropriately zoned in the Zoning By-law; 4.5.3 a) Pitt Street, Port Burwell, Municipality of Bayham b) Elizabeth Street, Port Burwell, Municipality of Bayham Mu lti-U nit Residential 4.5.3.1 Permitted uses in the "Multi-Unit Residential" designation are housing in the form of triplex dwellings, group homes and crisis housing and medium density residential uses such as townhouses and apartment buildings, including senior citizens' complexes. 4.5.3.2 Other uses complementary to, and compatible with, residential development such as small scale schools, churches, clinics and parks may be permitted, subject to rezoning. These uses will be permitted if they serve the residential function and improve the quality of life in the neighbourhood. 4.5.3.3 Home occupations are not permitted in the "Multi-Unit Residential" designation. Official Plan of the Mun¡cipality of Bayham Revised 2009 Page 4-1 3 h) Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 244 of 381 4.5.3.4 ln the "Multi-Unit Residential" designation, apartments should target a net density of 75 units per hectare. All other permitted uses should target a net density of 35 units per hectare. 4.5.3.5 Mobile homes or trailers are not permitted in the "Multi-Unit Residential" designation. 4.5.3.6 "Multi-Unit Residential" uses shall be provided with adequate off-street parking and should be designed, situated, buffered and landscaped so as to minimize adverse impacts on adjacent properties. 4.5.3.7 "Multi-Unit Residential" developments in excess of 10 units will require site plan agreements in accordance with Section 41 of the Planning Act. Council may pass a by-law that requires plans and a site plan agreement, as set out in Section 8.17 of this plan. 4.5.3.8 The servicing of property and the land division of property in the "Multi-Unit Residential" designation shall comply with the policies of Section 4.5.1 .8 of this Plan. 4.5.3.9 The Municipality shall encourage th e redevelopmenf and residential intensification of lands from the "Residential" designation, to the "Multi-Unit Residential" where such lands are being underutilized and where they can be developed in a manner that is compatible with the surrounding development in the "Residential" designation. Such redevelopment or intensification may consist of the uses outlined in Section 4.5.3.1 of the Plan and must be capable of being serviced with municipalwater and sewer services. 4.5.3.10 Council may request that an impact study be completed by the developer in order to support a proposed "Multi-Unit Residential" development, prior to any re-zoning or amendment to the Official Plan. This study may examine, among other things, the potential impact on schools, traffic, the Municipality's infrastructure and neighbouring properties. Also discussed will be the means to address these impacts. 4.5.3.11 Development of "Multi-Unit-Residential" sites shall enhance the quality of the residential neighbourhood, with particular attention to the effects of vehicular and pedestrian traffic operation. 4.5.4 Harbour Residential/Gommercial 4.5.4.1 ln the "Harbour Residential/Commercial" designation permitted uses include townhouses targeted to a net density of 35 units per hectare; stacked townhouses to a targeted net density of 60 units per hectare; apartments to a targeted net density of 75 units per hectare; marinas and associated uses, including boat storage and repairs; parks, schools and churches; tourist commercialestablishments; and parking areas. Official Plan of the Municipality of Bayham Revised 2009 Page 4-'14 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 245 of 381 4.5.4.2 The waterfront is considered an important element to the community at large. As such, Council puts considerable value in obtaining either ownership or public easements along the Big Otter Creek for public use. Further, Council recognizes that uses such as commercial fishing, charter boat operators, recreational boating, recreational anglers, and the public boat ramp are important to the social and economic health of the wider community. 4.5.4.3 To fulfil the intent of policy 4.5.4.2, Council may accept the dedication of a linear open space system along the Big Otter Creek as parkland dedication. 4.5.4.4 Lands subject to the "Harbour Residential/Commercial" designation shall be designated, under the provisions of Section 41 of the Planninq Act, as a Site Plan Control Area. 4.5.4.5 Prior to consideration of an application for a zoning by-law amendment (including the removal of a holding symbol "h") in the "Harbour Residential/Commercial" designation, such an application shall be accompanied by the following: a) planning study measuring the probable social, recreational and traffic impacts in the village; b) A servicing feasibility study; and c) An examination of the effects of potential flooding and/or erosion along Big Otter Creek, and/or the shore of Lake Erie, in consultation with the appropriate Conservation Authority. 4.5.4.6 The required studies will show that the proposed development is compatible with surrounding land uses and would not place a burden on the existing infrastructure of the Municipality. 4.5.5 Gommercial 4.5.5.1 Within the area designated "Commercial" on Schedules "B", "C" and "D", the predominant use of land shall be for the buying and selling of goods and services. The types of commercial uses permitted ín this designation will be specified in the Zoning By-law. 4.5.5.2 Secondary uses may also be permitted in the "Commercial" designation and may include residential uses in accordance with Section 4.5.1, public parks and open space, off-street parking, and small- scale or accessory industrial uses. These secondary uses will be specified in and regulated by the Zoning By-law. 4.5.5.3 The "Commercial" designation will be recognized as the dominant areas of commercial activity in the Municipality. New commercial development should be an extension of the existing area and should Official Plan of the Municipal¡ty of Bayham Revised 2009 Page 4-1 5 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 246 of 381 be discouraged from establishing in adjacent residential areas unless it can be demonstrated that suitable sites within the "Commercial" designation are not available. 4.5.5.4 The Municipality, in co-operation and consultation with merchants and property owners, will seek to strengthen and enhance the "Commercial" designation. This will be achieved by improvements to publicly and privately owned land and through the prevention of undesirable development taking place. 4.5.5.5 Proposals for new development and redevelopment in the "Commercial" designation shall meetthe following criteria: a) Services and facilities: Existing or proposed municipal services (including potable water supply, sanitary sewage treatment and waste disposal, storm and surface drainage, roads, sidewalks, and street lighting) shall be adequate to serve the proposed development. lf these services or facilities are deemed inadequate, the Municipality may require that an agreement be entered into with the developer as to the design and cost apportionment of any public works required to bring these services or facilities up to the appropriate standards of the Municipality. b) Off-street parkinq: Adequate parking shall be provided in accordance with the Zoning By-law. As an alternative to providing on-site parking, the Municipality may accept a cash-in-lieu payment with such monies going towards the creation of new or the improvement of existing parking areas servicing the "Commercial" designation. c) Adjacent and surroundino land use: Adequate buffer planting or screening may be required along the boundary between the "Commercial" designation and any adjacent areas in any residential designation. d) Zoninq: All new development, redevelopment and expansions to existing development shall comply with the standards of the Zoning By-law unless the By-law is otherwise amended or a variance granted. e) Storm drainaqe: Adequate provision for stormwater managemenUdrainage and surface runoff subject to the requirements of the Municipality, and the statutory approval authority having jurisdiction, shall be provided. Where in the opinion of the Municipality it is deemed necessary or desirable, the Municipality may require the submission of a grading plan and/or stormwater management plan to ensure surface water runoff does not adversely affect neighbouring properties or receiving watercourses. f) Site olan aqreement: The Municipality may require entering into a site plan Official Plan of the Municipality of Bayham Revised 2009 Page 4-16 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 247 of 381 agreement to ensure the satisfactory provision and maintenance of facilities and services relating to the proposed development or redevelopment. 4.5.5.6 lt is a policy of this Plan to encourage the design, construction and maintenance of buildings, parking areas, public works and signs in a manner that will contribute to an attractive, safe and enjoyable environment. 4.5.5.7 Small-scale manufacturing or industrial uses accessory to a commercial use will be permitted subject to compliance with the Zoning By-law. 4.5.5.8 The Zoning By-law shall ensure that developments in the "Commercial" designation are appropriately set back from the road. They shall be buffered to prevent adverse land use impacts, and to protect adjacent residential, institutional and open space uses. 4.5.5.9 No open storage of materials shall be permitted in the "Commercial" designation. 4.5.5.10 The "Commercial" designation is a site plan control area and Council may pass a by-lawwhich requires plans and an agreement as set out in Section 8.17 of this Plan. 4.5.6 lndustrial 4.5.6.1 Permitted uses in the "lndustrial" designation as shown on Schedule "B', "C", and "D" are manufacturing, assembling, processing, warehousing and storage. Bulk fuel facilities, public utilities, transportation and communication facilities are also permitted. 4.5.6.2 Buildings, offices and retail activities accessory to the "lndustrial" use and an accessory residence for a caretaker, owner or essential workmen are permitted provided they are structurally attached to the lndustrial land use. 4.5.6.3 The Zoning By-law and the provisions of site plan control under Section 41 of the Planning Act shall ensure that industrial uses are appropriately set back from the road and are buffered and/or landscaped to minimize any adverse impacts on adjacent areas. The Zoning By-law shall also ensure that adequate off-street loading and parking are provided. 4.5.6.4 Notwithstanding the use of best available abatement technology, industries have the potential to create off-site nuisances due to noise, odours, vibration and particulate emissions. Given the foregoing, Council will give due regard to the guidelines referred to in the Ministry of Environment's "Guideline D-6 Compatibility Between lndustrial Facilities and Sensitive Land Uses", or its successor document, when reviewing any industrial development applications in proximity to sensitive land uses. Official Plan of the Municipality of Bayham Revised 2009 Page 4-17 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 248 of 381 4.5.6.5 lndustries that create extreme environmental conditions such as high air pollution, noise, excessive solid waste generation or high liquid waste either in volume or toxicity will not be permitted. 4.5.6.6 The proposed municipal potable water supply system, method of municipal sanitary sewage treatment and disposal, solid waste disposal, surface and storm drainage, taking of water, and any emissions to the environment shall meet the requirements of, and where necessary, be approved by the Ministry of the Environment. All new industrial uses will be required to connect to the municipal potable water supply and municipal sanitary sewerage systems. Limited exceptions may be permitted by amendment to this Plan and subject to the approval of the appropriate approval authority. 4.5.6.7 The "lndustrial" designration is a site plan control area and the MunicipaliÇ may require plans and a development agreement as set out in Section 817 of this Plan. 4.5.7 lnstitutional 4.5.7.1 Within the areas designated "lnstitutional" on Schedules "B", "C" and "D", the primary use of land shall be for clinics, places of worship, cemeteries, municipal ofilces and works yards and structures, libraries, schools, provincial or federal buildings and structures, and utilities. 4.5.7.2 Minor institutional uses include places of worship and schools. Notwithstanding any other policy of this Plan, small scale minor institutional uses are permitted in the "Residential" and "Commercial" land use designations, subject to a rezoning. All other institutional uses will be required to be located in an lnstitutional designation and may be subject to rezoning. 4.5.8 Open Space 4.5.8.1 Wthin the areas designated "Open Space" on Schedules "8", "C" and "D", the primary use of land shall be for community parks, conservation areas, fairgrounds, other similar outdoor recreation areas. Secondary uses such as buildings, structures and parking areas accessory or complementary to the "Open Space" areas shall also be permitted. 4.5.8.2 Neighbourhood parks and playgrounds serving local needs shall not be included in the "Open Space" designation but rather in a residential designation. They may however, be zoned in an open space category in the Zoning By-law. 4.5.8.3 The Zoning By-law will specify the range of uses permitted in the designated "Open Space" areas as well as the minimum standards which will apply to buildings and structures accessory or complementary thereto. Official Plan of the Munic¡pality of Bayham Revised 2009 Page 4-1 I Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 249 of 381 4.5.8.4 \Â/here lands designated as "Open Space" are in private ownership, such designation does not imply that these lands will remain as open space, nor shall it be construed as implying that these areas are free and open to the general public or will be purchased by the Municipality or any other public authority. lf a proposal is made to develop any such lands and the Municipality or the appropriate public authority does not wish or is unable to purchase the lands in question for open space purposes, the Municipality may redesignate the said lands for development purposes. 4.5.8.5 The Municipality will continue to support the development and maintenance of recreation facilities; the acquisition, beautification, and maintenance of public open space; and the development of recreation programs insofar as its fìnancial resources permit. 4.5.8.6 The Municipality will ensure that adequate, safe neighbourhood parks are provided to serve the areas in any residential designation. A minimum size for a neighbourhood park may be established in the Zoning By-law. 4.5.8.7 ln order to acquire and develop parks and open space areas, the Municipality shall require a dedication of five percent, or cash-in-lieu, of the lands being subdivided for residential purposes and for commercial and industrial purposes, two percent in accordance with the Planninq Act. The monies received from cash in lieu payments may be used to purchase park and open space areas elsewhere in the Municipality or, for any other public recreational purpose. 4.5.8.8 Lands within the area designated "Open Space" on Schedules "B", "C" and "D", may be susceptible to hazardous conditions other than those associated with flooding. As such, prior to an Official Plan Amendment to redesignate land from the Open Space designation, written approval from the Conservation Authority must be obtained, if required by the Municipality. 4.5.8.9 Port Burwell's sewage treatment plant may periodically generate odours that could be a source of nuisance to residential and other uses if such uses were permitted to locate in close proximity to the plant. ln order to avoid land use conflicts and to protect the site from encroachment, the Municipality may not adopt any amendments to the "Open Space" designation that would permit odour sensitive uses to locate within 150 metres of the property/lot line of the sewage treatment works. 4.6 4.6.1 MOBILE HOME PARKS AND SEASONAL TRAVEL TRAIEE PAEKS Mobile Home Parks 4.6.1.1 Consideration of the following factors shall be given in the evaluation of an amendment to the Zoning By-law for mobile home parks: a) All mobile homes are to be contained in a mobile home park development, which Official Plan of the Municipality of Bayham Revised 2009 Page 4-19 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 250 of 381 may be established by a Plan of Subdivision pursuant to the Plannino Act; b) The land shall be accessible to a main road by means of the roads within the mobile home park; c) The mobile home park shall be located such that bus or school services are not unduly affected, and these shall be available to the site; d) The park must be served by a municipal or communal water supply and sewage disposal systems, which meet the requirements of and are approved by the Ministry of the Environment, or its delegated authority as applicable. The methods of and arrangements for ensuring responsibility for systems operation and maintenance shall satisfy the Ministry of the Environment; e) The maximum density of development will not exceed 20 units per hectare and the minimum home size shall be 55 square metres; f) Utilities and services such as hydro, lighting, telephone, roads and sidewalks shall be provided by the developer. Garbage collection and disposal may be provided by the developer or by the Municipality; g) Adequate buffering shall be provided to shield the mobile home park from neighbouring uses and vice versa; h) Eight percent of the gross area of the mobile home park shall be designated as a recreational area. The buffer zone shall not be a part of the recreation area; i) All housing units and services shall be in accordance with the standards and specifications of the Province of Ontario; j) Mobile home parks shall as a general rule, be a maximum of 80 units and a minimum of 20 units in size; k) For the purposes of this plan, a "mobile home" shall be defined in accordance with the Planninq Act, but does not include any single-detached dwelling that has been constructed so as to be located on a site other than that which it has been constructed on. 4.6.1.2 lt shall be the policy of this plan that an applicant who wishes to develop a mobile home park shall enter into a development agreement with the Municipality prior to the passing of an amendment to the Zoning By-law. Such an agreement shall include: a) Arrangement for buffer planting to effectively screen the proposed development from other residential, commercial or industrial uses; Offìcial Plan of the Municipality of Bayham Revised 2009 Page 4-20 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 251 of 381 lnstallation and maintenance of services; Control of drainage on and from the property; Control of the specific use to be made of the property and the location of all facets of the development by a site plan. This site plan shall indicate: 1. The true shape, topography, contours, soil and drainage characteristics, dimensions, acreage and location of the property to be developed as well as the extent of adjacent property held for future mobile home park development; 2. The existing use of all land and the location and use of all buildings and ,structures lying within a distance of 100 metres from the land that is to be developed for the mobile home park; 3. The location, height, dimensions and use of all buildings or structures existing or proposed to be erected on the property; 4. All entrances and exists; 5. Design plans for the progressive and ultimate development of individual mobile home lots, ancillary facilities and internal roads; 6. Drainage provisions - the method and final grades, by which the mobile home park shall be adequately drained, certified by a qualified engineer. 4.6.1.3 Notwithstanding the policies of this Plan the following existing mobile home parks have been recognized in a Settlement Area designation of this Plan and shall be appropriately zoned in the Zoning By-law; 4.6.2 e) Pitt Street, Port Burwell, Municipality of Bayham f) Elizabeth Street, Port Burwell, Municipality of Bayham Seasonal Travel Trailer Parks 4.6.2.1 Seasonaltraveltrailer parks are permitted in designated "Hamlets" and areas designated as "Open Space" or "Conservation Lands" in Straffordville, Vienna, or Port Burwell by an amendment to the Zoning By-law. lt shall be the policy of this Plan that an applicant who wishes to develop a seasonal travel trailer park shall enter into a development agreement with the Municipality prior to the passing of an amendment to the Zoning By-law as applicable. Such an agreement shall include and ensure that the seasonal travel trailer park meets the following requirements: a) The park must be accessible to a main road by means of a service road or roads b) c) d) Official Plan of the Municipality of Bayham Revised 2009 Page 4-21 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 252 of 381 b) within the park; The park must be served by a municipal or communal water supply and sewage disposal systems, which meet the requirements of and are approved by the Ministry of the Environment or its delegated authority as applicable. The methods and arrangements for ensuring adequate systems operation, maintenance, and responsibility shall satisfy the Ministry of the Environment; The park must be served by utilities and services such as hydro, lighting, storm drainage, and roads provided by the developer. Garbage collection and disposal may be provided by the developer or by the Municipality; An adequate buffer zone and buffer planting shall be provided to effectively screen the proposed development from other residential, commercial or industrial uses whether existing or proposed; The park must have minimum lot sizes, which are not less than 150 square metres; The park must be in operation only during the months of April to November; The park must have 5 percent of the gross area designated as a recreationalarea. The buffer zone shall not be a part of the recreation area. ln addition, the 5% park land so designated should be consolidated in one location so that the land set aside for recreation is not dispersed throughout the trailer park area in a number of small plots; The roads in the park must have a paved or gravel surface and adequate space must be provided to permit cars with trailers to back onto the lots; The speciflc use to be made of the property and the location of all facets of the development must be set out in a site plan. This plan should indicate: 1. The true shape, topography, contours, dimensions, area and location of the property to be developed as well as the extent of adjacent property held for future mobile park development; 2. The existing use of all land and the location and use of all buildings and structures lying within a distance of 120 metres from the land that is to be developed for the seasonal travel trailer park; 3. The location, height, dimensions and use of all buildings or structures existing or proposed to be erected on the property; 4. All entrances and exits; c) d) e) f) s) h) Offìcial Plan of the Municipality of Bayham Revised 2009 Page 4-22 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 253 of 381 Design plans for the progressive and ultimate development of individual travel trailer lots, ancillary facilities and internal roads; Drainage provisions - the method and flnal grades, by which the travel trailer park shall be adequately drained, certified by a qualifled engineer; The location of any communal wells and subsurface sewage treatment and disposal systems, both within the proposed development and within a distance of 120 metres from the land that is to be developed. 4.6.2.2 Notwithstanding any policies of this Plan to the contrary, the following existing Seasonal Travel Trailer Parks and Campgrounds are recognized by this Plan and shall be appropriately zoned in the Zoning By-law: a) Bridge St., Port Burwell; b) Port Burwell Provincial Park 5 6 7 Official Plan of the Municipality of Bayham Revised 2009 Page 4-23 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 254 of 381 SECTION 5 INFRASTRUCTURE, PUBLIC SERVICE FACILITIES AND ENERGY 5.1 SEWAGE AND WATER 5.1.1 General 5.1 .1.1 The Municipality's preferred hierarchy of sewage and water services to accommodate growth within its settlement areas are as follows: Fully serviced - municipal sewage serylces and municipal water services are the preferred form of servicing; Partially serviced - municipal sewage services and individual on-site water seruices are the second most preferred option; lndividually serviced - rndividual on-site sewage servlces and individual on-site water seryices are the least preferred option for new development. Partially serviced - development on municipal water serurbes and individual on-site sewage seryrbes will be discouraged. 5.1.1.2 The Municipality will also consider the use of private communal sewage and water services on a site-specific basis, where such public services are not feasible. 5.1.1.3 The Municipality will encourage and promote water conservation and water use efficiency. 5.1 .1 .4 Regardless of the type of servicing provided as per Section 5.1.1 .1 and 5.1.1.2 of this Plan, any new development will be subject to confìrmation of sufficient reserve capacity in the applicable water and/or sewer system. 5.1.2 Municipal sewage seruices and municipal water services 5.1.2.1 The villages of Port Burwell and Vienna have both municipal sewage and water services and will be the focus of growth within the Municipality. 5.1 .2.2 The Municipality will not permit development within serviced areas that cannot be feasibly connected to Jthe municipal sewage serurbes fmunicipalwater seruices. 5.1 .2.3 The Municipality will provide municipal sewage seruices and municipal water services in a manner that is financially viable, complies with all regulatory requirements; and protects human health and the natural environment. Ofücial Plan of the Municipal¡ty of Bayham Revised 2009 Page 5-'l Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 255 of 381 5.1.3 Partial Services (Sewers Onlvl 5.1 .3.1 The Village of Straffordville and portions of the Hamlet of Eden have municipal sewage services and individual on-site water seruices (wells). 5.1.3.2 The Municipality will endeavour to extend municipal water seruices to partially serviced areas to allow for future multi-unit development and intensification opportunities. Such expansion will be done in a mannerthat is consistentwith Section 5.1.2.3 of the Plan. However, nothing in this Plan shall be construed as a public commitment to extend municipal water services during the time framework of this Plan. 5.1.4 lndividual Services 5.1.4.1 The hamlets of Corinth, North Hall, Richmond, Calton, and portions of Eden are serviced by individuat on-slfe sewage serylces and individualon-site water services. Any growth in these areas will be limited to infill development of a size and scale that complies with the requirements of the Zoning By-law and does not threaten human health and safety. 5.1.4.2 Any development outside of the designated Hamlets and Villages will be servicedby individualon' site sewage serulces and individual on-site water seruices, unless any such municipal sewage services or municipal water se¡vices are required for public health and safety reasons. 5.2 5.2.1 TRANSPORTATION General This section should be read in conjunction with Schedules "41", 'B', "C" and "D" to this Plan, which shows the general classifìcation of roads in the Municipality. 5.2.2 Road Svstem The road system serving the Municipality of Bayham is comprised of a Provincial Highway, CounÇ Roads and Municipal Roads. With the exception of new roads created as a result of a plan of subdivision and/or a site plan agreement for a major development, the existing County and Municipal road system is considered adequate to meet the needs of the Municipality over the planning period. No significant changes apart from normal maintenance and improvements are expected or considered necessary. 5.2.3 Road Classifications 5.2.3.1 The Provincial Highway is designated as such and County roads are arterial roads on Schedules "41', "B', "C" and "D". Both the Provincial Highway and the County roads are designed to connect the major traffic generating areas of the Municipality and to be capable of carrying large to medium Official Plan of the Municipality of Bayham Revised 2009 Page 5-2 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 256 of 381 volumes of traffic within and through the Municipality. All other roads are local roads which are intended to provide access to abutting properties, to serve destination as opposed to through traffic, and to act as feeders to the arterial road system. 5.2.4 Road Allowance Widths The required road allowance of a road or highway shall be determined by the authority having jurisdiction. Generally, arterial roads shall have a right-of-way ranging from 20 metres to 30 metres. Local roads shall have a right-of-way ranging from 20 metres to 26 metres. ln some cases, such as cul-de-sacs and short streets, consideration may be given to road allowances that are less than 20 metres in width; however, in no case shall a road allowance be created that is less than 15 metres in width. 5.2.5 Neiqhbourinq Municipalities The road system of the Municipality shall be compatible and co-ordinated with the road system of neighbouring municipalities. 5.2.6 Subdivisions New roads created as a result of a consent or plan of subdivision shall be constructed to the standards of the Municipality prior to assumption by the Municipality. Wren new roads intersect Provincial Highways or County Roads, standards of construction at these intersections shall be subject to the approval of the Ontario Ministry of Transportation or the County of Elgin as the case may be. Official Plan of the Municipality of Bayham Revised 2009 Page 5-3 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 257 of 381 5.2.7 Railwavs 5.2.7 .1 All proposed development within 300 metres of a railway right-of-way shall be required to undertake noise studies, to the satisfaction of the municipality and in consultation with the appropriate railway. Noise studies shall be completed in accordance with provincial guidelines. The proponent shall undertake appropriate measures to mitigate any adverse effects from noise that were identified. 5.2.7.2 All proposed development within 75 metres of a railway right-of-way may be required to undertake vibration studies, to the satisfaction of the Municipality and the appropriate railway. The proponent shall undertake appropriate measures to mitigate any adverse effects from vibration that were identified. 5.2.7 .3 All proposed development adjacent to railways shall ensure that appropriate safeÇ measures such as setbacks, berms, and security fencing are provided, to the satisfaction of the Municipality in consultation with the appropriate railway. 5.2.8 lmpacts on Heritaqe Resources ln the case of extensions to roads and other necessary road improvements in general, including realignment and road widening, consideration will be given to the impact of such extensions or improvements on heritage resources, especially on the character of streetscapes and major crossroads or intersections. 5.2.9 Unopened Road Allowances The location of existing unopened road allowances are indicated on Schedules "B", "C" and "D" to prevent possible encroachment from future development. Actual alignment of these new roads or streets will be established at the time of survey. An amendment to this Plan will not be considered necessary to close an existing road allowance where considered desirable to do so by Municipal Council, or alternatively to establish a new road allowance. 5.2.10 Plank Road Traffic control devices shall be placed so as to favour through traffic on Plank Road. Local streets shall be stop streets where they intersect with Plank Road. 5.2.11 Marina It is the policy of this Plan to support and encourage the establishment of a marina on Lake Erie at the mouth of Big Otter Creek. Off cial Plan of the Municipality of Bayham Revised 2009 Page 5-4 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 258 of 381 5.2.12 Active Transportation 5.2.12.1 lt is the policy of this Plan to support and encourage the development of sidewalks for pedestrian movement within its settlement areas. 5.2.12.2 lt is the policy of this Plan to support and encourage the development of trails on both public and private lands for both pedestrian and other non-motorized forms of transportation which are aimed at promoting public health through outdoor activities. Through the review of the layouts of any such trails, the Municipality will consider the impact of the trail use on any neighbouring land uses, and may require site plan control to address such issues as landscaping and fencing to protect privacy and to discourage trespassing. 5.3 ENERGY 5.3.1 Enerqv Efficiencv lnnovative development, including design and site layout which emphasizes reducing environmental impacts and increasing energy-saving measures will be encouraged. To achieve these objectives, particular regard shall be had to building form and size, density, lot and building orientation, and on-site landscaping. 5.3.2 Electric Power Facilities All existing electric power facilities and the development of any undertakings of Hydro One or successor companies, but not including buildings or land used for executive, administrative or retail purposes, or held under lease or license from Hydro One, are permitted in all land use designations without amendment to this Plan. However, prior to carrying out or authorizing an undertaking that will directly affect the Municipality, Hydro One shall consult with the Municipality and have regard for the policies of this Plan. 5.3.3 Renewable Enerqv Svstems 5.3.3.1 The Municipality of Bayham supports the development of renewable energy systems for electricity production, as a source of renewable energy for the economic and environmental benefit of the Municipality and the Province, including wind, solar, and biogas/biofuel energy systems. Official Plan of the Municipal¡ty of Bayham Revised 2009 Page 5-5 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 259 of 381 5.3.3.3 5.3.4 5.3.4.1 Renewable energy system proponents are encouraged to contact the municipality prior to commencing any necessary_background studies, to determine the nature and scope of the issues, which need to be addressed as per the municipal consultation requirements under Ontario Regulation No. 359/09. Larqe-Scale Renewable and Alternative Enerqv Svstems This section applies to non-wind related large-scale renewable and alternative energy systems. The Municipality of Bayham supports the development of large-scale renewable and alternative energy systems and facilities intended for public electricity production and the manufacture of energy products intended to reduce reliance on fossil fuels, as sources of energy for the economic and environmental benefìt of the Municipality and the Province. Such systems and facilities may be permitted in any rural or urban land use designation subject to the following criteria: a) The system and/or facility will have convenient access to railways, major highway routes, transmission corridors or rights-of-way, for the transportation / transmission of energy or energy products; b) The preferred form of servicing will be municipal water and sanítary services necessary for the production facility. Alternatively, development may occur on private water and sanitary services, where the proponent has demonstrated long term capacity for private on site water and sanitary services without negative impacts on the quality and quantity of water on surrounding lands. c) When located in a rural land use designation, the system and/orfacilitywillgenerally be located on lower priority agricultural lands and positioned on site to minimize disruption to normal farm practices. 5.3.4.2 Large-scale renewable and alternative energy systems and facilities may be permitted by an amendment to the Official Plan, in both urban and rural land use designations, where the applicant demonstrates through appropriate studies undertaken by qualified professionals that land use issues related to the amendment application have been addressed to the satisfaction of the Municipality. The proponent shall undertake one or more of the following applicable studies: Official Plan of the Municipality of Bayham Revised 2009 Page 5-6 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 260 of 381 A noise impact study will be undertaken to determine setbacks for systems and facilities from sensitive land uses in accordance with Ministry of the Environment guidelines; A visual impact study will be undertaken to determine the impact and mitigation measures required for any structures on surrounding sensitive land uses; An environmental impact study shall be undertaken where natural hazards and natural heritage features or functions are identified in the Official Plan. Where natural features or functions are identified, the environmental impact study must demonstrate that the proposed development will have no negative impacts on the natural features ortheir ecologicalfunctions. Development or site alteration shall not be permitted in significant habitat of endangered species and threatened species, significant wetlands and significant coastal wetlands; Where a significant amount of agricultural land is intended to be removed from agricultural use, a report will be required demonstrating that the proposed system or facility does not negatively impact normal farm practices, and is compatible with surrounding agricultural operations; and Any other such background studies as deemed necessary by Council prior to consideration of the amendment, related to odour, vibration, municipal servicing capacity, traffìc, or other land use impact related to the proposed Zoning By-law amendment. 5.3.4.3 Large scale renewable and alternative energy systems and facilities shall be subject to a site plan agreement, for the location of road access, parking, accessory buildings, vegetative buffers, location of external works/facilities, storm water managemenVdrainage and any other identified impact miti gation facilities/measures. 5.3.5 Small Scale Wind Enerqv / Renewable and Alternative Enerqv Svstems 5.3.5.1 Small-scale wind energy systems and renewable and alternative energy systems intended primarily for on-site energy production and use shall be permitted as of right in any zone as an accessory use, provided any structures, facilities or appurtenances associated with the system comply with the regulations of the zone in which it is located; and provided that the system does not create any adverse impacts on surrounding land uses. Official Plan of the Mun¡cipality of Bayham Revised 2009 Page 5-7 a) b) c) d) e) Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 261 of 381 SECTION 6 NATURAL HAZARD LANDS 6.I HAZARD LANDS DESIGNATION 6.1.1 General 6.1.1.1 The "Hazard Lands" designation applies to areas which exhibit or potentially exhibit a hazardous condition as a result of their susceptibility to flooding, erosion, dynamic beach hazards, subsidence, slumping, inundation or the presence of unstable soils, unstable bedrock, or steep slopes. 6.1.1.2 ln the Municipality of Bayham the boundaries of the "Hazard Lands" designation have been generalized on Schedule'42', '8", "C", and "D" to follow the regulation limit determined by the Long Point Region Conservation Authority due to the absence of detailed engineered flood line mapping in the Municipality. These areas may be used for any of the uses permitted in the underlying land use designation found on the map. ln all cases the location of buildings and structures for purposes other than flood or erosion control will be regulated through the provisions of the Zoning By-law after Municipal Council has consulted the Conservation Authority where applicable. 6.1.1.3 The "Hazard Lands" designation within Port Burwell, adjacent to Big Otter Creek was determined through the simulation of the I 00-year hydraulic flood as established by the Conservation Authority. The lands within the "Hazard Lands" designation represent the engineered Flood plarn for the Big Otter Creek. Bridges, culverts, hydro structures and boathouses without residential quarters, are permitted. 6.1.2 Buildinqs and Fill No buildings and structures shall be permitted in the "Hazard Lands" except where a permit or written clearance is obtained from the Conservation Authority or where such buildings, structures or fill are intended for flood or erosion control and are approved by the Municipal Council and/or the Conservation Authority. 6.1.3 Flood ControlWork Whenever any flood control or other works are undertaken which result in changes in any area designated as "Hazard Lands", such changes will be incorporated into the appropriate Land Use Plan, by an amendment to this Plan. 6.1.4 Land Dedication Under the Planninq Act Where new development is proposed on a site, part of which is designated as "Hazard Lands" in the plan, then such lands shall not necessarily be acceptable as part of the dedication for park purposes as required under the Planninq Act. All lands dedicated to the Municipality shall be conveyed in a physical condition satisfactory Official Plan of the Municipality of Bayham Revised 2009 Page 6-l Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 262 of 381 to the Municipality. 6.1.5 Setbacks and Lotlines Building setbacks will be imposed from the margins of hazard lands in relation to the kind, extent and severity of the existing and potential hazards after consultation with the Conservation Authority. 6.1.6 Gonsideration of Amendments 6.1 .6.1 Where any land designated as "Hazard Lands" is under private ownership, the Plan does not intend that this land will necessarily remain as hazard land indefinitely, nor shall it be construed as implying that such land is free and open to the general public or that the land will be purchased by the Municipality or any other public agency. Applications for the redesignation of "Hazard Lands" for other purposes may be considered by the Municipal Council after consultation with the Conservation Authority and various Ministries or agencies and after consideration of the following: a) The existing physical hazards; b) The potential impacts of these hazards; c) The proposed methods by which these impacts may be overcome in a manner consistent with accepted engineering techniques and resource management practices; and, d) The costs and benefits in monetary, social and biological value in terms of any engineering works and/or resource management practices needed to overcome these impacts. 6.1.6.2 There is no public obligation, however, either to redesignate or to purchase any area designated "Hazard Lands" particularly if there is an existing or potential hazard that would be difficult or costly to overcome, and furthermore, any studies or plans required by the Municipality or the Conservation Authority must be prepared by the applicanUlandowner at his own expense. 6.1.7 Vallev Walls and Top of Bank 6.1.7.1 Valley walls and banks adjacent to the actual flood plain or valleylands system in the "Hazard Lands" designation may be subject to erosion or instability due to soil and slope characteristics. ln many cases, these lands also possess unique physical features, which further warrant their preservation. 6.1.7.2 Valley walls and the top of bank shall be considered to extend from the flood plain to a distance of 30 metres from the top of bank of all flood plain areas. Valley walls are the area of lands between Off cial Plan of the Municipality of Bayham Revised 2009 Page 6-2 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 263 of 381 the watercourse and the top of bank. The top of bank is defìned as the highest point of the valley walls as determined by a 3:1 (run:rise) elevation, which begins I 5 metres back from the toe of bank of the watercourse. 6.1 .7.3 Lands within the valley walls and top of bank areas are intended primarily for the preservation of the natural landscape. Such uses as agriculture, outdoor recreation, nursery gardening, forestry, public or private parks, or other outdoor recreation functions, may be permitted. 6.1.7.4 The erection of buildings, grading, or any other construction may be undertaken in this area provided that: Engineering reports are prepared at the cost of the owner/applicant to ensure that the proposed construction will not be endangered by possible erosion or land slippage and that adequate tableland exists to ensure proper sewage servicing. The development is compatible with the natural landscape and does not adversely alter the valley features or result in extensive clearing of wooded areas. Written permission is received from the Conservation Authority and the Ministry of Natural Resources. 6.1.8 Lake Erie Shoreline 6. I .8.1 The Lake Erie shoreline area is a strip of land immediately adjacent to Lake Erie that is influenced by flooding, erosion, and dynamic beachhazards and may present a hazard to any structures within this area. Forthe purpose of the Official Plan the "Hazard Lands" will begin atthe furthest landward limit of these three shoreline hazards. a) The flooding hazard limit will extend for a distance determined by the following formula: 100 yr. + flood level The erosion hazard limit will extend for a distance determined by the following formula: D = 3h + 100r (or)30 metres (whichever is greater) Where þ = Setback (metres) measured from toe of bluff Difference in elevation between top of bluff and toe of bluff which a) b) c) l5 metres (engineered flood allowance for wave uprush and other water related hazards) b) þ= Official Plan of the Municipality of Bayham Revised 2009 Page 6-3 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 264 of 381 may or may not be below or above lake level elevation Note: Lake level is elevation 173.85 metres ASL (GSC datum) (average for last ten (10) years during November to March period) 100 = Constant representing 100 years of protection r = Rate of erosion in metres per year at the point under consideration, as determined by the appropriate Conservation Authority. extend for a distance determined by thec) The dynamic beach hazard limit will following formula: flooding hazard limit as determined by subsection 6.1.8.1 a) dynamic beach allowance of 30 metres 6.1 .8.2 The policy of this Official Plan is to allow structures within this area only if the erosion at the building site in question has been decreased to zero by a stabilization project. Such stabilization project must be: a) Designed and supervised by a registered Professional Engineer; b) Approved by the appropriate Conservation Authority, Municipal Council and the Ministry of Natural Resources. 6.1.8.3 ln some cases, buildings and structures may be erected closer to the waterline than the distance calculated through the application of the formula in subsection 6.1.8.1 a) of this Plan. Such buildings and structures may be associated with water-related uses such as marinas, docks and boathouses, and in all cases, the erection or expansion of all such buildings and structures shall be subject to the approval of the appropriate Conservation Authority. 6.1 .8.4 For areas that are exposed to the 1:100 year lake level and wave uprush as defined by the Ministry of Natural Resources, new development, and additions to, or relocations of existing structures, shall incorporate floodproofìng measures and shall be subject to the approval of the Municipal Council, Ministry of Natural Resources and the appropriate Conservation Authority. 6.1.9 Development Policies 6.1.9.1 The following designation: policies will apply for any proposed development within the "Hazard Lands" Development within lhe defined portion of a dynamic beach, or in areas which will initiate or increase existing flooding hazards, erosion rates, or dynamic beach a) Official Plan of the Municipality of Bayham Revised 2009 Page 6-4 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 265 of 381 b) c) d) processes along areas of the F/ood plain, valley walls and Lake Erie shoreline will not be permitted. On the Lake Erie shoreline, the approval of the Ministry of Natural Resources will also be secured before Council gives favourable consideration to any shoreline- related development. Vehicular and pedestrian mobility to and from sites within the "Hazard Lands" designation must be ensured during times of emergency (ie. flooding, erosion etc.). No new development of buildings or other structures will be permitted on the toe of slope if it is unstable and susceptible to erosion. Slope stabilization measures shall be undertaken in accordance with the advice of the appropriate Conservation Authority. No development involving institutional uses, essential emergency serulces, or involving the disposal, manufacture, treatment, or storage of hazardous substances will be permitted. Be subject to the approval of the appropriate Conservation Authority, and where title to the bed of the waterway is vested with the Crown, the Ministry of Natural Resources; Be designed, constructed and maintained in a manner that contributes to the amenity of the Municipality; Not contain sanitary facilities unless connected to municipal sewers; Be located so as not to interfere with navigation or aids to navigation; Be constructed and placed so as to minimize the impact on natural vegetation and topography; Not contain any residential accommodations. e) 6.1.10 Docks and Waterfront Structures 6.1 .10.1 Docks, waterfront and marina structures on property abutting water shall: a) b) c) d) e) Ð s) Official Plan of the Municipality of Bayham Revised 2009 Page 6-5 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 266 of 381 6.2 6.2.1 FLOODWAY/FLOOD FRINGE General 6.2.1 .1 Lands that may be subject to periodic flooding or slope instability are identified as either "Floodway" or "Flood Fringe" on Schedule "C" using a two zone concept for flood plains. These lands are associated with the Big Otter Creek, which flows through the village of Vienna. 6.2.1.2 Prior to the erection or alteration of any buildings or structures, or any other construction that will require floodproofing measures, a property survey shall be completed to verify topographic elevations. 6.2.1.3 Existing uses in the "Floodway" designation will be recognized in the Zoning By-law as legal non- conforming uses. Existing uses in the "Flood Fringe" designation may be recognized as permitted uses by the underlying land use designations. Additional development or redevelopment of land in these areas will however, be in accordance with the following policies for either the "Floodway" or "Flood Fringe" as shown on Schedule "C" to this Plan. 6.2.2 Floodwav 6.2.2.1 The "Floodway" designation shown on Schedule "C" is based on a hydrologic calculation to develop a two zone flood concept of the 1:100 year storm event on the Big Otter Creek. 6.2.2.2 The erection of any buildings or structures other than those required for flood or erosion control, or those which are othenryise permitted by Section 6.2.1.4 of this Plan are prohibited in the "Floodway". 6.2.2.3 Minor extensions or enlargements to existing buildings and structures which are not otherwise prohibited by this Plan shall be in compliance and conformity with the regulations of the Zoning By- law, and must receive written approval from the Conservation Authority regarding acceptable floodproofing elevations and measures. The Conservation Authority will determine whether the proposal is minor in nature and specify the level of floodproofing required. 6.2.2.4 lf partial or total destruction of a building or structure occurs in the "Floodway" due to fire, flood, or other natural disaster, that building or structure may be rebuilt to its former dimensions and for the same use as existed immediately before its destruction, subsequent to the written approval of the Conservation Authority regarding acceptable fl oodprooflng elevations and measures. 6.2.2.5 Uses that may be permitted within the "Floodway" designation include: . Open space for public or private recreation purposes excluding permanent buildings and structures; Official Plan of the Municipality of Bayham Revised 2009 Page 6-6 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 267 of 381 ' lil::ff;ï:A':'.'ffiil:,:':ffi;""";";;i.". long as they are not explosive, buoyant, corrosive, flammable, or a pollutant; . Roads, bridges, railways and other public services of approved hydrologic design; . Appurtenances that would not obstruct the passage of flood waters or debris, 6 2 2 6 rne estaor¡sn ji "' ""^' ,:',1":"::;::.'j'"i: ': i""ï; ",:T" ** to *,.¡tt"n approval of the Conservation Authority and/or the Ministry of Natural Resources and shall be in conformity and compliance with the regulations of the Zoning By-law. 6.2.3 Flood Frinqe 6.2.3.1 The "Flood Fringe" designation shown on Schedule "C" is based on the Regulatory Flood level (1 :100 Year Storm Event) of the Big Otter Creek. The "Flood Fringe" defines the upper limit of flooding under the most severe regulation flood conditions and applies to the area(s) between the "Floodway" level and the Regulatory Flood Level. 6.2.3.2 The development of buildings and structures will be permitted in the "Flood Fringe" designation subject to floodproofing to the Regulatory Flood level and any other special flood protection measures which are adopted in compliance with the regulations of the Zoning By-law, and subject to written approvalfrom the Conservation Authority. Consideration will also be given to ingress/egress such that vehicular and pedestrian movement is not prevented during times of flood. 6.2.3.3 The extension, enlargement, expansion and redevelopment or floodprooflng of existing buildings and structures will be permitted in the "Flood Fringe" designation subject to compliance with the regulations of the Zoning By-law, and subsequent to the written approval of the Conservation Authority regarding acceptable floodproofing elevations and measures. 6.2.3.4 lf partial or total destruction of a building or structure occurs in the "Flood Fringe" designation due to flood, fire or other natural disaster, that building or structure may be rebuilt subsequent to the written approval of the Conservation Authority regarding acceptable floodproofing elevations and measures and all other applicable regulations of the Zoning By-law. 6.2.3.5 The permitted uses and floodproofing requirements for buildings and structures in the "Flood Fringe" designation shall be detailed in the Zoning By-law. 6.2.3.6 Any placement or removal of fill within the "Flood Fringe" designation will be subject to the written approval of the Conservation Authority. Official Plan of the Municipal¡ty of Bayham Revised 2009 Page 6-7 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 268 of 381 SECTION 7 COMMUNITY IMPROVEMENT Municipal Council has determined that all of the Hamlets and Villages shown on Schedule "Al" to the Official Plan shall form the community improvement areas in the Municipality of Bayham during the 2009-2029 planning period. 7.1 COMMUNITY IMPROVEMENT GOALS AND OBJECTIVES 7.1.1 Goals 7.1.1.1 To stabilize preserve and improve existing and viable residential, recreational and commercial areas in the Hamlets and Villages of the Municipality of Bayham; 7.1.1,2 To utilize community improvement initiatives as an incentive to attract new commercial and fr-T] industrial establishments to the hamlets, with particular emphasis on the expansion of the indu lËlbase in the Villages of Straffordville, Vienna and Port Burwell. 7.1.1.3 To safeguard the health, convenience and enjoyment of both residents and visitors by improving social, cultural and recreational facilities and services. 7 .1 .1.4 To protect and improve the economic well being of the Municipality and its residents by encouraging and/or participating in programs that will promote new jobs, new capital investment and increases in the economic base and municipal tax base, having regard for the cosVbenefit relationship of such programs. 7.1.2 ResidentialObiectives 7.1.2.1 To improve conditions in older deteriorating but potentially stable and predominantly residential areas or neighbourhoods so as to maintain their long-term viability; 7.1.2.2 7.1.2.3 To encourage infilling in established residential neighbourhoods and under-developed areas designated for such land use so as to maintain the relatively compact configuration of development within the Hamlets and Villages; To encourage rehabilitation and upgrading of existing housing stock so as to achieve and maintain a minimum standard of housing; To upgrade municipal services, public utilities and socialand recreationalfacilities;7.1.2.4 Offìcial Plan of the Municipality of Bayham Revised 2009 Page 7-1 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 269 of 381 7 .1.2.5 To ensure that municipally operated facilities and community services are provided consistent with the identified needs of all residents in the Hamlets and Villages; 7.1.3 Commercial Obiectives 7.1.3.1 To improve both parking and pedestrian facilities in the commercial areas; 7 .1 .3.2 To encourage the rehabilitation of existing commercial and institutional developments in the Hamlets and Villages; 7 .1.3.3 To improve the overall attractiveness of the commercial areas in terms of aesthetics and public amenities; 7.1.3.4 To diversify and expand the economic base of the Hamlets and Villages, and to expand the range of services and shopping opportunities available in the Hamlets and Villages; 7.1.3.5 To prepare and implement a design scheme and marketing strategy for the "Commercial" designations in Straffordville, Vienna and Port Burwell. 7.1.4 Other Obiectives 7.1.4.1 ln addition to the specific Residential and Commercial objectives, the following objectives are intended to achieve the goals of Community lmprovement: a) surface treat all local roads that are within the Municipality's jurisdiction; b) provide curbs, gutters and asphalt on all collector and arterial roads in the Municipality; c) provide adequate street lighting on all local and arterial roads in the Municipality and on certain local roads where warranted; d) provide low intensity lighting on footpaths, lanes and in park areas; e) provide sidewalks in urban areas of the Municipality where it is warranted by pedestrian trafüc; f) improve existing, and establish new parks, playgrounds, rest areas, open space areas, indoor recreational facilities and water access facilities; g) improve existing and establish new social and recreational facilities and programs for children, adults and senior citizens; h) phase out non-compatible land uses as identified by both the Official Plan and the Zoning By-laws; Official Plan of the Municipality of Bayham Revised 2009 PageT-2 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 270 of 381 i) provide publicly-owned and operated sewage collection facilities to all urban property owners; j) provide publicly-owned and operated water services to all urban areas. The water shall be of a quality water distribution system shall be of a standard acceptable to the Ministry of Environment or their delegated authority. 7 .1.4.2 ln achieving the above objectives, Council shall considerwhetherfinances permit the undertaking of these objectives. 7.2 CRITERIA FOR THE SELECTION OF COMMUNITY IMPROVEMENT AREAS 7.2.1 Residentíal Griteria 7.2.1.1 A significant portion of the residential properties are in need of rehabilitation; 7.2.1.2 Deficiency of neighbourhood parkland such as playgrounds, rest areas etc., or other identifled recreational facility resources; 7 .2.1.3 Need for improvement to or extension of municipal services including water mains, sanitary sewers, storm sewers, storm drains and catch basins, pumping stations, street lights, roadways, sidewalks, curbs and gutters; 7.2.1.4 Stability of the existing pattern of residential land use. 7.2.2 Commercial Criteria 7.2.2.1 Areas of predominately commercial land use which are potentially stable and viable; 7.2.2.2 A need for improvement to or extension of municipal services including water mains, sanitary sewers, storm drains, catch basins, sidewalks, curbs and gutters and streetlights; 7 .2.2.3 A need for aesthetic improvements or beautification which may enhance the commercial viability of businesses in the area; 7.2.2.4 An observed decline in the commercial assessment in the area and/or a decline in the number or variety of commercial establishments in the area. 7.2.3 Other Criteria 7.2.3.1 Condition and appearance of buildings, landscaping and other site features in relation to a Maintenance and Occupancy Standards By-law. Official Plan of the Munic¡pality of Bayham Revised 2009 Page 7-3 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 271 of 381 7.2.3.2 Condition and adequacy of municipal physical services such as roads, water systems, sanitary sewers, storm water drainage, sidewalks, lighting and hydro. 7.2.3.3 Condition and adequacy of municipal recreational services and facilities such as parks, play equipment, trails, beaches, sports fields, camping facilities and water access points. 7.2.3.4 Condition and adequacy of municipal, social and cultural facilities such as meeting rooms, museums, libraries and community centres 7.2.3.5 Compatibility of land uses and uses of land in conflict with the Official Plan and/or the Zoning By- law. 7.2.3.6 Size, location and type of signage, adequacy, location and condition of off-street parking, commercial vacancy rate, pedestrian accessibility to businesses, appearance of street, including front and rear building facades and potential for expansion (inventory of serviced and zoned lands) in the Commercial designation, in addition to items i), ii) and v) above. 7.2.3.7 The area or site constitutes a vacant, underutilized, or vacant property that was previously developed and may be contaminated. 7.3 DELINEATION OF COMMUNITY IMPROVEMENT AREAS Municipal Council may designate by By-law, "Community lmprovement Project Areas" within the overall Community lmprovement Areas shown as Hamlets and Villages on Schedules "A1", '8", 'C', and "D". These areas are eligible for "Community lmprovement" as defìned in the Planninq Act. 7.4 IMPLEMENTATION 7.4.1 Policies 7.4.1.1 Development applications within Community lmprovement Project Areas will be evaluated considering the objectives of community improvement for that area; 7.4.1.2 The relative need for community improvements will be considered in the preparation of annual municipal capital expenditure budgets; 7.4.1.3 Municipal Council may acquire, hold and prepare land for the purposes of community improvement within designated Community lmprovement Project Areas where appropriate; Offìcial Plan of the Municipality of Bayham Revised 2009 Page 7-4 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 272 of 381 7 .4.1.4 The Municipality will enforce its Property Maintenance and Occupancy Standards By-law in order to maintain minimum standards of occupancy for any class or type of building, structure, or land use within the Community lmprovement Area; 7.4.1.5 The Municipal Council will consider the granting of variances and the use of innovative or flexible zoning techniques as per the Planninq Act, where such techniques would support community improvement objectives; 7.4.1.6 The Municipal Council will support proposals for infill development within the Community lmprovement Area when it has been demonstrated that such infill development will not cause or contribute to land use conflicts; 7.4.1.7 The Municipal Council will consider delegations and proposals from organized community groups who itemize deficiencies and needs in local leisure resources and facilities; 7.4.1.8 Specific Community lmprovement Projects will depend on the availability of Federal and Provincial grant and/or loan programs, Municipal resources, and on the relative need for physical improvements in specific areas. Offìcial Plan of the Municipality of Bayham Revised 2009 Page 7-5 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 273 of 381 SECTION 8 IMPLEMENTATION 8.1 GENERAL The Official Plan of the Municipality of Bayham shall be implemented through the activities of both the private sector and the public sector. ln the latter case, a variety of means shall be used to implement the policies of the Plan. These means shall include, but not be limited to, zoning by-laws, maintenance and occupancy standards by-laws, plans of subdivision and subdivision agreements, site plan agreements, consents, public capital works programs, the Provincial Policy Statement and other relevant or appropriate provisions of the Plannino Act, the Municipal Act, the Ontario Buildino Code Act, or any other applicable act. 8.2.1.1 The boundaries of all land use designations as depicted on Schedule'41','B', "C" and "D" are approximate except where they coincide with highways, roads, railway lines, transmission lines, lot lines, rivers, or any other clearly defìned cultural or natural features. 8.2.1.2 Where the boundaries of areas designated as "Hazard Lands" are in doubt, the Municipal Councilor its delegate shall consult with the Conservation Authority having jurisdiction and/or the Ontario Ministry of Natural Resources to determine whether the Hazard Lands policies apply. 8.2.1 .3 The location of all highways and roads on Schedule '41', 'B', "C" and "D" inclusive are considered approximate. 8.2.2 Other 8.2 8.2.1 8.2.2.1 INTERPRETATION Boundarv lnterpretation Numerical figures contained within this Plan shall not be considered as rigid and inflexible. Minor deviations shall be permitted without amendment to the Plan provided the general spirit and intent of the Plan is maintained. \¡l/herever a use is permitted in a land use classification, it is intended that uses, buildings, or structures normally incidental, accessory, and essential to that use shall also be permitted. 8.2.2.2 Off¡cial Plan of the Munic¡pality of Bayham Revised 2009 Page 8-l Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 274 of 381 8.2.2.3 The policies of this Plan are not binding on undertakings carried out on Crown Land by the Crown or its agents. 8.3 DELEGATION OF AUTHORITY 8.3.1 Policies 8.3.1.1 The Municipal Council may delegate any of the authority vested with Council by the Planninq Act, which authority is permitted to be delegated by the said Act, as Council deems appropriate during the planning period. 8.3.1.2 The delegation of Council's authority pursuant to the Planning Act, may be assigned by resolution of Council in compliance with the said Act, to any of the following: a committee of the whole or part of Council; a planning advisory committee which may ormay not include non-elected ratepayers of the Municipality; the Municipal Clerk; the Municipal Building lnspector and/or By-law Enforcement Officer; a Committee of Adjustment; the Elgin County Land Division Committee; or any other eligible person or persons as permitted by the provisions of the Planninq Act, and as Council deems appropriate. 8.4 8.4.1 ZONING BY.LAWS Gomprehensive Zoninq Bv-law 8.4.1 .1 The comprehensive Zoning By-law shall contain, where appropriate, land use zones in accordance with the policy areas and land use designations of this Plan (Schedules "A1", "B', "C'and "D")and will establish regulations to controlthe use of land and the character, location, and use of buildings and structures. 8.4.1.2 The comprehensíve Zoning By-law shall be reviewed and updated no later than three (3) years after a new Official Plan is adopted and/or a Five Year Review of this Plan to ensure it complies with the policies of the OfficialPlan. 8.4.2 Non-Gonforminq Uses 8.4.2.1 Some uses of land existing at the date of adoption of this Plan may not satisfy all the land use policies set out in the Plan. ln response to these situations and notwithstanding the land use policies and designations, such uses may be zoned in the Zoning By-law in accordance with their present use provided that: a) the zoning will not allow any change of use which will be detrimental to adjacent complying uses; Official Plan of the Municipality of Bayham Revised 2009 Page 8-2 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 275 of 381 the use does not constitute a danger or a nuisance to surrounding uses by the traffìc, noise, odours, dust or visual impact which the use may generate; where the use is discontinued, rezoning may only take place if the new use is more compatible with or is in accordance with the policies and the spirit and intent of this Plan. 8.4.3 Specific policv areas 8.4.3.1 Designations and land use designations on Schedules "41', "B', "C" and "D" may not be zoned for such uses or purposes immediately in the Zoning By-law. Certain areas may be placed in a "holding" category until such time as the conditions and circumstances necessary for development have been satisfied and without the need for an amendment to the Plan. 8.4.4 Committee of Adiustment 8.4.4.1 The Municipal Council shall appoint a Committee of Adjustment pursuant to the Planninq Act, to deal with minor variances to the zoning by-law(s). b) c) 8.5 8.5.1 AMENDMENTS. NOTICE REQUIREMENTS. PUBLIC PARTICIPATION AND APPEALS Amendments 8.5.1.1 The Municipality encourages persons to consultwith the Municipality priorto making an application to amend the Offlcial Plan and/or Zoning By-law, and may by passing of a by-law make pre- application consultation mandatory. 8.5.1.2 Any person who wishes to amend the Official Plan or Zoning By-law must submit a complete application to the Municipality of Bayham. A complete application shall include any reports or studies deemed appropriate by the Municipality to address the Provincial Policy Statement 2005, the policies of the Official Plan, and the regulations of the Zoning By-law. Such studies or reports may include matters relating to agriculture, natural heritage, water, or other resources identified in the Plan; transportation, servicing and infrastructure; cultural heritage and archaeological resources; hazardous lands; or other land use planning matters identified in the Plan. 8.5.1.3 The Municipality will notify a person wishing to amend the Offìcial Plan and/or Zoning By-law within 30 days of receipt of fees associated with an application to amend, whether or not an application is complete, or whether additional materials are required to constitute completeness. Off¡cial Plan of the Municipality of Bayham Revised 2009 Page 8-3 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 276 of 381 8.5.1.4 lf the Municipality fails to notify a person within 30 days of completeness of an application, that person may make a motion to the Ontario Municipal Board to determine whether any required information has been provided, or whether a request for information is reasonable. 8.5.1.5 Wìthin lSdaysof anaffirmativenoticeof completenessof anapplication,theMunicipality give notice of receipt of a complete application in the manners prescribed in the Plan. 8.5.2 Zoninq Bv-law Amendments & Gommunitv lmprovement Plans and Amendments 8.5.2.1 The public will be given the opportunity to present their views on proposed amendments to the Official Plan, Comprehensive Zoning By-law amendments orfor Community lmprovement Plans at a public meeting, which will be held by the Municipal Council in connection with the regular cycle of scheduled meetings. 8.5.2.2 The notice of a public meeting shall include a description of the nature and location of the proposed Official Plan amendment, Zoning By-law or Community lmprovement Plan, and the place, date and time of the public meeting. 8.5.2.3 ln the case of comprehensive Official Plan or Zoning By-law amendments which will affect the entire municipality, or a Community lmprovement Plan, notice shall be given by publication in a newspaper which the Clerk of the Municipality considers to provide sufficient general circulation in the municipality to give the public reasonable notice, not less than 20 days prior to the date of the public meeting. 8.5.2.4 Notice of the adoption of an amendment to the Official Plan or Community lmprovement Plan shall be given by prepaid first class mail to every person and agency that has given the Clerk of the Municipality a written request for such notice and has provided the Clerk with a return mailing address. 8.5.2.5 ln the event that modifications to the proposed amendment to the Official Plan, Zoning By-law or Community lmprovement Plan resulting from the public meeting are substantial in the opinion of the Municipal Council, another public meeting shall be scheduled to inform the public regarding the revised amendment or plan, and notice shall be given in the same manner and to the same persons as prescribed in subsections 8.5.1.3 or 8.5.1.4 of this Plan. 8.5.2.6 Proposed official plan amendments and proposed zoning by-lawamendmentswhich affectthe same area or issues will be discussed at the same public meeting and shall be published as one notice in the newspaper and/or circulated together by prepaid first class mail where necessary according to Official Plan of the Municipal¡ty of Bayham Revised 2009 Page 8-4 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 277 of 381 8.5.3 the policies of Section 8.5.1 of this Plan and the Planninq Act, as amended or revised from time to time. 8.5.3.1 ln the instance of site-specific Official Plan or Zoning by-law amendment, notice shall be given in the manner prescribed in Section 8.5.1. ln addition, property owners of the affected area and those within 120 metres of the affected area shall be identified as shown on the last revised assessment roll of the municipality at the addresses shown on the roll, or as indicated where the Clerk of the Municipality has received written notice of a change of ownership and the address of the new owner, shall receive additional notification through prepaid first class mail, to be posted not less than 14 days prior to the public meeting. 8.5.4 Reviews) & Development Permit Svstems 8.5.4.1 lf the Official Plan or Zoning By-law is being revised as part of the Five Year Reviews to update the documents, or policies regarding Development Permit Systems are being added to the Official Plan, an open house will be scheduled to give the opportunity to the public to review and ask questions about the proposed changes. Notice of the open house will be given in the same manner prescribed in Section 8.5.1.4 of the Plan and will not be held within 7 days of any mandatory public meetings. 8.5.4.2 ln the case of Official Plan amendments related to a Five Year Review and/or Development Permit System policies, notice shall be given once in two separate weeks by publication in a newspaper which the Clerk of the Municipality considers to provide sufficient general circulation in the municipality to give the public reasonable notice, both of which are not less than 30 days prior to the date of the public meeting. 8.5,5 Appeals 8.5.5.1 Appeals to Official Plan Amendments, Community lmprovement Plans and Amendments, Zoning By-laws and Amendments shall be administered pursuant to the requirements of the Planning Act 8.5.5.2 Any person or agency who, before the amendment or plan was adopted, made oral submissions at a public meeting or written submissions to the Council, may object to, or support any official plan or amendment, community improvement plan or amendment, or zoning by-law or amendment by filing in writing with the Clerk of the Municipality, in the case of Zoning By-laws and amendments, or to the Minister of Municipal Affairs and Housing (or delegated authority) for matters pertaining to Offlcial Plans and amendments, pursuant to the Plannino Act, the reasons for the objection or support of the plan, by-law or amendment thereto. Offìcial Plan of the Municipality of Bayham Revised 2009 Page 8-5 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 278 of 381 8.5.5.3 Any person or agency that files an objection pursuant to subsection 8.5.4.1 of this Plan with the intention of appealing the plan, by-law, or amendment thereto, to the Ontario Municipal Board for a hearing, shall clearly indicate such intentions within the written objection fìled with the appropriate body pursuant to this Plan and the Planning Act, both as amended and revised from time to time. 8.6 8.6.1 8.6.1.1 8.6.1.2 8.6.1 .3 8.6.2 8.6.2.1 PLANS OF SUBDIVISION Policies Plans of subdivision will generally be required where fìve or more lots are being proposed, and/or a new public street is required to accommodate the development. Only those plans of subdivision which conform to the policies of this Plan and the requirements of the Planning Act, shall be recommended for approval to the Minister of Municipal Affairs and Housing (or delegated authority) by the Municipality Council. The policies of this Plan and the requirements of the Municipality of Bayham regarding plans of subdivision will be implemented primarily through a subdivider's agreement between the Municipality and the subdivider, and through the application of the Zoning By-law. The public will be given the opportunity to present their views on a proposed plan of subdivision at a public meeting, which will be held by the Municipal Council in connection with the regular cycle of scheduled meetings. Public Notification Procedure ln the instance of a proposed draft plan of subdívision, notice shall be given by publication in a newspaper, which the Clerk of the Municipality considers to provide sufficient general circulation in the affected area to give the public reasonable notice, not less than I days prior to the public meeting. Land owners and tenants of the affected area orwithin 120 metres of the affected area E Official Plan of the Municipality of Bayham Revised 2009 Page 8-6 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 279 of 381 shall be identified, as shown on the last revised assessment roll of the municipality at the address shown on the roll or as indicated where the Clerk of the Municipality has received written notice of a change of ownership or occupancy, and shall receive additional notification through prepaid fìrst class mail, to be posted not less than 20 days prior to the public meeting. 8.7 CONSENTS AND THE CREATION OF NEW LOTS 8.7.1 Elqin Land Division Committee 8.7.1.1 The granting of consents to sever and convey land in the Municipality of Bayham shall continue to be the responsibility of the Elgin County Land Division Committee. 8.7.1.2 Municipal Council or their delegated authority shall provide comments to the Elgin County Land Division Committee on all applications for consent to sever and convey land in the Municipality of Bayham. 8.7.2 Policies 8.7.2.1 A consent shall only be granted if the purpose for which the lands subject to the consent are to be used is in conformitywith this Plan and the provisions of the Zoning By-law, and, when it is clearthat a plan of subdivision need not be registered. \Â/here a consent contravenes this Plan or the zoning by-law, no consent shall be granted unless the Plan and/or the Zoning By-law is amended and approved accordingly. 8.7.2.2 The policies of this Plan and the requirements of the Municipality regarding consents may be implemented through a site plan agreement between the Municipality and the applicant pursuantto the Planninq Act. 8.7.2.3 A consent shall only be granted for mortgage purposes where it is capable of satisfying the appropriate and applicable policies of this Plan and the appropriate and applicable regulations of the Zoning By-law with respect to the use to which the lands would be put if a separate lot is created. 8.7.2.4 A consent shall only be granted for the purposes of settling an estate where it is capable of satisfying the appropriate and applicable policies of this Plan and the appropriate and applicable regulations of the Zoning By-law with respect to the use to which the lands would be put if the estate is settled and a new lot or lots are created. 8.7.2.5 Consents for lot adjustments, lot additions, minor boundary changes, easements and rights-of-way, or correction of title are permitted in any land use designation, provided the severed and retained parcels comply with the other Official Plan of the Municipality of Bayham Revised 2009 Page 8-7 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 280 of 381 requirements of this Plan, the Zoning By-law, and where applicable, the consent decision shall stipulate that Subsection 3 of Section 50 of the Planning Act, be applied to any subsequent conveyance of the severed parcel. 8.7.2.6 ln the event a consent is granted which does not conform to the policies of this Plan, the Municipal Council may appeal the decision to the Ontario Municipal Board. 8.7 .2.7 Consents abutting or adjacent to a Provincial Highway must meet the policies and guidelines of the Province of Ontario for access and are subject to permit approval. 8.8 MAINTENANCE AND OCCUPANCY STANDARDS 8.8.1 General 8.8.1 .1 The Municipality shall endeavour to keep in a fit and well-maintained condition all municipally owned properties and structures, and to provide or maintain in good repair such municipal services as roads, sidewalks, water and sewerage facilities, and landfill sites. 8.8.2 Bv-law 8.8.2.1 The Municipality may pass by-laws pursuant to the Buildinq Code Act, to establish minimum standards of maintenance and occupancy, and to conserve, sustain and protect existing and future development. A maintenance and occupancy by-law, applicable to all property within the municipality, may contain requirements with respect to: a) Garbage disposal and pest prevention; b) Structural maintenance, safety and cleanliness of buildings; c) Services to buildings including plumbing, heating and electricity; d) Keeping properties free from rubbish, debris, weeds, abandoned or used vehicles, trailers, boats, barges, mechanical equipment or material; e) Maintaining yards, lands, parking and storage areas, fences, swimming pools, accessory buildings, and signs; f) Occupancy standards. 8.8.2.2 The Municipality shall appoint a Property Standards Officer who will be responsible for administering and enforcing the Maintenance and Occupancy Standards By-law, and a Property Standards Committee for the purpose of hearing appeals against an order of the Property Standards Officer. Official Plan of the Municipality of Bayham Revised 2009 Page 8-8 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 281 of 381 8.9 8.9.1 NON-CONFORMING USES Policies 8.9.1.1 Existing land uses which do not conform with the policies of the Offìcial Plan or the land use designations shown on Schedules "Al", "B', "C'and "D" to the Official Plan may be recognized on specific sites as permitted uses in the Zoning By-law provided they comply with policies a, b, c, of subsection 8.4.2.1 of this Plan. ln addition, uses that conform to the policies and land use designations of the Official Plan shall also be permitted on these sites. 8.9.1.2 Where an existing use is discontinued, new uses of land on these sites that do not conform to the policies and land use designations of the Official Plan may be permitted if they are in greater conformity with the Plan than the previous uses. All such new uses will be subject to an appropriate amendment to the Zoning By-law. 8.9.1.3 Where it is not appropriate or desirable to recognize existing land uses which do not conform with the Official Plan in the Zoning By-law, such uses shall be zoned in accordance with the designations and policies of the Official Plan. Provided these land uses legally exist atthe date of the passage of the Zoning By-law, the land uses would be legal non-conforming uses. Any extension, enlargements or changes in non-conforming uses will be subject to the provisions of the Planning fo!, and the policies of this Plan. 8.9.1.4 Legal non-conforming uses that have been destroyed or partially destroyed by fire, flood or other natural disaster, may be replaced or repaired provided that written permission is received from Municipal Council. 8.9.1 .5 Prior to granting permission to repair or replace a non-conforming use and in order to minimize the detrimental effects of the non-conforming use, Council may enter into an agreement with the owner as to: a) the size and siting of the building or structure; b) the mitigating of any adverse environmental impacts such as odours, dust, noise, drainage; c) the lighting and landscaping of the site including the provision of buffer planting; d) the provision of parking and loading facilities including the design of entrances and exits to the site. 8.9.1.6 Council shall not be obligated to grant permission to replace or repair a non-conforming use under any circumstances. Official Plan of the Municipal¡ty of Bayham Revised 2009 Page 8-9 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 282 of 381 8.r 0 8.10.1 MUNICIPAL SERVICES. PUBLIC HEALTH PROGRAMS AND PUBLIC WORKS General 8.1 0.1 .1 lt is intended that the construction of public works and the construction of municipal services in the Municipality shall be carried out in accordance with the policies of this Plan. 8.10.1.2 The Municipal Council may pafticipate, from time to time, in the Community lmprovement programs of the Province of Ontario in accordance with the policies of Section 7.0 of this Plan. 8.10.1.3 The Municipal Council may at its discretion, circulate proposed Official Plan and Zoning By-law Amendments, and land use and development proposals to the Elgin-St. Thomas Health Unit for their review and comments related to any potential public health significance. 8.10.2 8.10.2.1 Waste DisposalSites The following policies apply to development in proximity to all known active and former waste disposal / transfer sites situated both within the Municipality of Bayham and those situated in adjacent municipalities within 500 metres of the municipal boundary, and which are identified as land use constraints on Schedule "A2" to the Plan No buildings or structures are permitted and no land uses other than agriculture and/or buffer strip shall take place within 30 metres of the perimeter of an operating landfill site, unless otherwise approved by the Ministry of Environment. No buildings or structures are permitted and no land uses other than agriculture and/or buffer strip shall take place within 30 metres of the perimeter of a non- operating landfill site. \¡l/here the Ministry of the Environment is satisfled that only gas controls are necessary, no buildings or structures and land uses other than agriculture and/or buffer strip shall take place within 20 metres of the perimeter of a non-operating landfill site. Any proposal for development within 500 metres of the perimeter of an operating I I landfill site shall be accompanied by a report prepared by a qualified consultant that evaluates the presence and impact of any adverse effects or risks to health and safety and that proposes remedial measures to the satisfaction of the Ministry of the Environment and the Municipality. Lands that have been used for a landfill site cannot be developed or redeveloped until an approval pursuant to Section 45 of the Environmental Protection Act has been issued by the Minister of the Environment. E a) b) c) d) Offìcial Plan of the Municipality of Bayham Revised 2009 Page 8-10 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 283 of 381 8.11 PHASING OF DEVELOPMENT The phasing and priority of development within the Municipality shall be determined by the policies contained in this Plan, the adequacy of existing services, and the feasibility of extending existing services or constructing new services. 8.12 ONTARIO BUILDING CODE The Municipality shall enforce the provisions of the Ontario Building Code in order to ensure necessary standards of construction in new development or in the extension or enlargement to existing development. 8.13 LEGISLATION PURSUANT TO THE MUNICIPAL ACT It is intended that the Municipality shall review existing legislation pursuant to the Municipal Act governing such uses as automobile wrecking yards, mobile or transient vendors, sanitary landfìll sites, dumps, pits and quarries, trailers, signs, storage and disposal of animal and poultry wastes, and, where necessary, amend existing by-laws or pass new by-laws as may be required to ensure such uses are properly regulated and controlled. 8.14 8.14.1 OFFICIAL PLAN REVIEW General 8.14.1.1 This Plan shall undergo a comprehensive review approximately every five years following its approval by the Minister to ensure: lñlI r,¡o¿ I. That it remains responsive to changing conditions and circumstances affecting the | +sr I Municipality of Bayham including any revisions to policies or land use designations - related to population growth and employment areas; . That it conforms with Provincial Plans; has regard for matters of Provincial interest; and is consistent with the Provincial Policy Statement. 8.14.1.2 The Plan may be amended from time to time upon due consideration of: a) the need for the proposed amendment; b) the effect of the proposed amendment on the matters contained within the Plan; c) the effect of the proposed amendment, if site-specific in nature, on other properties or land uses in the area(s) affected by the amendment. d) the effect of the proposed amendment on the economic, social and physical base of the Municipality. Official Plan of the Municipality of Bayham Revised 2009 Page 8-1 1 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 284 of 381 8.14.1.3 AmendmentstothisPlanshallbeprocessedinaccordancewiththepoliciesofsubsectionS.Softhis Plan. 8.15 8.15.1 TEMPORARY USE BY.LAWS General 8.15.1.1 Notwithstanding the policies of the Agriculture, Hamlets, Commercial, Highway Commercial, Residential, Open Space, lndustrial and lnstitutional designations, the Municipality may pass "temporary use by-laws" pursuant to Section 38 of the Planninq Act, to authorize the uses as established in Section 8.15.3 of the Official Plan for a period of time not exceeding three (3) years. 8.15.1.2 Temporary Use By-laws may be passed to allow land, buildings or structures, to be used for a period of time that shall not exceed three years from the date of the passing of the temporary use by-law. Council may grant further periods of time, not more than three years each, during which the temporary use may be allowed. Upon the expiration of the time period(s) authorized by the by-law, the uses, buildings and structures that were permitted under the by-law cannot be continued as legally non-conforming uses, buildings and structures. 8.15.2 Permitted Uses 8.15.2.1 Temporary Use By-laws may be passed for temporary periods, the length of which shall be determined by Municipal Council, but not to exceed three years, to allow the establishment of: A mobile home fortemporary residential accommodation pending the completion of a permanent dwelling; A mobile home or travel trailer to be used as a site office, or for accommodation for a caretaker or watchman during a large construction project, A land use activity on a specific parcel of land which is appropriate in the short term, but is otherwise prohibited in the Zoning By-law. 8.15.3 Criteria 8.1 5.3.1 Municipal Council will use the following criteria in the evaluation of applications for Temporary Use By-laws: a) That the proposed use is temporary in nature and will not preclude the future development of the site, nor will the use be difficult to terminate when the authorizing by-law expires; b) That the proposed use is not incompatible with adjacent land uses, and Council shall a) b) c) Offìcial Plan of the Munic¡pality of Bayham Revised 2009 Page 8-12 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 285 of 381 consult w¡th property owners and any other agencies or individuals who might have knowledge of when conditions might suit the development of the property, in accordance with the Official Plan, prior to enacting a Temporary Use By-law; That parking required by the proposed use is provided on-site; and That the temporary use will be evaluated on the proposed servicing, and that the use will not create or increase any servicing problems on or off the site. 8.15.3.2 Municipal Council will use the following criteria in the evaluation of applications for Temporary Use By-laws for specific land use activities that are otherwise prohibited in the applicable zone: c) d) 8.16 8.16.1 a) Temporary Use By-laws shall only be enacted for uses which will not preclude the future development of any lands for their most appropriate use, as defined by the Official Plan; b) Council shall consult with property owners and any other agencies or individuals who might have knowledge of when conditions might suit the development of the property, in accordance with the Offìcial Plan, prior to enacting a Temporary Use By- law; c) Only uses which will not create land use conflicts or disrupt the use and development of neighbouring properties shall be authorized by Temporary Use By-laws; d) Notwithstanding the above policies, temporary uses that are not otherwise permitted by the Official Plan as permanent uses, may be permitted by Temporary Use By- laws. USE OF HOLDING ZONES Holdinq (h) Svmbol Policies 8.16.1.1 lt is the policy of the Municipality of Bayham to utilize Holding (h) symbols in zoning by-laws pursuant to the provisions of the Planning Act. Properties may be zoned for their intended use and the holding symbol "(h)" will be added after the zone symbol so as to indicate that the development of the identified lands cannot proceed until the holding symbol is removed. 8.16.1.2 Holding (h) symbols will generally be utilized on lands intended for development in the villages and hamlets of the municipality, but may be utilized in any land use designation. 8.16.1.3 Holding (h) symbols will not affect the existing use(s) of land provided those use(s) are carried on without a significant period of interruption. Offìcial Plan of the Municipality of Bayham Revised 2009 Page 8-13 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 286 of 381 8.16.1 .4 The establishment of livestock uses on lands subject to holding (h) symbols in the villages and hamlets will be prohibited. 8.16.1.5 Removal of a Holding (h) symbol from any land use zone will be conditional upon satisffing certain requirements of the municipality regarding the development of the land. Such conditions may include, but not be limited to, the satisfying of certain financial and servicing requirements specified in a subdivision or development agreement entered into between a developer and the municipality, or by fulfilment of conditions of severance. 8.16.1.6 Priortoremoval ofanyHolding(h) symbol,Council shall besatisfied,thatall conditionsofany agreement have been met by the applicant or proponent, and the policies of this Plan have been met orfulfilled. The Holding (h) symbol shall be removed by by-law passed under Section 36 of the PlanningAct. Notice shall be given by Council when a Holding (h) symbol is to be removed by by- law, and there can be no objection or referral to the Ontario Municipal Board. However, should Council refuse to pass an amending by-law to remove the holding symbol (ie. if Council determines that a development is premature or does not meet a requirement of this plan, or of a subdivision or development agreement or a condition of severance), the applicant or proponent may appeal the refusal of Council to the Ontario Municipal Board in accordance with the provisions of the Planning Act. 8.16.2 Policies 8.16.2.1 lt is policy of the Municipality of Bayham to utilize "Holding Zones" pursuant to the provisions of Section 36 of the Planning Act, in the following ínstances: \¡1/here the use of land is established but where details of development have yet to be determined. The details of development to be determined would, for example, be situations where plans of subdivision or development proposals have been approved by the Municípality conditional upon financial and servicing issues being resolved. \y'úhere it is likely that the proposed land use will cause an adverse effect on the environment, the council shall require expert evidence from the proponent to demonstrate that the adverse effect can be overcome through the application of acceptable engineering and resource management practices. The undeveloped areas within the Municipality where the specific use of land has been established but where other development details have been determined but not yet resolved. The Residential areas where the lot area may be less than the provisions of the minimum provisions in the Zoning By-law and where provision of water and a) b) c) d) Offìcial Plan of the Munic¡pality of Bayham Revised 2009 Page 8-'14 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 287 of 381 sewerage services are yet to be approved. 8.16.2.2 The exact nature of the holding provisions may be further detailed in the Zoning By-law. 8.16.2.3 Theapplicationofsection36by-lawswillbelimitedtosituationswherecouncilissatisfiedthatthe details of development referred to in Section 8.1 6. 1 .1 are not so uncertain or complex that they pose an insurmountable obstacle to the proponent or the Municipality to overcome. 8.16.3 lmplementation of Holdinq Zone 8.16.3.1 The holding provisions are implemented through the Zoning By-law. Properties may be zoned for their intended use and the holding symbol "h" will be added so as to indicate that the development of the site cannot proceed until the holding symbol is removed. Procedures for the removal of the holding symbol are outlined below. 8.16.3.2 The "Holding Zone" category may include provisions for interim permitted uses to be allowed on lands to which the holding provisions apply. Such uses could include open space uses, existing use of land and other uses which are deemed compatible with surrounding land and would not adversely affect the future development potential of the lands. 8.16.4 Removalof Holdinq Zone 8.16.4.1 Removal of the "h" zoning category from the land would be conditional upon satisfying certain requirements of the municipality regarding the development of the land. Such conditions may include, but not be limited to, the satisfying of certain financial and servicing requirements specified in a subdivision or development agreement entered into between the land developer and the Municipality. The agreement may specify a time limit that the "Holding Zone" can remain in effect and may contain provisions for repealof the "HoldingZone" by-law should the owner not proceed expeditiously with the development of the land. 8.16.4.2 Prior to removal of any holding symbol, Council shall be satisfied, by the developer, that all conditions of any agreement have been met or will be met or fulfilled. The holding symbol shall be removed by by-law passed under Section 36 of the Planninq Act. Notice shall be given by Council when a holding symbol is to be removed by by-law, and there can be no objection or referral to the Ontario Municipal Board. However, should council refuse to pass an amending by-law to remove the holding symbol, because the development is considered premature due to lack of demand or failure to meet a requirement of this Plan, the applicant may appeal the decision to Ontario Municipal Board in the normal manner. Offìcial Plan of the Municipality of Bayham Revised 2009 Page 8-15 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 288 of 381 8.17 8.17.1 SITE PLAN CONTROL Policies 8.17.1.1 The Municipality of Bayham designates the entire municipality as a site plan control area pursuant to Section 41 of the Planning Act, except for the following exempted areas and/or uses: a) Farm buildings and structures shall not be subject to site plan control with the exception of farm buildings and structures that house livestock and manure; b) The establishment of grain drying operations will be subject to site plan control where Municipal Council determines that a potential land use conflict may exist. 8.17 .1 .2 Notwithstanding the generality of the foregoing, any residential buildingsor use which is situated, or proposed to be situated in a Hamlet Residential (HR) Zone; an Estate Residential (ER) Zone; a Rural Residential (RR) Zone or an Open Space Zone; or, which otherwise is permitted as an accessory residential building or use in any zone other than an Agricultural (41)Zone shall be subject to site plan control. The application of site plan control measures for such uses or in zones as described herein shall however, be limited to such matters as controlling the location of access, parking, grading and drainage. 8.17.1.3 Municipal Council may require the drawings mentioned in paragraph 2 of subsection 41(4) in accordance with subsection 41(5) of the Plannino Act, regardless of the number of dwelling units in a residential building or use subject to this policy. 8.17.1.4 The establishment of either a mobile home park or a seasonal travel trailer park shall be subject to site plan control, regardless of the number of dwelling units contained therein. 8.17.1.5 The Municipality of Bayham adheres to the following objectives in the use of site plan control: a) b) c) d) e) f) To ensure safety and efficiency of vehicular and pedestrian traffic; To minimize land use incompatibility between new and existing development; To provide functional and attractive on-site facilities such as landscaping and lighting; To control the placement and provision of required services such as driveways, parking, loading facilities and garbage collection; To secure easements or grading and alterations necessary to provide for public utilities and site drainage; To ensure that development is built and maintained as approved by council. Official Plan of the Municipality of Bayham Revised 2009 Page 8-16 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 289 of 381 ÕmıHFtan öfihtÞ Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 290 of 381 o OFFICIAL PLAN OF THE MUNICIPATITY Of BAYHAM SCHEDULE,Al' MUNICIPATITY OF BAYHAM : LAND USE AREANO 2 Resourc€ Uses rJ æ 3.1) Agri@llure Natural Heritege Mrneral Aggregate Resouræ Afea Natural Gâs ReseNo¡r Non Rssourco Uses/e Pol¡cios I¡ EE I I tl Estate Residentral Mobile Home Parks Sea$nal Travel Trailer and Campgrounds lnstitut¡onal Commercial / Highway Commerqal Recreat¡onal lndustr¡al Conseruation Lands Licenæd P¡ts and Quames Specific Policy Areas Hamlets Ease Features Provinc¡al Highway 3 County Roads Local Roads + Railway Walercouße / Shorelrne h' -Iu'dÞ. V s 2 1:75,0@ Schedule'41'foms part of oflicial Plen of th€ Munic¡pâlity ol B¡yh¿m.nd must be Þad ¡n conjunction with the witten text. Lake Erie Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 291 of 381 U Cr.f o _ùI z o Lake Eríe OFFICIAL PLAN OF THE MUNICIPALITY Of BAYHAM SCHEDUtE.A2, MUNICIPALITY OF BAYHAM: CONSTRAINTS Contra¡nlg @ HazardLands ¡3 Signiñ€nt Wellands !- Signifi€nt Woodlands ,L ì. SignifiÉntA N S l's . Ex¡sting Petroleum Wells I Fomer Waste Disposal Site Base Feåtuf€a Prcvincial H¡ghway 3 County Roads Local R€ds....{+ Rsilway V1,b tercourse / Shoreline N Åt'd,þrt s0'r24 1:75,000 Schodufe A? forc p.rl ol Off¡c¡âl Pl¡n of th€ ilunÌôipality ol Båtñ¡m ¡nd musl bê ê.d ¡n con¡ünction with the Mfüen text. Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 292 of 381 OFFICIAL PLAN OF THE MUNICIPALITY of BAYHAM SCHEDULE'8. STRAFFORDVILLE: IAND USE and CONSTRAINTS Land Use E Resrdentral I Commerqal E lnshtuhonãl I lnduskral n open Space Constra¡nts Ø Hazard Lands Base Fealures County Roads Local Roads 75 150 Schêdul¿ 'B' lorms Þal ol Otlicrãl Plan of lhe Mun¡cpal¡ty of gayham and musl b. re¡d ¡n conjunclion whh the w?¡nen text. S t a f f R e p o r t D 2 0 1 1 - 1 3 r e g a r d i n g " O f f i c i a l P l a n A m e n d m e n t N o . 1 0 M o d i f i c a t i o n s " . P a g e 2 9 3 o f 3 8 1 OFFICIAL PLAN OF THE MUNICIPALITY of BAYHAM SCHEDULE'C' VIENNA: LAND USE and CONSTRAINTS Land Use fl Resrdentral I Commeroal I lnshtutional I lnduslnal E Open Space Constraints A âazañlands N Flood Fnnge E Floodwây Base Features - Counly Roads - Local Roads f Watercourse N Àwdl-o V 14o 2Bo' 1 :10.000 schedul€'C'lorms pad of ofi¡c¡el Plan of lhe Mun¡c¡palily ol Bayham and musl be rêad in conjunct¡on wúh the wrilten lext S t a f f R e p o r t D 2 0 1 1 - 1 3 r e g a r d i n g " O f f i c i a l P l a n A m e n d m e n t N o . 1 0 M o d i f i c a t i o n s " . P a g e 2 9 4 o f 3 8 1 Lake Erie March 2011 OFFICIAL PLAN OF THE MUNICIPALITY of BAYHAM SCHEDULE'D' PORT BURWELL: LAND USE and CONSTRAINTS [¡!lt¡ unI Resrdcnlral Harbour Residen¡al / Commercr¿l Commercral lnsl¡tulronal lnduslrial Open Space Conservêlron Lands Specrfic Po[cy Areas Constratnt5 n HazardLañC's I Sewage -[rcatmenr F¿cilitres Base Features - County Roads - Local Roads T I I I I I Lr¿ 1:10,000 Schcdlile 'D forms päil of Otlrcrâl Pl¿n of the Municrpality of Bãyh¡h añd rrLrst be read rn coryunctrorì wrth lhc wfittcrl text S t a f f R e p o r t D 2 0 1 1 - 1 3 r e g a r d i n g " O f f i c i a l P l a n A m e n d m e n t N o . 1 0 M o d i f i c a t i o n s " . P a g e 2 9 5 o f 3 8 1 Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications". Page 296 of 381 7 CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council DATE: April 7,2011 FROM: Gerry LeMay, Manager Public Works FILE: VO t SUBJECT: ReplacementBoxUnit#4 NUMBER: PW20l1-05 Purpose This report from the Manager of Public Works regarding the decay affecting a 2002 Sterling Dump Truck and the need to replace the dump box on this vehicle. Background The Municipality of Bayham presently used Public Work vehicles to plow the streets in the winter season and do construction work during the summer months. Several years ago this dump box was repaired. The repairs have now succumbed to winter sand and salt which leaves us with an inoperable dump box with a great many holes and no means of placing the winter sand on the roadways. Quotations were gathered for several means of repairing the dump box from welding repairs to replacement with a new box. The prices are attached to this report, and range from $ 14,275 for repairs to $ 42,800 for replacement. Comments The Manager of Public Works would suggest we take the option of welding the dump box in order to allow us several years of carefree service with this truck. The welder we will take the vehicle to has done work for the Municipality before and we have always had reliable service, he was not the welder who fixed the box several years ago. To purchase a new box would be very cost prohibitive and is too large an investment for the age of this truck. Goal #2 (Ensure reliable, well maintained and secure infrastructure) Attachments: Tender prices for replacement of old dump box. Strategic Plan Goal(s) 1. Goal#2 A well maintained and secure infrastructure Recommendation THAT Staff Memorandum 2011-04 be received and staff be directed to have the dump box welded in accordance to the price submitted. Respectfully submitted,Reviewed By. ' G"rryLeMay,Manager Public Works Staff Report PW2011-05 regarding "Replacement Box Unit #4". File: V01 Page 297 of 381 Quotation January 9,2008 From: Dingle Line Equipment Supply (D.E.S.) 50918 Dingle Line, R.R.#1 Aylmer, Ont. N5H 2R1 Email : mwolfe@execulink. com Cell #: (stg) 494-2169 To: Municipality of Bayham P.O. Box #10,9344 Plank Road Straffordville, Ontario, C anada NOJ lYO For: Ed Bradfield Subject: dump box repairs Quotation# 20080408 Mr. Ed Bradfield: D.E.S. is pleased to offer the following for your custom fabrication and repair requirements. As follows are specifications and costs as per our conversations during my site visit. Specifications: Item #1 (supply "repairs" to dump box) . Supply "repairs" to dump box on Truck #4 . Replace structure and panels as required o Welded as required . Replace hydraulic lines and steel tubes as required o Blast, prime (epoxy primer) and paint repaired box (standard "color match" enamel paint finish) o Blast, prime (epoxy primer) and paint rear of truck frame ( black enamel paint finish) o Drill, "oil undercoat" and plug panels and cross members as required upon completion Cost: 514,275.00lot, plus applicable taxes Please Note: . Approx. Delivery: T.B.A. o Truck would be required for - 3+ weeks o FOB ourdock o Costing does not include any repairs required to hydraulic or pneumatic cylinders that may be required o This work could be completed on a "Time and Material basis not to exceed" o Quotation valid for 30 days I would like to thank-you for the opportunity to quote on your "custom fabrication" requirements, and look forward to assisting you with these requirements in the near future. If you have any questions feel free to contact myself at your convenience. Thank-you for your business. Regards, Mike Wolfe Dingle Line Equipment Supply Staff Report PW2011-05 regarding "Replacement Box Unit #4". File: V01 Page 298 of 381 PRICE QUOTATION PHONE: 519-323-4433 FAX: 519-323-4608 NUMBER: PM11-035 DATE:3.17.11 PROPOSED SHIP DATE: TBA TERMS: Net 30 Days F.O.B. Mount tr'orest, ON SALES PERSON: P.Milne TO: Geny Lemay RE: Replacement Spreader Quote COND/I/ONSr HERE /S OUR QUOTAIION ON IHE GOODS NAMED, SUBJECI TO THE COND/T/ONS NOTED: 1-The price and terms on this quotation are not subject to verbal changes or other agreemenfs unless approved in writing by the Home Office of the Seller. All quotations and agreements are contingent upon strikes, accidents, fires, availability of naterial and all other causes beyond our control. Prices are based on cost and conditions exisfrng on the date of quotation and are subject to changes by the Seller before frnal acceptance. 2-Typographical and stenographic enors subject to correction. Purchaser agrees to accept either overage or shoñage not in excess of fen pe rcent to be charged for pro+ata. When quotations specify material to be furnished by the purchaser, ample allowance must be made for spoilage and material must be of suitable quality to facilitate efficient production. 3-Conditions not specifically stated herein shall be governed by the established trade cusfoms. Ierms inconsiste nt with those stated herein which may appear on Purchasels final order will not be binding on the Seller. Model Description Price Each Installed Tax Extra PLl415LW I I yd3 round body combination Proline spreader $38,400.00 Fully assembled spreader body ./ Air tailgate, air tarp Imron Elite finish paint Front LH material dicharge LED body lighting Revised - January 8, 2010 Form #003 Staff Report PW2011-05 regarding "Replacement Box Unit #4". File: V01 Page 299 of 381 2 MG r40QS-CT 12 yd3 side dump combination MG spreader $42,800.00 All as per Proline quoted above Notes & Options 1. All existing hydraulic valves and in cab controls to be used 1 Anything outside the scope of this quotation will be an additional charse 3. If minimum 10 fully powered dash mounted switches for auxiliary lighting are not supplied OEM with chassis, add for Viking supplied switch consol. $ 568.00 **PLEASE NOTE** 1. Quote prices do not include alteration or relocation ofexhaust, battery box, air dryer, or fuel tank. 2, 2010 chassis emission requirements may affect equipment mounting' It is the responsibility of the end userto ensure the chassiswill work with equipment ordered. 3. Wing mounts require approx. 36'' of clear fratlre on light side behind cab. 4. F¡ont LH ctischarge sauder nrotttlts reqtrit'e approx. 3S" olclear lrame on left side behind cab. 5. Provision for front mount pump is to be supplied. 6. Please ensure that chassis C.A./C.T. is compatible with body supplied. 7. Following body builder codes must be supplied by chassis manufacturer International 08HAU, 0 I 3 WTA,08THJ; 4VDX;8rù/GG Volvo: LOAl, PNA2, NJAA; Peterbilt: 461 1930,8075690,8153100. All Applicable Taxes Extra QUOTE VALrD FOR 30 DAYS Staff Report PW2011-05 regarding "Replacement Box Unit #4". File: V01 Page 300 of 381 7 CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council FROM: Gerry LeMay, Manager Public Works SUBJECT: Landscaping Services-20 1 I DATE: Aprll7,20ll FILE: Lo + NUMBER: PW 2011-06 Purpose This report is to recommend Council accept the tender from Wilson Lawn Care and Snow Removal for the provision of Landscaping Services at varying locations within the Municipality of Bayham. Background The Municipality of Bayham awarded a tender for the Landscaping Services on various locations throughout the Municipality in 2010 and The Municipality has the option of continuing on with the same contractor as specified in "Terms of Contract" allowing the Municipality the option to continue on with the same contractor for an additional two years. In 2010 Wilson Lawn Care and Snow Removal was the successful contractor in submitting a tender for each area, which was the lowest of all tenders. Mr. Wilson has been the successful contractor in the past and is aware of the volume of work. The By-Law allowing Mr. V/ilson to do the lawn care was passed in 2010 therefore the of Public Works wishes to advise Council he wished to continue with our Mr. Wilson for 2011. Staff Comments Wilson Lawn Care and Snow Removal is aware of the magnitude of work involved and held this contract before. Attachments 1. By-law 2010-044 to authorize the execution of an agreement between Municipality of Bayham and Wilson Lawn Care and Snow Removal 2. By-Law to extend the services with Wilson Lawn Care and Snow Removal. Strategic Priorities L As outlined in the Strategic Priorities 2008- 2013 Goal 7 in promoting excellent environmental stewardship in complying with the Province of Ontario's recent changes to use of pesticides on lawns as well as promoting a þositive outlook for visitors to our region Recommendation THAT the extension of By Law No 2010-044 to authorize an agreement with Wilson Lawn Care and Snow Removal be presented to Council for their approval and enactment. Gerry LeMay,anger Public Works Staff Report PW2011-06 regarding "Landscaping Services - 2011". Page 301 of 381 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2010-044 A BY.LAW TO AUTHORIZE THE EXECUTION OF AII AGREEMENT BETWEEN THE MT]NICIPALITY OF BAYIIAM AND Wilson Lawn Care & Snow Removal FOR THE PROVISION OF'LA¡IDSCAPING SERVICES \ilHEREAS the Municipality of Bayham is the registered owner and/or lessee of the lands shown on the va¡ious maps attached hereto as "Map # 1 ", "Map #2" , "Map #3" , "Map # 4" and "Map #5", hereinafter referred to as the "lands" Af[D WIIEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement for provision of landscaping services on these lands. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MT]NICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule "4" and forming part of this by-law between the Municipality of Bayham and Wilson Lawn Care and Snow Removal for the provision of landscape services. 2. THAT this byJaw shall come into full force and effect upon the final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 6th DAY OF May 2010. CLERK Staff Report PW2011-06 regarding "Landscaping Services - 2011". Page 302 of 381 THE CORPORATION OF THE MUNICIPALITY OF BAYIIAM BY-LA\M NO.2011-028 A BY-LA\M TO AUTIIORIZE THE RENE\ryAL OF AN AGREEMENT BETWEEN THE MI]NICIPALITY OF BAYHAM ANI) WILSON LAWI\ CARE & SNOW REMOVAL FOR THE PROVISION OF LANDSCAPE SERVICES IN THE MT]NICIPALITY OF BAYHAM WIIEREAS the Council of the Corporation of the Municipality of Bayham did pass By-law 2010-044 on May 6,2010 authorizing the Mayor and Clerk to execute an agreement with Wilson Lawn Care & Snow Removal for landscape services in the Municipality of Bayham; AND WHEREAS the Council of the Corporation of the Municipality of Bayham and the contractor are desirous of renewing this contract for a ftirther one year period, as permitted in the original agreement; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MTINICIPALITY OF BAYIIAM ENACTS AS FOLLOWS: 1. THAT the Agreernent for landscape services between the Municipality of Bayham and V/ilson Lawn Carc & Snow Removal, be renewed for a further one year term; 2. TIIAT all terms and conditions of the original agreement remain in full force and effect; 3. TIIAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND TIIIRD TIME AND FINALLY PASSED TIIIS 7TH DAY OF APRIL 2011 MAYOR CLERK Staff Report PW2011-06 regarding "Landscaping Services - 2011". Page 303 of 381 Page 304 of 381 Municipality of Bayham Building Permits For The Month of March 2011 File: PlO Apr-02-2011 No.Date Roll #Permit Holder Property Description Building Tvoe Value Permit Fee Septic /Sewer Fee 7 3-Ma¡2-001-23500 lolafranceshi- Anselo 3l Robinson Street interior renovations to create restaurant 450sq ft I,s00 r23.00 I 23-Mar 0-006-00805 Ball, rWilliam 54839 Maple Grove Line convert strip room into bunkhouse & install septìc 3.000 166.00 375.00 9 28-Mar 4-00r-16900 Wood, Kenneth 49 Oak Street construct storase shed 280so ft 7_000 80.00 10 29-Mar 4-001-19540 Bersen. John 4l Union Streel finish basement ofexistins house 950so ft I 5.00(208.00 il 30-Mar )-006- l 300r Hunter, John 57446 EdenLine construct oole bam 576so ft 5.00(195.00 March-11 3r.s00 172.00 375.00 ¿O1T YEARTO DATE 288.s00 6,007.00 375.00 March-10 630.6r(6.028.00 875.00 IO1O YEAR TO DATE r.069.616 10,184.00 I r25.00 Prepared by: Reviewed by: sl/,4t4t20't1 excel\monthly\bui ldper B u i l d i n g P e r m i t R e p o r t f o r m o n t h e n d i n g M a r c h 3 1 , 2 0 1 1 . F i l e : P 1 0 P a g e 3 0 5 o f 3 8 1 Page 306 of 381 {ig6tftouse @or¡e[ {[6urcfr 'ì 59 Victoria Steet Port Burwell, Ont. Box 130, Port Bunvell Ont. N0J-1T0, Ph. 519-874-1440 / Fax 874-1441 1oslo " h"ru-y O ( Ç ¿f/, o,, se¿ úfo (, cq.- 4pi, ( L, àor1 ã wlro, 't,r4 (( *T coø1<et.4,, l"/u llrn tì, nfl,Ðus< Gorpo/ C/t,,,,/t o{ 5:Z V ito,ì o SÉ.=. f P-.f ß ^r*u / ( a-þe F 1. tr tt ìr7 /; /, ou f t1,, a /14 ". I tl-:t-,tq' / q fet" - . i, trrc L. côt4 ^*i,t¡ Eort , S^ n rt '€ S*rr,,r. *f -tlT/¿...,"t buo,4 ì,, p..f Buuu.ll okt AynI Ò/, "2ð( Lle A"o L7 re 7u"t1 pn, -rrtà o /" Aa.y'< c{ bu ,, -€,," a o1 t|n b.o.4 Ç . Td,¡ se rv tì e , 1.." +;,, -ì l/ L" c,3 ?1t )nu r{ ì n q, -"L ( L.*( ^ nJ *ì l/ ó. .l"q ne c( qF ,'rn n.¿,L-tç e(/uìr,/ t/te Serø{ c e . Yo*, coo"io/,'roho,"-€ t¡.is -o1., * -n.h qfpre.,it¿, /our " S¿ Poutor /. L, /r/ Au,-, G*p"f c-4',.4 Then spake Jesus again urto tïem, saying, I am the light of theworld: he that followeth me shall not walk in darkness, but shall have the light of life. John 8:12 Correspondence dated April 6, 2011 from the Lighthouse Gospel Church requesting permission to have a bon-fire on the Port Page 307 of 381 Page 308 of 381 BAYHAM EVENTS LISTING FORM Ple¡se use this fom to submit events for your orgenization. Simpþ photocopy this form for multipte submissions. EVENT #I: spoNson ocATIoN DArE(s): S¡"n ¡zoårl. l¡-l , f,/\\ l^Ll_rME(s)l?:-æ -27i c*> coNTAcr' R ;r- {r}r's¿¿.¡<.-PHoNE No: 5\1 6v7 .7¿1 I FAX No: ^)/Ê EMAIL: P rå È t\o¿a¡..: o-Èatago.,e.:¡. DESCRIPTION OF EVENT: PARADE: YES EVENT # 2: PLEASE TYPE OR PRINT CLEARLY!! {ot ¡r.<l.o,Sf . &B'.e-'ogt-<- SPONSOR: LOCATION DArE(S):TIME(S) CONTACT: FAX NO: PHONE NO: EMAIL: DESCRIPTION OF EVENT: suBrvurrED BY: T i: ill*' r{r¡tr¡n PHONE NO: (srq) L3s-?64{ Pleese return this completed form to the Municipality of Bayham Box 160, 9344 Plank Road, Straffordville, ON NOJ lYO Fi le: Comm ittees,lSpecial Events/BavhamSpEvent Form Bayham Events Listing Form and Event Road Closure Request Form from The Elgin Military Museum regarding "Navy Blues" Page 309 of 381 EVENT ROAD CLOSUR,E REOUEST FORM Name of Organization M¡king Request - NameofSpecialEvent- " \\XOY 'É\¡^-.. - r¡ts.i. pû6,8 Date of Special Event - R.s*^ ç> r.l tlt¡*y l{ , 2a.rr Stsrt-timeof Event- \7 : Crı Finish- t o iæo*C-2"!co) Route - (Also orovide map) Specific Request (Road Closurg Traffic Control etc.) - Tillsonburg Fire Dispatch 80 Concession Street East Tillsonburg ONN4G-428 Phone: 519-842-2905 (non-emergency #¡ Fax: 519-842-2190 Central Ambulance Com munications Centre l5l0 Woodcock Street, Suiæ #20 London,ON N6H5Sl Phone: 519-ó61-1784 Fax: 519-661-1799 b{*-tsÐ !lr-. CPnùçt TÞ (Ls.,o-, 9(. ñ . M¡ximum Numberof people expected to ¡ttend - ?^- OOC-" Any Special Needs - âr3,lj;:'J:re"oirl# lut¡orized Member Name ]-l^o .R.rÐ - q,I,* ù.r*^,, þ["**. Municþal Representative Signature - Ontario hovincial Police 42ó96 John lilise Line R.R. # 5 St. Thomas, Ont¿rio N5P 359 Phone: 519-631-2920 Fax 519{31-7923 Cell: 519-8?8-6029 Elgin-St. Thomas EMS Duty Manager Fax: 519-637-34M Phone: 519-637-3098 2 Bayham Events Listing Form and Event Road Closure Request Form from The Elgin Military Museum regarding "Navy Blues" Page 310 of 381 lnvoice Payee Number lnvoice Date Type Cheque Cheque Amount Number 2010.11.19 6.3 9050 000008 407 ETR 82665¿1445 Mar TOLL CHARGE OOOO19 A.J. STONE COMPANY LTD OOOOO993O3 HELMETS OOOOO99392 DEMO SUIT, LINER 03t12t2011 I 23.71 010196 Cheque Amount -23.71 0311112011 I 4,344.85 010197 03117t2011 I 478.61 010197 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 03124120'11 0312412011 1:42PM Cheque Amount - 4,823.46 OOOO23 AAROCAGGREGATES LTD J064915 WNTER SAND 0311612011 t 245.30 010198 Cheque Amount - 24530 001337 AROUNDABOUT BAYHAM 198 MARCH AD 0311412011 I 65.54 010199 Cheque Amount -65.54 OO1 81 6 BRYANS FARM & INDUSTRIAL SUPPLY tN002925 TTRES o3t18t2011 I 920.95 010200 Cheque Amount - 920.95 OOO,I54 CANADIAN KOOLWATER 236't WATER BOTTLES 0312212011 I 48.00 010201 Cheque Amount- 48.00 001818 CITY OF BURLINGTON 32019741 RENTAL OF TRA|NTNG TOWER 03116t2011 I 2,825.00 010202 Cheque Amount - 2,825.00 OOO2O5 CONSEIL SCOI.AIRE DE DISTRICT march'l'l levy SCHOOL LEVY 000206 CONSEIL SCOLAIRE PUBLIC DU March'll levy SCHOOL LEVY 03t24t2011 I 1,618.00 010203 ChequeAmount- 1,618.00 03t24t2011 I 62',1.78 010204 Cheque Amount - 621.78 001432 CULLÍGAN c1133350515 UNTTRENTAL-S.C.C. 0310112011 I 29.32 010205 Cheque Amount - 29.32 000218 cuPE LocAL 35 Feb'11 remit UNION DUES 0212812011 I 588.60 010206 ChequeAmount- 588.60 OOO272 DYNAMIC FLUID PRODUCTS INC l-0831È0 cRtMPS, HOSES 0312112011 I 17.90 010207 Cheque Amount -17.90 Page 1 Cheque Register being Cheque #10196 to Cheque #10266 inclusive, totaling $1,118,014.13 and Payroll Disbursements for Page 311 of 381 lnvoice Payee Number lnvoice Date Tyæ Cheque Cheque Amount Number 2010.11.19 6.3 9050 OOI7O8 EASTLINK Ma¡8127522450005842 Ma¡81275224500'11345 Ma¡8127522450017417 Ma¡8127522450031459 Mar8127522450039965 MarS'127522450050103 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0312412011 0312412011 1:42PM 010208 010208 010208 010208 010208 01 0208 INTERNET - FIREHALL INTERNET - OFFICE FIREHALL.INTERNET INTERNET - EDISON MUSEUM INTERNET - MARINE MUSEUM INTERNET - GARAGE 0311012011 o3t't0t2011 0311012011 03t10t201'l 0311012011 o3t1012011 51.92 91.47 51.92 51.92 51.92 51.92 001366 FAMILY FUNTIME PUBLISHING Cheque Amount - 03t16t2011 351.07 223.74 010209w-2011-328 OOO334 FASTENALCANADA oNTts42168 oNTts42179 oNTts42348 TOURISM ADVERTISING CLEANERS PARTS SUPPLIES Gheque Amount -223.74 197.60 0'10210 32.51 010210 157.58 010210 o3t01t201'l 0310112011 0310712011 I I I 000367 GENERALCHEMICAL 90393165 ALUM SULFATE Cheque Amount - o3t11t201't I 387.69 665.75 010211 Cheque Amount - 03t22t2011 0312412011 665.75 275.00 275.00 010212 010212 010213 001493 GERRYLEMAY 9830 9846 o0't270 GoRD ROESCH boots/gloves Mar00240 -'14793 Mar06571 - ¿14066 Ma¡15773 - 68016 Mar25390 -07266 Mar25390 - 55002 Mar35795 - 43000 Mar43018 - 26008 Ma¡5Q221 - 05009 Mar50370 -20077 Mar53993 - 93004 EYEGI.ASSES. DIANE LEMAY EYEGI.ASSES - GERRY UTILITIES. GARAGE UTILITIES - METER CHAMBER UTILITIES - PUMP#5 UTILITIES - VIENNA STL UTILITIES - PB STL HWY 19 UTILITIES - PUMP#6 UTILITIES - EAST ST STRAFF UTILITIES - TREATMENT PLANT UTILITIES - Vf ENNA LIBRARY UTILITIES - PUMPPI 557.90 90.16 010214 129.13 010214 1,082.94 010214 41.36 010214 353.47 010214 615.59 010214 1,782.82 0',10214 735.77 010214 21.19 010214 6,785.66 010214 231.18 010214 60.02 010214 Cheque Amount - REIMBURSE BOOTS/GLOVES 0312112011 I Cheque Amount - UTILITIES - MILTON & WATERLOO 550.00 557.90 OOO427 HYDRO ONE NETWORKS INC 32759-34009 Mar 12650 - 91004 UTTLITIES - PUMP#8 o3t091201'l 0310912011 0311012011 03t1012011 0311512011 0312112011 03t2112011 0311012011 o3t2'U2011 03t21t2011 03t0912011 0311512011 Page Cheque Register being Cheque #10196 to Cheque #10266 inclusive, totaling $1,118,014.13 and Payroll Disbursements for Page 312 of 381 lnvoice Payee Number lnvoice Date Type Cheque Cheque Amount Number 2010.'11.19 6.3 9050 Mar62396 -2200'l UTILITIES - STRAF STL 0312112011 I 1,121.44 010214 Mañ2770 -20225 UTILITIES - VIENNA MEM PARK 0311012011 I 126.57 010214 Mar62790 - 07266 UTILITIES - RICHMOND STL 0312112011 I 200.17 010214 Mar73394 - 81003 UTILITIES - PUMP #3 0311512011 I 87.36 010214 Mar81590 -07297 UTILITIES - EDEN STL 0312112011 I 609.67 010214 Mar87640 - 15034 UTILITIES - S.C.C. 0311512011 I 1,788.1 0 010214 Mar87790 -07295 UTILITIES - CORINTH STL 0312112011 I 261.77 010214 Mar93850 - 91019 UTILITIES - PUMP#7 03109120'11 I 58.58 010214 Ma¡c)'t75250-12272 UTILITIES - LIGHTHOUSE 0310912011 I 160.63 010214 Cheque Amount - 16,343.58 OOO518 KWIK KOPYPRINTING 66180 COPY PAPER 0312112011 I 530.99 010215 Cheque Amount - 530.99 OOO552 LONDON DISTRICT CATHOLIC March'11 levy SCHOOL LEVY OOO572 MANULIFE FINANCIAL IOO74O158 APRIL REMIT 100740355 APRIL REMIT 0006,I8 MUNICIPAL FINANCE OFFICERS 201 I membership 2011 MEMBERSHIP 03t2412011 I 41,945.27 010216 Cheque Amount - 41,945.27 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0312412011 0312412011 'l:42PM 0311112011 I 5,536.89 010217 03t11t2011 I 4.068.20 010217 Cheque Amount - 9,605.09 02t0712011 I 310.75 010218 Cheque Amount -310.75 001817 o.W.O.T.C. course COURSES 0312212011 I 891.57 010219 Cheque Amount - 89í.57 000658 oMERS 04100 Feb'11 FEBRUARYREMIT 0212812011 I 14,240.47 010220 Cheque Amount - 14,240.47 000662 oNTAR|O ASSOCTATTON OF 46082 AUTO EXTRICATION 0311812011 I 1,'107.40 010221 46085 AUTO EXTRICATION COURSE 0312',112011 I 316.40 010221 Cheque Amount - 1,423.80 000679 OXFORD SAND & GRAVEL LTD 1N0011517r PRE COLDMIX CRS 0311412011 I 2,388.54 0',t022? tN0oll52o4 pREMtuM coLDMXCOARSE 0311812011 t 1,711.95 010222 OOI483 PARTSMASTERCANADA Cheque Amount - 4,100.49 Page 3 Cheque Register being Cheque #10196 to Cheque #10266 inclusive, totaling $1,118,014.13 and Payroll Disbursements for Page 313 of 381 lnvoice Payee Number lnvoice Date Type Cheque Cheque Amount Number 2010.1 1.19 6.3 9050 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0312412011 0312412011 1:42PM 50036423 UN|VERSAL BOX WRENCH 13PC 0310212011 I 241.87 010223 Cheque Amount - 241.87 001251 PK CONSTRUCTION INC Payment CerHT PORT BURWELL SEPTAGE RECEI' 01108120'11 I 7,145.59 010224 payment cert#6 PORT BURWELL SEPTAGE RECEI' 06/30/2010 I 2,224.68 0'10224 Cheque Amount - 9,370.27 OOO727 PUROLATOR COURIER LTD 411614729 COURTER SERVTCES 0311112011 I 25.85 010225 Cheque Amount - 25.85 OOO743 RBCROYALBANK Feb'4516050000954101 BALANCETRANSFER 0212412011 C -10.26 010226 Feb'4516050000954119 MOE 0211612011 I 50.00 010226 Feb45l6'050000954119 WALKERTON CLEAN WATER 0211712011 I 169.50 010226 Feb4516050000954'119'OGRA 0211612011 I 864.45 010226 Febr451605000095411 OGRA 0211812011 I 864.45 010226 ChequeAmount- 1,938.14 000660 RELIANCE HOME COMFORT Mar005 5148374214837 HEATER RENTAL - MED BLDG 03,,1412011 I 36.78 0'10227 Cheque Amount - 36.78 000796 SANDS CANADA INC./ANGUS 00668118 PROTECTTVE EQUTPMENT/SUPPLT 03t16t2011 r 3,068.75 010228 Cheque Amount - 3,068.75 001205 sHRED-tT 006275108 PURGE FILES 0311812011 t 144.U 010229 Cheque Amount - 144.U OOO829 SPECTRUM COMMUNICATIONS LTD 0000618830 ovERcALLs, HoL|DAY FEE 0311512011 I 38.26 010230 0000619116 ANSWERING SERVICE O3l't512011 I 84.69 010230 0000619389 3 MONTHS RENTAL 03115120't1 I 57.63 0',10230 ChequeAmount- 180.58 001434 STANTEC CONSULTING LTD. 548472 RTCHMOND COMMUNTTYWATER O3t10t2011 I 5,831.77 010231 Cheque Amount - 5,831.77 OOO843 STERLING MARKING PRODUCTS INC 5259105 DOG TAG R|NGS 0311712011 t 25.67 010232 Cheque Amount - 25.67 001482 SUN MEDIA CORPORATION DW05203't5l REOUESTS FOR VOLUNTEERS 0310212011 I 134.38 010233 Page 4 Cheque Register being Cheque #10196 to Cheque #10266 inclusive, totaling $1,118,014.13 and Payroll Disbursements for Page 314 of 381 lnvoice Payee Number lnvoice Date Type Cheque Cheque Amount Number Cheque Amount - 134.38 001418 TELUS 016242498030 MOBTLE H|GH SPEED 0310512011 I 127.52 0',10234 016242498030t6366069 CELL PHONE - B KNTFTON O3t05t2011 I 28.02 010234 2010.11.19 6.3 9050 OOO879 THAMES VALLEY DISTRICT SCHOOL March'11 levy SCHOOL LEVY MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0312412011 0312412011 1:42PM Cheque Amount - 305,868.00 OOO914 TOWNSHIP SOUTH-WEST OXFORD 2010-u-12578 CROSSETT DRAIN 2009 0813112010 I 235.61 010236 OOO935 UNION GAS LIMITED 273-21061969754Mat UTILIITES - E.C.C. Mar273-21062430725 UTILITIES - PUMP#1 000986 WORKPLACE SAFETY & INSURANCE 1625314Feb'11 FEBRUARY REMIT ChequeAmount- 155.54 0312412011 I 305.868.00 010235 Cheque Amount - 235.61 0311012011 I 293.81 0',10237 0311412011 I 367.26 010237 Cheque Amount - 661.07 0311712011 t 483.25 010238 0311712011 I 24.75 010238 Cheque Amount - 508.00 0212812011 I 2,585.08 010239 Cheque Amount - 2,585.08 Cheque Run Total - 434,967.72 001324 UNDERHILLBROS 87783 877A4 SNOWPLOWING SNOVVPLOWNG Page 5 Cheque Register being Cheque #10196 to Cheque #10266 inclusive, totaling $1,118,014.13 and Payroll Disbursements for Page 315 of 381 2010.1't.19 6.3 9050 OOO212 COUNTY OF ELGIN 'lst quarter levy lST QUARTER LEVY 201I 0912412011 I 638,604.00 0'10240 Cheque Amount - 638,604.00 Cheque Run Total - 638,604.00 MUNICIPALITY OF BAYHAM 0312412011 2:39PM Accounts Payable Royal Bank Cheque Register - 0312412011 Page 1 Cheque Register being Cheque #10196 to Cheque #10266 inclusive, totaling $1,118,014.13 and Payroll Disbursements for Page 316 of 381 lnvoice Payee Number lnvoice Date Type Cheque Cheque Amount Number 2010.11.19 6.3 9050 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0313'1 1201'l OOOO19 A.J. STONE COMPANY LTD OOOOO995O1 HELMETS 0312512011 I 793.68 010241 ChequeArnount- 793.68 001337 AROUNDABOUTBAYHAM 200 AD - PLAN YOUR ESCAPE 03t26t2011 r 33.90 010242 ChequeAmount- 33.90 001448 Bto-AG SERVTCES tNC. 329 EDEN PUMP STATION 03t12t2011 I 3,813.75 0'10243 Cheque Amount - 3,813.75 001471 BLUEWAVE ENERGY 409233733ß839 otl, DRUM DEPOSTT 0310912011 I U2.28 010244 40923373349221 DRUM DEPOSTT 0311012011 C -l'13.00 010244 40923373352067 DRUM DEPOS|T, OtL 03t21t2011 I 766.99 01024,/. Cheque Amount - 1,496.27 OOO156 CANADIAN PIPE & PUMP SUPPLY LTD T427762 CARTRIDGES OOOI6O CANON CANADAINC, 6669827 QUARTERLY BILLING OOOIOO CORPORATE EXPRESS 27249216 FILE FOLDERS 27291215 CARTRIDGES o3t17t2011 r 933.95 010245 ChequeAmount- 933.95 0312112011 I 870.44 010246 Cheque Amount -870.M 03t22t201't I 65.25 010247 0312812011 I 106.20 010247 0313112011 3:23PM Cheque Amount - 171.45 001819 CVv\ruA membership UTILITY MEMBERSHIP 0312912011 I 270.07 010248 Cheque Amount - 270.07 OOO229 DANCE SEWER CLEANING INC 12029 VACUUM FORCE MA|N 0311212011 I 5,709.33 010249 Cheque Amount - 5,709.33 OOO28O EAST END SUPPLY 0000066888 BEAR|NG, F|-ANGE UN|T 03128120'.11 I 116.70 010250 Cheque Amount - 116.70 001288 FARMINGTON MECHANICAL INC. 007895 NO FLOW- EDEN PUMP STN 0311812011 I 2,099.67 010251 007896 REPA|RS - TREATMENT pt-ANT 03t18t2011 I 2,271.30 010251 007897 PUMP, TANK, F|LTERS, METER 03t18t2011 I 4,514.35 010251 007898 BOTTOM CLEAN OUT & CLAMPS 03t21t2011 I '1,175.20 010251 Page 1 Cheque Register being Cheque #10196 to Cheque #10266 inclusive, totaling $1,118,014.13 and Payroll Disbursements for Page 317 of 381 lnvoice Date Type Gheque Cheque Amount Number 2010.11.19 6.3 9050 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0313'112011 Gheque Amount - 03t1112011 I Cheque Amount - 03131120'11 3:23PM OOO334 FASTENALCANADA ONTIS42417 SUPPLIES OOO991 HORVATHAUTOPARTS 208177 208901 208933 10,060.52 70.03 010252 LIGHTS W HARNESS SOCKETS NITRILE GLOVES 0311012011 0312812011 03t2912011 70.03 262.16 010253 7.03 010253 33.88 010253 OOO517 KROWN RUSTCONTROL '187-'t798 OOO5,I9 KYLE KRUGER roma/ogra 000569 M&LSUPPLY 0000120780 POWERKLEEN SOAP ROMA/OGRA CONFERENCE RUBBER BOOTS, GLOVES OO182O MONARCH REBUILDÍNG INC 54340 PUMPSET 000633 NATURAL RESOURCE GAS LIMITED Gheque Amount - 0312412011 I 303.07 66.67 Cheque Amount - 03t0212011 I 66.67 677.04 010254 010255 Cheque Amount - 03t2212011 677.04 889.69 010256 Cheque Amount - 03t2912011 889.69 312.35 010257 Ma¡812378-01 Ma¡E14212-01 MarE22380-01 Ma¡E24200-01 Ma¡E4540741 MarE4540901 MaÉ45410-01 MarESl600-01 MarF19290-01 MarF20600-01 MarF26864-01 MarG06210-01 MarG06305-01 MarG06307-0'l MarG15700-01 MarG40407-01 UTILITIES - FIREHALL UTILITIES - MED BLDG UTILITIES. PUMP#s uïLrTrEs - s.c.c, UTILITIES - OFFICE UTILITIES -PUMP#2 UTILIITES - LIBRARY UTILITIES - GARAGE UTILIITES - EDISON MUSEUM UTILIITIES. V.C.C. UTILITIES. PUMP#6 UTILITIES - PB LIBRARY UTILITIES - MARINE MUSEUM UTILITIES - PB FIREHALL UTILITIES - PB OPP UTILITIES -PB GARAGE Cheque Amount -312.35 516.19 010258 244.81 010258 21.62 010258 503.90 010258 345.13 010258 20.96 010258 79.18 010258 1,374.34 010258 187.35 010258 47.U 010258 37.92 010258 143.92 010258 290.24 010258 461.39 010258 19.68 010258 363.4'.t 010258 03t1912011 0311912011 0311912011 03t't912011 03t19t20't'l o311912011 03t1912011 03t1s12011 03t21t2011 o3t21t2011 03t21t2011 03t22t2011 03122120'11 03t22t2011 03t22t2011 03t2212011 I I I I I I I I I I I I I I I I Page Cheque Register being Cheque #10196 to Cheque #10266 inclusive, totaling $1,118,014.13 and Payroll Disbursements for Page 318 of 381 lnvoÍce Payee Number lnvoice Date Type Cheque Cheque Amount Number 2010.'t1.19 6.3 9050 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 031311201 1 Cheque Amount - 4,657.68 OOíI06 SIEMENS WATER TECHNOLOGIES 900122096 FREIGHT BIOXIDE OOO832 SPRIETASSOCIATES 10.0693 CI.ARKE BRIDGE 03t14t2011 I 4,101.53 010259 Cheque Amount - 4,101.53 1113012010 r 4,526.63 010260 Cheque Amount - 4,526.63 OOO874 TEAMTRUCKCENTRES A210800133 ASSY NUT 0312112011 I 1.74 010261 A210830091 ABBRACE ASSY 0312412011 I 124.63 010261 Cheque Amount - 126.37 OOO879 THAMES VALLEY DISTRICT SCHOOL 2010 reconciliation 2010 RECONCILIATION 'l2l31l2Ù1! I 2,623.79 010262 Cheque Amount - 2,623.79 OOIOO2 TILLSONBURG FIRE & SAFEW EQUIPMENT 15965 S.C.C. HOOD RANGE TNSPECTTON 03t24t2011 I 107.92 010263 15976 V.C.C. HOOD RANGE tNSpECTtON 03t24t2011 I 102.27 010263 Cheque Amount - 210.19 001784 TOM SOUTHWTCK ogra conference OGRA/ROMACONFERENCE æ10A2ü1 I 1,191.46 01026/. Cheque Amount - 1,191.46 001324 UNDERHILLBROS 87788 SNOWPLOWING o3t25t2011 I 257.08 010265 Cheque Amount - 257.08 OOO982 WILTSIE TRUCK BODIES LTD 24577 TOGGLE SWITCHES 03124120',11 I 158.77 010266 Cheque Amount - '158.77 Cheque Run Total - 44,442.41 0313112011 3:23PM Page 3 Cheque Register being Cheque #10196 to Cheque #10266 inclusive, totaling $1,118,014.13 and Payroll Disbursements for Page 319 of 381 SORW HUNICIPALITY OF BAYHAÌ.I FEDL TAX NR TAX PROV TAX EI CONT QPIP CAN PEN QC PEN QC HSF ON EHT MB HET NL HAPSET TOT STATS CH EQUES DEPO S I TS US DEPS DED DEPS TOT NPAY RRSP RTI TOT PAYROL SERV CHRG GST HST GRAND TOT TOT PACKETS . CURRENT L0,397.46 2,L40.4L 4,8O7 .68 I ,076.50 I8,421.85 3A,546 -49 3A,546.49 56 ,96a.34 I 16.05 15.08 57 ,099.45 ITEI'I UNITS SALARIED I¡IORKPAYS 20 PAY ADVICE FOLD 50 TOTAL S,/C SUBJECT TO HST IS TOTAL PAYROLL DEBIT IS CI{ARGE ss.bo ,.þo AD PAYROLL DAILY c0 P CANADA TECHNOLOGIES DATE REPORTUP RUN: l.lAR 22 ?OLl N0: A PAGE: I055 HST REG: 100057413 RTO004 COHPANY PAGE: 5 DEBIT DATE: MAR 25, 20It DATE 0F PAY: HAR 25, 20rl HPANY TOTALS ADJ UST - DR ADJUST-CR CURRENT TOTAL LO,397 .46 2,L40.4L 4 ,807 . 68 t , 076.50 LA ,42L . A5 3A ,546 .49 34 ,546 . 49 56 ,968.34 1r6.03 15.08 57 ,099.45 ANALYSIS OF SERVICE CHARGES ITEI,,I UNITS CHARGE HOURLY WORKPAYS IO 16.50 COURIER FEE 1 12. OO I I6.05 YTD TOTAL 6L,L45.45 FEDL TAX NR TAX PROV TAX L2,727 .26 EI CoNT QPIP 29,738.40 CAN PEN QC PEN QC HSF 6,403.53 0N EHT HB HET NL HAPSET IIO,OI4.64 TOT STATS CHEQUES 264,A60.A2 DEPoSITS US DEPS DED DEPS 264,A60.82 T0T NPAY RRSP RTI 374,875.46 T0T PAYRoL L,469.L4 SERV CHRG GST 190.98 HST 576,535.54 GRAND TOT YTD ADJUST ITEM PAYROLL RUNS UNITS I CHARGE 47.93 57'099.45 DEBIT INF0RHATI0N: 005 05102 t0ll923 C h e q u e R e g i s t e r b e i n g C h e q u e # 1 0 1 9 6 t o C h e q u e # 1 0 2 6 6 i n c l u s i v e , t o t a l i n g $ 1 , 1 1 8 , 0 1 4 . 1 3 a n d P a y r o l l D i s b u r s e m e n t s f o r P a g e 3 2 0 o f 3 8 1 q 87 John Street South, Aylmer, Ontorio NsH 2C3 Telephone: 519-7 7 3-5344 Fox:519-773-5334 www,molohide.co nÄi:iËîb"É A proud tradit¡on, a brightJuture. March 21, 2011. County of Elgin, 450 Sunset Drive St. Thomas, Ontario. NsR 5V1 Attention: Mr. Mark McDonald Dear Sir. RE: lmpact of Fuel Price Increases. At6 The Malahide Township Council discussed the impact of fuel price increases at their regular Council meeting on March 17,2011. The Council is requesting that the County of Elgin recognize the budgetary impact of increased fuel prices and consider enacting an amendment to the terms of its contract with the lower tier municipalities to allow for a fuel surcharge in 2011. We appreciate your consideration to this request. Yours very truly, TOWNSHIP OF MALAHIDE vt\ C!ø0,^<-rzlrc7"> M. CASAVECCHIA, D.P.A., C.M.O., CMM III C h ief Ad m i n istrative Officer/Clerk Copy - Elgin County Lower Tier Municipalities MICHEttE M. CASAVECCHIA C hief Adminislrolive Off icer/Clerk mcosovecchio@molohide. co susAN E. wltsoN Director of Finonce swilson@molohide.co Correspondence from Township of Malahide to County of Elgin regarding "Impact of Fuel Price Increases". Page 321 of 381 Page 322 of 381 q March 24,2OLL ct3 Attention Council of Bayham My name is Stacy Nevill and I'm writing this letter to request permission to hold my wedding ceremony in Vienna park September 10 2011. I grew up in Vienna and my parents Rick and Cheryl Nevill still reside there. The ceremony will have 150 invitees and will start at 4:00pm. Guests are to arrive shortly before 4:00 and head to the Straffordville Community center right after. I assume we would be in the park for roughly an hour or so, with the ceremony only lasting about 20 min. We will be setting up 150 chairs in the park for our guest, which will be removed right after the ceremony. I have listed all the contact information below and I look forward to hearing from you with your decision. Thank you Stacy Nevill Bride and Groom: Stacy Nevill and Derek Scott 509 Main St of Delhí Delhi, On, N4BZXZ 519-582-44s6 Brides'Parents: Rick and Cheryl Nevill 4974 Plankrd Vienna, On, NOJ1Z0 519-874-4249 Grooms Mother : Jane Scott 308 Oakhill Dr Brantford, On, N3T1R1 519-7544433 Correspondence dated March 24, 2011 from Stacy Neville requesting use of Vienna Park. Page 323 of 381 Page 324 of 381 .l MINUTES Bayham Community Centres Committee Bavham Communitv Centre 56169 Heritage Line, Straffordville, ON 'Wednesday March 23, 20ll 7:30 p.m. Coâ Fr Present: Councillors Wayne Casier and Ed Ketchabaw, Straffordville Lions Club representative Roy Stewart, Vienna Lions Club representative William Gheysen, Community Mernbers at Large Diane Squires and Lynn Prues, Bayham Community Centre Manager Jackie Declerq, Vienna Community Centre Manager Jackie Bootle and Secretary Lynda Millard. 1. Call to Order Chairman Casier called the meeting to order. He and members welcomed Lynn Prues to the Committee. 2, I)isclosure of Pecuniary Interest and the General Nature Thereof None 3. Minutes of the meeting held January 3lr20ll Moved by V/m Gheysen Seconded by Ed Ketchabaw "That the minutes of the meeting held January 21r 2011 be approved as circulated." Carried 4. Business from Minutes It was noted that Mike Wells has re,placed the counters and sink in the bar/kitchen area and replaced the pop counter. Painting of the wall at the front of the hall is still to be done. Extra work was required in the bar due to a water leak. The total cost was $4,894.01 including tax. The rebuilding of the outside duct enclosure area has not yet begun. The church group has made other arrangements and no longer need the Vienna hall. It was agreed that the Shriners should be charged $185 for their annual meeting. 5. Reports & Correspondence (a) Managers 2011 Rental Reports (i) Vienna - wero handed out, reviewed and received (ii) Straffordville -was not available (b) StaffMemorandum 2017-02 regarding review of use of the Vienna Community Centre byC&CDancing. It was noted that a trial dance fitness class had recently started at the Straffordville hall on Sundaymomings. Response has been good. Bayham Community Centres draft minutes of meeting held March 23, 2011 (Item 5 (b) & (d) require Council action), Draft By- Page 325 of 381 (c) Moved by D Squires Seconded by L Prues "That the Bayham Community Centres Committee recommends to Council that use of the Bayham Community Centre for C & C Dance for dance fitness classes be authorized at the fee rate of $50 per session.'Carried 2010 &,201I Operating Budget Actuals to December 3ll10 & Mar 18/l l - received The annual heating/cooling costs for the Bayharn hall were discussed. Opportunity to check the amount of existing insulation and add more may arise when the enclosure is rebuilt. Draft 5 year capital project 20ll - 2015 was reviewed. It was agreed that replacement of the dishwasher is a priority for 2011. To validate the waranty a water conditioner willbe required. The pump is leaking and also needs to be replaced. The Secretary was requested to confirm the dishwasher quote from DelBac, seek estimates for purchase of a water conditioner and a new pump, as well as installation costs for the required equipment. MovedbyR Stewart Seconded by L Prues "That the Committee recommends to Council that the dishwasher at the Vienna Community Centre be replaced with a Fagor Model FI-120\il as soon as possible. Carried Other Business The Secretary noted that correspondence from Edwa¡d Jones of All Canadian Services Corps had been received offering to clean up the existing diabetes goup clothing bin at Straflordville hall and installing two bins from his company. $100 perbin is offered per year and paid quarterly. Clean up and regular maintenance is assured. The Diabetes Association is to be requested to remove their bin. Moved by D Squires Seconded by R Stewart (6That the Community Centres Committee accepts the offer from Edward Jones, All Canadian Services Corps to place and maintain two "Clothing Bins" at the Bayham Community Centre in Straffordville, on a one year trial basis, as identified in his email correspondence dated February 4r20Ll. Canied Concerns from Committee Members and/or Managers Roy noted that the gates to the Straffordville Park have been knocked offthe hinges and damaged by the snow removal contractor. (d) 6. 7. Bayham Community Centres draft minutes of meeting held March 23, 2011 (Item 5 (b) & (d) require Council action), Draft By- Page 326 of 381 Roy agreed to recover the podium. Jackie B noted that one of the yellow metal protection posts at Vienna had been broken off. She added that the metal garbage cans near the entrance doors need emptying atboth sites. Jackie D commented that the OPP would like the wood pallets, broken glass, garbage and underbrush rernoved from the treed areas to heþ control illicit youth activities and vandalism. These items are to be referred to PW Manager for appropriate action. Wayne will advise the OPP that local students are stealing alcohol and smashing bottles. It was noted that the requested Engineer's report regarding Fire Code issues is not yet available. It was noted that the St. Thomas Elgin General Hospital goup has changed their meeting to April 14 at the Shaffordville hall. 8. Committee of the Whole Closed Session (a) Minutes of closed session meeting held March 2512010 9. Next meeting date and adjournment Moved by D Squires Seconded by Wm Gheysen "That the meeting be adjourned at 9:30 p.m., to meet again on ThursdayrMay 26, 2011 in the Bayham Municþal Committee Room at7z30 p.m., or at the call of the Chairman." Ca¡ried Chairman Date aporoved: Secretary Bayham Community Centres draft minutes of meeting held March 23, 2011 (Item 5 (b) & (d) require Council action), Draft By- Page 327 of 381 TIIE CORPORATION OF THE MT]NICIPALITY OF BAYHAM BY-LAW 2011-030 BEING A BY-LAW TO FT]RTIIER AMEND BY-LAW 2OO5.IO2 IMPOSING RATES AND F'EES \ilHEREAS the Municþal Act S.O. 2001, c.25, Section 391(l), as amended, provides that the Council of a local Municipality may by by-law, impose specific rates and fees to be charged for, municþal services. AND \ilIIEREAS the Council of the Corporation of the Municipality of Bayham did by By- law 2005-102 adopt a schedule of rates and fees for municipal services; AND WHEREAS the Council of the Corporation of the Municipality of Bayham did by By- laws 2008-024,2009-104,2009-124 and20l0-102 amend the schedule ofrates and fees for municipal services; AND WEEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to further amend the schedule of rates and fees for such services; AND WIIEREAS Council is desirous that adoption of such amendment be byby-law; THEREFORE THE COT]NCIL OF TIIE CORPORATION OF THE MUMCIPALITY OF'BAYHAM ENACTS AS F'OLLO\ilS: 1. TIIAT By-law 2Cf.5-102, Schedule "A", as amended, be fi,¡rther amended to include the following under Community Centre Rental Fees Staffordville: o a fee rate of $50 per night for C & C Dance; 2. THAT effective upon final passing of By-law 2011-030,the Schedule of Rates and Fees set out in Schedule "A" attached to By-law 2005-102, as a¡nended, shall remain in effect until further amended or rescinded. 3. AND THAT in all otherrespects By-law 2005-702 be hereby confirmed. READ A FIRST, SECOI\D AND TIIIRD TIME AND FINALLY PASSED THIS 7M DAY OF'APRIL 201I. MAYOR CLERK Bayham Community Centres draft minutes of meeting held March 23, 2011 (Item 5 (b) & (d) require Council action), Draft By- Page 328 of 381 M(I]VCIPALITY O F BAYHAM MEMORANDUM DATE: APRIL 4,2017 TO: Council RE: Purchase of Dishwasher FROM: Lynda Milla¡d, Clerk NUMBERz C2011-04 This information is provided in accordance with the recommendation of the Community Centres Committee to purchase a new dishwasher for the Vienna Community Centre. Due to the age of the current dishwasher, suitable repair parts are no longer available to maintain the minimum temperatures required to satisfr the Public Heath Inspector. Quotes were sought from Del-Bac and Butcher and Restaurant Equipment & Supplies Ltd. The recommended purchase is from Dec-Bac for a new Fagor FI-120V/ dishwasher at $7,332 plus taxes and installation. The same model was purchased in 2006 for the Straflordville hall. In order to validate the warrant¡ installation of a new water conditioner is required. One quote for installation costs include a new water conditioner, materials and labour has been received. An additional quote has been requested and is expected by Thursday. Recommendation: "TIIAT Council authorizes the purchase of a Fagor dishwasher at a cost of S7 ,332 plus a water conditioner and installation for the Vienna Community Centre." Bayham Community Centres draft minutes of meeting held March 23, 2011 (Item 5 (b) & (d) require Council action), Draft By- Page 329 of 381 Page 330 of 381 ^ ontarlo Gtean ttvater Agoncy V Âgþnce ontarlenne oeã gaux March 22,2011 Township of Malahide Cö8RobJohnsoî r , .\ Director of Physical Services Ltþt¿t st 87 John Street South Aylmer ON NsH 2C3 Dear Mr. Johnson, Attached is the 2010 Summary Report for the Port Burwell Area Secondary Water Supply System. This report is completed in accordance with Schedule 22 of O. Reg. 170103, under the Safe Drinking Water Act. This Summary Report is to be provided to the members of the Port Burwell Area Secondary Water Supply System Joint Board of Management; please ensure this distribution. We recently forwarded a copy of the 2010 Annual Report for the Port Burwell Area Secondary Water Supply System required under Section 11 of O. Reg. 170/03. Section 12 of O. Reg. 170/03, requires both the Summary Report and the Annual Report be made available for inspection by any member of the public during normal business hours, without charge. The reports should be made available for inspection at the office of the municipality, or at a location that is reasonably convenient to the users of the water system. Please feel free to contact me should you require any additional information regarding these reports. I can be reached at 519-773-5266. Sincerely, Jim Laur Process and Compliance Technician C.c. Dale LeBritton, Operations Manager 2010 Annual Summary Report for the Port Burwell Area Secondary Water Supply System. Page 331 of 381 ^ ontario Glean water Agency V A$ence ontarienno Deı Eaúx Annual Summary Report For the Port Burwell Area Secondary Water Supply System For the Year 2010 Prepared for the Township of Malahide, Administering Municipality for the Port Burwell Area Secondary Water Supply System By the Ontario Clean Water Agency 2010 Annual Summary Report for the Port Burwell Area Secondary Water Supply System. Page 332 of 381 Table of Gontents Compliance with Regulations Schedule 22-2 (2)(a) List the requirements of the Act, the regulations, the system's approval, drinking water works permit, municipaldrinking water licence, and any orders applicable to the system that were not met at any Corrective Actions Schedule 22-2 (2)(b) For each requirement refened to in section 2 that was not met, specify the duration of the failure and the measures that were taken to correct the failure. Schedule 22-2 (3) 1. A summary of the quantities and flow rates of the water supplied during the period covered by the report, including monthly total, average daily and maximum daily flows. 2. A comparison of the summary refened to in paragraph 1 to the rated capacity and flow rates approved in the system's approval, drinking water works permit or municipal drinking water licence, or if the system is receiving all of its water from another system under an agreement pursuant to subsection 5 (4), to the flow rates specified in the written agreement. APPENDIX A Port Burwell Valve House flows for Jan. 1 ,2010 to Dec. 31,2010 APPENDIX B Boundary Meter Flows for Jan. 1,2O1O to Dec. 31,2010 2010 Annual Summary Report for the Port Burwell Area Secondary Water Supply System. Page 333 of 381 This report is a summary of water quality information for the Port Burwell Area Secondary Water Supply System, published in accordance with Schedule 22 ol Onlario's Drinking Water Systems Regulation for the reporting period of January 1,2010 to December 31,2010. The Port Burwell Area Secondary Water Supply System (waterworks number 260004735) is categorized as Large Municipal Residential Drinking Water System. This report was prepared by The Ontario Clean Water Agency on behalf of the Township of Malahide and must be supplied to the Port Burwell Area Secondary Water Supply System Joint Board of Management by March 31,2011. The Port Burwell Area Secondary Water Supply System received two compliance issues in 2010 otherwise the system was operated and maintained in such a manner that water supplied to the consumers and serviced by the system satisfied the requirements in the Safe Drinking Water Act, the regulations and the Certificate of Approval. The Annual inspection of the Port Burwell Area Secondary Water Supply System conducted by Ministry of Environment lnspector Jim Miller began Aug.18/10. Following the lnspection there were two non-compliance issues with Regulatory Requirements recorded. Non-Compliance ltem #l :- The essenfia/ treatment components utilized by the sysfem were indicating signs of excessive corrosion and in need of repair. - Actions Required: The Owner/Operating Authority shallforthwith assess all essential sysfem components of the Port Burwell Area Secondary Water Sysfem to address ongoing issues related fo excessive corrosion of the chlorination facility. - Additionally, the Owner/Operating Authority shall ensure that aspects of the drinking water sysfem such as; spare critical instrumentation equipment, chemical pumps, controllers, electrical sysfem components, ventilation sysfems, screens, roofs, doors, drainage sysfems, air/vacuum relief chambers, efc. are managed, maintained and operated to comply with all applicable regulations. - The Owner/Operating Authority shall ensure all identified deficiencies rn fhe sysfem are upgraded, repaired or replaced by January 31, 2011. A summary of the findings and actions taken to correct identified gaps shall be foruarded to the inspector by February 28, 201 1. Pagel of 2 2010 Annual Summary Report for the Port Burwell Area Secondary Water Supply System. Page 334 of 381 Non-compliance ltem #2:- The Township of Malahide, the administrative body for the Port Burwell Area Secondary Water Supply Sysfem, failed to distribute copies of the 2009 Summary Report to the members of the Joint Board of Management, and the owner of the drinking water system, as per Schedule 22-2 ()(c)by March 31,2010. - Actions Required: The Township of Malahide, the administrative body for the Port Burwell Area Secondary Water Supply Sysfem shall develop a process that ensure all future summary reporfs as required under O.Reg. 170/03 Schedule 22 are senf fo members of the Port Burwell Area Secondary Water Supply Sysfem Joint Board of Management by March 31 of the following year. The Township of Malahide shall provide a summary of how this will be accomplished to the lnspector, by no later than October 31, 2010. The Township of Malahide, the administrative body for the Port Burwell Area Secondary Water Supply System contracted an Engineering firm to conduct and assess the components of the chlorination system and the facility in which they contained. The report was forwarded to the inspecting officer. The administrative authority for the Port Burwell Secondary Distribution System, have created an annual work order to ensure copies of the Annual Summary report are provided to the members of the joint board of Management the owner of the drinking water system, as per Schedule 22-2 (1Xc)bv March 31. Although there were two non-compliance items the system received 96.91% for the Final lnspection Rating. The Certificate of Approval # 1617-SJASGS does not specify a rate of flow limit for this system. The Owner/Operating Authority has implemented an ongoing leak detection and repair program and has reduced the water loss considerable for 2010. The total annual flow for 2010 was 281 ,428m3 which is an increase of 1% from 2009. This corresponds with the maximum daily peak flow of 1,301m3/ day, which is a 1.6% increase from 2009. Page 2 of 2 2010 Annual Summary Report for the Port Burwell Area Secondary Water Supply System. Page 335 of 381 APPENDIX A The following table provides the Flow from the Port Burwell Valve Chamber. Month Total Monthly Flow m3 Average Daily Flow m3/ dav Maximum Flow m3/ dav Januarv 18.1 18 560 660 February 15.450 555 653 March 18.660 603 766 April 20.529 710 886 Mav 26.242 849 1120 June 28.261 875 1 099 Julv 33,333 1033 1 301 Auqust 28,527 999 I 199 September 25,1 98 835 1 094 October 23,165 743 912 November 21,580 741 871 December 22,335 725 939 TOTAL 281.428 2010 Annual Summary Report for the Port Burwell Area Secondary Water Supply System. Page 336 of 381 APPENDIX B The following table indicates the total monthly flow at the boundary meters. TOTAL EO14 E034 E038 v0l Month Total Flow m3/ dav Total Monthly Flow m3 Total Flow m3/ dav Total Flow m3/ dav January 17.357 10,300 6,436 3.918 February 15.006 9,205 5.479 3.363 March 17.922 11.299 7.301 3.806 April 19,220 12.369 8.280 3.663 May 24.547 15.282 10.114 4.890 June 26,438 15.373 11.908 4.349 Julv 31.380 19.389 15,298 4,480 Auqust 14.823 19.000 13,313 3.874 September 23.776 15.139 11.284 3.704 October 22.060 14,804 12,905 1.962 November 21.615 15,135 9.672 5.623 December 20.556 15,046 9.691 4.888 TOTAL 254,700 172.341 121.681 48,520 2010 Annual Summary Report for the Port Burwell Area Secondary Water Supply System. Page 337 of 381 Page 338 of 381 Mlnlstry ol the Environment Safe Drinking Water Branch 3232 White Oak Road, 3d Floor London ON N6E 1LB Tel (519) 873-5094 Fax (519) 873-5096 Mlnlstère de I'Envlronnement Direction du contrôle de la qualité de I'eau potable Bureau du district de London 3" étage 3232, chemin White Oak London (Ontario) N6E 118 Tel (519) 873-5094 Fax (51 9) 873-5096 File No. EL-BA-540 WW# 260004748 March ll,20ll The Corporation of the Municipality of Bayham 9344 Plank Line Stratffordville, Ontario NOJ 1Y0 Attention: Mr.KyleKruger,CMO/Administrator Re: Municipality of Bayham Distribution System Inspection Report Inspection conducted on January 27,2071 eÞ& C FæS4 The enclosed Drinking Water Inspection Report outlines non-compliance, if any, with Ministry legislation, and policies for the above noted water system. Violations noted in this report, if any, have been evaluated based on community risk. These violations will be monitored for compliance with the minimum standards fo¡ drinking water in Ontario as set forth under the Safe Drìnking Water Act and associated regulations. Where risk is deemed to be high and/or compliance is an ongoing concern, violations will be forwarded to this Ministry' s Investigation and Enforcement Branch. In order to measure individual inspection results, the Ministry has esøblished an inspection compliance risk framework based on the principles of the Inspection, Investigation & Enforcement (II&E) Secretariat and advice of internal/external risk experts. The Inspection Summary Rating Record (IRR), included as Appendix D of the inspection report, provides the Ministry, the system owner and the local Public Health Units with a summarized quantitative measure of the drinking water system's annual inspection and regulated water quality testing performance. Please note the attached IRR methodology memo describing how the risk rating model has improved to better reflect the health related and administrative non-compliance found in an inspection report. IRR ratings are published (for the previous inspection year) in the Ministry's Chief Drinking Water Inspector's Annual Report. If you have any questions or concerns regarding the rating, please contact Shawna Bourne, Drinking'Water Program Supervisor, at (519) 873-5122. If you have any questions regarding the reporl, please feel free to call me at (519) 873-5092 Yours truly, Provincial Officer London District Office jim.w.miller @ ontario.ca cc. Mr. Ed Roloson, Vy'ater/TVastewater Supervisor Elgin-St. Thomas Health Unit Long Point Region Conservation Authority London District File Municipality of Bayham Distribution System Drinking Water System Inspection Report dated January 27, 2011. Page 339 of 381 Ministry of the Environment MUNICIPALITY OF BAYHAM DISTR¡BUTION SYSTEM Drinking Water System lnspection Report DWS Number: lnspection Number: Date of lnspection: lnspected By: 260004748 1.8B4YM Jan 27,2011 Jim Miller Municipality of Bayham Distribution System Drinking Water System Inspection Report dated January 27, 2011. Page 340 of 381 Mlnlstry of the Envlronment Drinklng Water Inspection Repod Table of Contents Table of Contents Owner lnformation.............. ..................... 2 lnspection Details..... ............... 2 lnspection Summary .............. 4 LMR lntroduction ............. ........ 4 LMR Distribution System ..........5 LMR Operations Manuals 5 LMR 1o9books............,... ...... 6 LMR Security .,..... 6 LMR Certification and Training .,.................. 6 LMR Water Quality Monitoring .....,............... 7 LMR Water Quality Assessment ................. I LMR Reporting and Corrective Actions ....,...................... I LMR Other lnspection Findings...... .............. 9 Non Compliance with Regulatory Requirements and Actions Required .............. 10 Summary of Best Practice lssues and Recommendat¡ons .............. ..... 11 Si9natures............... ............... 13 Appendix A: Drinking Water System Gomponents Description Appendix B: Drinking Water Works Permit and Municipal Drinking Water Licence Appendix G: MOE Audit Sample Results Appendix D: lnspection Rating Record Municipality of Bayham Distribution System Drinking Water System Inspection Report dated January 27, 2011. Page 341 of 381 lÞ^ . . Ministry of the Environment ,f OntafiO Drinkins Water Systém tnspection Report OWNER INFORMATION: Company Name: BAYHAM, THE CORPORATION OF THE MUNICIPALITY OF Street Number: 9344 Unit ldentifier: Street Name: PI-ANK Rd City: STRAFFORDVILLE Province: ON PostalGode: NOJ 1Y0 CONTACT INFORMATION Type: Owner Name: Kyle Kruger Phone: (s19) 866-5521 Fax: (s19) 966-3ss4 Email: kkruger@bayham.on.ca Title: CMO/Administrator Type: Operating Authority/Owner Name: Edward Roloson Phone: þ19) 874-4761 Fax: þ19) 874-4101 Email: eroloson@bayham.on.caTitle: WaterMastewater Superintendent TYPe: Operating Authority Phone: (S't9) 874-476,1 Email: bbutler@bayham.on.ca Title: Operator Name: Bob Butler Fax: (S19) 874-4101 INSPECTION DETAILS: DWS Name: DWS Address: Gounty/District: MUNICIPALITY OF BAYHAM DISTRIBUTION SYSTEM 9344 Plank Road Bayham Large Municipal Residential 260004748 Unannounced DistricUArea Office: London District DWS Category: DWS Number: lnspection Type: lnspection Number: 1-8B4YM Date of lnspection:Jan 27,2011 Date of Previous Inspection: Feb 17,2010 DRINKING WATER SYSTEM COMPONENTS DESCRIPTION Site (Name): Pt. BurwellWater Distribution Type: Treated Water POE Report Generated for millerji on 1010312011 (dd/mm/yyyy) DWS#:260004748 MUNICIPALIW OF BAYHAM DISTRIBUTION SYSTEM Date of lnspection: 2710112011 (dd/mm/yyyy) Sub Type: Other Page 2 of '13 Municipality of Bayham Distribution System Drinking Water System Inspection Report dated January 27, 2011. Page 342 of 381 ÐÞontario Comments: The Port Burwell Water Distribution System was installed in 1971 and presently serves an approximate population of 1,020 persons. The potable water is distributed through 12 kilometres of PVC water main, ranging in size from 6 to 10 inches with 52 main valves, 48 fire hydrants and 496 curb stops. Site (Name): Vienna Booster Station and Distribution System Type: Treated Water POE Sub Type: Booster Station Gomments: Treated water from the Port Burwell Secondary Water Supply System enters the Vienna Booster Station after receiving rechlorination at both the Port Burwell Water Tower and the Lakeview Rechlorination Facility. The Menna Booster Station is located on the northwest corner of Vienna Line and Centre St. South, at 55486 Menna Line. The station consists of a 22 kilowatt pump rated at 45 litres per second at a total dynamic head of 26 metres, one pressure regulating valve and one by-pass piping connection. Under normal flow conditions the water passes through a pressure regulating valve, bypassing the pump untilthe system pressure drops to 30 psi and shuts down once the pressure reaches 70 psi. The Vienna Water Distribution System was installed in 1977 and presently serves a population of approximately 490 persons. The potable water is distributed through 5 kilometres of PVC and concrete ductile iron water main, ranging in size from 6 to 12 inches, with 38 main valves, 30 fire hydrants and 205 curb stops . Ministry of the Environment Drinking Water System lnspection Report ReportGeneratedformillerji on101031201'l(dd/mm/yyyy) DWS#:260004748 MUNICIPALITY OF BAYHAM DISTRIBUTION SYSTEM Date of lnspection: 27 101 12011 (dd/mm/yyyy) Page3ofl3 Municipality of Bayham Distribution System Drinking Water System Inspection Report dated January 27, 2011. Page 343 of 381 Þontario Ministry of the Environment Drinking Water System lnspection Report INSPECTION SUMMARY INTRODUCTION * The primary focus of this inspection is to confirm compliance with Ministry of the Environment legislation and authorizing documents such as Orders and Certificates of Approval, as well as evaluating conformance with Ministry drinking water related policies and guidelines during the inspection period. Thls report is baeed on an inspection of a "stand alone connected distribution system". This type of system receives treated water from a separately owned "donor" system. This report contains all of the elements required to assess key compliance and conformance issues associated with a "receiver" system to ensure that the system was not being operated or managed in a "deficient" condition, as defined under O. Reg. 172103. The report does not contain items associated with the inspection of the donor system, such as source waters, intakes/wells and treatment facilities. Your system was chosen for a focused inspection during this inspection cycle because inspection findings over the past three years were such that the number of violations were minimal or non existent, there were few or no orders issued to you that were of significance in the maintenance of water potability and there were no deficiencies as defined in O. Reg. 172103. The undertaking of a focused inspection at your drinking water system during this year's inspection cycle does not ensure that a similar type of inspection will be conducted at any point in the future. Documents reviewed in association with this report included, but were not limited to: 1/ Municipality of Bayham Distribution System Drinking Water Works Permit Number: 061-201 lssue Number: 1 issued March 9, 2010. 2/ Municipality of Bayham Distribution System Municipal Drinking Water Licence Number: 061-101 lssue Number: 1 issued March 12,2010. 3/ Ministry of the Environment Drinking Water lnspection Report 1-7GM3R dated, February 17, 2010 entitled Bayham (Elgin AWS) Distribution System Drinking Water System lnspection Report inspection dated March 19,2010. This report also includes a review, and assessment of compliance and operating practices in relation to the following Acts and Regulations: 1/ Safe Drinking WaterAct, 2002; 2/ Ontario Regulation 170103; 3/ Ontario Drinking-Water Quality Standards O. Reg 169/03; 4/ Ontario Water Resources Act, 1990; 5/ Certification of Drinking-Water System Operators and Water Quality Analysts; Regulation, O. Reg. 128104; 6/ Environmental Protection Act, 1990; Additional operational documents maintained by the owner/operating authority for the period from December 31, 2009 through December 31,2010 were also reviewed in conjunction with the compliance evaluation. DISTRIBUTION SYSTEM Report Generated for millerji on 101Q312011 (dd/mm/yyyy) DWS #: 260004748 MUNICIPAUry OF BAYHAM DISTRIBUTION SYSTEM Date of lnspection: 2710112011 (dd/mm/yyyy) Page 4 of 13 Municipality of Bayham Distribution System Drinking Water System Inspection Report dated January 27, 2011. Page 344 of 381 DISTRIBUTION SYSTEM * Backflow preventers were ¡nstalled at each service connection to lndustrial/Commercial/lnstitutional and agricultural process that were considered high hazard facilities. The Municipality of Bayham has implemented an inspection program as a means of assessing whether or not adequate backflow prevention devices are installed or required at high risk operations (i.e. wastewater plants, sewage pumping stations, industrial operations, car washes, interconnecting cisterns, hospitals, clinics, funeral homes, food packing plants, etc.). Test reports are available on file at the Water Distribution Department, The report includes the following: owner, location, model and make of assembly and name of certified tester. * Existing parts of the distribution system that were taken out of service for inspection, repair or other activities that may lead to contamination, and all new parts of the distribution system that came in contact with drinking water, were disinfected in accordance with the Procedure for Disinfection of Drinking Water In Ontario. The Ten States Standards and the Ontario Building Code have been adhered to in procedures for design, material selection and plumbing code requirements to maintain the integri$ of the system. Procedures for flushing, disinfection and testing of new or repaired water mains are included in the Operations and Maintenance Manual. The disinfection procedures should be in accordance with proven industry best practice standards (i.e. AWWA C651-05 Standard for Disinfecting Water Mains, AWWA C652-02 for storage facilities and C653-03 for Water Treatment Plants). * Existing parts of the distribution system that were taken out of service for inspection, repair or other activities that may lead to contamination, and all new parts of the distribution system that came in contact with drinking water, were dlsinfected in accordance with the Procedure for Disinfection of Drinking Water ln Ontario. As per "Drinking Water Works Permit Number: 061-201 lssue Number 1 Schedule B 2.3 Alteration to the Drinking Water System" the Municipality of Bayham has developed procedures and maintained records indicating that all necessary steps have been followed to reduce the possibility of contamination during repairs or other activities conducted over the course of the inspection review period. A copy of American Water Works Association (AVlt}VA) standards are located in the facility's operations and maintenance manual. * Based on the records available the owner was able to maintain proper pressures in the distribution system. * The receiving system was claiming exemptions to O. Reg. 170/03 available under subsection 5(4), but the agreement with the donor did not satisfy the requirements prescribed by subsection 5(4). OPERATIONS MANUALS * The operations and maintenance manuals contained plans, drawings and process descriptions sufficient for the safe and efficient operation of the system. The Operations Manual is stored in an accessible location at the Port Burwell Wastewater Treatment Facility and is available to all operational staff. The Operations Manual contains the following: plans, drawings, process descriptíons, water distribution operator duties, emergency procedures, disinfection procedures and other guidance materials typical of an Operations Manual. Also in the manual is a sampling plan which includes instructions pertaining to the identification of adverse drinking-water conditions as well as prescribed notifications and corrective actions. LOGBOOKS Report Generated for millerji on 1010312011 (dd/mm/yyyy) DWS#:260004748 MUNICIPALITY OF BAYHAM DISTRIBUTION SYSTEM Date of lnspectioni 2710112011 (dd/mm/yyyy) Ministry of the Environment Drinking Water System lnspection Report Page 5 of 13 Municipality of Bayham Distribution System Drinking Water System Inspection Report dated January 27, 2011. Page 345 of 381 LOGBOOKS * Logs for the distribution subsystem(s) of the drinking water system contained the required information. During the site inspection, it was found that a general logbook identifying daily activities, operational checks, etc. was in place. Operational logs are a key component for the safe and efficient operation of a facility, Logs or other record-keeping mechanisms are required in order to document the operation of the drinking water system and corrective actions taken to adverse situations. * Records or other record keeping mechanisms confirmed that operational testing not performed by continuous monitoring equipment was being done by a certified operator, water quality analyst, or person who suffices the requirements of O. Reg. 1701037-5. All log records reviewed during the inspection identified the names of all operators of the facility and their respective signatures and/or initials. lt should be noted that any entries in the log must be identified by the person making the entry in the logs. An example of this is if multiple operators make entries in the log. lf this occurs, those persons must clearly identify who made the entry (i.e. by signature or initial). SECURITY * The owner had provided security measures to protect components of the drinking-water system. CERTIFICATION AN D TRAINING * The overall responsible operator had been designated for each subsystem. At the time of inspection, the Overall Responsible Operator (ORO) designated for the Bayham Water Distribution System was identified as Mr. Ed Roloson, WaterMastewater Superintendent for the MunicipaliÇ of Bayham. Mr. Roloson possesses certification equal to or greater than the classification level of the system (Water Distribution Supply 1). ln the event that Mr. Roloson is unavailable, Mr. Robert Butler or Mr. Adam Swance may also be designated as ORO for the water distribution system. * Operators in charge had been designated for all subsystems which comprised the drinking- water system. During review of the operators' certification, ít was determined that the Owner has designated operators in charge (OlC) responsible operations of the Bayham Water Distribution System with a certificate that is of the same class or higher than the system. The Owner must be aware that in the event that the Operator does not meet with the requirements to be classified as an OlC, an adequately licensed Operator should be listed as the OIC (on call), and be available to the staff member conducting the routine operational duties. * Only certified operators made adjustments to the treatment equipment. Documentation provided at the time of inspection (logbooks and other record keeping mechanisms) indicated that only certified operational staff made adjustments to water distribution processes. The Owner/Operator must be aware that the Safe Drinking WaterAct (SDWA) Section 11(1)5 requires the owner and/or the operating authority to ensure that the personnel at the drinking-water system are under the supervision of persons having the prescribed qualifications. Report Generated for millerji on 1010312011 (dd/mm/yyyy) DWS#:260004748 MUNICIPALITY OF BAYHAM DISTRIBUTION SYSTEM Date of lnspection'. 2710112011 (dd/mm/yyyy) Ministry of the Environment Drinking Water System lnspection Report Page 6 of 13 Municipality of Bayham Distribution System Drinking Water System Inspection Report dated January 27, 2011. Page 346 of 381 Þontario Ministry of the Environment Drinking Water System lnspection Report CERTIFICATION AND TRAINING The Owner/Operator should reference Ministry publication PIBS 4723e "Certification Guide for Operators and Water Quality Analysts of Drinking Water Systems", dated Augusl 1, 2004, section 4 "Certification of Operators" identifies functions that must be performed by a certified operator. The Certification Guide identifies that certain duties must be performed by a certified operator, or at least have a certifled operator (or P. Eng. designated as OIC) physically present and monitoring the work being performed. lt also identifies duties that can be undertaken by uncertified personnel without the direct physical supervision of the person with prescribed qualifications. WATER OUALITY MONITORING * All microbiological water quality monitoring requirements for distribution samples were being met. A review of the statement of analytical results for the inspection period, confirmed that a minimum of three (3) distribution samples were taken each week and analyzed for E.coli, total coliform and HPC. ln accordance with O. Reg. 170/03, Schedule 10, and based on the population served of 1500 persons, the Owner/Operating Authority is required to take a minimum of nine (9) distribution system samples each month, ensuring that at least one sample is taken in each week of the month. Each of the distribution samples are to be analyzed for E.coli, total coliform and 25% of the samples must be analyzed for background colony counts based on a heterotrophic plate count (HPc). * All trihalomethanes water quality monitoring requirements prescribed by legislation were conducted within the required frequency. ln accordance with O. Reg. 170/03 Schedule 13-6, the Owner/Operator of the Bayham Water System shall continue to ensure that samples for trihalomethanes are collected and analyzed from the distribution system every three (3) months. Documentation provided by the owner/operator during the inspection period indicates that all quarterly trihalomethane water quality monitoring requirements have been met. Sample results provided by the owner have been provided as a yearly average in the 2010 Annual Summary Report. * All sampling requirements for lead prescribed by schedule l5.l of O. Reg. 170/03 were being met. * All sampling requirements for alkalinity and pH prescribed by schedule l5.l of O. Reg. 170103 were being met. During the documentation review all lead samples collected by the owner were in accordance with the direction provided in Schedule 15.1-7(3). A spreadsheet provided by the owner clearly identified alkalinity and pH results. It should also be noted that the Municipality of Bayham is now on reduced sampling as per Schedule 15. 1-5. (10) and must ensure the following sampling conditions are met: O. Reg. 17010315. 1-5. (10) When the requirements fortaking samples set out in clauses (3) (a) and (b) and subsection (8) cease to apply under subsection (9) to a drinking water system, the owner of the drinking water system and the operating authoriÇ for the system shall ensure that samples are taken as described in clause (3) (c), in accordance with subsection 15.1-7 (2), (a) to test for total alkalinity and for pH during each of the periods described in subsection (5) in every 12-month period; and (b) to test for lead during each of the periods described in subsection (5) in every third 12-month period. Report Generated for millerji on 1010312011(dd/mm/yyyy) DWS #: 260004748 MUNICIPALITY OF BAYHAM DISTRIBUTION SYSTEM Date of lnspection'. 2710112011 (dd/mm/yyyy) Page 7 of 13 Municipality of Bayham Distribution System Drinking Water System Inspection Report dated January 27, 2011. Page 347 of 381 tÞ^ . . Ministry of the Environment ,/- OntafiO Drinking Water System tnspection Report WAT.ER QUALITY MONITORING * The secondary disinfectant residual was measured as required for the distribution system. All distribution free available chlorine (FAC) residual measurements provided by the owner during the inspection review were appropriately documented, including the following: the time, date, FAC residual and the person who analyzed the sample. The owner sampled two (2) times daily from different locations in the distribution system. * Records confirmed that chlorine residual tests were being conducted at the same time and at the same location that microbiological samples were obtained. During the documentation revieq records reviewed demonstrate that chlorine residuals are being collected at the same time and location as microbiological samples from the distribution. The owner has fulfilled the requirements prescribed by O. Reg. 170/03 6-3(1) which requires that where a water sample is taken and tested for a microbiological parameter, the owner of the drinking water system and the operating authority for the system shall ensure that another sample is taken at the same time from the same location and is tested immediately for, (a) free chlorine residual, if the system provides chlorination and does not provide chloramination; or (b) combined chlorine residual, if the system provides chloramination. * Testing for parameters required by legislation, Order, or a Permit, Licence or Approval issued under Part V of the SDWA was conducted by laboratories in Ontario licenced to test for that parameter, or by eligible laboratories outside Ontario. The Municipality of Bayham contracts SGS Lakefield Research SGS Lakefield Research Ltd. 657 Consortium Court, London ON and Maxxam Analytics lnc 6740 Campobello Road Mississauga ON to conduct the required chemical and microbiological testing. WATER QUALITY ASSESSMENT * The inspector collected audit samples during the inspection. Audit samples were collected on, February 16,2011 by the inspecting officer. Sample results are included in Appendix C of this report. * Records show that all water sample results taken during the review period met the Ontario Drinking Water Quality Standards (O.Reg. 169/03). After reviewing laboratory results and monitoring data provided by the operating authority, it was found that water provided by the system meets the requirements of the prescribed drinking water quality standards. REPORTING & CORRECTIVE ACTIONS * All reporting requirements for Iead sampling were complied with as per schedule l5.l-9 of O.Reg. 170103. * All changes to the system registration information were provided within ten (10) days of the change. OTHER INSPECTION FINDINGS Report Generated for millerji on 1010312011 (dd/mm/yyyy) DWS#:260004748 MUNICIPALITY OF BAYHAM DISTRIBUTION SYSTEM Date of lnspection: 27 101 12011 (dd/mm/yyyy) Page I of 13 Municipality of Bayham Distribution System Drinking Water System Inspection Report dated January 27, 2011. Page 348 of 381 lÞ^ . . Ministry of the Environment ,/- OntafiO Drinking Water System lnspection Report OTHER INSPECTION FINDINGS * The following issues were also noted during the inspection: Best Management Practices and Recommendations are provided by the ministry to improve the owner/operator's ability to protect public health and ensure continuous improvements in the overall operation and maintenance of the drinking water system. During the inspection, it was found that a plan for continuous improvement in overall operations and maintenance has been enhanced through regular strategic process evaluations conducted by the Owner. The Municipality of Bayham has been committed to the implementation of continuous improvements in the overall operation and maintenance of the drinking water system. Report Generated br millerji on 1010312011(dd/mm/yyyy) DWS#:260004748 MUNICIPAUry OF BAYHAM DISTRIBUTION SYSTEM Date of lnspection: 2710'll2o11 (dd/mm/yyyy) Page 9 of 13 Municipality of Bayham Distribution System Drinking Water System Inspection Report dated January 27, 2011. Page 349 of 381 Ministry of the Environment Drinking Water System lnspection Report NON.COMPLIANCE WITH REGULATORY REQUIREMENTS AND ACTIONS REQUIRED This section provides a summary of all non-compliance with regulatory requirements identified during the inspection period, as well as actions required to address these issues. Further details pertaining to these items can be found in the body of the inspection report. Not Applicable Report Generated for millerji on 1010312011 (dd/mm/yyyy) DWS#:260004748 MUNICIPALITY OF BAYHAM DISTRIBUTION SYSTEM Date of lnspection: 2710112011 (dd/mm/yyyy) Page 10 of I 3 Municipality of Bayham Distribution System Drinking Water System Inspection Report dated January 27, 2011. Page 350 of 381 Ministry of the Environment Drinking Water System lnspection Report SUMMARY OF BEST PRACTICE ISSUES AND RECOMMENDATIONS This section provides a summary of all best practice issues identified during the inspection period. Details pertaining to these items can be found in the body of the inspection report. Best Management Practices are recommendations and not mandatory requirements, but may lead to safe drinking water for the consumer. ln the interest of continuous improvement in the interim, it is recommended that owners and operators develop an awareness of the following practices and consider measures to implement them so that all drinking water systems continuously improve their processes. l. The following issues were also noted during the inspection: Best Management Practices and Recommendations are provided by the ministry to improve the owner/operator's ability to protect public health and ensure continuous improvements in the overall operation and maintenance of the drinking water system. During the inspection, it was found that a plan for continuous improvement in overall operations and maintenance has been enhanced through regular strategic process evaluations conducted by the Owner. The Municipality of Bayham has been committed to the implementation of continuous improvements in the overall operation and maintenance of the drinking water system. Recommendation: 1/ lt is also very important for the Municipality of Bayham to be aware of the following provisions in the Standard of Care for Municipal Drinking Water Systems section 19 proclaimed in May 2007, which will come into force on January 1,2013. Standard of care, municipal drinking water system 19. (1 ) Each of the persons listed in subsection (2) shall, (a) exercise the level of care, diligence and skill in respect of a municipal drinking water system that a reasonably prudent person would be expected to exercise in a similar situation; and (b) act honestly, competently and with integrity, with a view to ensuring the protection and safety of the users of the municipal drinking water system.2002, c. 32, s. 19 (1). Same (2) The following are the persons listed for the purposes of subsection (1): 1. The owner of the municipal drinking water system. 2. lf the municipal drinking water system is owned by a corporation other than a municipality, every officer and director of the corporation. 3. lf the system is owned by a municipality, every person who, on behalf of the municipality, oversees the accredited operating authority of the system or exercises decision-making authority over the system. 2002,c.32, s. 19 (2). 2lThe Municipality of Bayham shall continue to evaluate all air and vacuum relief chambers and valve pipíng to ensure that the open end of the airlvacuum relief pipe is not located in an area subject to flooding. As requested during the past inspection, the Owner/Operator has increased site inspections to ensure chambers that are prone to flooding are pumped on an as needed basis to prevent the potentíal for contamination of the distributed water. ln addition to the above, many of the chambers have been upgraded to prevent flooding and inflow decreasing the amount of time spent to check and pump the flooded airlvacuum release valve chambers. 3/ The Municipality of Bayham should also consider the ongoing development and implementation of a comprehensive maintenance and record program to include all operational assets. Planned or preventative maintenance is essential for the safe and reliable operation of any facility. By maintaining comprehensíve detailed maintenance records, the owner/operator will achieve strategic benefits as listed but not limited to the following: Report Generated for millerji on 10/03/2011 (dd/mm/yyyy) DWS#:260004748 MUNICIPALITY OF BAYHAM DISTRIBUTION SYSTEM Date of lnspection'. 2710112011 (dd/mm/yyyy) Page 1'l of 13 Municipality of Bayham Distribution System Drinking Water System Inspection Report dated January 27, 2011. Page 351 of 381 tÞ^ . . Ministry of the Environment ,/- OntafiO Drinkins Water Systém Inspection Report . equipment replacement or rehabilitation prior to problems . reduced operational cost; after hour call-outs and emergency response . maximized life expectancy of capital investment equipment . reduced interruption of water services . reduced water system contamination . increased knowledge of facility operators . identifìed need for staff training relevant to the system operation . critical information regarding budgeting for operations; staffing; capital cost, etc. . identification of deficiencies . demonstrated owner/operator due diligence Report Generated for millerji on 1010312011 (dd/mm/yyyy) DWS#;260004748 MUNICIPALIW OF BAYHAM DISTRIBUTION SYSTEM Date of lnspection:. 2710112011 (dd/mm/yyyy) Page 12 of 13 Municipality of Bayham Distribution System Drinking Water System Inspection Report dated January 27, 2011. Page 352 of 381 SIGNATURES Minlstry of the Environment Drln klng Watl System .lns pectlon Report lnspected By: Jim Miller Signature: (Provinci Reviewed &Approved By: Shawna Bourne Review &Approval Date: Signature: (Supervisor): \o , èÒ(\ Note: This lnspection does not ln any way suggest that there is or has been compliance with applicable legislation and regulations as they apply or may apply to this facility. lt is, and remains, the responsibility of the owner and/or operating authority to ensure compliance wlth all applicable legislative and regulatory requirements. Report Generated for millefi on 10/032011 (dd/mn/yyyy) DWS#:260@4748 MUNICIPALITY OF BAYHAM DISTRIBUTION SYSTEI' Date of lruæcfoil 27rc1n011 (dd/mm/yyyy) Pagc 13 of 13 Municipality of Bayham Distribution System Drinking Water System Inspection Report dated January 27, 2011. Page 353 of 381 Ministty of the Envircnment - Inspection Summary Ratlng Record (Reportlng Year - 2010-2011) DWS Name: MUNICIPALITY OF BAYHAM DISTRIBUTION SYSTEM DWS Number= 260004748 DWS Owner: Bayham, The Corporation Of The Municipality Of Location: Regulation: O.REG L70103 Category: Large Municipal Residential System Type Of Inspection: Adhoc Inspection Date: January 27, 20tL Ministry Office: London District Maximum Question Rating: 187 Inspection Risk Rating 10.00o/o FINAL INSPECTION RATING: I 100.00o/o Inspection Module Non-Compliance Rating Distribution System 0l2r Operations Manuals 0l L4 Logbooks 0/ 18 Certification and Training 0128 Water Quality Monitoring 0/90 Repofting & Corrective Actions 0/ 16 TOTAL olt87 Inspection Rating Recold Generated On 10-MAR-11(Inspectlon ID: 1-8B4YM). Municipality of Bayham Distribution System Drinking Water System Inspection Report dated January 27, 2011. Page 354 of 381 Mlnlstry of the Envlrcnment - Detailed Inspectlon Rating Record (Reporting Year - 2010-2011) DWS Name: MUNICIPALITY OF BAYHAM DISTRIBUTION SYSTEM DWS Numbe¡= 260004748 DWS Owner: Bayham, The Corporation Of The Municipality Of Location: Regulation: O.REG 170103 Category: Large Municipal Residential System Type Of Inspection: Adhoc Inspection Date: January 27,20II Ministry Office: London District Maximum Question Rating: 187 Inspection Risk Rating 10.00o/o FINAL INSPECTION RATING: I 100.00o/o Inspectlon Ratlng Recold Generated On 10-MAR-11 (Inspection ID: 1-8B4YM). Municipality of Bayham Distribution System Drinking Water System Inspection Report dated January 27, 2011. Page 355 of 381 Page 356 of 381 Mlnlstry of the Envlronment Mlnlstère de I'Envlronnement safe Drinking water Branch Direction du contrôle de la qualiré de I'eau potable 3292 White Oak Road, gd Floor Bureau du district de London London ON N6E 1LB 3" étage Tel (519) 873-5094 3232' chemin White Oak Fax (519) 873-5096 London (Ontario) N6E 1Lg Tel (519) 873-5094 Fax (51 9) 873-5096 File no. SI-EL-BA-HE -26007 4854-540 EÞts É ICH March l4,20ll Richmond Community'Water Inc. Partnership 53853 Heritage Line P.O. Box 22, R.R. #1 Aylmer, ON N5H 2R1 Attention: Mr. Rick Lee Garrett, President Re: Richmond Community Water Inc. (V/ater Works # 260074854) Well Supply Inspection Report conducted on January 2l,20ll. The enclosed Communal Drinking Water Inspection Report outlines non-compliance, if any with Ministry legislation for the above noted water system. The report references any outstanding issues and details the actions required to bring your system into compliance. Violations noted in this report, if any, have been evaluated based on community risk. These violations will be monitored for compliance with the minimum standa¡ds for drinking water in Onta¡io as set forth under the Safe Drinking Water Act and associated regulations. Where risk is deemed to be high and/or compliance is an ongoing concern, violations will be forwarded to this Ministry's Investigation and Enforcement Branch. If you have any questions regarding the report, please feel free to call me at (519)873-5092. Yours truly, Provincial Officer London District Office jim.w.miller @ onta¡io.ca cc. Elgin-St. Thomas Public Health Mr. Kyle Kruger, Municipality of Bayham Long Point Conservation Authority London District file 1900 (01/2006) Richmond Community Water Inc. Well Supply Drinking Water Inspection Report dated January 27, 2011. Page 357 of 381 Ministry of the Environment RICHMOND COMMUNITY WATER INC. PARTNERSHIP WELL SUPPLY Drinking Water System lnspection RepoÉ DWS Number: lnspection Number: Date of lnspection: lnspected By: 260074854 1-8AQUX Jan 27,2011 Jim Miller Richmond Community Water Inc. Well Supply Drinking Water Inspection Report dated January 27, 2011. Page 358 of 381 Mlnistry of the Environment Drinking Water System lnspectlon Repoñ Table of Contents Table of Contents Owner lnformation lnspection Details lnspection Sum mary lntroduction NMYR - Source NMYR - Treatment Processes NMYR - Logbooks NMYR - Gonsumer Relations NMYR - Certification and Training NMYR - Water Quality Monitoring NMYR - Water Quality Assessment NMYR - Reporting, Notification and Corrective Action NMYR - Other lnspection Findings Non Compliance with Regulatory Requirements and Actions Reqiured Summary of Best Practice lssues and Recommendations Signatures Appendix A: Component Location Details Appendix B: Ministry Audit Sample Results Appendix C: Best Management Practices and Recommendations Appendix D: Section 114 Order issued to the Municipality of Bayham 2 3 5 5 6 7 7II 11 11 12 13 16 17 Richmond Community Water Inc. Well Supply Drinking Water Inspection Report dated January 27, 2011. Page 359 of 381 Ministry of the Environment Drinking Water System lnspection Report OWNER INFORMATION: Company Name: RICHMOND COMMUNITY WATER lNC. PARTNERSHIP Street Number: 53853 Unit ldentifier: Street Name: HERITAGE LINE Rd W Gity: AYLMER Province: ON PostalCode: NsH 2R1 CONTACT INFORMATION Type: CMO/Adminisrtrator Name: Mr. Kyle KrugerPhone: (s19) 866-5s21 Fax: (s19) 866-3884Email: kkruger@bayham.on.ca Title: CMO/Adminisrtrator Municipality of Bayham Type: Water Superintendent Name: Mr. Ed Roloson Phone: þ19) 974-4761 Fax: þ19) 874-410lt Email: ed@bayham.on.ca Title: WaterMastewater Superintendent Municipality of Bayham TYPe: PresidenUDirectorPhone: (S19) 866-3643Email: jamrs4@amtelecom.net Name: Mr. Rick Lee Garrett Fax: (S19) 633-8598 Title: President\Operator, Richmond Community Water lnc. Partnership Type: Operating Authority Name: Mr. John J. Scott Phone: (s19) 966-s464 Fax: Email: jjscott@amtelecom.net Title: Director\Operator, Richmond Community Water lnc. Type: Operating Authority Name: Mr. Tom MorsePhone: (s19) 866-3s0s Fax: Email: Title: Director\Operatot Richmond Community Water lnc. Type: Operating Authority Name: Mr. Lewis AcrePhone: (s19) 866-354s Fax: Email: lewacre@amtelecom.net Title: Shareholdet Richmond Community Water lnc. TYPe: Operating AuthorityPhone: (519) 866-3041 Email: Title: Director, Richmond Community Water lnc. Name: Mr. Max Ward Fax: Report Generated for millerji on 1110312011 (dd/mm/yyyy) DWS#:260074854 RICHMOND COMMUNIW WATER INC. PARTNERSHIP WELL SUPPLY Date of lnspection: 27 101 12011 (dd/mm/yWy) Page 2 o'f 17 Richmond Community Water Inc. Well Supply Drinking Water Inspection Report dated January 27, 2011. Page 360 of 381 .òv- LFontario Ministry of the Environment Drinking Water System lnspection Report INSPECTION DETAILS: DWS Name: RICHMOND COMMUNITY WATER INC. PARTNERSHIP WELL SUPPLY DWSAddress: 9190 RICHMOND RD S Gounty/District: Bayham DistricUArea Office: London District DWS Category: Non-MunicipalYear-Round Residential DWS Number: 260074854 lnspection Type: Announced lnspection Number: 1-8AQUX Date of Inspection: Jan 27,2011 Date of Previous lnspection: Nov 13, 2008 DRINKING WATER SYSTEM COMPONENTS DESCRIPTION Site (Name): Well#1 Type: Source Sub Type: GUDI Comments: Well #1 is a combination of artesian and surface water that is captured in a gravel covered infiltration gallery that is located in the ravine south-east of the treatment pumphouse. At the time of the inspection, the artesian water discharging from the side of the ravine and the surface water infiltrating the gravelled area was collected in concrete catchment rings with a discharge pipe flowing from the catchment rings that gravity feeds to a storage tank located at the bottom of the ravine. Site (Name): Well#2 Type: Source Sub Type: GUDI Comments: Well #2 is a combination of artesian and surface water that is captured in a gravel covered infiltration gallery that is located in the ravine east of the treatment pumphouse. At the time of the inspection, the artesian water discharging from the side of the ravine and the surface water infiltrating the gravelled area was collected in concrete catchment rings with a discharge pipe flowing from the catchment rings that gravity feeds to a storage tank located at the bottom of the ravine. Site (Name): Lowlift Pumping Station Type: Source Sub Type: GUDI Comments: The lowlift pumping station is an above grade, 1,500 imperial gallon poly-vinyl storage tank that is located downstream of the two wells, where the water is blended and pumped up to the treatment pumphouse. The overflow from the storage tank is discharged to the water course at the base of the ravine. Report Generated for millerji on 1110312011 (dd/mm/yyyy) DWS#:260074854 RICHMOND COMMUNITY WATER INC. PARTNERSHIP WELL SUPPLY Date of lnspection'. 2710112011 (dd/mm/yyyy) Page 3 of 17 Richmond Community Water Inc. Well Supply Drinking Water Inspection Report dated January 27, 2011. Page 361 of 381 lÞ^ . . Ministry of the Environment ,/- OntafiO Drinkins Water System tnspection Report Site (Name): Pumphouse Type: Treated Water POE Sub Type: Pumphouse Comments: The pumphouse that contains the treatment equipment, consists of a steel sided building with a concrete floot that is located at 9190 Richmond Road, The raw water from Wells 1 and 2 is blended and pumped from the above grade storage tank that is located at the bottom of the ravine. As the raw water enters the pumphouse it is filtered by a20 micron and a 5 micron cartridge type filter. The fìltered water then flows through two identical sets of disinfection equipment, each consisting of a hypochlorite solution feed pump, a 1,500 imperial gallon contact storage tank on the east side and a 2000 imperial gallon contact storage tank on the west side, an 83.3 litre per minute distribution pump, two pressure tanks, a 1 micron filter, an Ultraviolet Disinfection unit and a flow measurement gauge. The treated water discharging from the pumphouse enters the two distribution pipes that feed the east and west sides of the community, Site (Name): Distribution System Type: Other Sub Type: Other Gomments: The distribution system provides potable water to 48 households and 1 church, which serves an approximate population of 200 persons, in the community of Richmond. There are two independent distribution lines that discharge from the treatment pumphouse, one providing water to the east side of Richmond and the other providing water to the west side of Richmond. Report Generated for millerji on 1'110312011 (dd/mm/yyyy) DWS#:260074854 RICHMOND COMMUNIry WATER INC. PARTNERSHIP WELL SUPPLY Date of lnspec,tion: 2710112011 (dd/mm/yyyy) Page 4 oÍ 17 Richmond Community Water Inc. Well Supply Drinking Water Inspection Report dated January 27, 2011. Page 362 of 381 ÐÞontario Ministry of the Environment Drinking Water System Inspection Report INSPEGTION SUMMARY INTRODUCTION * The primary focus of these inspections is to confirm compliance with Ministry of the Environment legislation and control documents, as well as conformance with Ministry drinking water related policies for the inspection period. The Ministry has taken a multi- barrier approach in the inspection of this water system focusing on the water source, treatment and distribution components, monitoring programs, and response to adverse water quality incidents. This inspection does not in any way suggest that all applicable legislation and regulations were evaluated. lt is, and remains the responsibility of the owner, to ensure compliance with all applicable legislative and regulatory requirements. The documents reviewed in conjunction with this report include but are not limited to: 1. The registration informatíon contained in the Drinking Water lnformation System Profile. 2. The GUDI Assessment Richmond Community Water Supply, dated April2007, by HGI Services Ltd. 3. The Engineer's Evaluation Report, dated July 2007, completed by Stevenson Engineering Ltd. 4. Richmond Community Water lnc, Section 114 Safe Drinking WaterAct S.O. 2002, c. 32, as amended ("SDWA') This report also includes a review, and assessment of compliance and operating practices in relation to the following Acts and Regulations: 1/ Safe Drinking WaterAct, 2002; 2/ Ontario Regulation '170103; 3/ Ontario Drinking-Water Quality Standards O, Reg 169/03; 4/ Ontario Water Resources Act, 1990; 5/ Certification of Drinking-Water System Operators and Water Quality Analysts; Regulation, O. Reg. 128104; 6/ Environmental Protection Act, 1990; Other operational documents maintained by the Owner/Operating Authority (Richmond lnc.) were also reviewed in conjunction with this compliance evaluation. The inspection review period covers the operational period from March 1, 2009 to March 1, 2010. The Municipality of Bayham assumed operations of the Richmond Community Water lnc. Partnership Wellon March 1,2010. ln conjunction with the above inspection review period this report will also cover the operational period from March 1,2010 to Decembe¡ 31,2010. SOURCE * The drinking-water system was registered with the Ministry of the Environment. The Richmond Community Water lnc. Partnership Well Supply System is classified under O. Reg. 170103 as a Non-Municipal Year Round Residential Drinking Water System. The Richmond System is registered in the Drinking Water lnformation System (DWIS) with water works #260074854. * The owner had updated the drinking-water system registration information to reflect pertinent changes to the profile. Report Generated for millerji on 1110312011 (dd/mm/yyyy) DWS #: 260074854 RICHMOND COMMUNITY WATER INC. PARTNERSHIP WELL SUPPLY Date of lnspection'. 2710112011 (dd/mm/yyyy) Page 5 of 17 Richmond Community Water Inc. Well Supply Drinking Water Inspection Report dated January 27, 2011. Page 363 of 381 SOURCE * There were obvious sources of pollution in or around the source that could impair source water quality. A GUD|Assessment for the system was completed by HGI Services Ltd in April 2007. This assessment determined that the wells are GUDI. The assessment provided well head protection recommendations to be implemented by the owner. The heavy accumulation of live and decaying vegetation covering the two infiltration galleries, the residential septic tank systems to the east of the ravine and the natural flora and fauna and their waste products are likely contributors to the nitrates found in the drinking water. The raw water supply is not constructed and cannot be maintained to prevent surface water and other foreign materials from entering the well. Raw water microbial samples collected during the inspection period indicate the presence of E.coli and total coliform. Lab results reviewed during the inspection period, for the system, indicate that the Ontario Drinking Water Quality Standards for Nitrate were consistently exceeded. * The owner was not maintaining the well in a manner sufficient to prevent entry into the well of surface water and foreign materials. During the physical inspection, it was noted that the water system consists of an artesian fed spring water discharging from the side of the ravine is combined with surface run-off and collected in two catchments areas, each consisting of a cavity dug out of the side of the ravine with concrete rings inserted to capture the water. Heavy accumulation of live and decaying vegetation covering the two infiltration galleries and the residential septic tank systems to the east of the ravine are likely contributors to the elevated nitrates found in the drinking-water. The raw water supply is not constructed and cannot be maintained to prevent surface water and other foreign materials from entering the well. During a site visit on August 14,2009, visual observations found debris (burnt garbage, plastics and yard waste) above the Richmond Well Supply's raw water source (infiltration gallery) creating potential for contamination of the source water of unknown type and quantity. Raw water microbial samples collected during the inspection period indicate the presence of E.coli and total coliform. Lab results reviewed during the inspection period, for the system, indicate that the Ontario Drinking Water Quality Standards for Nitrate were consistently exceeded, Additionally, during heavy rain events the raw water collection system is overloaded by surface run- off carrying soil sedimentations that have caused catastrophic failures of the drinking water system. This conclusion is supported by the findings of the HGI Services Ltd Richmond Community Water Supply GUDlAssessment, dated April 2007. TREATMENT PROCESSES * The provision of required minimum level of treatment has not been confirmed by a statement prepared by a licensed engineering practitioner, or an exemption from Schedule 2 of O. Reg. 170103. A review of the Hydrogeological assessment for the Richmond Water Supply was conducted. lt was found that the consultant provided Well Head Protection recommendations which suggested that an alternate drinking water supply be considered by the owner. The consultant also provided additional minimum recommendations for the existing infìltration galleries which had not been implemented by the owner and includes the following: . The slope above water collection point needs to be stabilized to prevent any movement of soil and debris into the water collection area. . Fence off area to limit access. . Conduct additional chemical sampling to monítor impacts from road salt, fertilizer and septic systems. Report Generated for millerji on 1110312011 (dd/mm/yyyy) DWS#:260074854 RICHMOND COMMUNITY WATER INC. PARTNERSHIP WELL SUPPLY Date of lnspection'. 2710112011 (dd/mm/yyyy) Ministry of the Environment Drinking Water System lnspection Report Page 6 of 17 Richmond Community Water Inc. Well Supply Drinking Water Inspection Report dated January 27, 2011. Page 364 of 381 TREATMENT PROCESSES . Clean and maintain filter collection system, . Provide easy access for system maintenance and monitoring. Based on these findings, the potential for unknown contamination of the source water is elevated due the current design of the raw water collection system and the environmental setting. The treatment equipment as supplied cannot sustain heavy organiciinorganic loadings (elevated turbidity) nor is the treatment system designed to remove contaminants such as pesticides and chemicals that may result from heavy run-off during rain events. The ability to maintain the quality of the raw water source for the Richmond Communal Drinking Water System is in question and the current treatment equipment as installed will not be able to maintain a safe and sustainable supply of drinking water to the system users. A formal Drinking Water Advisory (DWA) was re-issued to ensure the public health and safety of the Richmond Communal Drinking Water System on May 14,2010 by Elgin-St. Thomas Public Health Unit, Medical Officer of Health. LOGBOOKS * Logs or other record keeping mechanisms were provided to record information concerning the drinki ng-water system. The Municipality of Bayham provided a binder of log sheets for the period covered by this inspection period for the Richmond Water System. A review of the log sheets provided includes the following six (6) sections: . Section one (1) is staff attendance and visitor check-in where staff sign in and out including the date and the time. . Section two (2) is instructions to staff and includes the daily checks and tests performed. . Section three (3) is Abnormal Operating Conditions and Corrective Actions . Section four (4) is Alarm has been Activated including cause and actions taken. . Section five (5) is Process Equipment Out of Service . Section six (6) is Other Comments which include weather conditions and temperature. CONSUMER RELATIONS * Required documents were made available free-of-charge during normal business hours at a location accessible to the public. The Richmond Community Water lnc. Partnership must ensure that the following documents are available during normal business hours at the appropriate locations: lnformation to be available 12. (1) The owner of a drinking water system shall ensure that the following information is available for inspection in accordance with subsection (4): 1. A copy of every test result obtained in respect of a test required under this Regulation, or under an approval or order, including an OWRA order (analysis of all water samples taken under Schedules 6,7 , 10, 13, etc.). 2. Acopy of every approval and every order, including OWRA orders, that applies to the system and is still in effect, if the approval or order was issued after January 1, 2001. 3. A copy of every annual report prepared under section 11. 4. A copy of every report prepared under Schedule 21 or 22. 5. A copy of this Regulation. O. Reg. 170/03, s. 12 (1); O. Reg. 2471Q6, s. 11. Report Generated for millerji on 1110312011 (dd/mm/yyyy) DWS#:260074854 RICHMOND COMMUNITY WATER INC. PARTNERSHIP WELL SUPPLY Date of lnspection'. 2710112011 (dd/mm/yyyy) Ministry of the Environment Drinking Water System lnspection Report Page 7 of 17 Richmond Community Water Inc. Well Supply Drinking Water Inspection Report dated January 27, 2011. Page 365 of 381 ÐÞontario CONSUMER RELATIONS Additionally, the Owner must ensure that the documentation is available as prescribed by O. Reg. 170103, s. 12 (4) states that: "The information must be available for inspection by any member of the public during normal business hours without charge, (a) at the office of the owner or, if the office of the owner is not reasonably convenient to users of water from the system, at a location that is reasonably convenient to those users; and (b) if the owner is not a municipality but the system serves a municipality, at the office of the municipality O. Reg. 170103, s. 12 (4)". CERTIFICATION AND TRAINING * Alloperators and trained persons did possess the required certification. At the time of inspection, the Overall Responsible Operator (ORO) designated for the Richmond Community lnc. Partnership Water System was identified as Mr. Ed Roloson, WaterMastewater Superintendent for the Municipality of Bayham. Mr. Roloson possesses certiflcation equal to or greater than the classification level of the system (Limited Surface Water Supply). ln the event that Mr, Roloson is unavailable, Mr. Robert Butler or Mr. Adam Swance may also be designated as ORO for the Richmond Water System, * A person other than a certified operator or water quality analyst conducted tests and that person was working under the supervision of a certified operator. Documentation provided at the time of the inspection (logbooks and other record keeping mechanisms) indicated that only certified operational staff made adjustments to the treatment processes. WATER QUALITY MONITORING * Raw water microbiological sample requirements prescribed by leglslation were belng met. ln accordance with O. Reg. 170/03, s. 11-3(l ) "lf a drinking-water system obtains water from a raw water supply that is ground water or a drinking-water system is deemed under section 2 to obtain water from a raw water supply that is surface water, the owner of the system and the operating authority for the system shall ensure that a water sample is taken at least once every month from the raw water in each well that is supplying water to the system, before any treatment is applied to the water. (2) The owner of the drinking-water system and the operating authority for the system shall ensure that each of the samples taken under subsection (1) is tested for, (a) Escherichia coli; and (b) total coliforms." Raw water sample results provided at the time of the inspection indicated that samples are being collected from Well#1 and Well#2 on a monthly basis as required. * All microbiologicalwater quality monitoring requirements for distribution samples have been met. ln accordance with O. Reg. 170/03, s. 11-2. (1) "The owner of a drinking water system and the operating authority for the system shall ensure that, (a) at least one distribution sample is taken every two weeks, if the system provides treatment equipment in accordance with Schedule 1 or 2 and the equipment is operated in accordance with that Schedule; or (b) at least one distribution sample is taken every week, if clause (a) does not apply. (2) The owner of the drinking water system and the operating authority for the system shall ensure that each of the samples taken under subsection (1) is tested fo¡ Report Generated for millerji on 1110312011 (dd/mm/yyyy) DWS#:260074854 RICHMOND COMMUNITY WATER INC. PARTNERSHIP WELL SUPPLY Date of lnspection: 2710112011 (dd/mm/yyyy) Ministry of the Environment Drlnking Water System lnspection Report Page8of17 Richmond Community Water Inc. Well Supply Drinking Water Inspection Report dated January 27, 2011. Page 366 of 381 Fv- L?ontario Ministry of the Environment Drinking Water System Inspection Report WATER OUALITY MONITORING (a) Escherichia coli; (b) total coliforms; and (c) if section 1-5 of Schedule 1 or subsection 2-5 (1) of Schedule 2 applies to the system, general bacteria population expressed as colony counts on a heterotrophic plate count." Distribution water sample results provided at the time of the inspection indicated that samples are being collected from the East and West distribution system on a weekly basis as required. * All physical/chemicalwater quality monitoring requirements prescribed by legislation were being met. All the requirements of Schedule 6, 8, and 13 of O. Reg 170103 on-site records as provided confirm that the sampling program has been satisfied for the inspection review period meeting the requirements of the regulation and are listed as follows: . Free chlorine residual daily at the point where the intended contact time has been completed. . Filter effluent turbidity (NTU) directly after each filter. . All required quarterly samples for Nitrates and Nitrites and Trihalomethanes. Sodium and Fluoride every sixty (60) months last date of collection August 23,2007 and August 27,2007 respectively. . Schedule 23 &24 every sixty (60) months last collection date August 2007. * Sampling requirements for lead were being met as prescribed by schedule 15.1 of O. Reg. 170103. ln accordance with O, Reg. 170/03 15.1 the Richmond System is required to collect 10 residential, 1 non-residential and 2 distribution samples and test for lead twice per year. ln accordance with O. Reg. 1 70103 Schedule 1 5.1 -9 Reporting requirements for samples taken from plumbing the owner shall ensure all the following requirements are met: "lf the operating authority for a drinking water system or the owner of a drinking water system receives a report of a test result for a test conducted on any sample referred to in subsection (2.1), the operating authority or owner shall, within seven days after receiving the report, give the following to the occupant of the premises served by the tap from which the sample was taken and, if the sample was taken from a private residence within a multi-unit residential building, the owner of the building or their agent: 1. A copy of the report. 2. A statement of whether the report indicates a result that exceeds any Schedule 2 standard. 3. lf the report indicates a result described in paragraph 2, any advice given by the medical officer of health to the operating authority or owner with respect to any steps that the occupant should take. 4. The telephone number of a person who is available to answer questions about the report." ln addition to the above, it is unclear if the lead test results collected by Richmond Community Water lnc. Partnership provided a copy of the written reporU test results to the occupant served by the plumbing within seven (7) days after the report was received by the Owner during the 200812009 time period. Documentation provided by the Municipality of Bayham during the 2010 sample period, indicates that all residential systems received notífication within the seven (7) day time frame. Report Generated for millerji on 1110312011 (dd/mm/yyyy) DWS#:260074854 RICHMOND COMMUNITY WATER INC, PARTNERSHIP WELL SUPPLY Date of lnspection: 2710112011 (dd/mm/yyyy) Page 9 of 17 Richmond Community Water Inc. Well Supply Drinking Water Inspection Report dated January 27, 2011. Page 367 of 381 Ministry of the Environment Drinking Water System lnspection Report WATER QUALITY MON ITORING * Disinfectant residual was being monitored in accordance with the legislation. Daily log sheets provided by the Operator during the inspection period show that daily chlorine residuals were collected from each treatment train (east and west) systems during the inspection period. It should also be noted that the Municipality of Bayham has implemented a primary disinfection monitoring program as part of the daily checks to ensure sufficient CT has been met to comply with the Ministry's "Procedure for Primary Disinfection of Drinking Water in Ontario" which includes a CT calculation work sheet indicating the appropriate log removal credit for the inactivation of viruses. * The owner and operating authority has ensured that the UV system was equipped with an alarm or shut-off, and maintained to ensure adequate primary disinfection. During the physical inspection, the operator indicated that the UV system has both an automatic shut off and a dial out alarm system to notiff operators of a system fault. * Ghlorine monitoring for secondary disinfection was being done in accordance with regulatory requirements. Generally stated distribution chlorine residuals are collected at the east and west points of the distribution system two (2) times per week. O. Reg. 170/03 requires the free chlorine to be measured two (2) times per week in the distribution system. * Chlorine monitoring was being done with an appropriate device. At the time of the physical inspection, it was noted that a HACH portable chlorine kit is used to test chlorine residuals. Records reviewed at the time of the inspection, indicate that chlorine testing is conducted once daily from each effluent line. The Richmond System has an effluent line on the east and the west side of the treatment system. Therefore, two treated water effluent samples must be collected and tested daily for free chlorine as per O. Reg. 170103 Schedule 8-3. The Municipality of Bayham also provided annual calibration certificate for the analyzers and they have conducted additional quarterly verification checks for each meter to ensure accuracy. * Turbidity monitoring was being carried out in accordance with regulatory requirements. At the time of the physical inspection, it was noted that a HACH portable turbidity kit is used to test turbidity levels. Records reviewed at the time of the inspection, indicate that turbidity testing is conducted once daily from each filter effluent line. The Richmond System has a filter effluent line on the east and the west side of the treatment system. Therefore, two filter effluent samples must be collected and tested daily for turbidíty as per O. Reg. 170103 Schedule 8-4. The Municipality of Bayham also provided annual calibration certificate for the analyzers and have conducted additional quarterly verification checks for each meter to ensure accuracy. WATER QUALITY ASSESSMENT Report Generated for millerji on 1110312011 (dd/mm/yyyy) DWS#:260074854 RICHMOND COMMUNITY WATER INC. PARTNERSHIP WELL SUPPLY Date of lnspection: 2710'112011 (dd/mm/yyyy) Page 10 of 17 Richmond Community Water Inc. Well Supply Drinking Water Inspection Report dated January 27, 2011. Page 368 of 381 Þontario WATER QUALITY ASSESSME NT * Records show that the water provided by the system did not meet the requírements of the prescribed Ontario Drinking-Water Quality Standards. During the inspection document review period, the Richmond Community Water lnc, Partnership had responded to nine (9) Adverse Water Quality lncidents (AWOI) which include the following: elevated turbidity, nitrate/nitrites, and a lead plumbing exceedance. Documents provided for the Richmond Community Water lnc. Partnership found that nitrate/nitrite sample results continue to exceed the Ontario Drinking Water Quality Standards of 10mg/L with levels fluctuating seasonally. The most recent analytical result for sodium was recorded at 40.1 mg/L which exceeds the health related Maximum Allowable Concentration (MAC)of 20 mg/L. Additionally, the raw water source is not secure and the treatment equipment provided is not designed to operate with elevated organic loading during surface water run-off events. The increased turbidity in the raw water has caused numerous treatment failures at the drinking water system. The Richmond Communal Drinking Water System is currently under a Drinking WaterAdvisory (DWA) users of the system are directed to find an altemate source of safe drinking water, as recommended by the MOE in conjunction with the Elgin-St. Thomas Health Unit. REPORTING & CORRECTIVE ACTIONS * All required notifications of adverse water quality incidents were not provided to the Spills Action Centre and to the Medical Officer of Health. During a site visit conducted on August 14, 2009, it was found that the Richmond Community Water lnc. Partnershíp had failed to take appropriate corrective actions on Monday, August 10, 2009 and Tuesday, August 11, 2009. The Operator also failed to make an immediate notification in response to a failed UV system created by heavy rain fall which directly had an impact of the raw water quality causing elevated turbidity. At approximately 09:00 hours on August 11, 2009, the operator collected a treated water sample that was greater than 1 NTU at 4.4 NTU. The operator failed to report this event until approximately 15:30, six and a half (6.5) hours later, Below is a brief summary of the details regarding AWQI # 90394 found after a site visit conducted on August 14,2009, by the drinking water inspector of the Richmond Community Water System. . visit was conducted as follow-up to the most recent adverse event (elevated turbidity) to ensure that all monitoring sampling and recording conditions had been met. . the operator provided information indicating that the west side distribution system had failed on Monday August 10, 2009, at approximately 22:00 hours and upon arrival at the pumphouse the UV system was reset by the operator returning the system to normal operation taking no other actions at that time. . the operator retumed on Tuesday August 11 , 2009, at approximately 09:00 hours and shut down the west side UV and directed flow to the distribution system via the east side UV. The Turbidity test taken by the operator indicated that the treated water was greater than 1 NTU at 4.4 NTU. . heavy rains had washed down the gully bank into the "filter area". The impact of the surface water contaminated the lower storage tank collection system to the point that the transfer pump would no longer pump water to the pumphouse for treatment. . the operators then had to clean all of the water storage tanks and replace all of the canister filtration units. . on WednesdayAugust 12,2009, the operators completed cleaning the storage tanks and flltration system. The distribution system (east and west) was flushed by the operator. Microbial samples were also collected, one from each distribution line. Report Generated for millerji on 1110312011 (dd/mm/yyyy) DWS#:260074854 RICHMOND COMMUNITYWATER INC. PARTNERSHIP WELL SUPPLY Date of lnspection: 2710112011 (dd/mm/yyyy) Ministry of the Environment Drinking Water System lnspection Report Page 11 oÍ 17 Richmond Community Water Inc. Well Supply Drinking Water Inspection Report dated January 27, 2011. Page 369 of 381 ÐÞontario Ministry of the Environment Drinking Water System Inspection Report REPORTING & CORRECTIVE ACTIONS . Log books reviewed indicate that typically during a rain event the turbidity becomes elevated in the treated water and that the source water is directly impacted by surface water movement across the soil and other debris in the ravine. . visual observations found debris (burnt garbage, plastics and yard waste) above the drinking water system raw water source (infiltration gallery) creating potential for contamination of the source water of unknown type and quantity. Additionally, it was found that an excessive amount of erosion (clay/sand) from the upper ravine had migrated toward the area of the unsecured filter collection system. * All reporting requirements for lead sampling were not complied with as per schedule l5.l-9 of O.Reg. 170/03. During review of the Community Lead Testing Sampling documentation review for the Richmond Community lnc. Partnership Water System it was found that the Richmond Community lnc, Partnership failed to provide written reports within the seven day time frame as prescribed by O. Reg. 170/03 Schedule 15.1-9. (1). ln accordance with O. Reg. 170/03 Schedule 15,1-g (1) Reporting requirements for samples taken from plumbing: "lf the operating authority for a drinking water system or the owner of a drinking water system receives a report of a test result for a test conducted on any sample referred to in subsection (2.1), the operating authority or owner shall, within seven days after receiving the report, give the following to the occupant of the premises served by the tap from which the sample was taken and, if the sample was taken from a private residence within a multi-unit residential building, the owner of the building or their agent: 1. A copy of the report. 2. A statement of whether the report indicates a result that exceeds any Schedule 2 standard." * Corrective actions (as per Schedule 18) had been taken to address adverse conditions, including any other steps as directed by the Medical Officer of Health. OTHER INSPECTION FINDINGS * The following issues were also noted during the inspection: Best Management Practices and Recommendations are provided by the ministry to promote the owner/operator's implementation of continuous improvements in the overall operation and maintenance of the drinking water system and ongoing protection of public health. During the inspection, it was found that the Owner/Operating Authority should give further consideration to the continuous improvement of the overall operation and maintenance of the drinking water system. Please refer to Appendix C for further details related to Best Management Practices and Recommendations. Report Generated for millerji on 1110312011 (dd/mm/yyyy) DWS#:260074854 RICHMOND COMMUNITY WATER INC. PARTNERSHIP WELL SUPPLY Date of lnspection: 2710'112011 (dd/mm/yyyy) Page 12 oÍ 17 Richmond Community Water Inc. Well Supply Drinking Water Inspection Report dated January 27, 2011. Page 370 of 381 ÐÞontario Ministry of the Environment Drinking Water System Inspection Report NON.COMPLIANCE WITH REGULATORY REQUIREMENTS AND ACTIONS REQUIRED This section provides a summary of all non-compliance with regulatory requirements identified during the inspection period, as well as actions required to address these issues. Further details pertaining to these items can be found in the body of the inspection report. 1. The owner was not maintaining the well in a manner sufficient to prevent entry into the well of surface water and foreign materials. During the physical inspection, it was noted that the water system consists of an artesian fed spring water discharging from the side of the ravine is combined with surface run-off and collected in two catchments areas, each consisting of a cavity dug out of the side of the ravine with concrete rings inserted to capture the water. Heavy accumulation of live and decaying vegetation covering the two infiltration galleries and the residential septic tank systems to the east of the ravine are likely contributors to the elevated nitrates found in the drinking-water. The raw water supply is not constructed and cannot be maintained to prevent surface water and other foreign materials from entering the well. During a site visit on August 14, 2009, visual observations found debris (burnt garbage, plastics and yard waste) above the Richmond Well Supply's raw water source (infiltration gallery) creating potential for contamination of the source water of unknown type and quantity. Raw water microbial samples collected during the inspection period indicate the presence of E.coli and total coliform. Lab results reviewed during the inspection period, for the system, indicate that the Ontario Drinking Water Quality Standards for Nitrate were consistently exceeded. Additionally, during heavy rain events the raw water collection system is overloaded by surface run-off carrying soil sedimentations that have caused catastrophic failures of the drinking water system. This conclusion is supported by the findings of the HGI Services Ltd Richmond Community Water Supply GUDlAssessment, dated April 2007. Action(s) Required: As per the Section 114 Order issued to the Municipality of Bayham dated January 20,2010, Part 3: Directions to the Municipality. The Municipality of Bayham shall ensure that appropriate steps are taken to ensure compliance with the requirements of this order. A copy of this document is located in Appendix D of this report. 2. The provision of required minimum level of treatment has not been confirmed by a statement prepared by a licensed engineering practitioner, or an exemption from Schedule 2 of O. Reg. 170103. A review of the Hydrogeological assessment for the Richmond Water Supply was conducted. lt was found that the consultant provided Well Head Protection recommendations which suggested that an alternate drinking water supply be considered by the owner. The consultant also provided additional minimum recommendations for the existing infiltration galleries which had not been implemented by the owner and includes the following: . The slope above water collection point needs to be stabilized to prevent any movement of soil and debris into the water collection area. . Fence off area to limit access. . Conduct additional chemical sampling to monitor impacts from road salt, fertilizer and septic systems. . Clean and maintain filter collection system. . Provide easy access for system maintenance and monitoring. Based on these findings, the potential for unknown contamination of the source water is elevated due the current design of the raw water collection system and the environmental setting. The treatment equipment as supplied cannot sustain heavy organic/inorganic loadings (elevated turbidity) nor is the treatment system designed to remove contaminants such as pesticides and chemicals that may result from heavy Report Generated for millerji on'111031201'l (dd/mm/yyyy) Page 13 of 17 DWS#:260074854 RICHMOND COMMUNITY WATER INC. PARTNERSHIP WELL SUPPLY Date of lnspection: 2710112011 (dd/mm/yyyy) Richmond Community Water Inc. Well Supply Drinking Water Inspection Report dated January 27, 2011. Page 371 of 381 Ministry of the Environment Drinking Water System lnspection Report run-off during rain events. The abiliÇ to maintain the quality of the raw water source for the Richmond Communal Drinking Water System is in question and the current treatment equipment as installed will not be able to maintain a safe and sustainable supply of drinking water to the system users. A formal Drinking WaterAdvisory (DWA) was re-issued to ensure the public health and safety of the Richmond Communal Drinking Water System on May 14,2010 by Elgin-St. Thomas Public Health Unit, Medical Officer of Health. Action(s) Required: As per the Section 114 Order issued to the Municipality of Bayham dated January 20,2010, Part 3: Directions to the Municipality. The Municipality of Bayham shall ensure that appropriate steps are taken to ensure compliance with the requirements of this order, A copy of this document is located in Appendix D of this report. 3. All required notifications of adverse water quality incidents were not provided to the Spills Action Centre and to the Medical Officer of Health. During a site visit conducted on August 14,2009, it was found that the Richmond CommuniÇ Water lnc, Partnership had failed to take appropriate corrective actions on Monday, August 10, 2009, and Tuesday, August 11, 2009. The Operator also failed to make an immediate notification in response to a failed UV system created by heavy rain fall which directly had an impact of the raw water quality causing elevated turbidity. At approximately 09:00 hours on August 11, 2009 the operator collected a treated water sample that was greater than 1 NTU at 4.4 NTU. The operator failed to report this event until approximately 15:30, six and a half (6.5) hours later. Action(s) Required: The Owner/Operating Authority shall implement clear and concise protocols to ensure that staff responsible for the operations and maintenance of the drinking water system are provided with direction with respect to the following: . operational protocols such as immediately reporting to the owner and the trained persons of the drinking water system any concems with water system operations that may compromise public health and water quality. Also, the operator must clearly document the steps taken, or to be taken, to address the issue and the date and time resolved. . Owner/Operating Authority shall provide adequate training to all operations and maintenance staff including: all regulatory compliance related issues; record keeping mechanisms and continuous monitoring requirements as prescribed in the certificates of approval or other applicable legislation. The Owner/Operating Authority shall forward a copy of the aforementioned protocols to the author of this report by December 30,2011. ln addition to the above report, the Owner/Operating Authority shall provide an operators sign-off sheet indicating that each operator has been given the appropriate training. 4. All reporting requirements for lead sampling were not complied with as per schedule 15.1-9 of O.Reg. 170103. During review of the Community Lead Testing Sampling documentation review for the Richmond Community lnc. Partnership Water System it was found that the Richmond Community lnc. Partnership failed to provide written reports within the seven day time frame as prescribed by O. Reg. 170/03 Schedule 15.1-9. (1). ln accordance with O. Reg. 1 70/03 Schedule 1 5.1 -9 (1 ) Reporting requirements for samples taken from plumbing: "lf the operating authority for a drinking water system or the owner of a drinking water system receives a report of a test result for a test conducted on any sample referred to in subsection (2.1), the operating authority or owner shall, within seven days after receiving the report, give the following to the occupant of the premises served by the tap from which the sample was taken and, if the sample was taken from a private residence within a multi-unit residential building, the owner of the building or their agent: 1. A copy of the report. Report Generated for millerji on 1110312011 (dd/mm/yyyy) Page 14 of 17 DWS#:260074854 RICHMOND COMMUNITY WATER INC. PARTNERSHIP WELL SUPPLY Date of lnspection: 2710112011 (dd/mm/yyyy) Richmond Community Water Inc. Well Supply Drinking Water Inspection Report dated January 27, 2011. Page 372 of 381 ÐÞontario 2. A statement of whether the report indicates a result that exceeds any Schedule 2 standard." Action(s) Required: ln accordance with O. Reg. 1 70/03 Schedule 1 5.1 -9 reporting requirements for samples taken from plumbing the owner shall ensure all the following requirements are met: "lf the operating authority for a drinking water system or the owner of a drinking water system receives a report of a test result for a test conducted on any sample refened to in subsection (2.1), the operating authority or owner shall, within seven days after receiving the report, give the following to the occupant of the premises served by the tap from which the sample was taken and, if the sample was taken from a private residence within a multi-unit residential building, the owner of the building or their agent: 1. A copy of the report. 2. A statement of whether the report indicates a result that exceeds any Schedule 2 standard. 3. lf the report indicates a result described in paragraph 2, any advice given by the medical officer of health to the operating authority or owner with respect to any steps that the occupant should take. 4. The telephone number of a person who is available to answer questions about the report. and; (4) lf a laboratory reports a test result to the operating authority for a drinking water system under subsection (2), the operating authority shall, within 24 hours after receiving the report, give a copy of the report to the owner of the system. (5) lf a laboratory reports a test result to the operating authority for a drinking water system or the owner of a drinking water system under subsection (2), the operating authority or owner shall, within 24 hours after receiving the report, give a copy of the report to the medical officer of health." It should be noted that the Municipality of Bayham has provided notices to the occupant of the premises from which the samples were taken within seven (7) days. Report Generated for millerji on 1110312011 (dd/mm/yyyy) DWS#: 260074854 RICHMOND COMMUNITY WATER INC. PARTNERSHIP WELL SUPPLY Date of lnspection:. 2710112011 (dd/mm/yyyy) Ministry of the Environment Drlnklng Water System lnspection Report Page15ofl7 Richmond Community Water Inc. Well Supply Drinking Water Inspection Report dated January 27, 2011. Page 373 of 381 tÞ^ . . Ministry of the Environment ,f OntafiO Drinkins Water System Inspection Report SUMMARY OF BEST PRACTICE ISSUES AND RECOMMENDATIONS This section provides a summary of all best practice issues identified during the inspection period. Details pertaining to these items can be found ln the body of the inspection report. Best Management Practices are recommendations and not mandatory requirements, but may lead to safe drinking water for the consumer. ln the interest of continuous improvement in the lnterim, it is recommended that owners and operators develop an awareness of the following practices and consider measures to implement them so that all drinking water systems continuously improve their processes. 1. The following issues were also noted during the inspection: Best Management Practices and Recommendations are provided by the ministry to promote the owner/operator's implementation of continuous improvements in the overall operation and maintenance of the drinking water system and ongoing protection of public health. Recommendation: During the inspection, it was found that the Owner/Operating Authority should give further consideration to the continuous improvement of the overall operation and maintenance of the drinking water system. Please refer to Appendix C for further details related to Best Management Practices and Recommendations. Report Generated for millerji on 1110312011 (dd/mm/yyyy) DWS#:260074854 RICHMOND COMMUNITY WATER INC. PARTNERSHIP WELL SUPPLY Date of lnspection: 2710112011 (dd/mm/yyyy) Page16oflT Richmond Community Water Inc. Well Supply Drinking Water Inspection Report dated January 27, 2011. Page 374 of 381 ntario Mlnlstry of the Environment Drinking Water System Inspection Report SIGNATURES lnspected By: Jim Miller Reviewed &Approved By: Shawna Bourne Review &Approval Date: Report Generated br millerJl on l1l03f2011 (dd/mm/yyyy) DWS#:2600748S{ RICHMOND COMMUNITY WATER INC. PARTNERSHIP WEIL SUPPLY Date of lnsp€dion: 2710'11i2011 (ddhm/yylry) Signature: (Supervisor): Vlat-dn lt'., Jot\ Note: This inspection does not in any way suggest that there is or has been compliance with applicable legislation and regulations as they apply or may apply to this facility. lt is, and remains, the responsibili$ of the owner and/or operating authority to ensure compliance with all applicable legislative and regulatory requirements. Page 17 o1 17 Richmond Community Water Inc. Well Supply Drinking Water Inspection Report dated January 27, 2011. Page 375 of 381 Page 376 of 381 TIIE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.2011-028 A BY.LA\ry TO AUTIIORIZE THE RENE\ryAL OF AN AGREEMENT BETWEEN THE MI]NICIPALITY OF BAYHAM AND \ilILSON LAWI\ CARE & SNOW REMOVAL FOR THE PROVISION OF LAI\DSCAPE SERVICES IN THE MT]NICIPALITY OF BAYHAM \ryIIEREAS the Council of the Corporation of the Municipality of Bayham did pass By-law 2O|O-M4 on May 6,2010 authorizing the Mayor and Clerk to execute an agreement with Wilson Lawn Care & Snow Removal for landscape services in the Municipality of Bayham; Al.lD WHEREAS the Council of the Corporation of the Municipality of Bayham and the contractor are desirous of re,newing this contract for a further one yerlr period, as permitted in the original agreeûrent; NOW THEREFORE THE COTJNCIL OF'THE CORPORATION OF THE MTJNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Agreement for landscape serr¡ices between the Municþality of Bayham and Wilson Lawn Care & Snow Rernoval, be re,newed for a further one year term; 2. THAT all terms and conditions of the original agreementremain in full force and effect; 3. TIIAT this by-law shall come into full force and effect upon final passing. READ A FIRST, sEcoND AI\D THIRD TIME AI{D FINALLY PASSED THIS 7TH DAY OFAPRIL 2011 MAYOR CLERK By-Law 2011-028 A By-Law to authorize the renewal of an agreement (Wilson Lawn Care & Snow Removal) Page 377 of 381 Page 378 of 381 THE CORPORATION OF THE MTTNICIPALITY OF BAYHAM BY-LA\M 2011-030 BEING A BY-LAW TO FTTRTHER AMEND BY.LAW 2005.102 IMPOSING RATES AND FEES WHEREAS the Municþal Act S.O. 2001, c. 25, Section 391(l), as amended, provides that the Council of a local Municipalitymaybyby-law, impose specific rates and fees to be charged for. municipal services. AND WHEREAS the Council of the Corporation of the Municipality of Bayham did by By- law 2005-102 adopt a schedule of rates and fees for municipal services; AND LIEREAS the Council of the Corporãtion of the Municipality of Bayham did by By- laws 2008-024,2009-104,2009-124 and 2010-702 amend the schedule of rates and fees for municipal services; AND WIIEREAS the Council of the Corporation of the Municþality of Bayham deerns it necessary to further amend the schedule of rates and fees for such services; AND WIIEREAS Council is desirous that adoption of such amendment be byby-law; TIIEREFORE THE COT]NCIL OF THE CORPORATION OF'THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT By-law 2005-102, Schedule "A", ð amended, be further amended to include the following under Community Centre Rental Fees S lle: o a fee rate of $50 per night for C & C Dance; 2. TIIAT effective upon final passing of ByJaw 2011-030, the Schedule of Rates and Fees set out in Schedule "A" attached to ByJaw 2005-102, as amended, shall remain in effect until further amended or rescinded. 3. AND THÄT in all other respects By-law 2005-102 be hereby confirmed. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 7M DAY OF APRIL 2OLI. MAYOR CLERI( By-Law 2011-030 A By-Law to further amend By-Law 2005- 102 (Imposing Rates and Fees) Page 379 of 381 Page 380 of 381 TIIE CORPORATION OF THE MT]NICIPALITY OF BAYHA BY-LAW NO. 2011-031 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF'THE CORPORATION OF THE MTJNICIPALITY OF BAYIIAM FOR TIIE REGULAR MEETING HELD APRIL 7,2OII WIIEREAS under Section 5 (l) of the MunicipalAct,2001 S.O. 2001, Chapter 25,thepowers of a municipal corporation are to be exercised by the Council of the municþality; AND IVHEREAS under Section 5 (3) of the Municipal Act,200l, the powers of Council are to be exercised by byJaw; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it advisable that the proceedings of the meeting be confirmed and adopted by bylaw. THEREFORE THE COTJNCIL OF THE CORPORATION OF THE MT]NICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the actions of the Council of the Corporation of the Municipality of Bayham in respect of each recommendation and each motion and resolution passed and other action by the Council at the regular meeting held April 7,2011 is hereby adopted and confirmed as if all proceedings were expressly embodied in this byJaw. 2. THAT the Mayor and Clerk of the Corporation of the Municþality of Bayham are hereby authorized and directed to do all things necessary to give effect to the action of the Council including executing all documents and affixing the Corporate Seal. READ A FIRST, SECOND AND THIRD TIME and finatly passed this 7th day of April, 2011. MAYOR DEPUTY CLERI( By-Law 2011-031 A By-Law to confirm all actions of Council Page 381 of 381